As Reported by the House Criminal Justice Committee         1            

122nd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 122  5            

      1997-1998                                                    6            


REPRESENTATIVES MYERS-TIBERI-BATEMAN-REID-PADGETT-HAINES-BRADING-  8            

                   CATES-CORBIN-PRINGLE-MASON                      9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 2929.13 and 2929.18 and to enact    13           

                section 2925.07 of the Revised Code to prohibit    14           

                the preparation of drugs for  sale.                15           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That sections 2929.13 and 2929.18 be amended     18           

and section 2925.07 of the Revised Code be enacted to read as      19           

follows:                                                                        

      Sec. 2925.07.  (A)  NO PERSON SHALL KNOWINGLY PREPARE FOR    22           

SHIPMENT, SHIP, TRANSPORT, DELIVER, PREPARE FOR DISTRIBUTION, OR   23           

DISTRIBUTE A CONTROLLED SUBSTANCE WHEN THE PERSON INTENDS TO SELL  24           

OR RESELL THE CONTROLLED SUBSTANCE OR WHEN THE PERSON KNOWS OR     25           

HAS REASONABLE CAUSE TO BELIEVE THAT ANOTHER PERSON INTENDS TO     26           

SELL OR RESELL THE CONTROLLED SUBSTANCE.                           27           

      (B)  THIS SECTION DOES NOT APPLY TO ANY PERSON LISTED IN     30           

DIVISION (B) OF SECTION 2925.03 OF THE REVISED CODE TO THE EXTENT  32           

AND UNDER THE CIRCUMSTANCES DESCRIBED IN THAT DIVISION.            33           

      (C)  WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS        36           

GUILTY OF ONE OF THE FOLLOWING:                                    37           

      (1)  IF THE DRUG INVOLVED IN THE VIOLATION IS ANY COMPOUND,  39           

MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE I OR       41           

SCHEDULE II, WITH THE EXCEPTION OF MARIHUANA, COCAINE, L.S.D.,     44           

HEROIN, AND HASHISH, WHOEVER VIOLATES DIVISION (A) OF THIS         46           

SECTION IS GUILTY OF AGGRAVATED PREPARATION OF DRUGS FOR SALE.     47           

THE PENALTY FOR THE OFFENSE SHALL BE DETERMINED AS FOLLOWS:        48           

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(1)(b) OF   51           

                                                          2      

                                                                 
THIS SECTION, AGGRAVATED PREPARATION OF DRUGS FOR SALE IS A        52           

FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF SECTION 2929.13   54           

OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A     56           

PRISON TERM ON THE OFFENDER.                                                    

      (b)  IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A       59           

SCHOOL OR IN THE VICINITY OF A JUVENILE, AGGRAVATED PREPARATION    60           

OF DRUGS FOR SALE IS A FELONY OF THE THIRD DEGREE, AND DIVISION    61           

(C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING  63           

WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER.                   64           

      (2)  IF THE DRUG INVOLVED IN THE VIOLATION IS ANY COMPOUND,  66           

MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE III,       68           

SCHEDULE IV, OR SCHEDULE V, WHOEVER VIOLATES DIVISION (A) OF THIS  71           

SECTION IS GUILTY OF PREPARATION OF DRUGS FOR SALE.  THE PENALTY   72           

FOR THE OFFENSE SHALL BE DETERMINED AS FOLLOWS:                    73           

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(2)(b)     76           

AND (c) OF THIS SECTION, PREPARATION OF DRUGS FOR SALE IS A        78           

FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13    79           

OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A     82           

PRISON TERM ON THE OFFENDER.                                                    

      (b)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(2)(c) OF   85           

THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A    86           

SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF DRUGS FOR  87           

SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF         89           

SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING         91           

WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER.                   92           

      (c)  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE   95           

AMOUNT OF THE DRUG INVOLVED EXCEEDS THE BULK AMOUNT, PREPARATION   96           

OF DRUGS FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS   97           

A PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE.  IF THE AMOUNT    98           

OF THE DRUG INVOLVED EXCEEDS THE BULK AMOUNT AND IF THE OFFENSE    99           

WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A  100          

JUVENILE, PREPARATION OF DRUGS FOR SALE IS A FELONY OF THE THIRD   101          

DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE       102          

OFFENSE.                                                                        

                                                          3      

                                                                 
      (3) IF THE DRUG INVOLVED IN THE VIOLATION IS MARIHUANA OR A  105          

COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING MARIHUANA  106          

OTHER THAN HASHISH, WHOEVER VIOLATES DIVISION (A) OF THIS SECTION  107          

IS GUILTY OF PREPARATION OF MARIHUANA FOR SALE.  THE PENALTY FOR   108          

THE OFFENSE SHALL BE DETERMINED AS FOLLOWS:                        109          

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(3)(b)     112          

AND (c) OF THIS SECTION, PREPARATION OF MARIHUANA FOR SALE IS A    113          

FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13    115          

OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A     118          

PRISON TERM ON THE OFFENDER.                                                    

      (b)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(2)(c) OF   121          

THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A    122          

SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF MARIHUANA  123          

FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF     125          

SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING         127          

WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER.                 128          

      (c)  IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS TWO HUNDRED  131          

GRAMS, PREPARING MARIHUANA FOR SALE IS A FELONY OF THE FOURTH      132          

DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE    135          

APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE      136          

OFFENDER.  IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS THAT AMOUNT  137          

AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR    138          

IN THE VICINITY OF A JUVENILE, PREPARING MARIHUANA FOR SALE IS A   139          

FELONY OF THE THIRD DEGREE, AND DIVISION (C) OF SECTION 2929.13    141          

OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A     143          

PRISON TERM UPON THE OFFENDER.                                                  

      (4)  IF THE DRUG INVOLVED IN THE VIOLATION IS COCAINE OR A   145          

COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING COCAINE,   146          

WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF         148          

PREPARATION OF COCAINE FOR SALE.  THE PENALTY FOR THE OFFENSE      149          

SHALL BE DETERMINED AS FOLLOWS:                                    150          

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(4)(b)     153          

AND (c) OF THIS SECTION, PREPARATION OF COCAINE FOR SALE IS A      154          

FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13    156          

                                                          4      

                                                                 
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A     159          

PRISON TERM ON THE OFFENDER.                                                    

      (b)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4)(c) OF   162          

THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A    163          

SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF COCAINE    164          

FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF     166          

SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING         168          

WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER.                 169          

      (c)  IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS FIVE GRAMS   172          

OF COCAINE THAT IS NOT CRACK COCAINE OR EXCEEDS ONE GRAM OF CRACK  173          

COCAINE, PREPARATION OF COCAINE FOR SALE IS A FELONY OF THE        174          

FOURTH DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR    175          

THE OFFENSE.  IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE OF    176          

THOSE AMOUNTS AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF  177          

A SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF COCAINE  178          

FOR SALE IS A FELONY OF THE THIRD DEGREE, AND THERE IS A           179          

PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE.                     180          

      (5)  IF THE DRUG INVOLVED IN THE VIOLATION IS L.S.D. OR A    184          

COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING L.S.D.,    185          

WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF         187          

PREPARATION OF L.S.D. FOR SALE.  THE PENALTY FOR THE OFFENSE       189          

SHALL BE DETERMINED AS FOLLOWS:                                                 

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(5)(b)     192          

AND (c), PREPARATION OF L.S.D. FOR SALE IS A FELONY OF THE FIFTH   195          

DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE    198          

APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE      199          

OFFENDER.                                                                       

      (b)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(5)(c) OF   202          

THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A    203          

SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF L.S.D.     205          

FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (D) OF     207          

SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING         209          

WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER.                 210          

      (c)  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE   213          

                                                          5      

                                                                 
AMOUNT OF THE DRUG INVOLVED EXCEEDS TEN UNIT DOSES OF L.S.D. IN A  215          

SOLID FORM OR EXCEEDS ONE GRAM OF L.S.D. IN A LIQUID CONCENTRATE,  217          

LIQUID EXTRACT, OR LIQUID DISTILLATE FORM, PREPARATION OF L.S.D.   219          

FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS A          220          

PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE.  IF THE AMOUNT OF   221          

THE DRUG INVOLVED EXCEEDS ONE OF THOSE AMOUNTS AND IF THE OFFENSE  223          

WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A  224          

JUVENILE, PREPARATION OF L.S.D. FOR SALE IS A FELONY OF THE THIRD  226          

DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE       227          

OFFENSE.                                                                        

      (6)  IF THE DRUG INVOLVED IN THE VIOLATION IS HEROIN OR A    229          

COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING HEROIN,    230          

WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF         232          

PREPARATION OF HEROIN FOR SALE.  THE PENALTY FOR THE OFFENSE       233          

SHALL BE DETERMINED AS FOLLOWS:                                    234          

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(6)(b) AND  237          

(c) OF THIS SECTION, PREPARATION OF HEROIN FOR SALE IS A FELONY    238          

OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE    241          

REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON     243          

TERM ON THE OFFENDER.                                                           

      (b)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(6)(c) OF   246          

THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A    247          

SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF HEROIN     248          

FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF     250          

SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING         252          

WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER.                 253          

      (c)  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE   256          

AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE GRAM, PREPARATION OF       257          

HEROIN FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS A   258          

PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE.  IF THE AMOUNT OF   259          

THE DRUG INVOLVED EXCEEDS THAT AMOUNT AND IF THE OFFENSE WAS       260          

COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A      261          

JUVENILE, PREPARATION OF HEROIN FOR SALE IS A FELONY OF THE THIRD  262          

DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE       263          

                                                          6      

                                                                 
OFFENSE.                                                                        

      (7)  IF THE DRUG INVOLVED IN THE VIOLATION IS HASHISH OR A   265          

COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING HASHISH,   266          

WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF         268          

PREPARATION OF HASISH FOR SALE.  THE PENALTY FOR THE OFFENSE       269          

SHALL BE DETERMINED AS FOLLOWS:                                                 

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(7)(b) AND  272          

(c) OF THIS SECTION, PREPARATION OF HASHISH FOR SALE IS A FELONY   273          

OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE    276          

REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON     278          

TERM ON THE OFFENDER.                                                           

      (b)  IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A       281          

SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF HASHISH    282          

FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF     283          

SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING         285          

WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER.                 286          

      (c)  IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS TEN GRAMS    289          

OF HASHISH IN A SOLID FORM OR EXCEEDS TWO GRAMS OF HASHISH IN A    290          

LIQUID CONCENTRATE, LIQUID EXTRACT, OR LIQUID DISTILLATE FORM,     291          

PREPARATION OF HASHISH FOR SALE IS A FELONY OF THE FOURTH DEGREE,  292          

AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES    294          

IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER.    295          

IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE OF THOSE AMOUNTS    296          

AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR    297          

IN THE VICINITY OF A JUVENILE, PREPARATION OF HASHISH FOR SALE IS  298          

A FELONY OF THE THIRD DEGREE, AND DIVISION (C) OF SECTION 2929.13  299          

OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A     302          

PRISON TERM UPON THE OFFENDER.                                                  

      (D)  IN ADDITION TO ANY PRISON TERM OR OTHER SANCTION        305          

AUTHORIZED OR REQUIRED BY DIVISION (C) OF THIS SECTION AND         306          

SECTIONS 2929.13 AND 2929.14 OF THE REVISED CODE, AND IN ADDITION  309          

TO ANY OTHER SANCTION IMPOSED FOR THE OFFENSE UNDER THIS SECTION   310          

OR SECTIONS 2929.11 TO 2929.18 OF THE REVISED CODE, THE COURT      313          

THAT SENTENCES AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY    314          

                                                          7      

                                                                 
TO A VIOLATION OF DIVISION (A) OF THIS SECTION SHALL DO ALL OF     316          

THE FOLLOWING THAT ARE APPLICABLE REGARDING THE OFFENDER:          317          

      (1)  IF THE VIOLATION IS A FELONY OF THE THIRD DEGREE, THE   319          

COURT SHALL IMPOSE UPON THE OFFENDER THE MANDATORY FINE SPECIFIED  321          

FOR THE OFFENSE UNDER DIVISION (B)(1) OF SECTION 2929.18 OF THE    323          

REVISED CODE UNLESS, AS SPECIFIED IN THAT DIVISION, THE COURT      325          

DETERMINES THAT THE OFFENDER IS INDIGENT.  THE CLERK OF THE COURT  326          

SHALL PAY A MANDATORY FINE IMPOSED UNDER DIVISION (D)(1) OF THIS   328          

SECTION IN THE MANNER SPECIFIED FOR THE PAYMENT OF A MANDATORY     329          

FINE IN DIVISION (F) OF SECTION 2925.03 OF THE REVISED CODE.  IF   332          

A PERSON IS CHARGED WITH A VIOLATION OF THIS SECTION THAT IS A     333          

FELONY OF THE THIRD DEGREE, POSTS BAIL, AND FORFEITS THE BAIL,     334          

THE CLERK OF THE COURT SHALL PAY THE FORFEITED BAIL, PURSUANT TO   335          

DIVISION (F) OF SECTION 2925.03 OF THE REVISED CODE, AS IF THE     338          

FORFEITED BAIL WAS A FINE IMPOSED FOR A VIOLATION OF THIS          339          

SECTION.                                                                        

      (2)  THE COURT SHALL SUSPEND THE DRIVER'S OR COMMERCIAL      341          

DRIVER'S LICENSE OR PERMIT OF THE OFFENDER IN ACCORDANCE WITH      342          

DIVISION (G) OF SECTION 2925.03 OF THE REVISED CODE.               345          

      (3)  IF THE OFFENDER IS A PROFESSIONALLY LICENSED PERSON OR  347          

A PERSON WHO HAS BEEN ADMITTED TO THE BAR BY ORDER OF THE SUPREME  349          

COURT IN COMPLIANCE WITH ITS PRESCRIBED AND PUBLISHED RULES, THE   350          

COURT FORTHWITH SHALL COMPLY WITH SECTION 2925.38 OF THE REVISED   351          

CODE.                                                              352          

      (E)  THE COURT THAT SENTENCES AN OFFENDER FOR A VIOLATION    355          

OF DIVISION (A) OF THIS SECTION MAY IMPOSE UPON THE OFFENDER AN    356          

ADDITIONAL FINE SPECIFIED FOR THE OFFENSE IN DIVISION (B)(4) OF    358          

SECTION 2929.18 OF THE REVISED CODE.  A FINE IMPOSED UNDER         360          

DIVISION (E) OF THIS SECTION SHALL BE USED SOLELY FOR THE SUPPORT  362          

OF ONE OR MORE ELIGIBLE ALCOHOL AND DRUG ADDICTION PROGRAMS AS     363          

SPECIFIED IN DIVISIONS (H)(2) AND (3) OF SECTION 2925.03 OF THE    365          

REVISED CODE.  THE COURT SHALL IMPOSE THE FINE IN THE MANNER       367          

SPECIFIED IN DIVISION (H)(2) OF THAT SECTION, AND THE CLERK OF     369          

THE COURT SHALL PAY THE FINE IN THE MANNER SPECIFIED IN DIVISION   370          

                                                          8      

                                                                 
(H)(3) OF THAT SECTION.                                            371          

      (F)  WHEN A PERSON IS CHARGED WITH A VIOLATION OF THIS       374          

SECTION THAT INVOLVES A BULK AMOUNT OR A MULTIPLE OF A BULK        376          

AMOUNT OF A CONTROLLED SUBSTANCE, DIVISION (E) OF SECTION 2925.03  377          

OF THE REVISED CODE APPLIES REGARDING THE DETERMINATION OF THE     380          

AMOUNT OF THE CONTROLLED SUBSTANCE INVOLVED AT THE TIME OF THE     381          

OFFENSE.                                                                        

      Sec. 2929.13.  (A)  Except as provided in division (E),      396          

(F), or (G) of this section and unless a specific sanction is      397          

required to be imposed or is precluded from being imposed          398          

pursuant to law, a court that imposes a sentence upon an offender  399          

for a felony may impose any sanction or combination of sanctions   400          

on the offender that are provided in sections 2929.14 to 2929.18   401          

of the Revised Code.  The sentence shall not impose an             402          

unnecessary burden on state or local government resources.         403          

      If the offender is eligible to be sentenced to community     405          

control sanctions, the court shall consider the appropriateness    407          

of imposing a financial sanction pursuant to section 2929.18 of    408          

the Revised Code or a sanction of community service pursuant to    410          

section 2929.17 of the Revised Code as the sole sanction for the   411          

offense.  Except as otherwise provided in this division, if the    412          

court is required to impose a mandatory prison term for the        413          

offense for which sentence is being imposed, the court also may    414          

impose a financial sanction pursuant to section 2929.18 of the     415          

Revised Code but may not impose any additional sanction or         416          

combination of sanctions under section 2929.16 or 2929.17 of the   417          

Revised Code.                                                      418          

      If the offender is being sentenced for a fourth degree       420          

felony OMVI offense, in addition to the mandatory term of local    421          

incarceration or the mandatory prison term required for the        423          

offense by division (G)(1) or (2) of this section, the court       425          

shall impose upon the offender a mandatory fine in accordance                   

with division (B)(3) of section 2929.18 of the Revised Code and    428          

may impose whichever of the following is applicable:                            

                                                          9      

                                                                 
      (1)  If division (G)(1) of this section requires that the    430          

offender be sentenced to a mandatory term of local incarceration,  431          

an additional community control sanction or combination of         433          

community control sanctions under section 2929.16 or 2929.17 of    434          

the Revised Code;                                                  435          

      (2)  If division (G)(2) of this section requires that the    437          

offender be sentenced to a mandatory prison term, an additional    438          

prison term as described in division (D)(4) of section 2929.14 of  439          

the Revised Code.                                                               

      (B)(1)  Except as provided in division (B)(2), (E), (F), or  442          

(G) of this section, in sentencing an offender for a felony of     443          

the fourth or fifth degree, the sentencing court shall determine                

whether any of the following apply:                                445          

      (a)  In committing the offense, the offender caused          447          

physical harm to a person.                                         448          

      (b)  In committing the offense, the offender attempted to    451          

cause or made an actual threat of physical harm to a person with   452          

a deadly weapon.                                                                

      (c)  In committing the offense, the offender attempted to    455          

cause or made an actual threat of physical harm to a person, and   456          

the offender previously was convicted of an offense that caused    457          

physical harm to a person.                                                      

      (d)  The offender held a public office or position of trust  460          

and the offense related to that office or position; the                         

offender's position obliged the offender to prevent the offense    461          

or to bring those committing it to justice; or the offender's      462          

professional reputation or position facilitated the offense or     463          

was likely to influence the future conduct of others.              464          

      (e)  The offender committed the offense for hire or as part  466          

of an organized criminal activity.                                 467          

      (f)  The offense is a sex offense that is a fourth or fifth  470          

degree felony violation of section 2907.03, 2907.04, 2907.05,      471          

2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the  472          

Revised Code.                                                                   

                                                          10     

                                                                 
      (g)  The offender previously served a prison term.           474          

      (h)  The offender previously was subject to a community      476          

control sanction, and the offender committed another offense       478          

while under the sanction.                                                       

      (2)(a)  If the court makes a finding described in division   481          

(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section   482          

and if the court, after considering the factors set forth in       483          

section 2929.12 of the Revised Code, finds that a prison term is   485          

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code and finds that the    487          

offender is not amenable to an available community control         488          

sanction, the court shall impose a prison term upon the offender.  489          

      (b)  Except as provided in division (E), (F), or (G) of      491          

this section, if the court does not make a finding described in    493          

division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this   494          

section and if the court, after considering the factors set forth  495          

in section 2929.12 of the Revised Code, finds that a community     497          

control sanction or combination of community control sanctions is  499          

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code, the court shall      502          

impose a community control sanction or combination of community    503          

control sanctions upon the offender.                               504          

      (C)  Except as provided in division (E) or (F) of this       507          

section, in determining whether to impose a prison term as a       508          

sanction for a felony of the third degree or a felony drug         509          

offense that is a violation of a provision of Chapter 2925. of     511          

the Revised Code and that is specified as being subject to this    514          

division for purposes of sentencing, the sentencing court shall    515          

comply with the purposes and principles of sentencing under        516          

section 2929.11 of the Revised Code and with section 2929.12 of    519          

the Revised Code.                                                               

      (D)  Except as provided in division (E) or (F) of this       522          

section, for a felony of the first or second degree and for a      523          

felony drug offense that is a violation of any provision of        524          

                                                          11     

                                                                 
Chapter 2925., 3719., or 4729. of the Revised Code for which a     525          

presumption in favor of a prison term is specified as being        526          

applicable, it is presumed that a prison term is necessary in      527          

order to comply with the purposes and principles of sentencing     528          

under section 2929.11 of the Revised Code.  Notwithstanding the    529          

presumption established under this division, the sentencing court  530          

may impose a community control sanction or a combination of        531          

community control sanctions instead of a prison term on an         532          

offender for a felony of the first or second degree or for a       533          

felony drug offense that is a violation of any provision of        534          

Chapter 2925., 3719., or 4729. of the Revised Code for which a                  

presumption in favor of a prison term is specified as being        535          

applicable if it makes both of the following findings:             537          

      (1)  A community control sanction or a combination of        539          

community control sanctions would adequately punish the offender   541          

and protect the public from future crime, because the applicable   542          

factors under section 2929.12 of the Revised Code indicating a     544          

lesser likelihood of recidivism outweigh the applicable factors    546          

under that section indicating a greater likelihood of recidivism.  548          

      (2)  A community control sanction or a combination of        550          

community control sanctions would not demean the seriousness of    552          

the offense, because one or more factors under section 2929.12 of  553          

the Revised Code that indicate that the offender's conduct was     554          

less serious than conduct normally constituting the offense are    555          

applicable, and they outweigh the applicable factors under that    556          

section that indicate that the offender's conduct was more         557          

serious than conduct normally constituting the offense.            558          

      (E)(1)  Except as provided in division (F) of this section,  561          

for any drug offense that is a violation of any provision of       562          

Chapter 2925. of the Revised Code and that is a felony of the      563          

third, fourth, or fifth degree, the applicability of a             564          

presumption under division (D) of this section in favor of a       565          

prison term or of division (B) or (C) of this section in           566          

determining whether to impose a prison term for the offense shall  568          

                                                          12     

                                                                 
be determined as specified in section 2925.02, 2925.03, 2925.04,   569          

2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23,     570          

2925.36, or 2925.37 of the Revised Code, whichever is applicable   573          

regarding the violation.                                                        

      (2)  If an offender who was convicted of or pleaded guilty   575          

to a felony drug offense in violation of a provision of Chapter    576          

2925., 3719., or 4729. of the Revised Code violates the            577          

conditions of a community control sanction imposed for the         578          

offense solely by possession or using a controlled substance and   579          

if the offender has not failed to meet the conditions of any drug  580          

treatment program in which the offender was ordered to                          

participate as a sanction for the offense, the court, as           581          

punishment for the violation of the sanction, shall order that     582          

the offender participate in a drug treatment program or in         583          

alcoholics anonymous, narcotics anonymous, or a similar program    584          

if the court determines that an order of that nature is                         

consistent with the purposes and principles of sentencing set      585          

forth in section 2929.11 of the Revised Code.  If the court        586          

determines that an order of that nature would not be consistent    587          

with those purposes and principles or if the offender violated     588          

the conditions of a drug treatment program in which the offender   589          

participated as a sanction for the offense, the court may impose                

on the offender a sanction authorized for the violation of the     590          

sanction, including a prison term.                                 591          

      (F)  Notwithstanding divisions (A) to (E) of this section,   594          

the court shall impose a prison term or terms under sections       595          

2929.02 to 2929.06, section 2929.14, or section 2971.03 of the     596          

Revised Code and except as specifically provided in section        597          

2929.20 of the Revised Code or when parole is authorized for the   598          

offense under section 2967.13 of the Revised Code, shall not       599          

reduce the terms pursuant to section 2929.20, section 2967.193,    600          

or any other provision of Chapter 2967. or Chapter 5120. of the    602          

Revised Code for any of the following offenses:                    603          

      (1)  Aggravated murder when death is not imposed or murder;  605          

                                                          13     

                                                                 
      (2)  Rape or an attempt to commit rape by force when the     607          

victim is under thirteen years of age;                             608          

      (3)  Gross sexual imposition or sexual battery, if the       610          

victim is under thirteen years of age, if the offender previously  612          

was convicted of or pleaded guilty to rape, felonious sexual       613          

penetration, gross sexual imposition, or sexual battery, and if    615          

the victim of the previous offense was under thirteen years of                  

age;                                                                            

      (4)  A felony violation of section 2903.06, 2903.07, or      618          

2903.08 of the Revised Code if the section requires the                         

imposition of a prison term;                                       619          

      (5)  A first, second, or third degree felony drug offense    622          

for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,                  

2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or  623          

4729.99 of the Revised Code, whichever is applicable regarding     625          

the violation, requires the imposition of a mandatory prison       626          

term;                                                                           

      (6)  Any offense that is a first or second degree felony     628          

and that is not set forth in division (F)(1), (2), (3), or (4) of  630          

this section, if the offender previously was convicted of or                    

pleaded guilty to aggravated murder, murder, any first or second   632          

degree felony, or an offense under an existing or former law of    633          

this state, another state, or the United States that is or was     634          

substantially equivalent to one of those offenses;                              

      (7)  Any offense, other than a violation of section 2923.12  636          

of the Revised Code, that is a felony, if the offender had a       637          

firearm on or about the offender's person or under the offender's  638          

control while committing the felony, with respect to a portion of  639          

the sentence imposed pursuant to division (D)(1)(a) of section     641          

2929.14 of the Revised Code for having the firearm;                             

      (8)  Corrupt activity in violation of section 2923.32 of     643          

the Revised Code when the most serious offense in the pattern of   645          

corrupt activity that is the basis of the offense is a felony of   646          

the first degree;                                                               

                                                          14     

                                                                 
      (9)  Any sexually violent offense for which the offender     648          

also is convicted of or pleads guilty to a sexually violent        649          

predator specification that was included in the indictment, count  650          

in the indictment, or information charging the sexually violent    651          

offense.                                                                        

      (G)  Notwithstanding divisions (A) to (E) of this section,   654          

if an offender is being sentenced for a fourth degree felony OMVI  655          

offense, the court shall impose upon the offender a mandatory                   

term of local incarceration or a mandatory prison term in          656          

accordance with the following:                                     657          

      (1)  Except as provided in division (G)(2) of this section,  659          

the court shall impose upon the offender a mandatory term of       660          

local incarceration of sixty days as specified in division (A)(4)  661          

of section 4511.99 of the Revised Code and shall not reduce the    662          

term pursuant to section 2929.20, 2967.193, or any other           663          

provision of the Revised Code.  The court that imposes a           664          

mandatory term of local incarceration under this division shall    666          

specify whether the term is to be served in a jail, a              667          

community-based correctional facility, a halfway house, or an      668          

alternative residential facility, and the offender shall serve     669          

the term in the type of facility specified by the court.  The      670          

court shall not sentence the offender to a prison term and shall   671          

not specify that the offender is to serve the mandatory term of                 

local incarceration in prison.  A mandatory term of local          672          

incarceration imposed under division (G)(1) of this section is     673          

not subject to extension under section 2967.11 of the Revised      674          

Code, to a period of post-release control under section 2967.28    675          

of the Revised Code, or to any other Revised Code provision that   676          

pertains to a prison term.                                                      

      (2)  If the offender previously has been sentenced to a      678          

mandatory term of local incarceration pursuant to division (G)(1)  679          

of this section for a fourth degree felony OMVI offense, the       680          

court shall impose upon the offender a mandatory prison term of    681          

sixty days as specified in division (A)(4) of section 4511.99 of   682          

                                                          15     

                                                                 
the Revised Code and shall not reduce the term pursuant to         683          

section 2929.20, 2967.193, or any other provision of the Revised                

Code.  In no case shall an offender who once has been sentenced    684          

to a mandatory term of local incarceration pursuant to division    685          

(G)(1) of this section for a fourth degree felony OMVI offense be  686          

sentenced to another mandatory term of local incarceration under   687          

that division for a fourth degree felony OMVI offense.  The court  688          

shall not sentence the offender to a community control sanction    689          

under section 2929.16 or 2929.17 of the Revised Code.  The         690          

department of rehabilitation and correction may place an offender               

sentenced to a mandatory prison term under this division in an     691          

intensive program prison established pursuant to section 5120.033  692          

of the Revised Code if the department gave the sentencing judge    693          

prior notice of its intent to place the offender in an intensive   694          

program prison established under that section and if the judge     695          

did not notify the department that the judge disapproved the       696          

placement.                                                                      

      (G)(H)  If an offender is being sentenced for a sexually     699          

oriented offense committed on or after the effective date of this  700          

amendment, the judge shall require the offender to submit to a                  

DNA specimen collection procedure pursuant to section 2901.07 of   701          

the Revised Code if either of the following applies:               703          

      (1)  The offense was a sexually violent offense, and the     705          

offender also was convicted of or pleaded guilty to a sexually     706          

violent predator specification that was included in the            707          

indictment, count in the indictment, or information charging the   708          

sexually violent offense.                                                       

      (2)  The judge imposing sentence for the sexually oriented   710          

offense determines pursuant to division (B) of section 2950.09 of  711          

the Revised Code that the offender is a sexual predator.           712          

      (H)(I)  If an offender is being sentenced for a sexually     715          

oriented offense committed on or after the effective date of this  716          

amendment, the judge shall include in the sentence a summary of                 

the offender's duty to register pursuant to section 2950.04 of     717          

                                                          16     

                                                                 
the Revised Code, the offender's duty to provide notice of a       718          

change in residence address and register the new residence         719          

address pursuant to section 2950.05 of the Revised Code, the       720          

offender's duty to periodically verify the offender's current                   

residence address pursuant to section 2950.06 of the Revised       721          

Code, and the duration of the duties.  The judge shall inform the  722          

offender, at the time of sentencing, of those duties and of their  723          

duration and, if required under division (A)(2) of section         724          

2950.03 of the Revised Code, shall perform the duties specified    725          

in that section.                                                   726          

      Sec. 2929.18.  (A)  Except as otherwise provided in this     737          

division and in addition to imposing court costs pursuant to       738          

section 2947.23 of the Revised Code, the court imposing a          739          

sentence upon an offender for a felony may sentence the offender   740          

to any financial sanction or combination of financial sanctions    742          

authorized under this section or, in the circumstances specified                

in section 2929.25 of the Revised Code, may impose upon the        743          

offender a fine in accordance with that section.  If the offender  744          

is sentenced to a sanction of confinement pursuant to section      745          

2929.14 or 2929.16 of the Revised Code that is to be served in a   746          

facility operated by a board of county commissioners, a            747          

legislative authority of a municipal corporation, or another       748          

governmental entity, the court imposing sentence upon an offender  749          

for a felony shall comply with division (A)(4)(b) of this section  750          

in determining whether to sentence the offender to a financial     751          

sanction described in division (A)(4)(a) of this section.          752          

Financial sanctions that may be imposed pursuant to this section   753          

include, but are not limited to, the following:                    754          

      (1)  Restitution by the offender to the victim of the        756          

offender's crime or any survivor of the victim, in an amount       757          

based on the victim's economic loss.  The court shall order that   758          

the restitution be made to the adult probation department that     759          

serves the county on behalf of the victim, to the clerk of         760          

courts, or to another agency designated by the court, except that  761          

                                                          17     

                                                                 
it may include a requirement that reimbursement be made to third   762          

parties for amounts paid to or on behalf of the victim or any      763          

survivor of the victim for economic loss resulting from the        764          

offense.  If reimbursement to third parties is required, the       765          

reimbursement shall be made to any governmental agency to repay    766          

any amounts paid by the agency to or on behalf of the victim or    767          

any survivor of the victim for economic loss resulting from the    768          

offense before any reimbursement is made to any person other than  769          

a governmental agency.  If no governmental agency incurred         770          

expenses for economic loss of the victim or any survivor of the    771          

victim resulting from the offense, the reimbursement shall be      772          

made to any person other than a governmental agency to repay       773          

amounts paid by that person to or on behalf of the victim or any   774          

survivor of the victim for economic loss of the victim resulting   776          

from the offense.  The court shall not require an offender to      777          

repay an insurance company for any amounts the company paid on     778          

behalf of the offender pursuant to a policy of insurance.  At      779          

sentencing, the court shall determine the amount of restitution    781          

to be made by the offender.  All restitution payments shall be     782          

credited against any recovery of economic loss in a civil action   783          

brought by the victim or any survivor of the victim against the    784          

offender.                                                                       

      (2)  Except as provided in division (B)(1), (3), or (4) of   786          

this section, a fine payable by the offender to the state, to a    787          

political subdivision, or as described in division (B)(2) of this  789          

section to one or more law enforcement agencies, with the amount   790          

of the fine based on a standard percentage of the offender's       791          

daily income over a period of time determined by the court and     792          

based upon the seriousness of the offense.  A fine ordered under   793          

this division shall not exceed the statutory fine amount           794          

authorized for the level of the offense under division (A)(3) of   795          

this section.                                                                   

      (3)  Except as provided in division (B)(1), (3), or (4) of   797          

this section, a fine payable by the offender to the state, to a    798          

                                                          18     

                                                                 
political subdivision when appropriate for a felony, or as         799          

described in division (B)(2) of this section to one or more law    801          

enforcement agencies, in the following amount:                                  

      (a)  For a felony of the first degree, not more than twenty  804          

thousand dollars;                                                               

      (b)  For a felony of the second degree, not more than        807          

fifteen thousand dollars;                                                       

      (c)  For a felony of the third degree, not more than ten     810          

thousand dollars;                                                               

      (d)  For a felony of the fourth degree, not more than five   813          

thousand dollars;                                                               

      (e)  For a felony of the fifth degree, not more than two     816          

thousand five hundred dollars.                                                  

      (4)(a)  Subject to division (A)(4)(b) of this section,       819          

reimbursement by the offender of any or all of the costs of        821          

sanctions incurred by the government, including the following:     822          

      (i)  All or part of the costs of implementing any community  825          

control sanction;                                                               

      (ii)  All or part of the costs of confinement under a        828          

sanction imposed pursuant to section 2929.14 or 2929.16 of the     829          

Revised Code, provided that the amount of reimbursement ordered    830          

under this division shall not exceed ten thousand dollars or the   831          

total amount of reimbursement the offender is able to pay as       832          

determined at a hearing, whichever amount is greater;              833          

      (b)  If the offender is sentenced to a sanction of           835          

confinement pursuant to section 2929.14 or 2929.16 of the Revised  836          

Code that is to be served in a facility operated by a board of     838          

county commissioners, a legislative authority of a municipal       839          

corporation, or another local governmental entity, one of the                   

following applies:                                                 840          

      (i)  If, pursuant to section 307.93, 341.14, 341.19,         842          

341.23, 753.02, 753.04, 753.16, or 2301.56, or 2947.19 of the      843          

Revised Code, the board, legislative authority, or other local     844          

governmental entity requires prisoners convicted of an offense     845          

                                                          19     

                                                                 
other than a minor misdemeanor to reimburse the county, municipal  846          

corporation, or other entity for its expenses incurred by reason   847          

of the prisoner's confinement, the court shall impose a financial               

sanction under division (A)(4)(a) of this section that requires    848          

the offender to reimburse the county, municipal corporation, or    849          

other local governmental entity for the cost of the confinement.   850          

In addition, the court may impose any other financial sanction     851          

under this section.                                                             

      (ii)  If, pursuant to any section identified in division     853          

(A)(4)(b)(i) of this section, the board, legislative authority,    855          

or other local governmental entity has adopted a resolution or     857          

ordinance specifying that prisoners convicted of felonies are not  858          

required to reimburse the county, municipal corporation, or other               

local governmental entity for its expenses incurred by reason of   860          

the prisoner's confinement, the court shall not impose a           861          

financial sanction under division (A)(4)(a) of this section that   862          

requires the offender to reimburse the county, municipal                        

corporation, or other local governmental entity for the cost of    863          

the confinement, but the court may impose any other financial      865          

sanction under this section.                                                    

      (iii)  If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii)    867          

of this section applies, the court may impose, but is not          868          

required to impose, any financial sanction under this section.     869          

      (c)  Reimbursement by the offender for costs pursuant to     872          

section 2929.28 of the Revised Code.                                            

      (B)(1)  For a first, second, or third degree felony          875          

violation of any provision of Chapter 2925., 3719., or 4729. of    876          

the Revised Code, the sentencing court shall impose upon the       877          

offender a mandatory fine of at least one-half of, but not more    878          

than, the maximum statutory fine amount authorized for the level   879          

of the offense pursuant to division (A)(3) of this section.  If    880          

an offender alleges in an affidavit filed with the court prior to  882          

sentencing that the offender is indigent and unable to pay the                  

mandatory fine and if the court determines the offender is an      883          

                                                          20     

                                                                 
indigent person and is unable to pay the mandatory fine described  884          

in this division, the court shall not impose the mandatory fine    885          

upon the offender.                                                              

      (2)  Any mandatory fine imposed upon an offender under       887          

division (B)(1) of this section and any fine imposed upon an       889          

offender under division (A)(2) or (3) of this section for any      890          

fourth or fifth degree felony violation of any provision of        891          

Chapter 2925., 3719., or 4729. of the Revised Code shall be paid   892          

to law enforcement agencies pursuant to division (F) of section    893          

2925.03 of the Revised Code.                                       894          

      (3)  For a fourth degree felony OMVI offense, the            898          

sentencing court shall impose upon the offender a mandatory fine                

in the amount specified in division (A)(4) of section 4511.99 of   900          

the Revised Code.  The mandatory fine so imposed shall be          901          

disbursed as provided in division (A)(4) of section 4511.99 of     903          

the Revised Code.                                                  904          

      (4)  Notwithstanding any fine otherwise authorized or        907          

required to be imposed under division (A)(2) or (3) or (B)(1) of   908          

this section or section 2929.31 of the Revised Code for a          909          

violation of section 2925.03 OR 2925.07 of the Revised Code, in    911          

addition to any penalty or sanction imposed for that offense       912          

under section 2925.03 OR 2925.07 or sections 2929.11 to 2929.18    913          

of the Revised Code and in addition to the forfeiture of property  915          

in connection with the offense as prescribed in sections 2925.42   916          

to 2925.45 of the Revised Code, the court that sentences an        918          

offender for a violation of section 2925.03 OR 2925.07 of the      919          

Revised Code may impose upon the offender a fine in addition to    921          

any fine imposed under division (A)(2) or (3) of this section and  923          

in addition to any mandatory fine imposed under division (B)(1)    924          

of this section.  The fine imposed under division (B)(4) of this   925          

section shall be used as provided in division (H) of section       926          

2925.03 of the Revised Code.  A fine imposed under division        927          

(B)(4) of this section shall not exceed whichever of the           928          

following is applicable:                                                        

                                                          21     

                                                                 
      (a)  The total value of any personal or real property in     931          

which the offender has an interest and that was used in the        932          

course of, intended for use in the course of, derived from, or     933          

realized through conduct in violation of section 2925.03 OR        934          

2925.07 of the Revised Code, including any property that           936          

constitutes proceeds derived from that offense;                                 

      (b)  If the offender has no interest in any property of the  939          

type described in division (B)(4)(a) of this section or if it is   940          

not possible to ascertain whether the offender has an interest in  942          

any property of that type in which the offender may have an        943          

interest, the amount of the mandatory fine for the offense         944          

imposed under division (B)(1) of this section or, if no mandatory  945          

fine is imposed under division (B)(1) of this section, the amount  946          

of the fine authorized for the level of the offense imposed under  948          

division (A)(3) of this section.                                                

      (5)  Prior to imposing a fine under division (B)(4) of this  951          

section, the court shall determine whether the offender has an     952          

interest in any property of the type described in division         953          

(B)(4)(a) of this section.  Except as provided in division (B)(6)  955          

or (7) of this section, a fine that is authorized and imposed      956          

under division (B)(4) of this section does not limit or affect     958          

the imposition of the penalties and sanctions for a violation of   959          

section 2925.03 OR 2925.07 OF THE REVISED CODE prescribed under                 

that section THOSE SECTIONS or sections 2929.11 to 2929.18 of the  961          

Revised Code and does not limit or affect a forfeiture of          963          

property in connection with the offense as prescribed in sections  964          

2925.42 to 2925.45 of the Revised Code.                            965          

      (6)  If the sum total of a mandatory fine amount imposed     967          

for a first, second, or third degree felony violation of section   968          

2925.03 OR A THIRD DEGREE FELONY VIOLATION OF SECTION 2925.07 of   970          

the Revised Code under division (B)(1) of this section plus the    971          

amount of any fine imposed under division (B)(4) of this section   973          

does not exceed the maximum statutory fine amount authorized for   974          

the level of the offense under division (A)(3) of this section or  975          

                                                          22     

                                                                 
section 2929.31 of the Revised Code, the court may impose a fine   977          

for the offense in addition to the mandatory fine and the fine     978          

imposed under division (B)(4) of this section.  The sum total of   979          

the amounts of the mandatory fine, the fine imposed under          980          

division (B)(4) of this section, and the additional fine imposed   981          

under division (B)(6) of this section shall not exceed the         983          

maximum statutory fine amount authorized for the level of the      984          

offense under division (A)(3) of this section or section 2929.31   985          

of the Revised Code.  The clerk of the court shall pay any fine    986          

that is imposed under division (B)(6) of this section to the       987          

county, township, municipal corporation, park district as created  989          

pursuant to section 511.18 or 1545.04 of the Revised Code, or      990          

state law enforcement agencies in this state that primarily were   991          

responsible for or involved in making the arrest of, and in        992          

prosecuting, the offender pursuant to division (F) of section      993          

2925.03 of the Revised Code.                                       994          

      (7)  If the sum total of the amount of a mandatory fine      996          

imposed for a first, second, or third degree felony violation of   997          

section 2925.03 OR A THIRD DEGREE FELONY VIOLATION OF SECTION      998          

2925.07 of the Revised Code plus the amount of any fine imposed    1,000        

under division (B)(4) of this section exceeds the maximum          1,001        

statutory fine amount authorized for the level of the offense      1,002        

under division (A)(3) of this section or section 2929.31 of the    1,003        

Revised Code, the court shall not impose a fine under division     1,004        

(B)(6) of this section.                                                         

      (C)(1)  The offender shall pay reimbursements imposed upon   1,007        

the offender pursuant to division (A)(4)(a) of this section to     1,009        

pay the costs incurred by the department of rehabilitation and                  

correction in operating a prison or other facility used to         1,011        

confine offenders pursuant to sanctions imposed under section      1,012        

2929.14 or 2929.16 of the Revised Code to the treasurer of state.  1,013        

The treasurer of state shall deposit the reimbursements in the     1,014        

confinement cost reimbursement fund that is hereby created in the  1,015        

state treasury.  The department of rehabilitation and correction   1,016        

                                                          23     

                                                                 
shall use the amounts deposited in the fund to fund the operation  1,017        

of facilities used to confine offenders pursuant to sections       1,018        

2929.14 and 2929.16 of the Revised Code.                           1,019        

      (2)  Except as provided in section 2951.021 of the Revised   1,021        

Code, the offender shall pay reimbursements imposed upon the       1,022        

offender pursuant to division (A)(4)(a) of this section to pay     1,024        

the costs incurred by a county pursuant to any sanction imposed    1,025        

under this section or section 2929.16 or 2929.17 of the Revised    1,026        

Code or in operating a facility used to confine offenders          1,027        

pursuant to a sanction imposed under section 2929.16 of the        1,028        

Revised Code to the county treasurer.  The county treasurer shall  1,029        

deposit the reimbursements in the sanction cost reimbursement      1,030        

fund that each board of county commissioners shall create in its   1,031        

county treasury.  The county shall use the amounts deposited in    1,032        

the fund to pay the costs incurred by the county pursuant to any   1,033        

sanction imposed under this section or section 2929.16 or 2929.17  1,034        

of the Revised Code or in operating a facility used to confine     1,036        

offenders pursuant to a sanction imposed under section 2929.16 of  1,037        

the Revised Code.                                                               

      (3)  Except as provided in section 2951.021 of the Revised   1,039        

Code, the offender shall pay reimbursements imposed upon the       1,040        

offender pursuant to division (A)(4)(a) of this section to pay     1,042        

the costs incurred by a municipal corporation pursuant to any      1,043        

sanction imposed under this section or section 2929.16 or 2929.17  1,044        

of the Revised Code or in operating a facility used to confine     1,045        

offenders pursuant to a sanction imposed under section 2929.16 of  1,046        

the Revised Code to the treasurer of the municipal corporation.    1,048        

The treasurer shall deposit the reimbursements in a special fund   1,049        

that shall be established in the treasury of each municipal        1,050        

corporation.  The municipal corporation shall use the amounts      1,051        

deposited in the fund to pay the costs incurred by the municipal   1,052        

corporation pursuant to any sanction imposed under this section    1,053        

or section 2929.16 or 2929.17 of the Revised Code or in operating  1,054        

a facility used to confine offenders pursuant to a sanction        1,055        

                                                          24     

                                                                 
imposed under section 2929.16 of the Revised Code.                 1,056        

      (4)  Except as provided in section 2951.021 of the Revised   1,058        

Code, the offender shall pay reimbursements imposed pursuant to    1,059        

division (A)(4)(a) of this section for the costs incurred by a     1,060        

private provider pursuant to a sanction imposed under this         1,061        

section or section 2929.16 or 2929.17 of the Revised Code to the   1,062        

provider.                                                                       

      (D)  A financial sanction imposed pursuant to division (A)   1,064        

or (B) of this section is a judgment in favor of the state or a    1,065        

political subdivision in which the court that imposed the          1,066        

financial sanction is located, and the offender subject to the     1,067        

sanction is the judgment debtor, except that a financial sanction  1,068        

of reimbursement imposed pursuant to division (A)(4)(a)(ii) of     1,070        

this section upon an offender who is incarcerated in a state       1,071        

facility or a municipal jail is a judgment in favor of the state   1,072        

or the municipal corporation, a financial sanction of              1,073        

reimbursement imposed upon an offender pursuant to this section    1,074        

for costs incurred by a private provider of sanctions is a         1,075        

judgment in favor of the private provider, and a financial         1,076        

sanction of restitution imposed pursuant to this section is a      1,077        

judgment in favor of the victim of the offender's criminal act.    1,078        

Once the financial sanction is imposed as a judgment, the victim,  1,079        

private provider, state, or political subdivision may bring an     1,080        

action to do any of the following:                                              

      (1)  Obtain execution of the judgment through any available  1,083        

procedure, including:                                                           

      (a)  An execution against the property of the judgment       1,086        

debtor under Chapter 2329. of the Revised Code;                    1,087        

      (b)  An execution against the person of the judgment debtor  1,090        

under Chapter 2331. of the Revised Code;                           1,091        

      (c)  A proceeding in aid of execution under Chapter 2333.    1,094        

of the Revised Code, including:                                    1,095        

      (i)  A proceeding for the examination of the judgment        1,098        

debtor under sections 2333.09 to 2333.12 and sections 2333.15 to   1,099        

                                                          25     

                                                                 
2333.27 of the Revised Code;                                                    

      (ii)  A proceeding for attachment of the person of the       1,102        

judgment debtor under section 2333.28 of the Revised Code;         1,103        

      (iii)  A creditor's suit under section 2333.01 of the        1,106        

Revised Code.                                                                   

      (d)  The attachment of the property of the judgment debtor   1,109        

under Chapter 2715. of the Revised Code;                           1,110        

      (e)  The garnishment of the property of the judgment debtor  1,113        

under Chapter 2716. of the Revised Code.                                        

      (2)  Obtain an order for the assignment of wages of the      1,115        

judgment debtor under section 1321.33 of the Revised Code.         1,117        

      (E)  A court that imposes a financial sanction upon an       1,119        

offender may hold a hearing if necessary to determine whether the  1,120        

offender is able to pay the sanction or is likely in the future    1,121        

to be able to pay it.                                                           

      (F)  Each court imposing a financial sanction upon an        1,124        

offender under this section or under section 2929.25 of the                     

Revised Code may designate a court employee to collect, or may     1,126        

enter into contracts with one or more public agencies or private   1,127        

vendors for the collection of, amounts due under the financial     1,128        

sanction imposed pursuant to this section or section 2929.25 of    1,129        

the Revised Code.  Before entering into a contract for the         1,130        

collection of amounts due from an offender pursuant to any         1,131        

financial sanction imposed pursuant to this section or section     1,132        

2929.25 of the Revised Code, a court shall comply with sections    1,133        

307.86 to 307.92 of the Revised Code.                              1,134        

      (G)  If a court that imposes a financial sanction under      1,137        

division (A) or (B) of this section finds that an offender         1,138        

satisfactorily has completed all other sanctions imposed upon the  1,139        

offender and that all restitution that has been ordered has been   1,140        

paid as ordered, the court may suspend any financial sanctions     1,141        

imposed pursuant to this section or section 2929.25 of the         1,142        

Revised Code that have not been paid.                              1,143        

      (H)  No financial sanction imposed under this section or     1,146        

                                                          26     

                                                                 
section 2929.25 of the Revised Code shall preclude a victim from                

bringing a civil action against the offender.                      1,147        

      Section 2.  That existing sections 2929.13 and 2929.18 of    1,149        

the Revised Code are hereby repealed.                              1,150        

      Section 3.  Section 2929.13 of the Revised Code is           1,152        

presented in this act as a composite of the section as amended by  1,153        

Am. Sub. H.B. 180, Am. Sub. H.B. 445, Am. Sub. S.B. 166, and Am.   1,154        

Sub. S.B. 269 of the 121st General Assembly, with the new          1,155        

language of none of the acts shown in capital letters.  Section    1,156        

2929.18 of the Revised Code is presented in this act as a          1,159        

composite of the section as amended by Sub. H.B. 480, Am. Sub.     1,160        

S.B. 166 and Am. Sub. S.B. 269 of the 121st General Assembly,      1,161        

with the new language of none of the acts shown in capital         1,162        

letters.  This is in recognition of the principle stated in        1,163        

division (B) of section 1.52 of the Revised Code that such         1,164        

amendments are to be harmonized where not substantively            1,165        

irreconcilable and constitutes a legislative finding that such is  1,166        

the resulting version in effect prior to the effective date of     1,167        

this act.