As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 122 5
1997-1998 6
REPRESENTATIVES MYERS-TIBERI-BATEMAN-REID-PADGETT-HAINES-BRADING- 8
CATES-CORBIN-PRINGLE-MASON-GRENDELL-MOTTLEY-ROMAN-OGG- 9
HOUSEHOLDER-LEWIS-CLANCY-OLMAN-O'BRIEN-HARRIS-VERICH- 10
JONES-KREBS-DAMSCHRODER-COLONNA-MOTTL 11
13
A B I L L
To amend sections 2929.13 and 2929.18 and to enact 15
section 2925.07 of the Revised Code to prohibit 16
the preparation of drugs for sale. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 2929.13 and 2929.18 be amended 20
and section 2925.07 of the Revised Code be enacted to read as 21
follows:
Sec. 2925.07. (A) NO PERSON SHALL KNOWINGLY PREPARE FOR 24
SHIPMENT, SHIP, TRANSPORT, DELIVER, PREPARE FOR DISTRIBUTION, OR 25
DISTRIBUTE A CONTROLLED SUBSTANCE WHEN THE PERSON INTENDS TO SELL 26
OR RESELL THE CONTROLLED SUBSTANCE OR WHEN THE PERSON KNOWS OR 27
HAS REASONABLE CAUSE TO BELIEVE THAT ANOTHER PERSON INTENDS TO 28
SELL OR RESELL THE CONTROLLED SUBSTANCE. 29
(B) THIS SECTION DOES NOT APPLY TO ANY PERSON LISTED IN 32
DIVISION (B) OF SECTION 2925.03 OF THE REVISED CODE TO THE EXTENT 34
AND UNDER THE CIRCUMSTANCES DESCRIBED IN THAT DIVISION. 35
(C) WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS 38
GUILTY OF ONE OF THE FOLLOWING: 39
(1) IF THE DRUG INVOLVED IN THE VIOLATION IS ANY COMPOUND, 41
MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE I OR 43
SCHEDULE II, WITH THE EXCEPTION OF MARIHUANA, COCAINE, L.S.D., 46
HEROIN, AND HASHISH, WHOEVER VIOLATES DIVISION (A) OF THIS 48
SECTION IS GUILTY OF AGGRAVATED PREPARATION OF DRUGS FOR SALE. 49
2
THE PENALTY FOR THE OFFENSE SHALL BE DETERMINED AS FOLLOWS: 50
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(1)(b) OF 53
THIS SECTION, AGGRAVATED PREPARATION OF DRUGS FOR SALE IS A 54
FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 56
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 58
PRISON TERM ON THE OFFENDER.
(b) IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 61
SCHOOL OR IN THE VICINITY OF A JUVENILE, AGGRAVATED PREPARATION 62
OF DRUGS FOR SALE IS A FELONY OF THE THIRD DEGREE, AND DIVISION 63
(C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 65
WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 66
(2) IF THE DRUG INVOLVED IN THE VIOLATION IS ANY COMPOUND, 68
MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE III, 70
SCHEDULE IV, OR SCHEDULE V, WHOEVER VIOLATES DIVISION (A) OF THIS 73
SECTION IS GUILTY OF PREPARATION OF DRUGS FOR SALE. THE PENALTY 74
FOR THE OFFENSE SHALL BE DETERMINED AS FOLLOWS: 75
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(2)(b) 78
AND (c) OF THIS SECTION, PREPARATION OF DRUGS FOR SALE IS A 80
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 81
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 84
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(2)(c) OF 87
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 88
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF DRUGS FOR 89
SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 91
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 93
WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 94
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 97
AMOUNT OF THE DRUG INVOLVED EXCEEDS THE BULK AMOUNT, PREPARATION 98
OF DRUGS FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS 99
A PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. IF THE AMOUNT 100
OF THE DRUG INVOLVED EXCEEDS THE BULK AMOUNT AND IF THE OFFENSE 101
WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 102
JUVENILE, PREPARATION OF DRUGS FOR SALE IS A FELONY OF THE THIRD 103
3
DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE 104
OFFENSE.
(3) IF THE DRUG INVOLVED IN THE VIOLATION IS MARIHUANA OR A 107
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING MARIHUANA 108
OTHER THAN HASHISH, WHOEVER VIOLATES DIVISION (A) OF THIS SECTION 109
IS GUILTY OF PREPARATION OF MARIHUANA FOR SALE. THE PENALTY FOR 110
THE OFFENSE SHALL BE DETERMINED AS FOLLOWS: 111
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(3)(b) 114
AND (c) OF THIS SECTION, PREPARATION OF MARIHUANA FOR SALE IS A 115
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 117
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 120
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(2)(c) OF 123
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 124
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF MARIHUANA 125
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 127
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 129
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 130
(c) IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS TWO HUNDRED 133
GRAMS, PREPARING MARIHUANA FOR SALE IS A FELONY OF THE FOURTH 134
DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE 137
APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE 138
OFFENDER. IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS THAT AMOUNT 139
AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR 140
IN THE VICINITY OF A JUVENILE, PREPARING MARIHUANA FOR SALE IS A 141
FELONY OF THE THIRD DEGREE, AND DIVISION (C) OF SECTION 2929.13 143
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 145
PRISON TERM UPON THE OFFENDER.
(4) IF THE DRUG INVOLVED IN THE VIOLATION IS COCAINE OR A 147
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING COCAINE, 148
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 150
PREPARATION OF COCAINE FOR SALE. THE PENALTY FOR THE OFFENSE 151
SHALL BE DETERMINED AS FOLLOWS: 152
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(4)(b) 155
4
AND (c) OF THIS SECTION, PREPARATION OF COCAINE FOR SALE IS A 156
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 158
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 161
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4)(c) OF 164
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 165
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF COCAINE 166
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 168
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 170
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 171
(c) IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS FIVE GRAMS 174
OF COCAINE THAT IS NOT CRACK COCAINE OR EXCEEDS ONE GRAM OF CRACK 175
COCAINE, PREPARATION OF COCAINE FOR SALE IS A FELONY OF THE 176
FOURTH DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR 177
THE OFFENSE. IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE OF 178
THOSE AMOUNTS AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF 179
A SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF COCAINE 180
FOR SALE IS A FELONY OF THE THIRD DEGREE, AND THERE IS A 181
PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. 182
(5) IF THE DRUG INVOLVED IN THE VIOLATION IS L.S.D. OR A 186
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING L.S.D., 187
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 189
PREPARATION OF L.S.D. FOR SALE. THE PENALTY FOR THE OFFENSE 191
SHALL BE DETERMINED AS FOLLOWS:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(5)(b) 194
AND (c) OF THIS SECTION, PREPARATION OF L.S.D. FOR SALE IS A 197
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 198
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 201
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(5)(c) OF 204
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 205
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF L.S.D. 207
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 209
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 211
5
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 212
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 215
AMOUNT OF THE DRUG INVOLVED EXCEEDS TEN UNIT DOSES OF L.S.D. IN A 217
SOLID FORM OR EXCEEDS ONE GRAM OF L.S.D. IN A LIQUID CONCENTRATE, 219
LIQUID EXTRACT, OR LIQUID DISTILLATE FORM, PREPARATION OF L.S.D. 221
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS A 222
PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. IF THE AMOUNT OF 223
THE DRUG INVOLVED EXCEEDS ONE OF THOSE AMOUNTS AND IF THE OFFENSE 225
WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 226
JUVENILE, PREPARATION OF L.S.D. FOR SALE IS A FELONY OF THE THIRD 228
DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE 229
OFFENSE.
(6) IF THE DRUG INVOLVED IN THE VIOLATION IS HEROIN OR A 231
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING HEROIN, 232
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 234
PREPARATION OF HEROIN FOR SALE. THE PENALTY FOR THE OFFENSE 235
SHALL BE DETERMINED AS FOLLOWS: 236
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(6)(b) AND 239
(c) OF THIS SECTION, PREPARATION OF HEROIN FOR SALE IS A FELONY 240
OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE 243
REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON 245
TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(6)(c) OF 248
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 249
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF HEROIN 250
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 252
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 254
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 255
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 258
AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE GRAM, PREPARATION OF 259
HEROIN FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS A 260
PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. IF THE AMOUNT OF 261
THE DRUG INVOLVED EXCEEDS THAT AMOUNT AND IF THE OFFENSE WAS 262
COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 263
6
JUVENILE, PREPARATION OF HEROIN FOR SALE IS A FELONY OF THE THIRD 264
DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE 265
OFFENSE.
(7) IF THE DRUG INVOLVED IN THE VIOLATION IS HASHISH OR A 267
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING HASHISH, 268
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 270
PREPARATION OF HASISH FOR SALE. THE PENALTY FOR THE OFFENSE 271
SHALL BE DETERMINED AS FOLLOWS:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(7)(b) AND 274
(c) OF THIS SECTION, PREPARATION OF HASHISH FOR SALE IS A FELONY 275
OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE 278
REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON 280
TERM ON THE OFFENDER.
(b) IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 283
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF HASHISH 284
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 285
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 287
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 288
(c) IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS TEN GRAMS 291
OF HASHISH IN A SOLID FORM OR EXCEEDS TWO GRAMS OF HASHISH IN A 292
LIQUID CONCENTRATE, LIQUID EXTRACT, OR LIQUID DISTILLATE FORM, 293
PREPARATION OF HASHISH FOR SALE IS A FELONY OF THE FOURTH DEGREE, 294
AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES 296
IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 297
IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE OF THOSE AMOUNTS 298
AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR 299
IN THE VICINITY OF A JUVENILE, PREPARATION OF HASHISH FOR SALE IS 300
A FELONY OF THE THIRD DEGREE, AND DIVISION (C) OF SECTION 2929.13 301
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 304
PRISON TERM UPON THE OFFENDER.
(D) IN ADDITION TO ANY PRISON TERM OR OTHER SANCTION 307
AUTHORIZED OR REQUIRED BY DIVISION (C) OF THIS SECTION AND 308
SECTIONS 2929.13 AND 2929.14 OF THE REVISED CODE, AND IN ADDITION 311
TO ANY OTHER SANCTION IMPOSED FOR THE OFFENSE UNDER THIS SECTION 312
7
OR SECTIONS 2929.11 TO 2929.18 OF THE REVISED CODE, THE COURT 315
THAT SENTENCES AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 316
TO A VIOLATION OF DIVISION (A) OF THIS SECTION SHALL DO ALL OF 318
THE FOLLOWING THAT ARE APPLICABLE REGARDING THE OFFENDER: 319
(1) IF THE VIOLATION IS A FELONY OF THE THIRD DEGREE, THE 321
COURT SHALL IMPOSE UPON THE OFFENDER THE MANDATORY FINE SPECIFIED 323
FOR THE OFFENSE UNDER DIVISION (B)(1) OF SECTION 2929.18 OF THE 325
REVISED CODE UNLESS, AS SPECIFIED IN THAT DIVISION, THE COURT 327
DETERMINES THAT THE OFFENDER IS INDIGENT. THE CLERK OF THE COURT 328
SHALL PAY A MANDATORY FINE IMPOSED UNDER DIVISION (D)(1) OF THIS 330
SECTION IN THE MANNER SPECIFIED FOR THE PAYMENT OF A MANDATORY 331
FINE IN DIVISION (F) OF SECTION 2925.03 OF THE REVISED CODE. IF 334
A PERSON IS CHARGED WITH A VIOLATION OF THIS SECTION THAT IS A 335
FELONY OF THE THIRD DEGREE, POSTS BAIL, AND FORFEITS THE BAIL, 336
THE CLERK OF THE COURT SHALL PAY THE FORFEITED BAIL, PURSUANT TO 337
DIVISION (F) OF SECTION 2925.03 OF THE REVISED CODE, AS IF THE 340
FORFEITED BAIL WAS A FINE IMPOSED FOR A VIOLATION OF THIS 341
SECTION.
(2) THE COURT SHALL SUSPEND THE DRIVER'S OR COMMERCIAL 343
DRIVER'S LICENSE OR PERMIT OF THE OFFENDER IN ACCORDANCE WITH 344
DIVISION (G) OF SECTION 2925.03 OF THE REVISED CODE. 347
(3) IF THE OFFENDER IS A PROFESSIONALLY LICENSED PERSON OR 349
A PERSON WHO HAS BEEN ADMITTED TO THE BAR BY ORDER OF THE SUPREME 351
COURT IN COMPLIANCE WITH ITS PRESCRIBED AND PUBLISHED RULES, THE 352
COURT FORTHWITH SHALL COMPLY WITH SECTION 2925.38 OF THE REVISED 353
CODE. 354
(E) THE COURT THAT SENTENCES AN OFFENDER FOR A VIOLATION 357
OF DIVISION (A) OF THIS SECTION MAY IMPOSE UPON THE OFFENDER AN 358
ADDITIONAL FINE SPECIFIED FOR THE OFFENSE IN DIVISION (B)(4) OF 360
SECTION 2929.18 OF THE REVISED CODE. A FINE IMPOSED UNDER 362
DIVISION (E) OF THIS SECTION SHALL BE USED SOLELY FOR THE SUPPORT 364
OF ONE OR MORE ELIGIBLE ALCOHOL AND DRUG ADDICTION PROGRAMS AS 365
SPECIFIED IN DIVISIONS (H)(2) AND (3) OF SECTION 2925.03 OF THE 367
REVISED CODE. THE COURT SHALL IMPOSE THE FINE IN THE MANNER 369
8
SPECIFIED IN DIVISION (H)(2) OF THAT SECTION, AND THE CLERK OF 371
THE COURT SHALL PAY THE FINE IN THE MANNER SPECIFIED IN DIVISION 372
(H)(3) OF THAT SECTION. 373
(F) WHEN A PERSON IS CHARGED WITH A VIOLATION OF THIS 376
SECTION THAT INVOLVES A BULK AMOUNT OR A MULTIPLE OF A BULK 378
AMOUNT OF A CONTROLLED SUBSTANCE, DIVISION (E) OF SECTION 2925.03 379
OF THE REVISED CODE APPLIES REGARDING THE DETERMINATION OF THE 382
AMOUNT OF THE CONTROLLED SUBSTANCE INVOLVED AT THE TIME OF THE 383
OFFENSE.
Sec. 2929.13. (A) Except as provided in division (E), 398
(F), or (G) of this section and unless a specific sanction is 399
required to be imposed or is precluded from being imposed 400
pursuant to law, a court that imposes a sentence upon an offender 401
for a felony may impose any sanction or combination of sanctions 402
on the offender that are provided in sections 2929.14 to 2929.18 403
of the Revised Code. The sentence shall not impose an 404
unnecessary burden on state or local government resources. 405
If the offender is eligible to be sentenced to community 407
control sanctions, the court shall consider the appropriateness 409
of imposing a financial sanction pursuant to section 2929.18 of 410
the Revised Code or a sanction of community service pursuant to 412
section 2929.17 of the Revised Code as the sole sanction for the 413
offense. Except as otherwise provided in this division, if the 414
court is required to impose a mandatory prison term for the 415
offense for which sentence is being imposed, the court also may 416
impose a financial sanction pursuant to section 2929.18 of the 417
Revised Code but may not impose any additional sanction or 418
combination of sanctions under section 2929.16 or 2929.17 of the 419
Revised Code. 420
If the offender is being sentenced for a fourth degree 422
felony OMVI offense, in addition to the mandatory term of local 423
incarceration or the mandatory prison term required for the 425
offense by division (G)(1) or (2) of this section, the court 427
shall impose upon the offender a mandatory fine in accordance
9
with division (B)(3) of section 2929.18 of the Revised Code and 430
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 432
offender be sentenced to a mandatory term of local incarceration, 433
an additional community control sanction or combination of 435
community control sanctions under section 2929.16 or 2929.17 of 436
the Revised Code; 437
(2) If division (G)(2) of this section requires that the 439
offender be sentenced to a mandatory prison term, an additional 440
prison term as described in division (D)(4) of section 2929.14 of 441
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 444
(G) of this section, in sentencing an offender for a felony of 445
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 447
(a) In committing the offense, the offender caused 449
physical harm to a person. 450
(b) In committing the offense, the offender attempted to 453
cause or made an actual threat of physical harm to a person with 454
a deadly weapon.
(c) In committing the offense, the offender attempted to 457
cause or made an actual threat of physical harm to a person, and 458
the offender previously was convicted of an offense that caused 459
physical harm to a person.
(d) The offender held a public office or position of trust 462
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 463
or to bring those committing it to justice; or the offender's 464
professional reputation or position facilitated the offense or 465
was likely to influence the future conduct of others. 466
(e) The offender committed the offense for hire or as part 468
of an organized criminal activity. 469
(f) The offense is a sex offense that is a fourth or fifth 472
degree felony violation of section 2907.03, 2907.04, 2907.05, 473
10
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 474
Revised Code.
(g) The offender previously served a prison term. 476
(h) The offender previously was subject to a community 478
control sanction, and the offender committed another offense 480
while under the sanction.
(2)(a) If the court makes a finding described in division 483
(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section 484
and if the court, after considering the factors set forth in 485
section 2929.12 of the Revised Code, finds that a prison term is 487
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 489
offender is not amenable to an available community control 490
sanction, the court shall impose a prison term upon the offender. 491
(b) Except as provided in division (E), (F), or (G) of 493
this section, if the court does not make a finding described in 495
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 496
section and if the court, after considering the factors set forth 497
in section 2929.12 of the Revised Code, finds that a community 499
control sanction or combination of community control sanctions is 501
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 504
impose a community control sanction or combination of community 505
control sanctions upon the offender. 506
(C) Except as provided in division (E) or (F) of this 509
section, in determining whether to impose a prison term as a 510
sanction for a felony of the third degree or a felony drug 511
offense that is a violation of a provision of Chapter 2925. of 513
the Revised Code and that is specified as being subject to this 516
division for purposes of sentencing, the sentencing court shall 517
comply with the purposes and principles of sentencing under 518
section 2929.11 of the Revised Code and with section 2929.12 of 521
the Revised Code.
(D) Except as provided in division (E) or (F) of this 524
11
section, for a felony of the first or second degree and for a 525
felony drug offense that is a violation of any provision of 526
Chapter 2925., 3719., or 4729. of the Revised Code for which a 527
presumption in favor of a prison term is specified as being 528
applicable, it is presumed that a prison term is necessary in 529
order to comply with the purposes and principles of sentencing 530
under section 2929.11 of the Revised Code. Notwithstanding the 531
presumption established under this division, the sentencing court 532
may impose a community control sanction or a combination of 533
community control sanctions instead of a prison term on an 534
offender for a felony of the first or second degree or for a 535
felony drug offense that is a violation of any provision of 536
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 537
applicable if it makes both of the following findings: 539
(1) A community control sanction or a combination of 541
community control sanctions would adequately punish the offender 543
and protect the public from future crime, because the applicable 544
factors under section 2929.12 of the Revised Code indicating a 546
lesser likelihood of recidivism outweigh the applicable factors 548
under that section indicating a greater likelihood of recidivism. 550
(2) A community control sanction or a combination of 552
community control sanctions would not demean the seriousness of 554
the offense, because one or more factors under section 2929.12 of 555
the Revised Code that indicate that the offender's conduct was 556
less serious than conduct normally constituting the offense are 557
applicable, and they outweigh the applicable factors under that 558
section that indicate that the offender's conduct was more 559
serious than conduct normally constituting the offense. 560
(E)(1) Except as provided in division (F) of this section, 563
for any drug offense that is a violation of any provision of 564
Chapter 2925. of the Revised Code and that is a felony of the 565
third, fourth, or fifth degree, the applicability of a 566
presumption under division (D) of this section in favor of a 567
12
prison term or of division (B) or (C) of this section in 568
determining whether to impose a prison term for the offense shall 570
be determined as specified in section 2925.02, 2925.03, 2925.04, 571
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 572
2925.36, or 2925.37 of the Revised Code, whichever is applicable 575
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 577
to a felony drug offense in violation of a provision of Chapter 578
2925., 3719., or 4729. of the Revised Code violates the 579
conditions of a community control sanction imposed for the 580
offense solely by possession POSSESSING or using a controlled 582
substance and if the offender has not failed to meet the
conditions of any drug treatment program in which the offender 583
was ordered to participate as a sanction for the offense, the 584
court, as punishment for the violation of the sanction, shall 585
order that the offender participate in a drug treatment program 586
or in alcoholics anonymous, narcotics anonymous, or a similar 587
program if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 588
forth in section 2929.11 of the Revised Code. If the court 589
determines that an order of that nature would not be consistent 590
with those purposes and principles or if the offender violated 591
the conditions of a drug treatment program in which the offender 592
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 593
sanction, including a prison term. 594
(F) Notwithstanding divisions (A) to (E) of this section, 597
the court shall impose a prison term or terms under sections 598
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 599
Revised Code and except as specifically provided in section 600
2929.20 of the Revised Code or when parole is authorized for the 601
offense under section 2967.13 of the Revised Code, shall not 602
reduce the terms pursuant to section 2929.20, section 2967.193, 603
or any other provision of Chapter 2967. or Chapter 5120. of the 605
13
Revised Code for any of the following offenses: 606
(1) Aggravated murder when death is not imposed or murder; 608
(2) Rape or an attempt to commit rape by force when the 610
victim is under thirteen years of age; 611
(3) Gross sexual imposition or sexual battery, if the 613
victim is under thirteen years of age, if the offender previously 615
was convicted of or pleaded guilty to rape, felonious sexual 616
penetration, gross sexual imposition, or sexual battery, and if 618
the victim of the previous offense was under thirteen years of
age;
(4) A felony violation of section 2903.06, 2903.07, or 621
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 622
(5) A first, second, or third degree felony drug offense 625
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 626
4729.99 of the Revised Code, whichever is applicable regarding 628
the violation, requires the imposition of a mandatory prison 629
term;
(6) Any offense that is a first or second degree felony 631
and that is not set forth in division (F)(1), (2), (3), or (4) of 633
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 635
degree felony, or an offense under an existing or former law of 636
this state, another state, or the United States that is or was 637
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 639
of the Revised Code, that is a felony, if the offender had a 640
firearm on or about the offender's person or under the offender's 641
control while committing the felony, with respect to a portion of 642
the sentence imposed pursuant to division (D)(1)(a) of section 644
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 646
the Revised Code when the most serious offense in the pattern of 648
14
corrupt activity that is the basis of the offense is a felony of 649
the first degree;
(9) Any sexually violent offense for which the offender 651
also is convicted of or pleads guilty to a sexually violent 652
predator specification that was included in the indictment, count 653
in the indictment, or information charging the sexually violent 654
offense.
(G) Notwithstanding divisions (A) to (E) of this section, 657
if an offender is being sentenced for a fourth degree felony OMVI 658
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 659
accordance with the following: 660
(1) Except as provided in division (G)(2) of this section, 662
the court shall impose upon the offender a mandatory term of 663
local incarceration of sixty days as specified in division (A)(4) 664
of section 4511.99 of the Revised Code and shall not reduce the 665
term pursuant to section 2929.20, 2967.193, or any other 666
provision of the Revised Code. The court that imposes a 667
mandatory term of local incarceration under this division shall 669
specify whether the term is to be served in a jail, a 670
community-based correctional facility, a halfway house, or an 671
alternative residential facility, and the offender shall serve 672
the term in the type of facility specified by the court. The 673
court shall not sentence the offender to a prison term and shall 674
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 675
incarceration imposed under division (G)(1) of this section is 676
not subject to extension under section 2967.11 of the Revised 677
Code, to a period of post-release control under section 2967.28 678
of the Revised Code, or to any other Revised Code provision that 679
pertains to a prison term.
(2) If the offender previously has been sentenced to a 681
mandatory term of local incarceration pursuant to division (G)(1) 682
of this section for a fourth degree felony OMVI offense, the 683
15
court shall impose upon the offender a mandatory prison term of 684
sixty days as specified in division (A)(4) of section 4511.99 of 685
the Revised Code and shall not reduce the term pursuant to 686
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 687
to a mandatory term of local incarceration pursuant to division 688
(G)(1) of this section for a fourth degree felony OMVI offense be 689
sentenced to another mandatory term of local incarceration under 690
that division for a fourth degree felony OMVI offense. The court 691
shall not sentence the offender to a community control sanction 692
under section 2929.16 or 2929.17 of the Revised Code. The 693
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 694
intensive program prison established pursuant to section 5120.033 695
of the Revised Code if the department gave the sentencing judge 696
prior notice of its intent to place the offender in an intensive 697
program prison established under that section and if the judge 698
did not notify the department that the judge disapproved the 699
placement.
(G)(H) If an offender is being sentenced for a sexually 702
oriented offense committed on or after the effective date of this 703
amendment JANUARY 1, 1997, the judge shall require the offender 704
to submit to a DNA specimen collection procedure pursuant to 705
section 2901.07 of the Revised Code if either of the following 707
applies:
(1) The offense was a sexually violent offense, and the 709
offender also was convicted of or pleaded guilty to a sexually 710
violent predator specification that was included in the 711
indictment, count in the indictment, or information charging the 712
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 714
offense determines pursuant to division (B) of section 2950.09 of 715
the Revised Code that the offender is a sexual predator. 716
(H)(I) If an offender is being sentenced for a sexually 719
16
oriented offense committed on or after the effective date of this 720
amendment JANUARY 1, 1997, the judge shall include in the 721
sentence a summary of the offender's duty to register pursuant to 722
section 2950.04 of the Revised Code, the offender's duty to 723
provide notice of a change in residence address and register the 724
new residence address pursuant to section 2950.05 of the Revised
Code, the offender's duty to periodically verify the offender's 725
current residence address pursuant to section 2950.06 of the 726
Revised Code, and the duration of the duties. The judge shall 727
inform the offender, at the time of sentencing, of those duties 728
and of their duration and, if required under division (A)(2) of 729
section 2950.03 of the Revised Code, shall perform the duties 730
specified in that section. 731
Sec. 2929.18. (A) Except as otherwise provided in this 742
division and in addition to imposing court costs pursuant to 743
section 2947.23 of the Revised Code, the court imposing a 744
sentence upon an offender for a felony may sentence the offender 745
to any financial sanction or combination of financial sanctions 747
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 748
offender a fine in accordance with that section. If the offender 749
is sentenced to a sanction of confinement pursuant to section 750
2929.14 or 2929.16 of the Revised Code that is to be served in a 751
facility operated by a board of county commissioners, a 752
legislative authority of a municipal corporation, or another 753
governmental entity, the court imposing sentence upon an offender 754
for a felony shall comply with division (A)(4)(b) of this section 755
in determining whether to sentence the offender to a financial 756
sanction described in division (A)(4)(a) of this section. 757
Financial sanctions that may be imposed pursuant to this section 758
include, but are not limited to, the following: 759
(1) Restitution by the offender to the victim of the 761
offender's crime or any survivor of the victim, in an amount 762
based on the victim's economic loss. The court shall order that 763
17
the restitution be made to the adult probation department that 764
serves the county on behalf of the victim, to the clerk of 765
courts, or to another agency designated by the court, except that 766
it may include a requirement that reimbursement be made to third 767
parties for amounts paid to or on behalf of the victim or any 768
survivor of the victim for economic loss resulting from the 769
offense. If reimbursement to third parties is required, the 770
reimbursement shall be made to any governmental agency to repay 771
any amounts paid by the agency to or on behalf of the victim or 772
any survivor of the victim for economic loss resulting from the 773
offense before any reimbursement is made to any person other than 774
a governmental agency. If no governmental agency incurred 775
expenses for economic loss of the victim or any survivor of the 776
victim resulting from the offense, the reimbursement shall be 777
made to any person other than a governmental agency to repay 778
amounts paid by that person to or on behalf of the victim or any 779
survivor of the victim for economic loss of the victim resulting 781
from the offense. The court shall not require an offender to 782
repay an insurance company for any amounts the company paid on 783
behalf of the offender pursuant to a policy of insurance. At 784
sentencing, the court shall determine the amount of restitution 786
to be made by the offender. All restitution payments shall be 787
credited against any recovery of economic loss in a civil action 788
brought by the victim or any survivor of the victim against the 789
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 791
this section, a fine payable by the offender to the state, to a 792
political subdivision, or as described in division (B)(2) of this 794
section to one or more law enforcement agencies, with the amount 795
of the fine based on a standard percentage of the offender's 796
daily income over a period of time determined by the court and 797
based upon the seriousness of the offense. A fine ordered under 798
this division shall not exceed the statutory fine amount 799
authorized for the level of the offense under division (A)(3) of 800
18
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 802
this section, a fine payable by the offender to the state, to a 803
political subdivision when appropriate for a felony, or as 804
described in division (B)(2) of this section to one or more law 806
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 809
thousand dollars;
(b) For a felony of the second degree, not more than 812
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 815
thousand dollars;
(d) For a felony of the fourth degree, not more than five 818
thousand dollars;
(e) For a felony of the fifth degree, not more than two 821
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 824
reimbursement by the offender of any or all of the costs of 826
sanctions incurred by the government, including the following: 827
(i) All or part of the costs of implementing any community 830
control sanction;
(ii) All or part of the costs of confinement under a 833
sanction imposed pursuant to section 2929.14 or 2929.16 of the 834
Revised Code, provided that the amount of reimbursement ordered 835
under this division shall not exceed ten thousand dollars or the 836
total amount of reimbursement the offender is able to pay as 837
determined at a hearing, whichever amount is greater; 838
(b) If the offender is sentenced to a sanction of 840
confinement pursuant to section 2929.14 or 2929.16 of the Revised 841
Code that is to be served in a facility operated by a board of 843
county commissioners, a legislative authority of a municipal 844
corporation, or another local governmental entity, one of the
following applies: 845
(i) If, pursuant to section 307.93, 341.14, 341.19, 847
19
341.23, 753.02, 753.04, 753.16, or 2301.56, or 2947.19 of the 848
Revised Code, the board, legislative authority, or other local 849
governmental entity requires prisoners convicted of an offense 850
other than a minor misdemeanor to reimburse the county, municipal 851
corporation, or other entity for its expenses incurred by reason 852
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 853
the offender to reimburse the county, municipal corporation, or 854
other local governmental entity for the cost of the confinement. 855
In addition, the court may impose any other financial sanction 856
under this section.
(ii) If, pursuant to any section identified in division 858
(A)(4)(b)(i) of this section, the board, legislative authority, 860
or other local governmental entity has adopted a resolution or 862
ordinance specifying that prisoners convicted of felonies are not 863
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 865
the prisoner's confinement, the court shall not impose a 866
financial sanction under division (A)(4)(a) of this section that 867
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 868
the confinement, but the court may impose any other financial 870
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 872
of this section applies, the court may impose, but is not 873
required to impose, any financial sanction under this section. 874
(c) Reimbursement by the offender for costs pursuant to 877
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 880
violation of any provision of Chapter 2925., 3719., or 4729. of 881
the Revised Code, the sentencing court shall impose upon the 882
offender a mandatory fine of at least one-half of, but not more 883
than, the maximum statutory fine amount authorized for the level 884
of the offense pursuant to division (A)(3) of this section. If 885
20
an offender alleges in an affidavit filed with the court prior to 887
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 888
indigent person and is unable to pay the mandatory fine described 889
in this division, the court shall not impose the mandatory fine 890
upon the offender.
(2) Any mandatory fine imposed upon an offender under 892
division (B)(1) of this section and any fine imposed upon an 894
offender under division (A)(2) or (3) of this section for any 895
fourth or fifth degree felony violation of any provision of 896
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 897
to law enforcement agencies pursuant to division (F) of section 898
2925.03 of the Revised Code. 899
(3) For a fourth degree felony OMVI offense, the 903
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99 of 905
the Revised Code. The mandatory fine so imposed shall be 906
disbursed as provided in division (A)(4) of section 4511.99 of 908
the Revised Code. 909
(4) Notwithstanding any fine otherwise authorized or 912
required to be imposed under division (A)(2) or (3) or (B)(1) of 913
this section or section 2929.31 of the Revised Code for a 914
violation of section 2925.03 OR 2925.07 of the Revised Code, in 916
addition to any penalty or sanction imposed for that offense 917
under section 2925.03 OR 2925.07 or sections 2929.11 to 2929.18 918
of the Revised Code and in addition to the forfeiture of property 920
in connection with the offense as prescribed in sections 2925.42 921
to 2925.45 of the Revised Code, the court that sentences an 923
offender for a violation of section 2925.03 OR 2925.07 of the 924
Revised Code may impose upon the offender a fine in addition to 926
any fine imposed under division (A)(2) or (3) of this section and 928
in addition to any mandatory fine imposed under division (B)(1) 929
of this section. The fine imposed under division (B)(4) of this 930
section shall be used as provided in division (H) of section 931
21
2925.03 of the Revised Code. A fine imposed under division 932
(B)(4) of this section shall not exceed whichever of the 933
following is applicable:
(a) The total value of any personal or real property in 936
which the offender has an interest and that was used in the 937
course of, intended for use in the course of, derived from, or 938
realized through conduct in violation of section 2925.03 OR 939
2925.07 of the Revised Code, including any property that 941
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 944
type described in division (B)(4)(a) of this section or if it is 945
not possible to ascertain whether the offender has an interest in 947
any property of that type in which the offender may have an 948
interest, the amount of the mandatory fine for the offense 949
imposed under division (B)(1) of this section or, if no mandatory 950
fine is imposed under division (B)(1) of this section, the amount 951
of the fine authorized for the level of the offense imposed under 953
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 956
section, the court shall determine whether the offender has an 957
interest in any property of the type described in division 958
(B)(4)(a) of this section. Except as provided in division (B)(6) 960
or (7) of this section, a fine that is authorized and imposed 961
under division (B)(4) of this section does not limit or affect 963
the imposition of the penalties and sanctions for a violation of 964
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 966
Revised Code and does not limit or affect a forfeiture of 968
property in connection with the offense as prescribed in sections 969
2925.42 to 2925.45 of the Revised Code. 970
(6) If the sum total of a mandatory fine amount imposed 972
for a first, second, or third degree felony violation of section 973
2925.03 OR A THIRD DEGREE FELONY VIOLATION OF SECTION 2925.07 of 975
the Revised Code under division (B)(1) of this section plus the 976
22
amount of any fine imposed under division (B)(4) of this section 978
does not exceed the maximum statutory fine amount authorized for 979
the level of the offense under division (A)(3) of this section or 980
section 2929.31 of the Revised Code, the court may impose a fine 982
for the offense in addition to the mandatory fine and the fine 983
imposed under division (B)(4) of this section. The sum total of 984
the amounts of the mandatory fine, the fine imposed under 985
division (B)(4) of this section, and the additional fine imposed 986
under division (B)(6) of this section shall not exceed the 988
maximum statutory fine amount authorized for the level of the 989
offense under division (A)(3) of this section or section 2929.31 990
of the Revised Code. The clerk of the court shall pay any fine 991
that is imposed under division (B)(6) of this section to the 992
county, township, municipal corporation, park district as created 994
pursuant to section 511.18 or 1545.04 of the Revised Code, or 995
state law enforcement agencies in this state that primarily were 996
responsible for or involved in making the arrest of, and in 997
prosecuting, the offender pursuant to division (F) of section 998
2925.03 of the Revised Code. 999
(7) If the sum total of the amount of a mandatory fine 1,001
imposed for a first, second, or third degree felony violation of 1,002
section 2925.03 OR A THIRD DEGREE FELONY VIOLATION OF SECTION 1,003
2925.07 of the Revised Code plus the amount of any fine imposed 1,005
under division (B)(4) of this section exceeds the maximum 1,006
statutory fine amount authorized for the level of the offense 1,007
under division (A)(3) of this section or section 2929.31 of the 1,008
Revised Code, the court shall not impose a fine under division 1,009
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,012
the offender pursuant to division (A)(4)(a) of this section to 1,014
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,016
confine offenders pursuant to sanctions imposed under section 1,017
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,018
23
The treasurer of state shall deposit the reimbursements in the 1,019
confinement cost reimbursement fund that is hereby created in the 1,020
state treasury. The department of rehabilitation and correction 1,021
shall use the amounts deposited in the fund to fund the operation 1,022
of facilities used to confine offenders pursuant to sections 1,023
2929.14 and 2929.16 of the Revised Code. 1,024
(2) Except as provided in section 2951.021 of the Revised 1,026
Code, the offender shall pay reimbursements imposed upon the 1,027
offender pursuant to division (A)(4)(a) of this section to pay 1,029
the costs incurred by a county pursuant to any sanction imposed 1,030
under this section or section 2929.16 or 2929.17 of the Revised 1,031
Code or in operating a facility used to confine offenders 1,032
pursuant to a sanction imposed under section 2929.16 of the 1,033
Revised Code to the county treasurer. The county treasurer shall 1,034
deposit the reimbursements in the sanction cost reimbursement 1,035
fund that each board of county commissioners shall create in its 1,036
county treasury. The county shall use the amounts deposited in 1,037
the fund to pay the costs incurred by the county pursuant to any 1,038
sanction imposed under this section or section 2929.16 or 2929.17 1,039
of the Revised Code or in operating a facility used to confine 1,041
offenders pursuant to a sanction imposed under section 2929.16 of 1,042
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,044
Code, the offender shall pay reimbursements imposed upon the 1,045
offender pursuant to division (A)(4)(a) of this section to pay 1,047
the costs incurred by a municipal corporation pursuant to any 1,048
sanction imposed under this section or section 2929.16 or 2929.17 1,049
of the Revised Code or in operating a facility used to confine 1,050
offenders pursuant to a sanction imposed under section 2929.16 of 1,051
the Revised Code to the treasurer of the municipal corporation. 1,053
The treasurer shall deposit the reimbursements in a special fund 1,054
that shall be established in the treasury of each municipal 1,055
corporation. The municipal corporation shall use the amounts 1,056
deposited in the fund to pay the costs incurred by the municipal 1,057
24
corporation pursuant to any sanction imposed under this section 1,058
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,059
a facility used to confine offenders pursuant to a sanction 1,060
imposed under section 2929.16 of the Revised Code. 1,061
(4) Except as provided in section 2951.021 of the Revised 1,063
Code, the offender shall pay reimbursements imposed pursuant to 1,064
division (A)(4)(a) of this section for the costs incurred by a 1,065
private provider pursuant to a sanction imposed under this 1,066
section or section 2929.16 or 2929.17 of the Revised Code to the 1,067
provider.
(D) A financial sanction imposed pursuant to division (A) 1,069
or (B) of this section is a judgment in favor of the state or a 1,070
political subdivision in which the court that imposed the 1,071
financial sanction is located, and the offender subject to the 1,072
sanction is the judgment debtor, except that a financial sanction 1,073
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,075
this section upon an offender who is incarcerated in a state 1,076
facility or a municipal jail is a judgment in favor of the state 1,077
or the municipal corporation, a financial sanction of 1,078
reimbursement imposed upon an offender pursuant to this section 1,079
for costs incurred by a private provider of sanctions is a 1,080
judgment in favor of the private provider, and a financial 1,081
sanction of restitution imposed pursuant to this section is a 1,082
judgment in favor of the victim of the offender's criminal act. 1,083
Once the financial sanction is imposed as a judgment, the victim, 1,084
private provider, state, or political subdivision may bring an 1,085
action to do any of the following:
(1) Obtain execution of the judgment through any available 1,088
procedure, including:
(a) An execution against the property of the judgment 1,091
debtor under Chapter 2329. of the Revised Code; 1,092
(b) An execution against the person of the judgment debtor 1,095
under Chapter 2331. of the Revised Code; 1,096
(c) A proceeding in aid of execution under Chapter 2333. 1,099
25
of the Revised Code, including: 1,100
(i) A proceeding for the examination of the judgment 1,103
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,104
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,107
judgment debtor under section 2333.28 of the Revised Code; 1,108
(iii) A creditor's suit under section 2333.01 of the 1,111
Revised Code.
(d) The attachment of the property of the judgment debtor 1,114
under Chapter 2715. of the Revised Code; 1,115
(e) The garnishment of the property of the judgment debtor 1,118
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,120
judgment debtor under section 1321.33 of the Revised Code. 1,122
(E) A court that imposes a financial sanction upon an 1,124
offender may hold a hearing if necessary to determine whether the 1,125
offender is able to pay the sanction or is likely in the future 1,126
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,129
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,131
enter into contracts with one or more public agencies or private 1,132
vendors for the collection of, amounts due under the financial 1,133
sanction imposed pursuant to this section or section 2929.25 of 1,134
the Revised Code. Before entering into a contract for the 1,135
collection of amounts due from an offender pursuant to any 1,136
financial sanction imposed pursuant to this section or section 1,137
2929.25 of the Revised Code, a court shall comply with sections 1,138
307.86 to 307.92 of the Revised Code. 1,139
(G) If a court that imposes a financial sanction under 1,142
division (A) or (B) of this section finds that an offender 1,143
satisfactorily has completed all other sanctions imposed upon the 1,144
offender and that all restitution that has been ordered has been 1,145
paid as ordered, the court may suspend any financial sanctions 1,146
26
imposed pursuant to this section or section 2929.25 of the 1,147
Revised Code that have not been paid. 1,148
(H) No financial sanction imposed under this section or 1,151
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,152
Section 2. That existing sections 2929.13 and 2929.18 of 1,154
the Revised Code are hereby repealed. 1,155
Section 3. Section 2929.13 of the Revised Code is 1,157
presented in this act as a composite of the section as amended by 1,158
Am. Sub. H.B. 180, Am. Sub. H.B. 445, Am. Sub. S.B. 166, and Am. 1,159
Sub. S.B. 269 of the 121st General Assembly, with the new 1,160
language of none of the acts shown in capital letters. Section 1,161
2929.18 of the Revised Code is presented in this act as a 1,164
composite of the section as amended by Sub. H.B. 480, Am. Sub. 1,165
S.B. 166, and Am. Sub. S.B. 269 of the 121st General Assembly, 1,166
with the new language of none of the acts shown in capital 1,167
letters. This is in recognition of the principle stated in 1,168
division (B) of section 1.52 of the Revised Code that such 1,169
amendments are to be harmonized where not substantively 1,170
irreconcilable and constitutes a legislative finding that such is 1,171
the resulting version in effect prior to the effective date of 1,172
this act.