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.