As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 122 5
1997-1998 6
REPRESENTATIVES MYERS-TIBERI-BATEMAN-REID-PADGETT-HAINES-BRADING- 8
CATES-CORBIN-PRINGLE-MASON-GRENDELL-MOTTLEY-ROMAN-OGG- 9
HOUSEHOLDER-LEWIS-CLANCY-OLMAN-O'BRIEN-HARRIS-VERICH- 10
JONES-KREBS-DAMSCHRODER-COLONNA-MOTTL- 11
SENATORS BLESSING-HOTTINGER-CARNES 12
14
A B I L L
To amend sections 2925.32, 2929.13, and 2929.18 and 16
to enact section 2925.07 of the Revised Code to 18
prohibit the preparation of drugs for sale and to 19
delay, from July 1, 1998, to July 1, 1999, the
date on which persons who dispense or distribute 20
nitrous oxide will be required to record on a 21
separate card each transaction involving such a
dispensation or distribution. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 2925.32, 2929.13, and 2929.18 be 26
amended and section 2925.07 of the Revised Code be enacted to 28
read as follows:
Sec. 2925.07. (A) NO PERSON SHALL KNOWINGLY PREPARE FOR 31
SHIPMENT, SHIP, TRANSPORT, DELIVER, PREPARE FOR DISTRIBUTION, OR 32
DISTRIBUTE A CONTROLLED SUBSTANCE WHEN THE PERSON INTENDS TO SELL 33
OR RESELL THE CONTROLLED SUBSTANCE OR WHEN THE PERSON KNOWS OR 34
HAS REASONABLE CAUSE TO BELIEVE THAT ANOTHER PERSON INTENDS TO 35
SELL OR RESELL THE CONTROLLED SUBSTANCE. 36
(B) THIS SECTION DOES NOT APPLY TO ANY PERSON LISTED IN 39
DIVISION (B) OF SECTION 2925.03 OF THE REVISED CODE TO THE EXTENT 41
AND UNDER THE CIRCUMSTANCES DESCRIBED IN THAT DIVISION. 42
(C) WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS 45
2
GUILTY OF ONE OF THE FOLLOWING: 46
(1) IF THE DRUG INVOLVED IN THE VIOLATION IS ANY COMPOUND, 48
MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE I OR 50
SCHEDULE II, WITH THE EXCEPTION OF MARIHUANA, COCAINE, L.S.D., 53
HEROIN, AND HASHISH, WHOEVER VIOLATES DIVISION (A) OF THIS 55
SECTION IS GUILTY OF AGGRAVATED PREPARATION OF DRUGS FOR SALE. 56
THE PENALTY FOR THE OFFENSE SHALL BE DETERMINED AS FOLLOWS: 57
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(1)(b) OF 60
THIS SECTION, AGGRAVATED PREPARATION OF DRUGS FOR SALE IS A 61
FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 63
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 65
PRISON TERM ON THE OFFENDER.
(b) IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 68
SCHOOL OR IN THE VICINITY OF A JUVENILE, AGGRAVATED PREPARATION 69
OF DRUGS FOR SALE IS A FELONY OF THE THIRD DEGREE, AND DIVISION 70
(C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 72
WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 73
(2) IF THE DRUG INVOLVED IN THE VIOLATION IS ANY COMPOUND, 75
MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE III, 77
SCHEDULE IV, OR SCHEDULE V, WHOEVER VIOLATES DIVISION (A) OF THIS 80
SECTION IS GUILTY OF PREPARATION OF DRUGS FOR SALE. THE PENALTY 81
FOR THE OFFENSE SHALL BE DETERMINED AS FOLLOWS: 82
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(2)(b) 85
AND (c) OF THIS SECTION, PREPARATION OF DRUGS FOR SALE IS A 87
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 88
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 91
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(2)(c) OF 94
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 95
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF DRUGS FOR 96
SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 98
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 100
WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 101
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 104
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AMOUNT OF THE DRUG INVOLVED EXCEEDS THE BULK AMOUNT, PREPARATION 105
OF DRUGS FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS 106
A PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. IF THE AMOUNT 107
OF THE DRUG INVOLVED EXCEEDS THE BULK AMOUNT AND IF THE OFFENSE 108
WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 109
JUVENILE, PREPARATION OF DRUGS FOR SALE IS A FELONY OF THE THIRD 110
DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE 111
OFFENSE.
(3) IF THE DRUG INVOLVED IN THE VIOLATION IS MARIHUANA OR A 114
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING MARIHUANA 115
OTHER THAN HASHISH, WHOEVER VIOLATES DIVISION (A) OF THIS SECTION 116
IS GUILTY OF PREPARATION OF MARIHUANA FOR SALE. THE PENALTY FOR 117
THE OFFENSE SHALL BE DETERMINED AS FOLLOWS: 118
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(3)(b) 121
AND (c) OF THIS SECTION, PREPARATION OF MARIHUANA FOR SALE IS A 122
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 124
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 127
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(2)(c) OF 130
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 131
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF MARIHUANA 132
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 134
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 136
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 137
(c) IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS TWO HUNDRED 140
GRAMS, PREPARING MARIHUANA FOR SALE IS A FELONY OF THE FOURTH 141
DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE 144
APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE 145
OFFENDER. IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS THAT AMOUNT 146
AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR 147
IN THE VICINITY OF A JUVENILE, PREPARING MARIHUANA FOR SALE IS A 148
FELONY OF THE THIRD DEGREE, AND DIVISION (C) OF SECTION 2929.13 150
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 152
PRISON TERM UPON THE OFFENDER.
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(4) IF THE DRUG INVOLVED IN THE VIOLATION IS COCAINE OR A 154
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING COCAINE, 155
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 157
PREPARATION OF COCAINE FOR SALE. THE PENALTY FOR THE OFFENSE 158
SHALL BE DETERMINED AS FOLLOWS: 159
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(4)(b) 162
AND (c) OF THIS SECTION, PREPARATION OF COCAINE FOR SALE IS A 163
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 165
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 168
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4)(c) OF 171
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 172
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF COCAINE 173
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 175
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 177
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 178
(c) IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS FIVE GRAMS 181
OF COCAINE THAT IS NOT CRACK COCAINE OR EXCEEDS ONE GRAM OF CRACK 182
COCAINE, PREPARATION OF COCAINE FOR SALE IS A FELONY OF THE 183
FOURTH DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR 184
THE OFFENSE. IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE OF 185
THOSE AMOUNTS AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF 186
A SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF COCAINE 187
FOR SALE IS A FELONY OF THE THIRD DEGREE, AND THERE IS A 188
PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. 189
(5) IF THE DRUG INVOLVED IN THE VIOLATION IS L.S.D. OR A 193
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING L.S.D., 194
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 196
PREPARATION OF L.S.D. FOR SALE. THE PENALTY FOR THE OFFENSE 198
SHALL BE DETERMINED AS FOLLOWS:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(5)(b) 201
AND (c) OF THIS SECTION, PREPARATION OF L.S.D. FOR SALE IS A 204
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 205
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 208
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PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(5)(c) OF 211
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 212
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF L.S.D. 214
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 216
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 218
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 219
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 222
AMOUNT OF THE DRUG INVOLVED EXCEEDS TEN UNIT DOSES OF L.S.D. IN A 224
SOLID FORM OR EXCEEDS ONE GRAM OF L.S.D. IN A LIQUID CONCENTRATE, 226
LIQUID EXTRACT, OR LIQUID DISTILLATE FORM, PREPARATION OF L.S.D. 228
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS A 229
PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. IF THE AMOUNT OF 230
THE DRUG INVOLVED EXCEEDS ONE OF THOSE AMOUNTS AND IF THE OFFENSE 232
WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 233
JUVENILE, PREPARATION OF L.S.D. FOR SALE IS A FELONY OF THE THIRD 235
DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE 236
OFFENSE.
(6) IF THE DRUG INVOLVED IN THE VIOLATION IS HEROIN OR A 238
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING HEROIN, 239
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 241
PREPARATION OF HEROIN FOR SALE. THE PENALTY FOR THE OFFENSE 242
SHALL BE DETERMINED AS FOLLOWS: 243
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(6)(b) AND 246
(c) OF THIS SECTION, PREPARATION OF HEROIN FOR SALE IS A FELONY 247
OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE 250
REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON 252
TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(6)(c) OF 255
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 256
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF HEROIN 257
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 259
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 261
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 262
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(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 265
AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE GRAM, PREPARATION OF 266
HEROIN FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS A 267
PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. IF THE AMOUNT OF 268
THE DRUG INVOLVED EXCEEDS THAT AMOUNT AND IF THE OFFENSE WAS 269
COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 270
JUVENILE, PREPARATION OF HEROIN FOR SALE IS A FELONY OF THE THIRD 271
DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE 272
OFFENSE.
(7) IF THE DRUG INVOLVED IN THE VIOLATION IS HASHISH OR A 274
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING HASHISH, 275
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 277
PREPARATION OF HASHISH FOR SALE. THE PENALTY FOR THE OFFENSE 278
SHALL BE DETERMINED AS FOLLOWS:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(7)(b) AND 281
(c) OF THIS SECTION, PREPARATION OF HASHISH FOR SALE IS A FELONY 282
OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE 285
REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON 287
TERM ON THE OFFENDER.
(b) IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 290
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF HASHISH 291
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 292
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 294
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 295
(c) IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS TEN GRAMS 298
OF HASHISH IN A SOLID FORM OR EXCEEDS TWO GRAMS OF HASHISH IN A 299
LIQUID CONCENTRATE, LIQUID EXTRACT, OR LIQUID DISTILLATE FORM, 300
PREPARATION OF HASHISH FOR SALE IS A FELONY OF THE FOURTH DEGREE, 301
AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES 303
IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 304
IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE OF THOSE AMOUNTS 305
AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR 306
IN THE VICINITY OF A JUVENILE, PREPARATION OF HASHISH FOR SALE IS 307
A FELONY OF THE THIRD DEGREE, AND DIVISION (C) OF SECTION 2929.13 308
7
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 311
PRISON TERM UPON THE OFFENDER.
(D) IN ADDITION TO ANY PRISON TERM OR OTHER SANCTION 314
AUTHORIZED OR REQUIRED BY DIVISION (C) OF THIS SECTION AND 315
SECTIONS 2929.13 AND 2929.14 OF THE REVISED CODE, AND IN ADDITION 318
TO ANY OTHER SANCTION IMPOSED FOR THE OFFENSE UNDER THIS SECTION 319
OR SECTIONS 2929.11 TO 2929.18 OF THE REVISED CODE, THE COURT 322
THAT SENTENCES AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 323
TO A VIOLATION OF DIVISION (A) OF THIS SECTION SHALL DO ALL OF 325
THE FOLLOWING THAT ARE APPLICABLE REGARDING THE OFFENDER: 326
(1) IF THE VIOLATION IS A FELONY OF THE THIRD DEGREE, THE 328
COURT SHALL IMPOSE UPON THE OFFENDER THE MANDATORY FINE SPECIFIED 330
FOR THE OFFENSE UNDER DIVISION (B)(1) OF SECTION 2929.18 OF THE 332
REVISED CODE UNLESS, AS SPECIFIED IN THAT DIVISION, THE COURT 334
DETERMINES THAT THE OFFENDER IS INDIGENT. THE CLERK OF THE COURT 335
SHALL PAY A MANDATORY FINE IMPOSED UNDER DIVISION (D)(1) OF THIS 337
SECTION IN THE MANNER SPECIFIED FOR THE PAYMENT OF A MANDATORY 338
FINE IN DIVISION (F) OF SECTION 2925.03 OF THE REVISED CODE. IF 341
A PERSON IS CHARGED WITH A VIOLATION OF THIS SECTION THAT IS A 342
FELONY OF THE THIRD DEGREE, POSTS BAIL, AND FORFEITS THE BAIL, 343
THE CLERK OF THE COURT SHALL PAY THE FORFEITED BAIL, PURSUANT TO 344
DIVISION (F) OF SECTION 2925.03 OF THE REVISED CODE, AS IF THE 347
FORFEITED BAIL WAS A FINE IMPOSED FOR A VIOLATION OF THIS 348
SECTION.
(2) THE COURT SHALL SUSPEND THE DRIVER'S OR COMMERCIAL 350
DRIVER'S LICENSE OR PERMIT OF THE OFFENDER IN ACCORDANCE WITH 351
DIVISION (G) OF SECTION 2925.03 OF THE REVISED CODE. 354
(3) IF THE OFFENDER IS A PROFESSIONALLY LICENSED PERSON OR 356
A PERSON WHO HAS BEEN ADMITTED TO THE BAR BY ORDER OF THE SUPREME 358
COURT IN COMPLIANCE WITH ITS PRESCRIBED AND PUBLISHED RULES, THE 359
COURT FORTHWITH SHALL COMPLY WITH SECTION 2925.38 OF THE REVISED 360
CODE. 361
(E) THE COURT THAT SENTENCES AN OFFENDER FOR A VIOLATION 364
OF DIVISION (A) OF THIS SECTION MAY IMPOSE UPON THE OFFENDER AN 365
8
ADDITIONAL FINE SPECIFIED FOR THE OFFENSE IN DIVISION (B)(4) OF 367
SECTION 2929.18 OF THE REVISED CODE. A FINE IMPOSED UNDER 369
DIVISION (E) OF THIS SECTION SHALL BE USED SOLELY FOR THE SUPPORT 371
OF ONE OR MORE ELIGIBLE ALCOHOL AND DRUG ADDICTION PROGRAMS AS 372
SPECIFIED IN DIVISIONS (H)(2) AND (3) OF SECTION 2925.03 OF THE 374
REVISED CODE. THE COURT SHALL IMPOSE THE FINE IN THE MANNER 376
SPECIFIED IN DIVISION (H)(2) OF THAT SECTION, AND THE CLERK OF 378
THE COURT SHALL PAY THE FINE IN THE MANNER SPECIFIED IN DIVISION 379
(H)(3) OF THAT SECTION. 380
(F) WHEN A PERSON IS CHARGED WITH A VIOLATION OF THIS 383
SECTION THAT INVOLVES A BULK AMOUNT OR A MULTIPLE OF A BULK 385
AMOUNT OF A CONTROLLED SUBSTANCE, DIVISION (E) OF SECTION 2925.03 386
OF THE REVISED CODE APPLIES REGARDING THE DETERMINATION OF THE 389
AMOUNT OF THE CONTROLLED SUBSTANCE INVOLVED AT THE TIME OF THE 390
OFFENSE.
Sec. 2925.32. (A) Divisions (A)(1) and (2) of this 399
section do not apply to the dispensing or distributing of nitrous 400
oxide.
(1) No person shall knowingly dispense or distribute a 402
harmful intoxicant to a person age eighteen or older if the 403
person who dispenses or distributes it knows or has reason to 404
believe that the harmful intoxicant will be used in violation of 405
section 2925.31 of the Revised Code. 406
(2) No person shall knowingly dispense or distribute a 409
harmful intoxicant to a person under age eighteen if the person 410
who dispenses or distributes it knows or has reason to believe 412
that the harmful intoxicant will be used in violation of section 413
2925.31 of the Revised Code. Division (A)(2) of this section 414
does not prohibit either of the following: 415
(a) Dispensing or distributing a harmful intoxicant to a 418
person under age eighteen if a written order from the juvenile's 420
parent or guardian is provided to the dispenser or distributor; 421
(b) Dispensing or distributing gasoline or diesel fuel to 424
a person under age eighteen if the dispenser or distributor does 425
9
not know or have reason to believe the product will be used in 426
violation of section 2925.31 of the Revised Code. Division 427
(A)(2)(a) of this section does not require a person to obtain a 428
written order from the parent or guardian of a person under age 429
eighteen in order to distribute or dispense gasoline or diesel 430
fuel to the person. 431
(B)(1) No person shall knowingly dispense or distribute 433
nitrous oxide to a person age twenty-one or older if the person 435
who dispenses or distributes it knows or has reason to believe 436
the nitrous oxide will be used in violation of section 2925.31 of 437
the Revised Code.
(2) Except for lawful medical, dental, or clinical 439
purposes, no person shall knowingly dispense or distribute 440
nitrous oxide to a person under age twenty-one. 441
(3) No person, at the time a cartridge of nitrous oxide is 443
sold to another person, shall sell a device that allows the 444
purchaser to inhale nitrous oxide from cartridges or to hold 445
nitrous oxide released from cartridges for purposes of 446
inhalation. The sale of any such device constitutes a rebuttable 447
presumption that the person knew or had reason to believe that 448
the purchaser intended to abuse the nitrous oxide. 449
(4) No person who dispenses or distributes nitrous oxide 451
in cartridges shall fail to comply with either of the following: 452
(a) The record-keeping requirements established under 454
division (F) of this section; 455
(b) The labeling and transaction identification 457
requirements established under division (G) of this section. 459
(C) This section does not apply to products used in 461
making, fabricating, assembling, transporting, or constructing a 462
product or structure by manual labor or machinery for sale or 463
lease to another person, or to the mining, refining, or 464
processing of natural deposits. 465
(D)(1) Whoever violates division (A)(1) or (2) or division 469
(B)(1), (2), or (3) of this section is guilty of trafficking in 470
10
harmful intoxicants, a felony of the fifth degree. If the 471
offender previously has been convicted of a drug abuse offense, 472
trafficking in harmful intoxicants is a felony of the fourth 473
degree. In addition to any other sanction imposed for
trafficking in harmful intoxicants, the court shall suspend for 475
not less than six months or more than five years the driver's or 476
commercial driver's license or permit of any person who is 477
convicted of or has pleaded guilty to trafficking in harmful 479
intoxicants. If the offender is a professionally licensed person 480
or a person who has been admitted to the bar by order of the 481
supreme court in compliance with its prescribed and published 482
rules, in addition to any other sanction imposed for trafficking 484
in harmful intoxicants, the court forthwith shall comply with 485
section 2925.38 of the Revised Code. 486
(2) Whoever violates division (B)(4)(a) or (b) of this 489
section is guilty of improperly dispensing or distributing 490
nitrous oxide, a misdemeanor of the fourth degree.
(E) It is an affirmative defense to a charge of a 492
violation of division (A)(2) or (B)(2) of this section that: 493
(1) An individual exhibited to the defendant or an officer 496
or employee of the defendant, for purposes of establishing the 497
individual's age, a driver's license or permit issued by this 498
state, a commercial driver's license or permit issued by this 499
state, an identification card issued pursuant to section 4507.50 500
of the Revised Code, for another document that purports to be a 502
license, permit, or identification card described in this 503
division;
(2) The document exhibited appeared to be a genuine, 506
unaltered document, to pertain to the individual, and to
establish the individual's age; 507
(3) The defendant or the officer or employee of the 510
defendant otherwise did not have reasonable cause to believe that 511
the individual was under the age represented. 512
(F) Beginning July 1, 1998 1999, a person who dispenses or 515
11
distributes nitrous oxide shall record each transaction involving 516
the dispensing or distributing of the nitrous oxide on a separate 517
card. The person shall require the purchaser to sign the card
and provide a complete residence address. The person dispensing 518
or distributing the nitrous oxide shall sign and date the card. 519
The person shall retain the card recording a transaction for one 520
year from the date of the transaction. The person shall maintain 521
the cards at the person's business address and make them 522
available during normal business hours for inspection and copying 524
by officers or employees of the state board of pharmacy or of
other law enforcement agencies of this state or the United States 525
that are authorized to investigate violations of Chapter 2925., 526
3719., or 4729. of the Revised Code or the federal drug abuse 527
control laws.
The cards used to record each transaction shall inform the 529
purchaser of the following: 530
(1) That nitrous oxide cartridges are to be used only for 532
purposes of preparing food; 533
(2) That inhalation of nitrous oxide can have dangerous 535
health effects;
(3) That it is a violation of state law to distribute or 537
dispense cartridges of nitrous oxide to any person under age 538
twenty-one, punishable as a felony of the fifth degree. 539
(G)(1) Each cartridge of nitrous oxide dispensed or 542
distributed in this state shall bear the following printed 543
warning:
"Nitrous oxide cartridges are to be used only for purposes 546
of preparing food. Nitrous oxide cartridges may not be sold to 547
persons under age twenty-one. Do not inhale contents. Misuse 548
can be dangerous to your health."
(2) Each time a person dispenses or distributes one or 550
more cartridges of nitrous oxide, the person shall mark the 551
packaging containing the cartridges with a label or other device 552
that identifies the person who dispensed or distributed the 553
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nitrous oxide and the person's business address. 554
Sec. 2929.13. (A) Except as provided in division (E), 564
(F), or (G) of this section and unless a specific sanction is 565
required to be imposed or is precluded from being imposed 566
pursuant to law, a court that imposes a sentence upon an offender 567
for a felony may impose any sanction or combination of sanctions 568
on the offender that are provided in sections 2929.14 to 2929.18 569
of the Revised Code. The sentence shall not impose an 570
unnecessary burden on state or local government resources. 571
If the offender is eligible to be sentenced to community 573
control sanctions, the court shall consider the appropriateness 575
of imposing a financial sanction pursuant to section 2929.18 of 576
the Revised Code or a sanction of community service pursuant to 578
section 2929.17 of the Revised Code as the sole sanction for the 579
offense. Except as otherwise provided in this division, if the 580
court is required to impose a mandatory prison term for the 581
offense for which sentence is being imposed, the court also may 582
impose a financial sanction pursuant to section 2929.18 of the 583
Revised Code but may not impose any additional sanction or 584
combination of sanctions under section 2929.16 or 2929.17 of the 585
Revised Code. 586
If the offender is being sentenced for a fourth degree 588
felony OMVI offense, in addition to the mandatory term of local 589
incarceration or the mandatory prison term required for the 591
offense by division (G)(1) or (2) of this section, the court 593
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 596
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 598
offender be sentenced to a mandatory term of local incarceration, 599
an additional community control sanction or combination of 601
community control sanctions under section 2929.16 or 2929.17 of 602
the Revised Code; 603
(2) If division (G)(2) of this section requires that the 605
13
offender be sentenced to a mandatory prison term, an additional 606
prison term as described in division (D)(4) of section 2929.14 of 607
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 610
(G) of this section, in sentencing an offender for a felony of 611
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 613
(a) In committing the offense, the offender caused 615
physical harm to a person. 616
(b) In committing the offense, the offender attempted to 619
cause or made an actual threat of physical harm to a person with 620
a deadly weapon.
(c) In committing the offense, the offender attempted to 623
cause or made an actual threat of physical harm to a person, and 624
the offender previously was convicted of an offense that caused 625
physical harm to a person.
(d) The offender held a public office or position of trust 628
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 629
or to bring those committing it to justice; or the offender's 630
professional reputation or position facilitated the offense or 631
was likely to influence the future conduct of others. 632
(e) The offender committed the offense for hire or as part 634
of an organized criminal activity. 635
(f) The offense is a sex offense that is a fourth or fifth 638
degree felony violation of section 2907.03, 2907.04, 2907.05, 639
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 640
Revised Code.
(g) The offender previously served a prison term. 642
(h) The offender previously was subject to a community 644
control sanction, and the offender committed another offense 646
while under the sanction.
(2)(a) If the court makes a finding described in division 649
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 650
14
and if the court, after considering the factors set forth in 651
section 2929.12 of the Revised Code, finds that a prison term is 653
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 655
offender is not amenable to an available community control 656
sanction, the court shall impose a prison term upon the offender. 657
(b) Except as provided in division (E), (F), or (G) of 659
this section, if the court does not make a finding described in 661
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 662
section and if the court, after considering the factors set forth 663
in section 2929.12 of the Revised Code, finds that a community 665
control sanction or combination of community control sanctions is 667
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 670
impose a community control sanction or combination of community 671
control sanctions upon the offender. 672
(C) Except as provided in division (E) or (F) of this 675
section, in determining whether to impose a prison term as a 676
sanction for a felony of the third degree or a felony drug 677
offense that is a violation of a provision of Chapter 2925. of 679
the Revised Code and that is specified as being subject to this 682
division for purposes of sentencing, the sentencing court shall 683
comply with the purposes and principles of sentencing under 684
section 2929.11 of the Revised Code and with section 2929.12 of 687
the Revised Code.
(D) Except as provided in division (E) or (F) of this 690
section, for a felony of the first or second degree and for a 691
felony drug offense that is a violation of any provision of 692
Chapter 2925., 3719., or 4729. of the Revised Code for which a 693
presumption in favor of a prison term is specified as being 694
applicable, it is presumed that a prison term is necessary in 695
order to comply with the purposes and principles of sentencing 696
under section 2929.11 of the Revised Code. Notwithstanding the 697
presumption established under this division, the sentencing court 698
15
may impose a community control sanction or a combination of 699
community control sanctions instead of a prison term on an 700
offender for a felony of the first or second degree or for a 701
felony drug offense that is a violation of any provision of 702
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 703
applicable if it makes both of the following findings: 705
(1) A community control sanction or a combination of 707
community control sanctions would adequately punish the offender 709
and protect the public from future crime, because the applicable 710
factors under section 2929.12 of the Revised Code indicating a 712
lesser likelihood of recidivism outweigh the applicable factors 714
under that section indicating a greater likelihood of recidivism. 716
(2) A community control sanction or a combination of 718
community control sanctions would not demean the seriousness of 720
the offense, because one or more factors under section 2929.12 of 721
the Revised Code that indicate that the offender's conduct was 722
less serious than conduct normally constituting the offense are 723
applicable, and they outweigh the applicable factors under that 724
section that indicate that the offender's conduct was more 725
serious than conduct normally constituting the offense. 726
(E)(1) Except as provided in division (F) of this section, 729
for any drug offense that is a violation of any provision of 730
Chapter 2925. of the Revised Code and that is a felony of the 731
third, fourth, or fifth degree, the applicability of a 732
presumption under division (D) of this section in favor of a 733
prison term or of division (B) or (C) of this section in 734
determining whether to impose a prison term for the offense shall 736
be determined as specified in section 2925.02, 2925.03, 2925.04, 737
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 738
2925.36, or 2925.37 of the Revised Code, whichever is applicable 741
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 743
to a felony drug offense in violation of a provision of Chapter 744
16
2925., 3719., or 4729. of the Revised Code violates the 745
conditions of a community control sanction imposed for the 746
offense solely by possession POSSESSING or using a controlled 749
substance and if the offender has not failed to meet the
conditions of any drug treatment program in which the offender 750
was ordered to participate as a sanction for the offense, the 751
court, as punishment for the violation of the sanction, shall 752
order that the offender participate in a drug treatment program 753
or in alcoholics anonymous, narcotics anonymous, or a similar 754
program if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 755
forth in section 2929.11 of the Revised Code. If the court 756
determines that an order of that nature would not be consistent 757
with those purposes and principles or if the offender violated 758
the conditions of a drug treatment program in which the offender 759
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 760
sanction, including a prison term. 761
(F) Notwithstanding divisions (A) to (E) of this section, 764
the court shall impose a prison term or terms under sections 765
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 766
Revised Code and except as specifically provided in section 767
2929.20 of the Revised Code or when parole is authorized for the 768
offense under section 2967.13 of the Revised Code, shall not 769
reduce the terms pursuant to section 2929.20, section 2967.193, 770
or any other provision of Chapter 2967. or Chapter 5120. of the 772
Revised Code for any of the following offenses: 773
(1) Aggravated murder when death is not imposed or murder; 775
(2) Any rape, regardless of whether force was involved and 777
regardless of the age of the victim, or an attempt to commit rape 778
by force when the victim is under thirteen years of age; 781
(3) Gross sexual imposition or sexual battery, if the 783
victim is under thirteen years of age, if the offender previously 785
was convicted of or pleaded guilty to rape, the former offense of 786
17
felonious sexual penetration, gross sexual imposition, or sexual 787
battery, and if the victim of the previous offense was under 789
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 792
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 793
(5) A first, second, or third degree felony drug offense 796
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 797
4729.99 of the Revised Code, whichever is applicable regarding 799
the violation, requires the imposition of a mandatory prison 800
term;
(6) Any offense that is a first or second degree felony 802
and that is not set forth in division (F)(1), (2), (3), or (4) of 804
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 806
degree felony, or an offense under an existing or former law of 807
this state, another state, or the United States that is or was 808
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 810
of the Revised Code, that is a felony, if the offender had a 811
firearm on or about the offender's person or under the offender's 812
control while committing the felony, with respect to a portion of 813
the sentence imposed pursuant to division (D)(1)(a) of section 815
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 817
the Revised Code when the most serious offense in the pattern of 819
corrupt activity that is the basis of the offense is a felony of 820
the first degree;
(9) Any sexually violent offense for which the offender 822
also is convicted of or pleads guilty to a sexually violent 823
predator specification that was included in the indictment, count 824
in the indictment, or information charging the sexually violent 825
offense;
18
(10) A violation of division (A)(1) or (2) of section 827
2921.36 of the Revised Code, or a violation of division (C) of 828
that section involving an item listed in division (A)(1) or (2) 829
of that section, if the offender is an officer or employee of the 830
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 833
if an offender is being sentenced for a fourth degree felony OMVI 834
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 835
accordance with the following: 836
(1) Except as provided in division (G)(2) of this section, 838
the court shall impose upon the offender a mandatory term of 839
local incarceration of sixty days as specified in division (A)(4) 840
of section 4511.99 of the Revised Code and shall not reduce the 841
term pursuant to section 2929.20, 2967.193, or any other 842
provision of the Revised Code. The court that imposes a 843
mandatory term of local incarceration under this division shall 845
specify whether the term is to be served in a jail, a 846
community-based correctional facility, a halfway house, or an 847
alternative residential facility, and the offender shall serve 848
the term in the type of facility specified by the court. The 849
court shall not sentence the offender to a prison term and shall 850
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 851
incarceration imposed under division (G)(1) of this section is 852
not subject to extension under section 2967.11 of the Revised 853
Code, to a period of post-release control under section 2967.28 854
of the Revised Code, or to any other Revised Code provision that 855
pertains to a prison term.
(2) If the offender previously has been sentenced to a 857
mandatory term of local incarceration pursuant to division (G)(1) 858
of this section for a fourth degree felony OMVI offense, the 859
court shall impose upon the offender a mandatory prison term of 860
sixty days as specified in division (A)(4) of section 4511.99 of 861
19
the Revised Code and shall not reduce the term pursuant to 862
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 863
to a mandatory term of local incarceration pursuant to division 864
(G)(1) of this section for a fourth degree felony OMVI offense be 865
sentenced to another mandatory term of local incarceration under 866
that division for a fourth degree felony OMVI offense. The court 867
shall not sentence the offender to a community control sanction 868
under section 2929.16 or 2929.17 of the Revised Code. The 869
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 870
intensive program prison established pursuant to section 5120.033 871
of the Revised Code if the department gave the sentencing judge 872
prior notice of its intent to place the offender in an intensive 873
program prison established under that section and if the judge 874
did not notify the department that the judge disapproved the 875
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 876
that is privately operated and managed by a contractor pursuant 877
to a contract entered into under section 9.06 of the Revised 878
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 880
make a reasonable effort to ensure that a sufficient number of 881
offenders sentenced to a mandatory prison term under this 882
division are placed in the privately operated and managed prison 883
so that the privately operated and managed prison has full 884
occupancy.
(b) Unless the privately operated and managed prison has 886
full occupancy, the department of rehabilitation and correction 887
shall not place any offender sentenced to a mandatory prison term 888
under this division in any intensive program prison established 889
pursuant to section 5120.033 of the Revised Code other than the 891
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 894
20
oriented offense committed on or after the effective date of this 895
amendment JANUARY 1, 1997, the judge shall require the offender 896
to submit to a DNA specimen collection procedure pursuant to 897
section 2901.07 of the Revised Code if either of the following 899
applies:
(1) The offense was a sexually violent offense, and the 901
offender also was convicted of or pleaded guilty to a sexually 902
violent predator specification that was included in the 903
indictment, count in the indictment, or information charging the 904
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 906
offense determines pursuant to division (B) of section 2950.09 of 907
the Revised Code that the offender is a sexual predator. 908
(I) If an offender is being sentenced for a sexually 911
oriented offense committed on or after the effective date of this 912
amendment JANUARY 1, 1997, the judge shall include in the 913
sentence a summary of the offender's duty to register pursuant to 914
section 2950.04 of the Revised Code, the offender's duty to 915
provide notice of a change in residence address and register the 916
new residence address pursuant to section 2950.05 of the Revised
Code, the offender's duty to periodically verify the offender's 917
current residence address pursuant to section 2950.06 of the 918
Revised Code, and the duration of the duties. The judge shall 919
inform the offender, at the time of sentencing, of those duties 920
and of their duration and, if required under division (A)(2) of 921
section 2950.03 of the Revised Code, shall perform the duties 922
specified in that section. 923
Sec. 2929.18. (A) Except as otherwise provided in this 934
division and in addition to imposing court costs pursuant to 935
section 2947.23 of the Revised Code, the court imposing a 936
sentence upon an offender for a felony may sentence the offender 937
to any financial sanction or combination of financial sanctions 939
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 940
21
offender a fine in accordance with that section. If the offender 941
is sentenced to a sanction of confinement pursuant to section 942
2929.14 or 2929.16 of the Revised Code that is to be served in a 943
facility operated by a board of county commissioners, a 944
legislative authority of a municipal corporation, or another 945
governmental entity, the court imposing sentence upon an offender 946
for a felony shall comply with division (A)(4)(b) of this section 947
in determining whether to sentence the offender to a financial 948
sanction described in division (A)(4)(a) of this section. 949
Financial sanctions that may be imposed pursuant to this section 950
include, but are not limited to, the following: 951
(1) Restitution by the offender to the victim of the 953
offender's crime or any survivor of the victim, in an amount 954
based on the victim's economic loss. The court shall order that 955
the restitution be made to the adult probation department that 956
serves the county on behalf of the victim, to the clerk of 957
courts, or to another agency designated by the court, except that 958
it may include a requirement that reimbursement be made to third 959
parties for amounts paid to or on behalf of the victim or any 960
survivor of the victim for economic loss resulting from the 961
offense. If reimbursement to third parties is required, the 962
reimbursement shall be made to any governmental agency to repay 963
any amounts paid by the agency to or on behalf of the victim or 964
any survivor of the victim for economic loss resulting from the 965
offense before any reimbursement is made to any person other than 966
a governmental agency. If no governmental agency incurred 967
expenses for economic loss of the victim or any survivor of the 968
victim resulting from the offense, the reimbursement shall be 969
made to any person other than a governmental agency to repay 970
amounts paid by that person to or on behalf of the victim or any 971
survivor of the victim for economic loss of the victim resulting 973
from the offense. The court shall not require an offender to 974
repay an insurance company for any amounts the company paid on 975
behalf of the offender pursuant to a policy of insurance. At 976
22
sentencing, the court shall determine the amount of restitution 978
to be made by the offender. All restitution payments shall be 979
credited against any recovery of economic loss in a civil action 980
brought by the victim or any survivor of the victim against the 981
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 983
this section, a fine payable by the offender to the state, to a 984
political subdivision, or as described in division (B)(2) of this 986
section to one or more law enforcement agencies, with the amount 987
of the fine based on a standard percentage of the offender's 988
daily income over a period of time determined by the court and 989
based upon the seriousness of the offense. A fine ordered under 990
this division shall not exceed the statutory fine amount 991
authorized for the level of the offense under division (A)(3) of 992
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 994
this section, a fine payable by the offender to the state, to a 995
political subdivision when appropriate for a felony, or as 996
described in division (B)(2) of this section to one or more law 998
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 1,001
thousand dollars;
(b) For a felony of the second degree, not more than 1,004
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 1,007
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,010
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,013
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,016
reimbursement by the offender of any or all of the costs of 1,018
sanctions incurred by the government, including the following: 1,019
(i) All or part of the costs of implementing any community 1,022
23
control sanction;
(ii) All or part of the costs of confinement under a 1,025
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,026
Revised Code, provided that the amount of reimbursement ordered 1,027
under this division shall not exceed ten thousand dollars or the 1,028
total amount of reimbursement the offender is able to pay as 1,029
determined at a hearing, whichever amount is greater; 1,030
(b) If the offender is sentenced to a sanction of 1,032
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,033
Code that is to be served in a facility operated by a board of 1,035
county commissioners, a legislative authority of a municipal 1,036
corporation, or another local governmental entity, one of the
following applies: 1,037
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,039
341.23, 753.02, 753.04, 753.16, or 2301.56, or 2947.19 of the 1,040
Revised Code, the board, legislative authority, or other local 1,041
governmental entity requires prisoners convicted of an offense 1,042
other than a minor misdemeanor to reimburse the county, municipal 1,043
corporation, or other entity for its expenses incurred by reason 1,044
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 1,045
the offender to reimburse the county, municipal corporation, or 1,046
other local governmental entity for the cost of the confinement. 1,047
In addition, the court may impose any other financial sanction 1,048
under this section.
(ii) If, pursuant to any section identified in division 1,050
(A)(4)(b)(i) of this section, the board, legislative authority, 1,052
or other local governmental entity has adopted a resolution or 1,054
ordinance specifying that prisoners convicted of felonies are not 1,055
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,057
the prisoner's confinement, the court shall not impose a 1,058
financial sanction under division (A)(4)(a) of this section that 1,059
requires the offender to reimburse the county, municipal
24
corporation, or other local governmental entity for the cost of 1,060
the confinement, but the court may impose any other financial 1,062
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,064
of this section applies, the court may impose, but is not 1,065
required to impose, any financial sanction under this section. 1,066
(c) Reimbursement by the offender for costs pursuant to 1,069
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 1,072
violation of any provision of Chapter 2925., 3719., or 4729. of 1,073
the Revised Code, the sentencing court shall impose upon the 1,074
offender a mandatory fine of at least one-half of, but not more 1,075
than, the maximum statutory fine amount authorized for the level 1,076
of the offense pursuant to division (A)(3) of this section. If 1,077
an offender alleges in an affidavit filed with the court prior to 1,079
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,080
indigent person and is unable to pay the mandatory fine described 1,081
in this division, the court shall not impose the mandatory fine 1,082
upon the offender.
(2) Any mandatory fine imposed upon an offender under 1,084
division (B)(1) of this section and any fine imposed upon an 1,086
offender under division (A)(2) or (3) of this section for any 1,087
fourth or fifth degree felony violation of any provision of 1,088
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,089
to law enforcement agencies pursuant to division (F) of section 1,090
2925.03 of the Revised Code. 1,091
(3) For a fourth degree felony OMVI offense, the 1,095
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99 of 1,097
the Revised Code. The mandatory fine so imposed shall be 1,098
disbursed as provided in division (A)(4) of section 4511.99 of 1,100
the Revised Code. 1,101
(4) Notwithstanding any fine otherwise authorized or 1,104
25
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,105
this section or section 2929.31 of the Revised Code for a 1,106
violation of section 2925.03 OR 2925.07 of the Revised Code, in 1,108
addition to any penalty or sanction imposed for that offense 1,109
under section 2925.03 OR 2925.07 or sections 2929.11 to 2929.18 1,110
of the Revised Code and in addition to the forfeiture of property 1,112
in connection with the offense as prescribed in sections 2925.42 1,113
to 2925.45 of the Revised Code, the court that sentences an 1,115
offender for a violation of section 2925.03 OR 2925.07 of the 1,116
Revised Code may impose upon the offender a fine in addition to 1,118
any fine imposed under division (A)(2) or (3) of this section and 1,120
in addition to any mandatory fine imposed under division (B)(1) 1,121
of this section. The fine imposed under division (B)(4) of this 1,122
section shall be used as provided in division (H) of section 1,123
2925.03 of the Revised Code. A fine imposed under division 1,124
(B)(4) of this section shall not exceed whichever of the 1,125
following is applicable:
(a) The total value of any personal or real property in 1,128
which the offender has an interest and that was used in the 1,129
course of, intended for use in the course of, derived from, or 1,130
realized through conduct in violation of section 2925.03 OR 1,131
2925.07 of the Revised Code, including any property that 1,133
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 1,136
type described in division (B)(4)(a) of this section or if it is 1,137
not possible to ascertain whether the offender has an interest in 1,139
any property of that type in which the offender may have an 1,140
interest, the amount of the mandatory fine for the offense 1,141
imposed under division (B)(1) of this section or, if no mandatory 1,142
fine is imposed under division (B)(1) of this section, the amount 1,143
of the fine authorized for the level of the offense imposed under 1,145
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,148
section, the court shall determine whether the offender has an 1,149
26
interest in any property of the type described in division 1,150
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,152
or (7) of this section, a fine that is authorized and imposed 1,153
under division (B)(4) of this section does not limit or affect 1,155
the imposition of the penalties and sanctions for a violation of 1,156
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 1,158
Revised Code and does not limit or affect a forfeiture of 1,160
property in connection with the offense as prescribed in sections 1,161
2925.42 to 2925.45 of the Revised Code. 1,162
(6) If the sum total of a mandatory fine amount imposed 1,164
for a first, second, or third degree felony violation of section 1,165
2925.03 OR A THIRD DEGREE FELONY VIOLATION OF SECTION 2925.07 of 1,167
the Revised Code under division (B)(1) of this section plus the 1,168
amount of any fine imposed under division (B)(4) of this section 1,170
does not exceed the maximum statutory fine amount authorized for 1,171
the level of the offense under division (A)(3) of this section or 1,172
section 2929.31 of the Revised Code, the court may impose a fine 1,174
for the offense in addition to the mandatory fine and the fine 1,175
imposed under division (B)(4) of this section. The sum total of 1,176
the amounts of the mandatory fine, the fine imposed under 1,177
division (B)(4) of this section, and the additional fine imposed 1,178
under division (B)(6) of this section shall not exceed the 1,180
maximum statutory fine amount authorized for the level of the 1,181
offense under division (A)(3) of this section or section 2929.31 1,182
of the Revised Code. The clerk of the court shall pay any fine 1,183
that is imposed under division (B)(6) of this section to the 1,184
county, township, municipal corporation, park district as created 1,186
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,187
state law enforcement agencies in this state that primarily were 1,188
responsible for or involved in making the arrest of, and in 1,189
prosecuting, the offender pursuant to division (F) of section 1,190
2925.03 of the Revised Code. 1,191
(7) If the sum total of the amount of a mandatory fine 1,193
27
imposed for a first, second, or third degree felony violation of 1,194
section 2925.03 OR A THIRD DEGREE FELONY VIOLATION OF SECTION 1,195
2925.07 of the Revised Code plus the amount of any fine imposed 1,197
under division (B)(4) of this section exceeds the maximum 1,198
statutory fine amount authorized for the level of the offense 1,199
under division (A)(3) of this section or section 2929.31 of the 1,200
Revised Code, the court shall not impose a fine under division 1,201
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,204
the offender pursuant to division (A)(4)(a) of this section to 1,206
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,208
confine offenders pursuant to sanctions imposed under section 1,209
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,210
The treasurer of state shall deposit the reimbursements in the 1,211
confinement cost reimbursement fund that is hereby created in the 1,212
state treasury. The department of rehabilitation and correction 1,213
shall use the amounts deposited in the fund to fund the operation 1,214
of facilities used to confine offenders pursuant to sections 1,215
2929.14 and 2929.16 of the Revised Code. 1,216
(2) Except as provided in section 2951.021 of the Revised 1,218
Code, the offender shall pay reimbursements imposed upon the 1,219
offender pursuant to division (A)(4)(a) of this section to pay 1,221
the costs incurred by a county pursuant to any sanction imposed 1,222
under this section or section 2929.16 or 2929.17 of the Revised 1,223
Code or in operating a facility used to confine offenders 1,224
pursuant to a sanction imposed under section 2929.16 of the 1,225
Revised Code to the county treasurer. The county treasurer shall 1,226
deposit the reimbursements in the sanction cost reimbursement 1,227
fund that each board of county commissioners shall create in its 1,228
county treasury. The county shall use the amounts deposited in 1,229
the fund to pay the costs incurred by the county pursuant to any 1,230
sanction imposed under this section or section 2929.16 or 2929.17 1,231
of the Revised Code or in operating a facility used to confine 1,233
28
offenders pursuant to a sanction imposed under section 2929.16 of 1,234
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,236
Code, the offender shall pay reimbursements imposed upon the 1,237
offender pursuant to division (A)(4)(a) of this section to pay 1,239
the costs incurred by a municipal corporation pursuant to any 1,240
sanction imposed under this section or section 2929.16 or 2929.17 1,241
of the Revised Code or in operating a facility used to confine 1,242
offenders pursuant to a sanction imposed under section 2929.16 of 1,243
the Revised Code to the treasurer of the municipal corporation. 1,245
The treasurer shall deposit the reimbursements in a special fund 1,246
that shall be established in the treasury of each municipal 1,247
corporation. The municipal corporation shall use the amounts 1,248
deposited in the fund to pay the costs incurred by the municipal 1,249
corporation pursuant to any sanction imposed under this section 1,250
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,251
a facility used to confine offenders pursuant to a sanction 1,252
imposed under section 2929.16 of the Revised Code. 1,253
(4) Except as provided in section 2951.021 of the Revised 1,255
Code, the offender shall pay reimbursements imposed pursuant to 1,256
division (A)(4)(a) of this section for the costs incurred by a 1,257
private provider pursuant to a sanction imposed under this 1,258
section or section 2929.16 or 2929.17 of the Revised Code to the 1,259
provider.
(D) A financial sanction imposed pursuant to division (A) 1,261
or (B) of this section is a judgment in favor of the state or a 1,262
political subdivision in which the court that imposed the 1,263
financial sanction is located, and the offender subject to the 1,264
sanction is the judgment debtor, except that a financial sanction 1,265
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,267
this section upon an offender who is incarcerated in a state 1,268
facility or a municipal jail is a judgment in favor of the state 1,269
or the municipal corporation, a financial sanction of 1,270
reimbursement imposed upon an offender pursuant to this section 1,271
29
for costs incurred by a private provider of sanctions is a 1,272
judgment in favor of the private provider, and a financial 1,273
sanction of restitution imposed pursuant to this section is a 1,274
judgment in favor of the victim of the offender's criminal act. 1,275
Once the financial sanction is imposed as a judgment, the victim, 1,276
private provider, state, or political subdivision may bring an 1,277
action to do any of the following:
(1) Obtain execution of the judgment through any available 1,280
procedure, including:
(a) An execution against the property of the judgment 1,283
debtor under Chapter 2329. of the Revised Code; 1,284
(b) An execution against the person of the judgment debtor 1,287
under Chapter 2331. of the Revised Code; 1,288
(c) A proceeding in aid of execution under Chapter 2333. 1,291
of the Revised Code, including: 1,292
(i) A proceeding for the examination of the judgment 1,295
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,296
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,299
judgment debtor under section 2333.28 of the Revised Code; 1,300
(iii) A creditor's suit under section 2333.01 of the 1,303
Revised Code.
(d) The attachment of the property of the judgment debtor 1,306
under Chapter 2715. of the Revised Code; 1,307
(e) The garnishment of the property of the judgment debtor 1,310
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,312
judgment debtor under section 1321.33 of the Revised Code. 1,314
(E) A court that imposes a financial sanction upon an 1,316
offender may hold a hearing if necessary to determine whether the 1,317
offender is able to pay the sanction or is likely in the future 1,318
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,321
offender under this section or under section 2929.25 of the
30
Revised Code may designate a court employee to collect, or may 1,323
enter into contracts with one or more public agencies or private 1,324
vendors for the collection of, amounts due under the financial 1,325
sanction imposed pursuant to this section or section 2929.25 of 1,326
the Revised Code. Before entering into a contract for the 1,327
collection of amounts due from an offender pursuant to any 1,328
financial sanction imposed pursuant to this section or section 1,329
2929.25 of the Revised Code, a court shall comply with sections 1,330
307.86 to 307.92 of the Revised Code. 1,331
(G) If a court that imposes a financial sanction under 1,334
division (A) or (B) of this section finds that an offender 1,335
satisfactorily has completed all other sanctions imposed upon the 1,336
offender and that all restitution that has been ordered has been 1,337
paid as ordered, the court may suspend any financial sanctions 1,338
imposed pursuant to this section or section 2929.25 of the 1,339
Revised Code that have not been paid. 1,340
(H) No financial sanction imposed under this section or 1,343
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,344
Section 2. That existing sections 2925.32, 2929.13, and 1,346
2929.18 of the Revised Code are hereby repealed. 1,348
Section 3. Section 2929.18 of the Revised Code is 1,352
presented in this act as a composite of the section as amended by 1,353
Sub. H.B. 480, Am. Sub. S.B. 166, and Am. Sub. S.B. 269 of the 1,354
121st General Assembly, with the new language of none of the acts 1,356
shown in capital letters. This is in recognition of the 1,357
principle stated in division (B) of section 1.52 of the Revised 1,358
Code that such amendments are to be harmonized where not 1,359
substantively irreconcilable and constitutes a legislative 1,360
finding that such is the resulting version in effect prior to the 1,361
effective date of this act.