As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 80  5            

      1997-1998                                                    6            


                   SENATORS B. JOHNSON-LATTA-                      8            

           REPRESENTATIVES BATEMAN-DAMSCHRODER-GARCIA              9            


                                                                   11           

                           A   B I L L                                          

             To amend section 4511.191 of the Revised Code to      12           

                provide that, if a person is arrested for OMVI     13           

                and the person's driver's license is suspended     14           

                under the Administrative License Suspension (ALS)  15           

                provisions of the Implied Consent Law, the ALS     16           

                terminates if the person is convicted of the       17           

                underlying OMVI charge, to provide that a  person  18           

                who is arrested for OMVI and whose driver's        20           

                license is suspended under the  ALS provisions     21           

                and also later by a court is liable for payment    22           

                of only one driver's license reinstatement fee     24           

                when the person's license is  returned or          25           

                reissued, to increase the reinstatement fee from   26           

                $280 to $405, and to expand the uses of a county   28           

                indigent drivers alcohol  treatment fund, a        29           

                county juvenile indigent drivers treatment fund,   30           

                or a  municipal indigent drivers treatment fund    32           

                when the court with control of  the fund declares  33           

                a surplus in the fund.                             34           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        36           

      Section 1.  That section 4511.191 of the Revised Code be     38           

amended to read as follows:                                        39           

      Sec. 4511.191.  (A)  Any person who operates a vehicle upon  48           

a highway or any public or private property used by the public     49           

for vehicular travel or parking within this state shall be deemed  50           

                                                          2      

                                                                 
to have given consent to a chemical test or tests of the person's  52           

blood, breath, or urine for the purpose of determining the         53           

alcohol, drug, or alcohol and drug content of the person's blood,  54           

breath, or urine if arrested for operating a vehicle while under   56           

the influence of alcohol, a drug of abuse, or alcohol and a drug   57           

of abuse or for operating a vehicle with a prohibited              58           

concentration of alcohol in the blood, breath, or urine.  The      59           

chemical test or tests shall be administered at the request of a   60           

police officer having reasonable grounds to believe the person to  61           

have been operating a vehicle upon a highway or any public or      62           

private property used by the public for vehicular travel or        63           

parking in this state while under the influence of alcohol, a      64           

drug of abuse, or alcohol and a drug of abuse or with a            65           

prohibited concentration of alcohol in the blood, breath, or       66           

urine.  The law enforcement agency by which the officer is         67           

employed shall designate which of the tests shall be                            

administered.                                                      68           

      (B)  Any person who is dead or unconscious, or who is        70           

otherwise in a condition rendering the person incapable of         71           

refusal, shall be deemed not to have withdrawn consent as          73           

provided by division (A) of this section and the test or tests     74           

may be administered, subject to sections 313.12 to 313.16 of the   75           

Revised Code.                                                      76           

      (C)(1)  Any person under arrest for operating a vehicle      78           

while under the influence of alcohol, a drug of abuse, or alcohol  79           

and a drug of abuse or for operating a vehicle with a prohibited   80           

concentration of alcohol in the blood, breath, or urine shall be   81           

advised at a police station, or at a hospital, first-aid station,  82           

or clinic to which the person has been taken for first-aid or      83           

medical treatment, of both of the following:                       84           

      (a)  The consequences, as specified in division (E) of this  86           

section, of the person's refusal to submit upon request to a       87           

chemical test designated by the law enforcement agency as          89           

provided in division (A) of this section;                          90           

                                                          3      

                                                                 
      (b)  The consequences, as specified in division (F) of this  92           

section, of the person's submission to the designated chemical     94           

test if the person is found to have a prohibited concentration of  95           

alcohol in the blood, breath, or urine.                            96           

      (2)(a)  The advice given pursuant to division (C)(1) of      98           

this section shall be in a written form containing the             99           

information described in division (C)(2)(b) of this section and    100          

shall be read to the person.  The form shall contain a statement   101          

that the form was shown to the person under arrest and read to     102          

the person in the presence of the arresting officer and either     104          

another police officer, a civilian police employee, or an          105          

employee of a hospital, first-aid station, or clinic, if any, to   106          

which the person has been taken for first-aid or medical           107          

treatment.  The witnesses shall certify to this fact by signing    108          

the form.                                                                       

      (b)  The form required by division (C)(2)(a) of this         110          

section shall read as follows:                                     111          

      "You now are under arrest for operating a vehicle while      113          

under the influence of alcohol, a drug of abuse, or both alcohol   114          

and a drug of abuse and will be requested by a police officer to   115          

submit to a chemical test to determine the concentration of        116          

alcohol, drugs of abuse, or alcohol and drugs of abuse in your     117          

blood, breath, or urine.                                           118          

      If you refuse to submit to the requested test or if you      120          

submit to the requested test and are found to have a prohibited    121          

concentration of alcohol in your blood, breath, or urine, your     122          

driver's or commercial driver's license or permit or nonresident   123          

operating privilege immediately will be suspended for the period   124          

of time specified by law by the officer, on behalf of the          125          

registrar of motor vehicles.  You may appeal this suspension at    126          

your initial appearance before the court that hears the charges    127          

against you resulting from the arrest, and your initial            128          

appearance will be conducted no later than five days after the     129          

arrest.  This suspension is independent of the penalties for the   130          

                                                          4      

                                                                 
offense, and you may be subject to other penalties upon            131          

conviction."                                                       132          

      (D)(1)  If a person under arrest as described in division    134          

(C)(1) of this section is not asked by a police officer to submit  135          

to a chemical test designated as provided in division (A) of this  136          

section, the arresting officer shall seize the Ohio or             137          

out-of-state driver's or commercial driver's license or permit of  138          

the person and immediately forward the seized license or permit    139          

to the court in which the arrested person is to appear on the      140          

charge for which the person was arrested.  If the arrested person  141          

does not have the person's driver's or commercial driver's         142          

license or permit on his or her person THE PERSON'S SELF or in     143          

his or her THE PERSON'S vehicle, the arresting officer shall       145          

order the arrested person to surrender it to the law enforcement   146          

agency that employs the officer within twenty-four hours after     147          

the arrest, and, upon the surrender, the officer's employing       148          

agency immediately shall forward the license or permit to the      149          

court in which the arrested person is to appear on the charge for  151          

which the person was arrested.  Upon receipt of the license or     153          

permit, the court shall retain it pending the initial appearance   154          

of the arrested person and any action taken under section          155          

4511.196 of the Revised Code.                                                   

      If a person under arrest as described in division (C)(1) of  157          

this section is asked by a police officer to submit to a chemical  158          

test designated as provided in division (A) of this section and    159          

is advised of the consequences of the person's refusal or          160          

submission as provided in division (C) of this section and if the  161          

person either refuses to submit to the designated chemical test    162          

or the person submits to the designated chemical test and the      163          

test results indicate that the person's blood contained a          164          

concentration of ten-hundredths of one per cent or more by weight  165          

of alcohol, the person's breath contained a concentration of       166          

ten-hundredths of one gram or more by weight of alcohol per two    167          

hundred ten liters of the person's breath, or the person's urine   168          

                                                          5      

                                                                 
contained a concentration of fourteen-hundredths of one gram or    170          

more by weight of alcohol per one hundred milliliters of the       171          

person's urine at the time of the alleged offense, the arresting   173          

officer shall do all of the following:                                          

      (a)  On behalf of the registrar, serve a notice of           175          

suspension upon the person that advises the person that,           176          

independent of any penalties or sanctions imposed upon the person  178          

pursuant to any other section of the Revised Code or any other                  

municipal ordinance, the person's driver's or commercial driver's  180          

license or permit or nonresident operating privilege is            181          

suspended, that the suspension takes effect immediately, that the  182          

suspension will last at least until the person's initial           183          

appearance on the charge that will be held within five days after  185          

the date of the person's arrest or the issuance of a citation to   187          

the person, and that the person may appeal the suspension at the   189          

initial appearance; seize the Ohio or out-of-state driver's or     190          

commercial driver's license or permit of the person; and           191          

immediately forward the seized license or permit to the            192          

registrar.  If the arrested person does not have the person's                   

driver's or commercial driver's license or permit on his or her    193          

person THE PERSON'S SELF or in his or her THE PERSON'S vehicle,    195          

the arresting officer shall order the person to surrender it to    196          

the law enforcement agency that employs the officer within         197          

twenty-four hours after the service of the notice of suspension,   198          

and, upon the surrender, the officer's employing agency            199          

immediately shall forward the license or permit to the registrar.  200          

      (b)  Verify the current residence of the person and, if it   202          

differs from that on the person's driver's or commercial driver's  203          

license or permit, notify the registrar of the change;             204          

      (c)  In addition to forwarding the arrested person's         206          

driver's or commercial driver's license or permit to the           207          

registrar, send to the registrar, within forty-eight hours after   208          

the arrest of the person, a sworn report that includes all of the  209          

following statements:                                              210          

                                                          6      

                                                                 
      (i)  That the officer had reasonable grounds to believe      212          

that, at the time of the arrest, the arrested person was           213          

operating a vehicle upon a highway or public or private property   214          

used by the public for vehicular travel or parking within this     215          

state while under the influence of alcohol, a drug of abuse, or    216          

alcohol and a drug of abuse or with a prohibited concentration of  217          

alcohol in the blood, breath, or urine;                            218          

      (ii)  That the person was arrested and charged with          220          

operating a vehicle while under the influence of alcohol, a drug   221          

of abuse, or alcohol and a drug of abuse or with operating a       222          

vehicle with a prohibited concentration of alcohol in the blood,   223          

breath, or urine;                                                  224          

      (iii)  That the officer asked the person to take the         226          

designated chemical test, advised the person of the consequences   227          

of submitting to the chemical test or refusing to take the         228          

chemical test, and gave the person the form described in division  229          

(C)(2) of this section;                                            230          

      (iv)  That the person refused to submit to the chemical      232          

test or that the person submitted to the chemical test and the     233          

test results indicate that the person's blood contained a          234          

concentration of ten-hundredths of one per cent or more by weight  236          

of alcohol, the person's breath contained a concentration of       237          

ten-hundredths of one gram or more by weight of alcohol per two    238          

hundred ten liters of the person's breath, or the person's urine   239          

contained a concentration of fourteen-hundredths of one gram or    241          

more by weight of alcohol per one hundred milliliters of the       242          

person's urine at the time of the alleged offense;                 244          

      (v)  That the officer served a notice of suspension upon     246          

the person as described in division (D)(1)(a) of this section.     247          

      (2)  The sworn report of an arresting officer completed      249          

under division (D)(1)(c) of this section shall be given by the     250          

officer to the arrested person at the time of the arrest or sent   251          

to the person by regular first class mail by the registrar as      252          

soon thereafter as possible, but no later than fourteen days       253          

                                                          7      

                                                                 
after receipt of the report.  An arresting officer may give an     254          

unsworn report to the arrested person at the time of the arrest    255          

provided the report is complete when given to the arrested person  256          

and subsequently is sworn to by the arresting officer.  As soon    257          

as possible, but no later than forty-eight hours after the arrest  258          

of the person, the arresting officer shall send a copy of the      259          

sworn report to the court in which the arrested person is to       260          

appear on the charge for which the person was arrested.            261          

      (3)  The sworn report of an arresting officer completed and  263          

sent to the registrar and the court under divisions (D)(1)(c) and  264          

(D)(2) of this section is prima-facie proof of the information     265          

and statements that it contains and shall be admitted and          266          

considered as prima-facie proof of the information and statements  267          

that it contains in any appeal under division (H) of this section  268          

relative to any suspension of a person's driver's or commercial    269          

driver's license or permit or nonresident operating privilege      270          

that results from the arrest covered by the report.                271          

      (E)(1)  Upon receipt of the sworn report of an arresting     273          

officer completed and sent to the registrar and a court pursuant   274          

to divisions (D)(1)(c) and (D)(2) of this section in regard to a   275          

person who refused to take the designated chemical test, the       276          

registrar shall enter into the registrar's records the fact that   278          

the person's driver's or commercial driver's license or permit or  279          

nonresident operating privilege was suspended by the arresting     280          

officer under division (D)(1)(a) of this section and the period    281          

of the suspension, as determined under divisions (E)(1)(a) to (d)  282          

of this section.  The suspension shall be subject to appeal as     283          

provided in this section and shall be for whichever of the         284          

following periods applies:                                         285          

      (a)  If the arrested person, within five years of the date   287          

on which the person refused the request to consent to the          288          

chemical test, had not refused a previous request to consent to a  290          

chemical test of the person's blood, breath, or urine to           291          

determine its alcohol content, the period of suspension shall be   293          

                                                          8      

                                                                 
one year.  If the person is a resident without a license or        294          

permit to operate a vehicle within this state, the registrar       295          

shall deny to the person the issuance of a driver's or commercial  296          

driver's license or permit for a period of one year after the      297          

date of the alleged violation.                                                  

      (b)  If the arrested person, within five years of the date   299          

on which the person refused the request to consent to the          300          

chemical test, had refused one previous request to consent to a    302          

chemical test of the person's blood, breath, or urine to           303          

determine its alcohol content, the period of suspension or denial  305          

shall be two years.                                                             

      (c)  If the arrested person, within five years of the date   307          

on which the person refused the request to consent to the          308          

chemical test, had refused two previous requests to consent to a   310          

chemical test of the person's blood, breath, or urine to           311          

determine its alcohol content, the period of suspension or denial  313          

shall be three years.                                                           

      (d)  If the arrested person, within five years of the date   315          

on which the person refused the request to consent to the          316          

chemical test, had refused three or more previous requests to      318          

consent to a chemical test of the person's blood, breath, or       319          

urine to determine its alcohol content, the period of suspension   321          

or denial shall be five years.                                     322          

      (2)  The suspension or denial imposed under division (E)(1)  324          

of this section shall continue for the entire one-year, two-year,  325          

three-year, or five-year period, subject to appeal as provided in  326          

this section and subject to termination as provided in division    327          

(K) of this section.                                               328          

      (F)  Upon receipt of the sworn report of an arresting        330          

officer completed and sent to the registrar and a court pursuant   331          

to divisions (D)(1)(c) and (D)(2) of this section in regard to a   332          

person whose test results indicate that the person's blood         333          

contained a concentration of ten-hundredths of one per cent or     335          

more by weight of alcohol, the person's breath contained a         336          

                                                          9      

                                                                 
concentration of ten-hundredths of one gram or more by weight of   337          

alcohol per two hundred ten liters of the person's breath, or the  339          

person's urine contained a concentration of fourteen-hundredths    340          

of one gram or more by weight of alcohol per one hundred           341          

milliliters of the person's urine at the time of the alleged       342          

offense, the registrar shall enter into the registrar's records    343          

the fact that the person's driver's or commercial driver's         345          

license or permit or nonresident operating privilege was                        

suspended by the arresting officer under division (D)(1)(a) of     346          

this section and the period of the suspension, as determined       347          

under divisions (F)(1) to (4) of this section.  The suspension     348          

shall be subject to appeal as provided in this section and shall   349          

be for whichever of the following periods that applies:            350          

      (1)  Except when division (F)(2), (3), or (4) of this        352          

section applies and specifies a different period of suspension or  353          

denial, the period of the suspension or denial shall be ninety     354          

days.                                                                           

      (2)  If the person has been convicted, within six years of   356          

the date the test was conducted, of one violation of division (A)  359          

or (B) of section 4511.19 of the Revised Code, a municipal         360          

ordinance relating to operating a vehicle while under the          361          

influence of alcohol, a drug of abuse, or alcohol and a drug of    362          

abuse, a municipal ordinance relating to operating a vehicle with  363          

a prohibited concentration of alcohol in the blood, breath, or     364          

urine, section 2903.04 of the Revised Code in a case in which the  365          

offender was subject to the sanctions described in division (D)    366          

of that section, or section 2903.06, 2903.07, or 2903.08 of the    367          

Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  368          

the jury or judge found that at the time of the commission of the  369          

offense the offender was under the influence of alcohol, a drug    370          

of abuse, or alcohol and a drug of abuse, or a statute of the      371          

United States or of any other state or a municipal ordinance of a  372          

municipal corporation located in any other state that is           373          

                                                          10     

                                                                 
substantially similar to division (A) or (B) of section 4511.19    374          

of the Revised Code, the period of the suspension or denial shall  375          

be one year.                                                                    

      (3)  If the person has been convicted, within six years of   377          

the date the test was conducted, of two violations of a statute    378          

or ordinance described in division (F)(2) of this section, the     380          

period of the suspension or denial shall be two years.                          

      (4)  If the person has been convicted, within six years of   382          

the date the test was conducted, of more than two violations of a  383          

statute or ordinance described in division (F)(2) of this          384          

section, the period of the suspension or denial shall be three     385          

years.                                                             386          

      (G)(1)  A suspension of a person's driver's or commercial    388          

driver's license or permit or nonresident operating privilege      389          

under division (D)(1)(a) of this section for the period of time    390          

described in division (E) or (F) of this section is effective      391          

immediately from the time at which the arresting officer serves    392          

the notice of suspension upon the arrested person.  Any            393          

subsequent finding that the person is not guilty of the charge     394          

that resulted in the person being requested to take, or in the     396          

person taking, the chemical test or tests under division (A) of    397          

this section affects the suspension only as described in division  398          

(H)(2) of this section.                                            399          

      (2)  If a person is arrested for operating a vehicle while   401          

under the influence of alcohol, a drug of abuse, or alcohol and a  402          

drug of abuse or for operating a vehicle with a prohibited         403          

concentration of alcohol in the blood, breath, or urine and        404          

regardless of whether the person's driver's or commercial          405          

driver's license or permit or nonresident operating privilege is   406          

or is not suspended under division (E) or (F) of this section,     407          

the person's initial appearance on the charge resulting from the   408          

arrest shall be held within five days of the person's arrest or    409          

the issuance of the citation to the person, subject to any         410          

continuance granted by the court pursuant to division (H)(1) of    412          

                                                          11     

                                                                 
this section regarding the issues specified in that division.      413          

      (H)(1)  If a person is arrested for operating a vehicle      415          

while under the influence of alcohol, a drug of abuse, or alcohol  416          

and a drug of abuse or for operating a vehicle with a prohibited   417          

concentration of alcohol in the blood, breath, or urine and if     418          

the person's driver's or commercial driver's license or permit or  419          

nonresident operating privilege is suspended under division (E)    420          

or (F) of this section, the person may appeal the suspension at    421          

the person's initial appearance on the charge resulting from the   424          

arrest in the court in which the person will appear on that        425          

charge.  If the person appeals the suspension at the person's      426          

initial appearance, the appeal does not stay the operation of the  427          

suspension.  Subject to division (H)(2) of this section, no court  428          

has jurisdiction to grant a stay of a suspension imposed under     429          

division (E) or (F) of this section, and any order issued by any   430          

court that purports to grant a stay of any suspension imposed      431          

under either of those divisions shall not be given administrative  432          

effect.                                                                         

      If the person appeals the suspension at the person's         434          

initial appearance, either the person or the registrar may         435          

request a continuance of the appeal.  Either the person or the     437          

registrar shall make the request for a continuance of the appeal   438          

at the same time as the making of the appeal.  If either the       439          

person or the registrar requests a continuance of the appeal, the  440          

court may grant the continuance.  The court also may continue the  441          

appeal on its own motion.  The granting of a continuance applies   442          

only to the conduct of the appeal of the suspension and does not   443          

extend the time within which the initial appearance must be        444          

conducted, and the court shall proceed with all other aspects of   445          

the initial appearance in accordance with its normal procedures.   446          

Neither the request for nor the granting of a continuance stays    447          

the operation of the suspension that is the subject of the         448          

appeal.                                                                         

      If the person appeals the suspension at the person's         450          

                                                          12     

                                                                 
initial appearance, the scope of the appeal is limited to          451          

determining whether one or more of the following conditions have   452          

not been met:                                                      453          

      (a)  Whether the law enforcement officer had reasonable      455          

ground to believe the arrested person was operating a vehicle      456          

upon a highway or public or private property used by the public    457          

for vehicular travel or parking within this state while under the  458          

influence of alcohol, a drug of abuse, or alcohol and a drug of    459          

abuse or with a prohibited concentration of alcohol in the blood,  460          

breath, or urine and whether the arrested person was in fact       461          

placed under arrest;                                               462          

      (b)  Whether the law enforcement officer requested the       464          

arrested person to submit to the chemical test designated          465          

pursuant to division (A) of this section;                          466          

      (c)  Whether the arresting officer informed the arrested     468          

person of the consequences of refusing to be tested or of          469          

submitting to the test;                                            470          

      (d)  Whichever of the following is applicable:               472          

      (i)  Whether the arrested person refused to submit to the    474          

chemical test requested by the officer;                            475          

      (ii)  Whether the chemical test results indicate that the    477          

arrested person's blood contained a concentration of               478          

ten-hundredths of one per cent or more by weight of alcohol, the   480          

person's breath contained a concentration of ten-hundredths of     482          

one gram or more by weight of alcohol per two hundred ten liters   483          

of the person's breath, or the person's urine contained a          484          

concentration of fourteen-hundredths of one gram or more by        486          

weight of alcohol per one hundred milliliters of the person's      487          

urine at the time of the alleged offense.                                       

      (2)  If the person appeals the suspension at the initial     489          

appearance, the judge or referee of the court or the mayor of the  490          

mayor's court shall determine whether one or more of the           491          

conditions specified in divisions (H)(1)(a) to (d) of this         492          

section have not been met.  The person who appeals the suspension  493          

                                                          13     

                                                                 
has the burden of proving, by a preponderance of the evidence,     494          

that one or more of the specified conditions has not been met.     495          

If during the appeal at the initial appearance the judge or        496          

referee of the court or the mayor of the mayor's court determines  497          

that all of those conditions have been met, the judge, referee,    498          

or mayor shall uphold the suspension, shall continue the           499          

suspension, and shall notify the registrar of the decision on a    500          

form approved by the registrar.  Except as otherwise provided in   501          

division (H)(2) of this section, if the suspension is upheld or    502          

if the person does not appeal the suspension at the person's       503          

initial appearance under division (H)(1) of this section, the      504          

suspension shall continue until the complaint alleging the         505          

violation for which the person was arrested and in relation to     506          

which the suspension was imposed is adjudicated on the merits by   507          

the judge or referee of the trial court or by the mayor of the     508          

mayor's court.  If the suspension was imposed under division (E)   509          

of this section and it is continued under this division, any       510          

subsequent finding that the person is not guilty of the charge     511          

that resulted in the person being requested to take the chemical   512          

test or tests under division (A) of this section does not          513          

terminate or otherwise affect the suspension.  If the suspension   514          

was imposed under division (F) of this section and it is           515          

continued under this division, the suspension shall terminate if,  516          

for any reason, the person subsequently is found not guilty of     517          

the charge that resulted in the person taking the chemical test    518          

or tests under division (A) of this section.                       519          

      If, during the appeal at the initial appearance, the judge   521          

or referee of the trial court or the mayor of the mayor's court    522          

determines that one or more of the conditions specified in         523          

divisions (H)(1)(a) to (d) of this section have not been met, the  524          

judge, referee, or mayor shall terminate the suspension, subject   525          

to the imposition of a new suspension under division (B) of        526          

section 4511.196 of the Revised Code; shall notify the registrar   527          

of the decision on a form approved by the registrar; and, except   528          

                                                          14     

                                                                 
as provided in division (B) of section 4511.196 of the Revised     530          

Code, shall order the registrar to return the driver's or          531          

commercial driver's license or permit to the person or to take     532          

such measures as may be necessary, if the license or permit was    533          

destroyed under section 4507.55 of the Revised Code, to permit     534          

the person to obtain a replacement driver's or commercial          535          

driver's license or permit from the registrar or a deputy          536          

registrar in accordance with that section.  The court also shall   537          

issue to the person a court order, valid for not more than ten     538          

days from the date of issuance, granting the person operating      539          

privileges for that period of time.                                             

      If the person appeals the suspension at the initial          541          

appearance, the registrar shall be represented by the prosecuting  542          

attorney of the county in which the arrest occurred if the         543          

initial appearance is conducted in a juvenile court or county      544          

court, except that if the arrest occurred within a city or         545          

village within the jurisdiction of the county court in which the   546          

appeal is conducted, the city director of law or village           547          

solicitor of that city or village shall represent the registrar.   548          

If the appeal is conducted in a municipal court, the registrar     549          

shall be represented as provided in section 1901.34 of the         550          

Revised Code.  If the appeal is conducted in a mayor's court, the  551          

registrar shall be represented by the city director of law,        552          

village solicitor, or other chief legal officer of the municipal   553          

corporation that operates that mayor's court.                      554          

      (I)(1)  If a person's driver's or commercial driver's        556          

license or permit or nonresident operating privilege has been      557          

suspended pursuant to division (E) of this section, and the        558          

person, within the preceding seven years, has refused three        559          

previous requests to consent to a chemical test of the person's    561          

blood, breath, or urine to determine its alcohol content or has                 

been convicted of or pleaded guilty to three or more violations    562          

of division (A) or (B) of section 4511.19 of the Revised Code, a   563          

municipal ordinance relating to operating a vehicle while under    564          

                                                          15     

                                                                 
the influence of alcohol, a drug of abuse, or alcohol and a drug   565          

of abuse, a municipal ordinance relating to operating a vehicle    566          

with a prohibited concentration of alcohol in the blood, breath,   567          

or urine, section 2903.04 of the Revised Code in a case in which   568          

the person was subject to the sanctions described in division (D)  569          

of that section, or section 2903.06, 2903.07, or 2903.08 of the    570          

Revised Code or a municipal ordinance that is substantially        571          

similar to section 2903.07 of the Revised Code in a case in which  572          

the jury or judge found that the person was under the influence    573          

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  574          

statute of the United States or of any other state or a municipal  575          

ordinance of a municipal corporation located in any other state    576          

that is substantially similar to division (A) or (B) of section    577          

4511.19 of the Revised Code, the person is not entitled to         578          

request, and the court shall not grant to the person,              579          

occupational driving privileges under this division.  Any other    580          

person whose driver's or commercial driver's license or            581          

nonresident operating privilege has been suspended pursuant to     582          

division (E) of this section may file a petition requesting        583          

occupational driving privileges in the common pleas court,                      

municipal court, county court, mayor's court, or, if the person    584          

is a minor, juvenile court with jurisdiction over the related      586          

criminal or delinquency case.  The petition may be filed at any    587          

time subsequent to the date on which the notice of suspension is   588          

served upon the arrested person.  The person shall pay the costs   589          

of the proceeding, notify the registrar of the filing of the       590          

petition, and send the registrar a copy of the petition.           591          

      In the proceedings, the registrar shall be represented by    593          

the prosecuting attorney of the county in which the arrest         594          

occurred if the petition is filed in the juvenile court, county    595          

court, or common pleas court, except that, if the arrest occurred  596          

within a city or village within the jurisdiction of the county     598          

court in which the petition is filed, the city director of law or  599          

village solicitor of that city or village shall represent the      600          

                                                          16     

                                                                 
registrar.  If the petition is filed in the municipal court, the   601          

registrar shall be represented as provided in section 1901.34 of   602          

the Revised Code.  If the petition is filed in a mayor's court,    603          

the registrar shall be represented by the city director of law,    604          

village solicitor, or other chief legal officer of the municipal   605          

corporation that operates the mayor's court.                                    

      The court, if it finds reasonable cause to believe that      607          

suspension would seriously affect the person's ability to          608          

continue in the person's employment, may grant the person          609          

occupational driving privileges during the period of suspension    611          

imposed pursuant to division (E) of this section, subject to the   612          

limitations contained in this division and division (I)(2) of      613          

this section.  The court may grant the occupational driving        614          

privileges, subject to the limitations contained in this division  615          

and division (I)(2) of this section, regardless of whether the     616          

person appeals the suspension at the person's initial appearance   618          

under division (H)(1) of this section or appeals the decision of   619          

the court made pursuant to the appeal conducted at the initial     620          

appearance, and, if the person has appealed the suspension or      621          

decision, regardless of whether the matter at issue has been       622          

heard or decided by the court.  The court shall not grant          623          

occupational driving privileges to any person who, within seven    624          

years of the filing of the petition, has refused three previous    625          

requests to consent to a chemical test of the person's blood,      627          

breath, or urine to determine its alcohol content or has been      628          

convicted of or pleaded guilty to three or more violations of      629          

division (A) or (B) of section 4511.19 of the Revised Code, a      630          

municipal ordinance relating to operating a vehicle while under    631          

the influence of alcohol, a drug of abuse, or alcohol and a drug   632          

of abuse, a municipal ordinance relating to operating a vehicle    633          

with a prohibited concentration of alcohol in the blood, breath,   634          

or urine, section 2903.04 of the Revised Code in a case in which   635          

the person was subject to the sanctions described in division (D)  636          

of that section, or section 2903.06, 2903.07, or 2903.08 of the    637          

                                                          17     

                                                                 
Revised Code or a municipal ordinance that is substantially        638          

similar to section 2903.07 of the Revised Code in a case in which  639          

the jury or judge found that the person was under the influence    640          

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  641          

statute of the United States or of any other state or a municipal  642          

ordinance of a municipal corporation located in any other state    643          

that is substantially similar to division (A) or (B) of section    644          

4511.19 of the Revised Code, and shall not grant occupational      645          

driving privileges for employment as a driver of commercial motor  646          

vehicles to any person who is disqualified from operating a        647          

commercial motor vehicle under section 2301.374 or 4506.16 of the  648          

Revised Code.                                                                   

      (2)(a)  In granting occupational driving privileges under    650          

division (I)(1) of this section, the court may impose any          651          

condition it considers reasonable and necessary to limit the use   652          

of a vehicle by the person.  The court shall deliver to the        653          

person a permit card, in a form to be prescribed by the court,     654          

setting forth the time, place, and other conditions limiting the   655          

defendant's use of a vehicle.  The grant of occupational driving   656          

privileges shall be conditioned upon the person's having the       657          

permit in the person's possession at all times during which the    659          

person is operating a vehicle.                                     660          

      A person granted occupational driving privileges who         662          

operates a vehicle for other than occupational purposes, in        663          

violation of any condition imposed by the court, or without        664          

having the permit in the person's possession, is guilty of a       665          

violation of section 4507.02 of the Revised Code.                  667          

      (b)  The court may not grant a person occupational driving   669          

privileges under division (I)(1) of this section when prohibited   670          

by a limitation contained in that division or during any of the    671          

following periods of time:                                         672          

      (i)  The first thirty days of suspension imposed upon a      674          

person who, within five years of the date on which the person      675          

refused the request to consent to a chemical test of the person's  677          

                                                          18     

                                                                 
blood, breath, or urine to determine its alcohol content and for   679          

which refusal the suspension was imposed, had not refused a        680          

previous request to consent to a chemical test of the person's     681          

blood, breath, or urine to determine its alcohol content;          683          

      (ii)  The first ninety days of suspension imposed upon a     685          

person who, within five years of the date on which the person      686          

refused the request to consent to a chemical test of the person's  688          

blood, breath, or urine to determine its alcohol content and for   690          

which refusal the suspension was imposed, had refused one          691          

previous request to consent to a chemical test of the person's     692          

blood, breath, or urine to determine its alcohol content;          694          

      (iii)  The first year of suspension imposed upon a person    696          

who, within five years of the date on which the person refused     698          

the request to consent to a chemical test of the person's blood,   700          

breath, or urine to determine its alcohol content and for which    701          

refusal the suspension was imposed, had refused two previous       702          

requests to consent to a chemical test of the person's blood,      703          

breath, or urine to determine its alcohol content;                 705          

      (iv)  The first three years of suspension imposed upon a     707          

person who, within five years of the date on which the person      708          

refused the request to consent to a chemical test of the person's  710          

blood, breath, or urine to determine its alcohol content and for   712          

which refusal the suspension was imposed, had refused three or     713          

more previous requests to consent to a chemical test of the        714          

person's blood, breath, or urine to determine its alcohol          716          

content.                                                                        

      (3)  The court shall give information in writing of any      718          

action taken under this section to the registrar.                  719          

      (4)  If a person's driver's or commercial driver's license   721          

or permit or nonresident operating privilege has been suspended    722          

pursuant to division (F) of this section, and the person, within   723          

the preceding seven years, has been convicted of or pleaded        724          

guilty to three or more violations of division (A) or (B) of       725          

section 4511.19 of the Revised Code, a municipal ordinance         726          

                                                          19     

                                                                 
relating to operating a vehicle while under the influence of       727          

alcohol, a drug of abuse, or alcohol and a drug of abuse, a        728          

municipal ordinance relating to operating a vehicle with a         729          

prohibited concentration of alcohol in the blood, breath, or       730          

urine, section 2903.04 of the Revised Code in a case in which the  731          

person was subject to the sanctions described in division (D) of   732          

that section, or section 2903.06, 2903.07, or 2903.08 of the       733          

Revised Code or a municipal ordinance that is substantially        734          

similar to section 2903.07 of the Revised Code in a case in which  735          

the jury or judge found that the person was under the influence    736          

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  737          

statute of the United States or of any other state or a municipal  738          

ordinance of a municipal corporation located in any other state    740          

that is substantially similar to division (A) or (B) of section    741          

4511.19 of the Revised Code, the person is not entitled to         742          

request, and the court shall not grant to the person,              743          

occupational driving privileges under this division.  Any other    744          

person whose driver's or commercial driver's license or            745          

nonresident operating privilege has been suspended pursuant to     746          

division (F) of this section may file in the court specified in    747          

division (I)(1) of this section a petition requesting              748          

occupational driving privileges in accordance with section         749          

4507.16 of the Revised Code.  The petition may be filed at any     750          

time subsequent to the date on which the arresting officer serves  751          

the notice of suspension upon the arrested person.  Upon the       752          

making of the request, occupational driving privileges may be                   

granted in accordance with section 4507.16 of the Revised Code.    753          

The court may grant the occupational driving privileges, subject   754          

to the limitations contained in section 4507.16 of the Revised     755          

Code, regardless of whether the person appeals the suspension at   756          

the person's initial appearance under division (H)(1) of this      758          

section or appeals the decision of the court made pursuant to the  759          

appeal conducted at the initial appearance, and, if the person     760          

has appealed the suspension or decision, regardless of whether     761          

                                                          20     

                                                                 
the matter at issue has been heard or decided by the court.        762          

      (J)  When it finally has been determined under the           764          

procedures of this section that a nonresident's privilege to       765          

operate a vehicle within this state has been suspended, the        766          

registrar shall give information in writing of the action taken    767          

to the motor vehicle administrator of the state of the person's    768          

residence and of any state in which the person has a license.      769          

      (K)  A suspension of the driver's or commercial driver's     771          

license or permit of a resident, a suspension of the operating     772          

privilege of a nonresident, or a denial of a driver's or           773          

commercial driver's license or permit for refusal to submit to a   774          

chemical test to determine the alcohol, drug, or alcohol and drug  775          

content of the person's blood, breath, or urine pursuant to        776          

division (E) OR (F) of this section, shall be terminated by the    778          

registrar upon receipt of notice of the person's entering a plea   779          

of guilty to, or of the person's conviction after entering a plea  780          

of no contest under Criminal Rule 11 to OF, operating a vehicle    781          

while under the influence of alcohol, a drug of abuse, or alcohol  782          

and a drug of abuse or with a prohibited concentration of alcohol  783          

in the blood, breath, or urine, if the offense for which the plea  784          

is entered OR THAT RESULTED IN THE CONVICTION arose from the same  785          

incident that led to the suspension or denial.                     786          

      The registrar shall credit against any judicial suspension   788          

of a person's driver's or commercial driver's license or permit    789          

or nonresident operating privilege imposed pursuant to division    790          

(B) or (E) of section 4507.16 of the Revised Code any time during  791          

which the person serves a related suspension imposed pursuant to   792          

division (E) or (F) of this section.                               793          

      (L)  At the end of a suspension period under this section,   795          

section 4511.196, or division (B) of section 4507.16 of the        796          

Revised Code and upon the request of the person whose driver's or  797          

commercial driver's license or permit was suspended and who is     798          

not otherwise subject to suspension, revocation, or                799          

disqualification, the registrar shall return the driver's or       800          

                                                          21     

                                                                 
commercial driver's license or permit to the person upon the       801          

occurrence of PERSON'S COMPLIANCE WITH all of the following        803          

CONDITIONS SPECIFIED IN DIVISIONS (L)(1) AND (2) OF THIS SECTION:  804          

      (1)  A showing by the person that the person had HAS proof   806          

of financial responsibility, a policy of liability insurance in    808          

effect that meets the minimum standards set forth in section       809          

4509.51 of the Revised Code, or proof, to the satisfaction of the  810          

registrar, that the person is able to respond in damages in an     811          

amount at least equal to the minimum amounts specified in section  812          

4509.51 of the Revised Code.                                       813          

      (2)  Payment SUBJECT TO THE LIMITATION CONTAINED IN          815          

DIVISION (L)(3) OF THIS SECTION, PAYMENT by the person of a        816          

license reinstatement fee of two FOUR hundred eighty FIVE dollars  818          

to the bureau of motor vehicles, which fee shall be deposited in   821          

the state treasury and credited as follows:                        822          

      (a)  Seventy-five ONE HUNDRED TWELVE dollars AND FIFTY       824          

CENTS shall be credited to the drivers' treatment and              826          

intervention fund, which is hereby established.  The fund shall    827          

be used to pay the costs of driver treatment and intervention      828          

programs operated pursuant to sections 3793.02 and 3793.10 of the  829          

Revised Code.  The director of alcohol and drug addiction          830          

services shall determine the share of the fund that is to be       831          

allocated to alcohol and drug addiction programs authorized by     832          

section 3793.02 of the Revised Code, and the share of the fund                  

that is to be allocated to drivers' intervention programs          833          

authorized by section 3793.10 of the Revised Code.                 834          

      (b)  Fifty SEVENTY-FIVE dollars shall be credited to the     836          

reparations fund created by section 2743.191 of the Revised Code.  838          

      (c)  Twenty-five THIRTY-SEVEN dollars AND FIFTY CENTS shall  841          

be credited to the indigent drivers alcohol treatment fund, which  842          

is hereby established.  Except as otherwise provided in division   843          

(L)(2)(c) of this section, moneys in the fund shall be             844          

distributed by the department of alcohol and drug addiction        845          

services to the county indigent drivers alcohol treatment funds,   847          

                                                          22     

                                                                 
the county juvenile indigent drivers alcohol treatment funds, and  848          

the municipal indigent drivers alcohol treatment funds that are                 

required to be established by counties and municipal corporations  849          

pursuant to division (N) of this section, and shall be used only   850          

to pay the cost of an alcohol and drug addiction treatment         851          

program attended by an offender or juvenile traffic offender who   852          

is ordered to attend an alcohol and drug addiction treatment       853          

program by a county, juvenile, or municipal court judge and who    854          

is determined by the county, juvenile, or municipal court judge    855          

not to have the means to pay for attendance at the program OR TO   856          

PAY THE COSTS SPECIFIED IN DIVISION (N)(4) OF THIS SECTION IN      857          

ACCORDANCE WITH THAT DIVISION.  Moneys in the fund that are not    858          

distributed to a county indigent drivers alcohol treatment fund,   859          

a county juvenile indigent drivers alcohol treatment fund, or a    860          

municipal indigent drivers alcohol treatment fund under division   861          

(N) of this section because the director of alcohol and drug       862          

addiction services does not have the information necessary to      863          

identify the county or municipal corporation where the offender    864          

or juvenile offender was arrested may be transferred by the        865          

director of budget and management to the drivers' treatment and    866          

intervention fund, created in division (L)(2)(a) of this section,  867          

upon certification of the amount by the director of alcohol and                 

drug addiction services.                                           868          

      (d)  Fifty SEVENTY-FIVE dollars shall be credited to the     870          

Ohio rehabilitation services commission established by section     871          

3304.12 of the Revised Code, to the services for rehabilitation    872          

fund, which is hereby established.  The fund shall be used to      873          

match available federal matching funds where appropriate, and for  874          

any other purpose or program of the commission to rehabilitate     875          

people with disabilities to help them become employed and          876          

independent.                                                                    

      (e)  Fifty SEVENTY-FIVE dollars shall be deposited into the  878          

state treasury and credited to the drug abuse resistance           880          

education programs fund, which is hereby established, to be used   881          

                                                          23     

                                                                 
by the attorney general for the purposes specified in division     882          

(L)(2)(e)(4) of this section.                                      883          

      (f)  Thirty dollars shall be credited to the state bureau    885          

of motor vehicles fund created by section 4501.25 of the Revised   886          

Code.                                                                           

      (3)  IF A PERSON'S DRIVER'S OR COMMERCIAL DRIVER'S LICENSE   888          

OR PERMIT IS SUSPENDED UNDER DIVISION (E) OR (F) OF THIS SECTION,  890          

SECTION 4511.196, OR DIVISION (B) OF SECTION 4507.16 OF THE        891          

REVISED CODE, OR ANY COMBINATION OF THE SUSPENSIONS DESCRIBED IN   892          

DIVISION (L)(3) OF THIS SECTION, AND IF THE SUSPENSIONS ARISE      893          

FROM A SINGLE INCIDENT OR A SINGLE SET OF FACTS AND                             

CIRCUMSTANCES, THE PERSON IS LIABLE FOR PAYMENT OF, AND SHALL BE   894          

REQUIRED TO PAY TO THE BUREAU, ONLY ONE REINSTATEMENT FEE OF FOUR  895          

HUNDRED FIVE DOLLARS.  THE REINSTATEMENT FEE SHALL BE DISTRIBUTED  896          

BY THE BUREAU IN ACCORDANCE WITH DIVISION (L)(2) OF THIS SECTION.  897          

      (4)  The attorney general shall use amounts in the drug      899          

abuse resistance education programs fund to award grants to law    900          

enforcement agencies to establish and implement drug abuse         901          

resistance education programs in public schools.  Grants awarded   902          

to a law enforcement agency under division (L)(2)(e) of this       903          

section shall be used by the agency to pay for not more than       904          

fifty per cent of the amount of the salaries of law enforcement    905          

officers who conduct drug abuse resistance education programs in   906          

public schools.  The attorney general shall not use more than six  907          

per cent of the amounts the attorney general's office receives     909          

under division (L)(2)(e) of this section to pay the costs it       910          

incurs in administering the grant program established by division  911          

(L)(2)(e) of this section and in providing training and materials  912          

relating to drug abuse resistance education programs.              913          

      The attorney general shall report to the governor and the    915          

general assembly each fiscal year on the progress made in          916          

establishing and implementing drug abuse resistance education      917          

programs.  These reports shall include an evaluation of the        918          

effectiveness of these programs.                                   919          

                                                          24     

                                                                 
      (M)  Suspension of a commercial driver's license under       921          

division (E) or (F) of this section shall be concurrent with any   922          

period of disqualification under section 2301.374 or 4506.16 of    923          

the Revised Code.  No person who is disqualified for life from     924          

holding a commercial driver's license under section 4506.16 of     925          

the Revised Code shall be issued a driver's license under Chapter  926          

4507. of the Revised Code during the period for which the          927          

commercial driver's license was suspended under division (E) or    928          

(F) of this section, and no person whose commercial driver's       929          

license is suspended under division (E) or (F) of this section     930          

shall be issued a driver's license under that chapter during the   931          

period of the suspension.                                          932          

      (N)(1)  Each county shall establish an indigent drivers      934          

alcohol treatment fund, each county shall establish a juvenile     935          

indigent drivers alcohol treatment fund, and each municipal        936          

corporation in which there is a municipal court shall establish    937          

an indigent drivers alcohol treatment fund.  All revenue that the  938          

general assembly appropriates to the indigent drivers alcohol      939          

treatment fund for transfer to a county indigent drivers alcohol   940          

treatment fund, a county juvenile indigent drivers alcohol         941          

treatment fund, or a municipal indigent drivers alcohol treatment  942          

fund, all portions of fees that are paid under division (L) of     943          

this section and that are credited under that division to the      944          

indigent drivers alcohol treatment fund in the state treasury for  945          

a county indigent drivers alcohol treatment fund, a county         946          

juvenile indigent drivers alcohol treatment fund, or a municipal   947          

indigent drivers alcohol treatment fund, and all portions of       948          

fines that are specified for deposit into a county or municipal    949          

indigent drivers alcohol treatment fund by section 4511.193 of     950          

the Revised Code shall be deposited into that county indigent      951          

drivers alcohol treatment fund, county juvenile indigent drivers   952          

alcohol treatment fund, or municipal indigent drivers alcohol      953          

treatment fund in accordance with division (N)(2) of this          954          

section.  Additionally, all portions of fines that are paid for a  955          

                                                          25     

                                                                 
violation of section 4511.19 of the Revised Code or division       956          

(B)(2) of section 4507.02 of the Revised Code, and that are        957          

required under division (A)(1) or (2) of section 4511.99 or        958          

division (B)(5) of section 4507.99 of the Revised Code to be       959          

deposited into a county indigent drivers alcohol treatment fund    960          

or municipal indigent drivers alcohol treatment fund shall be      961          

deposited into the appropriate fund in accordance with the         962          

applicable division.                                               963          

      (2)  That portion of the license reinstatement fee that is   965          

paid under division (L) of this section and that is credited       966          

under that division to the indigent drivers alcohol treatment      967          

fund shall be deposited into a county indigent drivers alcohol     968          

treatment fund, a county juvenile indigent drivers alcohol         969          

treatment fund, or a municipal indigent drivers alcohol treatment  970          

fund as follows:                                                   971          

      (a)  If the suspension in question was imposed under this    973          

section, that portion of the fee shall be deposited as follows:    974          

      (i)  If the fee is paid by a person who was charged in a     976          

county court with the violation that resulted in the suspension,   977          

the portion shall be deposited into the county indigent drivers    978          

alcohol treatment fund under the control of that court;            979          

      (ii)  If the fee is paid by a person who was charged in a    981          

juvenile court with the violation that resulted in the             982          

suspension, the portion shall be deposited into the county         983          

juvenile indigent drivers alcohol treatment fund established in    984          

the county served by the court;                                    985          

      (iii)  If the fee is paid by a person who was charged in a   987          

municipal court with the violation that resulted in the            988          

suspension, the portion shall be deposited into the municipal      989          

indigent drivers alcohol treatment fund under the control of that  990          

court.                                                             991          

      (b)  If the suspension in question was imposed under         993          

division (B) of section 4507.16 of the Revised Code, that portion  994          

of the fee shall be deposited as follows:                          995          

                                                          26     

                                                                 
      (i)  If the fee is paid by a person whose license or permit  997          

was suspended by a county court, the portion shall be deposited    998          

into the county indigent drivers alcohol treatment fund under the  999          

control of that court;                                             1,000        

      (ii)  If the fee is paid by a person whose license or        1,002        

permit was suspended by a municipal court, the portion shall be    1,003        

deposited into the municipal indigent drivers alcohol treatment    1,004        

fund under the control of that court.                              1,005        

      (3)  Expenditures from a county indigent drivers alcohol     1,007        

treatment fund, a county juvenile indigent drivers alcohol         1,008        

treatment fund, or a municipal indigent drivers alcohol treatment  1,009        

fund shall be made only upon the order of a county, juvenile, or   1,010        

municipal court judge and only for payment of the cost of the      1,011        

attendance at an alcohol and drug addiction treatment program of   1,012        

a person who is convicted of, or found to be a juvenile traffic    1,013        

offender by reason of, a violation of division (A) of section      1,014        

4511.19 of the Revised Code or a substantially similar municipal   1,015        

ordinance, who is ordered by the court to attend the alcohol and   1,016        

drug addiction treatment program, and who is determined by the     1,017        

court to be unable to pay the cost of attendance at the treatment  1,019        

program OR FOR PAYMENT OF THE COSTS SPECIFIED IN DIVISION (N)(4)   1,020        

OF THIS SECTION IN ACCORDANCE WITH THAT DIVISION.  The ALCOHOL     1,021        

AND DRUG ADDICTION SERVICES BOARD OR THE board of alcohol, drug                 

addiction, and mental health services established pursuant to      1,023        

section 340.02 OR 340.021 of the Revised Code AND serving the      1,025        

alcohol, drug addiction, and mental health service district in     1,026        

which the court is located shall administer the indigent drivers   1,027        

alcohol treatment program of the court.  When a court orders an    1,028        

offender or juvenile traffic offender to attend an alcohol and     1,029        

drug addiction treatment program, the board shall determine which  1,030        

program is suitable to meet the needs of the offender or juvenile  1,031        

traffic offender, and when a suitable program is located and       1,032        

space is available at the program, the offender or juvenile        1,033        

traffic offender shall attend the program designated by the        1,034        

                                                          27     

                                                                 
board.  A reasonable amount not to exceed five per cent of the     1,035        

amounts credited to and deposited into the county indigent         1,036        

drivers alcohol treatment fund, the county juvenile indigent       1,037        

drivers alcohol treatment fund, or the municipal indigent drivers  1,038        

alcohol treatment fund serving every court whose program is        1,039        

administered by that board shall be paid to the board to cover     1,040        

the costs it incurs in administering those indigent drivers        1,041        

alcohol treatment programs.                                                     

      (4)  IF A COUNTY, JUVENILE, OR MUNICIPAL COURT DETERMINES,   1,043        

IN CONSULTATION WITH THE ALCOHOL AND DRUG ADDICTION SERVICES       1,044        

BOARD OR THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH   1,045        

SERVICES ESTABLISHED PURSUANT TO SECTION 340.02 OR 340.021 OF THE  1,046        

REVISED CODE AND SERVING THE ALCOHOL, DRUG ADDICTION, AND MENTAL   1,047        

HEALTH DISTRICT IN WHICH THE COURT IS LOCATED, THAT THE FUNDS IN   1,048        

THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND, THE COUNTY                  

JUVENILE INDIGENT DRIVERS ALCOHOL TREATMENT FUND, OR THE           1,049        

MUNICIPAL INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE        1,050        

CONTROL OF THE COURT ARE MORE THAN SUFFICIENT TO SATISFY THE       1,051        

PURPOSE FOR WHICH THE FUND WAS ESTABLISHED, AS SPECIFIED IN        1,052        

DIVISIONS (N)(1) TO (3) OF THIS SECTION, THE COURT MAY DECLARE A   1,053        

SURPLUS IN THE FUND.  IF THE COURT DECLARES A SURPLUS IN THE       1,054        

FUND, THE COURT MAY EXPEND THE AMOUNT OF THE SURPLUS IN THE FUND                

FOR ALCOHOL AND DRUG ABUSE ASSESSMENT AND TREATMENT OF PERSONS     1,055        

WHO ARE CHARGED IN THE COURT WITH COMMITTING A CRIMINAL OFFENSE    1,056        

OR WITH BEING A DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER AND  1,057        

IN RELATION TO WHOM BOTH OF THE FOLLOWING APPLY:                   1,058        

      (a)  THE COURT DETERMINES THAT SUBSTANCE ABUSE WAS A         1,060        

CONTRIBUTING FACTOR LEADING TO THE CRIMINAL OR DELINQUENT          1,061        

ACTIVITY OR THE JUVENILE TRAFFIC OFFENSE WITH WHICH THE PERSON IS  1,062        

CHARGED.                                                                        

      (b)  THE COURT DETERMINES THAT THE PERSON IS UNABLE TO PAY   1,065        

THE COST OF THE ALCOHOL AND DRUG ABUSE ASSESSMENT AND TREATMENT                 

FOR WHICH THE SURPLUS MONEY WILL BE USED.                          1,066        

      Section 2.  That existing section 4511.191 of the Revised    1,068        

                                                          28     

                                                                 
Code is hereby repealed.                                           1,069        

      Section 3.  Section 4511.191 of the Revised Code is          1,071        

presented in this act as a composite of the section as amended by  1,072        

both Sub. S.B. 85 and Am. Sub. S.B. 60 of the 122nd General        1,073        

Assembly, with the new language of neither of the acts shown in    1,074        

capital letters.  This is in recognition of the principle stated                

in division (B) of section 1.52 of the Revised Code that such      1,076        

amendments are to be harmonized where not substantively                         

irreconcilable and constitutes a legislative finding that such is  1,077        

the resulting version in effect prior to the effective date of     1,078        

this act.