As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 148  5            

      1999-2000                                                    6            


         REPRESENTATIVES WILLIAMS-TAYLOR-THOMAS-SCHULER-           8            

       TERWILLEGER-LOGAN-PRINGLE-EVANS-HOOD-ROMAN-BATEMAN-         9            

      BENDER-OLMAN-MEAD-HAINES-DAMSCHRODER-COUGHLIN-SCHUCK-        10           

      ROBERTS-NETZLEY-O'BRIEN-BUCHY-PETERSON-VERICH-DISTEL-        11           

        GOODMAN-BARNES-ALLEN-PATTON-FERDERBER-HOLLISTER-           13           

         D. MILLER-KREBS-SALERNO-METELSKY-DePIERO-PERZ-                         

          HOUSEHOLDER-YOUNG-SUTTON-FORD-MAIER-HARTNETT-            14           

        GRENDELL-CORE-TIBERI-METZGER-BOYD-HARRIS-AUSTRIA-          16           

        SENATORS OELSLAGER-WATTS-LATTA-DRAKE-CUPP-MUMPER-                       

              SPADA-McLIN-WACHTMANN-KEARNS-BLESSING                17           


_________________________________________________________________   19           

                          A   B I L L                                           

             To amend sections 109.77, 3781.111, 4503.44,          20           

                4511.69, 4511.99, 4731.99, and 4734.99 and to      21           

                enact sections 4731.481 and 4734.23 of the         22           

                Revised Code to increase the penalties for a       23           

                violation of the special parking privileges        25           

                established for persons with certain                            

                disabilities, to make changes in the application   26           

                process for removable windshield placards, to      27           

                clarify the status of certain enforcement agents   28           

                of the Department of Public Safety in regard to    29           

                completion of a peace officer training program,    30           

                and to declare an emergency.                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 109.77, 3781.111, 4503.44,         34           

4511.69, 4511.99, 4731.99, and 4734.99 be amended and sections     35           

4731.481 and 4734.23 of the Revised Code be enacted to read as     36           

follows:                                                                        

                                                          2      


                                                                 
      Sec. 109.77.  (A)  As used in this section, "felony" has     45           

the same meaning as in section 109.511 of the Revised Code.        46           

      (B)(1)  Notwithstanding any general, special, or local law   49           

or charter to the contrary, and except as otherwise provided in    50           

this section, no person shall receive an original appointment on   51           

a permanent basis as any of the following unless the person        52           

previously has been awarded a certificate by the executive         53           

director of the Ohio peace officer training commission attesting   54           

to the person's satisfactory completion of an approved state,      55           

county, municipal, or department of natural resources peace        56           

officer basic training program:                                                 

      (a)  A peace officer of any county, township, municipal      58           

corporation, regional transit authority, or metropolitan housing   59           

authority;                                                                      

      (b)  A natural resources law enforcement staff officer,      61           

park officer, forest officer, preserve officer, wildlife officer,  63           

or state watercraft officer of the department of natural           64           

resources;                                                                      

      (c)  An employee of a park district under section 511.232    66           

or 1545.13 of the Revised Code;                                    67           

      (d)  An employee of a conservancy district who is            69           

designated pursuant to section 6101.75 of the Revised Code;        70           

      (e)  A state university law enforcement officer;             72           

      (f)  A special police officer employed by the department of  74           

mental health pursuant to section 5119.14 of the Revised Code or   75           

the department of mental retardation and developmental             76           

disabilities pursuant to section 5123.13 of the Revised Code;      77           

      (g)  An enforcement agent of the department of public        80           

safety whom the director of public safety designates under         82           

section 5502.14 of the Revised Code.                                            

      (2)  Every person who is appointed on a temporary basis or   84           

for a probationary term or on other than a permanent basis as any  85           

of the following shall forfeit the appointed position unless the   87           

person previously has completed satisfactorily or, within the      88           

                                                          3      


                                                                 
time prescribed by rules adopted by the attorney general pursuant  89           

to section 109.74 of the Revised Code, satisfactorily completes a  90           

state, county, municipal, or department of natural resources       91           

peace officer basic training program for temporary or              92           

probationary officers and is awarded a certificate by the          93           

director attesting to the satisfactory completion of the program:  94           

      (a)  A peace officer of any county, township, municipal      96           

corporation, regional transit authority, or metropolitan housing   97           

authority;                                                                      

      (b)  A natural resources law enforcement staff officer,      99           

park officer, forest officer, preserve officer, wildlife officer,  101          

or state watercraft officer of the department of natural           102          

resources;                                                                      

      (c)  An employee of a park district under section 511.232    104          

or 1545.13 of the Revised Code;                                    105          

      (d)  An employee of a conservancy district who is            107          

designated pursuant to section 6101.75 of the Revised Code;        108          

      (e)  A special police officer employed by the department of  110          

mental health pursuant to section 5119.14 of the Revised Code or   111          

the department of mental retardation and developmental             112          

disabilities pursuant to section 5123.13 of the Revised Code;      113          

      (f)  An enforcement agent of the department of public        116          

safety whom the director of public safety designates under         118          

section 5502.14 of the Revised Code.                                            

      (3)  For purposes of division (B) of this section, a state,  120          

county, municipal, or department of natural resources peace        121          

officer basic training program, regardless of whether the program  122          

is to be completed by peace officers appointed on a permanent or   123          

temporary, probationary, or other nonpermanent basis, shall        124          

include at least fifteen hours of training in the handling of the  125          

offense of domestic violence, other types of domestic              126          

violence-related offenses and incidents, and protection orders     127          

and consent agreements issued or approved under section 2919.26    128          

or 3113.31 of the Revised Code and at least six hours of crisis    129          

                                                          4      


                                                                 
intervention training.  The requirement to complete fifteen hours  130          

of training in the handling of the offense of domestic violence,   131          

other types of domestic violence-related offenses and incidents,   132          

and protection orders and consent agreements issued or approved    133          

under section 2919.26 or 3113.31 of the Revised Code does not      134          

apply to any person serving as a peace officer on March 27, 1979,  135          

and the requirement to complete six hours of training in crisis    136          

intervention does not apply to any person serving as a peace       137          

officer on April 4, 1985.  Any person who is serving as a peace    138          

officer on April 4, 1985, who terminates that employment after     139          

that date, and who subsequently is hired as a peace officer by     140          

the same or another law enforcement agency shall complete the six  141          

hours of training in crisis intervention within the time           142          

prescribed by rules adopted by the attorney general pursuant to    143          

section 109.742 of the Revised Code.  No peace officer shall have  144          

employment as a peace officer terminated and then be reinstated    145          

with intent to circumvent this section.                            146          

      (4)  Division (B) of this section does not apply to any      148          

person serving on a permanent basis on March 28, 1985, as a park   149          

officer, forest officer, preserve officer, wildlife officer, or    150          

state watercraft officer of the department of natural resources    151          

or as an employee of a park district under section 511.232 or      152          

1545.13 of the Revised Code, to any person serving on a permanent  153          

basis on March 6, 1986, as an employee of a conservancy district   154          

designated pursuant to section 6101.75 of the Revised Code, to     155          

any person serving on a permanent basis on January 10, 1991, as a  156          

preserve officer of the department of natural resources, to any    158          

person employed on a permanent basis on July 2, 1992, as a                      

special police officer by the department of mental health          160          

pursuant to section 5119.14 of the Revised Code or by the          161          

department of mental retardation and developmental disabilities    162          

pursuant to section 5123.13 of the Revised Code, or to any person  163          

serving on a permanent basis on June 19, 1978, as a state          164          

university law enforcement officer pursuant to section 3345.04 of  165          

                                                          5      


                                                                 
the Revised Code and who, immediately prior to June 19, 1978, was  166          

serving as a special police officer designated under authority of  167          

that section, OR TO ANY PERSON SERVING ON A PERMANENT BASIS ON     168          

SEPTEMBER 20, 1984, AS A LIQUOR CONTROL INVESTIGATOR, KNOWN AFTER  169          

JUNE 30, 1999, AS AN ENFORCEMENT AGENT OF THE DEPARTMENT OF        170          

PUBLIC SAFETY, ENGAGED IN THE ENFORCEMENT OF CHAPTERS 4301. AND    171          

4303. OF THE REVISED CODE.                                                      

      (5)  Division (B) of this section does not apply to any      173          

person who is appointed as a regional transit authority police     174          

officer pursuant to division (Y) of section 306.35 of the Revised  175          

Code if, on or before July 1, 1996, the person has completed       176          

satisfactorily an approved state, county, municipal, or            178          

department of natural resources peace officer basic training       179          

program and has been awarded a certificate by the executive                     

director of the Ohio peace officer training commission attesting   180          

to the person's satisfactory completion of such an approved        181          

program and if, on July 1, 1996, the person is performing peace    182          

officer functions for a regional transit authority.                183          

      (C)  No person, after September 20, 1984, shall receive an   185          

original appointment on a permanent basis as an Ohio veterans'     186          

home police officer designated under section 5907.02 of the        189          

Revised Code unless the person previously has been awarded a       190          

certificate by the executive director of the Ohio peace officer    191          

training commission attesting to the person's satisfactory         192          

completion of an approved police officer basic training program.   193          

Every person who is appointed on a temporary basis or for a        195          

probationary term or on other than a permanent basis as an Ohio    196          

veterans' home police officer designated under section 5907.02 of  197          

the Revised Code shall forfeit that position unless the person     198          

previously has completed satisfactorily or, within one year from   199          

the time of appointment, satisfactorily completes an approved      201          

police officer basic training program.                             202          

      (D)  No bailiff or deputy bailiff of a court of record of    204          

this state and no criminal investigator who is employed by the     205          

                                                          6      


                                                                 
state public defender shall carry a firearm, as defined in         206          

section 2923.11 of the Revised Code, while on duty unless the      207          

bailiff, deputy bailiff, or criminal investigator has done or      209          

received one of the following:                                                  

      (1)  Has been awarded a certificate by the executive         211          

director of the Ohio peace officer training commission, which      212          

certificate attests to satisfactory completion of an approved      213          

state, county, or municipal basic training program for bailiffs    214          

and deputy bailiffs of courts of record and for criminal           215          

investigators employed by the state public defender that has been  216          

recommended by the Ohio peace officer training commission;         217          

      (2)  Has successfully completed a firearms training program  220          

approved by the Ohio peace officer training commission prior to    221          

employment as a bailiff, deputy bailiff, or criminal               222          

investigator;                                                                   

      (3)  Prior to June 6, 1986, was authorized to carry a        225          

firearm by the court that employed the bailiff or deputy bailiff   226          

or, in the case of a criminal investigator, by the state public    228          

defender and has received training in the use of firearms that     229          

the Ohio peace officer training commission determines is           230          

equivalent to the training that otherwise is required by division  231          

(D) of this section.                                               232          

      (E)(1)  Prior to awarding any certificate prescribed in      235          

this section, the executive director of the Ohio peace officer     236          

training commission shall request the person to whom the           237          

certificate is to be awarded to disclose, and the person shall     238          

disclose, any previous criminal conviction of or plea of guilty    239          

of that person to a felony.                                                     

      (2)  Prior to the award by the executive director of the     242          

commission of any certificate prescribed in this section, the      243          

prospective employer of the person to whom the certificate is to   244          

be awarded or the commander of the peace officer training school   245          

attended by that person shall request the bureau of criminal                    

identification and investigation to conduct a criminal history     247          

                                                          7      


                                                                 
records check on the person.  Upon receipt of the request, the     248          

bureau promptly shall conduct a criminal history records check on  249          

the person and, upon completion of the check, promptly shall                    

provide a copy of the criminal history records check to the        250          

prospective employer or peace officer training school commander    251          

that made the request. Upon receipt of the copy of the criminal    253          

history records check from the bureau, the prospective employer                 

or peace officer training school commander that made the request   254          

shall submit the copy to the executive director of the Ohio peace  256          

officer training commission.  The executive director shall not     257          

award any certificate prescribed in this section unless the        258          

executive director has received a copy of the criminal history                  

records check on the person to whom the certificate is to be       259          

awarded.                                                                        

      (3)  The executive director of the commission shall not      261          

award a certificate prescribed in this section to a person who     262          

has been convicted of or has pleaded guilty to a felony or who     263          

fails to disclose any previous criminal conviction of or plea of   264          

guilty to a felony as required under division (E)(1) of this       265          

section.                                                                        

      (4)  The executive director of the commission shall revoke   267          

the certificate awarded to a person as prescribed in this          268          

section, and that person shall forfeit all of the benefits         269          

derived from being certified as a peace officer under this         270          

section, if the person, prior to the award of the certificate,     271          

failed to disclose any previous criminal conviction of or plea of  272          

guilty to a felony as required under division (E)(1) of this       274          

section.                                                                        

      (F)(1)  Regardless of whether the person has been awarded    276          

the certificate or has been classified as a peace officer prior    277          

to, on, or after October 16, 1996, the executive director of the   281          

Ohio peace officer training commission shall revoke any            282          

certificate that has been awarded to a person as prescribed in     283          

this section if the person does either of the following:           284          

                                                          8      


                                                                 
      (a)  Pleads guilty to a felony committed on or after         286          

January 1, 1997.                                                   287          

      (b)  Pleads guilty to a misdemeanor committed on or after    290          

January 1, 1997, pursuant to a negotiated plea agreement as        291          

provided in division (D) of section 2929.29 of the Revised Code    292          

in which the person agrees to surrender the certificate awarded    294          

to the person under this section.                                  295          

      (2)  The executive director of the commission shall suspend  297          

any certificate that has been awarded to a person as prescribed    298          

in this section if the person is convicted, after trial, of a      299          

felony committed on or after January 1, 1997.  The executive       301          

director shall suspend the certificate pursuant to division        302          

(F)(2) of this section pending the outcome of an appeal by the     303          

person from that conviction to the highest court to which the      305          

appeal is taken or until the expiration of the period in which an  306          

appeal is required to be filed.  If the person files an appeal     307          

that results in that person's acquittal of the felony or           308          

conviction of a misdemeanor, or in the dismissal of the felony     309          

charge against that person, the executive director shall           310          

reinstate the certificate awarded to the person under this         311          

section.  If the person files an appeal from that person's                      

conviction of the felony and the conviction is upheld by the       313          

highest court to which the appeal is taken or if the person does   314          

not file a timely appeal, the executive director shall revoke the  315          

certificate awarded to the person under this section.              316          

      (G)(1)  If a person is awarded a certificate under this      319          

section and the certificate is revoked pursuant to division                     

(E)(4) or (F) of this section, the person shall not be eligible    321          

to receive, at any time, a certificate attesting to the person's   322          

satisfactory completion of a peace officer basic training          323          

program.                                                                        

      (2)  The revocation or suspension of a certificate under     325          

division (E)(4) or (F) of this section shall be in accordance      326          

with Chapter 119. of the Revised Code.                             327          

                                                          9      


                                                                 
      (H)(1)  A person who was employed as a peace officer of a    329          

county, township, or municipal corporation of the state on         330          

January 1, 1966, and who has completed at least sixteen years of   331          

full-time active service as such a peace officer may receive an    332          

original appointment on a permanent basis and serve as a peace     333          

officer of a county, township, or municipal corporation, or as a   334          

state university law enforcement officer, without complying with   335          

the requirements of division (B) of this section.                  336          

      (2)  Any person who held an appointment as a state highway   338          

trooper on January 1, 1966, may receive an original appointment    339          

on a permanent basis and serve as a peace officer of a county,     340          

township, or municipal corporation, or as a state university law   341          

enforcement officer, without complying with the requirements of    342          

division (B) of this section.                                      343          

      (I)  No person who is appointed as a peace officer of a      345          

county, township, or municipal corporation on or after April 9,    346          

1985, shall serve as a peace officer of that county, township, or  347          

municipal corporation unless the person has received training in   348          

the handling of missing children and child abuse and neglect       349          

cases from an approved state, county, township, or municipal       350          

police officer basic training program or receives the training     351          

within the time prescribed by rules adopted by the attorney        352          

general pursuant to section 109.741 of the Revised Code.           353          

      (J)  No part of any approved state, county, or municipal     355          

basic training program for bailiffs and deputy bailiffs of courts  356          

of record and no part of any approved state, county, or municipal  357          

basic training program for criminal investigators employed by the  358          

state public defender shall be used as credit toward the           359          

completion by a peace officer of any part of the approved state,   360          

county, or municipal peace officer basic training program that     361          

the peace officer is required by this section to complete          362          

satisfactorily.                                                    363          

      (K)  This section does not apply to any member of the        365          

police department of a municipal corporation in an adjoining       366          

                                                          10     


                                                                 
state serving in this state under a contract pursuant to section   367          

737.04 of the Revised Code.                                        368          

      Sec. 3781.111.  (A)  In addition to the powers conferred by  377          

any other section of the Revised Code, the board of building       378          

standards shall adopt standards and rules to facilitate the        379          

reasonable access and use by all handicapped persons of all        380          

buildings and the facilities of buildings for which plans are      381          

submitted for approval under section 3791.04 of the Revised Code.  382          

No standard or rule shall be applied to any building the plans or  383          

drawings, specifications, and date of which have been approved     384          

prior to the time that the standard or rule takes effect.          385          

      (B)  Except as otherwise provided in this section, the       387          

standards and rules adopted by the board pursuant to this section  388          

shall be in accordance with THE "The Americans With WITH           389          

Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as    391          

amended, and THE "The Fair Housing Amendments ACT of 1988," 102    392          

Stat. 1619, 42 U.S.C.A. 3601, as amended.                          393          

      (C)  All signs posted to designate special parking           395          

locations for handicapped persons and persons with disabilities    396          

that limit or impair the ability to walk in accordance with        397          

division (E) of section 4511.69 of the Revised Code and the        398          

standards and rules adopted pursuant to this section shall be      399          

mounted on a fixed or movable post or otherwise affixed in a       400          

vertical position at a height so that the sign is clearly visible  401          

to the driver of a vehicle when parked in such a location.  IF A   402          

NEW SIGN OR A REPLACEMENT SIGN DESIGNATING A SPECIAL PARKING       403          

LOCATION IS POSTED ON OR AFTER THE EFFECTIVE DATE OF THIS          404          

AMENDMENT, THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF THAT    405          

SIGN OR AFFIXED NEXT TO THE DESIGNATING SIGN A NOTICE THAT STATES  406          

THE FINE APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN  407          

THE SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS    408          

NOT LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION.                409          

      (D)  As used in this section, "handicapped person" has the   411          

same meaning as in section 4112.01 of the Revised Code.  As used   412          

                                                          11     


                                                                 
in division (C) of this section, "persons with disabilities that   413          

limit or impair the ability to walk" has the same meaning as in    414          

division (A)(1) of section 4503.44 of the Revised Code.            415          

      (E)  No owner of a building or facility where special        417          

parking locations for handicapped persons must be designated in    418          

accordance with the standards and rules adopted pursuant to this   419          

section shall fail to properly mark the special parking locations  420          

as required by those standards and rules or fail to maintain the   421          

markings of the special parking locations, including the erection  422          

and maintenance of the fixed or movable signs.                     423          

      Sec. 4503.44.  (A)  As used in this section and in section   432          

4511.69 of the Revised Code:                                       433          

      (1)  "Person with a disability that limits or impairs the    435          

ability to walk" means any person who, as determined by a          436          

physician or chiropractor, meets any of the following criteria:    437          

      (a)  Cannot walk two hundred feet without stopping to rest;  439          

      (b)  Cannot walk without the use of, or assistance from, a   441          

brace, cane, crutch, another person, prosthetic device,            442          

wheelchair, or other assistive device;                             443          

      (c)  Is restricted by a lung disease to such an extent that  445          

the person's forced (respiratory) expiratory volume for one        446          

second, when measured by spirometry, is less than one liter, or    447          

the arterial oxygen tension is less than sixty millimeters of      448          

mercury on room air at rest;                                                    

      (d)  Uses portable oxygen;                                   450          

      (e)  Has a cardiac condition to the extent that the          452          

person's functional limitations are classified in severity as      453          

class III or class IV according to standards set by the American   454          

heart association;                                                              

      (f)  Is severely limited in the ability to walk due to an    456          

arthritic, neurological, or orthopedic condition;                  457          

      (g)  Is blind.                                               459          

      (2)  "Organization" means any private organization or        461          

corporation, or any governmental board, agency, department,        462          

                                                          12     


                                                                 
division, or office, that, as part of its business or program,     463          

transports persons with disabilities that limit or impair the      464          

ability to walk on a regular basis in a motor vehicle that has     466          

not been altered for the purpose of providing it with special      467          

equipment for use by handicapped persons.  This definition does                 

not apply to division (J) of this section.                         468          

      (3)  "Physician" means a person licensed to practice         470          

medicine or surgery or osteopathic medicine and surgery under      471          

Chapter 4731. of the Revised Code.                                 472          

      (4)  "Chiropractor" means a person licensed to practice      474          

chiropractic under Chapter 4734. of the Revised Code.              475          

      (B)  Any organization or person with a disability that       477          

limits or impairs the ability to walk may apply to the registrar   480          

of motor vehicles for a removable windshield placard or, if the    481          

person owns or leases a motor vehicle, the person may apply for    482          

the registration of any motor vehicle the person owns or leases.   483          

In addition to one or more sets of license plates or one placard,  484          

a person with a disability that limits or impairs the ability to   485          

walk shall be IS entitled to one additional placard, BUT ONLY IF   486          

THE PERSON APPLIES SEPARATELY FOR THE ADDITIONAL PLACARD, STATES   488          

THE REASONS WHY THE ADDITIONAL PLACARD IS NEEDED, AND THE          489          

REGISTRAR, IN THE REGISTRAR'S DISCRETION, DETERMINES THAT GOOD     490          

AND JUSTIFIABLE CAUSE EXISTS TO APPROVE THE REQUEST FOR THE        491          

ADDITIONAL PLACARD.  When a motor vehicle has been altered for     493          

the purpose of providing it with special equipment for a person    494          

with a disability that limits or impairs the ability to walk, but  495          

is owned or leased by someone other than such a person, the owner  496          

or lessee may apply to the registrar or a deputy registrar for     497          

registration under this section.  The application for              498          

REGISTRATION OF a removable windshield placard made MOTOR VEHICLE  499          

OWNED OR LEASED by a person with a disability that limits or       500          

impairs the ability to walk or for registration of a motor         501          

vehicle owned or leased by such a person shall be accompanied by   502          

a signed statement from the applicant's personal physician or      503          

                                                          13     


                                                                 
chiropractor certifying that the applicant meets at least one of   504          

the criteria contained in division (A)(1) of this section and      506          

that the disability is expected to continue for more than six      507          

consecutive months.  THE APPLICATION FOR A REMOVABLE WINDSHIELD    508          

PLACARD MADE BY A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS  509          

THE ABILITY TO WALK SHALL BE ACCOMPANIED BY A PRESCRIPTION FROM    510          

THE APPLICANT'S PERSONAL PHYSICIAN OR CHIROPRACTOR PRESCRIBING     511          

SUCH A PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT        512          

CERTIFYING THAT THE APPLICANT MEETS AT LEAST ONE OF THE CRITERIA   513          

CONTAINED IN DIVISION (A)(1) OF THIS SECTION.  THE PHYSICIAN OR    514          

CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE LENGTH OF TIME    515          

THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE APPLICANT TO HAVE THE    516          

DISABILITY THAT LIMITS OR IMPAIRS THE APPLICANT'S ABILITY TO       518          

WALK.  The application for a removable windshield placard made by  519          

an organization shall be accompanied by such documentary evidence  520          

of regular transport of persons with disabilities that limit or    521          

impair the ability to walk by the organization as the registrar    523          

may require by rule and shall be completed in accordance with      524          

procedures that the registrar may require by rule.  The            525          

application for registration of a motor vehicle that has been      526          

altered for the purpose of providing it with special equipment     527          

for a person with a disability that limits or impairs the ability               

to walk but is owned by someone other than such a person shall be  529          

accompanied by such documentary evidence of vehicle alterations    530          

as the registrar may require by rule.                              531          

      (C)  When an organization, a person with a disability that   534          

limits or impairs the ability to walk, or a person who does not    535          

have a disability that limits or impairs the ability to walk but                

owns a motor vehicle that has been altered for the purpose of      537          

providing it with special equipment for a person with a            538          

disability that limits or impairs the ability to walk first        539          

submits an application for registration of a motor vehicle under   540          

this section and every fifth year thereafter, the organization or  541          

person shall submit a signed statement from the applicant's        542          

                                                          14     


                                                                 
personal physician or chiropractor or, A COMPLETED APPLICATION,    543          

AND ANY REQUIRED documentary evidence of vehicle alterations as    544          

provided in division (B) of this section, and also a power of      545          

attorney from the owner of the motor vehicle if the applicant      546          

leases the vehicle.  Upon submission of these items, the           548          

registrar or deputy registrar shall issue to the applicant                      

appropriate vehicle registration and a set of license plates and   549          

validation stickers, or validation stickers alone when required    550          

by section 4503.191 of the Revised Code.  In addition to the       551          

letters and numbers ordinarily inscribed thereon, the license      552          

plates shall be imprinted with the international symbol of         553          

access.  The license plates and validation stickers shall be       554          

issued upon payment of the regular license fee as prescribed       555          

under section 4503.04 of the Revised Code and any motor vehicle    556          

tax levied under Chapter 4504. of the Revised Code, and the        557          

payment of a service fee equal to the amount specified in          558          

division (D) or (G) of section 4503.10 of the Revised Code.        559          

      (D)(1)  Upon receipt of an A COMPLETED AND SIGNED            561          

application for a removable windshield placard and presentation    564          

of a signed statement from the applicant's personal physician or   565          

chiropractor as provided in division (B) of this section, if       566          

required, or presentation of, A PRESCRIPTION AS DESCRIBED IN       567          

DIVISION (B) OF THIS SECTION, documentary evidence of regular      569          

transport of persons with disabilities that limit or impair the    570          

ability to walk, if required, and, except as otherwise provided    571          

in division (F) of this section, payment of a fee of five          572          

dollars, and the payment of a service fee equal to the amount      573          

specified in division (D) or (G) of section 4503.10 of the         574          

Revised Code, the registrar or deputy registrar shall issue to     576          

the applicant a removable windshield placard, which shall bear     577          

the date of expiration on both sides of the placard, in numerals   578          

at least one inch in height, and printed in white on a             579          

blue-colored background, and shall be valid until expired,         581          

revoked, or surrendered.  Every removable windshield placard       582          

                                                          15     


                                                                 
shall expire on the last day of the month in the fifth year after  583          

the date it is issued EXPIRES AS DESCRIBED IN DIVISION (D)(2) OF   584          

THIS SECTION, BUT IN NO CASE SHALL A REMOVABLE WINDSHIELD PLACARD  585          

BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS.  Removable          586          

windshield placards shall be renewable upon application as         587          

provided in division (B) of this section, and a service fee equal  588          

to the amount specified in division (D) or (G) of section 4503.10  589          

of the Revised Code shall be charged for the renewal of a          590          

removable windshield placard.  An additional renewal fee of five   592          

dollars shall be charged if the previous parking card or                        

removable windshield placard expired more than six months prior    593          

to the date of application for renewal.  The registrar shall       595          

provide the application form and shall determine the information   596          

to be included thereon.  The registrar also shall determine the    597          

form and size of the removable windshield placard, the material    598          

of which it is to be made, and any other information to be         599          

included thereon, and shall adopt rules relating to the issuance,  600          

expiration, revocation, surrender, and proper display of such      601          

placards.  ANY PLACARD ISSUED AFTER THE EFFECTIVE DATE OF THIS     602          

AMENDMENT SHALL BE MANUFACTURED IN A MANNER THAT ALLOWS THE        603          

EXPIRATION DATE OF THE PLACARD TO BE INDICATED ON IT THROUGH THE   605          

PUNCHING, DRILLING, BORING, OR CREATION BY ANY OTHER MEANS OF      606          

HOLES IN THE PLACARD.                                                           

      (2)  AT THE TIME A REMOVABLE WINDSHIELD PLACARD IS ISSUED    609          

TO A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS THE ABILITY   610          

TO WALK, THE REGISTRAR OR DEPUTY REGISTRAR SHALL ENTER INTO THE    611          

RECORDS OF THE BUREAU OF MOTOR VEHICLES THE LAST DATE ON WHICH     612          

THE PERSON WILL HAVE THAT DISABILITY, AS INDICATED ON THE          613          

ACCOMPANYING PRESCRIPTION.  NOT LESS THAN THIRTY DAYS PRIOR TO     614          

THAT DATE AND ALL REMOVABLE WINDSHIELD PLACARD RENEWAL DATES, THE               

BUREAU SHALL SEND A RENEWAL NOTICE TO THAT PERSON AT THE PERSON'S  616          

LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE BUREAU,          617          

INFORMING THE PERSON THAT THE PERSON'S REMOVABLE WINDSHIELD        618          

PLACARD WILL EXPIRE ON THE INDICATED DATE NOT TO EXCEED FIVE       619          

                                                          16     


                                                                 
YEARS FROM THE DATE OF ISSUANCE, AND THAT THE PERSON IS REQUIRED   620          

TO RENEW THE PLACARD BY SUBMITTING TO THE REGISTRAR OR A DEPUTY    621          

REGISTRAR ANOTHER PRESCRIPTION, AS DESCRIBED IN DIVISION (B) OF    623          

THIS SECTION, AND BY COMPLYING WITH THE RENEWAL PROVISIONS         624          

PRESCRIBED IN DIVISION (D)(1) OF THIS SECTION.  IF SUCH A          626          

PRESCRIPTION IS NOT RECEIVED BY THE REGISTRAR OR A DEPUTY                       

REGISTRAR BY THAT DATE, THE PLACARD ISSUED TO THAT PERSON EXPIRES  628          

AND NO LONGER IS VALID, AND THIS FACT SHALL BE RECORDED IN THE     629          

RECORDS OF THE BUREAU.                                                          

      (3)  AT LEAST ONCE EVERY YEAR, ON A DATE DETERMINED BY THE   632          

REGISTRAR, THE BUREAU SHALL EXAMINE THE RECORDS OF THE OFFICE OF   633          

VITAL STATISTICS, LOCATED WITHIN THE DEPARTMENT OF HEALTH, THAT    634          

PERTAIN TO DECEASED PERSONS, AND ALSO THE BUREAU'S RECORDS OF ALL  635          

PERSONS WHO HAVE BEEN ISSUED REMOVABLE WINDSHIELD PLACARDS AND     636          

TEMPORARY REMOVABLE WINDSHIELD PLACARDS.  IF THE RECORDS OF THE    637          

OFFICE OF VITAL STATISTICS INDICATE THAT A PERSON TO WHOM A        638          

REMOVABLE WINDSHIELD PLACARD OR TEMPORARY REMOVABLE WINDSHIELD     639          

PLACARD HAS BEEN ISSUED IS DECEASED, THE BUREAU SHALL CANCEL THAT  640          

PLACARD, AND NOTE THE CANCELLATION IN ITS RECORDS.                 641          

      THE OFFICE OF VITAL STATISTICS SHALL MAKE AVAILABLE TO THE   644          

BUREAU ALL INFORMATION NECESSARY TO ENABLE THE BUREAU TO COMPLY    645          

WITH DIVISION (D)(3) OF THIS SECTION.                                           

      (4)  Nothing in this section shall be construed to require   647          

a person or organization to apply for a removable windshield       648          

placard or special license plates if the parking card or special   649          

license plates issued to the person or organization under prior    650          

law have not expired or been surrendered or revoked.                            

      (E)  Any person with a disability that limits or impairs     652          

the ability to walk may apply to the registrar or a deputy         654          

registrar for a temporary removable windshield placard.  The       655          

application for a temporary removable windshield placard shall be  656          

accompanied by a signed statement PRESCRIPTION from the            657          

applicant's personal physician or chiropractor PRESCRIBING SUCH A  658          

PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT certifying    659          

                                                          17     


                                                                 
that the applicant meets at least one of the criteria contained    660          

in division (A)(1) of this section and that the disability is      661          

expected to continue for six consecutive months or less.  THE      663          

PHYSICIAN OR CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE                   

LENGTH OF TIME THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE           664          

APPLICANT TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE        665          

APPLICANT'S ABILITY TO WALK, WHICH CANNOT EXCEED SIX MONTHS FROM   666          

THE DATE OF THE PRESCRIPTION.  Upon receipt of an application for  668          

a temporary removable windshield placard, presentation of the      669          

PRESCRIPTION AND THE signed statement from the applicant's         670          

personal physician or chiropractor, payment of a fee of five       671          

dollars, and payment of a service fee equal to the amount          672          

specified in division (D) or (G) of section 4503.10 of the         673          

Revised Code, the registrar or deputy registrar shall issue to     674          

the applicant a temporary removable windshield placard.  The       675          

temporary removable windshield placard shall be of the same size   676          

and form as the removable windshield placard, shall be printed in  677          

white on a red-colored background, AND shall bear the word         678          

"temporary" in letters of such size as the registrar shall         679          

prescribe,.  A TEMPORARY REMOVABLE WINDSHIELD PLACARD also shall   680          

bear the date of expiration on the front and back of the placard,  681          

in numerals at least one inch in height, and shall be valid until  682          

expired, surrendered, or revoked, BUT IN NO CASE SHALL SUCH A      683          

PLACARD BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS.  The        684          

registrar shall provide the application form and shall determine   686          

the information to be included on it.  The registrar also shall    687          

determine the material of which the temporary removable            688          

windshield placard is to be made and any other information to be   689          

included on the placard and shall adopt rules relating to the      690          

issuance, expiration, surrender, revocation, and proper display    691          

of those placards.  ANY TEMPORARY REMOVABLE WINDSHIELD PLACARD     692          

ISSUED AFTER THE EFFECTIVE DATE OF THIS AMENDMENT SHALL BE         693          

MANUFACTURED IN A MANNER THAT ALLOWS FOR THE EXPIRATION DATE OF    694          

THE PLACARD TO BE INDICATED ON IT THROUGH THE PUNCHING, DRILLING,  695          

                                                          18     


                                                                 
BORING, OR CREATION BY ANY OTHER MEANS OF HOLES IN THE PLACARD.    697          

      (F)  If an applicant for a removable windshield placard or   699          

a temporary removable windshield placard is a veteran of the       700          

armed forces of the United States whose disability, as defined in  701          

division (A)(1) of this section, is service-connected, the         702          

registrar or deputy registrar, upon receipt of the application,    703          

presentation of a signed statement from the applicant's personal   705          

physician or chiropractor certifying the period for which the      706          

applicant's disability is expected to continue, and presentation   707          

of such documentary evidence FROM THE DEPARTMENT OF VETERANS       708          

AFFAIRS that the disability OF THE APPLICANT MEETS AT LEAST ONE    709          

OF THE CRITERIA IDENTIFIED IN DIVISION (A)(1) OF THIS SECTION AND  711          

is service-connected as the registrar may require by rule, but     713          

without the payment of any fee for issuance or of any service      714          

fee, shall issue the applicant a removable windshield placard or   715          

temporary removable windshield placard, as the case may be, that   717          

shall be IS valid until expired, surrendered, or revoked.          718          

      Upon a conviction of a violation of division (H), (I), or    720          

(J) of this section, the court shall report the conviction, and    721          

send the placard or parking card, if available, to the registrar,  723          

who shall thereupon SHALL revoke the privilege of using the        724          

placard or parking card and send notice in writing to the                       

placardholder or cardholder at that holder's last known address    726          

as shown in the records of the bureau of motor vehicles, and the   727          

placardholder or cardholder shall return the placard or card if    728          

not previously surrendered to the court, to the registrar within   729          

ten days following mailing of the notice.                                       

      Whenever a person to whom a removable windshield placard or  731          

parking card has been issued moves to another state, the person    732          

shall surrender the placard or card to the registrar; and          733          

whenever an organization to which a placard or card has been       734          

issued changes its place of operation to another state, the        735          

organization shall surrender the placard or card to the            736          

registrar.                                                                      

                                                          19     


                                                                 
      (G)  Subject to the provisions of division (F) of section    738          

4511.69 of the Revised Code, the operator of a motor vehicle       739          

displaying a removable windshield placard, temporary removable     740          

windshield placard, parking card, or the special license plates    741          

authorized by this section shall be IS entitled to park the motor  743          

vehicle in any special parking location reserved for persons with  744          

disabilities that limit or impair the ability to walk, also known  745          

as handicapped parking spaces or disability parking spaces.        746          

      (H)  No person or organization that is not eligible under    748          

division (B) or (E) of this section shall willfully and falsely    749          

represent that the person or organization is so eligible.          751          

      No person or organization shall display license plates       753          

issued under this section unless the license plates have been      754          

issued for the vehicle on which they are displayed and are valid.  755          

      (I)  No person or organization to which a removable          757          

windshield placard or temporary removable windshield placard is    758          

issued shall do either of the following:                           759          

      (1)  Display or permit the display of the placard on any     762          

motor vehicle when having reasonable cause to believe the motor    763          

vehicle is being used in connection with an activity that does     764          

not include providing transportation for persons with                           

disabilities that limit or impair the ability to walk;             765          

      (2)  Refuse to return or surrender the placard, when         767          

required.                                                                       

      (J)(1)  No person or organization to which a parking card    769          

is issued shall do either of the following:                        770          

      (a)  Display or permit the display of the parking card on    772          

any motor vehicle when having reasonable cause to believe the      773          

motor vehicle is being used in connection with an activity that    774          

does not include providing transportation for a handicapped        775          

person;                                                                         

      (b)  Refuse to return or surrender the parking card, when    777          

required.                                                                       

      (2)  As used in division (J) of this section:                779          

                                                          20     


                                                                 
      (a)  "Handicapped person" means any person who has lost the  781          

use of one or both legs or one or both arms, who is blind, deaf,   782          

or so severely handicapped as to be unable to move about without   783          

the aid of crutches or a wheelchair, or whose mobility is          784          

restricted by a permanent cardiovascular, pulmonary, or other                   

handicapping condition.                                            785          

      (b)  "Organization" means any private organization or        787          

corporation, or any governmental board, agency, department,        788          

division, or office, that, as part of its business or program,     789          

transports handicapped persons on a regular basis in a motor       790          

vehicle that has not been altered for the purposes of providing                 

it with special equipment for use by handicapped persons.          791          

      (K)  If a removable windshield placard, temporary removable  793          

windshield placard, or parking card is lost, destroyed, or         794          

mutilated, the placardholder or cardholder may obtain a duplicate  796          

by doing both of the following:                                                 

      (1)  Furnishing suitable proof of the loss, destruction, or  798          

mutilation to the registrar;                                       799          

      (2)  Paying a fee of five dollars for issuance, plus a       801          

service fee equal to the amount specified in division (D) or (G)   803          

of section 4503.10 of the Revised Code.                            804          

      Any placardholder or cardholder losing WHO LOSES a placard   806          

or card and, after obtaining a duplicate, finding FINDS the        808          

original, immediately shall surrender the original placard or      810          

card to the registrar.                                                          

      (L)  The registrar shall pay all fees received under this    812          

section for the issuance of removable windshield placards or       813          

temporary removable windshield placards or duplicate removable     814          

windshield placards or cards into the state treasury to the        815          

credit of the state bureau of motor vehicles fund created in       816          

section 4501.25 of the Revised Code.                                            

      (M)  For purposes of enforcing this section, every peace     818          

officer is deemed to be an agent of the registrar.  Any peace      819          

officer or any authorized employee of the bureau of motor          820          

                                                          21     


                                                                 
vehicles who, in the performance of duties authorized by law,      821          

becomes aware of a person whose placard or parking card has been   822          

revoked pursuant to this section, may confiscate that placard or                

parking card and return it to the registrar.  The registrar shall  823          

prescribe any forms used by law enforcement agencies in            824          

administering this section.                                                     

      No peace officer, law enforcement agency employing a peace   826          

officer, or political subdivision or governmental agency           827          

employing a peace officer, and no employee of the bureau shall be  828          

IS liable in a civil action for damages or loss to persons         830          

arising out of the performance of any duty required or authorized               

by this section.  As used in this division, "peace officer" has    831          

the same meaning as in division (B) of section 2935.01 of the      832          

Revised Code.                                                                   

      (N)  ALL APPLICATIONS FOR REGISTRATION OF MOTOR VEHICLES,    835          

REMOVABLE WINDSHIELD PLACARDS, AND TEMPORARY REMOVABLE WINDSHIELD  836          

PLACARDS ISSUED UNDER THIS SECTION, ALL RENEWAL NOTICES FOR SUCH   837          

ITEMS, AND ALL OTHER PUBLICATIONS ISSUED BY THE BUREAU THAT        839          

RELATE TO THIS SECTION SHALL SET FORTH THE CRIMINAL PENALTIES      840          

THAT MAY BE IMPOSED UPON A PERSON WHO VIOLATES ANY PROVISION       841          

RELATING TO SPECIAL LICENSE PLATES ISSUED UNDER THIS SECTION, THE  842          

PARKING OF VEHICLES DISPLAYING SUCH LICENSE PLATES, AND THE        843          

ISSUANCE, PROCUREMENT, USE, AND DISPLAY OF REMOVABLE WINDSHIELD    844          

PLACARDS AND TEMPORARY REMOVABLE WINDSHIELD PLACARDS ISSUED UNDER  845          

THIS SECTION.                                                                   

      Sec. 4511.69.  (A)  Every vehicle stopped or parked upon a   854          

roadway where there is an adjacent curb shall be stopped or        855          

parked with the right-hand wheels of the vehicle parallel with     856          

and not more than twelve inches from the right-hand curb, unless   857          

it is impossible to approach so close to the curb; in such case    858          

the stop shall be made as close to the curb as possible and only   859          

for the time necessary to discharge and receive passengers or to   860          

load or unload merchandise.  Local authorities may by ordinance    861          

MAY permit angle parking on any roadway under their jurisdiction,  862          

                                                          22     


                                                                 
except that angle parking shall not be permitted on a state route  863          

within a municipal corporation unless an unoccupied roadway width  864          

of not less than twenty-five feet is available for free-moving     865          

traffic.                                                           866          

      (B)  Local authorities may by ordinance MAY permit parking   868          

of vehicles with the left-hand wheels adjacent to and within       869          

twelve inches of the left-hand curb of a one-way roadway.          870          

      (C)  No vehicle or trackless trolley shall be stopped or     872          

parked on a road or highway with the vehicle or trackless trolley  873          

facing in a direction other than the direction of travel on that   874          

side of the road or highway.                                       875          

      (D)  Notwithstanding any statute or any rule, resolution,    877          

or ordinance adopted by any local authority, air compressors,      878          

tractors, trucks, and other equipment, while being used in the     879          

construction, reconstruction, installation, repair, or removal of  880          

facilities near, on, over, or under a street or highway, may       881          

stop, stand, or park where necessary in order to perform such      882          

work, provided a flagman FLAGPERSON is on duty or warning signs    883          

or lights are displayed as may be prescribed by the director of    885          

transportation.                                                                 

      (E)  Special parking locations and privileges for persons    887          

with disabilities that limit or impair the ability to walk, also   888          

known as handicapped parking spaces or disability parking spaces,  889          

shall be provided and designated by all political subdivisions     890          

and by the state and all agencies and instrumentalities thereof    891          

at all offices and facilities, where parking is provided, whether  892          

owned, rented, or leased, and at all publicly owned parking        893          

garages.  The locations shall be designated through the posting    894          

of an elevated sign, whether permanently affixed or movable,       895          

imprinted with the international symbol of access and shall be     896          

reasonably close to exits, entrances, elevators, and ramps.  All   897          

elevated signs posted in accordance with this division and         898          

division (B)(C) of section 3781.111 of the Revised Code shall be   900          

mounted on a fixed or movable post, and the distance from the      901          

                                                          23     


                                                                 
ground to the top edge of the sign shall measure five feet. IF A   903          

NEW SIGN OR A REPLACEMENT SIGN DESIGNATING A SPECIAL PARKING                    

LOCATION IS POSTED ON OR AFTER THE EFFECTIVE DATE OF THIS          904          

AMENDMENT, THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF THAT    905          

SIGN OR AFFIXED NEXT TO THE DESIGNATING SIGN A NOTICE THAT STATES  907          

THE FINE APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN  908          

THE SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS    909          

NOT LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION.                910          

      (F)(1)  No person shall stop, stand, or park any motor       912          

vehicle at special parking locations provided under division (E)   913          

of this section or at special clearly marked parking locations     914          

provided in or on privately owned parking lots, parking garages,   915          

or other parking areas and designated in accordance with that      916          

division, unless one of the following applies:                     917          

      (1)(a)  The motor vehicle is being operated by or for the    919          

transport of a person with a disability that limits or impairs     920          

the ability to walk and is displaying a valid removable            921          

windshield placard or special license plates;                      922          

      (2)(b)  The motor vehicle is being operated by or for the    924          

transport of a handicapped person and is displaying a parking      925          

card or special handicapped license plates.                        926          

      (2)  ANY MOTOR VEHICLE THAT IS PARKED IN A SPECIAL MARKED    928          

PARKING LOCATION IN VIOLATION OF DIVISION (F)(1)(a) OR (b) OF      931          

THIS SECTION MAY BE TOWED OR OTHERWISE REMOVED FROM THE PARKING    932          

LOCATION BY THE LAW ENFORCEMENT AGENCY OF THE POLITICAL            933          

SUBDIVISION IN WHICH THE PARKING LOCATION IS LOCATED.  A MOTOR                  

VEHICLE THAT IS SO TOWED OR REMOVED SHALL NOT BE RELEASED TO ITS   934          

OWNER UNTIL THE OWNER PRESENTS PROOF OF OWNERSHIP OF THE MOTOR     935          

VEHICLE AND PAYS ALL TOWING AND STORAGE FEES NORMALLY IMPOSED BY   936          

THAT POLITICAL SUBDIVISION FOR TOWING AND STORING MOTOR VEHICLES.  937          

IF THE MOTOR VEHICLE IS A LEASED VEHICLE, IT SHALL NOT BE          938          

RELEASED TO THE LESSEE UNTIL THE LESSEE PRESENTS PROOF THAT THAT                

PERSON IS THE LESSEE OF THE MOTOR VEHICLE AND PAYS ALL TOWING AND  939          

STORAGE FEES NORMALLY IMPOSED BY THAT POLITICAL SUBDIVISION FOR    940          

                                                          24     


                                                                 
TOWING AND STORING MOTOR VEHICLES.                                 941          

      (3)  IF A PERSON IS CHARGED WITH A VIOLATION OF DIVISION     944          

(F)(1)(a) OR (b) OF THIS SECTION, IT IS AN AFFIRMATIVE DEFENSE TO  945          

THE CHARGE THAT THE PERSON SUFFERED AN INJURY NOT MORE THAN        946          

SEVENTY-TWO HOURS PRIOR TO THE TIME THE PERSON WAS ISSUED THE      948          

TICKET OR CITATION AND THAT, BECAUSE OF THE INJURY, THE PERSON     949          

MEETS AT LEAST ONE OF THE CRITERIA CONTAINED IN DIVISION (A)(1)    950          

OF SECTION 4503.44 OF THE REVISED CODE.                            952          

      (G)  When a motor vehicle is being operated by or for the    954          

transport of a person with a disability that limits or impairs     955          

the ability to walk and is displaying a removable windshield       956          

placard or a temporary removable windshield placard or special     957          

license plates, or when a motor vehicle is being operated by or    958          

for the transport of a handicapped person and is displaying a      959          

parking card or special handicapped license plates, the motor      960          

vehicle shall be IS permitted to park for a period of two hours    961          

in excess of the legal parking period permitted by local           963          

authorities, except where local ordinances or police rules         964          

provide otherwise or where the vehicle is parked in such a manner  965          

as to be clearly a traffic hazard.                                 966          

      (H)  No owner of an office, facility, or parking garage      968          

where special parking locations must ARE REQUIRED TO be            969          

designated in accordance with division (E) of this section shall   971          

fail to properly mark the special parking locations as required    972          

by IN ACCORDANCE WITH that division or fail to maintain the        974          

markings of the special locations, including the erection and      975          

maintenance of the fixed or movable signs.                                      

      (I)  Nothing in this section shall be construed to require   978          

a person or organization to apply for a removable windshield                    

placard or special license plates if the parking card or special   979          

license plates issued to the person or organization under prior    980          

law have not expired or been surrendered or revoked.               981          

      (J)  As used in this section:                                983          

      (1)  "Handicapped person" means any person who has lost the  985          

                                                          25     


                                                                 
use of one or both legs or one or both arms, who is blind, deaf,   986          

or so severely handicapped as to be unable to move without the     987          

aid of crutches or a wheelchair, or whose mobility is restricted   988          

by a permanent cardiovascular, pulmonary, or other handicapping    989          

condition.                                                         990          

      (2)  "Person with a disability that limits or impairs the    992          

ability to walk" has the same meaning as in section 4503.44 of     993          

the Revised Code.                                                  994          

      (3)  "Special license plates" and "removable windshield      996          

placard" mean any license plates or removable windshield placard   997          

or temporary removable windshield placard issued under section     998          

4503.41 or 4503.44 of the Revised Code, and also mean any          999          

substantially similar license plates or removable windshield       1,000        

placard or temporary removable windshield placard issued by a      1,001        

state, district, country, or sovereignty.                          1,002        

      Sec. 4511.99.  (A)  Whoever violates division (A) of         1,011        

section 4511.19 of the Revised Code, in addition to the license    1,012        

suspension or revocation provided in section 4507.16 of the        1,013        

Revised Code and any disqualification imposed under section        1,014        

4506.16 of the Revised Code, shall be punished as provided in      1,015        

division (A)(1), (2), (3), or (4) of this section.                 1,016        

      (1)  Except as otherwise provided in division (A)(2), (3),   1,018        

or (4) of this section, the offender is guilty of a misdemeanor    1,019        

of the first degree and the court shall sentence the offender to   1,020        

a term of imprisonment of three consecutive days and may sentence  1,021        

the offender pursuant to section 2929.21 of the Revised Code to a  1,022        

longer term of imprisonment.  In addition, the court shall impose  1,023        

upon the offender a fine of not less than two hundred and not      1,024        

more than one thousand dollars.                                    1,025        

      The court may suspend the execution of the mandatory three   1,027        

consecutive days of imprisonment that it is required to impose by  1,028        

this division, if the court, in lieu of the suspended term of      1,029        

imprisonment, places the offender on probation and requires the    1,030        

offender to attend, for three consecutive days, a drivers'         1,031        

                                                          26     


                                                                 
intervention program that is certified pursuant to section         1,032        

3793.10 of the Revised Code.  The court also may suspend the       1,033        

execution of any part of the mandatory three consecutive days of   1,034        

imprisonment that it is required to impose by this division, if    1,035        

the court places the offender on probation for part of the three   1,036        

consecutive days; requires the offender to attend, for that part   1,037        

of the three consecutive days, a drivers' intervention program     1,038        

that is certified pursuant to section 3793.10 of the Revised       1,039        

Code; and sentences the offender to a term of imprisonment equal   1,040        

to the remainder of the three consecutive days that the offender   1,041        

does not spend attending the drivers' intervention program.  The   1,042        

court may require the offender, as a condition of probation, to    1,043        

attend and satisfactorily complete any treatment or education      1,044        

programs that comply with the minimum standards adopted pursuant   1,045        

to Chapter 3793. of the Revised Code by the director of alcohol    1,046        

and drug addiction services, in addition to the required           1,047        

attendance at a drivers' intervention program, that the operators  1,048        

of the drivers' intervention program determine that the offender   1,049        

should attend and to report periodically to the court on the       1,050        

offender's progress in the programs.  The court also may impose    1,051        

any other conditions of probation on the offender that it          1,052        

considers necessary.                                               1,053        

      Of the fine imposed pursuant to this division, twenty-five   1,055        

dollars shall be paid to an enforcement and education fund         1,056        

established by the legislative authority of the law enforcement    1,057        

agency in this state that primarily was responsible for the        1,058        

arrest of the offender, as determined by the court that imposes    1,059        

the fine.  This share shall be used by the agency to pay only      1,060        

those costs it incurs in enforcing section 4511.19 of the Revised  1,061        

Code or a substantially similar municipal ordinance and in         1,062        

informing the public of the laws governing the operation of a      1,063        

motor vehicle while under the influence of alcohol, the dangers    1,064        

of operating a motor vehicle while under the influence of          1,065        

alcohol, and other information relating to the operation of a      1,066        

                                                          27     


                                                                 
motor vehicle and the consumption of alcoholic beverages.          1,067        

Twenty-five dollars of the fine imposed pursuant to this division  1,068        

shall be deposited into the county indigent drivers alcohol        1,069        

treatment fund or municipal indigent drivers alcohol treatment     1,070        

fund under the control of that court, as created by the county or  1,071        

municipal corporation pursuant to division (N) of section          1,072        

4511.191 of the Revised Code.  The balance of the fine shall be    1,073        

disbursed as otherwise provided by law.                            1,074        

      (2)(a)  Except as otherwise provided in division (A)(4) of   1,077        

this section, if, within six years of the offense, the offender    1,078        

has been convicted of or pleaded guilty to one violation of        1,079        

division (A) or (B) of section 4511.19 of the Revised Code, a      1,080        

municipal ordinance relating to operating a vehicle while under    1,081        

the influence of alcohol, a drug of abuse, or alcohol and a drug   1,082        

of abuse, a municipal ordinance relating to operating a vehicle    1,083        

with a prohibited concentration of alcohol in the blood, breath,   1,084        

or urine, section 2903.04 of the Revised Code in a case in which   1,085        

the offender was subject to the sanctions described in division    1,086        

(D) of that section, section 2903.06, 2903.07, or 2903.08 of the   1,088        

Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  1,089        

the jury or judge found that the offender was under the influence  1,090        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  1,091        

statute of the United States or of any other state or a municipal  1,093        

ordinance of a municipal corporation located in any other state                 

that is substantially similar to division (A) or (B) of section    1,094        

4511.19 of the Revised Code, the offender is guilty of a           1,095        

misdemeanor of the first degree and, except as provided in this    1,096        

division, the court shall sentence the offender to a term of       1,097        

imprisonment of ten consecutive days and may sentence the          1,098        

offender pursuant to section 2929.21 of the Revised Code to a      1,099        

longer term of imprisonment.  As an alternative to the term of     1,100        

imprisonment required to be imposed by this division, but subject  1,101        

to division (A)(8) of this section, the court may impose upon the  1,102        

                                                          28     


                                                                 
offender a sentence consisting of both a term of imprisonment of   1,103        

five consecutive days and not less than eighteen consecutive days  1,104        

of electronically monitored house arrest as defined in division    1,105        

(A) of section 2929.23 of the Revised Code.  The five consecutive  1,106        

days of imprisonment and the period of electronically monitored    1,107        

house arrest shall not exceed six months.  The five consecutive    1,108        

days of imprisonment do not have to be served prior to or          1,109        

consecutively with the period of electronically monitored house    1,110        

arrest.                                                                         

      In addition, the court shall impose upon the offender a      1,112        

fine of not less than three hundred and not more than one          1,113        

thousand five hundred dollars.                                     1,114        

      In addition to any other sentence that it imposes upon the   1,116        

offender, the court may require the offender to attend a drivers'  1,117        

intervention program that is certified pursuant to section         1,118        

3793.10 of the Revised Code.  If the officials of the drivers'     1,119        

intervention program determine that the offender is alcohol        1,120        

dependent, they shall notify the court, and the court shall order  1,121        

the offender to obtain treatment through an alcohol and drug       1,122        

addiction program authorized by section 3793.02 of the Revised     1,123        

Code.  The cost of the treatment shall be paid by the offender.    1,124        

      Of the fine imposed pursuant to this division, thirty-five   1,126        

dollars shall be paid to an enforcement and education fund         1,127        

established by the legislative authority of the law enforcement    1,128        

agency in this state that primarily was responsible for the        1,129        

arrest of the offender, as determined by the court that imposes    1,130        

the fine.  This share shall be used by the agency to pay only      1,131        

those costs it incurs in enforcing division (A) of section         1,132        

4511.19 of the Revised Code or a substantially similar municipal   1,133        

ordinance and in informing the public of the laws governing the    1,134        

operation of a motor vehicle while under the influence of          1,135        

alcohol, the dangers of operating a motor vehicle while under the  1,136        

influence of alcohol, and other information relating to the        1,137        

operation of a motor vehicle and the consumption of alcoholic      1,138        

                                                          29     


                                                                 
beverages.  Sixty-five dollars of the fine imposed pursuant to     1,139        

this division shall be paid to the political subdivision           1,140        

responsible for housing the offender during the offender's term    1,142        

of incarceration.  This share shall be used by the political       1,143        

subdivision to pay or reimburse incarceration costs it incurs in   1,144        

housing persons who violate section 4511.19 of the Revised Code    1,145        

or a substantially similar municipal ordinance and to pay for      1,146        

ignition interlock devices and electronic house arrest equipment   1,147        

for persons who violate that section, and shall be paid to the     1,148        

credit of the fund that pays the cost of the incarceration.        1,149        

Fifty dollars of the fine imposed pursuant to this division shall  1,150        

be deposited into the county indigent drivers alcohol treatment    1,151        

fund or municipal indigent drivers alcohol treatment fund under    1,152        

the control of that court, as created by the county or municipal   1,153        

corporation pursuant to division (N) of section 4511.191 of the    1,154        

Revised Code.  The balance of the fine shall be disbursed as       1,155        

otherwise provided by law.                                         1,156        

      (b)  Regardless of whether the vehicle the offender was      1,158        

operating at the time of the offense is registered in the          1,159        

offender's name or in the name of another person, the court, in    1,161        

addition to the penalties imposed under division (A)(2)(a) of      1,162        

this section and all other penalties provided by law and subject   1,163        

to section 4503.235 of the Revised Code, shall order the           1,164        

immobilization for ninety days of the vehicle the offender was     1,165        

operating at the time of the offense and the impoundment for       1,166        

ninety days of the identification license plates of that vehicle.  1,167        

The order for the immobilization and impoundment shall be issued   1,168        

and enforced in accordance with section 4503.233 of the Revised    1,169        

Code.                                                                           

      (3)(a)  Except as otherwise provided in division (A)(4) of   1,172        

this section, if, within six years of the offense, the offender    1,173        

has been convicted of or pleaded guilty to two violations of       1,174        

division (A) or (B) of section 4511.19 of the Revised Code, a      1,175        

municipal ordinance relating to operating a vehicle while under    1,176        

                                                          30     


                                                                 
the influence of alcohol, a drug of abuse, or alcohol and a drug   1,177        

of abuse, a municipal ordinance relating to operating a vehicle    1,178        

with a prohibited concentration of alcohol in the blood, breath,   1,179        

or urine, section 2903.04 of the Revised Code in a case in which   1,180        

the offender was subject to the sanctions described in division    1,181        

(D) of that section, section 2903.06, 2903.07, or 2903.08 of the   1,183        

Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  1,184        

the jury or judge found that the offender was under the influence  1,185        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  1,187        

statute of the United States or of any other state or a municipal  1,188        

ordinance of a municipal corporation located in any other state    1,189        

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

4511.19 of the Revised Code, except as provided in this division,  1,190        

the court shall sentence the offender to a term of imprisonment    1,191        

of thirty consecutive days and may sentence the offender to a      1,192        

longer definite term of imprisonment of not more than one year.    1,193        

As an alternative to the term of imprisonment required to be       1,194        

imposed by this division, but subject to division (A)(8) of this   1,195        

section, the court may impose upon the offender a sentence         1,196        

consisting of both a term of imprisonment of fifteen consecutive   1,197        

days and not less than fifty-five consecutive days of              1,198        

electronically monitored house arrest as defined in division (A)   1,199        

of section 2929.23 of the Revised Code.  The fifteen consecutive   1,200        

days of imprisonment and the period of electronically monitored    1,201        

house arrest shall not exceed one year.  The fifteen consecutive   1,202        

days of imprisonment do not have to be served prior to or          1,203        

consecutively with the period of electronically monitored house    1,204        

arrest.                                                                         

      In addition, the court shall impose upon the offender a      1,206        

fine of not less than five hundred and not more than two thousand  1,207        

five hundred dollars.                                              1,208        

      In addition to any other sentence that it imposes upon the   1,210        

offender, the court shall require the offender to attend an        1,211        

                                                          31     


                                                                 
alcohol and drug addiction program authorized by section 3793.02   1,212        

of the Revised Code.  The cost of the treatment shall be paid by   1,213        

the offender.  If the court determines that the offender is        1,214        

unable to pay the cost of attendance at the treatment program,     1,216        

the court may order that payment of the cost of the offender's     1,217        

attendance at the treatment program be made from that court's      1,218        

indigent drivers alcohol treatment fund.                                        

      Of the fine imposed pursuant to this division, one hundred   1,220        

twenty-three dollars shall be paid to an enforcement and           1,221        

education fund established by the legislative authority of the     1,222        

law enforcement agency in this state that primarily was            1,223        

responsible for the arrest of the offender, as determined by the   1,224        

court that imposes the fine.  This share shall be used by the      1,225        

agency to pay only those costs it incurs in enforcing section      1,226        

4511.19 of the Revised Code or a substantially similar municipal   1,227        

ordinance and in informing the public of the laws governing the    1,228        

operation of a motor vehicle while under the influence of          1,229        

alcohol, the dangers of operating a motor vehicle while under the  1,230        

influence of alcohol, and other information relating to the        1,231        

operation of a motor vehicle and the consumption of alcoholic      1,232        

beverages.  Two hundred twenty-seven dollars of the fine imposed   1,233        

pursuant to this division shall be paid to the political           1,234        

subdivision responsible for housing the offender during the        1,235        

offender's term of incarceration.  This share shall be used by     1,237        

the political subdivision to pay or reimburse incarceration costs  1,238        

it incurs in housing persons who violate division (A) of section   1,239        

4511.19 of the Revised Code or a substantially similar municipal   1,240        

ordinance and to pay for ignition interlock devices and            1,241        

electronic house arrest equipment for persons who violate that     1,242        

section and shall be paid to the credit of the fund that pays the  1,243        

cost of incarceration.  The balance of the fine shall be           1,244        

disbursed as otherwise provided by law.                            1,245        

      (b)  Regardless of whether the vehicle the offender was      1,247        

operating at the time of the offense is registered in the          1,248        

                                                          32     


                                                                 
offender's name or in the name of another person, the court, in    1,250        

addition to the penalties imposed under division (A)(3)(a) of      1,251        

this section and all other penalties provided by law and subject   1,252        

to section 4503.235 of the Revised Code, shall order the           1,253        

immobilization for one hundred eighty days of the vehicle the      1,254        

offender was operating at the time of the offense and the          1,255        

impoundment for one hundred eighty days of the identification      1,256        

license plates of that vehicle.  The order for the immobilization  1,257        

and impoundment shall be issued and enforced in accordance with    1,258        

section 4503.233 of the Revised Code.                              1,259        

      (4)(a)  If, within six years of the offense, the offender    1,261        

has been convicted of or pleaded guilty to three or more           1,262        

violations of division (A) or (B) of section 4511.19 of the        1,263        

Revised Code, a municipal ordinance relating to operating a        1,264        

vehicle while under the influence of alcohol, a drug of abuse, or  1,265        

alcohol and a drug of abuse, a municipal ordinance relating to     1,266        

operating a vehicle with a prohibited concentration of alcohol in  1,267        

the blood, breath, or urine, section 2903.04 of the Revised Code   1,268        

in a case in which the offender was subject to the sanctions       1,269        

described in division (D) of that section, section 2903.06,        1,270        

2903.07, or 2903.08 of the Revised Code or a municipal ordinance   1,271        

that is substantially similar to section 2903.07 of the Revised    1,272        

Code in a case in which the jury or judge found that the offender  1,273        

was under the influence of alcohol, a drug of abuse, or alcohol    1,274        

and a drug of abuse, or a statute of the United States or of any   1,276        

other state or a municipal ordinance of a municipal corporation                 

located in any other state that is substantially similar to        1,277        

division (A) or (B) of section 4511.19 of the Revised Code, or if  1,278        

the offender previously has been convicted of or pleaded guilty    1,279        

to a violation of division (A) of section 4511.19 of the Revised   1,280        

Code under circumstances in which the violation was a felony and   1,281        

regardless of when the violation and the conviction or guilty      1,282        

plea occurred, the offender is guilty of a felony of the fourth    1,283        

degree.  The court shall sentence the offender in accordance with  1,284        

                                                          33     


                                                                 
sections 2929.11 to 2929.19 of the Revised Code and shall impose                

as part of the sentence a mandatory term of local incarceration    1,285        

of sixty consecutive days of imprisonment in accordance with       1,286        

division (G)(1) of section 2929.13 of the Revised Code or a        1,287        

mandatory prison term of sixty consecutive days of imprisonment    1,288        

in accordance with division (G)(2) of that section, whichever is   1,289        

applicable.  If the offender is required to serve a mandatory      1,290        

term of local incarceration of sixty consecutive days of           1,291        

imprisonment in accordance with division (G)(1) of section                      

2929.13 of the Revised Code, the court, pursuant to section        1,292        

2929.17 of the Revised Code, may impose upon the offender a        1,294        

sentence that includes a term of electronically monitored house                 

arrest, provided that the term of electronically monitored house   1,295        

arrest shall not commence until after the offender has served the  1,296        

mandatory term of local incarceration.                             1,297        

      In addition to all other sanctions imposed, the court shall  1,299        

impose upon the offender, pursuant to section 2929.18 of the       1,300        

Revised Code, a fine of not less than seven hundred fifty nor      1,301        

more than ten thousand dollars.                                    1,302        

      In addition to any other sanction that it imposes upon the   1,305        

offender, the court shall require the offender to attend an        1,307        

alcohol and drug addiction program authorized by section 3793.02   1,308        

of the Revised Code.  The cost of the treatment shall be paid by   1,309        

the offender.  If the court determines that the offender is        1,310        

unable to pay the cost of attendance at the treatment program,     1,311        

the court may order that payment of the cost of the offender's     1,312        

attendance at the treatment program be made from the court's       1,313        

indigent drivers alcohol treatment fund.                           1,314        

      Of the fine imposed pursuant to this division, two hundred   1,316        

ten dollars shall be paid to an enforcement and education fund     1,317        

established by the legislative authority of the law enforcement    1,318        

agency in this state that primarily was responsible for the        1,319        

arrest of the offender, as determined by the court that imposes    1,320        

the fine.  This share shall be used by the agency to pay only      1,321        

                                                          34     


                                                                 
those costs it incurs in enforcing section 4511.19 of the Revised  1,322        

Code or a substantially similar municipal ordinance and in         1,323        

informing the public of the laws governing operation of a motor    1,324        

vehicle while under the influence of alcohol, the dangers of       1,325        

operation of a motor vehicle while under the influence of          1,326        

alcohol, and other information relating to the operation of a      1,327        

motor vehicle and the consumption of alcoholic beverages.  Three   1,328        

hundred ninety dollars of the fine imposed pursuant to this        1,329        

division shall be paid to the political subdivision responsible    1,330        

for housing the offender during the offender's term of             1,331        

incarceration.  This share shall be used by the political          1,333        

subdivision to pay or reimburse incarceration costs it incurs in   1,334        

housing persons who violate division (A) of section 4511.19 of     1,335        

the Revised Code or a substantially similar municipal ordinance    1,336        

and to pay for ignition interlock devices and electronic house     1,337        

arrest equipment for persons who violate that section, and shall   1,338        

be paid to the credit of the fund that pays the cost of            1,339        

incarceration.  The balance of the fine shall be disbursed as      1,340        

otherwise provided by law.                                                      

      (b)  Regardless of whether the vehicle the offender was      1,342        

operating at the time of the offense is registered in the          1,343        

offender's name or in the name of another person, the court, in    1,345        

addition to the sanctions imposed under division (A)(4)(a) of      1,346        

this section and all other sanctions provided by law and subject   1,348        

to section 4503.235 of the Revised Code, shall order the criminal  1,350        

forfeiture to the state of the vehicle the offender was operating  1,351        

at the time of the offense.  The order of criminal forfeiture      1,352        

shall be issued and enforced in accordance with section 4503.234   1,353        

of the Revised Code.                                               1,354        

      (c)  As used in division (A)(4)(a) of this section,          1,357        

"mandatory prison term" and "mandatory term of local                            

incarceration" have the same meanings as in section 2929.01 of     1,359        

the Revised Code.                                                               

      If title to a motor vehicle that is subject to an order for  1,361        

                                                          35     


                                                                 
criminal forfeiture under this section is assigned or transferred  1,362        

and division (C)(2) or (3) of section 4503.234 of the Revised      1,363        

Code applies, in addition to or independent of any other penalty   1,364        

established by law, the court may fine the offender the value of   1,365        

the vehicle as determined by publications of the national auto     1,366        

dealer's association.  The proceeds from any fine imposed under                 

this division shall be distributed in accordance with division     1,367        

(D)(4) of section 4503.234 of the Revised Code.                    1,368        

      (5)(a)  Except as provided in division (A)(5)(b) of this     1,370        

section, upon a showing that imprisonment would seriously affect   1,371        

the ability of an offender sentenced pursuant to division (A)(1),  1,372        

(2), (3), or (4) of this section to continue the offender's        1,373        

employment, the court may authorize that the offender be granted   1,375        

work release from imprisonment after the offender has served the   1,376        

three, ten, or thirty consecutive days of imprisonment or the      1,377        

mandatory term of local incarceration of sixty consecutive days    1,378        

that the court is required by division (A)(1), (2), (3), or (4)    1,380        

of this section to impose.  No court shall authorize work release  1,381        

from imprisonment during the three, ten, or thirty consecutive     1,382        

days of imprisonment or the mandatory term of local incarceration  1,383        

or mandatory prison term of sixty consecutive days that the court  1,385        

is required by division (A)(1), (2), (3), or (4) of this section   1,386        

to impose.  The duration of the work release shall not exceed the  1,387        

time necessary each day for the offender to commute to and from    1,388        

the place of employment and the place of imprisonment and the      1,389        

time actually spent under employment.                              1,390        

      (b)  An offender who is sentenced pursuant to division       1,392        

(A)(2) or (3) of this section to a term of imprisonment followed   1,393        

by a period of electronically monitored house arrest is not        1,394        

eligible for work release from imprisonment, but that person       1,395        

shall be permitted work release during the period of               1,396        

electronically monitored house arrest.  The duration of the work   1,397        

release shall not exceed the time necessary each day for the       1,398        

offender to commute to and from the place of employment and the    1,399        

                                                          36     


                                                                 
offender's home or other place specified by the sentencing court   1,400        

and the time actually spent under employment.                      1,401        

      (6)  Notwithstanding any section of the Revised Code that    1,403        

authorizes the suspension of the imposition or execution of a      1,404        

sentence, the placement of an offender in any treatment program    1,406        

in lieu of imprisonment, or the use of a community control         1,407        

sanction for an offender convicted of a felony, no court shall     1,408        

suspend the ten or thirty consecutive days of imprisonment         1,409        

required to be imposed on an offender by division (A)(2) or (3)    1,410        

of this section, no court shall place an offender who is           1,411        

sentenced pursuant to division (A)(2), (3), or (4) of this         1,412        

section in any treatment program in lieu of imprisonment until     1,413        

after the offender has served the ten or thirty consecutive days   1,414        

of imprisonment or the mandatory term of local incarceration or    1,415        

mandatory prison term of sixty consecutive days required to be     1,416        

imposed pursuant to division (A)(2), (3), or (4) of this section,  1,417        

no court that sentences an offender under division (A)(4) of this  1,418        

section shall impose any sanction other than a mandatory term of   1,419        

local incarceration or mandatory prison term to apply to the       1,420        

offender until after the offender has served the mandatory term    1,421        

of local incarceration or mandatory prison term of sixty           1,423        

consecutive days required to be imposed pursuant to division                    

(A)(4) of this section, and no court that imposes a sentence of    1,425        

imprisonment and a period of electronically monitored house        1,426        

arrest upon an offender under division (A)(2) or (3) of this       1,427        

section shall suspend any portion of the sentence or place the     1,428        

offender in any treatment program in lieu of imprisonment or       1,429        

electronically monitored house arrest. Notwithstanding any         1,430        

section of the Revised Code that authorizes the suspension of the  1,431        

imposition or execution of a sentence or the placement of an       1,432        

offender in any treatment program in lieu of imprisonment, no      1,433        

court, except as specifically authorized by division (A)(1) of     1,434        

this section, shall suspend the three consecutive days of          1,435        

imprisonment required to be imposed by division (A)(1) of this     1,436        

                                                          37     


                                                                 
section or place an offender who is sentenced pursuant to          1,437        

division (A)(1) of this section in any treatment program in lieu   1,438        

of imprisonment until after the offender has served the three      1,439        

consecutive days of imprisonment required to be imposed pursuant   1,440        

to division (A)(1) of this section.                                1,441        

      (7)  No court shall sentence an offender to an alcohol       1,443        

treatment program pursuant to division (A)(1), (2), (3), or (4)    1,444        

of this section unless the treatment program complies with the     1,445        

minimum standards adopted pursuant to Chapter 3793. of the         1,446        

Revised Code by the director of alcohol and drug addiction         1,447        

services.                                                          1,448        

      (8)  No court shall impose the alternative sentence of a     1,450        

term of imprisonment of five consecutive days plus not less than   1,451        

eighteen consecutive days of electronically monitored house        1,452        

arrest permitted to be imposed by division (A)(2) of this          1,453        

section, or the alternative sentence of a term of imprisonment of  1,454        

fifteen consecutive days plus not less than fifty-five             1,455        

consecutive days of electronically monitored house arrest          1,456        

permitted to be imposed pursuant to division (A)(3) of this        1,457        

section, unless within sixty days of the date of sentencing, the   1,458        

court issues a written finding, entered into the record, that due  1,459        

to the unavailability of space at the incarceration facility       1,460        

where the offender is required to serve the term of imprisonment   1,461        

imposed upon the offender, the offender will not be able to        1,462        

commence serving the term of imprisonment within the sixty-day     1,464        

period following the date of sentencing.  If the court issues      1,465        

such a finding, the court may impose the alternative sentence      1,466        

comprised of a term of imprisonment and a term of electronically   1,467        

monitored house arrest permitted to be imposed by division (A)(2)  1,468        

or (3) of this section.                                            1,469        

      (B)  Whoever violates section 4511.192, 4511.251, or         1,471        

4511.85 of the Revised Code is guilty of a misdemeanor of the      1,472        

first degree.  The court, in addition to or independent of all     1,473        

other penalties provided by law, may suspend for a period not to   1,474        

                                                          38     


                                                                 
exceed one year the driver's or commercial driver's license or     1,475        

permit or nonresident operating privilege of any person who        1,476        

pleads guilty to or is convicted of a violation of section         1,477        

4511.192 of the Revised Code.                                      1,478        

      (C)  Whoever violates section 4511.63, 4511.76, 4511.761,    1,480        

4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is     1,481        

guilty of one of the following:                                    1,482        

      (1)  Except as otherwise provided in division (C)(2) of      1,484        

this section, a minor misdemeanor.                                 1,485        

      (2)  If the offender previously has been convicted of or     1,488        

pleaded guilty to one or more violations of section 4511.63,       1,489        

4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the  1,490        

Revised Code or a municipal ordinance that is substantially        1,491        

similar to any of those sections, a misdemeanor of the fourth      1,494        

degree.                                                                         

      (D)(1)  Whoever violates any provision of sections 4511.01   1,496        

to 4511.76 or section 4511.84 of the Revised Code, for which no    1,497        

penalty otherwise is provided in this section is guilty of one of  1,498        

the following:                                                     1,499        

      (a)  Except as otherwise provided in division (D)(1)(b),     1,502        

(1)(c), (2), or (3) of this section, a minor misdemeanor;          1,503        

      (b)  If, within one year of the offense, the offender        1,505        

previously has been convicted of or pleaded guilty to one          1,507        

violation of any provision of sections 4511.01 to 4511.76 or       1,509        

section 4511.84 of the Revised Code for which no penalty           1,510        

otherwise is provided in this section or a municipal ordinance     1,512        

that is substantially similar to any provision of sections         1,513        

4511.01 to 4511.76 or section 4511.84 of the Revised Code for      1,514        

which no penalty otherwise is provided in this section, a          1,515        

misdemeanor of the fourth degree;                                  1,517        

      (c)  If, within one year of the offense, the offender        1,519        

previously has been convicted of or pleaded guilty to two or more  1,520        

violations of any provision described in division (D)(1)(b) of     1,522        

this section or any municipal ordinance that is substantially      1,523        

                                                          39     


                                                                 
similar to any of those provisions, a misdemeanor of the third     1,524        

degree.                                                            1,525        

      (2)  When any person is found guilty of a first offense for  1,527        

a violation of section 4511.21 of the Revised Code upon a finding  1,528        

that the person operated a motor vehicle faster than thirty-five   1,530        

miles an hour in a business district of a municipal corporation,   1,531        

or faster than fifty miles an hour in other portions, or faster    1,532        

than thirty-five miles an hour while passing through a school      1,533        

zone during recess or while children are going to or leaving       1,534        

school during the opening or closing hours, the person is guilty   1,535        

of a misdemeanor of the fourth degree.                             1,536        

      (3)  Notwithstanding section 2929.21 of the Revised Code,    1,538        

upon a finding that such person operated a motor vehicle in a      1,539        

construction zone where a sign was then posted in accordance with  1,540        

section 4511.98 of the Revised Code, the court, in addition to     1,541        

all other penalties provided by law, shall impose a fine of two    1,542        

times the usual amount imposed for the violation.  No court shall  1,543        

impose a fine of two times the usual amount imposed for the        1,544        

violation upon an offender who alleges, in an affidavit filed      1,545        

with the court prior to the offender's sentencing, that the        1,546        

offender is indigent and is unable to pay the fine imposed         1,547        

pursuant to this division, provided the court determines the       1,548        

offender is an indigent person and is unable to pay the fine.      1,549        

      (E)  Whenever a person is found guilty in a court of record  1,551        

of a violation of section 4511.761, 4511.762, or 4511.77 of the    1,552        

Revised Code, the trial judge, in addition to or independent of    1,553        

all other penalties provided by law, may suspend for any period    1,554        

of time not exceeding three years, or revoke the license of any    1,555        

person, partnership, association, or corporation, issued under     1,556        

section 4511.763 of the Revised Code.                              1,557        

      (F)  Whoever violates division (E) or (F) of section         1,559        

4511.51, division (A), (D), or (E) of section 4511.521, section    1,560        

4511.681, division (A), OR (C), or (F) of section 4511.69,         1,562        

section 4511.772, or division (A) or (B) of section 4511.82 of                  

                                                          40     


                                                                 
the Revised Code is guilty of a minor misdemeanor.                 1,563        

      (G)  Whoever violates division (A) of section 4511.75 of     1,565        

the Revised Code may be fined an amount not to exceed five         1,566        

hundred dollars.  A person who is issued a citation for a          1,567        

violation of division (A) of section 4511.75 of the Revised Code   1,568        

is not permitted to enter a written plea of guilty and waive the   1,569        

person's right to contest the citation in a trial, but instead     1,570        

must appear in person in the proper court to answer the charge.    1,571        

      (H)(1)  Whoever is a resident of this state and violates     1,573        

division (A) or (B) of section 4511.81 of the Revised Code shall   1,574        

be punished as follows:                                            1,575        

      (a)  Except as otherwise provided in division (H)(1)(b) of   1,577        

this section, the offender is guilty of a minor misdemeanor.       1,579        

      (b)  If the offender previously has been convicted of or     1,581        

pleaded guilty to a violation of division (A) or (B) of section    1,582        

4511.81 of the Revised Code or of a municipal ordinance that is    1,584        

substantially similar to either of those divisions, the offender   1,585        

is guilty of a misdemeanor of the fourth degree.                   1,586        

      (2)  Whoever is not a resident of this state, violates       1,588        

division (A) or (B) of section 4511.81 of the Revised Code, and    1,589        

fails to prove by a preponderance of the evidence that the         1,590        

offender's use or nonuse of a child restraint system was in        1,591        

accordance with the law of the state of which the offender is a    1,593        

resident is guilty of a minor misdemeanor on a first offense; on   1,595        

a second or subsequent offense, that person is guilty of a         1,596        

misdemeanor of the fourth degree.                                  1,597        

      (3)  Sixty-five per cent of every fine imposed pursuant to   1,599        

division (H)(1) or (2) of this section shall be forwarded to the   1,600        

treasurer of state for deposit in the "child highway safety fund"  1,601        

created by division (G) of section 4511.81 of the Revised Code.    1,602        

The balance of the fine shall be disbursed as otherwise provided   1,603        

by law.                                                            1,604        

      (I)  Whoever violates section 4511.202 of the Revised Code   1,606        

is guilty of operating a motor vehicle without being in control    1,607        

                                                          41     


                                                                 
of it, a minor misdemeanor.                                        1,608        

      (J)  Whoever violates division (B) of section 4511.74,       1,610        

division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of       1,611        

section 4511.83 of the Revised Code is guilty of a misdemeanor of  1,612        

the first degree.                                                  1,613        

      (K)  Except as otherwise provided in this division, whoever  1,615        

violates division (E) of section 4511.11, division (A) or (C) of   1,616        

section 4511.17, or section 4511.18 of the Revised Code is guilty  1,617        

of a misdemeanor of the third degree.  If a violation of division  1,618        

(A) or (C) of section 4511.17 of the Revised Code creates a risk   1,619        

of physical harm to any person, the offender is guilty of a        1,620        

misdemeanor of the first degree.  A violation of division (A) or   1,621        

(C) of section 4511.17 of the Revised Code that causes serious     1,622        

physical harm to property that is owned, leased, or controlled by  1,623        

a state or local authority is a felony of the fifth degree.        1,625        

      (L)  Whoever violates division (H) of section 4511.69 of     1,627        

the Revised Code shall be punished as follows:                     1,628        

      (1)  Except as otherwise provided in division (L)(2) of      1,631        

this section, the offender shall be issued a warning.              1,632        

      (2)  If the offender previously has been convicted of or     1,634        

pleaded guilty to a violation of division (H) of section 4511.69   1,635        

of the Revised Code or of a municipal ordinance that is            1,636        

substantially similar to that division, the offender shall not be  1,637        

issued a warning but shall be fined twenty-five dollars for each   1,638        

parking location that is not properly marked or whose markings     1,640        

are not properly maintained.                                                    

      (M)  Whoever violates division (A)(1) or (2) of section      1,642        

4511.45 of the Revised Code is guilty of a misdemeanor of the      1,643        

fourth degree on a first offense; on a second offense within one   1,644        

year after the first offense, the person is guilty of a            1,645        

misdemeanor of the third degree; and on each subsequent offense    1,646        

within one year after the first offense, the person is guilty of   1,647        

a misdemeanor of the second degree.                                1,648        

      (N)(1)  Whoever violates division (B) of section 4511.19 of  1,651        

                                                          42     


                                                                 
the Revised Code is guilty of operating a motor vehicle after                   

under-age alcohol consumption and shall be punished as follows:    1,652        

      (a)  Except as otherwise provided in division (N)(1)(b) of   1,655        

this section, the offender is guilty of a misdemeanor of the       1,657        

fourth degree.                                                                  

      (b)  If, within one year of the offense, the offender has    1,659        

been convicted of or pleaded guilty to any violation of division   1,660        

(A) or (B) of section 4511.19 of the Revised Code, a municipal     1,661        

ordinance relating to operating a vehicle while under the          1,662        

influence of alcohol, a drug of abuse, or alcohol and a drug of    1,663        

abuse, a municipal ordinance relating to operating a vehicle with  1,664        

a prohibited concentration of alcohol in the blood, breath, or     1,665        

urine, section 2903.04 of the Revised Code in a case in which the  1,666        

offender was subject to the sanctions described in division (D)    1,667        

of that section, section 2903.06, 2903.07, or 2903.08 of the       1,668        

Revised Code or a municipal ordinance that is substantially        1,669        

similar to section 2903.07 of the Revised Code in a case in which  1,670        

the jury or judge found that the offender was under the influence  1,671        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  1,672        

statute of the United States or of any other state or a municipal  1,674        

ordinance of a municipal corporation located in any other state                 

that is substantially similar to division (A) or (B) of section    1,675        

4511.19 of the Revised Code, the offender is guilty of a           1,676        

misdemeanor of the third degree.                                                

      (2)  In addition to or independent of all other penalties    1,678        

provided by law, the offender's driver's or commercial driver's    1,679        

license or permit or nonresident operating privilege shall be      1,680        

suspended in accordance with, and for the period of time           1,681        

specified in, division (E) of section 4507.16 of the Revised       1,682        

Code.                                                              1,683        

      (O)  Whoever violates section 4511.62 of the Revised Code    1,686        

is guilty of a misdemeanor of the fourth degree.                                

      (P)  WHOEVER VIOLATES DIVISION (F)(1)(a) OR (b) OF SECTION   1,689        

4511.69 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR AND SHALL   1,692        

                                                          43     


                                                                 
BE FINED NOT LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE                     

HUNDRED DOLLARS, BUT IN NO CASE SHALL AN OFFENDER BE SENTENCED TO  1,694        

ANY TERM OF IMPRISONMENT.                                          1,695        

      ARREST OR CONVICTION FOR A VIOLATION OF DIVISION (F)(1)(a)   1,698        

OR (b) OF SECTION 4511.69 OF THE REVISED CODE DOES NOT CONSTITUTE  1,700        

A CRIMINAL RECORD AND NEED NOT BE REPORTED BY THE PERSON SO        1,701        

ARRESTED OR CONVICTED IN RESPONSE TO ANY INQUIRIES CONTAINED IN    1,702        

ANY APPLICATION FOR EMPLOYMENT, LICENSE, OR OTHER RIGHT OR         1,703        

PRIVILEGE, OR MADE IN CONNECTION WITH THE PERSON'S APPEARANCE AS   1,704        

A WITNESS.                                                         1,705        

      EVERY FINE COLLECTED UNDER THIS DIVISION SHALL BE PAID BY    1,707        

THE CLERK OF THE COURT TO THE POLITICAL SUBDIVISION IN WHICH THE   1,708        

VIOLATION OCCURRED.  EXCEPT AS PROVIDED IN THIS DIVISION, THE      1,709        

POLITICAL SUBDIVISION SHALL USE THE FINE MONEYS IT RECEIVES UNDER  1,710        

THIS DIVISION TO PAY THE EXPENSES IT INCURS IN COMPLYING WITH THE  1,712        

SIGNAGE AND NOTICE REQUIREMENTS CONTAINED IN DIVISION (E) OF                    

SECTION 4511.69 OF THE REVISED CODE.  THE POLITICAL SUBDIVISION    1,713        

MAY USE UP TO FIFTY PER CENT OF EACH FINE IT RECEIVES UNDER THIS   1,714        

DIVISION TO PAY THE COSTS OF EDUCATIONAL, ADVOCACY, SUPPORT, AND   1,715        

ASSISTIVE TECHNOLOGY PROGRAMS FOR PERSONS WITH DISABILITIES, AND   1,716        

FOR PUBLIC IMPROVEMENTS WITHIN THE POLITICAL SUBDIVISION THAT      1,717        

BENEFIT OR ASSIST PERSONS WITH DISABILITIES, IF GOVERNMENTAL       1,718        

AGENCIES OR NONPROFIT ORGANIZATIONS OFFER THE PROGRAMS.            1,719        

      Sec. 4731.481.  NO PHYSICIAN SHALL DO EITHER OF THE          1,721        

FOLLOWING:                                                         1,722        

      (A)  FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO        1,723        

ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD,     1,724        

TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER    1,725        

SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES  1,726        

NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT  1,727        

SECTION;                                                                        

      (B)  FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN       1,729        

DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE         1,731        

PRESCRIPTION THE LENGTH OF TIME THE PHYSICIAN EXPECTS THE PERSON                

                                                          44     


                                                                 
TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S         1,733        

ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD  1,735        

ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF   1,736        

TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR        1,738        

PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES.              1,739        

      Sec. 4731.99.  (A)  Whoever violates section 4731.41,        1,748        

4731.43, or 4731.60 of the Revised Code is guilty of a felony of   1,750        

the fifth degree on a first offense and a felony of the fourth     1,751        

degree on each subsequent offense.                                 1,752        

      (B)  Whoever violates section 4731.49, 4731.50, or 4731.81   1,755        

of the Revised Code is guilty of a misdemeanor of the fourth       1,756        

degree on a first offense and a misdemeanor of the first degree                 

on each subsequent offense.                                        1,757        

      (C)  Whoever violates section 4731.46 or 4731.47 of the      1,759        

Revised Code is guilty of a felony of the fifth degree.            1,760        

      (D)  Whoever violates section 4731.48 of the Revised Code    1,762        

is guilty of a misdemeanor of the fourth degree.                   1,763        

      (E)  Whoever violates division (A), (B), (C), or (D) of      1,765        

section 4731.224 of the Revised Code is guilty of a minor          1,766        

misdemeanor on a first offense and a misdemeanor of the fourth     1,767        

degree on each subsequent offense, except that an individual       1,770        

guilty of a subsequent offense shall not be subject to             1,771        

imprisonment, but to a fine alone of up to one thousand dollars    1,772        

for each offense.                                                               

      (F)  WHOEVER VIOLATES SECTION 4731.481 OF THE REVISED CODE   1,774        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    1,775        

      Sec. 4734.23.  NO CHIROPRACTOR SHALL DO EITHER OF THE        1,777        

FOLLOWING:                                                         1,778        

      (A)  FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO        1,779        

ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD,     1,781        

TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER    1,782        

SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES  1,783        

NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT  1,784        

SECTION;                                                                        

                                                          45     


                                                                 
      (B)  FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN       1,786        

DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE         1,788        

PRESCRIPTION THE LENGTH OF TIME THE CHIROPRACTOR EXPECTS THE                    

PERSON TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S  1,790        

ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD  1,792        

ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF   1,793        

TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR        1,795        

PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES.              1,796        

      Sec. 4734.99.  (A)  Whoever violates section 4734.17 of the  1,805        

Revised Code is guilty of a misdemeanor of the second degree on a  1,806        

first offense and a felony of the fifth degree on each subsequent  1,807        

offense.                                                                        

      (B)  WHOEVER VIOLATES SECTION 4734.23 OF THE REVISED CODE    1,809        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    1,810        

      Section 2.  That existing sections 109.77, 3781.111,         1,812        

4503.44, 4511.69, 4511.99, 4731.99, and 4734.99 of the Revised     1,813        

Code are hereby repealed.                                          1,814        

      Section 3.  Sections 3781.111, 4503.44, 4511.69, 4511.99,    1,816        

4731.481, 4731.99, 4734.23, and 4734.99 of the Revised Code, as    1,817        

enacted or amended by this act, shall take effect on the           1,818        

ninety-first day after this act becomes law.                       1,819        

      Section 4.  This act is hereby declared to be an emergency   1,821        

measure necessary for the immediate preservation of the public     1,822        

peace, health, and safety.  The reason for such necessity is that  1,823        

the status of persons serving on a permanent basis prior to        1,824        

September 20, 1984, as liquor control investigators (known after   1,825        

June 30, 1999, as enforcement agents of the Department of Public   1,826        

Safety) requires clarification for those persons to continue to    1,827        

serve in that capacity.  Therefore, this act shall go into         1,828        

immediate effect.                                                  1,829