As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 202 5
1999-2000 6
REPRESENTATIVES WINKLER-ALLEN-BRADING-FORD-HAINES- 8
MOTTLEY-O'BRIEN-PADGETT-PRINGLE-SULZER-TERWILLEGER- 10
TIBERI-VAN VYVEN-YOUNG
_________________________________________________________________ 11
A B I L L
To amend sections 2913.01, 2913.02, 2913.42, 13
2913.51, 2925.01, and 2951.041 of the Revised 14
Code to expand the offense of tampering with 15
records to also prohibit tampering with any
package or receptacle containing dangerous drugs 16
or the contents of any such package or 17
receptacle, to prohibit treatment in lieu of
conviction for a person charged with violating 18
the new prohibition, to rename the offense as 19
"tampering with records or drugs," and to
increase the penalty for tampering with records 20
or drugs when it involves records required to be 21
kept under the drug laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2913.01, 2913.02, 2913.42, 25
2913.51, 2925.01, and 2951.041 of the Revised Code be amended to 26
read as follows: 27
Sec. 2913.01. As used in this chapter, unless the context 36
requires that a term be given a different meaning: 37
(A) "Deception" means knowingly deceiving another or 39
causing another to be deceived by any false or misleading 40
representation, by withholding information, by preventing another 41
from acquiring information, or by any other conduct, act, or 42
omission that creates, confirms, or perpetuates a false 43
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impression in another, including a false impression as to law, 44
value, state of mind, or other objective or subjective fact. 45
(B) "Defraud" means to knowingly obtain, by deception, 47
some benefit for oneself or another, or to knowingly cause, by 48
deception, some detriment to another. 49
(C) "Deprive" means to do any of the following: 51
(1) Withhold property of another permanently, or for a 53
period that appropriates a substantial portion of its value or 54
use, or with purpose to restore it only upon payment of a reward 55
or other consideration; 56
(2) Dispose of property so as to make it unlikely that the 58
owner will recover it; 59
(3) Accept, use, or appropriate money, property, or 61
services, with purpose not to give proper consideration in return 62
for the money, property, or services, and without reasonable 63
justification or excuse for not giving proper consideration. 64
(D) "Owner" means, unless the context requires a different 66
meaning, any person, other than the actor, who is the owner of, 68
who has possession or control of, or who has any license or 70
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. 71
(E) "Services" include labor, personal services, 73
professional services, public utility services, common carrier 74
services, and food, drink, transportation, entertainment, and 75
cable television services. 76
(F) "Writing" means any computer software, document, 78
letter, memorandum, note, paper, plate, data, film, or other 79
thing having in or upon it any written, typewritten, or printed 80
matter, and any token, stamp, seal, credit card, badge, 82
trademark, label, or other symbol of value, right, privilege, 83
license, or identification.
(G) "Forge" means to fabricate or create, in whole or in 85
part and by any means, any spurious writing, or to make, execute, 86
alter, complete, reproduce, or otherwise purport to authenticate 87
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any writing, when the writing in fact is not authenticated by 88
that conduct. 89
(H) "Utter" means to issue, publish, transfer, use, put or 91
send into circulation, deliver, or display. 92
(I) "Coin machine" means any mechanical or electronic 94
device designed to do both of the following: 95
(1) Receive a coin, bill, or token made for that purpose; 97
(2) In return for the insertion or deposit of a coin, 99
bill, or token, automatically dispense property, provide a 100
service, or grant a license. 101
(J) "Slug" means an object that, by virtue of its size, 103
shape, composition, or other quality, is capable of being 104
inserted or deposited in a coin machine as an improper substitute 105
for a genuine coin, bill, or token made for that purpose. 106
(K) "Theft offense" means any of the following: 108
(1) A violation of section 2911.01, 2911.02, 2911.11, 110
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 111
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 113
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 115
2913.47, former section 2913.47 or 2913.48, or section 2913.51, 116
2915.05, or 2921.41 of the Revised Code; 117
(2) A violation of an existing or former municipal 119
ordinance or law of this or any other state, or of the United 120
States, substantially equivalent to any section listed in 121
division (K)(1) of this section or a violation of section 122
2913.41, 2913.81, or 2915.06 of the Revised Code as it existed 123
prior to July 1, 1996;
(3) An offense under an existing or former municipal 125
ordinance or law of this or any other state, or of the United 126
States, involving robbery, burglary, breaking and entering, 127
theft, embezzlement, wrongful conversion, forgery, 128
counterfeiting, deceit, or fraud; 129
(4) A conspiracy or attempt to commit, or complicity in 131
committing, any offense under division (K)(1), (2), or (3) of 132
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this section. 133
(L) "Computer services" includes, but is not limited to, 135
the use of a computer system, computer network, computer program, 136
data that is prepared for computer use, or data that is contained 137
within a computer system or computer network. 138
(M) "Computer" means an electronic device that performs 140
logical, arithmetic, and memory functions by the manipulation of 141
electronic or magnetic impulses. "Computer" includes, but is not 142
limited to, all input, output, processing, storage, computer 143
program, or communication facilities that are connected, or 144
related, in a computer system or network to an electronic device 146
of that nature.
(N) "Computer system" means a computer and related 148
devices, whether connected or unconnected, including, but not 149
limited to, data input, output, and storage devices, data 150
communications links, and computer programs and data that make 151
the system capable of performing specified special purpose data 152
processing tasks. 153
(O) "Computer network" means a set of related and remotely 155
connected computers and communication facilities that includes 156
more than one computer system that has the capability to transmit 157
among the connected computers and communication facilities 158
through the use of computer facilities. 159
(P) "Computer program" means an ordered set of data 161
representing coded instructions or statements that, when executed 162
by a computer, cause the computer to process data. 163
(Q) "Computer software" means computer programs, 165
procedures, and other documentation associated with the operation 166
of a computer system. 167
(R) "Data" means a representation of information, 169
knowledge, facts, concepts, or instructions that are being or 170
have been prepared in a formalized manner and that are intended 171
for use in a computer, computer system, or computer network. For 173
purposes of section 2913.47 of the Revised Code, "data" has the 175
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additional meaning set forth in division (A) of that section. 176
(S) "Cable television service" means any services provided 178
by or through the facilities of any cable television system or 179
other similar closed-circuit coaxial cable communications system, 180
or any microwave or similar transmission service used in 181
connection with any cable television system or other similar 182
closed-circuit coaxial cable communications system. 183
(T) "Gain access" means to approach, instruct, communicate 185
with, store data in, retrieve data from, or otherwise make use of 186
any resources of a computer, computer system, or computer 187
network. 188
(U) "Credit card" includes, but is not limited to, a card, 190
code, device, or other means of access to a customer's account 191
for the purpose of obtaining money, property, labor, or services 192
on credit, or for initiating an electronic fund transfer at a 193
point-of-sale terminal, an automated teller machine, or a cash 194
dispensing machine. 195
(V) "Electronic fund transfer" has the same meaning as in 197
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. 198
(W) "Rented property" means personal property in which the 200
right of possession and use of the property is for a short and 201
possibly indeterminate term in return for consideration; the 202
rentee generally controls the duration of possession of the 203
property, within any applicable minimum or maximum term; and the 204
amount of consideration generally is determined by the duration 205
of possession of the property.
(X) "Telecommunication" means the origination, emission, 208
dissemination, transmission, or reception of data, images,
signals, sounds, or other intelligence or equivalence of 209
intelligence of any nature over any communications system by any 210
method, including, but not limited to, a fiber optic, electronic, 211
magnetic, optical, digital, or analog method. 212
(Y) "Telecommunications device" means any instrument, 215
equipment, machine, or other device that facilitates 216
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telecommunication, including, but not limited to, a computer, 217
computer network, computer chip, computer circuit, scanner, 218
telephone, cellular telephone, pager, personal communications 219
device, transponder, receiver, radio, modem, or device that 220
enables the use of a modem.
(Z) "Telecommunications service" means the providing, 223
allowing, facilitating, or generating of any form of 224
telecommunication through the use of a telecommunications device 225
over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a 228
telecommunications device that, alone or with another 229
telecommunications device, has been altered, constructed, 230
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or 231
information service without the authority or consent of the 233
provider of the telecommunications service or information 234
service. "Counterfeit telecommunications device" includes, but 235
is not limited to, a clone telephone, clone microchip, tumbler 236
telephone, or tumbler microchip; a wireless scanning device 237
capable of acquiring, intercepting, receiving, or otherwise 238
facilitating the use of telecommunications service or information 239
service without immediate detection; or a device, equipment, 240
hardware, or software designed for, or capable of, altering or 241
changing the electronic serial number in a wireless telephone. 242
(BB)(1) "Information service" means, subject to division 245
(BB)(2) of this section, the offering of a capability for 247
generating, acquiring, storing, transforming, processing, 248
retrieving, utilizing, or making available information via 249
telecommunications, including, but not limited to, electronic 250
publishing.
(2) "Information service" does not include any use of a 252
capability of a type described in division (BB)(1) of this 254
section for the management, control, or operation of a 255
telecommunications system or the management of a 256
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telecommunications service.
(CC) "DANGEROUS DRUG" AND "PRESCRIBER" HAVE THE SAME 259
MEANINGS AS IN SECTION 4729.01 OF THE REVISED CODE. 261
(DD) "TAMPER" MEANS TO CHANGE, SUBSTITUTE, OR ALTER, BY OR 264
THROUGH DECEPTION, WHEN THE CHANGE, SUBSTITUTION, OR ALTERATION 265
IS NOT DONE PURSUANT TO A VALID ORDER OF A LICENSED PRESCRIBER IN 266
THE NORMAL COURSE OF PROFESSIONAL PRACTICE. 267
Sec. 2913.02. (A) No person, with purpose to deprive the 276
owner of property or services, shall knowingly obtain or exert 277
control over either the property or services in any of the 278
following ways: 279
(1) Without the consent of the owner or person authorized 281
to give consent; 282
(2) Beyond the scope of the express or implied consent of 284
the owner or person authorized to give consent; 285
(3) By deception; 287
(4) By threat. 289
(B) Whoever violates this section is guilty of theft. 291
Except as otherwise provided in this division, a violation of 292
this section is petty theft, a misdemeanor of the first degree. 293
If the value of the property or services stolen is five hundred 294
dollars or more and is less than five thousand dollars or if the 295
property stolen is any of the property listed in section 2913.71 296
of the Revised Code, a violation of this section is theft, a 297
felony of the fifth degree. If the value of the property or 298
services stolen is five thousand dollars or more and is less than 299
one hundred thousand dollars or if the property stolen is a 300
firearm or dangerous ordnance, as defined in section 2923.11 of 301
the Revised Code, a violation of this section is grand theft, a 302
felony of the fourth degree. If the property stolen is a motor 303
vehicle, as defined in section 4501.01 of the Revised Code, a
violation of this section is grand theft of a motor vehicle, a 304
felony of the fourth degree. If the value of the property or 305
services stolen is one hundred thousand dollars or more, a 306
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violation of this section is aggravated theft, a felony of the 307
third degree. If the property stolen is any dangerous drug, as 308
defined in section 4729.01 of the Revised Code, a violation of 310
this section is theft of drugs, a felony of the fourth degree, 311
or, if the offender previously has been convicted of a felony 312
drug abuse offense, as defined in section 2925.01 of the Revised 313
Code, a felony of the third degree. 314
Sec. 2913.42. (A) No person, knowing the person has no 323
WITHOUT privilege to do so, and with purpose to defraud or 325
knowing that the person is facilitating a fraud, shall do any of 326
the following:
(1) Falsify, destroy, remove, conceal, alter, deface, or 328
mutilate any writing, computer software, data, or record; 330
(2) Utter any writing or record, knowing it to have been 332
tampered with as provided in division (A)(1) of this section; 333
(3) TAMPER WITH ANY PACKAGE OR RECEPTACLE CONTAINING ANY 335
DANGEROUS DRUG OR WITH THE CONTENTS OF ANY PACKAGE OR RECEPTACLE 337
CONTAINING ANY DANGEROUS DRUG.
(B)(1) Whoever violates this section is guilty of 339
tampering with records OR DRUGS. 340
(2) Except as provided in division (B)(4) of this section, 343
if the offense does not involve data or computer software, 344
tampering with records OR DRUGS is whichever of the following is 345
applicable:
(a) If division (B)(2)(b) OR (c) of this section does not 347
apply, a misdemeanor of the first degree; 349
(b) If the OFFENSE INVOLVES A writing or record THAT is a 351
will unrevoked at the time of the offense OR THAT IS A RECORD 354
REQUIRED TO BE KEPT BY CHAPTER 3719. OR 4729. OF THE REVISED 356
CODE, a felony of the fifth degree;
(c) IF THE OFFENSE INVOLVES A PACKAGE OR RECEPTACLE 359
CONTAINING DANGEROUS DRUGS OR INVOLVES THE CONTENTS OF A PACKAGE 360
OR RECEPTACLE CONTAINING DANGEROUS DRUGS, A FELONY OF THE SECOND 361
DEGREE.
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(3) Except as provided in division (B)(4) of this section, 364
if the offense involves a violation of division (A) of this 365
section involving data or computer software, tampering with
records is whichever of the following is applicable: 367
(a) Except as otherwise provided in division (B)(3)(b), 369
(c), or (d) of this section, a misdemeanor of the first degree; 370
(b) If THE DATA INVOLVES RECORDS REQUIRED TO BE KEPT BY 373
CHAPTER 3719. OR 4729. OF THE REVISED CODE AND DIVISION (B)(3)(c) 375
OR (d) OF THIS SECTION DOES NOT APPLY OR IF the value of the data 377
or computer software involved in the offense or the loss to the 379
victim is five hundred dollars or more and is less than five 380
thousand dollars, a felony of the fifth degree;
(c) If the value of the data or computer software involved 382
in the offense or the loss to the victim is five thousand dollars 384
or more and is less than one hundred thousand dollars, a felony 385
of the fourth degree;
(d) If the value of the data or computer software involved 387
in the offense or the loss to the victim is one hundred thousand 389
dollars or more or if the offense is committed for the purpose of 390
devising or executing a scheme to defraud or to obtain property 391
or services and the value of the property or services or the loss 392
to the victim is five thousand dollars or more, a felony of the 394
third degree.
(4) If the writing, data, computer software, or record is 397
kept by or belongs to a local, state, or federal governmental
entity, a felony of the third degree. 398
Sec. 2913.51. (A) No person shall receive, retain, or 407
dispose of property of another knowing or having reasonable cause 409
to believe that the property has been obtained through commission 410
of a theft offense.
(B) Whoever violates this section is guilty of receiving 412
stolen property. Except as otherwise provided in this division, 414
receiving stolen property is a misdemeanor of the first degree. 415
If the value of the property involved is five hundred dollars or 416
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more and is less than five thousand dollars, if the property 417
involved is any of the property listed in section 2913.71 of the 418
Revised Code, receiving stolen property is a felony of the fifth 419
degree. If the property involved is a motor vehicle, as defined 420
in section 4501.01 of the Revised Code, if the property involved 421
is a dangerous drug, as defined in section 4729.01 of the Revised 422
Code, if the value of the property involved is five thousand 424
dollars or more and is less than one hundred thousand dollars, or 425
if the property involved is a firearm or dangerous ordnance, as 426
defined in section 2923.11 of the Revised Code, receiving stolen 427
property is a felony of the fourth degree. If the value of the 428
property involved is one hundred thousand dollars or more,
receiving stolen property is a felony of the third degree. 430
Sec. 2925.01. As used in this chapter: 439
(A) "Administer," "controlled substance," "dispense," 441
"distribute," "hypodermic," "manufacturer," "official written 443
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," 445
"schedule II," "schedule III," "schedule IV," "schedule V," and 446
"wholesaler" have the same meanings as in section 3719.01 of the 447
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 449
same meanings as in section 3719.011 of the Revised Code. 450
(C) "Drug," "dangerous drug," "licensed health 452
professional authorized to prescribe drugs," and "prescription" 454
have the same meanings as in section 4729.01 of the Revised Code. 455
(D) "Bulk amount" of a controlled substance means any of 457
the following: 458
(1) For any compound, mixture, preparation, or substance 460
included in schedule I, schedule II, or schedule III, with the 462
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 464
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 466
twenty-five unit doses of a compound, mixture, preparation, or 467
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substance that is or contains any amount of a schedule I opiate 468
or opium derivative; 469
(b) An amount equal to or exceeding ten grams of a 472
compound, mixture, preparation, or substance that is or contains 473
any amount of raw or gum opium; 474
(c) An amount equal to or exceeding thirty grams or ten 477
unit doses of a compound, mixture, preparation, or substance that 478
is or contains any amount of a schedule I hallucinogen other than 479
tetrahydrocannabinol or lysergic acid amide, or a schedule I 482
stimulant or depressant; 483
(d) An amount equal to or exceeding twenty grams or five 486
times the maximum daily dose in the usual dose range specified in 487
a standard pharmaceutical reference manual of a compound, 488
mixture, preparation, or substance that is or contains any amount 489
of a schedule II opiate or opium derivative; 490
(e) An amount equal to or exceeding five grams or ten unit 492
doses of a compound, mixture, preparation, or substance that is 493
or contains any amount of phencyclidine; 494
(f) An amount equal to or exceeding one hundred twenty 496
grams or thirty times the maximum daily dose in the usual dose 497
range specified in a standard pharmaceutical reference manual of 498
a compound, mixture, preparation, or substance that is or 499
contains any amount of a schedule II stimulant that is in a final 500
dosage form manufactured by a person authorized by the "Federal 501
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 503
301, as amended, and the federal drug abuse control laws, as 504
defined in section 3719.01 of the Revised Code, that is or
contains any amount of a schedule II depressant substance or a 506
schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a 509
compound, mixture, preparation, or substance that is or contains 510
any amount of a schedule II stimulant, or any of its salts or 511
isomers, that is not in a final dosage form manufactured by a 512
person authorized by the Federal Food, Drug, and Cosmetic Act and 513
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the federal drug abuse control laws. 514
(2) An amount equal to or exceeding one hundred twenty 517
grams or thirty times the maximum daily dose in the usual dose 518
range specified in a standard pharmaceutical reference manual of 520
a compound, mixture, preparation, or substance that is or 522
contains any amount of a schedule III or IV substance other than 524
an anabolic steroid or a schedule III opiate or opium derivative; 525
(3) An amount equal to or exceeding twenty grams or five 527
times the maximum daily dose in the usual dose range specified in 528
a standard pharmaceutical reference manual of a compound, 529
mixture, preparation, or substance that is or contains any amount 531
of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 533
milliliters or two hundred fifty grams of a compound, mixture, 534
preparation, or substance that is or contains any amount of a 535
schedule V substance; 536
(5) An amount equal to or exceeding two hundred solid 539
dosage units, sixteen grams, or sixteen milliliters of a 540
compound, mixture, preparation, or substance that is or contains 541
any amount of a schedule III anabolic steroid. 542
(E) "Unit dose" means an amount or unit of a compound, 544
mixture, or preparation containing a controlled substance that is 545
separately identifiable and in a form that indicates that it is 547
the amount or unit by which the controlled substance is 548
separately administered to or taken by an individual. 549
(F) "Cultivate" includes planting, watering, fertilizing, 551
or tilling. 552
(G) "Drug abuse offense" means any of the following: 554
(1) A violation of division (A) of section 2913.02 that 556
constitutes theft of drugs, A VIOLATION OF SECTION 2913.42 OF THE 557
REVISED CODE THAT INVOLVES ANY RECORD REQUIRED TO BE KEPT BY 559
CHAPTER 3719. OR 4729. OF THE REVISED CODE OR THAT INVOLVES ANY 560
PACKAGE OR RECEPTACLE CONTAINING DANGEROUS DRUGS OR THE CONTENTS
OF ANY PACKAGE OR RECEPTACLE CONTAINING DANGEROUS DRUGS, or a 561
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violation of section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 563
2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.31, 2925.32, 565
2925.36, or 2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or 567
any other state or of the United States that is substantially 568
equivalent to any section listed in division (G)(1) of this 569
section; 570
(3) An offense under an existing or former law of this or 572
any other state, or of the United States, of which planting, 573
cultivating, harvesting, processing, making, manufacturing, 574
producing, shipping, transporting, delivering, acquiring, 575
possessing, storing, distributing, dispensing, selling, inducing 576
another to use, administering to another, using, or otherwise 577
dealing with a controlled substance is an element; 578
(4) A conspiracy to commit, attempt to commit, or 580
complicity in committing or attempting to commit any offense 581
under division (G)(1), (2), or (3) of this section. 582
(H) "Felony drug abuse offense" means any drug abuse 584
offense that would constitute a felony under the laws of this 585
state, any other state, or the United States. 586
(I) "Harmful intoxicant" does not include beer or 588
intoxicating liquor but means any compound, mixture, preparation, 590
or substance the gas, fumes, or vapor of which when inhaled can 591
induce intoxication, excitement, giddiness, irrational behavior, 592
depression, stupefaction, paralysis, unconsciousness, 593
asphyxiation, or other harmful physiological effects, and 594
includes, but is not limited to, any of the following: 595
(1) Any volatile organic solvent, plastic cement, model 597
cement, fingernail polish remover, lacquer thinner, cleaning 598
fluid, gasoline, or other preparation containing a volatile 599
organic solvent; 600
(2) Any aerosol propellant; 602
(3) Any fluorocarbon refrigerant; 604
(4) Any anesthetic gas. 606
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(J) "Manufacture" means to plant, cultivate, harvest, 608
process, make, prepare, or otherwise engage in any part of the 609
production of a drug, by propagation, extraction, chemical 610
synthesis, or compounding, or any combination of the same, and 611
includes packaging, repackaging, labeling, and other activities 612
incident to production. 613
(K) "Possess" or "possession" means having control over a 615
thing or substance, but may not be inferred solely from mere 616
access to the thing or substance through ownership or occupation 617
of the premises upon which the thing or substance is found. 618
(L) "Sample drug" means a drug or pharmaceutical 620
preparation that would be hazardous to health or safety if used 621
without the supervision of a licensed health professional 623
authorized to prescribe drugs, or a drug of abuse, and that, at 624
one time, had been placed in a container plainly marked as a 625
sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the 627
current edition, with cumulative changes if any, of any of the 628
following reference works: 629
(1) "The National Formulary"; 631
(2) "The United States Pharmacopeia," prepared by 633
authority of the United States Pharmacopeial Convention, Inc.; 634
(3) Other standard references that are approved by the 636
state board of pharmacy. 637
(N) "Juvenile" means a person under eighteen years of age. 639
(O) "Counterfeit controlled substance" means any of the 641
following: 642
(1) Any drug that bears, or whose container or label 644
bears, a trademark, trade name, or other identifying mark used 645
without authorization of the owner of rights to that trademark, 646
trade name, or identifying mark; 647
(2) Any unmarked or unlabeled substance that is 649
represented to be a controlled substance manufactured, processed, 650
packed, or distributed by a person other than the person that 651
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manufactured, processed, packed, or distributed it; 652
(3) Any substance that is represented to be a controlled 654
substance but is not a controlled substance or is a different 655
controlled substance; 656
(4) Any substance other than a controlled substance that a 658
reasonable person would believe to be a controlled substance 659
because of its similarity in shape, size, and color, or its 660
markings, labeling, packaging, distribution, or the price for 661
which it is sold or offered for sale. 662
(P) An offense is "committed in the vicinity of a school" 664
if the offender commits the offense on school premises, in a 665
school building, or within one thousand feet of the boundaries of 666
any school premises.
(Q) "School" means any school operated by a board of 668
education or any school for which the state board of education 669
prescribes minimum standards under section 3301.07 of the Revised 670
Code, whether or not any instruction, extracurricular activities, 671
or training provided by the school is being conducted at the time 672
a criminal offense is committed. 673
(R) "School premises" means either of the following: 675
(1) The parcel of real property on which any school is 677
situated, whether or not any instruction, extracurricular 678
activities, or training provided by the school is being conducted 679
on the premises at the time a criminal offense is committed; 680
(2) Any other parcel of real property that is owned or 682
leased by a board of education of a school or the governing body 683
of a school for which the state board of education prescribes 684
minimum standards under section 3301.07 of the Revised Code and 685
on which some of the instruction, extracurricular activities, or 686
training of the school is conducted, whether or not any 687
instruction, extracurricular activities, or training provided by 688
the school is being conducted on the parcel of real property at 689
the time a criminal offense is committed. 690
(S) "School building" means any building in which any of 692
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the instruction, extracurricular activities, or training provided 693
by a school is conducted, whether or not any instruction, 694
extracurricular activities, or training provided by the school is 695
being conducted in the school building at the time a criminal 696
offense is committed. 697
(T) "Disciplinary counsel" means the disciplinary counsel 699
appointed by the board of commissioners on grievances and 700
discipline of the supreme court under the Rules for the 701
Government of the Bar of Ohio. 702
(U) "Certified grievance committee" means a duly 704
constituted and organized committee of the Ohio state bar 705
association or of one or more local bar associations of the state 706
of Ohio that complies with the criteria set forth in Rule V, 707
section 6 of the Rules for the Government of the Bar of Ohio. 708
(V) "Professional license" means any license, permit, 710
certificate, registration, qualification, admission, temporary 711
license, temporary permit, temporary certificate, or temporary 712
registration that is described in divisions (W)(1) to (35) of 713
this section and that qualifies a person as a professionally 714
licensed person. 715
(W) "Professionally licensed person" means any of the 717
following: 718
(1) A person who has obtained a license as a manufacturer 720
of controlled substances or a wholesaler of controlled substances 721
under Chapter 3719. of the Revised Code; 722
(2) A person who has received a certificate or temporary 724
certificate as a certified public accountant or who has 725
registered as a public accountant under Chapter 4701. of the 726
Revised Code and who holds an Ohio permit issued under that 727
chapter; 728
(3) A person who holds a certificate of qualification to 730
practice architecture issued or renewed and registered under 731
Chapter 4703. of the Revised Code; 732
(4) A person who is registered as a landscape architect 734
17
under Chapter 4703. of the Revised Code or who holds a permit as 735
a landscape architect issued under that chapter; 736
(5) A person licensed as an auctioneer or apprentice 738
auctioneer or licensed to operate an auction company under 739
Chapter 4707. of the Revised Code; 740
(6) A person who has been issued a certificate of 742
registration as a registered barber under Chapter 4709. of the 743
Revised Code; 744
(7) A person licensed and regulated to engage in the 746
business of a debt pooling company by a legislative authority, 747
under authority of Chapter 4710. of the Revised Code; 748
(8) A person who has been issued a cosmetologist's 750
license, manicurist's license, esthetician's license, managing 751
cosmetologist's license, managing manicurist's license, managing 752
esthetician's license, cosmetology instructor's license, 753
manicurist instructor's license, esthetician instructor's 754
license, or tanning facility permit under Chapter 4713. of the 755
Revised Code; 756
(9) A person who has been issued a license to practice 758
dentistry, a general anesthesia permit, a conscious intravenous 759
sedation permit, a limited resident's license, a limited teaching 760
license, a dental hygienist's license, or a dental hygienist's 761
teacher's certificate under Chapter 4715. of the Revised Code; 762
(10) A person who has been issued an embalmer's license, a 764
funeral director's license, a funeral home license, or a 765
crematory license, or who has been registered for an embalmer's 766
or funeral director's apprenticeship under Chapter 4717. of the 767
Revised Code;
(11) A person who has been licensed as a registered nurse 769
or practical nurse, or who has been issued a certificate for the 770
practice of nurse-midwifery under Chapter 4723. of the Revised 771
Code; 772
(12) A person who has been licensed to practice optometry 774
or to engage in optical dispensing under Chapter 4725. of the 775
18
Revised Code; 776
(13) A person licensed to act as a pawnbroker under 778
Chapter 4727. of the Revised Code; 779
(14) A person licensed to act as a precious metals dealer 781
under Chapter 4728. of the Revised Code; 782
(15) A person licensed as a pharmacist, a pharmacy intern, 785
a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised 786
Code; 787
(16) A person who is authorized to practice as a physician 789
assistant under Chapter 4730. of the Revised Code; 790
(17) A person who has been issued a certificate to 792
practice medicine and surgery, osteopathic medicine and surgery, 793
a limited branch of medicine, or podiatry under Chapter 4731. of 795
the Revised Code;
(18) A person licensed as a psychologist or school 797
psychologist under Chapter 4732. of the Revised Code; 798
(19) A person registered to practice the profession of 800
engineering or surveying under Chapter 4733. of the Revised Code; 801
(20) A person who has been issued a license to practice 804
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker, 806
real estate salesperson, limited real estate broker, or limited 807
real estate salesperson under Chapter 4735. of the Revised Code; 808
(22) A person registered as a registered sanitarian under 810
Chapter 4736. of the Revised Code; 811
(23) A person licensed to operate or maintain a junkyard 813
under Chapter 4737. of the Revised Code; 814
(24) A person who has been issued a motor vehicle salvage 816
dealer's license under Chapter 4738. of the Revised Code; 817
(25) A person who has been licensed to act as a steam 819
engineer under Chapter 4739. of the Revised Code; 820
(26) A person who has been issued a license or temporary 822
permit to practice veterinary medicine or any of its branches, or 823
19
who is registered as a graduate animal technician under Chapter 824
4741. of the Revised Code; 825
(27) A person who has been issued a hearing aid dealer's 827
or fitter's license or trainee permit under Chapter 4747. of the 828
Revised Code; 829
(28) A person who has been issued a class A, class B, or 831
class C license or who has been registered as an investigator or 832
security guard employee under Chapter 4749. of the Revised Code; 833
(29) A person licensed and registered to practice as a 835
nursing home administrator under Chapter 4751. of the Revised 836
Code; 837
(30) A person licensed to practice as a speech-language 839
pathologist or audiologist under Chapter 4753. of the Revised 841
Code;
(31) A person issued a license as an occupational 843
therapist or physical therapist under Chapter 4755. of the 844
Revised Code; 845
(32) A person who is licensed as a professional clinical 847
counselor or professional counselor, licensed as a social worker 848
or independent social worker, or registered as a social work 849
assistant under Chapter 4757. of the Revised Code; 850
(33) A person issued a license to practice dietetics under 852
Chapter 4759. of the Revised Code; 853
(34) A person who has been issued a license or limited 856
permit to practice respiratory therapy under Chapter 4761. of the 857
Revised Code; 858
(35) A person who has been issued a real estate appraiser 860
certificate under Chapter 4763. of the Revised Code. 861
(X) "Cocaine" means any of the following: 863
(1) A cocaine salt, isomer, or derivative, a salt of a 865
cocaine isomer or derivative, or the base form of cocaine; 866
(2) Coca leaves or a salt, compound, derivative, or 868
preparation of coca leaves, including ecgonine, a salt, isomer, 869
or derivative of ecgonine, or a salt of an isomer or derivative 870
20
of ecgonine; 871
(3) A salt, compound, derivative, or preparation of a 873
substance identified in division (X)(1) or (2) of this section 875
that is chemically equivalent to or identical with any of those 876
substances, except that the substances shall not include 877
decocainized coca leaves or extraction of coca leaves if the 878
extractions do not contain cocaine or ecgonine. 879
(Y) "L.S.D." means lysergic acid diethylamide. 882
(Z) "Hashish" means the resin or a preparation of the 884
resin contained in marihuana, whether in solid form or in a 885
liquid concentrate, liquid extract, or liquid distillate form. 886
(AA) "Marihuana" has the same meaning as in section 888
3719.01 of the Revised Code, except that it does not include 890
hashish.
(BB) An offense is "committed in the vicinity of a 892
juvenile" if the offender commits the offense within one hundred 894
feet of a juvenile or within the view of a juvenile, regardless 895
of whether the offender knows the age of the juvenile, whether 896
the offender knows the offense is being committed within one 897
hundred feet of or within view of the juvenile, or whether the 898
juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that 900
a prison term shall be imposed" means a presumption, as described 901
in division (D) of section 2929.13 of the Revised Code, that a 902
prison term is a necessary sanction for a felony in order to 903
comply with the purposes and principles of sentencing under 904
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 906
section 2929.01 of the Revised Code. 907
(EE) "Minor drug possession offense" means either of the 909
following: 910
(1) A violation of section 2925.11 of the Revised Code as 912
it existed prior to July 1, 1996; 913
(2) A violation of section 2925.11 of the Revised Code as 915
21
it exists on and after July 1, 1996, that is a misdemeanor or a 916
felony of the fifth degree. 917
(FF) "Mandatory prison term" has the same meaning as in 920
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 922
preparation, or substance that is or contains any amount of 923
cocaine that is analytically identified as the base form of 924
cocaine or that is in a form that resembles rocks or pebbles 925
generally intended for individual use.
Sec. 2951.041. (A) If the court has reason to believe 934
that an offender charged with a felony or misdemeanor is a drug 935
dependent person or is in danger of becoming a drug dependent 936
person, the court shall accept, prior to the entry of a plea, 937
that offender's request for treatment in lieu of conviction. If 938
the offender requests treatment in lieu of conviction, the court 939
shall stay all criminal proceedings pending the outcome of the 940
hearing to determine whether the offender is a person eligible 941
for treatment in lieu of conviction. At the conclusion of the 942
hearing, the court shall enter its findings and accept the 943
offender's plea. 944
(B)(1) An offender who requests treatment in lieu of 946
conviction under division (A) of this section is eligible for 947
that treatment if the court finds that: 948
(1)(a) The offender's drug dependence or danger of drug 950
dependence was a factor leading to the criminal activity with 951
which the offender is charged, and rehabilitation through 952
treatment would substantially reduce the likelihood of additional 953
criminal activity. 954
(2)(b) The offender has been accepted into a program 956
licensed by the department of alcohol and drug addiction services 958
pursuant to section 3793.11 of the Revised Code, a program 960
certified by the department pursuant to section 3793.06 of the 961
Revised Code, a public or private hospital, the veterans 962
administration or other agency of the federal government, private 963
22
care or treatment rendered by a physician or a psychologist 964
licensed in the state, or other appropriate drug treatment 965
facility or program.
(3)(c) If the offender is convicted of a misdemeanor, the 967
offender would be eligible for probation under section 2951.02 of 969
the Revised Code, except that a finding of any of the criteria 970
listed in division (D) of that section shall cause the offender 971
to be conclusively ineligible for treatment in lieu of 972
conviction. If the offender is convicted of a felony, the 973
offender would be eligible for a community control sanction. 974
(4)(d) The offender is not a repeat offender or dangerous 976
offender, as defined in section 2935.36 of the Revised Code; 978
(5)(e) The offender is not charged with a violation of 980
section 2925.02, 2925.03, 2925.04, or 2925.11 of the Revised Code 982
that is not a minor drug possession offense, as defined in 983
section 2925.01 of the Revised Code; 984
(f) THE OFFENDER IS NOT CHARGED WITH A VIOLATION OF 986
DIVISION (A)(3) OF SECTION 2913.42 OF THE REVISED CODE. 987
(2) Upon a finding of that nature UNDER DIVISION (B)(1) OF 990
THIS SECTION THAT THE OFFENDER IS ELIGIBLE FOR TREATMENT IN LIEU 991
OF CONVICTION and if the offender enters a plea of guilty or no 993
contest, the court may stay all criminal proceedings and order 994
the offender to a period of rehabilitation. If a plea of not 995
guilty is entered, a trial shall precede further consideration of 996
the offender's request for treatment in lieu of conviction. 997
(C) The offender and the prosecuting attorney shall be 999
afforded the opportunity to present evidence to establish 1,000
eligibility or ineligibility for treatment in lieu of conviction, 1,001
and the prosecuting attorney may make a recommendation to the 1,002
court concerning whether the offender should receive treatment in 1,003
lieu of conviction. Upon the request of the offender and to aid 1,004
the offender in establishing the offender's eligibility for 1,005
treatment in lieu of conviction, the court may refer the offender 1,006
for medical and psychiatric examination to the department of 1,007
23
mental health, to a state facility designated by the department, 1,008
to a psychiatric clinic approved by the department, or to a 1,009
facility or program described in division (B)(2) of this section. 1,010
However, the psychiatric portion of an examination pursuant to a 1,011
referral under this division shall be performed only by a 1,012
court-appointed individual who has not previously treated the 1,013
offender or a member of the offender's immediate family. 1,014
(D) An offender found to be eligible for treatment in lieu 1,016
of conviction and ordered to a period of rehabilitation shall be 1,017
placed under the control and supervision of the county probation 1,018
department or the adult parole authority as provided in this 1,019
chapter as if the offender were on probation or as if the 1,020
offender were under a community control sanction. The court 1,021
shall order a period of rehabilitation to continue for any period 1,022
that the judge or magistrate determines. The period of 1,023
rehabilitation may be extended, but the total period shall not 1,024
exceed three years. The period of rehabilitation shall be 1,025
conditioned upon the offender's voluntary entrance into an 1,026
appropriate drug treatment facility or program, faithful 1,027
submission to prescribed treatment, and any other conditions that 1,028
the court orders.
(E) Treatment of a person ordered to a period of 1,030
rehabilitation under this section may include hospitalization 1,031
under close supervision or otherwise, release on an outpatient 1,032
status under supervision, and other treatment or after-care that 1,034
the appropriate drug treatment facility or program considers
necessary or desirable to rehabilitate that person. Persons 1,035
released from hospitalization or treatment but still subject to 1,036
the ordered period of rehabilitation may be rehospitalized or 1,037
returned to treatment at any time it becomes necessary for their 1,038
treatment and rehabilitation. 1,039
(F) If the appropriate drug treatment facility or program 1,041
reports to the probation officer that the offender has 1,042
successfully completed treatment and is rehabilitated, the court 1,043
24
may dismiss the charges pending against the offender. If the 1,044
facility or program reports to the probation officer that the 1,045
offender has successfully completed treatment and is 1,046
rehabilitated or has obtained maximum benefits from treatment and 1,048
that the offender has completed the period of rehabilitation and 1,049
other conditions ordered by the court, the court shall dismiss 1,050
the charges pending against the offender. If the facility or 1,051
program reports to the probation officer that the offender has 1,052
failed treatment, has failed to submit to or follow the 1,053
prescribed treatment, or has become a discipline problem, if the 1,054
offender does not satisfactorily complete the period of
rehabilitation or the other conditions ordered by the court, or 1,055
if the offender violates the conditions of the period of 1,056
rehabilitation, the offender shall be arrested as provided in 1,057
section 2951.08 of the Revised Code and removed from the facility 1,058
or program, and the court immediately shall hold a hearing to 1,059
determine if the offender failed treatment, failed to submit to 1,060
or follow the prescribed treatment, did not satisfactorily 1,061
complete the period of rehabilitation or any other condition 1,062
ordered by the court, or violated any condition of the period of 1,063
rehabilitation. If the court so determines, it immediately shall 1,064
enter an adjudication of guilt and shall impose upon the offender 1,065
a term of imprisonment. 1,066
At any time and for any appropriate reason, the offender, 1,068
the offender's probation officer, the authority or department 1,069
that has the duty to control and supervise the offender as 1,071
provided for in section 2951.05 of the Revised Code, or the 1,072
facility or program may petition the court to reconsider, 1,073
suspend, or modify its order for treatment concerning that 1,074
offender.
(G) The appropriate drug treatment facility or program 1,076
shall report to the authority or department that has the duty to 1,077
control and supervise the offender as provided for in section 1,078
2951.05 of the Revised Code at any periodic reporting period the 1,079
25
court requires and whenever the offender is changed from an 1,080
inpatient to an outpatient, is transferred to another treatment 1,081
facility or program, fails treatment, fails to submit to or 1,082
follow the prescribed treatment, becomes a discipline problem, 1,083
does not satisfactorily complete the period of rehabilitation or 1,084
other conditions ordered by the court, has violated the 1,085
conditions of the period of rehabilitation, is rehabilitated, or 1,086
obtains the maximum benefit of treatment. 1,087
(H) If, on the motion of an offender ordered to a period 1,089
of rehabilitation under this section, the court finds that the 1,090
offender has successfully completed the period of rehabilitation 1,091
ordered by the court, is rehabilitated, is no longer drug 1,092
dependent or in danger of becoming drug dependent, and has 1,093
completed all other conditions, the court shall dismiss the 1,094
proceeding against the offender. Successful completion of a 1,095
period of rehabilitation under this section shall be without 1,096
adjudication of guilt and is not a criminal conviction for 1,097
purposes of disqualifications or disabilities imposed by law and 1,098
upon conviction of a crime, and the court may order the sealing 1,099
of records in the manner provided in sections 2953.31 to 2953.36 1,100
of the Revised Code. 1,101
(I) Any person ordered to treatment by the terms of this 1,103
section shall be liable for expenses incurred during the course 1,104
of treatment, and, if the offender is treated in a benevolent 1,105
institution under the jurisdiction of the department of mental 1,106
health, the offender is subject to Chapter 5121. of the Revised 1,107
Code.
(J) An offender who is charged with a drug abuse offense, 1,109
other than a minor misdemeanor offense involving marihuana, and 1,111
who otherwise is eligible for treatment in lieu of conviction may 1,112
request and may be ordered to a period of rehabilitation even 1,113
though the findings required by divisions (B)(1)(a) and (2)(b) of 1,114
this section are not made. An order to rehabilitation under this 1,116
division shall be subject to the conditions that the court 1,117
26
requires but shall not be conditioned upon entry into an 1,118
appropriate drug treatment facility or program. 1,119
(K) As used in this section, "community control sanction" 1,121
has the same meaning as in section 2929.01 of the Revised Code. 1,123
Section 2. That existing sections 2913.01, 2913.02, 1,125
2913.42, 2913.51, 2925.01, and 2951.041 of the Revised Code are 1,126
hereby repealed.
Section 3. Section 2925.01 of the Revised Code is 1,128
presented in this act as a composite of the section as amended by 1,129
both Sub. H.B. 606 and Sub. S.B. 200 of the 122nd General 1,130
Assembly, with the new language of neither of the acts shown in 1,132
capital letters. This is in recognition of the principle stated 1,133
in division (B) of section 1.52 of the Revised Code that such 1,134
amendments are to be harmonized where not substantively 1,135
irreconcilable and constitutes a legislative finding that such is 1,136
the resulting version in effect prior to the effective date of 1,137
this act.