As Reported by House Criminal Justice Committee           1            

123rd General Assembly                                             4            

   Regular Session                           Sub. 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-FERDERBER-CALLENDER-DePIERO                       


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 2913.42, 2925.01, and 2951.041 and  14           

                to enact section 2925.24 of the Revised Code to                 

                prohibit substituting, adulterating, or altering   15           

                any dangerous drug or any package or receptacle    17           

                containing dangerous drugs, to prohibit in         18           

                certain circumstances treatment in lieu of                      

                conviction for a person charged with violating     19           

                the new prohibition, and to increase the penalty   21           

                for tampering with records when it involves        22           

                records required to be kept under the drug laws.                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 2913.42, 2925.01, and 2951.041 be  27           

amended and section 2925.24 of the Revised Code be enacted to      28           

read as follows:                                                   29           

      Sec. 2913.42.  (A)  No person, knowing the person has no     38           

WITHOUT privilege to do so, and with purpose to defraud or         40           

knowing that the person is facilitating a fraud, shall do any of   41           

the following:                                                                  

      (1)  Falsify, destroy, remove, conceal, alter, deface, or    43           

mutilate any writing, computer software, data, or record;          45           

      (2)  Utter any writing or record, knowing it to have been    47           

tampered with as provided in division (A)(1) of this section.      48           

      (B)(1)  Whoever violates this section is guilty of           50           

tampering with records.                                                         

                                                          2      


                                                                 
      (2)  Except as provided in division (B)(4) of this section,  53           

if the offense does not involve data or computer software,         54           

tampering with records is whichever of the following is            55           

applicable:                                                                     

      (a)  If division (B)(2)(b) OR (c) of this section does not   57           

apply, a misdemeanor of the first degree;                          59           

      (b)  If the OFFENSE INVOLVES A writing or record THAT is a   61           

will unrevoked at the time of the offense OR THAT IS A RECORD      64           

REQUIRED TO BE KEPT BY CHAPTER 3719. OR 4729. OF THE REVISED       66           

CODE, a felony of the fifth degree.                                             

      (3)  Except as provided in division (B)(4) of this section,  69           

if the offense involves a violation of division (A) of this        70           

section involving data or computer software, tampering with                     

records is whichever of the following is applicable:               72           

      (a)  Except as otherwise provided in division (B)(3)(b),     74           

(c), or (d) of this section, a misdemeanor of the first degree;    75           

      (b)  If THE DATA INVOLVES RECORDS REQUIRED TO BE KEPT BY     78           

CHAPTER 3719. OR 4729. OF THE REVISED CODE AND DIVISION (B)(3)(c)  80           

OR (d) OF THIS SECTION DOES NOT APPLY OR IF the value of the data  82           

or computer software involved in the offense or the loss to the    84           

victim is five hundred dollars or more and is less than five       85           

thousand dollars, a felony of the fifth degree;                                 

      (c)  If the value of the data or computer software involved  87           

in the offense or the loss to the victim is five thousand dollars  89           

or more and is less than one hundred thousand dollars, a felony    90           

of the fourth degree;                                                           

      (d)  If the value of the data or computer software involved  92           

in the offense or the loss to the victim is one hundred thousand   94           

dollars or more or if the offense is committed for the purpose of  95           

devising or executing a scheme to defraud or to obtain property    96           

or services and the value of the property or services or the loss  97           

to the victim is five thousand dollars or more, a felony of the    99           

third degree.                                                                   

      (4)  If the writing, data, computer software, or record is   102          

                                                          3      


                                                                 
kept by or belongs to a local, state, or federal governmental                   

entity, a felony of the third degree.                              103          

      Sec. 2925.01.  As used in this chapter:                      112          

      (A)  "Administer," "controlled substance," "dispense,"       114          

"distribute," "hypodermic," "manufacturer," "official written      116          

order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"  118          

"schedule II," "schedule III," "schedule IV," "schedule V," and    119          

"wholesaler" have the same meanings as in section 3719.01 of the   120          

Revised Code.                                                                   

      (B)  "Drug dependent person" and "drug of abuse" have the    122          

same meanings as in section 3719.011 of the Revised Code.          123          

      (C)  "Drug," "dangerous drug," "licensed health              125          

professional authorized to prescribe drugs," and "prescription"    127          

have the same meanings as in section 4729.01 of the Revised Code.  128          

      (D)  "Bulk amount" of a controlled substance means any of    130          

the following:                                                     131          

      (1)  For any compound, mixture, preparation, or substance    133          

included in schedule I, schedule II, or schedule III, with the     135          

exception of marihuana, cocaine, L.S.D., heroin, and hashish and                

except as provided in division (D)(2) or (5) of this section,      137          

whichever of the following is applicable:                                       

      (a)  An amount equal to or exceeding ten grams or            139          

twenty-five unit doses of a compound, mixture, preparation, or     140          

substance that is or contains any amount of a schedule I opiate    141          

or opium derivative;                                               142          

      (b)  An amount equal to or exceeding ten grams of a          145          

compound, mixture, preparation, or substance that is or contains   146          

any amount of raw or gum opium;                                    147          

      (c)  An amount equal to or exceeding thirty grams or ten     150          

unit doses of a compound, mixture, preparation, or substance that  151          

is or contains any amount of a schedule I hallucinogen other than  152          

tetrahydrocannabinol or lysergic acid amide, or a schedule I       155          

stimulant or depressant;                                           156          

      (d)  An amount equal to or exceeding twenty grams or five    159          

                                                          4      


                                                                 
times the maximum daily dose in the usual dose range specified in  160          

a standard pharmaceutical reference manual of a compound,          161          

mixture, preparation, or substance that is or contains any amount  162          

of a schedule II opiate or opium derivative;                       163          

      (e)  An amount equal to or exceeding five grams or ten unit  165          

doses of a compound, mixture, preparation, or substance that is    166          

or contains any amount of phencyclidine;                           167          

      (f)  An amount equal to or exceeding one hundred twenty      169          

grams or thirty times the maximum daily dose in the usual dose     170          

range specified in a standard pharmaceutical reference manual of   171          

a compound, mixture, preparation, or substance that is or          172          

contains any amount of a schedule II stimulant that is in a final  173          

dosage form manufactured by a person authorized by the "Federal    174          

Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.   176          

301, as amended, and the federal drug abuse control laws, as       177          

defined in section 3719.01 of the Revised Code, that is or                      

contains any amount of a schedule II depressant substance or a     179          

schedule II hallucinogenic substance;                                           

      (g)  An amount equal to or exceeding three grams of a        182          

compound, mixture, preparation, or substance that is or contains   183          

any amount of a schedule II stimulant, or any of its salts or      184          

isomers, that is not in a final dosage form manufactured by a      185          

person authorized by the Federal Food, Drug, and Cosmetic Act and  186          

the federal drug abuse control laws.                               187          

      (2)  An amount equal to or exceeding one hundred twenty      190          

grams or thirty times the maximum daily dose in the usual dose     191          

range specified in a standard pharmaceutical reference manual of   193          

a compound, mixture, preparation, or substance that is or          195          

contains any amount of a schedule III or IV substance other than   197          

an anabolic steroid or a schedule III opiate or opium derivative;  198          

      (3)  An amount equal to or exceeding twenty grams or five    200          

times the maximum daily dose in the usual dose range specified in  201          

a standard pharmaceutical reference manual of a compound,          202          

mixture, preparation, or substance that is or contains any amount  204          

                                                          5      


                                                                 
of a schedule III opiate or opium derivative;                                   

      (4)  An amount equal to or exceeding two hundred fifty       206          

milliliters or two hundred fifty grams of a compound, mixture,     207          

preparation, or substance that is or contains any amount of a      208          

schedule V substance;                                              209          

      (5)  An amount equal to or exceeding two hundred solid       212          

dosage units, sixteen grams, or sixteen milliliters of a           213          

compound, mixture, preparation, or substance that is or contains   214          

any amount of a schedule III anabolic steroid.                     215          

      (E)  "Unit dose" means an amount or unit of a compound,      217          

mixture, or preparation containing a controlled substance that is  218          

separately identifiable and in a form that indicates that it is    220          

the amount or unit by which the controlled substance is            221          

separately administered to or taken by an individual.              222          

      (F)  "Cultivate" includes planting, watering, fertilizing,   224          

or tilling.                                                        225          

      (G)  "Drug abuse offense" means any of the following:        227          

      (1)  A violation of division (A) of section 2913.02 that     229          

constitutes theft of drugs, A VIOLATION OF SECTION 2913.42 OF THE  230          

REVISED CODE THAT INVOLVES ANY RECORD REQUIRED TO BE KEPT BY       232          

CHAPTER 3719. OR 4729. OF THE REVISED CODE, or a violation of      234          

section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11,      235          

2925.12, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32,     237          

2925.36, or 2925.37 of the Revised Code;                                        

      (2)  A violation of an existing or former law of this or     239          

any other state or of the United States that is substantially      240          

equivalent to any section listed in division (G)(1) of this        241          

section;                                                           242          

      (3)  An offense under an existing or former law of this or   244          

any other state, or of the United States, of which planting,       245          

cultivating, harvesting, processing, making, manufacturing,        246          

producing, shipping, transporting, delivering, acquiring,          247          

possessing, storing, distributing, dispensing, selling, inducing   248          

another to use, administering to another, using, or otherwise      249          

                                                          6      


                                                                 
dealing with a controlled substance is an element;                 250          

      (4)  A conspiracy to commit, attempt to commit, or           252          

complicity in committing or attempting to commit any offense       253          

under division (G)(1), (2), or (3) of this section.                254          

      (H)  "Felony drug abuse offense" means any drug abuse        256          

offense that would constitute a felony under the laws of this      257          

state, any other state, or the United States.                      258          

      (I)  "Harmful intoxicant" does not include beer or           260          

intoxicating liquor but means any compound, mixture, preparation,  262          

or substance the gas, fumes, or vapor of which when inhaled can    263          

induce intoxication, excitement, giddiness, irrational behavior,   264          

depression, stupefaction, paralysis, unconsciousness,              265          

asphyxiation, or other harmful physiological effects, and          266          

includes, but is not limited to, any of the following:             267          

      (1)  Any volatile organic solvent, plastic cement, model     269          

cement, fingernail polish remover, lacquer thinner, cleaning       270          

fluid, gasoline, or other preparation containing a volatile        271          

organic solvent;                                                   272          

      (2)  Any aerosol propellant;                                 274          

      (3)  Any fluorocarbon refrigerant;                           276          

      (4)  Any anesthetic gas.                                     278          

      (J)  "Manufacture" means to plant, cultivate, harvest,       280          

process, make, prepare, or otherwise engage in any part of the     281          

production of a drug, by propagation, extraction, chemical         282          

synthesis, or compounding, or any combination of the same, and     283          

includes packaging, repackaging, labeling, and other activities    284          

incident to production.                                            285          

      (K)  "Possess" or "possession" means having control over a   287          

thing or substance, but may not be inferred solely from mere       288          

access to the thing or substance through ownership or occupation   289          

of the premises upon which the thing or substance is found.        290          

      (L)  "Sample drug" means a drug or pharmaceutical            292          

preparation that would be hazardous to health or safety if used    293          

without the supervision of a licensed health professional          295          

                                                          7      


                                                                 
authorized to prescribe drugs, or a drug of abuse, and that, at    296          

one time, had been placed in a container plainly marked as a       297          

sample by a manufacturer.                                                       

      (M)  "Standard pharmaceutical reference manual" means the    299          

current edition, with cumulative changes if any, of any of the     300          

following reference works:                                         301          

      (1)  "The National Formulary";                               303          

      (2)  "The United States Pharmacopeia," prepared by           305          

authority of the United States Pharmacopeial Convention, Inc.;     306          

      (3)  Other standard references that are approved by the      308          

state board of pharmacy.                                           309          

      (N)  "Juvenile" means a person under eighteen years of age.  311          

      (O)  "Counterfeit controlled substance" means any of the     313          

following:                                                         314          

      (1)  Any drug that bears, or whose container or label        316          

bears, a trademark, trade name, or other identifying mark used     317          

without authorization of the owner of rights to that trademark,    318          

trade name, or identifying mark;                                   319          

      (2)  Any unmarked or unlabeled substance that is             321          

represented to be a controlled substance manufactured, processed,  322          

packed, or distributed by a person other than the person that      323          

manufactured, processed, packed, or distributed it;                324          

      (3)  Any substance that is represented to be a controlled    326          

substance but is not a controlled substance or is a different      327          

controlled substance;                                              328          

      (4)  Any substance other than a controlled substance that a  330          

reasonable person would believe to be a controlled substance       331          

because of its similarity in shape, size, and color, or its        332          

markings, labeling, packaging, distribution, or the price for      333          

which it is sold or offered for sale.                              334          

      (P)  An offense is "committed in the vicinity of a school"   336          

if the offender commits the offense on school premises, in a       337          

school building, or within one thousand feet of the boundaries of  338          

any school premises.                                                            

                                                          8      


                                                                 
      (Q)  "School" means any school operated by a board of        340          

education or any school for which the state board of education     341          

prescribes minimum standards under section 3301.07 of the Revised  342          

Code, whether or not any instruction, extracurricular activities,  343          

or training provided by the school is being conducted at the time  344          

a criminal offense is committed.                                   345          

      (R)  "School premises" means either of the following:        347          

      (1)  The parcel of real property on which any school is      349          

situated, whether or not any instruction, extracurricular          350          

activities, or training provided by the school is being conducted  351          

on the premises at the time a criminal offense is committed;       352          

      (2)  Any other parcel of real property that is owned or      354          

leased by a board of education of a school or the governing body   355          

of a school for which the state board of education prescribes      356          

minimum standards under section 3301.07 of the Revised Code and    357          

on which some of the instruction, extracurricular activities, or   358          

training of the school is conducted, whether or not any            359          

instruction, extracurricular activities, or training provided by   360          

the school is being conducted on the parcel of real property at    361          

the time a criminal offense is committed.                          362          

      (S)  "School building" means any building in which any of    364          

the instruction, extracurricular activities, or training provided  365          

by a school is conducted, whether or not any instruction,          366          

extracurricular activities, or training provided by the school is  367          

being conducted in the school building at the time a criminal      368          

offense is committed.                                              369          

      (T)  "Disciplinary counsel" means the disciplinary counsel   371          

appointed by the board of commissioners on grievances and          372          

discipline of the supreme court under the Rules for the            373          

Government of the Bar of Ohio.                                     374          

      (U)  "Certified grievance committee" means a duly            376          

constituted and organized committee of the Ohio state bar          377          

association or of one or more local bar associations of the state  378          

of Ohio that complies with the criteria set forth in Rule V,       379          

                                                          9      


                                                                 
section 6 of the Rules for the Government of the Bar of Ohio.      380          

      (V)  "Professional license" means any license, permit,       382          

certificate, registration, qualification, admission, temporary     383          

license, temporary permit, temporary certificate, or temporary     384          

registration that is described in divisions (W)(1) to (35) of      385          

this section and that qualifies a person as a professionally       386          

licensed person.                                                   387          

      (W)  "Professionally licensed person" means any of the       389          

following:                                                         390          

      (1)  A person who has obtained a license as a manufacturer   392          

of controlled substances or a wholesaler of controlled substances  393          

under Chapter 3719. of the Revised Code;                           394          

      (2)  A person who has received a certificate or temporary    396          

certificate as a certified public accountant or who has            397          

registered as a public accountant under Chapter 4701. of the       398          

Revised Code and who holds an Ohio permit issued under that        399          

chapter;                                                           400          

      (3)  A person who holds a certificate of qualification to    402          

practice architecture issued or renewed and registered under       403          

Chapter 4703. of the Revised Code;                                 404          

      (4)  A person who is registered as a landscape architect     406          

under Chapter 4703. of the Revised Code or who holds a permit as   407          

a landscape architect issued under that chapter;                   408          

      (5)  A person licensed as an auctioneer or apprentice        410          

auctioneer or licensed to operate an auction company under         411          

Chapter 4707. of the Revised Code;                                 412          

      (6)  A person who has been issued a certificate of           414          

registration as a registered barber under Chapter 4709. of the     415          

Revised Code;                                                      416          

      (7)  A person licensed and regulated to engage in the        418          

business of a debt pooling company by a legislative authority,     419          

under authority of Chapter 4710. of the Revised Code;              420          

      (8)  A person who has been issued a cosmetologist's          422          

license, manicurist's license, esthetician's license, managing     423          

                                                          10     


                                                                 
cosmetologist's license, managing manicurist's license, managing   424          

esthetician's license, cosmetology instructor's license,           425          

manicurist instructor's license, esthetician instructor's          426          

license, or tanning facility permit under Chapter 4713. of the     427          

Revised Code;                                                      428          

      (9)  A person who has been issued a license to practice      430          

dentistry, a general anesthesia permit, a conscious intravenous    431          

sedation permit, a limited resident's license, a limited teaching  432          

license, a dental hygienist's license, or a dental hygienist's     433          

teacher's certificate under Chapter 4715. of the Revised Code;     434          

      (10)  A person who has been issued an embalmer's license, a  436          

funeral director's license, a funeral home license, or a           437          

crematory license, or who has been registered for an embalmer's    438          

or funeral director's apprenticeship under Chapter 4717. of the    439          

Revised Code;                                                                   

      (11)  A person who has been licensed as a registered nurse   441          

or practical nurse, or who has been issued a certificate for the   442          

practice of nurse-midwifery under Chapter 4723. of the Revised     443          

Code;                                                              444          

      (12)  A person who has been licensed to practice optometry   446          

or to engage in optical dispensing under Chapter 4725. of the      447          

Revised Code;                                                      448          

      (13)  A person licensed to act as a pawnbroker under         450          

Chapter 4727. of the Revised Code;                                 451          

      (14)  A person licensed to act as a precious metals dealer   453          

under Chapter 4728. of the Revised Code;                           454          

      (15)  A person licensed as a pharmacist, a pharmacy intern,  457          

a wholesale distributor of dangerous drugs, or a terminal                       

distributor of dangerous drugs under Chapter 4729. of the Revised  458          

Code;                                                              459          

      (16)  A person who is authorized to practice as a physician  461          

assistant under Chapter 4730. of the Revised Code;                 462          

      (17)  A person who has been issued a certificate to          464          

practice medicine and surgery, osteopathic medicine and surgery,   465          

                                                          11     


                                                                 
a limited branch of medicine, or podiatry under Chapter 4731. of   467          

the Revised Code;                                                               

      (18)  A person licensed as a psychologist or school          469          

psychologist under Chapter 4732. of the Revised Code;              470          

      (19)  A person registered to practice the profession of      472          

engineering or surveying under Chapter 4733. of the Revised Code;  473          

      (20)  A person who has been issued a license to practice     476          

chiropractic under Chapter 4734. of the Revised Code;                           

      (21)  A person licensed to act as a real estate broker,      478          

real estate salesperson, limited real estate broker, or limited    479          

real estate salesperson under Chapter 4735. of the Revised Code;   480          

      (22)  A person registered as a registered sanitarian under   482          

Chapter 4736. of the Revised Code;                                 483          

      (23)  A person licensed to operate or maintain a junkyard    485          

under Chapter 4737. of the Revised Code;                           486          

      (24)  A person who has been issued a motor vehicle salvage   488          

dealer's license under Chapter 4738. of the Revised Code;          489          

      (25)  A person who has been licensed to act as a steam       491          

engineer under Chapter 4739. of the Revised Code;                  492          

      (26)  A person who has been issued a license or temporary    494          

permit to practice veterinary medicine or any of its branches, or  495          

who is registered as a graduate animal technician under Chapter    496          

4741. of the Revised Code;                                         497          

      (27)  A person who has been issued a hearing aid dealer's    499          

or fitter's license or trainee permit under Chapter 4747. of the   500          

Revised Code;                                                      501          

      (28)  A person who has been issued a class A, class B, or    503          

class C license or who has been registered as an investigator or   504          

security guard employee under Chapter 4749. of the Revised Code;   505          

      (29)  A person licensed and registered to practice as a      507          

nursing home administrator under Chapter 4751. of the Revised      508          

Code;                                                              509          

      (30)  A person licensed to practice as a speech-language     511          

pathologist or audiologist under Chapter 4753. of the Revised      513          

                                                          12     


                                                                 
Code;                                                                           

      (31)  A person issued a license as an occupational           515          

therapist or physical therapist under Chapter 4755. of the         516          

Revised Code;                                                      517          

      (32)  A person who is licensed as a professional clinical    519          

counselor or professional counselor, licensed as a social worker   520          

or independent social worker, or registered as a social work       521          

assistant under Chapter 4757. of the Revised Code;                 522          

      (33)  A person issued a license to practice dietetics under  524          

Chapter 4759. of the Revised Code;                                 525          

      (34)  A person who has been issued a license or limited      528          

permit to practice respiratory therapy under Chapter 4761. of the  529          

Revised Code;                                                      530          

      (35)  A person who has been issued a real estate appraiser   532          

certificate under Chapter 4763. of the Revised Code.               533          

      (X)  "Cocaine" means any of the following:                   535          

      (1)  A cocaine salt, isomer, or derivative, a salt of a      537          

cocaine isomer or derivative, or the base form of cocaine;         538          

      (2)  Coca leaves or a salt, compound, derivative, or         540          

preparation of coca leaves, including ecgonine, a salt, isomer,    541          

or derivative of ecgonine, or a salt of an isomer or derivative    542          

of ecgonine;                                                       543          

      (3)  A salt, compound, derivative, or preparation of a       545          

substance identified in division (X)(1) or (2) of this section     547          

that is chemically equivalent to or identical with any of those    548          

substances, except that the substances shall not include           549          

decocainized coca leaves or extraction of coca leaves if the       550          

extractions do not contain cocaine or ecgonine.                    551          

      (Y)  "L.S.D." means lysergic acid diethylamide.              554          

      (Z)  "Hashish" means the resin or a preparation of the       556          

resin contained in marihuana, whether in solid form or in a        557          

liquid concentrate, liquid extract, or liquid distillate form.     558          

      (AA)  "Marihuana" has the same meaning as in section         560          

3719.01 of the Revised Code, except that it does not include       562          

                                                          13     


                                                                 
hashish.                                                                        

      (BB)  An offense is "committed in the vicinity of a          564          

juvenile" if the offender commits the offense within one hundred   566          

feet of a juvenile or within the view of a juvenile, regardless    567          

of whether the offender knows the age of the juvenile, whether     568          

the offender knows the offense is being committed within one       569          

hundred feet of or within view of the juvenile, or whether the     570          

juvenile actually views the commission of the offense.                          

      (CC)  "Presumption for a prison term" or "presumption that   572          

a prison term shall be imposed" means a presumption, as described  573          

in division (D) of section 2929.13 of the Revised Code, that a     574          

prison term is a necessary sanction for a felony in order to       575          

comply with the purposes and principles of sentencing under        576          

section 2929.11 of the Revised Code.                                            

      (DD)  "Major drug offender" has the same meaning as in       578          

section 2929.01 of the Revised Code.                               579          

      (EE)  "Minor drug possession offense" means either of the    581          

following:                                                         582          

      (1)  A violation of section 2925.11 of the Revised Code as   584          

it existed prior to July 1, 1996;                                  585          

      (2)  A violation of section 2925.11 of the Revised Code as   587          

it exists on and after July 1, 1996, that is a misdemeanor or a    588          

felony of the fifth degree.                                        589          

      (FF)  "Mandatory prison term" has the same meaning as in     592          

section 2929.01 of the Revised Code.                                            

      (GG)  "Crack cocaine" means a compound, mixture,             594          

preparation, or substance that is or contains any amount of        595          

cocaine that is analytically identified as the base form of        596          

cocaine or that is in a form that resembles rocks or pebbles       597          

generally intended for individual use.                                          

      (HH)  "ADULTERATE" MEANS TO CAUSE A DRUG TO BE ADULTERATED   599          

AS DESCRIBED IN SECTION 3715.63 OF THE REVISED CODE.               600          

      Sec. 2925.24. (A)  NO PERSON SHALL KNOWINGLY ADULTERATE OR   603          

ALTER ANY DANGEROUS DRUG OR SUBSTITUTE ANY DANGEROUS DRUG WITH                  

                                                          14     


                                                                 
ANOTHER SUBSTANCE.                                                 604          

      (B)  NO PERSON SHALL KNOWINGLY ADULTERATE OR ALTER ANY       606          

PACKAGE OR RECEPTACLE CONTAINING ANY DANGEROUS DRUG OR SUBSTITUTE  607          

ANY PACKAGE OR RECEPTACLE CONTAINING ANY DANGEROUS DRUG WITH       608          

ANOTHER PACKAGE OR RECEPTACLE.                                     609          

      (C)  DIVISIONS (A) AND (B) OF THIS SECTION DO NOT APPLY TO   612          

MANUFACTURERS, PRACTITIONERS, PHARMACISTS, OWNERS OF PHARMACIES,   614          

NURSES, AND OTHER PERSONS, WHEN THE CONDUCT OF THE MANUFACTURER,   615          

PRACTITIONER, PHARMACIST, OWNER OF A PHARMACY, NURSE, OR OTHER     616          

PERSON IS IN ACCORDANCE WITH CHAPTERS 3719., 4715., 4723., 4729.,  617          

4731., AND 4741. OF THE REVISED CODE.                              618          

      (D)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS     620          

SECTION ALLEGING THAT A PERSON CHANGED OR ALTERED A DANGEROUS      621          

DRUG THAT THE DANGEROUS DRUG THE PERSON ALLEGEDLY CHANGED OR       622          

ALTERED WAS LAWFULLY PRESCRIBED FOR THE PERSON'S PERSONAL USE AND  623          

THAT THE PERSON DID NOT SELL OR TRANSFER OR INTEND TO SELL OR      624          

TRANSFER THE DANGEROUS DRUG TO ANOTHER PERSON.                     625          

      (E)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF TAMPERING    627          

WITH DRUGS, A FELONY OF THE THIRD DEGREE.  IF THE VIOLATION        628          

RESULTS IN PHYSICAL HARM TO ANY PERSON, TAMPERING WITH DRUGS IS A  629          

FELONY OF THE SECOND DEGREE.                                       630          

      Sec. 2951.041.  (A)  If the court has reason to believe      639          

that an offender charged with a felony or misdemeanor is a drug    640          

dependent person or is in danger of becoming a drug dependent      641          

person, the court shall accept, prior to the entry of a plea,      642          

that offender's request for treatment in lieu of conviction.  If   643          

the offender requests treatment in lieu of conviction, the court   644          

shall stay all criminal proceedings pending the outcome of the     645          

hearing to determine whether the offender is a person eligible     646          

for treatment in lieu of conviction.  At the conclusion of the     647          

hearing, the court shall enter its findings and accept the         648          

offender's plea.                                                   649          

      (B)(1)  An offender who requests treatment in lieu of        651          

conviction under division (A) of this section is eligible for      652          

                                                          15     


                                                                 
that treatment if the court finds that:                            653          

      (1)(a)  The offender's drug dependence or danger of drug     655          

dependence was a factor leading to the criminal activity with      656          

which the offender is charged, and rehabilitation through          657          

treatment would substantially reduce the likelihood of additional  658          

criminal activity.                                                 659          

      (2)(b)  The offender has been accepted into a program        661          

licensed by the department of alcohol and drug addiction services  663          

pursuant to section 3793.11 of the Revised Code, a program         665          

certified by the department pursuant to section 3793.06 of the     666          

Revised Code, a public or private hospital, the veterans           667          

administration or other agency of the federal government, private  668          

care or treatment rendered by a physician or a psychologist        669          

licensed in the state, or other appropriate drug treatment         670          

facility or program.                                                            

      (3)(c)  If the offender is convicted of a misdemeanor, the   672          

offender would be eligible for probation under section 2951.02 of  674          

the Revised Code, except that a finding of any of the criteria     675          

listed in division (D) of that section shall cause the offender    676          

to be conclusively ineligible for treatment in lieu of             677          

conviction.  If the offender is convicted of a felony, the         678          

offender would be eligible for a community control sanction.       679          

      (4)(d)  The offender is not a repeat offender or dangerous   681          

offender, as defined in section 2935.36 of the Revised Code;       683          

      (5)(e)  The offender is not charged with a violation of      685          

section 2925.02, 2925.03, 2925.04, or 2925.11 of the Revised Code  687          

that is not a minor drug possession offense, as defined in         688          

section 2925.01 of the Revised Code;                               689          

      (f)  IF THE OFFENDER IS CHARGED WITH A VIOLATION OF SECTION  691          

2925.24 OF THE REVISED CODE, THE ALLEGED VIOLATION DID NOT RESULT  693          

IN PHYSICAL HARM TO ANY PERSON, AND THE OFFENDER PREVIOUSLY HAS    694          

NOT BEEN TREATED FOR DRUG ABUSE.                                   695          

      (2)  Upon a finding of that nature UNDER DIVISION (B)(1) OF  698          

THIS SECTION THAT THE OFFENDER IS ELIGIBLE FOR TREATMENT IN LIEU   699          

                                                          16     


                                                                 
OF CONVICTION and if the offender enters a plea of guilty or no    701          

contest, the court may stay all criminal proceedings and order     702          

the offender to a period of rehabilitation.  If a plea of not      703          

guilty is entered, a trial shall precede further consideration of  704          

the offender's request for treatment in lieu of conviction.        705          

      (C)  The offender and the prosecuting attorney shall be      707          

afforded the opportunity to present evidence to establish          708          

eligibility or ineligibility for treatment in lieu of conviction,  709          

and the prosecuting attorney may make a recommendation to the      710          

court concerning whether the offender should receive treatment in  711          

lieu of conviction.  Upon the request of the offender and to aid   712          

the offender in establishing the offender's eligibility for        713          

treatment in lieu of conviction, the court may refer the offender  714          

for medical and psychiatric examination to the department of       715          

mental health, to a state facility designated by the department,   716          

to a psychiatric clinic approved by the department, or to a        717          

facility or program described in division (B)(2) of this section.  718          

However, the psychiatric portion of an examination pursuant to a   719          

referral under this division shall be performed only by a          720          

court-appointed individual who has not previously treated the      721          

offender or a member of the offender's immediate family.           722          

      (D)  An offender found to be eligible for treatment in lieu  724          

of conviction and ordered to a period of rehabilitation shall be   725          

placed under the control and supervision of the county probation   726          

department or the adult parole authority as provided in this       727          

chapter as if the offender were on probation or as if the          728          

offender were under a community control sanction.  The court       729          

shall order a period of rehabilitation to continue for any period  730          

that the judge or magistrate determines.  The period of            731          

rehabilitation may be extended, but the total period shall not     732          

exceed three years.  The period of rehabilitation shall be         733          

conditioned upon the offender's voluntary entrance into an         734          

appropriate drug treatment facility or program, faithful           735          

submission to prescribed treatment, and any other conditions that  736          

                                                          17     


                                                                 
the court orders.                                                               

      (E)  Treatment of a person ordered to a period of            738          

rehabilitation under this section may include hospitalization      739          

under close supervision or otherwise, release on an outpatient     740          

status under supervision, and other treatment or after-care that   742          

the appropriate drug treatment facility or program considers                    

necessary or desirable to rehabilitate that person.  Persons       743          

released from hospitalization or treatment but still subject to    744          

the ordered period of rehabilitation may be rehospitalized or      745          

returned to treatment at any time it becomes necessary for their   746          

treatment and rehabilitation.                                      747          

      (F)  If the appropriate drug treatment facility or program   749          

reports to the probation officer that the offender has             750          

successfully completed treatment and is rehabilitated, the court   751          

may dismiss the charges pending against the offender.  If the      752          

facility or program reports to the probation officer that the      753          

offender has successfully completed treatment and is               754          

rehabilitated or has obtained maximum benefits from treatment and  756          

that the offender has completed the period of rehabilitation and   757          

other conditions ordered by the court, the court shall dismiss     758          

the charges pending against the offender.  If the facility or      759          

program reports to the probation officer that the offender has     760          

failed treatment, has failed to submit to or follow the            761          

prescribed treatment, or has become a discipline problem, if the   762          

offender does not satisfactorily complete the period of                         

rehabilitation or the other conditions ordered by the court, or    763          

if the offender violates the conditions of the period of           764          

rehabilitation, the offender shall be arrested as provided in      765          

section 2951.08 of the Revised Code and removed from the facility  766          

or program, and the court immediately shall hold a hearing to      767          

determine if the offender failed treatment, failed to submit to    768          

or follow the prescribed treatment, did not satisfactorily         769          

complete the period of rehabilitation or any other condition       770          

ordered by the court, or violated any condition of the period of   771          

                                                          18     


                                                                 
rehabilitation.  If the court so determines, it immediately shall  772          

enter an adjudication of guilt and shall impose upon the offender  773          

a term of imprisonment.                                            774          

      At any time and for any appropriate reason, the offender,    776          

the offender's probation officer, the authority or department      777          

that has the duty to control and supervise the offender as         779          

provided for in section 2951.05 of the Revised Code, or the        780          

facility or program may petition the court to reconsider,          781          

suspend, or modify its order for treatment concerning that         782          

offender.                                                                       

      (G)  The appropriate drug treatment facility or program      784          

shall report to the authority or department that has the duty to   785          

control and supervise the offender as provided for in section      786          

2951.05 of the Revised Code at any periodic reporting period the   787          

court requires and whenever the offender is changed from an        788          

inpatient to an outpatient, is transferred to another treatment    789          

facility or program, fails treatment, fails to submit to or        790          

follow the prescribed treatment, becomes a discipline problem,     791          

does not satisfactorily complete the period of rehabilitation or   792          

other conditions ordered by the court, has violated the            793          

conditions of the period of rehabilitation, is rehabilitated, or   794          

obtains the maximum benefit of treatment.                          795          

      (H)  If, on the motion of an offender ordered to a period    797          

of rehabilitation under this section, the court finds that the     798          

offender has successfully completed the period of rehabilitation   799          

ordered by the court, is rehabilitated, is no longer drug          800          

dependent or in danger of becoming drug dependent, and has         801          

completed all other conditions, the court shall dismiss the        802          

proceeding against the offender.  Successful completion of a       803          

period of rehabilitation under this section shall be without       804          

adjudication of guilt and is not a criminal conviction for         805          

purposes of disqualifications or disabilities imposed by law and   806          

upon conviction of a crime, and the court may order the sealing    807          

of records in the manner provided in sections 2953.31 to 2953.36   808          

                                                          19     


                                                                 
of the Revised Code.                                               809          

      (I)  Any person ordered to treatment by the terms of this    811          

section shall be liable for expenses incurred during the course    812          

of treatment, and, if the offender is treated in a benevolent      813          

institution under the jurisdiction of the department of mental     814          

health, the offender is subject to Chapter 5121. of the Revised    815          

Code.                                                                           

      (J)  An offender who is charged with a drug abuse offense,   817          

other than a minor misdemeanor offense involving marihuana, and    819          

who otherwise is eligible for treatment in lieu of conviction may  820          

request and may be ordered to a period of rehabilitation even      821          

though the findings required by divisions (B)(1)(a) and (2)(b) of  822          

this section are not made.  An order to rehabilitation under this  824          

division shall be subject to the conditions that the court         825          

requires but shall not be conditioned upon entry into an           826          

appropriate drug treatment facility or program.                    827          

      (K)  As used in this section, "community control sanction"   829          

has the same meaning as in section 2929.01 of the Revised Code.    831          

      Section 2.  That existing sections 2913.42, 2925.01, and     834          

2951.041 of the Revised Code are hereby repealed.                               

      Section 3.  Section 2925.01 of the Revised Code is           836          

presented in this act as a composite of the section as amended by  837          

both Sub. H.B. 606 and Sub. S.B. 200 of the 122nd General          838          

Assembly, with the new language of neither of the acts shown in    840          

capital letters.  This is in recognition of the principle stated   841          

in division (B) of section 1.52 of the Revised Code that such      842          

amendments are to be harmonized where not substantively            843          

irreconcilable and constitutes a legislative finding that such is  844          

the resulting version in effect prior to the effective date of     845          

this act.