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
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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
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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
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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
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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
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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.
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(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
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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
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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
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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.