As Passed by the House 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-
PERRY-CLANCY-HARRIS-BARNES-PERZ-MYERS-BARRETT-EVANS- 11
THOMAS-AUSTRIA-SCHULER-OPFER-SALERNO-ROMAN 12
_________________________________________________________________ 13
A B I L L
To amend sections 2913.42, 2925.01, and 2951.041 and 16
to enact section 2925.24 of the Revised Code to
prohibit substituting, adulterating, or altering 17
any dangerous drug or any package or receptacle 19
containing dangerous drugs, to prohibit in 20
certain circumstances treatment in lieu of
conviction for a person charged with violating 21
the new prohibition, and to increase the penalty 23
for tampering with records when it involves 24
records required to be kept under the drug laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 2913.42, 2925.01, and 2951.041 be 29
amended and section 2925.24 of the Revised Code be enacted to 30
read as follows: 31
Sec. 2913.42. (A) No person, knowing the person has no 40
WITHOUT privilege to do so, and with purpose to defraud or 42
knowing that the person is facilitating a fraud, shall do any of 43
the following:
(1) Falsify, destroy, remove, conceal, alter, deface, or 45
mutilate any writing, computer software, data, or record; 47
(2) Utter any writing or record, knowing it to have been 49
tampered with as provided in division (A)(1) of this section. 50
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(B)(1) Whoever violates this section is guilty of 52
tampering with records.
(2) Except as provided in division (B)(4) of this section, 55
if the offense does not involve data or computer software, 56
tampering with records is whichever of the following is 57
applicable:
(a) If division (B)(2)(b) OR (c) of this section does not 59
apply, a misdemeanor of the first degree; 61
(b) If the OFFENSE INVOLVES A writing or record THAT is a 63
will unrevoked at the time of the offense OR THAT IS A RECORD 66
REQUIRED TO BE KEPT BY CHAPTER 3719. OR 4729. OF THE REVISED 68
CODE, a felony of the fifth degree.
(3) Except as provided in division (B)(4) of this section, 71
if the offense involves a violation of division (A) of this 72
section involving data or computer software, tampering with
records is whichever of the following is applicable: 74
(a) Except as otherwise provided in division (B)(3)(b), 76
(c), or (d) of this section, a misdemeanor of the first degree; 77
(b) If THE DATA INVOLVES RECORDS REQUIRED TO BE KEPT BY 80
CHAPTER 3719. OR 4729. OF THE REVISED CODE AND DIVISION (B)(3)(c) 82
OR (d) OF THIS SECTION DOES NOT APPLY OR IF the value of the data 84
or computer software involved in the offense or the loss to the 86
victim is five hundred dollars or more and is less than five 87
thousand dollars, a felony of the fifth degree;
(c) If the value of the data or computer software involved 89
in the offense or the loss to the victim is five thousand dollars 91
or more and is less than one hundred thousand dollars, a felony 92
of the fourth degree;
(d) If the value of the data or computer software involved 94
in the offense or the loss to the victim is one hundred thousand 96
dollars or more or if the offense is committed for the purpose of 97
devising or executing a scheme to defraud or to obtain property 98
or services and the value of the property or services or the loss 99
to the victim is five thousand dollars or more, a felony of the 101
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third degree.
(4) If the writing, data, computer software, or record is 104
kept by or belongs to a local, state, or federal governmental
entity, a felony of the third degree. 105
Sec. 2925.01. As used in this chapter: 114
(A) "Administer," "controlled substance," "dispense," 116
"distribute," "hypodermic," "manufacturer," "official written 118
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," 120
"schedule II," "schedule III," "schedule IV," "schedule V," and 121
"wholesaler" have the same meanings as in section 3719.01 of the 122
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 124
same meanings as in section 3719.011 of the Revised Code. 125
(C) "Drug," "dangerous drug," "licensed health 127
professional authorized to prescribe drugs," and "prescription" 129
have the same meanings as in section 4729.01 of the Revised Code. 130
(D) "Bulk amount" of a controlled substance means any of 132
the following: 133
(1) For any compound, mixture, preparation, or substance 135
included in schedule I, schedule II, or schedule III, with the 137
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 139
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 141
twenty-five unit doses of a compound, mixture, preparation, or 142
substance that is or contains any amount of a schedule I opiate 143
or opium derivative; 144
(b) An amount equal to or exceeding ten grams of a 147
compound, mixture, preparation, or substance that is or contains 148
any amount of raw or gum opium; 149
(c) An amount equal to or exceeding thirty grams or ten 152
unit doses of a compound, mixture, preparation, or substance that 153
is or contains any amount of a schedule I hallucinogen other than 154
tetrahydrocannabinol or lysergic acid amide, or a schedule I 157
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stimulant or depressant; 158
(d) An amount equal to or exceeding twenty grams or five 161
times the maximum daily dose in the usual dose range specified in 162
a standard pharmaceutical reference manual of a compound, 163
mixture, preparation, or substance that is or contains any amount 164
of a schedule II opiate or opium derivative; 165
(e) An amount equal to or exceeding five grams or ten unit 167
doses of a compound, mixture, preparation, or substance that is 168
or contains any amount of phencyclidine; 169
(f) An amount equal to or exceeding one hundred twenty 171
grams or thirty times the maximum daily dose in the usual dose 172
range specified in a standard pharmaceutical reference manual of 173
a compound, mixture, preparation, or substance that is or 174
contains any amount of a schedule II stimulant that is in a final 175
dosage form manufactured by a person authorized by the "Federal 176
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 178
301, as amended, and the federal drug abuse control laws, as 179
defined in section 3719.01 of the Revised Code, that is or
contains any amount of a schedule II depressant substance or a 181
schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a 184
compound, mixture, preparation, or substance that is or contains 185
any amount of a schedule II stimulant, or any of its salts or 186
isomers, that is not in a final dosage form manufactured by a 187
person authorized by the Federal Food, Drug, and Cosmetic Act and 188
the federal drug abuse control laws. 189
(2) An amount equal to or exceeding one hundred twenty 192
grams or thirty times the maximum daily dose in the usual dose 193
range specified in a standard pharmaceutical reference manual of 195
a compound, mixture, preparation, or substance that is or 197
contains any amount of a schedule III or IV substance other than 199
an anabolic steroid or a schedule III opiate or opium derivative; 200
(3) An amount equal to or exceeding twenty grams or five 202
times the maximum daily dose in the usual dose range specified in 203
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a standard pharmaceutical reference manual of a compound, 204
mixture, preparation, or substance that is or contains any amount 206
of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 208
milliliters or two hundred fifty grams of a compound, mixture, 209
preparation, or substance that is or contains any amount of a 210
schedule V substance; 211
(5) An amount equal to or exceeding two hundred solid 214
dosage units, sixteen grams, or sixteen milliliters of a 215
compound, mixture, preparation, or substance that is or contains 216
any amount of a schedule III anabolic steroid. 217
(E) "Unit dose" means an amount or unit of a compound, 219
mixture, or preparation containing a controlled substance that is 220
separately identifiable and in a form that indicates that it is 222
the amount or unit by which the controlled substance is 223
separately administered to or taken by an individual. 224
(F) "Cultivate" includes planting, watering, fertilizing, 226
or tilling. 227
(G) "Drug abuse offense" means any of the following: 229
(1) A violation of division (A) of section 2913.02 that 231
constitutes theft of drugs, A VIOLATION OF SECTION 2913.42 OF THE 232
REVISED CODE THAT INVOLVES ANY RECORD REQUIRED TO BE KEPT BY 234
CHAPTER 3719. OR 4729. OF THE REVISED CODE, or a violation of 236
section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 237
2925.12, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 239
2925.36, or 2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or 241
any other state or of the United States that is substantially 242
equivalent to any section listed in division (G)(1) of this 243
section; 244
(3) An offense under an existing or former law of this or 246
any other state, or of the United States, of which planting, 247
cultivating, harvesting, processing, making, manufacturing, 248
producing, shipping, transporting, delivering, acquiring, 249
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possessing, storing, distributing, dispensing, selling, inducing 250
another to use, administering to another, using, or otherwise 251
dealing with a controlled substance is an element; 252
(4) A conspiracy to commit, attempt to commit, or 254
complicity in committing or attempting to commit any offense 255
under division (G)(1), (2), or (3) of this section. 256
(H) "Felony drug abuse offense" means any drug abuse 258
offense that would constitute a felony under the laws of this 259
state, any other state, or the United States. 260
(I) "Harmful intoxicant" does not include beer or 262
intoxicating liquor but means any compound, mixture, preparation, 264
or substance the gas, fumes, or vapor of which when inhaled can 265
induce intoxication, excitement, giddiness, irrational behavior, 266
depression, stupefaction, paralysis, unconsciousness, 267
asphyxiation, or other harmful physiological effects, and 268
includes, but is not limited to, any of the following: 269
(1) Any volatile organic solvent, plastic cement, model 271
cement, fingernail polish remover, lacquer thinner, cleaning 272
fluid, gasoline, or other preparation containing a volatile 273
organic solvent; 274
(2) Any aerosol propellant; 276
(3) Any fluorocarbon refrigerant; 278
(4) Any anesthetic gas. 280
(J) "Manufacture" means to plant, cultivate, harvest, 282
process, make, prepare, or otherwise engage in any part of the 283
production of a drug, by propagation, extraction, chemical 284
synthesis, or compounding, or any combination of the same, and 285
includes packaging, repackaging, labeling, and other activities 286
incident to production. 287
(K) "Possess" or "possession" means having control over a 289
thing or substance, but may not be inferred solely from mere 290
access to the thing or substance through ownership or occupation 291
of the premises upon which the thing or substance is found. 292
(L) "Sample drug" means a drug or pharmaceutical 294
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preparation that would be hazardous to health or safety if used 295
without the supervision of a licensed health professional 297
authorized to prescribe drugs, or a drug of abuse, and that, at 298
one time, had been placed in a container plainly marked as a 299
sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the 301
current edition, with cumulative changes if any, of any of the 302
following reference works: 303
(1) "The National Formulary"; 305
(2) "The United States Pharmacopeia," prepared by 307
authority of the United States Pharmacopeial Convention, Inc.; 308
(3) Other standard references that are approved by the 310
state board of pharmacy. 311
(N) "Juvenile" means a person under eighteen years of age. 313
(O) "Counterfeit controlled substance" means any of the 315
following: 316
(1) Any drug that bears, or whose container or label 318
bears, a trademark, trade name, or other identifying mark used 319
without authorization of the owner of rights to that trademark, 320
trade name, or identifying mark; 321
(2) Any unmarked or unlabeled substance that is 323
represented to be a controlled substance manufactured, processed, 324
packed, or distributed by a person other than the person that 325
manufactured, processed, packed, or distributed it; 326
(3) Any substance that is represented to be a controlled 328
substance but is not a controlled substance or is a different 329
controlled substance; 330
(4) Any substance other than a controlled substance that a 332
reasonable person would believe to be a controlled substance 333
because of its similarity in shape, size, and color, or its 334
markings, labeling, packaging, distribution, or the price for 335
which it is sold or offered for sale. 336
(P) An offense is "committed in the vicinity of a school" 338
if the offender commits the offense on school premises, in a 339
8
school building, or within one thousand feet of the boundaries of 340
any school premises.
(Q) "School" means any school operated by a board of 342
education or any school for which the state board of education 343
prescribes minimum standards under section 3301.07 of the Revised 344
Code, whether or not any instruction, extracurricular activities, 345
or training provided by the school is being conducted at the time 346
a criminal offense is committed. 347
(R) "School premises" means either of the following: 349
(1) The parcel of real property on which any school is 351
situated, whether or not any instruction, extracurricular 352
activities, or training provided by the school is being conducted 353
on the premises at the time a criminal offense is committed; 354
(2) Any other parcel of real property that is owned or 356
leased by a board of education of a school or the governing body 357
of a school for which the state board of education prescribes 358
minimum standards under section 3301.07 of the Revised Code and 359
on which some of the instruction, extracurricular activities, or 360
training of the school is conducted, whether or not any 361
instruction, extracurricular activities, or training provided by 362
the school is being conducted on the parcel of real property at 363
the time a criminal offense is committed. 364
(S) "School building" means any building in which any of 366
the instruction, extracurricular activities, or training provided 367
by a school is conducted, whether or not any instruction, 368
extracurricular activities, or training provided by the school is 369
being conducted in the school building at the time a criminal 370
offense is committed. 371
(T) "Disciplinary counsel" means the disciplinary counsel 373
appointed by the board of commissioners on grievances and 374
discipline of the supreme court under the Rules for the 375
Government of the Bar of Ohio. 376
(U) "Certified grievance committee" means a duly 378
constituted and organized committee of the Ohio state bar 379
9
association or of one or more local bar associations of the state 380
of Ohio that complies with the criteria set forth in Rule V, 381
section 6 of the Rules for the Government of the Bar of Ohio. 382
(V) "Professional license" means any license, permit, 384
certificate, registration, qualification, admission, temporary 385
license, temporary permit, temporary certificate, or temporary 386
registration that is described in divisions (W)(1) to (35) of 387
this section and that qualifies a person as a professionally 388
licensed person. 389
(W) "Professionally licensed person" means any of the 391
following: 392
(1) A person who has obtained a license as a manufacturer 394
of controlled substances or a wholesaler of controlled substances 395
under Chapter 3719. of the Revised Code; 396
(2) A person who has received a certificate or temporary 398
certificate as a certified public accountant or who has 399
registered as a public accountant under Chapter 4701. of the 400
Revised Code and who holds an Ohio permit issued under that 401
chapter; 402
(3) A person who holds a certificate of qualification to 404
practice architecture issued or renewed and registered under 405
Chapter 4703. of the Revised Code; 406
(4) A person who is registered as a landscape architect 408
under Chapter 4703. of the Revised Code or who holds a permit as 409
a landscape architect issued under that chapter; 410
(5) A person licensed as an auctioneer or apprentice 412
auctioneer or licensed to operate an auction company under 413
Chapter 4707. of the Revised Code; 414
(6) A person who has been issued a certificate of 416
registration as a registered barber under Chapter 4709. of the 417
Revised Code; 418
(7) A person licensed and regulated to engage in the 420
business of a debt pooling company by a legislative authority, 421
under authority of Chapter 4710. of the Revised Code; 422
10
(8) A person who has been issued a cosmetologist's 424
license, manicurist's license, esthetician's license, managing 425
cosmetologist's license, managing manicurist's license, managing 426
esthetician's license, cosmetology instructor's license, 427
manicurist instructor's license, esthetician instructor's 428
license, or tanning facility permit under Chapter 4713. of the 429
Revised Code; 430
(9) A person who has been issued a license to practice 432
dentistry, a general anesthesia permit, a conscious intravenous 433
sedation permit, a limited resident's license, a limited teaching 434
license, a dental hygienist's license, or a dental hygienist's 435
teacher's certificate under Chapter 4715. of the Revised Code; 436
(10) A person who has been issued an embalmer's license, a 438
funeral director's license, a funeral home license, or a 439
crematory license, or who has been registered for an embalmer's 440
or funeral director's apprenticeship under Chapter 4717. of the 441
Revised Code;
(11) A person who has been licensed as a registered nurse 443
or practical nurse, or who has been issued a certificate for the 444
practice of nurse-midwifery under Chapter 4723. of the Revised 445
Code; 446
(12) A person who has been licensed to practice optometry 448
or to engage in optical dispensing under Chapter 4725. of the 449
Revised Code; 450
(13) A person licensed to act as a pawnbroker under 452
Chapter 4727. of the Revised Code; 453
(14) A person licensed to act as a precious metals dealer 455
under Chapter 4728. of the Revised Code; 456
(15) A person licensed as a pharmacist, a pharmacy intern, 459
a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised 460
Code; 461
(16) A person who is authorized to practice as a physician 463
assistant under Chapter 4730. of the Revised Code; 464
11
(17) A person who has been issued a certificate to 466
practice medicine and surgery, osteopathic medicine and surgery, 467
a limited branch of medicine, or podiatry under Chapter 4731. of 469
the Revised Code;
(18) A person licensed as a psychologist or school 471
psychologist under Chapter 4732. of the Revised Code; 472
(19) A person registered to practice the profession of 474
engineering or surveying under Chapter 4733. of the Revised Code; 475
(20) A person who has been issued a license to practice 478
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker, 480
real estate salesperson, limited real estate broker, or limited 481
real estate salesperson under Chapter 4735. of the Revised Code; 482
(22) A person registered as a registered sanitarian under 484
Chapter 4736. of the Revised Code; 485
(23) A person licensed to operate or maintain a junkyard 487
under Chapter 4737. of the Revised Code; 488
(24) A person who has been issued a motor vehicle salvage 490
dealer's license under Chapter 4738. of the Revised Code; 491
(25) A person who has been licensed to act as a steam 493
engineer under Chapter 4739. of the Revised Code; 494
(26) A person who has been issued a license or temporary 496
permit to practice veterinary medicine or any of its branches, or 497
who is registered as a graduate animal technician under Chapter 498
4741. of the Revised Code; 499
(27) A person who has been issued a hearing aid dealer's 501
or fitter's license or trainee permit under Chapter 4747. of the 502
Revised Code; 503
(28) A person who has been issued a class A, class B, or 505
class C license or who has been registered as an investigator or 506
security guard employee under Chapter 4749. of the Revised Code; 507
(29) A person licensed and registered to practice as a 509
nursing home administrator under Chapter 4751. of the Revised 510
Code; 511
12
(30) A person licensed to practice as a speech-language 513
pathologist or audiologist under Chapter 4753. of the Revised 515
Code;
(31) A person issued a license as an occupational 517
therapist or physical therapist under Chapter 4755. of the 518
Revised Code; 519
(32) A person who is licensed as a professional clinical 521
counselor or professional counselor, licensed as a social worker 522
or independent social worker, or registered as a social work 523
assistant under Chapter 4757. of the Revised Code; 524
(33) A person issued a license to practice dietetics under 526
Chapter 4759. of the Revised Code; 527
(34) A person who has been issued a license or limited 530
permit to practice respiratory therapy under Chapter 4761. of the 531
Revised Code; 532
(35) A person who has been issued a real estate appraiser 534
certificate under Chapter 4763. of the Revised Code. 535
(X) "Cocaine" means any of the following: 537
(1) A cocaine salt, isomer, or derivative, a salt of a 539
cocaine isomer or derivative, or the base form of cocaine; 540
(2) Coca leaves or a salt, compound, derivative, or 542
preparation of coca leaves, including ecgonine, a salt, isomer, 543
or derivative of ecgonine, or a salt of an isomer or derivative 544
of ecgonine; 545
(3) A salt, compound, derivative, or preparation of a 547
substance identified in division (X)(1) or (2) of this section 549
that is chemically equivalent to or identical with any of those 550
substances, except that the substances shall not include 551
decocainized coca leaves or extraction of coca leaves if the 552
extractions do not contain cocaine or ecgonine. 553
(Y) "L.S.D." means lysergic acid diethylamide. 556
(Z) "Hashish" means the resin or a preparation of the 558
resin contained in marihuana, whether in solid form or in a 559
liquid concentrate, liquid extract, or liquid distillate form. 560
13
(AA) "Marihuana" has the same meaning as in section 562
3719.01 of the Revised Code, except that it does not include 564
hashish.
(BB) An offense is "committed in the vicinity of a 566
juvenile" if the offender commits the offense within one hundred 568
feet of a juvenile or within the view of a juvenile, regardless 569
of whether the offender knows the age of the juvenile, whether 570
the offender knows the offense is being committed within one 571
hundred feet of or within view of the juvenile, or whether the 572
juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that 574
a prison term shall be imposed" means a presumption, as described 575
in division (D) of section 2929.13 of the Revised Code, that a 576
prison term is a necessary sanction for a felony in order to 577
comply with the purposes and principles of sentencing under 578
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 580
section 2929.01 of the Revised Code. 581
(EE) "Minor drug possession offense" means either of the 583
following: 584
(1) A violation of section 2925.11 of the Revised Code as 586
it existed prior to July 1, 1996; 587
(2) A violation of section 2925.11 of the Revised Code as 589
it exists on and after July 1, 1996, that is a misdemeanor or a 590
felony of the fifth degree. 591
(FF) "Mandatory prison term" has the same meaning as in 594
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 596
preparation, or substance that is or contains any amount of 597
cocaine that is analytically identified as the base form of 598
cocaine or that is in a form that resembles rocks or pebbles 599
generally intended for individual use.
(HH) "ADULTERATE" MEANS TO CAUSE A DRUG TO BE ADULTERATED 601
AS DESCRIBED IN SECTION 3715.63 OF THE REVISED CODE. 602
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Sec. 2925.24. (A) NO PERSON SHALL KNOWINGLY ADULTERATE OR 605
ALTER ANY DANGEROUS DRUG OR SUBSTITUTE ANY DANGEROUS DRUG WITH
ANOTHER SUBSTANCE. 606
(B) NO PERSON SHALL KNOWINGLY ADULTERATE OR ALTER ANY 608
PACKAGE OR RECEPTACLE CONTAINING ANY DANGEROUS DRUG OR SUBSTITUTE 609
ANY PACKAGE OR RECEPTACLE CONTAINING ANY DANGEROUS DRUG WITH 610
ANOTHER PACKAGE OR RECEPTACLE. 611
(C) DIVISIONS (A) AND (B) OF THIS SECTION DO NOT APPLY TO 614
MANUFACTURERS, PRACTITIONERS, PHARMACISTS, OWNERS OF PHARMACIES, 616
NURSES, AND OTHER PERSONS, WHEN THE CONDUCT OF THE MANUFACTURER, 617
PRACTITIONER, PHARMACIST, OWNER OF A PHARMACY, NURSE, OR OTHER 618
PERSON IS IN ACCORDANCE WITH CHAPTERS 3719., 4715., 4723., 4729., 619
4731., AND 4741. OF THE REVISED CODE. 620
(D) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS 622
SECTION ALLEGING THAT A PERSON CHANGED OR ALTERED A DANGEROUS 623
DRUG THAT THE DANGEROUS DRUG THE PERSON ALLEGEDLY CHANGED OR 624
ALTERED WAS LAWFULLY PRESCRIBED FOR THE PERSON'S PERSONAL USE AND 625
THAT THE PERSON DID NOT SELL OR TRANSFER OR INTEND TO SELL OR 626
TRANSFER THE DANGEROUS DRUG TO ANOTHER PERSON. 627
(E) WHOEVER VIOLATES THIS SECTION IS GUILTY OF TAMPERING 629
WITH DRUGS, A FELONY OF THE THIRD DEGREE. IF THE VIOLATION 630
RESULTS IN PHYSICAL HARM TO ANY PERSON, TAMPERING WITH DRUGS IS A 631
FELONY OF THE SECOND DEGREE. 632
Sec. 2951.041. (A) If the court has reason to believe 641
that an offender charged with a felony or misdemeanor is a drug 642
dependent person or is in danger of becoming a drug dependent 643
person, the court shall accept, prior to the entry of a plea, 644
that offender's request for treatment in lieu of conviction. If 645
the offender requests treatment in lieu of conviction, the court 646
shall stay all criminal proceedings pending the outcome of the 647
hearing to determine whether the offender is a person eligible 648
for treatment in lieu of conviction. At the conclusion of the 649
hearing, the court shall enter its findings and accept the 650
offender's plea. 651
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(B)(1) An offender who requests treatment in lieu of 653
conviction under division (A) of this section is eligible for 654
that treatment if the court finds that: 655
(1)(a) The offender's drug dependence or danger of drug 657
dependence was a factor leading to the criminal activity with 658
which the offender is charged, and rehabilitation through 659
treatment would substantially reduce the likelihood of additional 660
criminal activity. 661
(2)(b) The offender has been accepted into a program 663
licensed by the department of alcohol and drug addiction services 665
pursuant to section 3793.11 of the Revised Code, a program 667
certified by the department pursuant to section 3793.06 of the 668
Revised Code, a public or private hospital, the veterans 669
administration or other agency of the federal government, private 670
care or treatment rendered by a physician or a psychologist 671
licensed in the state, or other appropriate drug treatment 672
facility or program.
(3)(c) If the offender is convicted of a misdemeanor, the 674
offender would be eligible for probation under section 2951.02 of 676
the Revised Code, except that a finding of any of the criteria 677
listed in division (D) of that section shall cause the offender 678
to be conclusively ineligible for treatment in lieu of 679
conviction. If the offender is convicted of a felony, the 680
offender would be eligible for a community control sanction. 681
(4)(d) The offender is not a repeat offender or dangerous 683
offender, as defined in section 2935.36 of the Revised Code; 685
(5)(e) The offender is not charged with a violation of 687
section 2925.02, 2925.03, 2925.04, or 2925.11 of the Revised Code 689
that is not a minor drug possession offense, as defined in 690
section 2925.01 of the Revised Code; 691
(f) IF THE OFFENDER IS CHARGED WITH A VIOLATION OF SECTION 693
2925.24 OF THE REVISED CODE, THE ALLEGED VIOLATION DID NOT RESULT 695
IN PHYSICAL HARM TO ANY PERSON, AND THE OFFENDER PREVIOUSLY HAS 696
NOT BEEN TREATED FOR DRUG ABUSE. 697
16
(2) Upon a finding of that nature UNDER DIVISION (B)(1) OF 700
THIS SECTION THAT THE OFFENDER IS ELIGIBLE FOR TREATMENT IN LIEU 701
OF CONVICTION and if the offender enters a plea of guilty or no 703
contest, the court may stay all criminal proceedings and order 704
the offender to a period of rehabilitation. If a plea of not 705
guilty is entered, a trial shall precede further consideration of 706
the offender's request for treatment in lieu of conviction. 707
(C) The offender and the prosecuting attorney shall be 709
afforded the opportunity to present evidence to establish 710
eligibility or ineligibility for treatment in lieu of conviction, 711
and the prosecuting attorney may make a recommendation to the 712
court concerning whether the offender should receive treatment in 713
lieu of conviction. Upon the request of the offender and to aid 714
the offender in establishing the offender's eligibility for 715
treatment in lieu of conviction, the court may refer the offender 716
for medical and psychiatric examination to the department of 717
mental health, to a state facility designated by the department, 718
to a psychiatric clinic approved by the department, or to a 719
facility or program described in division (B)(2) of this section. 720
However, the psychiatric portion of an examination pursuant to a 721
referral under this division shall be performed only by a 722
court-appointed individual who has not previously treated the 723
offender or a member of the offender's immediate family. 724
(D) An offender found to be eligible for treatment in lieu 726
of conviction and ordered to a period of rehabilitation shall be 727
placed under the control and supervision of the county probation 728
department or the adult parole authority as provided in this 729
chapter as if the offender were on probation or as if the 730
offender were under a community control sanction. The court 731
shall order a period of rehabilitation to continue for any period 732
that the judge or magistrate determines. The period of 733
rehabilitation may be extended, but the total period shall not 734
exceed three years. The period of rehabilitation shall be 735
conditioned upon the offender's voluntary entrance into an 736
17
appropriate drug treatment facility or program, faithful 737
submission to prescribed treatment, and any other conditions that 738
the court orders.
(E) Treatment of a person ordered to a period of 740
rehabilitation under this section may include hospitalization 741
under close supervision or otherwise, release on an outpatient 742
status under supervision, and other treatment or after-care that 744
the appropriate drug treatment facility or program considers
necessary or desirable to rehabilitate that person. Persons 745
released from hospitalization or treatment but still subject to 746
the ordered period of rehabilitation may be rehospitalized or 747
returned to treatment at any time it becomes necessary for their 748
treatment and rehabilitation. 749
(F) If the appropriate drug treatment facility or program 751
reports to the probation officer that the offender has 752
successfully completed treatment and is rehabilitated, the court 753
may dismiss the charges pending against the offender. If the 754
facility or program reports to the probation officer that the 755
offender has successfully completed treatment and is 756
rehabilitated or has obtained maximum benefits from treatment and 758
that the offender has completed the period of rehabilitation and 759
other conditions ordered by the court, the court shall dismiss 760
the charges pending against the offender. If the facility or 761
program reports to the probation officer that the offender has 762
failed treatment, has failed to submit to or follow the 763
prescribed treatment, or has become a discipline problem, if the 764
offender does not satisfactorily complete the period of
rehabilitation or the other conditions ordered by the court, or 765
if the offender violates the conditions of the period of 766
rehabilitation, the offender shall be arrested as provided in 767
section 2951.08 of the Revised Code and removed from the facility 768
or program, and the court immediately shall hold a hearing to 769
determine if the offender failed treatment, failed to submit to 770
or follow the prescribed treatment, did not satisfactorily 771
18
complete the period of rehabilitation or any other condition 772
ordered by the court, or violated any condition of the period of 773
rehabilitation. If the court so determines, it immediately shall 774
enter an adjudication of guilt and shall impose upon the offender 775
a term of imprisonment. 776
At any time and for any appropriate reason, the offender, 778
the offender's probation officer, the authority or department 779
that has the duty to control and supervise the offender as 781
provided for in section 2951.05 of the Revised Code, or the 782
facility or program may petition the court to reconsider, 783
suspend, or modify its order for treatment concerning that 784
offender.
(G) The appropriate drug treatment facility or program 786
shall report to the authority or department that has the duty to 787
control and supervise the offender as provided for in section 788
2951.05 of the Revised Code at any periodic reporting period the 789
court requires and whenever the offender is changed from an 790
inpatient to an outpatient, is transferred to another treatment 791
facility or program, fails treatment, fails to submit to or 792
follow the prescribed treatment, becomes a discipline problem, 793
does not satisfactorily complete the period of rehabilitation or 794
other conditions ordered by the court, has violated the 795
conditions of the period of rehabilitation, is rehabilitated, or 796
obtains the maximum benefit of treatment. 797
(H) If, on the motion of an offender ordered to a period 799
of rehabilitation under this section, the court finds that the 800
offender has successfully completed the period of rehabilitation 801
ordered by the court, is rehabilitated, is no longer drug 802
dependent or in danger of becoming drug dependent, and has 803
completed all other conditions, the court shall dismiss the 804
proceeding against the offender. Successful completion of a 805
period of rehabilitation under this section shall be without 806
adjudication of guilt and is not a criminal conviction for 807
purposes of disqualifications or disabilities imposed by law and 808
19
upon conviction of a crime, and the court may order the sealing 809
of records in the manner provided in sections 2953.31 to 2953.36 810
of the Revised Code. 811
(I) Any person ordered to treatment by the terms of this 813
section shall be liable for expenses incurred during the course 814
of treatment, and, if the offender is treated in a benevolent 815
institution under the jurisdiction of the department of mental 816
health, the offender is subject to Chapter 5121. of the Revised 817
Code.
(J) An offender who is charged with a drug abuse offense, 819
other than a minor misdemeanor offense involving marihuana, and 821
who otherwise is eligible for treatment in lieu of conviction may 822
request and may be ordered to a period of rehabilitation even 823
though the findings required by divisions (B)(1)(a) and (2)(b) of 824
this section are not made. An order to rehabilitation under this 826
division shall be subject to the conditions that the court 827
requires but shall not be conditioned upon entry into an 828
appropriate drug treatment facility or program. 829
(K) As used in this section, "community control sanction" 831
has the same meaning as in section 2929.01 of the Revised Code. 833
Section 2. That existing sections 2913.42, 2925.01, and 836
2951.041 of the Revised Code are hereby repealed.
Section 3. Section 2925.01 of the Revised Code is 838
presented in this act as a composite of the section as amended by 839
both Sub. H.B. 606 and Sub. S.B. 200 of the 122nd General 840
Assembly, with the new language of neither of the acts shown in 842
capital letters. This is in recognition of the principle stated 843
in division (B) of section 1.52 of the Revised Code that such 844
amendments are to be harmonized where not substantively 845
irreconcilable and constitutes a legislative finding that such is 846
the resulting version in effect prior to the effective date of 847
this act.