As Passed by the Senate                       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-             13           

           SENATORS LATTA-DRAKE-WATTS-SPADA-FINGERHUT                           


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend sections 2919.271, 2925.01, 2937.23, and     18           

                2951.041, to enact section 2925.24 of the Revised               

                Code, and to amend section 2903.211 of the         19           

                Revised Code contingent on Am. Sub. H.B. 137 of                 

                the 123rd General Assembly becoming law, as        20           

                concurred in on June 24, 1999, to prohibit         21           

                substituting, adulterating, or altering any                     

                dangerous drug or any package or receptacle        22           

                containing dangerous drugs, to prohibit in         23           

                certain circumstances treatment in lieu of                      

                conviction for a person charged with violating     24           

                the new prohibition, to make changes in the law    25           

                relative to the offense of menacing by stalking,                

                and to declare an emergency.                       26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 2919.271, 2925.01, 2937.23, and    31           

2951.041 be amended and section 2925.24 of the Revised Code be     32           

enacted to read as follows:                                                     

      Sec. 2919.271.  (A)(1)(a)  If a defendant is charged with a  41           

violation of section 2919.27 of the Revised Code or of a           42           

municipal ordinance that is substantially similar to that          43           

                                                          2      


                                                                 
section, the court may order an evaluation of the mental           44           

condition of the defendant if the court determines that either of  45           

the following criteria apply:                                      46           

      (a)(i)  If the alleged violation is a violation of a         48           

protection order issued or consent agreement approved pursuant to  50           

section 2919.26 or 3113.31 of the Revised Code, that the           51           

violation allegedly involves conduct by the defendant that caused  52           

physical harm to the person or property of a family or household   53           

member covered by the order or agreement, or conduct by the        54           

defendant that caused a family or household member to believe      55           

that the defendant would cause physical harm to that member or     56           

that member's property.                                                         

      (b)(ii)  If the alleged violation is a violation of a        59           

protection order issued pursuant to section 2903.213 or 2903.214   60           

of the Revised Code or a protection order issued by a court of     61           

another state, that the violation allegedly involves conduct by    63           

the defendant that caused physical harm to the person or property  64           

of the person covered by the order, or conduct by the defendant    65           

that caused the person covered by the order to believe that the                 

defendant would cause physical harm to that person or that         66           

person's property.                                                              

      (b)  IF A DEFENDANT IS CHARGED WITH A VIOLATION OF SECTION   68           

2903.211 OF THE REVISED CODE OR OF A MUNICIPAL ORDINANCE THAT IS   70           

SUBSTANTIALLY SIMILAR TO THAT SECTION, THE COURT MAY ORDER AN                   

EVALUATION OF THE MENTAL CONDITION OF THE DEFENDANT.               71           

      (2)  The AN evaluation ORDERED UNDER DIVISION (A)(1) OF      74           

THIS SECTION shall be completed no later than thirty days from                  

the date the order is entered pursuant to THAT division (A)(1) of  75           

this section.  In that order, the court shall do either of the     77           

following:                                                         78           

      (a)  Order that the evaluation of the mental condition of    80           

the defendant be preceded by an examination conducted either by a  81           

forensic center that is designated by the department of mental     82           

health to conduct examinations and make evaluations of defendants  83           

                                                          3      


                                                                 
charged with violations of section 2903.211 OR 2919.27 of the      84           

Revised Code or of substantially similar municipal ordinances in   86           

the area in which the court is located, or by any other program    87           

or facility that is designated by the department of mental health  88           

or the department of mental retardation and developmental          89           

disabilities to conduct examinations and make evaluations of       90           

defendants charged with violations of section 2903.211 OR 2919.27  91           

of the Revised Code or of substantially similar municipal          93           

ordinances, and that is operated by either department or is        94           

certified by either department as being in compliance with the     95           

standards established under division (J) of section 5119.01 of     96           

the Revised Code or division (C) of section 5123.04 of the         97           

Revised Code.                                                                   

      (b)  Designate a center, program, or facility other than     99           

one designated by the department of mental health or the           100          

department of mental retardation and developmental disabilities,   101          

as described in division (A)(2)(a) of this section, to conduct     103          

the evaluation and preceding examination of the mental condition   104          

of the defendant.                                                               

      Whether the court acts pursuant to division (A)(2)(a) or     106          

(b) of this section, the court may designate examiners other than  107          

the personnel of the center, program, facility, or department      108          

involved to make the evaluation and preceding examination of the   109          

mental condition of the defendant.                                 110          

      (B)  If the court considers that additional evaluations of   112          

the mental condition of a defendant are necessary following the    113          

evaluation authorized by division (A) of this section, the court   114          

may order up to two additional similar evaluations.  These         115          

evaluations shall be completed no later than thirty days from the  116          

date the applicable court order is entered.  If more than one      117          

evaluation of the mental condition of the defendant is ordered     118          

under this division, the prosecutor and the defendant may          119          

recommend to the court an examiner whom each prefers to perform    120          

one of the evaluations and preceding examinations.                 121          

                                                          4      


                                                                 
      (C)(1)  The court may order a defendant who has been         123          

released on bail to submit to an examination under division (A)    124          

or (B) of this section.  The examination shall be conducted        125          

either at the detention facility in which the defendant would      126          

have been confined if the defendant had not been released on       127          

bail, or, if so specified by the center, program, facility, or     128          

examiners involved, at the premises of the center, program, or     129          

facility.  Additionally, the examination shall be conducted at     130          

the times established by the examiners involved.  If such a        131          

defendant refuses to submit to an examination or a complete        132          

examination as required by the court or the center, program,       133          

facility, or examiners involved, the court may amend the           134          

conditions of the bail of the defendant and order the sheriff to   135          

take the defendant into custody and deliver the defendant to the   136          

detention facility in which the defendant would have been          137          

confined if the defendant had not been released on bail, or, if    139          

so specified by the center, program, facility, or examiners                     

involved, to the premises of the center, program, or facility,     140          

for purposes of the examination.                                   141          

      (2)  A defendant who has not been released on bail shall be  143          

examined at the detention facility in which the defendant is       144          

confined or, if so specified by the center, program, facility, or  146          

examiners involved, at the premises of the center, program, or     147          

facility.                                                                       

      (D)  The examiner of the mental condition of a defendant     149          

under division (A) or (B) of this section shall file a written     150          

report with the court within thirty days after the entry of an     151          

order for the evaluation of the mental condition of the            152          

defendant.  The report shall contain the findings of the           153          

examiner; the facts in reasonable detail on which the findings     154          

are based; the opinion of the examiner as to the mental condition  155          

of the defendant; the opinion of the examiner as to whether the    156          

defendant represents a substantial risk of physical harm to other  157          

persons as manifested by evidence of recent homicidal or other     158          

                                                          5      


                                                                 
violent behavior, evidence of recent threats that placed other     159          

persons in reasonable fear of violent behavior and serious         160          

physical harm, or evidence of present dangerousness; and the       161          

opinion of the examiner as to the types of treatment or            162          

counseling that the defendant needs.  The court shall provide      163          

copies of the report to the prosecutor and defense counsel.        164          

      (E)  The costs of any evaluation and preceding examination   166          

of a defendant that is ordered pursuant to division (A) or (B) of  167          

this section shall be taxed as court costs in the criminal case.   168          

      (F)  If the examiner considers it necessary in order to      170          

make an accurate evaluation of the mental condition of a           171          

defendant, an examiner under division (A) or (B) of this section   172          

may request any family or household member of the defendant to     173          

provide the examiner with information.  A family or household      174          

member may, but is not required to, provide information to the     175          

examiner upon receipt of the request.                              176          

      (G)  As used in this section:                                178          

      (1)  "Bail" includes a recognizance.                         180          

      (2)  "Examiner" means a psychiatrist, a licensed             182          

independent social worker who is employed by a forensic center     184          

that is certified as being in compliance with the standards        185          

established under division (J) of section 5119.01 or division (C)  186          

of section 5123.04 of the Revised Code, a licensed professional    187          

clinical counselor who is employed at a forensic center that is    188          

certified as being in compliance with such standards, or a         189          

licensed clinical psychologist, except that in order to be an      190          

examiner, a licensed clinical psychologist shall meet the          191          

criteria of division (I)(1) of section 5122.01 of the Revised      192          

Code or be employed to conduct examinations by the department of   193          

mental health or by a forensic center certified as being in        194          

compliance with the standards established under division (J) of    195          

section 5119.01 or division (C) of section 5123.04 of the Revised  196          

Code that is designated by the department of mental health.        197          

      (3)  "Family or household member" has the same meaning as    199          

                                                          6      


                                                                 
in section 2919.25 of the Revised Code.                            200          

      (4)  "Prosecutor" has the same meaning as in section         202          

2935.01 of the Revised Code.                                       203          

      (5)  "Psychiatrist" and "licensed clinical psychologist"     206          

have the same meanings as in section 5122.01 of the Revised Code.  207          

      (6)  "Protection order issued by a court of another state"   209          

has the same meaning as in section 2919.27 of the Revised Code.    210          

      Sec. 2925.01.  As used in this chapter:                      219          

      (A)  "Administer," "controlled substance," "dispense,"       221          

"distribute," "hypodermic," "manufacturer," "official written      223          

order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"  225          

"schedule II," "schedule III," "schedule IV," "schedule V," and    226          

"wholesaler" have the same meanings as in section 3719.01 of the   227          

Revised Code.                                                                   

      (B)  "Drug dependent person" and "drug of abuse" have the    229          

same meanings as in section 3719.011 of the Revised Code.          230          

      (C)  "Drug," "dangerous drug," "licensed health              232          

professional authorized to prescribe drugs," and "prescription"    234          

have the same meanings as in section 4729.01 of the Revised Code.  235          

      (D)  "Bulk amount" of a controlled substance means any of    237          

the following:                                                     238          

      (1)  For any compound, mixture, preparation, or substance    240          

included in schedule I, schedule II, or schedule III, with the     242          

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

except as provided in division (D)(2) or (5) of this section,      244          

whichever of the following is applicable:                                       

      (a)  An amount equal to or exceeding ten grams or            246          

twenty-five unit doses of a compound, mixture, preparation, or     247          

substance that is or contains any amount of a schedule I opiate    248          

or opium derivative;                                               249          

      (b)  An amount equal to or exceeding ten grams of a          252          

compound, mixture, preparation, or substance that is or contains   253          

any amount of raw or gum opium;                                    254          

      (c)  An amount equal to or exceeding thirty grams or ten     257          

                                                          7      


                                                                 
unit doses of a compound, mixture, preparation, or substance that  258          

is or contains any amount of a schedule I hallucinogen other than  259          

tetrahydrocannabinol or lysergic acid amide, or a schedule I       262          

stimulant or depressant;                                           263          

      (d)  An amount equal to or exceeding twenty grams or five    266          

times the maximum daily dose in the usual dose range specified in  267          

a standard pharmaceutical reference manual of a compound,          268          

mixture, preparation, or substance that is or contains any amount  269          

of a schedule II opiate or opium derivative;                       270          

      (e)  An amount equal to or exceeding five grams or ten unit  272          

doses of a compound, mixture, preparation, or substance that is    273          

or contains any amount of phencyclidine;                           274          

      (f)  An amount equal to or exceeding one hundred twenty      276          

grams or thirty times the maximum daily dose in the usual dose     277          

range specified in a standard pharmaceutical reference manual of   278          

a compound, mixture, preparation, or substance that is or          279          

contains any amount of a schedule II stimulant that is in a final  280          

dosage form manufactured by a person authorized by the "Federal    281          

Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.   283          

301, as amended, and the federal drug abuse control laws, as       284          

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

contains any amount of a schedule II depressant substance or a     286          

schedule II hallucinogenic substance;                                           

      (g)  An amount equal to or exceeding three grams of a        289          

compound, mixture, preparation, or substance that is or contains   290          

any amount of a schedule II stimulant, or any of its salts or      291          

isomers, that is not in a final dosage form manufactured by a      292          

person authorized by the Federal Food, Drug, and Cosmetic Act and  293          

the federal drug abuse control laws.                               294          

      (2)  An amount equal to or exceeding one hundred twenty      297          

grams or thirty times the maximum daily dose in the usual dose     298          

range specified in a standard pharmaceutical reference manual of   300          

a compound, mixture, preparation, or substance that is or          302          

contains any amount of a schedule III or IV substance other than   304          

                                                          8      


                                                                 
an anabolic steroid or a schedule III opiate or opium derivative;  305          

      (3)  An amount equal to or exceeding twenty grams or five    307          

times the maximum daily dose in the usual dose range specified in  308          

a standard pharmaceutical reference manual of a compound,          309          

mixture, preparation, or substance that is or contains any amount  311          

of a schedule III opiate or opium derivative;                                   

      (4)  An amount equal to or exceeding two hundred fifty       313          

milliliters or two hundred fifty grams of a compound, mixture,     314          

preparation, or substance that is or contains any amount of a      315          

schedule V substance;                                              316          

      (5)  An amount equal to or exceeding two hundred solid       319          

dosage units, sixteen grams, or sixteen milliliters of a           320          

compound, mixture, preparation, or substance that is or contains   321          

any amount of a schedule III anabolic steroid.                     322          

      (E)  "Unit dose" means an amount or unit of a compound,      324          

mixture, or preparation containing a controlled substance that is  325          

separately identifiable and in a form that indicates that it is    327          

the amount or unit by which the controlled substance is            328          

separately administered to or taken by an individual.              329          

      (F)  "Cultivate" includes planting, watering, fertilizing,   331          

or tilling.                                                        332          

      (G)  "Drug abuse offense" means any of the following:        334          

      (1)  A violation of division (A) of section 2913.02 that     336          

constitutes theft of drugs, or a violation of section 2925.02,     337          

2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,     338          

2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.37   340          

of the Revised Code;                                                            

      (2)  A violation of an existing or former law of this or     342          

any other state or of the United States that is substantially      343          

equivalent to any section listed in division (G)(1) of this        344          

section;                                                           345          

      (3)  An offense under an existing or former law of this or   347          

any other state, or of the United States, of which planting,       348          

cultivating, harvesting, processing, making, manufacturing,        349          

                                                          9      


                                                                 
producing, shipping, transporting, delivering, acquiring,          350          

possessing, storing, distributing, dispensing, selling, inducing   351          

another to use, administering to another, using, or otherwise      352          

dealing with a controlled substance is an element;                 353          

      (4)  A conspiracy to commit, attempt to commit, or           355          

complicity in committing or attempting to commit any offense       356          

under division (G)(1), (2), or (3) of this section.                357          

      (H)  "Felony drug abuse offense" means any drug abuse        359          

offense that would constitute a felony under the laws of this      360          

state, any other state, or the United States.                      361          

      (I)  "Harmful intoxicant" does not include beer or           363          

intoxicating liquor but means any compound, mixture, preparation,  365          

or substance the gas, fumes, or vapor of which when inhaled can    366          

induce intoxication, excitement, giddiness, irrational behavior,   367          

depression, stupefaction, paralysis, unconsciousness,              368          

asphyxiation, or other harmful physiological effects, and          369          

includes, but is not limited to, any of the following:             370          

      (1)  Any volatile organic solvent, plastic cement, model     372          

cement, fingernail polish remover, lacquer thinner, cleaning       373          

fluid, gasoline, or other preparation containing a volatile        374          

organic solvent;                                                   375          

      (2)  Any aerosol propellant;                                 377          

      (3)  Any fluorocarbon refrigerant;                           379          

      (4)  Any anesthetic gas.                                     381          

      (J)  "Manufacture" means to plant, cultivate, harvest,       383          

process, make, prepare, or otherwise engage in any part of the     384          

production of a drug, by propagation, extraction, chemical         385          

synthesis, or compounding, or any combination of the same, and     386          

includes packaging, repackaging, labeling, and other activities    387          

incident to production.                                            388          

      (K)  "Possess" or "possession" means having control over a   390          

thing or substance, but may not be inferred solely from mere       391          

access to the thing or substance through ownership or occupation   392          

of the premises upon which the thing or substance is found.        393          

                                                          10     


                                                                 
      (L)  "Sample drug" means a drug or pharmaceutical            395          

preparation that would be hazardous to health or safety if used    396          

without the supervision of a licensed health professional          398          

authorized to prescribe drugs, or a drug of abuse, and that, at    399          

one time, had been placed in a container plainly marked as a       400          

sample by a manufacturer.                                                       

      (M)  "Standard pharmaceutical reference manual" means the    402          

current edition, with cumulative changes if any, of any of the     403          

following reference works:                                         404          

      (1)  "The National Formulary";                               406          

      (2)  "The United States Pharmacopeia," prepared by           408          

authority of the United States Pharmacopeial Convention, Inc.;     409          

      (3)  Other standard references that are approved by the      411          

state board of pharmacy.                                           412          

      (N)  "Juvenile" means a person under eighteen years of age.  414          

      (O)  "Counterfeit controlled substance" means any of the     416          

following:                                                         417          

      (1)  Any drug that bears, or whose container or label        419          

bears, a trademark, trade name, or other identifying mark used     420          

without authorization of the owner of rights to that trademark,    421          

trade name, or identifying mark;                                   422          

      (2)  Any unmarked or unlabeled substance that is             424          

represented to be a controlled substance manufactured, processed,  425          

packed, or distributed by a person other than the person that      426          

manufactured, processed, packed, or distributed it;                427          

      (3)  Any substance that is represented to be a controlled    429          

substance but is not a controlled substance or is a different      430          

controlled substance;                                              431          

      (4)  Any substance other than a controlled substance that a  433          

reasonable person would believe to be a controlled substance       434          

because of its similarity in shape, size, and color, or its        435          

markings, labeling, packaging, distribution, or the price for      436          

which it is sold or offered for sale.                              437          

      (P)  An offense is "committed in the vicinity of a school"   439          

                                                          11     


                                                                 
if the offender commits the offense on school premises, in a       440          

school building, or within one thousand feet of the boundaries of  441          

any school premises.                                                            

      (Q)  "School" means any school operated by a board of        443          

education or any school for which the state board of education     444          

prescribes minimum standards under section 3301.07 of the Revised  445          

Code, whether or not any instruction, extracurricular activities,  446          

or training provided by the school is being conducted at the time  447          

a criminal offense is committed.                                   448          

      (R)  "School premises" means either of the following:        450          

      (1)  The parcel of real property on which any school is      452          

situated, whether or not any instruction, extracurricular          453          

activities, or training provided by the school is being conducted  454          

on the premises at the time a criminal offense is committed;       455          

      (2)  Any other parcel of real property that is owned or      457          

leased by a board of education of a school or the governing body   458          

of a school for which the state board of education prescribes      459          

minimum standards under section 3301.07 of the Revised Code and    460          

on which some of the instruction, extracurricular activities, or   461          

training of the school is conducted, whether or not any            462          

instruction, extracurricular activities, or training provided by   463          

the school is being conducted on the parcel of real property at    464          

the time a criminal offense is committed.                          465          

      (S)  "School building" means any building in which any of    467          

the instruction, extracurricular activities, or training provided  468          

by a school is conducted, whether or not any instruction,          469          

extracurricular activities, or training provided by the school is  470          

being conducted in the school building at the time a criminal      471          

offense is committed.                                              472          

      (T)  "Disciplinary counsel" means the disciplinary counsel   474          

appointed by the board of commissioners on grievances and          475          

discipline of the supreme court under the Rules for the            476          

Government of the Bar of Ohio.                                     477          

      (U)  "Certified grievance committee" means a duly            479          

                                                          12     


                                                                 
constituted and organized committee of the Ohio state bar          480          

association or of one or more local bar associations of the state  481          

of Ohio that complies with the criteria set forth in Rule V,       482          

section 6 of the Rules for the Government of the Bar of Ohio.      483          

      (V)  "Professional license" means any license, permit,       485          

certificate, registration, qualification, admission, temporary     486          

license, temporary permit, temporary certificate, or temporary     487          

registration that is described in divisions (W)(1) to (35) of      488          

this section and that qualifies a person as a professionally       489          

licensed person.                                                   490          

      (W)  "Professionally licensed person" means any of the       492          

following:                                                         493          

      (1)  A person who has obtained a license as a manufacturer   495          

of controlled substances or a wholesaler of controlled substances  496          

under Chapter 3719. of the Revised Code;                           497          

      (2)  A person who has received a certificate or temporary    499          

certificate as a certified public accountant or who has            500          

registered as a public accountant under Chapter 4701. of the       501          

Revised Code and who holds an Ohio permit issued under that        502          

chapter;                                                           503          

      (3)  A person who holds a certificate of qualification to    505          

practice architecture issued or renewed and registered under       506          

Chapter 4703. of the Revised Code;                                 507          

      (4)  A person who is registered as a landscape architect     509          

under Chapter 4703. of the Revised Code or who holds a permit as   510          

a landscape architect issued under that chapter;                   511          

      (5)  A person licensed as an auctioneer or apprentice        513          

auctioneer or licensed to operate an auction company under         514          

Chapter 4707. of the Revised Code;                                 515          

      (6)  A person who has been issued a certificate of           517          

registration as a registered barber under Chapter 4709. of the     518          

Revised Code;                                                      519          

      (7)  A person licensed and regulated to engage in the        521          

business of a debt pooling company by a legislative authority,     522          

                                                          13     


                                                                 
under authority of Chapter 4710. of the Revised Code;              523          

      (8)  A person who has been issued a cosmetologist's          525          

license, manicurist's license, esthetician's license, managing     526          

cosmetologist's license, managing manicurist's license, managing   527          

esthetician's license, cosmetology instructor's license,           528          

manicurist instructor's license, esthetician instructor's          529          

license, or tanning facility permit under Chapter 4713. of the     530          

Revised Code;                                                      531          

      (9)  A person who has been issued a license to practice      533          

dentistry, a general anesthesia permit, a conscious intravenous    534          

sedation permit, a limited resident's license, a limited teaching  535          

license, a dental hygienist's license, or a dental hygienist's     536          

teacher's certificate under Chapter 4715. of the Revised Code;     537          

      (10)  A person who has been issued an embalmer's license, a  539          

funeral director's license, a funeral home license, or a           540          

crematory license, or who has been registered for an embalmer's    541          

or funeral director's apprenticeship under Chapter 4717. of the    542          

Revised Code;                                                                   

      (11)  A person who has been licensed as a registered nurse   544          

or practical nurse, or who has been issued a certificate for the   545          

practice of nurse-midwifery under Chapter 4723. of the Revised     546          

Code;                                                              547          

      (12)  A person who has been licensed to practice optometry   549          

or to engage in optical dispensing under Chapter 4725. of the      550          

Revised Code;                                                      551          

      (13)  A person licensed to act as a pawnbroker under         553          

Chapter 4727. of the Revised Code;                                 554          

      (14)  A person licensed to act as a precious metals dealer   556          

under Chapter 4728. of the Revised Code;                           557          

      (15)  A person licensed as a pharmacist, a pharmacy intern,  560          

a wholesale distributor of dangerous drugs, or a terminal                       

distributor of dangerous drugs under Chapter 4729. of the Revised  561          

Code;                                                              562          

      (16)  A person who is authorized to practice as a physician  564          

                                                          14     


                                                                 
assistant under Chapter 4730. of the Revised Code;                 565          

      (17)  A person who has been issued a certificate to          567          

practice medicine and surgery, osteopathic medicine and surgery,   568          

a limited branch of medicine, or podiatry under Chapter 4731. of   570          

the Revised Code;                                                               

      (18)  A person licensed as a psychologist or school          572          

psychologist under Chapter 4732. of the Revised Code;              573          

      (19)  A person registered to practice the profession of      575          

engineering or surveying under Chapter 4733. of the Revised Code;  576          

      (20)  A person who has been issued a license to practice     579          

chiropractic under Chapter 4734. of the Revised Code;                           

      (21)  A person licensed to act as a real estate broker or    581          

real estate salesperson under Chapter 4735. of the Revised Code;   582          

      (22)  A person registered as a registered sanitarian under   584          

Chapter 4736. of the Revised Code;                                 585          

      (23)  A person licensed to operate or maintain a junkyard    587          

under Chapter 4737. of the Revised Code;                           588          

      (24)  A person who has been issued a motor vehicle salvage   590          

dealer's license under Chapter 4738. of the Revised Code;          591          

      (25)  A person who has been licensed to act as a steam       593          

engineer under Chapter 4739. of the Revised Code;                  594          

      (26)  A person who has been issued a license or temporary    596          

permit to practice veterinary medicine or any of its branches, or  597          

who is registered as a graduate animal technician under Chapter    598          

4741. of the Revised Code;                                         599          

      (27)  A person who has been issued a hearing aid dealer's    601          

or fitter's license or trainee permit under Chapter 4747. of the   602          

Revised Code;                                                      603          

      (28)  A person who has been issued a class A, class B, or    605          

class C license or who has been registered as an investigator or   606          

security guard employee under Chapter 4749. of the Revised Code;   607          

      (29)  A person licensed and registered to practice as a      609          

nursing home administrator under Chapter 4751. of the Revised      610          

Code;                                                              611          

                                                          15     


                                                                 
      (30)  A person licensed to practice as a speech-language     613          

pathologist or audiologist under Chapter 4753. of the Revised      615          

Code;                                                                           

      (31)  A person issued a license as an occupational           617          

therapist or physical therapist under Chapter 4755. of the         618          

Revised Code;                                                      619          

      (32)  A person who is licensed as a professional clinical    621          

counselor or professional counselor, licensed as a social worker   622          

or independent social worker, or registered as a social work       623          

assistant under Chapter 4757. of the Revised Code;                 624          

      (33)  A person issued a license to practice dietetics under  626          

Chapter 4759. of the Revised Code;                                 627          

      (34)  A person who has been issued a license or limited      630          

permit to practice respiratory therapy under Chapter 4761. of the  631          

Revised Code;                                                      632          

      (35)  A person who has been issued a real estate appraiser   634          

certificate under Chapter 4763. of the Revised Code.               635          

      (X)  "Cocaine" means any of the following:                   637          

      (1)  A cocaine salt, isomer, or derivative, a salt of a      639          

cocaine isomer or derivative, or the base form of cocaine;         640          

      (2)  Coca leaves or a salt, compound, derivative, or         642          

preparation of coca leaves, including ecgonine, a salt, isomer,    643          

or derivative of ecgonine, or a salt of an isomer or derivative    644          

of ecgonine;                                                       645          

      (3)  A salt, compound, derivative, or preparation of a       647          

substance identified in division (X)(1) or (2) of this section     649          

that is chemically equivalent to or identical with any of those    650          

substances, except that the substances shall not include           651          

decocainized coca leaves or extraction of coca leaves if the       652          

extractions do not contain cocaine or ecgonine.                    653          

      (Y)  "L.S.D." means lysergic acid diethylamide.              656          

      (Z)  "Hashish" means the resin or a preparation of the       658          

resin contained in marihuana, whether in solid form or in a        659          

liquid concentrate, liquid extract, or liquid distillate form.     660          

                                                          16     


                                                                 
      (AA)  "Marihuana" has the same meaning as in section         662          

3719.01 of the Revised Code, except that it does not include       664          

hashish.                                                                        

      (BB)  An offense is "committed in the vicinity of a          666          

juvenile" if the offender commits the offense within one hundred   668          

feet of a juvenile or within the view of a juvenile, regardless    669          

of whether the offender knows the age of the juvenile, whether     670          

the offender knows the offense is being committed within one       671          

hundred feet of or within view of the juvenile, or whether the     672          

juvenile actually views the commission of the offense.                          

      (CC)  "Presumption for a prison term" or "presumption that   674          

a prison term shall be imposed" means a presumption, as described  675          

in division (D) of section 2929.13 of the Revised Code, that a     676          

prison term is a necessary sanction for a felony in order to       677          

comply with the purposes and principles of sentencing under        678          

section 2929.11 of the Revised Code.                                            

      (DD)  "Major drug offender" has the same meaning as in       680          

section 2929.01 of the Revised Code.                               681          

      (EE)  "Minor drug possession offense" means either of the    683          

following:                                                         684          

      (1)  A violation of section 2925.11 of the Revised Code as   686          

it existed prior to July 1, 1996;                                  687          

      (2)  A violation of section 2925.11 of the Revised Code as   689          

it exists on and after July 1, 1996, that is a misdemeanor or a    690          

felony of the fifth degree.                                        691          

      (FF)  "Mandatory prison term" has the same meaning as in     694          

section 2929.01 of the Revised Code.                                            

      (GG)  "Crack cocaine" means a compound, mixture,             696          

preparation, or substance that is or contains any amount of        697          

cocaine that is analytically identified as the base form of        698          

cocaine or that is in a form that resembles rocks or pebbles       699          

generally intended for individual use.                                          

      (HH)  "ADULTERATE" MEANS TO CAUSE A DRUG TO BE ADULTERATED   701          

AS DESCRIBED IN SECTION 3715.63 OF THE REVISED CODE.               702          

                                                          17     


                                                                 
      Sec. 2925.24. (A)  NO PERSON SHALL KNOWINGLY ADULTERATE OR   705          

ALTER ANY DANGEROUS DRUG OR SUBSTITUTE ANY DANGEROUS DRUG WITH                  

ANOTHER SUBSTANCE.                                                 706          

      (B)  NO PERSON SHALL KNOWINGLY ADULTERATE OR ALTER ANY       708          

PACKAGE OR RECEPTACLE CONTAINING ANY DANGEROUS DRUG OR SUBSTITUTE  709          

ANY PACKAGE OR RECEPTACLE CONTAINING ANY DANGEROUS DRUG WITH       710          

ANOTHER PACKAGE OR RECEPTACLE.                                     711          

      (C)  DIVISIONS (A) AND (B) OF THIS SECTION DO NOT APPLY TO   714          

MANUFACTURERS, PRACTITIONERS, PHARMACISTS, OWNERS OF PHARMACIES,   716          

NURSES, AND OTHER PERSONS, WHEN THE CONDUCT OF THE MANUFACTURER,   717          

PRACTITIONER, PHARMACIST, OWNER OF A PHARMACY, NURSE, OR OTHER     718          

PERSON IS IN ACCORDANCE WITH CHAPTERS 3719., 4715., 4723., 4729.,  719          

4731., AND 4741. OF THE REVISED CODE.                              720          

      (D)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER THIS     722          

SECTION ALLEGING THAT A PERSON ALTERED A DANGEROUS DRUG THAT THE   723          

DANGEROUS DRUG THE PERSON ALLEGEDLY ALTERED WAS LAWFULLY           725          

PRESCRIBED FOR THE PERSON'S PERSONAL USE AND THAT THE PERSON DID   726          

NOT SELL OR TRANSFER OR INTEND TO SELL OR TRANSFER THE DANGEROUS   727          

DRUG TO ANOTHER PERSON.                                                         

      (E)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF TAMPERING    729          

WITH DRUGS, A FELONY OF THE THIRD DEGREE.  IF THE VIOLATION        730          

RESULTS IN PHYSICAL HARM TO ANY PERSON, TAMPERING WITH DRUGS IS A  731          

FELONY OF THE SECOND DEGREE.                                       732          

      Sec. 2937.23.  (A)  In a case involving a felony, the judge  742          

or magistrate shall fix the amount of bail.  In a case involving                

a misdemeanor or a violation of a municipal ordinance and not      743          

involving a felony, the judge, magistrate, or clerk of the court   744          

may fix the amount of bail and may do so in accordance with a      745          

schedule previously fixed by the judge or magistrate, or, in a     747          

case when the judge, magistrate, or clerk of the court is not      748          

readily available, the sheriff, deputy sheriff, marshal, deputy    749          

marshal, police officer, or jailer having custody of the person    750          

charged may fix the amount of bail in accordance with a schedule   752          

previously fixed by the judge or magistrate and shall take the     753          

                                                          18     


                                                                 
bail only in the county courthouse, the municipal or township      754          

building, or the county or municipal jail.  In all cases, the      755          

bail shall be fixed with consideration of the seriousness of the   756          

offense charged, the previous criminal record of the defendant,    757          

and the probability of the defendant appearing at the trial of     758          

the case.                                                                       

      (B)  IN ANY CASE INVOLVING AN ALLEGED VIOLATION OF SECTION   760          

2903.211 OF THE REVISED CODE OR OF A MUNICIPAL ORDINANCE THAT IS   761          

SUBSTANTIALLY SIMILAR TO THAT SECTION, THE COURT SHALL DETERMINE   762          

WHETHER IT WILL ORDER AN EVALUATION OF THE MENTAL CONDITION OF     763          

THE DEFENDANT PURSUANT TO SECTION 2919.271 OF THE REVISED CODE     764          

AND, IF IT DECIDES TO SO ORDER, SHALL ISSUE THE ORDER REQUIRING    765          

THE EVALUATION BEFORE IT SETS BAIL FOR THE PERSON CHARGED WITH     766          

THE VIOLATION.  In any case involving an alleged violation of      767          

section 2919.27 of the Revised Code or of a municipal ordinance    768          

that is substantially similar to that section and in which the     769          

court finds that either of the following criteria applies, the     770          

court shall determine whether it will order an evaluation of the   771          

mental condition of the defendant pursuant to section 2919.271 of  772          

the Revised Code and, if it decides to so order, shall issue the   773          

order requiring that evaluation before it sets bail for the        774          

person charged with the violation:                                              

      (1)  Regarding an alleged violation of a protection order    777          

issued or consent agreement approved pursuant to section 2919.26   778          

or 3113.31 of the Revised Code, that the violation allegedly       780          

involves conduct by the defendant that caused physical harm to     782          

the person or property of a family or household member covered by  783          

the order or agreement or conduct by that defendant that caused a  784          

family or household member to believe that the defendant would     785          

cause physical harm to that member or that member's property;      786          

      (2)  Regarding an alleged violation of a protection order    789          

issued pursuant to section 2903.213 or 2903.214 of the Revised     790          

Code, or a protection order issued by a court of another state,    791          

as defined in section 2919.27 of the Revised Code, that the        792          

                                                          19     


                                                                 
violation allegedly involves conduct by the defendant that caused  794          

physical harm to the person or property of the person covered by   795          

the order or conduct by that defendant that caused the person      796          

covered by the order to believe that the defendant would cause     797          

physical harm to that person or that person's property.            798          

      Sec. 2951.041.  (A)  If the court has reason to believe      807          

that an offender charged with a felony or misdemeanor is a drug    808          

dependent person or is in danger of becoming a drug dependent      809          

person, the court shall accept, prior to the entry of a plea,      810          

that offender's request for treatment in lieu of conviction.  If   811          

the offender requests treatment in lieu of conviction, the court   812          

shall stay all criminal proceedings pending the outcome of the     813          

hearing to determine whether the offender is a person eligible     814          

for treatment in lieu of conviction.  At the conclusion of the     815          

hearing, the court shall enter its findings and accept the         816          

offender's plea.                                                   817          

      (B)(1)  An offender who requests treatment in lieu of        819          

conviction under division (A) of this section is eligible for      820          

that treatment if the court finds that:                            821          

      (1)(a)  The offender's drug dependence or danger of drug     823          

dependence was a factor leading to the criminal activity with      824          

which the offender is charged, and rehabilitation through          825          

treatment would substantially reduce the likelihood of additional  826          

criminal activity.                                                 827          

      (2)(b)  The offender has been accepted into a program        829          

licensed by the department of alcohol and drug addiction services  831          

pursuant to section 3793.11 of the Revised Code, a program         833          

certified by the department pursuant to section 3793.06 of the     834          

Revised Code, a public or private hospital, the veterans           835          

administration or other agency of the federal government, private  836          

care or treatment rendered by a physician or a psychologist        837          

licensed in the state, or other appropriate drug treatment         838          

facility or program.                                                            

      (3)(c)  If the offender is convicted of a misdemeanor, the   840          

                                                          20     


                                                                 
offender would be eligible for probation under section 2951.02 of  842          

the Revised Code, except that a finding of any of the criteria     843          

listed in division (D) of that section shall cause the offender    844          

to be conclusively ineligible for treatment in lieu of             845          

conviction.  If the offender is convicted of a felony, the         846          

offender would be eligible for a community control sanction.       847          

      (4)(d)  The offender is not a repeat offender or dangerous   849          

offender, as defined in section 2935.36 of the Revised Code;       851          

      (5)(e)  The offender is not charged with a violation of      853          

section 2925.02, 2925.03, 2925.04, or 2925.11 of the Revised Code  855          

that is not a minor drug possession offense, as defined in         856          

section 2925.01 of the Revised Code;                               857          

      (f)  IF THE OFFENDER IS CHARGED WITH A VIOLATION OF SECTION  859          

2925.24 OF THE REVISED CODE, THE ALLEGED VIOLATION DID NOT RESULT  861          

IN PHYSICAL HARM TO ANY PERSON, AND THE OFFENDER PREVIOUSLY HAS    862          

NOT BEEN TREATED FOR DRUG ABUSE.                                   863          

      (2)  Upon a finding of that nature UNDER DIVISION (B)(1) OF  866          

THIS SECTION THAT THE OFFENDER IS ELIGIBLE FOR TREATMENT IN LIEU   867          

OF CONVICTION and if the offender enters a plea of guilty or no    869          

contest, the court may stay all criminal proceedings and order     870          

the offender to a period of rehabilitation.  If a plea of not      871          

guilty is entered, a trial shall precede further consideration of  872          

the offender's request for treatment in lieu of conviction.        873          

      (C)  The offender and the prosecuting attorney shall be      875          

afforded the opportunity to present evidence to establish          876          

eligibility or ineligibility for treatment in lieu of conviction,  877          

and the prosecuting attorney may make a recommendation to the      878          

court concerning whether the offender should receive treatment in  879          

lieu of conviction.  Upon the request of the offender and to aid   880          

the offender in establishing the offender's eligibility for        881          

treatment in lieu of conviction, the court may refer the offender  882          

for medical and psychiatric examination to the department of       883          

mental health, to a state facility designated by the department,   884          

to a psychiatric clinic approved by the department, or to a        885          

                                                          21     


                                                                 
facility or program described in division (B)(2) of this section.  886          

However, the psychiatric portion of an examination pursuant to a   887          

referral under this division shall be performed only by a          888          

court-appointed individual who has not previously treated the      889          

offender or a member of the offender's immediate family.           890          

      (D)  An offender found to be eligible for treatment in lieu  892          

of conviction and ordered to a period of rehabilitation shall be   893          

placed under the control and supervision of the county probation   894          

department or the adult parole authority as provided in this       895          

chapter as if the offender were on probation or as if the          896          

offender were under a community control sanction.  The court       897          

shall order a period of rehabilitation to continue for any period  898          

that the judge or magistrate determines.  The period of            899          

rehabilitation may be extended, but the total period shall not     900          

exceed three years.  The period of rehabilitation shall be         901          

conditioned upon the offender's voluntary entrance into an         902          

appropriate drug treatment facility or program, faithful           903          

submission to prescribed treatment, and any other conditions that  904          

the court orders.                                                               

      (E)  Treatment of a person ordered to a period of            906          

rehabilitation under this section may include hospitalization      907          

under close supervision or otherwise, release on an outpatient     908          

status under supervision, and other treatment or after-care that   910          

the appropriate drug treatment facility or program considers                    

necessary or desirable to rehabilitate that person.  Persons       911          

released from hospitalization or treatment but still subject to    912          

the ordered period of rehabilitation may be rehospitalized or      913          

returned to treatment at any time it becomes necessary for their   914          

treatment and rehabilitation.                                      915          

      (F)  If the appropriate drug treatment facility or program   917          

reports to the probation officer that the offender has             918          

successfully completed treatment and is rehabilitated, the court   919          

may dismiss the charges pending against the offender.  If the      920          

facility or program reports to the probation officer that the      921          

                                                          22     


                                                                 
offender has successfully completed treatment and is               922          

rehabilitated or has obtained maximum benefits from treatment and  924          

that the offender has completed the period of rehabilitation and   925          

other conditions ordered by the court, the court shall dismiss     926          

the charges pending against the offender.  If the facility or      927          

program reports to the probation officer that the offender has     928          

failed treatment, has failed to submit to or follow the            929          

prescribed treatment, or has become a discipline problem, if the   930          

offender does not satisfactorily complete the period of                         

rehabilitation or the other conditions ordered by the court, or    931          

if the offender violates the conditions of the period of           932          

rehabilitation, the offender shall be arrested as provided in      933          

section 2951.08 of the Revised Code and removed from the facility  934          

or program, and the court immediately shall hold a hearing to      935          

determine if the offender failed treatment, failed to submit to    936          

or follow the prescribed treatment, did not satisfactorily         937          

complete the period of rehabilitation or any other condition       938          

ordered by the court, or violated any condition of the period of   939          

rehabilitation.  If the court so determines, it immediately shall  940          

enter an adjudication of guilt and shall impose upon the offender  941          

a term of imprisonment.                                            942          

      At any time and for any appropriate reason, the offender,    944          

the offender's probation officer, the authority or department      945          

that has the duty to control and supervise the offender as         947          

provided for in section 2951.05 of the Revised Code, or the        948          

facility or program may petition the court to reconsider,          949          

suspend, or modify its order for treatment concerning that         950          

offender.                                                                       

      (G)  The appropriate drug treatment facility or program      952          

shall report to the authority or department that has the duty to   953          

control and supervise the offender as provided for in section      954          

2951.05 of the Revised Code at any periodic reporting period the   955          

court requires and whenever the offender is changed from an        956          

inpatient to an outpatient, is transferred to another treatment    957          

                                                          23     


                                                                 
facility or program, fails treatment, fails to submit to or        958          

follow the prescribed treatment, becomes a discipline problem,     959          

does not satisfactorily complete the period of rehabilitation or   960          

other conditions ordered by the court, has violated the            961          

conditions of the period of rehabilitation, is rehabilitated, or   962          

obtains the maximum benefit of treatment.                          963          

      (H)  If, on the motion of an offender ordered to a period    965          

of rehabilitation under this section, the court finds that the     966          

offender has successfully completed the period of rehabilitation   967          

ordered by the court, is rehabilitated, is no longer drug          968          

dependent or in danger of becoming drug dependent, and has         969          

completed all other conditions, the court shall dismiss the        970          

proceeding against the offender.  Successful completion of a       971          

period of rehabilitation under this section shall be without       972          

adjudication of guilt and is not a criminal conviction for         973          

purposes of disqualifications or disabilities imposed by law and   974          

upon conviction of a crime, and the court may order the sealing    975          

of records in the manner provided in sections 2953.31 to 2953.36   976          

of the Revised Code.                                               977          

      (I)  Any person ordered to treatment by the terms of this    979          

section shall be liable for expenses incurred during the course    980          

of treatment, and, if the offender is treated in a benevolent      981          

institution under the jurisdiction of the department of mental     982          

health, the offender is subject to Chapter 5121. of the Revised    983          

Code.                                                                           

      (J)  An offender who is charged with a drug abuse offense,   985          

other than a minor misdemeanor offense involving marihuana, and    987          

who otherwise is eligible for treatment in lieu of conviction may  988          

request and may be ordered to a period of rehabilitation even      989          

though the findings required by divisions (B)(1)(a) and (2)(b) of  990          

this section are not made.  An order to rehabilitation under this  992          

division shall be subject to the conditions that the court         993          

requires but shall not be conditioned upon entry into an           994          

appropriate drug treatment facility or program.                    995          

                                                          24     


                                                                 
      (K)  As used in this section, "community control sanction"   997          

has the same meaning as in section 2929.01 of the Revised Code.    999          

      Section 2.  That existing sections 2919.271, 2925.01,        1,001        

2937.23, and 2951.041 of the Revised Code are hereby repealed.     1,002        

      Section 3.  Subject to Section 6 of this act, that section   1,004        

2903.211 of the Revised Code that results from Am. Sub. H.B. 137   1,005        

of the 123rd General Assembly contingently be amended to read as   1,006        

follows:                                                           1,007        

      Sec. 2903.211.  (A)  No person by engaging in a pattern of   1,009        

conduct shall knowingly cause another to believe that the          1,010        

offender will cause physical harm to the other person or cause     1,011        

mental distress to the other person.                               1,012        

      (B)  Whoever violates this section is guilty of menacing by  1,014        

stalking.                                                          1,015        

      (1)  Except as otherwise provided in division (B)(2) of      1,017        

this section, menacing by stalking is a misdemeanor of the first   1,018        

degree.                                                                         

      (2)  Menacing by stalking is a felony of the fourth degree   1,020        

if any of the following applies:                                   1,021        

      (a)  The offender previously has been convicted of or        1,023        

pleaded guilty to a violation of this section or a violation of    1,026        

section 2911.211 of the Revised Code.                                           

      (b)  In committing the offense, the offender made a threat   1,028        

of physical harm to or against the victim.                         1,029        

      (c)  In committing the offense, the offender trespassed on   1,031        

the land or premises where the victim lives, is employed, or       1,032        

attends school.                                                    1,033        

      (d)  The victim of the offense is a minor.                   1,035        

      (e)  The offender has a history of violence toward the       1,037        

victim or any other person or a history of other violent acts      1,038        

toward the victim or any other person.                             1,039        

      (f)  While committing the offense, the offender had a        1,041        

deadly weapon on or about the offender's person or under the       1,042        

offender's control.                                                1,043        

                                                          25     


                                                                 
      (g)  At the time of the commission of the offense, the       1,045        

offender was the subject of a protection order issued under        1,046        

section 2903.213 or 2903.214 of the Revised Code, regardless of    1,047        

whether the person to be protected under the order is the victim   1,048        

of the offense or another person.                                  1,049        

      (h)  In committing the offense, the offender caused serious  1,051        

physical harm to the premises at which the victim resides, to the  1,053        

real property on which that premises is located, or to any         1,054        

personal property located on that premises.                        1,055        

      (i)  The offender previously has been found to be a          1,057        

mentally ill person subject to hospitalization by court order, as  1,058        

defined in section 5122.01 of the Revised Code, under the          1,059        

criteria set forth in division (B)(1) or (2) of that section, or   1,060        

the offender previously had been voluntarily admitted under        1,061        

section 5122.02 of the Revised Code and, as the basis for or       1,063        

subsequent to that voluntary admission PRIOR TO COMMITTING THE     1,064        

OFFENSE, the offender was HAD BEEN determined to represent a risk  1,065        

to self or others to the extent described in division (B)(1) or    1,067        

(2) of section 5122.01 of the Revised Code SUBSTANTIAL RISK OF     1,068        

PHYSICAL HARM TO OTHERS AS MANIFESTED BY EVIDENCE OF THEN-RECENT                

HOMICIDAL OR OTHER VIOLENT BEHAVIOR, EVIDENCE OF THEN-RECENT       1,069        

THREATS THAT PLACED ANOTHER IN REASONABLE FEAR OF VIOLENT          1,070        

BEHAVIOR AND SERIOUS PHYSICAL HARM, OR OTHER EVIDENCE OF           1,071        

THEN-PRESENT DANGEROUSNESS.                                                     

      (C)  SECTION 2919.271 OF THE REVISED CODE APPLIES IN         1,073        

RELATION TO A DEFENDANT CHARGED WITH A VIOLATION OF THIS SECTION.  1,074        

      (D)  As used in this section:                                1,076        

      (1)  "Pattern of conduct" means two or more actions or       1,078        

incidents closely related in time, whether or not there has been   1,079        

a prior conviction based on any of those actions or incidents.     1,080        

Actions or incidents that prevent, obstruct, or delay the          1,081        

performance by a public official, firefighter, rescuer, or         1,082        

emergency medical services person of any authorized act within     1,083        

the public official's, firefighter's, rescuer's, or emergency      1,084        

                                                          26     


                                                                 
medical services person's official capacity may constitute a       1,085        

"pattern of conduct."                                                           

      (2)  "Mental distress" means any mental illness or           1,087        

condition that involves some temporary substantial incapacity or   1,088        

mental illness or condition that would normally require            1,089        

psychiatric treatment.                                             1,090        

      (3)  "Emergency medical services person" is the singular of  1,092        

"emergency medical services personnel" as defined in section       1,093        

2133.21 of the Revised Code.                                                    

      (4)  "Public official" has the same meaning as in section    1,095        

2921.01 of the Revised Code.                                       1,096        

      Section 4.  Subject to Section 6 of this act, that existing  1,098        

section 2903.211 of the Revised Code that results from Am. Sub.    1,099        

H.B. 137 of the 123rd General Assembly contingently is hereby      1,100        

repealed.                                                          1,101        

      Section 5.  Subject to Section 6 of this act, Sections 3     1,103        

and 4 of this act shall take effect on the effective date of Am.   1,104        

Sub. H.B. 137 of the 123rd General Assembly or the earliest date   1,105        

permitted by law, whichever is later.                              1,106        

      Section 6.  The amendments by this act to divisions          1,108        

(B)(2)(i) and (C) of section 2903.211 of the Revised Code and      1,109        

Sections 3, 4, and 5 of this act are contingent on Am. Sub. H.B.   1,110        

137 of the 123rd General Assembly becoming law, as concurred in    1,111        

on June 24, 1999, pages 929 and 930 of the House Journal.  If the  1,112        

contingency occurs, the version of section 2903.211 of the         1,113        

Revised Code in Sections 3 and 4 of this act that was contingent   1,114        

on the enactment of Am. Sub. H.B. 137 of the 123rd General         1,115        

Assembly supersedes the version of section 2903.211 of the         1,116        

Revised Code in effect prior to the effective date of Am. Sub.     1,117        

H.B. 137 of the 123rd General Assembly.                            1,118        

      Section 7.  This act is hereby declared to be an emergency   1,120        

measure necessary for the immediate preservation of the public     1,121        

peace, health, and safety.  The reason for such necessity is that  1,122        

immediate action is crucial to adjust the language of certain of   1,123        

                                                          27     


                                                                 
the menacing by stalking provisions enacted in Am. Sub. H.B. 137   1,124        

of the 123rd General Assembly to increase the provisions'          1,125        

effectiveness.  Therefore, this act shall go into immediate        1,126        

effect.                                                            1,127