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
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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
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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
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(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
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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
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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
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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
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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
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(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
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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
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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
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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
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(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