As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 528 5
1999-2000 6
REPRESENTATIVES CALLENDER-ALLEN-BUEHRER-CLANCY-FLANNERY-HAINES- 8
JACOBSON-PRINGLE-SCHURING-TAYLOR-TIBERI-TRAKAS-VAN VYVEN 9
_________________________________________________________________ 10
A B I L L
To amend sections 2925.03, 2929.13, and 2929.18 and 12
to repeal section 2925.07 of the Revised Code to 13
expand the drug trafficking offenses to also
include a prohibition against certain acts 14
related to the shipment, transportation,
delivery, or distribution of a controlled 15
substance for sale or resale.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 2925.03, 2929.13, and 2929.18 of 19
the Revised Code be amended to read as follows: 20
Sec. 2925.03. (A) No person shall knowingly sell DO ANY 29
OF THE FOLLOWING: 30
(1) SELL or offer to sell a controlled substance; 33
(2) PREPARE FOR SHIPMENT, SHIP, TRANSPORT, DELIVER, 35
PREPARE FOR DISTRIBUTION, OR DISTRIBUTE A CONTROLLED SUBSTANCE, 36
WHEN THE OFFENDER KNOWS OR HAS REASONABLE CAUSE TO BELIEVE THAT 37
THE CONTROLLED SUBSTANCE IS INTENDED FOR RESALE BY THE OFFENDER 38
OR ANOTHER PERSON.
(B) This section does not apply to any of the following: 40
(1) Manufacturers, licensed health professionals 42
authorized to prescribe drugs, pharmacists, owners of pharmacies, 44
and other persons whose conduct is in accordance with Chapters 45
3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the 46
Revised Code;
(2) If the offense involves an anabolic steroid, any 48
2
person who is conducting or participating in a research project 49
involving the use of an anabolic steroid if the project has been 50
approved by the United States food and drug administration; 51
(3) Any person who sells, offers for sale, prescribes, 53
dispenses, or administers for livestock or other nonhuman species 54
an anabolic steroid that is expressly intended for administration 55
through implants to livestock or other nonhuman species and 56
approved for that purpose under the "Federal Food, Drug, and 57
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 58
and is sold, offered for sale, prescribed, dispensed, or 59
administered for that purpose in accordance with that act. 60
(C) Whoever violates division (A) of this section is 62
guilty of one of the following: 63
(1) If the drug involved in the violation is any compound, 66
mixture, preparation, or substance included in schedule I or 67
schedule II, with the exception of marihuana, cocaine, L.S.D., 68
heroin, and hashish, whoever violates division (A) of this 70
section is guilty of aggravated trafficking in drugs. The 71
penalty for the offense shall be determined as follows: 72
(a) Except as otherwise provided in division (C)(1)(b), 75
(c), (d), (e), or (f) of this section, aggravated trafficking in 76
drugs is a felony of the fourth degree, and division (C) of 78
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 80
(b) Except as otherwise provided in division (C)(1)(c), 83
(d), (e), or (f) of this section, if the offense was committed in 84
the vicinity of a school or in the vicinity of a juvenile, 85
aggravated trafficking in drugs is a felony of the third degree, 86
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 87
(c) Except as otherwise provided in this division, if the 89
amount of the drug involved exceeds the bulk amount but does not 91
exceed five times the bulk amount, aggravated trafficking in 92
drugs is a felony of the third degree, and the court shall impose 93
3
as a mandatory prison term one of the prison terms prescribed for 94
a felony of the third degree. If the amount of the drug involved 95
is within that range and if the offense was committed in the 96
vicinity of a school or in the vicinity of a juvenile, aggravated 97
trafficking in drugs is a felony of the second degree, and the 98
court shall impose as a mandatory prison term one of the prison 99
terms prescribed for a felony of the second degree. 100
(d) Except as otherwise provided in this division, if the 102
amount of the drug involved exceeds five times the bulk amount 104
but does not exceed fifty times the bulk amount, aggravated 105
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 106
terms prescribed for a felony of the second degree. If the 107
amount of the drug involved is within that range and if the 108
offense was committed in the vicinity of a school or in the 109
vicinity of a juvenile, aggravated trafficking in drugs is a 110
felony of the first degree, and the court shall impose as a 111
mandatory prison term one of the prison terms prescribed for a 112
felony of the first degree. 113
(e) If the amount of the drug involved exceeds fifty times 116
the bulk amount but does not exceed one hundred times the bulk 117
amount and regardless of whether the offense was committed in the 118
vicinity of a school or in the vicinity of a juvenile, aggravated 119
trafficking in drugs is a felony of the first degree, and the 120
court shall impose as a mandatory prison term one of the prison 121
terms prescribed for a felony of the first degree. 122
(f) If the amount of the drug involved exceeds one hundred 125
times the bulk amount and regardless of whether the offense was 126
committed in the vicinity of a school or in the vicinity of a 127
juvenile, aggravated trafficking in drugs is a felony of the 128
first degree, and the court shall impose as a mandatory prison 129
term the maximum prison term prescribed for a felony of the first 130
degree and may impose an additional prison term prescribed for a 131
major drug offender under division (D)(3)(b) of section 2929.14 132
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of the Revised Code. 133
(2) If the drug involved in the violation is any compound, 136
mixture, preparation, or substance included in schedule III, IV, 137
or V, whoever violates division (A) of this section is guilty of 138
trafficking in drugs. The penalty for the offense shall be 139
determined as follows: 140
(a) Except as otherwise provided in division (C)(2)(b), 143
(c), (d), or (e) of this section, trafficking in drugs is a 145
felony of the fifth degree, and division (C) of section 2929.13 146
of the Revised Code applies in determining whether to impose a 147
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 150
(d), or (e) of this section, if the offense was committed in the 151
vicinity of a school or in the vicinity of a juvenile, 152
trafficking in drugs is a felony of the fourth degree, and 153
division (C) of section 2929.13 of the Revised Code applies in 154
determining whether to impose a prison term on the offender. 156
(c) Except as otherwise provided in this division, if the 158
amount of the drug involved exceeds the bulk amount but does not 160
exceed five times the bulk amount, trafficking in drugs is a 161
felony of the fourth degree, and there is a presumption for a 162
prison term for the offense. If the amount of the drug involved 163
is within that range and if the offense was committed in the 164
vicinity of a school or in the vicinity of a juvenile, 165
trafficking in drugs is a felony of the third degree, and there 166
is a presumption for a prison term for the offense. 167
(d) Except as otherwise provided in this division, if the 169
amount of the drug involved exceeds five times the bulk amount 171
but does not exceed fifty times the bulk amount, trafficking in 172
drugs is a felony of the third degree, and there is a presumption 173
for a prison term for the offense. If the amount of the drug 174
involved is within that range and if the offense was committed in 175
the vicinity of a school or in the vicinity of a juvenile, 176
trafficking in drugs is a felony of the second degree, and there 177
5
is a presumption for a prison term for the offense. 178
(e) Except as otherwise provided in this division, if the 180
amount of the drug involved exceeds fifty times the bulk amount, 182
trafficking in drugs is a felony of the second degree, and the 183
court shall impose as a mandatory prison term one of the prison 184
terms prescribed for a felony of the second degree. If the 185
amount of the drug involved exceeds fifty times the bulk amount 186
and if the offense was committed in the vicinity of a school or 187
in the vicinity of a juvenile, trafficking in drugs is a felony 188
of the first degree, and the court shall impose as a mandatory 189
prison term one of the prison terms prescribed for a felony of 190
the first degree. 191
(3) If the drug involved in the violation is marihuana or 193
a compound, mixture, preparation, or substance containing 194
marihuana other than hashish, whoever violates division (A) of 196
this section is guilty of trafficking in marihuana. The penalty 197
for the offense shall be determined as follows: 198
(a) Except as otherwise provided in division (C)(3)(b), 201
(c), (d), (e), (f), or (g) of this section, trafficking in 202
marihuana is a felony of the fifth degree, and division (C) of 205
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 206
(b) Except as otherwise provided in division (C)(3)(c), 209
(d), (e), (f), or (g) of this section, if the offense was 211
committed in the vicinity of a school or in the vicinity of a 212
juvenile, trafficking in marihuana is a felony of the fourth 213
degree, and division (C) of section 2929.13 of the Revised Code 214
applies in determining whether to impose a prison term on the 215
offender.
(c) Except as otherwise provided in this division, if the 217
amount of the drug involved exceeds two hundred grams but does 219
not exceed one thousand grams, trafficking in marihuana is a 220
felony of the fourth degree, and division (C) of section 2929.13 221
of the Revised Code applies in determining whether to impose a 223
6
prison term on the offender. If the amount of the drug involved 224
is within that range and if the offense was committed in the 225
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 226
division (C) of section 2929.13 of the Revised Code applies in 227
determining whether to impose a prison term on the offender. 229
(d) Except as otherwise provided in this division, if the 231
amount of the drug involved exceeds one thousand grams but does 233
not exceed five thousand grams, trafficking in marihuana is a 234
felony of the third degree, and division (C) of section 2929.13 235
of the Revised Code applies in determining whether to impose a 237
prison term on the offender. If the amount of the drug involved 238
is within that range and if the offense was committed in the 239
vicinity of a school or in the vicinity of a juvenile, 240
trafficking in marihuana is a felony of the second degree, and 241
there is a presumption that a prison term shall be imposed for 242
the offense.
(e) Except as otherwise provided in this division, if the 244
amount of the drug involved exceeds five thousand grams but does 246
not exceed twenty thousand grams, trafficking in marihuana is a 247
felony of the third degree, and there is a presumption that a 248
prison term shall be imposed for the offense. If the amount of 249
the drug involved is within that range and if the offense was 250
committed in the vicinity of a school or in the vicinity of a 251
juvenile, trafficking in marihuana is a felony of the second 252
degree, and there is a presumption that a prison term shall be 253
imposed for the offense. 254
(f) Except as otherwise provided in this division, if the 256
amount of the drug involved exceeds twenty thousand grams, 258
trafficking in marihuana is a felony of the second degree, and 259
the court shall impose as a mandatory prison term the maximum 260
prison term prescribed for a felony of the second degree. If the 261
amount of the drug involved exceeds twenty thousand grams and if 262
the offense was committed in the vicinity of a school or in the 263
7
vicinity of a juvenile, trafficking in marihuana is a felony of 264
the first degree, and the court shall impose as a mandatory 265
prison term the maximum prison term prescribed for a felony of 266
the first degree. 267
(g) Except as otherwise provided in this division, if the 270
offense involves a gift of twenty grams or less of marihuana, 271
trafficking in marihuana is a minor misdemeanor upon a first 272
offense and a misdemeanor of the third degree upon a subsequent 273
offense. If the offense involves a gift of twenty grams or less 274
of marihuana and if the offense was committed in the vicinity of 275
a school or in the vicinity of a juvenile, trafficking in 276
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 278
compound, mixture, preparation, or substance containing cocaine, 279
whoever violates division (A) of this section is guilty of 281
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 282
(a) Except as otherwise provided in division (C)(4)(b), 285
(c), (d), (e), (f), or (g) of this section, trafficking in 286
cocaine is a felony of the fifth degree, and division (C) of 288
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 290
(b) Except as otherwise provided in division (C)(4)(c), 293
(d), (e), (f), or (g) of this section, if the offense was 294
committed in the vicinity of a school or in the vicinity of a 296
juvenile, trafficking in cocaine is a felony of the fourth 297
degree, and division (C) of section 2929.13 of the Revised Code 298
applies in determining whether to impose a prison term on the 300
offender.
(c) Except as otherwise provided in this division, if the 302
amount of the drug involved exceeds five grams but does not 303
exceed ten grams of cocaine that is not crack cocaine or exceeds 305
one gram but does not exceed five grams of crack cocaine, 307
trafficking in cocaine is a felony of the fourth degree, and 308
8
there is a presumption for a prison term for the offense. If the 309
amount of the drug involved is within one of those ranges and if 310
the offense was committed in the vicinity of a school or in the 311
vicinity of a juvenile, trafficking in cocaine is a felony of the 312
third degree, and there is a presumption for a prison term for 313
the offense.
(d) Except as otherwise provided in this division, if the 315
amount of the drug involved exceeds ten grams but does not exceed 316
one hundred grams of cocaine that is not crack cocaine or exceeds 318
five grams but does not exceed ten grams of crack cocaine, 319
trafficking in cocaine is a felony of the third degree, and the 320
court shall impose as a mandatory prison term one of the prison 321
terms prescribed for a felony of the third degree. If the amount 322
of the drug involved is within one of those ranges and if the 323
offense was committed in the vicinity of a school or in the 325
vicinity of a juvenile, trafficking in cocaine is a felony of the 328
second degree, and the court shall impose as a mandatory prison 329
term one of the prison terms prescribed for a felony of the 330
second degree.
(e) Except as otherwise provided in this division, if the 332
amount of the drug involved exceeds one hundred grams but does 333
not exceed five hundred grams of cocaine that is not crack 334
cocaine or exceeds ten grams but does not exceed twenty-five 336
grams of crack cocaine, trafficking in cocaine is a felony of the 338
second degree, and the court shall impose as a mandatory prison 339
term one of the prison terms prescribed for a felony of the 340
second degree. If the amount of the drug involved is within one 341
of those ranges and if the offense was committed in the vicinity 342
of a school or in the vicinity of a juvenile, trafficking in 344
cocaine is a felony of the first degree, and the court shall 346
impose as a mandatory prison term one of the prison terms 347
prescribed for a felony of the first degree. 348
(f) If the amount of the drug involved exceeds five 351
hundred grams but does not exceed one thousand grams of cocaine 352
9
that is not crack cocaine or exceeds twenty-five grams but does 353
not exceed one hundred grams of crack cocaine and regardless of 354
whether the offense was committed in the vicinity of a school or 355
in the vicinity of a juvenile, trafficking in cocaine is a felony 358
of the first degree, and the court shall impose as a mandatory 359
prison term one of the prison terms prescribed for a felony of 360
the first degree.
(g) If the amount of the drug involved exceeds one 363
thousand grams of cocaine that is not crack cocaine or exceeds 364
one hundred grams of crack cocaine and regardless of whether the 366
offense was committed in the vicinity of a school or in the 367
vicinity of a juvenile, trafficking in cocaine is a felony of the 368
first degree, and the court shall impose as a mandatory prison 369
term the maximum prison term prescribed for a felony of the first 370
degree and may impose an additional mandatory prison term 371
prescribed for a major drug offender under division (D)(3)(b) of 373
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 376
compound, mixture, preparation, or substance containing L.S.D., 377
whoever violates division (A) of this section is guilty of 378
trafficking in L.S.D. The penalty for the offense shall be 380
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 383
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 385
is a felony of the fifth degree, and division (C) of section 386
2929.13 of the Revised Code applies in determining whether to 388
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 391
(d), (e), (f), or (g) of this section, if the offense was 392
committed in the vicinity of a school or in the vicinity of a 393
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 395
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 396
(c) Except as otherwise provided in this division, if the 398
10
amount of the drug involved exceeds ten unit doses but does not 400
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 401
gram but does not exceed five grams of L.S.D. in a liquid 403
concentrate, liquid extract, or liquid distillate form, 405
trafficking in L.S.D. is a felony of the fourth degree, and there 408
is a presumption for a prison term for the offense. If the 409
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 410
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 412
third degree, and there is a presumption for a prison term for 413
the offense.
(d) Except as otherwise provided in this division, if the 415
amount of the drug involved exceeds fifty unit doses but does not 417
exceed two hundred fifty unit doses of L.S.D. in a solid form or 418
exceeds five grams but does not exceed twenty-five grams of 420
L.S.D. in a liquid concentrate, liquid extract, or liquid 422
distillate form, trafficking in L.S.D. is a felony of the third 425
degree, and the court shall impose as a mandatory prison term one 426
of the prison terms prescribed for a felony of the third degree. 427
If the amount of the drug involved is within that range and if 428
the offense was committed in the vicinity of a school or in the 429
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 431
second degree, and the court shall impose as a mandatory prison 432
term one of the prison terms prescribed for a felony of the 433
second degree.
(e) Except as otherwise provided in this division, if the 435
amount of the drug involved exceeds two hundred fifty unit doses 437
but does not exceed one thousand unit doses of L.S.D. in a solid 439
form or exceeds twenty-five grams but does not exceed one hundred 441
grams of L.S.D. in a liquid concentrate, liquid extract, or 443
liquid distillate form, trafficking in L.S.D. is a felony of the 445
second degree, and the court shall impose as a mandatory prison 446
term one of the prison terms prescribed for a felony of the 447
second degree. If the amount of the drug involved is within that 448
11
range and if the offense was committed in the vicinity of a 449
school or in the vicinity of a juvenile, trafficking in L.S.D. is 451
a felony of the first degree, and the court shall impose as a 452
mandatory prison term one of the prison terms prescribed for a 453
felony of the first degree.
(f) If the amount of the drug involved exceeds one 456
thousand unit doses but does not exceed five thousand unit doses 457
of L.S.D. in a solid form or exceeds one hundred grams but does 460
not exceed five hundred grams of L.S.D. in a liquid concentrate, 462
liquid extract, or liquid distillate form and regardless of 463
whether the offense was committed in the vicinity of a school or 464
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 465
of the first degree, and the court shall impose as a mandatory 466
prison term one of the prison terms prescribed for a felony of 467
the first degree. 468
(g) If the amount of the drug involved exceeds five 471
thousand unit doses of L.S.D. in a solid form or exceeds five 472
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 474
or liquid distillate form and regardless of whether the offense 477
was committed in the vicinity of a school or in the vicinity of a 478
juvenile, trafficking in L.S.D. is a felony of the first degree, 481
and the court shall impose as a mandatory prison term the maximum 482
prison term prescribed for a felony of the first degree and may 483
impose an additional mandatory prison term prescribed for a major 484
drug offender under division (D)(3)(b) of section 2929.14 of the 486
Revised Code.
(6) If the drug involved in the violation is heroin or a 488
compound, mixture, preparation, or substance containing heroin, 489
whoever violates division (A) of this section is guilty of 491
trafficking in heroin. The penalty for the offense shall be
determined as follows: 492
(a) Except as otherwise provided in division (C)(6)(b), 495
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 497
is a felony of the fifth degree, and division (C) of section 498
12
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 500
(b) Except as otherwise provided in division (C)(6)(c), 503
(d), (e), (f), or (g) of this section, if the offense was 504
committed in the vicinity of a school or in the vicinity of a 507
juvenile, trafficking in heroin is a felony of the fourth degree, 508
and division (C) of section 2929.13 of the Revised Code applies 510
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 512
amount of the drug involved exceeds one gram but does not exceed 514
five grams, trafficking in heroin is a felony of the fourth 515
degree, and there is a presumption for a prison term for the 516
offense. If the amount of the drug involved is within that range 517
and if the offense was committed in the vicinity of a school or 518
in the vicinity of a juvenile, trafficking in heroin is a felony 519
of the third degree, and there is a presumption for a prison term 520
for the offense. 521
(d) Except as otherwise provided in this division, if the 523
amount of the drug involved exceeds five grams but does not 525
exceed ten grams, trafficking in heroin is a felony of the third 526
degree, and there is a presumption for a prison term for the 527
offense. If the amount of the drug involved is within that range 528
and if the offense was committed in the vicinity of a school or 529
in the vicinity of a juvenile, trafficking in heroin is a felony 530
of the second degree, and there is a presumption for a prison 531
term for the offense. 532
(e) Except as otherwise provided in this division, if the 534
amount of the drug involved exceeds ten grams but does not exceed 536
fifty grams, trafficking in heroin is a felony of the second 537
degree, and the court shall impose as a mandatory prison term one 538
of the prison terms prescribed for a felony of the second degree. 539
If the amount of the drug involved is within that range and if 540
the offense was committed in the vicinity of a school or in the 541
vicinity of a juvenile, trafficking in heroin is a felony of the 542
13
first degree, and the court shall impose as a mandatory prison 543
term one of the prison terms prescribed for a felony of the first 544
degree. 545
(f) If the amount of the drug involved exceeds fifty grams 548
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or 549
in the vicinity of a juvenile, trafficking in heroin is a felony 551
of the first degree, and the court shall impose as a mandatory 552
prison term one of the prison terms prescribed for a felony of 553
the first degree.
(g) If the amount of the drug involved exceeds two hundred 556
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 557
trafficking in heroin is a felony of the first degree, and the 560
court shall impose as a mandatory prison term the maximum prison 561
term prescribed for a felony of the first degree and may impose 562
an additional mandatory prison term prescribed for a major drug 563
offender under division (D)(3)(b) of section 2929.14 of the 564
Revised Code. 565
(7) If the drug involved in the violation is hashish or a 567
compound, mixture, preparation, or substance containing hashish, 568
whoever violates division (A) of this section is guilty of 570
trafficking in hashish. The penalty for the offense shall be
determined as follows: 571
(a) Except as otherwise provided in division (C)(7)(b), 574
(c), (d), (e), or (f) of this section, trafficking in hashish is 576
a felony of the fifth degree, and division (C) of section 2929.13 577
of the Revised Code applies in determining whether to impose a 579
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 582
(d), (e), or (f) of this section, if the offense was committed in 583
the vicinity of a school or in the vicinity of a juvenile, 585
trafficking in hashish is a felony of the fourth degree, and 586
division (C) of section 2929.13 of the Revised Code applies in 587
14
determining whether to impose a prison term on the offender. 588
(c) Except as otherwise provided in this division, if the 590
amount of the drug involved exceeds ten grams but does not exceed 591
fifty grams of hashish in a solid form or exceeds two grams but 592
does not exceed ten grams of hashish in a liquid concentrate, 593
liquid extract, or liquid distillate form, trafficking in hashish 594
is a felony of the fourth degree, and division (C) of section 595
2929.13 of the Revised Code applies in determining whether to 596
impose a prison term on the offender. If the amount of the drug 597
involved is within that range and if the offense was committed in 598
the vicinity of a school or in the vicinity of a juvenile, 599
trafficking in hashish is a felony of the third degree, and 600
division (C) of section 2929.13 of the Revised Code applies in 601
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 603
amount of the drug involved exceeds fifty grams but does not 604
exceed two hundred fifty grams of hashish in a solid form or 605
exceeds ten grams but does not exceed fifty grams of hashish in a 606
liquid concentrate, liquid extract, or liquid distillate form, 607
trafficking in hashish is a felony of the third degree, and 609
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 610
the amount of the drug involved is within that range and if the 612
offense was committed in the vicinity of a school or in the 613
vicinity of a juvenile, trafficking in hashish is a felony of the 614
second degree, and there is a presumption that a prison term 615
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 617
amount of the drug involved exceeds two hundred fifty grams but 618
does not exceed one thousand grams of hashish in a solid form or 619
exceeds fifty grams but does not exceed two hundred grams of 620
hashish in a liquid concentrate, liquid extract, or liquid 622
distillate form, trafficking in hashish is a felony of the third 623
degree, and there is a presumption that a prison term shall be
15
imposed for the offense. If the amount of the drug involved is 624
within that range and if the offense was committed in the 625
vicinity of a school or in the vicinity of a juvenile, 626
trafficking in hashish is a felony of the second degree, and 627
there is a presumption that a prison term shall be imposed for 628
the offense.
(f) Except as otherwise provided in this division, if the 630
amount of the drug involved exceeds one thousand grams of hashish 632
in a solid form or exceeds two hundred grams of hashish in a 633
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 635
court shall impose as a mandatory prison term the maximum prison 636
term prescribed for a felony of the second degree. If the amount 637
of the drug involved exceeds one thousand grams of hashish in a 639
solid form or exceeds two hundred grams of hashish in a liquid 640
concentrate, liquid extract, or liquid distillate form and if the 641
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 643
first degree, and the court shall impose as a mandatory prison 644
term the maximum prison term prescribed for a felony of the first 645
degree.
(D) In addition to any prison term authorized or required 648
by division (C) of this section and sections 2929.13 and 2929.14 649
of the Revised Code, and in addition to any other sanction 650
imposed for the offense under this section or sections 2929.11 to 651
2929.18 of the Revised Code, the court that sentences an offender 652
who is convicted of or pleads guilty to a violation of division 653
(A) of this section shall do all of the following that are 655
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 658
felony of the first, second, or third degree, the court shall 659
impose upon the offender the mandatory fine specified for the 660
offense under division (B)(1) of section 2929.18 of the Revised 661
Code unless, as specified in that division, the court determines 662
16
that the offender is indigent. Except as otherwise provided in 663
division (H)(1) of this section, a mandatory fine or any other 664
fine imposed for a violation of this section is subject to 665
division (F) of this section. If a person is charged with a 666
violation of this section that is a felony of the first, second, 667
or third degree, posts bail, and forfeits the bail, the clerk of 668
the court shall pay the forfeited bail pursuant to divisions 670
(D)(1) and (F) of this section, as if the forfeited bail was a 671
fine imposed for a violation of this section. If any amount of 672
the forfeited bail remains after that payment and if a fine is 673
imposed under division (H)(1) of this section, the clerk of the 674
court shall pay the remaining amount of the forfeited bail 675
pursuant to divisions (H)(2) and (3) of this section, as if that 676
remaining amount was a fine imposed under division (H)(1) of this
section. 677
(2) The court shall revoke or suspend the driver's or 679
commercial driver's license or permit of the offender in 680
accordance with division (G) of this section. 681
(3) If the offender is a professionally licensed person or 684
a person who has been admitted to the bar by order of the supreme 685
court in compliance with its prescribed and published rules, the 686
court forthwith shall comply with section 2925.38 of the Revised 687
Code.
(E) When a person is charged with the sale of or offer to 690
sell a bulk amount or a multiple of a bulk amount of a controlled 691
substance, the jury, or the court trying the accused, shall 693
determine the amount of the controlled substance involved at the 694
time of the offense and, if a guilty verdict is returned, shall 695
return the findings as part of the verdict. In any such case, it 696
is unnecessary to find and return the exact amount of the 697
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 698
controlled substance involved is the requisite amount, or that 700
the amount of the controlled substance involved is less than the 701
17
requisite amount. 702
(F)(1) Notwithstanding any contrary provision of section 704
3719.21 of the Revised Code and except as provided in division 705
(H) of this section, the clerk of the court shall pay any 706
mandatory fine imposed pursuant to division (D)(1) of this 707
section and any fine other than a mandatory fine that is imposed 708
for a violation of this section pursuant to division (A) or 709
(B)(5) of section 2929.18 of the Revised Code to the county, 711
township, municipal corporation, park district, as created 712
pursuant to section 511.18 or 1545.04 of the Revised Code, or 713
state law enforcement agencies in this state that primarily were 714
responsible for or involved in making the arrest of, and in 715
prosecuting, the offender. However, the clerk shall not pay a 716
mandatory fine so imposed to a law enforcement agency unless the 717
agency has adopted a written internal control policy under 718
division (F)(2) of this section that addresses the use of the 720
fine moneys that it receives. Each agency shall use the 722
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 724
written internal control policy adopted by the recipient agency 725
under division (F)(2) of this section. 726
(2)(a) Prior to receiving any fine moneys under division 728
(F)(1) of this section or division (B)(5) of section 2925.42 of 729
the Revised Code, a law enforcement agency shall adopt a written 730
internal control policy that addresses the agency's use and 731
disposition of all fine moneys so received and that provides for 732
the keeping of detailed financial records of the receipts of 733
those fine moneys, the general types of expenditures made out of 734
those fine moneys, and the specific amount of each general type 735
of expenditure. The policy shall not provide for or permit the 736
identification of any specific expenditure that is made in an 737
ongoing investigation. All financial records of the receipts of 738
those fine moneys, the general types of expenditures made out of 739
those fine moneys, and the specific amount of each general type 740
18
of expenditure by an agency are public records open for 741
inspection under section 149.43 of the Revised Code. 742
Additionally, a written internal control policy adopted under 743
this division is such a public record, and the agency that 744
adopted it shall comply with it. 745
(b) Each law enforcement agency that receives in any 747
calendar year any fine moneys under division (F)(1) of this 748
section or division (B)(5) of section 2925.42 of the Revised Code 749
shall prepare a report covering the calendar year that cumulates 750
all of the information contained in all of the public financial 751
records kept by the agency pursuant to division (F)(2)(a) of this 752
section for that calendar year, and shall send a copy of the 753
cumulative report, no later than the first day of March in the 754
calendar year following the calendar year covered by the report, 755
to the attorney general. Each report received by the attorney 756
general is a public record open for inspection under section 757
149.43 of the Revised Code. Not later than the fifteenth day of 759
April in the calendar year in which the reports are received, the 760
attorney general shall send to the president of the senate and 762
the speaker of the house of representatives a written 763
notification that does all of the following:
(i) Indicates that the attorney general has received from 765
law enforcement agencies reports of the type described in this 766
division that cover the previous calendar year and indicates that 769
the reports were received under this division; 770
(ii) Indicates that the reports are open for inspection 773
under section 149.43 of the Revised Code; 774
(iii) Indicates that the attorney general will provide a 777
copy of any or all of the reports to the president of the senate 778
or the speaker of the house of representatives upon request. 779
(3) As used in division (F) of this section: 782
(a) "Law enforcement agencies" includes, but is not 784
limited to, the state board of pharmacy and the office of a 785
prosecutor. 786
19
(b) "Prosecutor" has the same meaning as in section 788
2935.01 of the Revised Code. 789
(G) When required under division (D)(2) of this section, 793
the court either shall revoke or, if it does not revoke, shall 794
suspend for not less than six months or more than five years, the 795
driver's or commercial driver's license or permit of any person 797
who is convicted of or pleads guilty to a violation of this 799
section that is a felony of the first degree and shall suspend 800
for not less than six months or more than five years the driver's 802
or commercial driver's license or permit of any person who is 804
convicted of or pleads guilty to any other violation of this 805
section. If an offender's driver's or commercial driver's 806
license or permit is revoked pursuant to this division, the 808
offender, at any time after the expiration of two years from the 809
day on which the offender's sentence was imposed or from the day 810
on which the offender finally was released from a prison term 813
under the sentence, whichever is later, may file a motion with 814
the sentencing court requesting termination of the revocation; 815
upon the filing of such a motion and the court's finding of good 816
cause for the termination, the court may terminate the 817
revocation.
(H)(1) In addition to any prison term authorized or 820
required by division (C) of this section and sections 2929.13 and 821
2929.14 of the Revised Code, in addition to any other penalty or 823
sanction imposed for the offense under this section or sections 824
2929.11 to 2929.181 of the Revised Code, and in addition to the 825
forfeiture of property in connection with the offense as 826
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 828
the court that sentences an offender who is convicted of or 829
pleads guilty to a violation of division (A) of this section may 830
impose upon the offender an additional fine specified for the 831
offense in division (B)(4) of section 2929.18 of the Revised 833
Code. A fine imposed under division (H)(1) of this section is 835
not subject to division (F) of this section and shall be used 836
20
solely for the support of one or more eligible alcohol and drug 837
addiction programs in accordance with divisions (H)(2) and (3) of 838
this section.
(2) The court that imposes a fine under division (H)(1) of 841
this section shall specify in the judgment that imposes the fine 842
one or more eligible alcohol and drug addiction programs for the 843
support of which the fine money is to be used. No alcohol and 844
drug addiction program shall receive or use money paid or 845
collected in satisfaction of a fine imposed under division (H)(1) 847
of this section unless the program is specified in the judgment 848
that imposes the fine. No alcohol and drug addiction program 849
shall be specified in the judgment unless the program is an 850
eligible alcohol and drug addiction program and, except as 851
otherwise provided in division (H)(2) of this section, unless the 853
program is located in the county in which the court that imposes 854
the fine is located or in a county that is immediately contiguous 855
to the county in which that court is located. If no eligible 856
alcohol and drug addiction program is located in any of those 857
counties, the judgment may specify an eligible alcohol and drug 858
addiction program that is located anywhere within this state. 859
(3) Notwithstanding any contrary provision of section 861
3719.21 of the Revised Code, the clerk of the court shall pay any 863
fine imposed under division (H)(1) of this section to the 864
eligible alcohol and drug addiction program specified pursuant to 865
division (H)(2) of this section in the judgment. The eligible 866
alcohol and drug addiction program that receives the fine moneys 867
shall use the moneys only for the alcohol and drug addiction 868
services identified in the application for certification under 869
section 3793.06 of the Revised Code or in the application for a 870
license under section 3793.11 of the Revised Code filed with the 872
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 873
(4) Each alcohol and drug addiction program that receives 875
in a calendar year any fine moneys under division (H)(3) of this 877
21
section shall file an annual report covering that calendar year 878
with the court of common pleas and the board of county 879
commissioners of the county in which the program is located, with 880
the court of common pleas and the board of county commissioners 881
of each county from which the program received the moneys if that 882
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 883
addiction program shall file the report no later than the first 884
day of March in the calendar year following the calendar year in 886
which the program received the fine moneys. The report shall 887
include statistics on the number of persons served by the alcohol 888
and drug addiction program, identify the types of alcohol and 889
drug addiction services provided to those persons, and include a 890
specific accounting of the purposes for which the fine moneys 891
received were used. No information contained in the report shall 892
identify, or enable a person to determine the identity of, any 893
person served by the alcohol and drug addiction program. Each 894
report received by a court of common pleas, a board of county 895
commissioners, or the attorney general is a public record open 896
for inspection under section 149.43 of the Revised Code. 897
(5) As used in divisions (H)(1) to (5) of this section: 899
(a) "Alcohol and drug addiction program" and "alcohol and 902
drug addiction services" have the same meanings as in section 903
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 906
alcohol and drug addiction program that is certified under 907
section 3793.06 of the Revised Code or licensed under section 908
3793.11 of the Revised Code by the department of alcohol and drug 910
addiction services.
Sec. 2929.13. (A) Except as provided in division (E), 920
(F), or (G) of this section and unless a specific sanction is 921
required to be imposed or is precluded from being imposed 922
pursuant to law, a court that imposes a sentence upon an offender 923
for a felony may impose any sanction or combination of sanctions 924
22
on the offender that are provided in sections 2929.14 to 2929.18 925
of the Revised Code. The sentence shall not impose an 926
unnecessary burden on state or local government resources. 927
If the offender is eligible to be sentenced to community 929
control sanctions, the court shall consider the appropriateness 931
of imposing a financial sanction pursuant to section 2929.18 of 932
the Revised Code or a sanction of community service pursuant to 934
section 2929.17 of the Revised Code as the sole sanction for the 935
offense. Except as otherwise provided in this division, if the 936
court is required to impose a mandatory prison term for the 937
offense for which sentence is being imposed, the court also may 938
impose a financial sanction pursuant to section 2929.18 of the 939
Revised Code but may not impose any additional sanction or 940
combination of sanctions under section 2929.16 or 2929.17 of the 941
Revised Code. 942
If the offender is being sentenced for a fourth degree 944
felony OMVI offense, in addition to the mandatory term of local 945
incarceration or the mandatory prison term required for the 947
offense by division (G)(1) or (2) of this section, the court 949
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 952
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 954
offender be sentenced to a mandatory term of local incarceration, 955
an additional community control sanction or combination of 957
community control sanctions under section 2929.16 or 2929.17 of 958
the Revised Code; 959
(2) If division (G)(2) of this section requires that the 961
offender be sentenced to a mandatory prison term, an additional 962
prison term as described in division (D)(4) of section 2929.14 of 963
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 966
(G) of this section, in sentencing an offender for a felony of 967
the fourth or fifth degree, the sentencing court shall determine
23
whether any of the following apply: 969
(a) In committing the offense, the offender caused 971
physical harm to a person. 972
(b) In committing the offense, the offender attempted to 975
cause or made an actual threat of physical harm to a person with 976
a deadly weapon.
(c) In committing the offense, the offender attempted to 979
cause or made an actual threat of physical harm to a person, and 980
the offender previously was convicted of an offense that caused 981
physical harm to a person.
(d) The offender held a public office or position of trust 984
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 985
or to bring those committing it to justice; or the offender's 986
professional reputation or position facilitated the offense or 987
was likely to influence the future conduct of others. 988
(e) The offender committed the offense for hire or as part 990
of an organized criminal activity. 991
(f) The offense is a sex offense that is a fourth or fifth 994
degree felony violation of section 2907.03, 2907.04, 2907.05, 995
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 996
Revised Code.
(g) The offender previously served a prison term. 998
(h) The offender previously was subject to a community 1,000
control sanction, and the offender committed another offense 1,002
while under the sanction.
(2)(a) If the court makes a finding described in division 1,005
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 1,006
and if the court, after considering the factors set forth in 1,007
section 2929.12 of the Revised Code, finds that a prison term is 1,009
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 1,011
offender is not amenable to an available community control 1,012
sanction, the court shall impose a prison term upon the offender. 1,013
24
(b) Except as provided in division (E), (F), or (G) of 1,015
this section, if the court does not make a finding described in 1,017
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 1,018
section and if the court, after considering the factors set forth 1,019
in section 2929.12 of the Revised Code, finds that a community 1,021
control sanction or combination of community control sanctions is 1,023
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 1,026
impose a community control sanction or combination of community 1,027
control sanctions upon the offender. 1,028
(C) Except as provided in division (E) or (F) of this 1,031
section, in determining whether to impose a prison term as a 1,032
sanction for a felony of the third degree or a felony drug 1,033
offense that is a violation of a provision of Chapter 2925. of 1,035
the Revised Code and that is specified as being subject to this 1,038
division for purposes of sentencing, the sentencing court shall 1,039
comply with the purposes and principles of sentencing under 1,040
section 2929.11 of the Revised Code and with section 2929.12 of 1,043
the Revised Code.
(D) Except as provided in division (E) or (F) of this 1,046
section, for a felony of the first or second degree and for a 1,047
felony drug offense that is a violation of any provision of 1,048
Chapter 2925., 3719., or 4729. of the Revised Code for which a 1,049
presumption in favor of a prison term is specified as being 1,050
applicable, it is presumed that a prison term is necessary in 1,051
order to comply with the purposes and principles of sentencing 1,052
under section 2929.11 of the Revised Code. Notwithstanding the 1,053
presumption established under this division, the sentencing court 1,054
may impose a community control sanction or a combination of 1,055
community control sanctions instead of a prison term on an 1,056
offender for a felony of the first or second degree or for a 1,057
felony drug offense that is a violation of any provision of 1,058
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 1,059
25
applicable if it makes both of the following findings: 1,061
(1) A community control sanction or a combination of 1,063
community control sanctions would adequately punish the offender 1,065
and protect the public from future crime, because the applicable 1,066
factors under section 2929.12 of the Revised Code indicating a 1,068
lesser likelihood of recidivism outweigh the applicable factors 1,070
under that section indicating a greater likelihood of recidivism. 1,072
(2) A community control sanction or a combination of 1,074
community control sanctions would not demean the seriousness of 1,076
the offense, because one or more factors under section 2929.12 of 1,077
the Revised Code that indicate that the offender's conduct was 1,078
less serious than conduct normally constituting the offense are 1,079
applicable, and they outweigh the applicable factors under that 1,080
section that indicate that the offender's conduct was more 1,081
serious than conduct normally constituting the offense. 1,082
(E)(1) Except as provided in division (F) of this section, 1,085
for any drug offense that is a violation of any provision of 1,086
Chapter 2925. of the Revised Code and that is a felony of the 1,087
third, fourth, or fifth degree, the applicability of a 1,088
presumption under division (D) of this section in favor of a 1,089
prison term or of division (B) or (C) of this section in 1,090
determining whether to impose a prison term for the offense shall 1,092
be determined as specified in section 2925.02, 2925.03, 2925.04, 1,093
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 1,094
2925.36, or 2925.37 of the Revised Code, whichever is applicable 1,097
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 1,099
to a felony drug offense in violation of a provision of Chapter 1,100
2925., 3719., or 4729. of the Revised Code violates the 1,101
conditions of a community control sanction imposed for the 1,102
offense solely by possessing or using a controlled substance and 1,104
if the offender has not failed to meet the conditions of any drug 1,105
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 1,106
26
punishment for the violation of the sanction, shall order that 1,107
the offender participate in a drug treatment program or in 1,108
alcoholics anonymous, narcotics anonymous, or a similar program 1,109
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 1,110
forth in section 2929.11 of the Revised Code. If the court 1,111
determines that an order of that nature would not be consistent 1,112
with those purposes and principles or if the offender violated 1,113
the conditions of a drug treatment program in which the offender 1,114
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 1,115
sanction, including a prison term. 1,116
(F) Notwithstanding divisions (A) to (E) of this section, 1,119
the court shall impose a prison term or terms under sections 1,120
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 1,121
Revised Code and except as specifically provided in section 1,122
2929.20 of the Revised Code or when parole is authorized for the 1,123
offense under section 2967.13 of the Revised Code, shall not 1,124
reduce the terms pursuant to section 2929.20, section 2967.193, 1,125
or any other provision of Chapter 2967. or Chapter 5120. of the 1,127
Revised Code for any of the following offenses: 1,128
(1) Aggravated murder when death is not imposed or murder; 1,130
(2) Any rape, regardless of whether force was involved and 1,132
regardless of the age of the victim, or an attempt to commit rape 1,133
by force when the victim is under thirteen years of age; 1,136
(3) Gross sexual imposition or sexual battery, if the 1,138
victim is under thirteen years of age, if the offender previously 1,140
was convicted of or pleaded guilty to rape, the former offense of 1,141
felonious sexual penetration, gross sexual imposition, or sexual 1,142
battery, and if the victim of the previous offense was under 1,144
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 1,147
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 1,148
27
(5) A first, second, or third degree felony drug offense 1,151
for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 1,152
4729.99 of the Revised Code, whichever is applicable regarding 1,154
the violation, requires the imposition of a mandatory prison 1,155
term;
(6) Any offense that is a first or second degree felony 1,157
and that is not set forth in division (F)(1), (2), (3), or (4) of 1,159
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 1,161
degree felony, or an offense under an existing or former law of 1,162
this state, another state, or the United States that is or was 1,163
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 1,165
of the Revised Code, that is a felony, if the offender had a 1,166
firearm on or about the offender's person or under the offender's 1,167
control while committing the felony, with respect to a portion of 1,168
the sentence imposed pursuant to division (D)(1)(a) of section 1,170
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 1,172
the Revised Code when the most serious offense in the pattern of 1,174
corrupt activity that is the basis of the offense is a felony of 1,175
the first degree;
(9) Any sexually violent offense for which the offender 1,177
also is convicted of or pleads guilty to a sexually violent 1,178
predator specification that was included in the indictment, count 1,179
in the indictment, or information charging the sexually violent 1,180
offense;
(10) A violation of division (A)(1) or (2) of section 1,182
2921.36 of the Revised Code, or a violation of division (C) of 1,183
that section involving an item listed in division (A)(1) or (2) 1,184
of that section, if the offender is an officer or employee of the 1,185
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 1,188
28
if an offender is being sentenced for a fourth degree felony OMVI 1,189
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 1,190
accordance with the following: 1,191
(1) Except as provided in division (G)(2) of this section, 1,193
the court shall impose upon the offender a mandatory term of 1,194
local incarceration of sixty days as specified in division (A)(4) 1,195
of section 4511.99 of the Revised Code and shall not reduce the 1,196
term pursuant to section 2929.20, 2967.193, or any other 1,197
provision of the Revised Code. The court that imposes a 1,198
mandatory term of local incarceration under this division shall 1,199
specify whether the term is to be served in a jail, a 1,200
community-based correctional facility, a halfway house, or an 1,201
alternative residential facility, and the offender shall serve 1,202
the term in the type of facility specified by the court. The 1,203
court shall not sentence the offender to a prison term and shall 1,204
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 1,205
incarceration imposed under division (G)(1) of this section is 1,206
not subject to extension under section 2967.11 of the Revised 1,207
Code, to a period of post-release control under section 2967.28 1,208
of the Revised Code, or to any other Revised Code provision that 1,209
pertains to a prison term.
(2) If the offender previously has been sentenced to a 1,211
mandatory term of local incarceration pursuant to division (G)(1) 1,212
of this section for a fourth degree felony OMVI offense, the 1,213
court shall impose upon the offender a mandatory prison term of 1,214
sixty days as specified in division (A)(4) of section 4511.99 of 1,215
the Revised Code and shall not reduce the term pursuant to 1,216
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 1,217
to a mandatory term of local incarceration pursuant to division 1,218
(G)(1) of this section for a fourth degree felony OMVI offense be 1,219
sentenced to another mandatory term of local incarceration under 1,220
29
that division for a fourth degree felony OMVI offense. The court 1,221
shall not sentence the offender to a community control sanction 1,222
under section 2929.16 or 2929.17 of the Revised Code. The 1,223
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 1,224
intensive program prison established pursuant to section 5120.033 1,225
of the Revised Code if the department gave the sentencing judge 1,226
prior notice of its intent to place the offender in an intensive 1,227
program prison established under that section and if the judge 1,228
did not notify the department that the judge disapproved the 1,229
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 1,230
that is privately operated and managed by a contractor pursuant 1,231
to a contract entered into under section 9.06 of the Revised 1,232
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 1,234
make a reasonable effort to ensure that a sufficient number of 1,235
offenders sentenced to a mandatory prison term under this 1,236
division are placed in the privately operated and managed prison 1,237
so that the privately operated and managed prison has full 1,238
occupancy.
(b) Unless the privately operated and managed prison has 1,240
full occupancy, the department of rehabilitation and correction 1,241
shall not place any offender sentenced to a mandatory prison term 1,242
under this division in any intensive program prison established 1,243
pursuant to section 5120.033 of the Revised Code other than the 1,245
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 1,248
oriented offense committed on or after January 1, 1997, the judge 1,249
shall require the offender to submit to a DNA specimen collection 1,251
procedure pursuant to section 2901.07 of the Revised Code if 1,253
either of the following applies:
(1) The offense was a sexually violent offense, and the 1,255
offender also was convicted of or pleaded guilty to a sexually 1,256
30
violent predator specification that was included in the 1,257
indictment, count in the indictment, or information charging the 1,258
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 1,260
offense determines pursuant to division (B) of section 2950.09 of 1,261
the Revised Code that the offender is a sexual predator. 1,262
(I) If an offender is being sentenced for a sexually 1,265
oriented offense committed on or after January 1, 1997, the judge 1,266
shall include in the sentence a summary of the offender's duty to 1,268
register pursuant to section 2950.04 of the Revised Code, the 1,269
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 1,270
section 2950.05 of the Revised Code, the offender's duty to 1,271
periodically verify the offender's current residence address 1,272
pursuant to section 2950.06 of the Revised Code, and the duration 1,273
of the duties. The judge shall inform the offender, at the time 1,274
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 1,276
Code, shall perform the duties specified in that section. 1,277
Sec. 2929.18. (A) Except as otherwise provided in this 1,286
division and in addition to imposing court costs pursuant to 1,287
section 2947.23 of the Revised Code, the court imposing a 1,288
sentence upon an offender for a felony may sentence the offender 1,289
to any financial sanction or combination of financial sanctions 1,291
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 1,292
offender a fine in accordance with that section. If the offender 1,293
is sentenced to a sanction of confinement pursuant to section 1,294
2929.14 or 2929.16 of the Revised Code that is to be served in a 1,295
facility operated by a board of county commissioners, a 1,296
legislative authority of a municipal corporation, or another 1,297
governmental entity, the court imposing sentence upon an offender 1,298
for a felony shall comply with division (A)(4)(b) of this section 1,299
in determining whether to sentence the offender to a financial 1,300
31
sanction described in division (A)(4)(a) of this section. 1,301
Financial sanctions that may be imposed pursuant to this section 1,302
include, but are not limited to, the following: 1,303
(1) Restitution by the offender to the victim of the 1,305
offender's crime or any survivor of the victim, in an amount 1,306
based on the victim's economic loss. The court shall order that 1,307
the restitution be made to the adult probation department that 1,308
serves the county on behalf of the victim, to the clerk of 1,309
courts, or to another agency designated by the court, except that 1,310
it may include a requirement that reimbursement be made to third 1,311
parties for amounts paid to or on behalf of the victim or any 1,312
survivor of the victim for economic loss resulting from the 1,313
offense. If reimbursement to third parties is required, the 1,314
reimbursement shall be made to any governmental agency to repay 1,315
any amounts paid by the agency to or on behalf of the victim or 1,316
any survivor of the victim for economic loss resulting from the 1,317
offense before any reimbursement is made to any person other than 1,318
a governmental agency. If no governmental agency incurred 1,319
expenses for economic loss of the victim or any survivor of the 1,320
victim resulting from the offense, the reimbursement shall be 1,321
made to any person other than a governmental agency to repay 1,322
amounts paid by that person to or on behalf of the victim or any 1,323
survivor of the victim for economic loss of the victim resulting 1,325
from the offense. The court shall not require an offender to 1,326
repay an insurance company for any amounts the company paid on 1,327
behalf of the offender pursuant to a policy of insurance. At 1,328
sentencing, the court shall determine the amount of restitution 1,330
to be made by the offender. All restitution payments shall be 1,331
credited against any recovery of economic loss in a civil action 1,332
brought by the victim or any survivor of the victim against the 1,333
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 1,335
this section, a fine payable by the offender to the state, to a 1,336
political subdivision, or as described in division (B)(2) of this 1,338
32
section to one or more law enforcement agencies, with the amount 1,339
of the fine based on a standard percentage of the offender's 1,340
daily income over a period of time determined by the court and 1,341
based upon the seriousness of the offense. A fine ordered under 1,342
this division shall not exceed the statutory fine amount 1,343
authorized for the level of the offense under division (A)(3) of 1,344
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 1,346
this section, a fine payable by the offender to the state, to a 1,347
political subdivision when appropriate for a felony, or as 1,348
described in division (B)(2) of this section to one or more law 1,350
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 1,353
thousand dollars;
(b) For a felony of the second degree, not more than 1,356
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 1,359
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,362
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,365
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,368
reimbursement by the offender of any or all of the costs of 1,370
sanctions incurred by the government, including the following: 1,371
(i) All or part of the costs of implementing any community 1,374
control sanction;
(ii) All or part of the costs of confinement under a 1,377
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,378
Revised Code, provided that the amount of reimbursement ordered 1,379
under this division shall not exceed ten thousand dollars or the 1,380
total amount of reimbursement the offender is able to pay as 1,381
determined at a hearing, whichever amount is greater; 1,382
(b) If the offender is sentenced to a sanction of 1,384
33
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,385
Code that is to be served in a facility operated by a board of 1,387
county commissioners, a legislative authority of a municipal 1,388
corporation, or another local governmental entity, one of the
following applies: 1,389
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,391
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 1,392
Revised Code, the board, legislative authority, or other local 1,393
governmental entity requires prisoners convicted of an offense 1,394
other than a minor misdemeanor to reimburse the county, municipal 1,395
corporation, or other entity for its expenses incurred by reason 1,396
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 1,397
the offender to reimburse the county, municipal corporation, or 1,398
other local governmental entity for the cost of the confinement. 1,399
In addition, the court may impose any other financial sanction 1,400
under this section.
(ii) If, pursuant to any section identified in division 1,402
(A)(4)(b)(i) of this section, the board, legislative authority, 1,404
or other local governmental entity has adopted a resolution or 1,406
ordinance specifying that prisoners convicted of felonies are not 1,407
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,409
the prisoner's confinement, the court shall not impose a 1,410
financial sanction under division (A)(4)(a) of this section that 1,411
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 1,412
the confinement, but the court may impose any other financial 1,414
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,416
of this section applies, the court may impose, but is not 1,417
required to impose, any financial sanction under this section. 1,418
(c) Reimbursement by the offender for costs pursuant to 1,421
section 2929.28 of the Revised Code.
34
(B)(1) For a first, second, or third degree felony 1,424
violation of any provision of Chapter 2925., 3719., or 4729. of 1,425
the Revised Code, the sentencing court shall impose upon the 1,426
offender a mandatory fine of at least one-half of, but not more 1,427
than, the maximum statutory fine amount authorized for the level 1,428
of the offense pursuant to division (A)(3) of this section. If 1,429
an offender alleges in an affidavit filed with the court prior to 1,431
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,432
indigent person and is unable to pay the mandatory fine described 1,433
in this division, the court shall not impose the mandatory fine 1,434
upon the offender.
(2) Any mandatory fine imposed upon an offender under 1,436
division (B)(1) of this section and any fine imposed upon an 1,438
offender under division (A)(2) or (3) of this section for any 1,439
fourth or fifth degree felony violation of any provision of 1,440
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,441
to law enforcement agencies pursuant to division (F) of section 1,442
2925.03 of the Revised Code. 1,443
(3) For a fourth degree felony OMVI offense, the 1,447
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99 of 1,449
the Revised Code. The mandatory fine so imposed shall be 1,450
disbursed as provided in division (A)(4) of section 4511.99 of 1,452
the Revised Code. 1,453
(4) Notwithstanding any fine otherwise authorized or 1,456
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,457
this section or section 2929.31 of the Revised Code for a 1,458
violation of section 2925.03 or 2925.07 of the Revised Code, in 1,459
addition to any penalty or sanction imposed for that offense 1,460
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 1,461
of the Revised Code and in addition to the forfeiture of property 1,463
in connection with the offense as prescribed in sections 2925.42 1,464
to 2925.45 of the Revised Code, the court that sentences an 1,466
35
offender for a violation of section 2925.03 or 2925.07 of the 1,467
Revised Code may impose upon the offender a fine in addition to 1,468
any fine imposed under division (A)(2) or (3) of this section and 1,470
in addition to any mandatory fine imposed under division (B)(1) 1,471
of this section. The fine imposed under division (B)(4) of this 1,472
section shall be used as provided in division (H) of section 1,473
2925.03 of the Revised Code. A fine imposed under division 1,474
(B)(4) of this section shall not exceed whichever of the 1,475
following is applicable:
(a) The total value of any personal or real property in 1,478
which the offender has an interest and that was used in the 1,479
course of, intended for use in the course of, derived from, or 1,480
realized through conduct in violation of section 2925.03 or 1,481
2925.07 of the Revised Code, including any property that 1,482
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 1,485
type described in division (B)(4)(a) of this section or if it is 1,486
not possible to ascertain whether the offender has an interest in 1,488
any property of that type in which the offender may have an 1,489
interest, the amount of the mandatory fine for the offense 1,490
imposed under division (B)(1) of this section or, if no mandatory 1,491
fine is imposed under division (B)(1) of this section, the amount 1,492
of the fine authorized for the level of the offense imposed under 1,494
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,497
section, the court shall determine whether the offender has an 1,498
interest in any property of the type described in division 1,499
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,501
or (7) of this section, a fine that is authorized and imposed 1,502
under division (B)(4) of this section does not limit or affect 1,504
the imposition of the penalties and sanctions for a violation of 1,505
section 2925.03 or 2925.07 of the Revised Code prescribed under 1,506
those sections or sections 2929.11 to 2929.18 of the Revised Code 1,509
and does not limit or affect a forfeiture of property in 1,510
36
connection with the offense as prescribed in sections 2925.42 to 1,511
2925.45 of the Revised Code. 1,512
(6) If the sum total of a mandatory fine amount imposed 1,514
for a first, second, or third degree felony violation of section 1,515
2925.03 or a third degree felony violation of section 2925.07 of 1,517
the Revised Code under division (B)(1) of this section plus the 1,518
amount of any fine imposed under division (B)(4) of this section 1,520
does not exceed the maximum statutory fine amount authorized for 1,521
the level of the offense under division (A)(3) of this section or 1,522
section 2929.31 of the Revised Code, the court may impose a fine 1,524
for the offense in addition to the mandatory fine and the fine 1,525
imposed under division (B)(4) of this section. The sum total of 1,526
the amounts of the mandatory fine, the fine imposed under 1,527
division (B)(4) of this section, and the additional fine imposed 1,528
under division (B)(6) of this section shall not exceed the 1,530
maximum statutory fine amount authorized for the level of the 1,531
offense under division (A)(3) of this section or section 2929.31 1,532
of the Revised Code. The clerk of the court shall pay any fine 1,533
that is imposed under division (B)(6) of this section to the 1,534
county, township, municipal corporation, park district as created 1,536
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,537
state law enforcement agencies in this state that primarily were 1,538
responsible for or involved in making the arrest of, and in 1,539
prosecuting, the offender pursuant to division (F) of section 1,540
2925.03 of the Revised Code. 1,541
(7) If the sum total of the amount of a mandatory fine 1,543
imposed for a first, second, or third degree felony violation of 1,544
section 2925.03 or a third degree felony violation of section 1,545
2925.07 of the Revised Code plus the amount of any fine imposed 1,547
under division (B)(4) of this section exceeds the maximum 1,548
statutory fine amount authorized for the level of the offense 1,549
under division (A)(3) of this section or section 2929.31 of the 1,550
Revised Code, the court shall not impose a fine under division 1,551
(B)(6) of this section.
37
(C)(1) The offender shall pay reimbursements imposed upon 1,554
the offender pursuant to division (A)(4)(a) of this section to 1,556
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,558
confine offenders pursuant to sanctions imposed under section 1,559
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,560
The treasurer of state shall deposit the reimbursements in the 1,561
confinement cost reimbursement fund that is hereby created in the 1,562
state treasury. The department of rehabilitation and correction 1,563
shall use the amounts deposited in the fund to fund the operation 1,564
of facilities used to confine offenders pursuant to sections 1,565
2929.14 and 2929.16 of the Revised Code. 1,566
(2) Except as provided in section 2951.021 of the Revised 1,568
Code, the offender shall pay reimbursements imposed upon the 1,569
offender pursuant to division (A)(4)(a) of this section to pay 1,571
the costs incurred by a county pursuant to any sanction imposed 1,572
under this section or section 2929.16 or 2929.17 of the Revised 1,573
Code or in operating a facility used to confine offenders 1,574
pursuant to a sanction imposed under section 2929.16 of the 1,575
Revised Code to the county treasurer. The county treasurer shall 1,576
deposit the reimbursements in the sanction cost reimbursement 1,577
fund that each board of county commissioners shall create in its 1,578
county treasury. The county shall use the amounts deposited in 1,579
the fund to pay the costs incurred by the county pursuant to any 1,580
sanction imposed under this section or section 2929.16 or 2929.17 1,581
of the Revised Code or in operating a facility used to confine 1,583
offenders pursuant to a sanction imposed under section 2929.16 of 1,584
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,586
Code, the offender shall pay reimbursements imposed upon the 1,587
offender pursuant to division (A)(4)(a) of this section to pay 1,589
the costs incurred by a municipal corporation pursuant to any 1,590
sanction imposed under this section or section 2929.16 or 2929.17 1,591
of the Revised Code or in operating a facility used to confine 1,592
38
offenders pursuant to a sanction imposed under section 2929.16 of 1,593
the Revised Code to the treasurer of the municipal corporation. 1,595
The treasurer shall deposit the reimbursements in a special fund 1,596
that shall be established in the treasury of each municipal 1,597
corporation. The municipal corporation shall use the amounts 1,598
deposited in the fund to pay the costs incurred by the municipal 1,599
corporation pursuant to any sanction imposed under this section 1,600
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,601
a facility used to confine offenders pursuant to a sanction 1,602
imposed under section 2929.16 of the Revised Code. 1,603
(4) Except as provided in section 2951.021 of the Revised 1,605
Code, the offender shall pay reimbursements imposed pursuant to 1,606
division (A)(4)(a) of this section for the costs incurred by a 1,607
private provider pursuant to a sanction imposed under this 1,608
section or section 2929.16 or 2929.17 of the Revised Code to the 1,609
provider.
(D) A financial sanction imposed pursuant to division (A) 1,611
or (B) of this section is a judgment in favor of the state or a 1,612
political subdivision in which the court that imposed the 1,613
financial sanction is located, and the offender subject to the 1,614
sanction is the judgment debtor, except that a financial sanction 1,615
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,617
this section upon an offender who is incarcerated in a state 1,618
facility or a municipal jail is a judgment in favor of the state 1,619
or the municipal corporation, a financial sanction of 1,620
reimbursement imposed upon an offender pursuant to this section 1,621
for costs incurred by a private provider of sanctions is a 1,622
judgment in favor of the private provider, and a financial 1,623
sanction of restitution imposed pursuant to this section is a 1,624
judgment in favor of the victim of the offender's criminal act. 1,625
Once the financial sanction is imposed as a judgment, the victim, 1,626
private provider, state, or political subdivision may bring an 1,627
action to do any of the following:
(1) Obtain execution of the judgment through any available 1,630
39
procedure, including:
(a) An execution against the property of the judgment 1,633
debtor under Chapter 2329. of the Revised Code; 1,634
(b) An execution against the person of the judgment debtor 1,637
under Chapter 2331. of the Revised Code; 1,638
(c) A proceeding in aid of execution under Chapter 2333. 1,641
of the Revised Code, including: 1,642
(i) A proceeding for the examination of the judgment 1,645
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,646
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,649
judgment debtor under section 2333.28 of the Revised Code; 1,650
(iii) A creditor's suit under section 2333.01 of the 1,653
Revised Code.
(d) The attachment of the property of the judgment debtor 1,656
under Chapter 2715. of the Revised Code; 1,657
(e) The garnishment of the property of the judgment debtor 1,660
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,662
judgment debtor under section 1321.33 of the Revised Code. 1,664
(E) A court that imposes a financial sanction upon an 1,666
offender may hold a hearing if necessary to determine whether the 1,667
offender is able to pay the sanction or is likely in the future 1,668
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,671
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,673
enter into contracts with one or more public agencies or private 1,674
vendors for the collection of, amounts due under the financial 1,675
sanction imposed pursuant to this section or section 2929.25 of 1,676
the Revised Code. Before entering into a contract for the 1,677
collection of amounts due from an offender pursuant to any 1,678
financial sanction imposed pursuant to this section or section 1,679
2929.25 of the Revised Code, a court shall comply with sections 1,680
40
307.86 to 307.92 of the Revised Code. 1,681
(G) If a court that imposes a financial sanction under 1,684
division (A) or (B) of this section finds that an offender 1,685
satisfactorily has completed all other sanctions imposed upon the 1,686
offender and that all restitution that has been ordered has been 1,687
paid as ordered, the court may suspend any financial sanctions 1,688
imposed pursuant to this section or section 2929.25 of the 1,689
Revised Code that have not been paid. 1,690
(H) No financial sanction imposed under this section or 1,693
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,694
Section 2. That existing sections 2925.03, 2929.13, and 1,696
2929.18 and section 2925.07 of the Revised Code are hereby 1,697
repealed.