As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 528 5
1999-2000 6
REPRESENTATIVES CALLENDER-ALLEN-BUEHRER-CLANCY-FLANNERY-HAINES- 8
JACOBSON-PRINGLE-SCHURING-TAYLOR-TIBERI-TRAKAS-VAN VYVEN- 10
A. CORE-LOGAN-DePIERO-WILLAMOWSKI
_________________________________________________________________ 11
A B I L L
To amend sections 2925.03, 2929.13, and 2929.18 and 13
to repeal section 2925.07 of the Revised Code to 14
expand the drug trafficking offenses to also
include a prohibition against certain acts 15
related to the shipment, transportation,
delivery, or distribution of a controlled 16
substance for sale or resale.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 2925.03, 2929.13, and 2929.18 of 20
the Revised Code be amended to read as follows: 21
Sec. 2925.03. (A) No person shall knowingly sell DO ANY 30
OF THE FOLLOWING: 31
(1) SELL or offer to sell a controlled substance; 34
(2) PREPARE FOR SHIPMENT, SHIP, TRANSPORT, DELIVER, 36
PREPARE FOR DISTRIBUTION, OR DISTRIBUTE A CONTROLLED SUBSTANCE, 37
WHEN THE OFFENDER KNOWS OR HAS REASONABLE CAUSE TO BELIEVE THAT 38
THE CONTROLLED SUBSTANCE IS INTENDED FOR SALE OR RESALE BY THE 39
OFFENDER OR ANOTHER PERSON.
(B) This section does not apply to any of the following: 41
(1) Manufacturers, licensed health professionals 43
authorized to prescribe drugs, pharmacists, owners of pharmacies, 45
and other persons whose conduct is in accordance with Chapters 46
3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the 47
Revised Code;
2
(2) If the offense involves an anabolic steroid, any 49
person who is conducting or participating in a research project 50
involving the use of an anabolic steroid if the project has been 51
approved by the United States food and drug administration; 52
(3) Any person who sells, offers for sale, prescribes, 54
dispenses, or administers for livestock or other nonhuman species 55
an anabolic steroid that is expressly intended for administration 56
through implants to livestock or other nonhuman species and 57
approved for that purpose under the "Federal Food, Drug, and 58
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 59
and is sold, offered for sale, prescribed, dispensed, or 60
administered for that purpose in accordance with that act. 61
(C) Whoever violates division (A) of this section is 63
guilty of one of the following: 64
(1) If the drug involved in the violation is any compound, 67
mixture, preparation, or substance included in schedule I or 68
schedule II, with the exception of marihuana, cocaine, L.S.D., 69
heroin, and hashish, whoever violates division (A) of this 71
section is guilty of aggravated trafficking in drugs. The 72
penalty for the offense shall be determined as follows: 73
(a) Except as otherwise provided in division (C)(1)(b), 76
(c), (d), (e), or (f) of this section, aggravated trafficking in 77
drugs is a felony of the fourth degree, and division (C) of 79
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 81
(b) Except as otherwise provided in division (C)(1)(c), 84
(d), (e), or (f) of this section, if the offense was committed in 85
the vicinity of a school or in the vicinity of a juvenile, 86
aggravated trafficking in drugs is a felony of the third degree, 87
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 88
(c) Except as otherwise provided in this division, if the 90
amount of the drug involved exceeds the bulk amount but does not 92
exceed five times the bulk amount, aggravated trafficking in 93
3
drugs is a felony of the third degree, and the court shall impose 94
as a mandatory prison term one of the prison terms prescribed for 95
a felony of the third degree. If the amount of the drug involved 96
is within that range and if the offense was committed in the 97
vicinity of a school or in the vicinity of a juvenile, aggravated 98
trafficking in drugs is a felony of the second degree, and the 99
court shall impose as a mandatory prison term one of the prison 100
terms prescribed for a felony of the second degree. 101
(d) Except as otherwise provided in this division, if the 103
amount of the drug involved exceeds five times the bulk amount 105
but does not exceed fifty times the bulk amount, aggravated 106
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 107
terms prescribed for a felony of the second degree. If the 108
amount of the drug involved is within that range and if the 109
offense was committed in the vicinity of a school or in the 110
vicinity of a juvenile, aggravated trafficking in drugs is a 111
felony of the first degree, and the court shall impose as a 112
mandatory prison term one of the prison terms prescribed for a 113
felony of the first degree. 114
(e) If the amount of the drug involved exceeds fifty times 117
the bulk amount but does not exceed one hundred times the bulk 118
amount and regardless of whether the offense was committed in the 119
vicinity of a school or in the vicinity of a juvenile, aggravated 120
trafficking in drugs is a felony of the first degree, and the 121
court shall impose as a mandatory prison term one of the prison 122
terms prescribed for a felony of the first degree. 123
(f) If the amount of the drug involved exceeds one hundred 126
times the bulk amount and regardless of whether the offense was 127
committed in the vicinity of a school or in the vicinity of a 128
juvenile, aggravated trafficking in drugs is a felony of the 129
first degree, and the court shall impose as a mandatory prison 130
term the maximum prison term prescribed for a felony of the first 131
degree and may impose an additional prison term prescribed for a 132
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major drug offender under division (D)(3)(b) of section 2929.14 133
of the Revised Code. 134
(2) If the drug involved in the violation is any compound, 137
mixture, preparation, or substance included in schedule III, IV, 138
or V, whoever violates division (A) of this section is guilty of 139
trafficking in drugs. The penalty for the offense shall be 140
determined as follows: 141
(a) Except as otherwise provided in division (C)(2)(b), 144
(c), (d), or (e) of this section, trafficking in drugs is a 146
felony of the fifth degree, and division (C) of section 2929.13 147
of the Revised Code applies in determining whether to impose a 148
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 151
(d), or (e) of this section, if the offense was committed in the 152
vicinity of a school or in the vicinity of a juvenile, 153
trafficking in drugs is a felony of the fourth degree, and 154
division (C) of section 2929.13 of the Revised Code applies in 155
determining whether to impose a prison term on the offender. 157
(c) Except as otherwise provided in this division, if the 159
amount of the drug involved exceeds the bulk amount but does not 161
exceed five times the bulk amount, trafficking in drugs is a 162
felony of the fourth degree, and there is a presumption for a 163
prison term for the offense. If the amount of the drug involved 164
is within that range and if the offense was committed in the 165
vicinity of a school or in the vicinity of a juvenile, 166
trafficking in drugs is a felony of the third degree, and there 167
is a presumption for a prison term for the offense. 168
(d) Except as otherwise provided in this division, if the 170
amount of the drug involved exceeds five times the bulk amount 172
but does not exceed fifty times the bulk amount, trafficking in 173
drugs is a felony of the third degree, and there is a presumption 174
for a prison term for the offense. If the amount of the drug 175
involved is within that range and if the offense was committed in 176
the vicinity of a school or in the vicinity of a juvenile, 177
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trafficking in drugs is a felony of the second degree, and there 178
is a presumption for a prison term for the offense. 179
(e) Except as otherwise provided in this division, if the 181
amount of the drug involved exceeds fifty times the bulk amount, 183
trafficking in drugs is a felony of the second degree, and the 184
court shall impose as a mandatory prison term one of the prison 185
terms prescribed for a felony of the second degree. If the 186
amount of the drug involved exceeds fifty times the bulk amount 187
and if the offense was committed in the vicinity of a school or 188
in the vicinity of a juvenile, trafficking in drugs is a felony 189
of the first degree, and the court shall impose as a mandatory 190
prison term one of the prison terms prescribed for a felony of 191
the first degree. 192
(3) If the drug involved in the violation is marihuana or 194
a compound, mixture, preparation, or substance containing 195
marihuana other than hashish, whoever violates division (A) of 197
this section is guilty of trafficking in marihuana. The penalty 198
for the offense shall be determined as follows: 199
(a) Except as otherwise provided in division (C)(3)(b), 202
(c), (d), (e), (f), or (g) of this section, trafficking in 203
marihuana is a felony of the fifth degree, and division (C) of 206
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 207
(b) Except as otherwise provided in division (C)(3)(c), 210
(d), (e), (f), or (g) of this section, if the offense was 212
committed in the vicinity of a school or in the vicinity of a 213
juvenile, trafficking in marihuana is a felony of the fourth 214
degree, and division (C) of section 2929.13 of the Revised Code 215
applies in determining whether to impose a prison term on the 216
offender.
(c) Except as otherwise provided in this division, if the 218
amount of the drug involved exceeds two hundred grams but does 220
not exceed one thousand grams, trafficking in marihuana is a 221
felony of the fourth degree, and division (C) of section 2929.13 222
6
of the Revised Code applies in determining whether to impose a 224
prison term on the offender. If the amount of the drug involved 225
is within that range and if the offense was committed in the 226
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 227
division (C) of section 2929.13 of the Revised Code applies in 228
determining whether to impose a prison term on the offender. 230
(d) Except as otherwise provided in this division, if the 232
amount of the drug involved exceeds one thousand grams but does 234
not exceed five thousand grams, trafficking in marihuana is a 235
felony of the third degree, and division (C) of section 2929.13 236
of the Revised Code applies in determining whether to impose a 238
prison term on the offender. If the amount of the drug involved 239
is within that range and if the offense was committed in the 240
vicinity of a school or in the vicinity of a juvenile, 241
trafficking in marihuana is a felony of the second degree, and 242
there is a presumption that a prison term shall be imposed for 243
the offense.
(e) Except as otherwise provided in this division, if the 245
amount of the drug involved exceeds five thousand grams but does 247
not exceed twenty thousand grams, trafficking in marihuana is a 248
felony of the third degree, and there is a presumption that a 249
prison term shall be imposed for the offense. If the amount of 250
the drug involved is within that range and if the offense was 251
committed in the vicinity of a school or in the vicinity of a 252
juvenile, trafficking in marihuana is a felony of the second 253
degree, and there is a presumption that a prison term shall be 254
imposed for the offense. 255
(f) Except as otherwise provided in this division, if the 257
amount of the drug involved exceeds twenty thousand grams, 259
trafficking in marihuana is a felony of the second degree, and 260
the court shall impose as a mandatory prison term the maximum 261
prison term prescribed for a felony of the second degree. If the 262
amount of the drug involved exceeds twenty thousand grams and if 263
7
the offense was committed in the vicinity of a school or in the 264
vicinity of a juvenile, trafficking in marihuana is a felony of 265
the first degree, and the court shall impose as a mandatory 266
prison term the maximum prison term prescribed for a felony of 267
the first degree. 268
(g) Except as otherwise provided in this division, if the 271
offense involves a gift of twenty grams or less of marihuana, 272
trafficking in marihuana is a minor misdemeanor upon a first 273
offense and a misdemeanor of the third degree upon a subsequent 274
offense. If the offense involves a gift of twenty grams or less 275
of marihuana and if the offense was committed in the vicinity of 276
a school or in the vicinity of a juvenile, trafficking in 277
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 279
compound, mixture, preparation, or substance containing cocaine, 280
whoever violates division (A) of this section is guilty of 282
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 283
(a) Except as otherwise provided in division (C)(4)(b), 286
(c), (d), (e), (f), or (g) of this section, trafficking in 287
cocaine is a felony of the fifth degree, and division (C) of 289
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 291
(b) Except as otherwise provided in division (C)(4)(c), 294
(d), (e), (f), or (g) of this section, if the offense was 295
committed in the vicinity of a school or in the vicinity of a 297
juvenile, trafficking in cocaine is a felony of the fourth 298
degree, and division (C) of section 2929.13 of the Revised Code 299
applies in determining whether to impose a prison term on the 301
offender.
(c) Except as otherwise provided in this division, if the 303
amount of the drug involved exceeds five grams but does not 304
exceed ten grams of cocaine that is not crack cocaine or exceeds 306
one gram but does not exceed five grams of crack cocaine, 308
8
trafficking in cocaine is a felony of the fourth degree, and 309
there is a presumption for a prison term for the offense. If the 310
amount of the drug involved is within one of those ranges and if 311
the offense was committed in the vicinity of a school or in the 312
vicinity of a juvenile, trafficking in cocaine is a felony of the 313
third degree, and there is a presumption for a prison term for 314
the offense.
(d) Except as otherwise provided in this division, if the 316
amount of the drug involved exceeds ten grams but does not exceed 317
one hundred grams of cocaine that is not crack cocaine or exceeds 319
five grams but does not exceed ten grams of crack cocaine, 320
trafficking in cocaine is a felony of the third degree, and the 321
court shall impose as a mandatory prison term one of the prison 322
terms prescribed for a felony of the third degree. If the amount 323
of the drug involved is within one of those ranges and if the 324
offense was committed in the vicinity of a school or in the 326
vicinity of a juvenile, trafficking in cocaine is a felony of the 329
second degree, and the court shall impose as a mandatory prison 330
term one of the prison terms prescribed for a felony of the 331
second degree.
(e) Except as otherwise provided in this division, if the 333
amount of the drug involved exceeds one hundred grams but does 334
not exceed five hundred grams of cocaine that is not crack 335
cocaine or exceeds ten grams but does not exceed twenty-five 337
grams of crack cocaine, trafficking in cocaine is a felony of the 339
second degree, and the court shall impose as a mandatory prison 340
term one of the prison terms prescribed for a felony of the 341
second degree. If the amount of the drug involved is within one 342
of those ranges and if the offense was committed in the vicinity 343
of a school or in the vicinity of a juvenile, trafficking in 345
cocaine is a felony of the first degree, and the court shall 347
impose as a mandatory prison term one of the prison terms 348
prescribed for a felony of the first degree. 349
(f) If the amount of the drug involved exceeds five 352
9
hundred grams but does not exceed one thousand grams of cocaine 353
that is not crack cocaine or exceeds twenty-five grams but does 354
not exceed one hundred grams of crack cocaine and regardless of 355
whether the offense was committed in the vicinity of a school or 356
in the vicinity of a juvenile, trafficking in cocaine is a felony 359
of the first degree, and the court shall impose as a mandatory 360
prison term one of the prison terms prescribed for a felony of 361
the first degree.
(g) If the amount of the drug involved exceeds one 364
thousand grams of cocaine that is not crack cocaine or exceeds 365
one hundred grams of crack cocaine and regardless of whether the 367
offense was committed in the vicinity of a school or in the 368
vicinity of a juvenile, trafficking in cocaine is a felony of the 369
first degree, and the court shall impose as a mandatory prison 370
term the maximum prison term prescribed for a felony of the first 371
degree and may impose an additional mandatory prison term 372
prescribed for a major drug offender under division (D)(3)(b) of 374
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 377
compound, mixture, preparation, or substance containing L.S.D., 378
whoever violates division (A) of this section is guilty of 379
trafficking in L.S.D. The penalty for the offense shall be 381
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 384
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 386
is a felony of the fifth degree, and division (C) of section 387
2929.13 of the Revised Code applies in determining whether to 389
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 392
(d), (e), (f), or (g) of this section, if the offense was 393
committed in the vicinity of a school or in the vicinity of a 394
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 396
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 397
10
(c) Except as otherwise provided in this division, if the 399
amount of the drug involved exceeds ten unit doses but does not 401
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 402
gram but does not exceed five grams of L.S.D. in a liquid 404
concentrate, liquid extract, or liquid distillate form, 406
trafficking in L.S.D. is a felony of the fourth degree, and there 409
is a presumption for a prison term for the offense. If the 410
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 411
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 413
third degree, and there is a presumption for a prison term for 414
the offense.
(d) Except as otherwise provided in this division, if the 416
amount of the drug involved exceeds fifty unit doses but does not 418
exceed two hundred fifty unit doses of L.S.D. in a solid form or 419
exceeds five grams but does not exceed twenty-five grams of 421
L.S.D. in a liquid concentrate, liquid extract, or liquid 423
distillate form, trafficking in L.S.D. is a felony of the third 426
degree, and the court shall impose as a mandatory prison term one 427
of the prison terms prescribed for a felony of the third degree. 428
If the amount of the drug involved is within that range and if 429
the offense was committed in the vicinity of a school or in the 430
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 432
second degree, and the court shall impose as a mandatory prison 433
term one of the prison terms prescribed for a felony of the 434
second degree.
(e) Except as otherwise provided in this division, if the 436
amount of the drug involved exceeds two hundred fifty unit doses 438
but does not exceed one thousand unit doses of L.S.D. in a solid 440
form or exceeds twenty-five grams but does not exceed one hundred 442
grams of L.S.D. in a liquid concentrate, liquid extract, or 444
liquid distillate form, trafficking in L.S.D. is a felony of the 446
second degree, and the court shall impose as a mandatory prison 447
term one of the prison terms prescribed for a felony of the 448
11
second degree. If the amount of the drug involved is within that 449
range and if the offense was committed in the vicinity of a 450
school or in the vicinity of a juvenile, trafficking in L.S.D. is 452
a felony of the first degree, and the court shall impose as a 453
mandatory prison term one of the prison terms prescribed for a 454
felony of the first degree.
(f) If the amount of the drug involved exceeds one 457
thousand unit doses but does not exceed five thousand unit doses 458
of L.S.D. in a solid form or exceeds one hundred grams but does 461
not exceed five hundred grams of L.S.D. in a liquid concentrate, 463
liquid extract, or liquid distillate form and regardless of 464
whether the offense was committed in the vicinity of a school or 465
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 466
of the first degree, and the court shall impose as a mandatory 467
prison term one of the prison terms prescribed for a felony of 468
the first degree. 469
(g) If the amount of the drug involved exceeds five 472
thousand unit doses of L.S.D. in a solid form or exceeds five 473
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 475
or liquid distillate form and regardless of whether the offense 478
was committed in the vicinity of a school or in the vicinity of a 479
juvenile, trafficking in L.S.D. is a felony of the first degree, 482
and the court shall impose as a mandatory prison term the maximum 483
prison term prescribed for a felony of the first degree and may 484
impose an additional mandatory prison term prescribed for a major 485
drug offender under division (D)(3)(b) of section 2929.14 of the 487
Revised Code.
(6) If the drug involved in the violation is heroin or a 489
compound, mixture, preparation, or substance containing heroin, 490
whoever violates division (A) of this section is guilty of 492
trafficking in heroin. The penalty for the offense shall be
determined as follows: 493
(a) Except as otherwise provided in division (C)(6)(b), 496
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 498
12
is a felony of the fifth degree, and division (C) of section 499
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 501
(b) Except as otherwise provided in division (C)(6)(c), 504
(d), (e), (f), or (g) of this section, if the offense was 505
committed in the vicinity of a school or in the vicinity of a 508
juvenile, trafficking in heroin is a felony of the fourth degree, 509
and division (C) of section 2929.13 of the Revised Code applies 511
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 513
amount of the drug involved exceeds one gram but does not exceed 515
five grams, trafficking in heroin is a felony of the fourth 516
degree, and there is a presumption for a prison term for the 517
offense. If the amount of the drug involved is within that range 518
and if the offense was committed in the vicinity of a school or 519
in the vicinity of a juvenile, trafficking in heroin is a felony 520
of the third degree, and there is a presumption for a prison term 521
for the offense. 522
(d) Except as otherwise provided in this division, if the 524
amount of the drug involved exceeds five grams but does not 526
exceed ten grams, trafficking in heroin is a felony of the third 527
degree, and there is a presumption for a prison term for the 528
offense. If the amount of the drug involved is within that range 529
and if the offense was committed in the vicinity of a school or 530
in the vicinity of a juvenile, trafficking in heroin is a felony 531
of the second degree, and there is a presumption for a prison 532
term for the offense. 533
(e) Except as otherwise provided in this division, if the 535
amount of the drug involved exceeds ten grams but does not exceed 537
fifty grams, trafficking in heroin is a felony of the second 538
degree, and the court shall impose as a mandatory prison term one 539
of the prison terms prescribed for a felony of the second degree. 540
If the amount of the drug involved is within that range and if 541
the offense was committed in the vicinity of a school or in the 542
13
vicinity of a juvenile, trafficking in heroin is a felony of the 543
first degree, and the court shall impose as a mandatory prison 544
term one of the prison terms prescribed for a felony of the first 545
degree. 546
(f) If the amount of the drug involved exceeds fifty grams 549
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or 550
in the vicinity of a juvenile, trafficking in heroin is a felony 552
of the first degree, and the court shall impose as a mandatory 553
prison term one of the prison terms prescribed for a felony of 554
the first degree.
(g) If the amount of the drug involved exceeds two hundred 557
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 558
trafficking in heroin is a felony of the first degree, and the 561
court shall impose as a mandatory prison term the maximum prison 562
term prescribed for a felony of the first degree and may impose 563
an additional mandatory prison term prescribed for a major drug 564
offender under division (D)(3)(b) of section 2929.14 of the 565
Revised Code. 566
(7) If the drug involved in the violation is hashish or a 568
compound, mixture, preparation, or substance containing hashish, 569
whoever violates division (A) of this section is guilty of 571
trafficking in hashish. The penalty for the offense shall be
determined as follows: 572
(a) Except as otherwise provided in division (C)(7)(b), 575
(c), (d), (e), or (f) of this section, trafficking in hashish is 577
a felony of the fifth degree, and division (C) of section 2929.13 578
of the Revised Code applies in determining whether to impose a 580
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 583
(d), (e), or (f) of this section, if the offense was committed in 584
the vicinity of a school or in the vicinity of a juvenile, 586
trafficking in hashish is a felony of the fourth degree, and 587
14
division (C) of section 2929.13 of the Revised Code applies in 588
determining whether to impose a prison term on the offender. 589
(c) Except as otherwise provided in this division, if the 591
amount of the drug involved exceeds ten grams but does not exceed 592
fifty grams of hashish in a solid form or exceeds two grams but 593
does not exceed ten grams of hashish in a liquid concentrate, 594
liquid extract, or liquid distillate form, trafficking in hashish 595
is a felony of the fourth degree, and division (C) of section 596
2929.13 of the Revised Code applies in determining whether to 597
impose a prison term on the offender. If the amount of the drug 598
involved is within that range and if the offense was committed in 599
the vicinity of a school or in the vicinity of a juvenile, 600
trafficking in hashish is a felony of the third degree, and 601
division (C) of section 2929.13 of the Revised Code applies in 602
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 604
amount of the drug involved exceeds fifty grams but does not 605
exceed two hundred fifty grams of hashish in a solid form or 606
exceeds ten grams but does not exceed fifty grams of hashish in a 607
liquid concentrate, liquid extract, or liquid distillate form, 608
trafficking in hashish is a felony of the third degree, and 610
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 611
the amount of the drug involved is within that range and if the 613
offense was committed in the vicinity of a school or in the 614
vicinity of a juvenile, trafficking in hashish is a felony of the 615
second degree, and there is a presumption that a prison term 616
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 618
amount of the drug involved exceeds two hundred fifty grams but 619
does not exceed one thousand grams of hashish in a solid form or 620
exceeds fifty grams but does not exceed two hundred grams of 621
hashish in a liquid concentrate, liquid extract, or liquid 623
distillate form, trafficking in hashish is a felony of the third 624
15
degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is 625
within that range and if the offense was committed in the 626
vicinity of a school or in the vicinity of a juvenile, 627
trafficking in hashish is a felony of the second degree, and 628
there is a presumption that a prison term shall be imposed for 629
the offense.
(f) Except as otherwise provided in this division, if the 631
amount of the drug involved exceeds one thousand grams of hashish 633
in a solid form or exceeds two hundred grams of hashish in a 634
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 636
court shall impose as a mandatory prison term the maximum prison 637
term prescribed for a felony of the second degree. If the amount 638
of the drug involved exceeds one thousand grams of hashish in a 640
solid form or exceeds two hundred grams of hashish in a liquid 641
concentrate, liquid extract, or liquid distillate form and if the 642
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 644
first degree, and the court shall impose as a mandatory prison 645
term the maximum prison term prescribed for a felony of the first 646
degree.
(D) In addition to any prison term authorized or required 649
by division (C) of this section and sections 2929.13 and 2929.14 650
of the Revised Code, and in addition to any other sanction 651
imposed for the offense under this section or sections 2929.11 to 652
2929.18 of the Revised Code, the court that sentences an offender 653
who is convicted of or pleads guilty to a violation of division 654
(A) of this section shall do all of the following that are 656
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 659
felony of the first, second, or third degree, the court shall 660
impose upon the offender the mandatory fine specified for the 661
offense under division (B)(1) of section 2929.18 of the Revised 662
16
Code unless, as specified in that division, the court determines 663
that the offender is indigent. Except as otherwise provided in 664
division (H)(1) of this section, a mandatory fine or any other 665
fine imposed for a violation of this section is subject to 666
division (F) of this section. If a person is charged with a 667
violation of this section that is a felony of the first, second, 668
or third degree, posts bail, and forfeits the bail, the clerk of 669
the court shall pay the forfeited bail pursuant to divisions 671
(D)(1) and (F) of this section, as if the forfeited bail was a 672
fine imposed for a violation of this section. If any amount of 673
the forfeited bail remains after that payment and if a fine is 674
imposed under division (H)(1) of this section, the clerk of the 675
court shall pay the remaining amount of the forfeited bail 676
pursuant to divisions (H)(2) and (3) of this section, as if that 677
remaining amount was a fine imposed under division (H)(1) of this
section. 678
(2) The court shall revoke or suspend the driver's or 680
commercial driver's license or permit of the offender in 681
accordance with division (G) of this section. 682
(3) If the offender is a professionally licensed person or 685
a person who has been admitted to the bar by order of the supreme 686
court in compliance with its prescribed and published rules, the 687
court forthwith shall comply with section 2925.38 of the Revised 688
Code.
(E) When a person is charged with the sale of or offer to 691
sell a bulk amount or a multiple of a bulk amount of a controlled 692
substance, the jury, or the court trying the accused, shall 694
determine the amount of the controlled substance involved at the 695
time of the offense and, if a guilty verdict is returned, shall 696
return the findings as part of the verdict. In any such case, it 697
is unnecessary to find and return the exact amount of the 698
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 699
controlled substance involved is the requisite amount, or that 701
17
the amount of the controlled substance involved is less than the 702
requisite amount. 703
(F)(1) Notwithstanding any contrary provision of section 705
3719.21 of the Revised Code and except as provided in division 706
(H) of this section, the clerk of the court shall pay any 707
mandatory fine imposed pursuant to division (D)(1) of this 708
section and any fine other than a mandatory fine that is imposed 709
for a violation of this section pursuant to division (A) or 710
(B)(5) of section 2929.18 of the Revised Code to the county, 712
township, municipal corporation, park district, as created 713
pursuant to section 511.18 or 1545.04 of the Revised Code, or 714
state law enforcement agencies in this state that primarily were 715
responsible for or involved in making the arrest of, and in 716
prosecuting, the offender. However, the clerk shall not pay a 717
mandatory fine so imposed to a law enforcement agency unless the 718
agency has adopted a written internal control policy under 719
division (F)(2) of this section that addresses the use of the 721
fine moneys that it receives. Each agency shall use the 723
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 725
written internal control policy adopted by the recipient agency 726
under division (F)(2) of this section. 727
(2)(a) Prior to receiving any fine moneys under division 729
(F)(1) of this section or division (B)(5) of section 2925.42 of 730
the Revised Code, a law enforcement agency shall adopt a written 731
internal control policy that addresses the agency's use and 732
disposition of all fine moneys so received and that provides for 733
the keeping of detailed financial records of the receipts of 734
those fine moneys, the general types of expenditures made out of 735
those fine moneys, and the specific amount of each general type 736
of expenditure. The policy shall not provide for or permit the 737
identification of any specific expenditure that is made in an 738
ongoing investigation. All financial records of the receipts of 739
those fine moneys, the general types of expenditures made out of 740
18
those fine moneys, and the specific amount of each general type 741
of expenditure by an agency are public records open for 742
inspection under section 149.43 of the Revised Code. 743
Additionally, a written internal control policy adopted under 744
this division is such a public record, and the agency that 745
adopted it shall comply with it. 746
(b) Each law enforcement agency that receives in any 748
calendar year any fine moneys under division (F)(1) of this 749
section or division (B)(5) of section 2925.42 of the Revised Code 750
shall prepare a report covering the calendar year that cumulates 751
all of the information contained in all of the public financial 752
records kept by the agency pursuant to division (F)(2)(a) of this 753
section for that calendar year, and shall send a copy of the 754
cumulative report, no later than the first day of March in the 755
calendar year following the calendar year covered by the report, 756
to the attorney general. Each report received by the attorney 757
general is a public record open for inspection under section 758
149.43 of the Revised Code. Not later than the fifteenth day of 760
April in the calendar year in which the reports are received, the 761
attorney general shall send to the president of the senate and 763
the speaker of the house of representatives a written 764
notification that does all of the following:
(i) Indicates that the attorney general has received from 766
law enforcement agencies reports of the type described in this 767
division that cover the previous calendar year and indicates that 770
the reports were received under this division; 771
(ii) Indicates that the reports are open for inspection 774
under section 149.43 of the Revised Code; 775
(iii) Indicates that the attorney general will provide a 778
copy of any or all of the reports to the president of the senate 779
or the speaker of the house of representatives upon request. 780
(3) As used in division (F) of this section: 783
(a) "Law enforcement agencies" includes, but is not 785
limited to, the state board of pharmacy and the office of a 786
19
prosecutor. 787
(b) "Prosecutor" has the same meaning as in section 789
2935.01 of the Revised Code. 790
(G) When required under division (D)(2) of this section, 794
the court either shall revoke or, if it does not revoke, shall 795
suspend for not less than six months or more than five years, the 796
driver's or commercial driver's license or permit of any person 798
who is convicted of or pleads guilty to a violation of this 800
section that is a felony of the first degree and shall suspend 801
for not less than six months or more than five years the driver's 803
or commercial driver's license or permit of any person who is 805
convicted of or pleads guilty to any other violation of this 806
section. If an offender's driver's or commercial driver's 807
license or permit is revoked pursuant to this division, the 809
offender, at any time after the expiration of two years from the 810
day on which the offender's sentence was imposed or from the day 811
on which the offender finally was released from a prison term 814
under the sentence, whichever is later, may file a motion with 815
the sentencing court requesting termination of the revocation; 816
upon the filing of such a motion and the court's finding of good 817
cause for the termination, the court may terminate the 818
revocation.
(H)(1) In addition to any prison term authorized or 821
required by division (C) of this section and sections 2929.13 and 822
2929.14 of the Revised Code, in addition to any other penalty or 824
sanction imposed for the offense under this section or sections 825
2929.11 to 2929.181 of the Revised Code, and in addition to the 826
forfeiture of property in connection with the offense as 827
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 829
the court that sentences an offender who is convicted of or 830
pleads guilty to a violation of division (A) of this section may 831
impose upon the offender an additional fine specified for the 832
offense in division (B)(4) of section 2929.18 of the Revised 834
Code. A fine imposed under division (H)(1) of this section is 836
20
not subject to division (F) of this section and shall be used 837
solely for the support of one or more eligible alcohol and drug 838
addiction programs in accordance with divisions (H)(2) and (3) of 839
this section.
(2) The court that imposes a fine under division (H)(1) of 842
this section shall specify in the judgment that imposes the fine 843
one or more eligible alcohol and drug addiction programs for the 844
support of which the fine money is to be used. No alcohol and 845
drug addiction program shall receive or use money paid or 846
collected in satisfaction of a fine imposed under division (H)(1) 848
of this section unless the program is specified in the judgment 849
that imposes the fine. No alcohol and drug addiction program 850
shall be specified in the judgment unless the program is an 851
eligible alcohol and drug addiction program and, except as 852
otherwise provided in division (H)(2) of this section, unless the 854
program is located in the county in which the court that imposes 855
the fine is located or in a county that is immediately contiguous 856
to the county in which that court is located. If no eligible 857
alcohol and drug addiction program is located in any of those 858
counties, the judgment may specify an eligible alcohol and drug 859
addiction program that is located anywhere within this state. 860
(3) Notwithstanding any contrary provision of section 862
3719.21 of the Revised Code, the clerk of the court shall pay any 864
fine imposed under division (H)(1) of this section to the 865
eligible alcohol and drug addiction program specified pursuant to 866
division (H)(2) of this section in the judgment. The eligible 867
alcohol and drug addiction program that receives the fine moneys 868
shall use the moneys only for the alcohol and drug addiction 869
services identified in the application for certification under 870
section 3793.06 of the Revised Code or in the application for a 871
license under section 3793.11 of the Revised Code filed with the 873
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 874
(4) Each alcohol and drug addiction program that receives 876
21
in a calendar year any fine moneys under division (H)(3) of this 878
section shall file an annual report covering that calendar year 879
with the court of common pleas and the board of county 880
commissioners of the county in which the program is located, with 881
the court of common pleas and the board of county commissioners 882
of each county from which the program received the moneys if that 883
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 884
addiction program shall file the report no later than the first 885
day of March in the calendar year following the calendar year in 887
which the program received the fine moneys. The report shall 888
include statistics on the number of persons served by the alcohol 889
and drug addiction program, identify the types of alcohol and 890
drug addiction services provided to those persons, and include a 891
specific accounting of the purposes for which the fine moneys 892
received were used. No information contained in the report shall 893
identify, or enable a person to determine the identity of, any 894
person served by the alcohol and drug addiction program. Each 895
report received by a court of common pleas, a board of county 896
commissioners, or the attorney general is a public record open 897
for inspection under section 149.43 of the Revised Code. 898
(5) As used in divisions (H)(1) to (5) of this section: 900
(a) "Alcohol and drug addiction program" and "alcohol and 903
drug addiction services" have the same meanings as in section 904
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 907
alcohol and drug addiction program that is certified under 908
section 3793.06 of the Revised Code or licensed under section 909
3793.11 of the Revised Code by the department of alcohol and drug 911
addiction services.
Sec. 2929.13. (A) Except as provided in division (E), 921
(F), or (G) of this section and unless a specific sanction is 922
required to be imposed or is precluded from being imposed 923
pursuant to law, a court that imposes a sentence upon an offender 924
22
for a felony may impose any sanction or combination of sanctions 925
on the offender that are provided in sections 2929.14 to 2929.18 926
of the Revised Code. The sentence shall not impose an 927
unnecessary burden on state or local government resources. 928
If the offender is eligible to be sentenced to community 930
control sanctions, the court shall consider the appropriateness 932
of imposing a financial sanction pursuant to section 2929.18 of 933
the Revised Code or a sanction of community service pursuant to 935
section 2929.17 of the Revised Code as the sole sanction for the 936
offense. Except as otherwise provided in this division, if the 937
court is required to impose a mandatory prison term for the 938
offense for which sentence is being imposed, the court also may 939
impose a financial sanction pursuant to section 2929.18 of the 940
Revised Code but may not impose any additional sanction or 941
combination of sanctions under section 2929.16 or 2929.17 of the 942
Revised Code. 943
If the offender is being sentenced for a fourth degree 945
felony OMVI offense, in addition to the mandatory term of local 946
incarceration or the mandatory prison term required for the 948
offense by division (G)(1) or (2) of this section, the court 950
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 953
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 955
offender be sentenced to a mandatory term of local incarceration, 956
an additional community control sanction or combination of 958
community control sanctions under section 2929.16 or 2929.17 of 959
the Revised Code; 960
(2) If division (G)(2) of this section requires that the 962
offender be sentenced to a mandatory prison term, an additional 963
prison term as described in division (D)(4) of section 2929.14 of 964
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 967
(G) of this section, in sentencing an offender for a felony of 968
23
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 970
(a) In committing the offense, the offender caused 972
physical harm to a person. 973
(b) In committing the offense, the offender attempted to 976
cause or made an actual threat of physical harm to a person with 977
a deadly weapon.
(c) In committing the offense, the offender attempted to 980
cause or made an actual threat of physical harm to a person, and 981
the offender previously was convicted of an offense that caused 982
physical harm to a person.
(d) The offender held a public office or position of trust 985
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 986
or to bring those committing it to justice; or the offender's 987
professional reputation or position facilitated the offense or 988
was likely to influence the future conduct of others. 989
(e) The offender committed the offense for hire or as part 991
of an organized criminal activity. 992
(f) The offense is a sex offense that is a fourth or fifth 995
degree felony violation of section 2907.03, 2907.04, 2907.05, 996
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 997
Revised Code.
(g) The offender previously served a prison term. 999
(h) The offender previously was subject to a community 1,001
control sanction, and the offender committed another offense 1,003
while under the sanction.
(2)(a) If the court makes a finding described in division 1,006
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 1,007
and if the court, after considering the factors set forth in 1,008
section 2929.12 of the Revised Code, finds that a prison term is 1,010
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 1,012
offender is not amenable to an available community control 1,013
24
sanction, the court shall impose a prison term upon the offender. 1,014
(b) Except as provided in division (E), (F), or (G) of 1,016
this section, if the court does not make a finding described in 1,018
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 1,019
section and if the court, after considering the factors set forth 1,020
in section 2929.12 of the Revised Code, finds that a community 1,022
control sanction or combination of community control sanctions is 1,024
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 1,027
impose a community control sanction or combination of community 1,028
control sanctions upon the offender. 1,029
(C) Except as provided in division (E) or (F) of this 1,032
section, in determining whether to impose a prison term as a 1,033
sanction for a felony of the third degree or a felony drug 1,034
offense that is a violation of a provision of Chapter 2925. of 1,036
the Revised Code and that is specified as being subject to this 1,039
division for purposes of sentencing, the sentencing court shall 1,040
comply with the purposes and principles of sentencing under 1,041
section 2929.11 of the Revised Code and with section 2929.12 of 1,044
the Revised Code.
(D) Except as provided in division (E) or (F) of this 1,047
section, for a felony of the first or second degree and for a 1,048
felony drug offense that is a violation of any provision of 1,049
Chapter 2925., 3719., or 4729. of the Revised Code for which a 1,050
presumption in favor of a prison term is specified as being 1,051
applicable, it is presumed that a prison term is necessary in 1,052
order to comply with the purposes and principles of sentencing 1,053
under section 2929.11 of the Revised Code. Notwithstanding the 1,054
presumption established under this division, the sentencing court 1,055
may impose a community control sanction or a combination of 1,056
community control sanctions instead of a prison term on an 1,057
offender for a felony of the first or second degree or for a 1,058
felony drug offense that is a violation of any provision of 1,059
Chapter 2925., 3719., or 4729. of the Revised Code for which a
25
presumption in favor of a prison term is specified as being 1,060
applicable if it makes both of the following findings: 1,062
(1) A community control sanction or a combination of 1,064
community control sanctions would adequately punish the offender 1,066
and protect the public from future crime, because the applicable 1,067
factors under section 2929.12 of the Revised Code indicating a 1,069
lesser likelihood of recidivism outweigh the applicable factors 1,071
under that section indicating a greater likelihood of recidivism. 1,073
(2) A community control sanction or a combination of 1,075
community control sanctions would not demean the seriousness of 1,077
the offense, because one or more factors under section 2929.12 of 1,078
the Revised Code that indicate that the offender's conduct was 1,079
less serious than conduct normally constituting the offense are 1,080
applicable, and they outweigh the applicable factors under that 1,081
section that indicate that the offender's conduct was more 1,082
serious than conduct normally constituting the offense. 1,083
(E)(1) Except as provided in division (F) of this section, 1,086
for any drug offense that is a violation of any provision of 1,087
Chapter 2925. of the Revised Code and that is a felony of the 1,088
third, fourth, or fifth degree, the applicability of a 1,089
presumption under division (D) of this section in favor of a 1,090
prison term or of division (B) or (C) of this section in 1,091
determining whether to impose a prison term for the offense shall 1,093
be determined as specified in section 2925.02, 2925.03, 2925.04, 1,094
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 1,095
2925.36, or 2925.37 of the Revised Code, whichever is applicable 1,098
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 1,100
to a felony drug offense in violation of a provision of Chapter 1,101
2925., 3719., or 4729. of the Revised Code violates the 1,102
conditions of a community control sanction imposed for the 1,103
offense solely by possessing or using a controlled substance and 1,105
if the offender has not failed to meet the conditions of any drug 1,106
treatment program in which the offender was ordered to
26
participate as a sanction for the offense, the court, as 1,107
punishment for the violation of the sanction, shall order that 1,108
the offender participate in a drug treatment program or in 1,109
alcoholics anonymous, narcotics anonymous, or a similar program 1,110
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 1,111
forth in section 2929.11 of the Revised Code. If the court 1,112
determines that an order of that nature would not be consistent 1,113
with those purposes and principles or if the offender violated 1,114
the conditions of a drug treatment program in which the offender 1,115
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 1,116
sanction, including a prison term. 1,117
(F) Notwithstanding divisions (A) to (E) of this section, 1,120
the court shall impose a prison term or terms under sections 1,121
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 1,122
Revised Code and except as specifically provided in section 1,123
2929.20 of the Revised Code or when parole is authorized for the 1,124
offense under section 2967.13 of the Revised Code, shall not 1,125
reduce the terms pursuant to section 2929.20, section 2967.193, 1,126
or any other provision of Chapter 2967. or Chapter 5120. of the 1,128
Revised Code for any of the following offenses: 1,129
(1) Aggravated murder when death is not imposed or murder; 1,131
(2) Any rape, regardless of whether force was involved and 1,133
regardless of the age of the victim, or an attempt to commit rape 1,134
by force when the victim is under thirteen years of age; 1,137
(3) Gross sexual imposition or sexual battery, if the 1,139
victim is under thirteen years of age, if the offender previously 1,141
was convicted of or pleaded guilty to rape, the former offense of 1,142
felonious sexual penetration, gross sexual imposition, or sexual 1,143
battery, and if the victim of the previous offense was under 1,145
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 1,148
2903.08 of the Revised Code if the section requires the
27
imposition of a prison term; 1,149
(5) A first, second, or third degree felony drug offense 1,152
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 1,153
4729.99 of the Revised Code, whichever is applicable regarding 1,155
the violation, requires the imposition of a mandatory prison 1,156
term;
(6) Any offense that is a first or second degree felony 1,158
and that is not set forth in division (F)(1), (2), (3), or (4) of 1,160
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 1,162
degree felony, or an offense under an existing or former law of 1,163
this state, another state, or the United States that is or was 1,164
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 1,166
of the Revised Code, that is a felony, if the offender had a 1,167
firearm on or about the offender's person or under the offender's 1,168
control while committing the felony, with respect to a portion of 1,169
the sentence imposed pursuant to division (D)(1)(a) of section 1,171
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 1,173
the Revised Code when the most serious offense in the pattern of 1,175
corrupt activity that is the basis of the offense is a felony of 1,176
the first degree;
(9) Any sexually violent offense for which the offender 1,178
also is convicted of or pleads guilty to a sexually violent 1,179
predator specification that was included in the indictment, count 1,180
in the indictment, or information charging the sexually violent 1,181
offense;
(10) A violation of division (A)(1) or (2) of section 1,183
2921.36 of the Revised Code, or a violation of division (C) of 1,184
that section involving an item listed in division (A)(1) or (2) 1,185
of that section, if the offender is an officer or employee of the 1,186
department of rehabilitation and correction.
28
(G) Notwithstanding divisions (A) to (E) of this section, 1,189
if an offender is being sentenced for a fourth degree felony OMVI 1,190
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 1,191
accordance with the following: 1,192
(1) Except as provided in division (G)(2) of this section, 1,194
the court shall impose upon the offender a mandatory term of 1,195
local incarceration of sixty days as specified in division (A)(4) 1,196
of section 4511.99 of the Revised Code and shall not reduce the 1,197
term pursuant to section 2929.20, 2967.193, or any other 1,198
provision of the Revised Code. The court that imposes a 1,199
mandatory term of local incarceration under this division shall 1,200
specify whether the term is to be served in a jail, a 1,201
community-based correctional facility, a halfway house, or an 1,202
alternative residential facility, and the offender shall serve 1,203
the term in the type of facility specified by the court. The 1,204
court shall not sentence the offender to a prison term and shall 1,205
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 1,206
incarceration imposed under division (G)(1) of this section is 1,207
not subject to extension under section 2967.11 of the Revised 1,208
Code, to a period of post-release control under section 2967.28 1,209
of the Revised Code, or to any other Revised Code provision that 1,210
pertains to a prison term.
(2) If the offender previously has been sentenced to a 1,212
mandatory term of local incarceration pursuant to division (G)(1) 1,213
of this section for a fourth degree felony OMVI offense, the 1,214
court shall impose upon the offender a mandatory prison term of 1,215
sixty days as specified in division (A)(4) of section 4511.99 of 1,216
the Revised Code and shall not reduce the term pursuant to 1,217
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 1,218
to a mandatory term of local incarceration pursuant to division 1,219
(G)(1) of this section for a fourth degree felony OMVI offense be 1,220
29
sentenced to another mandatory term of local incarceration under 1,221
that division for a fourth degree felony OMVI offense. The court 1,222
shall not sentence the offender to a community control sanction 1,223
under section 2929.16 or 2929.17 of the Revised Code. The 1,224
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 1,225
intensive program prison established pursuant to section 5120.033 1,226
of the Revised Code if the department gave the sentencing judge 1,227
prior notice of its intent to place the offender in an intensive 1,228
program prison established under that section and if the judge 1,229
did not notify the department that the judge disapproved the 1,230
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 1,231
that is privately operated and managed by a contractor pursuant 1,232
to a contract entered into under section 9.06 of the Revised 1,233
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 1,235
make a reasonable effort to ensure that a sufficient number of 1,236
offenders sentenced to a mandatory prison term under this 1,237
division are placed in the privately operated and managed prison 1,238
so that the privately operated and managed prison has full 1,239
occupancy.
(b) Unless the privately operated and managed prison has 1,241
full occupancy, the department of rehabilitation and correction 1,242
shall not place any offender sentenced to a mandatory prison term 1,243
under this division in any intensive program prison established 1,244
pursuant to section 5120.033 of the Revised Code other than the 1,246
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 1,249
oriented offense committed on or after January 1, 1997, the judge 1,250
shall require the offender to submit to a DNA specimen collection 1,252
procedure pursuant to section 2901.07 of the Revised Code if 1,254
either of the following applies:
(1) The offense was a sexually violent offense, and the 1,256
30
offender also was convicted of or pleaded guilty to a sexually 1,257
violent predator specification that was included in the 1,258
indictment, count in the indictment, or information charging the 1,259
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 1,261
offense determines pursuant to division (B) of section 2950.09 of 1,262
the Revised Code that the offender is a sexual predator. 1,263
(I) If an offender is being sentenced for a sexually 1,266
oriented offense committed on or after January 1, 1997, the judge 1,267
shall include in the sentence a summary of the offender's duty to 1,269
register pursuant to section 2950.04 of the Revised Code, the 1,270
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 1,271
section 2950.05 of the Revised Code, the offender's duty to 1,272
periodically verify the offender's current residence address 1,273
pursuant to section 2950.06 of the Revised Code, and the duration 1,274
of the duties. The judge shall inform the offender, at the time 1,275
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 1,277
Code, shall perform the duties specified in that section. 1,278
Sec. 2929.18. (A) Except as otherwise provided in this 1,287
division and in addition to imposing court costs pursuant to 1,288
section 2947.23 of the Revised Code, the court imposing a 1,289
sentence upon an offender for a felony may sentence the offender 1,290
to any financial sanction or combination of financial sanctions 1,292
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 1,293
offender a fine in accordance with that section. If the offender 1,294
is sentenced to a sanction of confinement pursuant to section 1,295
2929.14 or 2929.16 of the Revised Code that is to be served in a 1,296
facility operated by a board of county commissioners, a 1,297
legislative authority of a municipal corporation, or another 1,298
governmental entity, the court imposing sentence upon an offender 1,299
for a felony shall comply with division (A)(4)(b) of this section 1,300
31
in determining whether to sentence the offender to a financial 1,301
sanction described in division (A)(4)(a) of this section. 1,302
Financial sanctions that may be imposed pursuant to this section 1,303
include, but are not limited to, the following: 1,304
(1) Restitution by the offender to the victim of the 1,306
offender's crime or any survivor of the victim, in an amount 1,307
based on the victim's economic loss. The court shall order that 1,308
the restitution be made to the adult probation department that 1,309
serves the county on behalf of the victim, to the clerk of 1,310
courts, or to another agency designated by the court, except that 1,311
it may include a requirement that reimbursement be made to third 1,312
parties for amounts paid to or on behalf of the victim or any 1,313
survivor of the victim for economic loss resulting from the 1,314
offense. If reimbursement to third parties is required, the 1,315
reimbursement shall be made to any governmental agency to repay 1,316
any amounts paid by the agency to or on behalf of the victim or 1,317
any survivor of the victim for economic loss resulting from the 1,318
offense before any reimbursement is made to any person other than 1,319
a governmental agency. If no governmental agency incurred 1,320
expenses for economic loss of the victim or any survivor of the 1,321
victim resulting from the offense, the reimbursement shall be 1,322
made to any person other than a governmental agency to repay 1,323
amounts paid by that person to or on behalf of the victim or any 1,324
survivor of the victim for economic loss of the victim resulting 1,326
from the offense. The court shall not require an offender to 1,327
repay an insurance company for any amounts the company paid on 1,328
behalf of the offender pursuant to a policy of insurance. At 1,329
sentencing, the court shall determine the amount of restitution 1,331
to be made by the offender. All restitution payments shall be 1,332
credited against any recovery of economic loss in a civil action 1,333
brought by the victim or any survivor of the victim against the 1,334
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 1,336
this section, a fine payable by the offender to the state, to a 1,337
32
political subdivision, or as described in division (B)(2) of this 1,339
section to one or more law enforcement agencies, with the amount 1,340
of the fine based on a standard percentage of the offender's 1,341
daily income over a period of time determined by the court and 1,342
based upon the seriousness of the offense. A fine ordered under 1,343
this division shall not exceed the statutory fine amount 1,344
authorized for the level of the offense under division (A)(3) of 1,345
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 1,347
this section, a fine payable by the offender to the state, to a 1,348
political subdivision when appropriate for a felony, or as 1,349
described in division (B)(2) of this section to one or more law 1,351
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 1,354
thousand dollars;
(b) For a felony of the second degree, not more than 1,357
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 1,360
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,363
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,366
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,369
reimbursement by the offender of any or all of the costs of 1,371
sanctions incurred by the government, including the following: 1,372
(i) All or part of the costs of implementing any community 1,375
control sanction;
(ii) All or part of the costs of confinement under a 1,378
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,379
Revised Code, provided that the amount of reimbursement ordered 1,380
under this division shall not exceed ten thousand dollars or the 1,381
total amount of reimbursement the offender is able to pay as 1,382
determined at a hearing, whichever amount is greater; 1,383
33
(b) If the offender is sentenced to a sanction of 1,385
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,386
Code that is to be served in a facility operated by a board of 1,388
county commissioners, a legislative authority of a municipal 1,389
corporation, or another local governmental entity, one of the
following applies: 1,390
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,392
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 1,393
Revised Code, the board, legislative authority, or other local 1,394
governmental entity requires prisoners convicted of an offense 1,395
other than a minor misdemeanor to reimburse the county, municipal 1,396
corporation, or other entity for its expenses incurred by reason 1,397
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 1,398
the offender to reimburse the county, municipal corporation, or 1,399
other local governmental entity for the cost of the confinement. 1,400
In addition, the court may impose any other financial sanction 1,401
under this section.
(ii) If, pursuant to any section identified in division 1,403
(A)(4)(b)(i) of this section, the board, legislative authority, 1,405
or other local governmental entity has adopted a resolution or 1,407
ordinance specifying that prisoners convicted of felonies are not 1,408
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,410
the prisoner's confinement, the court shall not impose a 1,411
financial sanction under division (A)(4)(a) of this section that 1,412
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 1,413
the confinement, but the court may impose any other financial 1,415
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,417
of this section applies, the court may impose, but is not 1,418
required to impose, any financial sanction under this section. 1,419
(c) Reimbursement by the offender for costs pursuant to 1,422
34
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 1,425
violation of any provision of Chapter 2925., 3719., or 4729. of 1,426
the Revised Code, the sentencing court shall impose upon the 1,427
offender a mandatory fine of at least one-half of, but not more 1,428
than, the maximum statutory fine amount authorized for the level 1,429
of the offense pursuant to division (A)(3) of this section. If 1,430
an offender alleges in an affidavit filed with the court prior to 1,432
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,433
indigent person and is unable to pay the mandatory fine described 1,434
in this division, the court shall not impose the mandatory fine 1,435
upon the offender.
(2) Any mandatory fine imposed upon an offender under 1,437
division (B)(1) of this section and any fine imposed upon an 1,439
offender under division (A)(2) or (3) of this section for any 1,440
fourth or fifth degree felony violation of any provision of 1,441
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,442
to law enforcement agencies pursuant to division (F) of section 1,443
2925.03 of the Revised Code. 1,444
(3) For a fourth degree felony OMVI offense, the 1,448
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99 of 1,450
the Revised Code. The mandatory fine so imposed shall be 1,451
disbursed as provided in division (A)(4) of section 4511.99 of 1,453
the Revised Code. 1,454
(4) Notwithstanding any fine otherwise authorized or 1,457
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,458
this section or section 2929.31 of the Revised Code for a 1,459
violation of section 2925.03 or 2925.07 of the Revised Code, in 1,460
addition to any penalty or sanction imposed for that offense 1,461
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 1,462
of the Revised Code and in addition to the forfeiture of property 1,464
in connection with the offense as prescribed in sections 2925.42 1,465
35
to 2925.45 of the Revised Code, the court that sentences an 1,467
offender for a violation of section 2925.03 or 2925.07 of the 1,468
Revised Code may impose upon the offender a fine in addition to 1,469
any fine imposed under division (A)(2) or (3) of this section and 1,471
in addition to any mandatory fine imposed under division (B)(1) 1,472
of this section. The fine imposed under division (B)(4) of this 1,473
section shall be used as provided in division (H) of section 1,474
2925.03 of the Revised Code. A fine imposed under division 1,475
(B)(4) of this section shall not exceed whichever of the 1,476
following is applicable:
(a) The total value of any personal or real property in 1,479
which the offender has an interest and that was used in the 1,480
course of, intended for use in the course of, derived from, or 1,481
realized through conduct in violation of section 2925.03 or 1,482
2925.07 of the Revised Code, including any property that 1,483
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 1,486
type described in division (B)(4)(a) of this section or if it is 1,487
not possible to ascertain whether the offender has an interest in 1,489
any property of that type in which the offender may have an 1,490
interest, the amount of the mandatory fine for the offense 1,491
imposed under division (B)(1) of this section or, if no mandatory 1,492
fine is imposed under division (B)(1) of this section, the amount 1,493
of the fine authorized for the level of the offense imposed under 1,495
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,498
section, the court shall determine whether the offender has an 1,499
interest in any property of the type described in division 1,500
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,502
or (7) of this section, a fine that is authorized and imposed 1,503
under division (B)(4) of this section does not limit or affect 1,505
the imposition of the penalties and sanctions for a violation of 1,506
section 2925.03 or 2925.07 of the Revised Code prescribed under 1,507
those sections or sections 2929.11 to 2929.18 of the Revised Code 1,510
36
and does not limit or affect a forfeiture of property in 1,511
connection with the offense as prescribed in sections 2925.42 to 1,512
2925.45 of the Revised Code. 1,513
(6) If the sum total of a mandatory fine amount imposed 1,515
for a first, second, or third degree felony violation of section 1,516
2925.03 or a third degree felony violation of section 2925.07 of 1,518
the Revised Code under division (B)(1) of this section plus the 1,519
amount of any fine imposed under division (B)(4) of this section 1,521
does not exceed the maximum statutory fine amount authorized for 1,522
the level of the offense under division (A)(3) of this section or 1,523
section 2929.31 of the Revised Code, the court may impose a fine 1,525
for the offense in addition to the mandatory fine and the fine 1,526
imposed under division (B)(4) of this section. The sum total of 1,527
the amounts of the mandatory fine, the fine imposed under 1,528
division (B)(4) of this section, and the additional fine imposed 1,529
under division (B)(6) of this section shall not exceed the 1,531
maximum statutory fine amount authorized for the level of the 1,532
offense under division (A)(3) of this section or section 2929.31 1,533
of the Revised Code. The clerk of the court shall pay any fine 1,534
that is imposed under division (B)(6) of this section to the 1,535
county, township, municipal corporation, park district as created 1,537
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,538
state law enforcement agencies in this state that primarily were 1,539
responsible for or involved in making the arrest of, and in 1,540
prosecuting, the offender pursuant to division (F) of section 1,541
2925.03 of the Revised Code. 1,542
(7) If the sum total of the amount of a mandatory fine 1,544
imposed for a first, second, or third degree felony violation of 1,545
section 2925.03 or a third degree felony violation of section 1,546
2925.07 of the Revised Code plus the amount of any fine imposed 1,548
under division (B)(4) of this section exceeds the maximum 1,549
statutory fine amount authorized for the level of the offense 1,550
under division (A)(3) of this section or section 2929.31 of the 1,551
Revised Code, the court shall not impose a fine under division 1,552
37
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,555
the offender pursuant to division (A)(4)(a) of this section to 1,557
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,559
confine offenders pursuant to sanctions imposed under section 1,560
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,561
The treasurer of state shall deposit the reimbursements in the 1,562
confinement cost reimbursement fund that is hereby created in the 1,563
state treasury. The department of rehabilitation and correction 1,564
shall use the amounts deposited in the fund to fund the operation 1,565
of facilities used to confine offenders pursuant to sections 1,566
2929.14 and 2929.16 of the Revised Code. 1,567
(2) Except as provided in section 2951.021 of the Revised 1,569
Code, the offender shall pay reimbursements imposed upon the 1,570
offender pursuant to division (A)(4)(a) of this section to pay 1,572
the costs incurred by a county pursuant to any sanction imposed 1,573
under this section or section 2929.16 or 2929.17 of the Revised 1,574
Code or in operating a facility used to confine offenders 1,575
pursuant to a sanction imposed under section 2929.16 of the 1,576
Revised Code to the county treasurer. The county treasurer shall 1,577
deposit the reimbursements in the sanction cost reimbursement 1,578
fund that each board of county commissioners shall create in its 1,579
county treasury. The county shall use the amounts deposited in 1,580
the fund to pay the costs incurred by the county pursuant to any 1,581
sanction imposed under this section or section 2929.16 or 2929.17 1,582
of the Revised Code or in operating a facility used to confine 1,584
offenders pursuant to a sanction imposed under section 2929.16 of 1,585
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,587
Code, the offender shall pay reimbursements imposed upon the 1,588
offender pursuant to division (A)(4)(a) of this section to pay 1,590
the costs incurred by a municipal corporation pursuant to any 1,591
sanction imposed under this section or section 2929.16 or 2929.17 1,592
38
of the Revised Code or in operating a facility used to confine 1,593
offenders pursuant to a sanction imposed under section 2929.16 of 1,594
the Revised Code to the treasurer of the municipal corporation. 1,596
The treasurer shall deposit the reimbursements in a special fund 1,597
that shall be established in the treasury of each municipal 1,598
corporation. The municipal corporation shall use the amounts 1,599
deposited in the fund to pay the costs incurred by the municipal 1,600
corporation pursuant to any sanction imposed under this section 1,601
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,602
a facility used to confine offenders pursuant to a sanction 1,603
imposed under section 2929.16 of the Revised Code. 1,604
(4) Except as provided in section 2951.021 of the Revised 1,606
Code, the offender shall pay reimbursements imposed pursuant to 1,607
division (A)(4)(a) of this section for the costs incurred by a 1,608
private provider pursuant to a sanction imposed under this 1,609
section or section 2929.16 or 2929.17 of the Revised Code to the 1,610
provider.
(D) A financial sanction imposed pursuant to division (A) 1,612
or (B) of this section is a judgment in favor of the state or a 1,613
political subdivision in which the court that imposed the 1,614
financial sanction is located, and the offender subject to the 1,615
sanction is the judgment debtor, except that a financial sanction 1,616
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,618
this section upon an offender who is incarcerated in a state 1,619
facility or a municipal jail is a judgment in favor of the state 1,620
or the municipal corporation, a financial sanction of 1,621
reimbursement imposed upon an offender pursuant to this section 1,622
for costs incurred by a private provider of sanctions is a 1,623
judgment in favor of the private provider, and a financial 1,624
sanction of restitution imposed pursuant to this section is a 1,625
judgment in favor of the victim of the offender's criminal act. 1,626
Once the financial sanction is imposed as a judgment, the victim, 1,627
private provider, state, or political subdivision may bring an 1,628
action to do any of the following:
39
(1) Obtain execution of the judgment through any available 1,631
procedure, including:
(a) An execution against the property of the judgment 1,634
debtor under Chapter 2329. of the Revised Code; 1,635
(b) An execution against the person of the judgment debtor 1,638
under Chapter 2331. of the Revised Code; 1,639
(c) A proceeding in aid of execution under Chapter 2333. 1,642
of the Revised Code, including: 1,643
(i) A proceeding for the examination of the judgment 1,646
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,647
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,650
judgment debtor under section 2333.28 of the Revised Code; 1,651
(iii) A creditor's suit under section 2333.01 of the 1,654
Revised Code.
(d) The attachment of the property of the judgment debtor 1,657
under Chapter 2715. of the Revised Code; 1,658
(e) The garnishment of the property of the judgment debtor 1,661
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,663
judgment debtor under section 1321.33 of the Revised Code. 1,665
(E) A court that imposes a financial sanction upon an 1,667
offender may hold a hearing if necessary to determine whether the 1,668
offender is able to pay the sanction or is likely in the future 1,669
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,672
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,674
enter into contracts with one or more public agencies or private 1,675
vendors for the collection of, amounts due under the financial 1,676
sanction imposed pursuant to this section or section 2929.25 of 1,677
the Revised Code. Before entering into a contract for the 1,678
collection of amounts due from an offender pursuant to any 1,679
financial sanction imposed pursuant to this section or section 1,680
40
2929.25 of the Revised Code, a court shall comply with sections 1,681
307.86 to 307.92 of the Revised Code. 1,682
(G) If a court that imposes a financial sanction under 1,685
division (A) or (B) of this section finds that an offender 1,686
satisfactorily has completed all other sanctions imposed upon the 1,687
offender and that all restitution that has been ordered has been 1,688
paid as ordered, the court may suspend any financial sanctions 1,689
imposed pursuant to this section or section 2929.25 of the 1,690
Revised Code that have not been paid. 1,691
(H) No financial sanction imposed under this section or 1,694
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,695
Section 2. That existing sections 2925.03, 2929.13, and 1,697
2929.18 and section 2925.07 of the Revised Code are hereby 1,698
repealed.