As Reported by the Senate Judiciary 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-CALVERT-HARTNETT-ROBINSON-
HARRIS-GRENDELL-CATES-VESPER-O'BRIEN-SCHUCK-DISTEL-YOUNG 11
_________________________________________________________________ 12
A B I L L
To amend sections 2925.03, 2929.13, and 2929.18 and 14
to repeal section 2925.07 of the Revised Code to 15
expand the drug trafficking offenses to also
include a prohibition against certain acts 16
related to the shipment, transportation,
delivery, or distribution of a controlled 17
substance for sale or resale.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 2925.03, 2929.13, and 2929.18 of 21
the Revised Code be amended to read as follows: 22
Sec. 2925.03. (A) No person shall knowingly sell DO ANY 31
OF THE FOLLOWING: 32
(1) SELL or offer to sell a controlled substance; 35
(2) PREPARE FOR SHIPMENT, SHIP, TRANSPORT, DELIVER, 37
PREPARE FOR DISTRIBUTION, OR DISTRIBUTE A CONTROLLED SUBSTANCE, 38
WHEN THE OFFENDER KNOWS OR HAS REASONABLE CAUSE TO BELIEVE THAT 39
THE CONTROLLED SUBSTANCE IS INTENDED FOR SALE OR RESALE BY THE 40
OFFENDER OR ANOTHER PERSON.
(B) This section does not apply to any of the following: 42
(1) Manufacturers, licensed health professionals 44
authorized to prescribe drugs, pharmacists, owners of pharmacies, 46
and other persons whose conduct is in accordance with Chapters 47
3719., 4715., 4723., 4729., 4731., and 4741. of the Revised Code; 48
2
(2) If the offense involves an anabolic steroid, any 50
person who is conducting or participating in a research project 51
involving the use of an anabolic steroid if the project has been 52
approved by the United States food and drug administration; 53
(3) Any person who sells, offers for sale, prescribes, 55
dispenses, or administers for livestock or other nonhuman species 56
an anabolic steroid that is expressly intended for administration 57
through implants to livestock or other nonhuman species and 58
approved for that purpose under the "Federal Food, Drug, and 59
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 60
and is sold, offered for sale, prescribed, dispensed, or 61
administered for that purpose in accordance with that act. 62
(C) Whoever violates division (A) of this section is 64
guilty of one of the following: 65
(1) If the drug involved in the violation is any compound, 68
mixture, preparation, or substance included in schedule I or 69
schedule II, with the exception of marihuana, cocaine, L.S.D., 70
heroin, and hashish, whoever violates division (A) of this 72
section is guilty of aggravated trafficking in drugs. The 73
penalty for the offense shall be determined as follows: 74
(a) Except as otherwise provided in division (C)(1)(b), 77
(c), (d), (e), or (f) of this section, aggravated trafficking in 78
drugs is a felony of the fourth degree, and division (C) of 80
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 82
(b) Except as otherwise provided in division (C)(1)(c), 85
(d), (e), or (f) of this section, if the offense was committed in 86
the vicinity of a school or in the vicinity of a juvenile, 87
aggravated trafficking in drugs is a felony of the third degree, 88
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 89
(c) Except as otherwise provided in this division, if the 91
amount of the drug involved exceeds the bulk amount but does not 93
exceed five times the bulk amount, aggravated trafficking in 94
3
drugs is a felony of the third degree, and the court shall impose 95
as a mandatory prison term one of the prison terms prescribed for 96
a felony of the third degree. If the amount of the drug involved 97
is within that range and if the offense was committed in the 98
vicinity of a school or in the vicinity of a juvenile, aggravated 99
trafficking in drugs is a felony of the second degree, and the 100
court shall impose as a mandatory prison term one of the prison 101
terms prescribed for a felony of the second degree. 102
(d) Except as otherwise provided in this division, if the 104
amount of the drug involved exceeds five times the bulk amount 106
but does not exceed fifty times the bulk amount, aggravated 107
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 108
terms prescribed for a felony of the second degree. If the 109
amount of the drug involved is within that range and if the 110
offense was committed in the vicinity of a school or in the 111
vicinity of a juvenile, aggravated trafficking in drugs is a 112
felony of the first degree, and the court shall impose as a 113
mandatory prison term one of the prison terms prescribed for a 114
felony of the first degree. 115
(e) If the amount of the drug involved exceeds fifty times 118
the bulk amount but does not exceed one hundred times the bulk 119
amount and regardless of whether the offense was committed in the 120
vicinity of a school or in the vicinity of a juvenile, aggravated 121
trafficking in drugs is a felony of the first degree, and the 122
court shall impose as a mandatory prison term one of the prison 123
terms prescribed for a felony of the first degree. 124
(f) If the amount of the drug involved exceeds one hundred 127
times the bulk amount and regardless of whether the offense was 128
committed in the vicinity of a school or in the vicinity of a 129
juvenile, aggravated trafficking in drugs is a felony of the 130
first degree, and the court shall impose as a mandatory prison 131
term the maximum prison term prescribed for a felony of the first 132
degree and may impose an additional prison term prescribed for a 133
4
major drug offender under division (D)(3)(b) of section 2929.14 134
of the Revised Code. 135
(2) If the drug involved in the violation is any compound, 138
mixture, preparation, or substance included in schedule III, IV, 139
or V, whoever violates division (A) of this section is guilty of 140
trafficking in drugs. The penalty for the offense shall be 141
determined as follows: 142
(a) Except as otherwise provided in division (C)(2)(b), 145
(c), (d), or (e) of this section, trafficking in drugs is a 147
felony of the fifth degree, and division (C) of section 2929.13 148
of the Revised Code applies in determining whether to impose a 149
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 152
(d), or (e) of this section, if the offense was committed in the 153
vicinity of a school or in the vicinity of a juvenile, 154
trafficking in drugs is a felony of the fourth degree, and 155
division (C) of section 2929.13 of the Revised Code applies in 156
determining whether to impose a prison term on the offender. 158
(c) Except as otherwise provided in this division, if the 160
amount of the drug involved exceeds the bulk amount but does not 162
exceed five times the bulk amount, trafficking in drugs is a 163
felony of the fourth degree, and there is a presumption for a 164
prison term for the offense. If the amount of the drug involved 165
is within that range and if the offense was committed in the 166
vicinity of a school or in the vicinity of a juvenile, 167
trafficking in drugs is a felony of the third degree, and there 168
is a presumption for a prison term for the offense. 169
(d) Except as otherwise provided in this division, if the 171
amount of the drug involved exceeds five times the bulk amount 173
but does not exceed fifty times the bulk amount, trafficking in 174
drugs is a felony of the third degree, and there is a presumption 175
for a prison term for the offense. If the amount of the drug 176
involved is within that range and if the offense was committed in 177
the vicinity of a school or in the vicinity of a juvenile, 178
5
trafficking in drugs is a felony of the second degree, and there 179
is a presumption for a prison term for the offense. 180
(e) Except as otherwise provided in this division, if the 182
amount of the drug involved exceeds fifty times the bulk amount, 184
trafficking in drugs is a felony of the second degree, and the 185
court shall impose as a mandatory prison term one of the prison 186
terms prescribed for a felony of the second degree. If the 187
amount of the drug involved exceeds fifty times the bulk amount 188
and if the offense was committed in the vicinity of a school or 189
in the vicinity of a juvenile, trafficking in drugs is a felony 190
of the first degree, and the court shall impose as a mandatory 191
prison term one of the prison terms prescribed for a felony of 192
the first degree. 193
(3) If the drug involved in the violation is marihuana or 195
a compound, mixture, preparation, or substance containing 196
marihuana other than hashish, whoever violates division (A) of 198
this section is guilty of trafficking in marihuana. The penalty 199
for the offense shall be determined as follows: 200
(a) Except as otherwise provided in division (C)(3)(b), 203
(c), (d), (e), (f), or (g) of this section, trafficking in 204
marihuana is a felony of the fifth degree, and division (C) of 207
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 208
(b) Except as otherwise provided in division (C)(3)(c), 211
(d), (e), (f), or (g) of this section, if the offense was 213
committed in the vicinity of a school or in the vicinity of a 214
juvenile, trafficking in marihuana is a felony of the fourth 215
degree, and division (C) of section 2929.13 of the Revised Code 216
applies in determining whether to impose a prison term on the 217
offender.
(c) Except as otherwise provided in this division, if the 219
amount of the drug involved exceeds two hundred grams but does 221
not exceed one thousand grams, trafficking in marihuana is a 222
felony of the fourth degree, and division (C) of section 2929.13 223
6
of the Revised Code applies in determining whether to impose a 225
prison term on the offender. If the amount of the drug involved 226
is within that range and if the offense was committed in the 227
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 228
division (C) of section 2929.13 of the Revised Code applies in 229
determining whether to impose a prison term on the offender. 231
(d) Except as otherwise provided in this division, if the 233
amount of the drug involved exceeds one thousand grams but does 235
not exceed five thousand grams, trafficking in marihuana is a 236
felony of the third degree, and division (C) of section 2929.13 237
of the Revised Code applies in determining whether to impose a 239
prison term on the offender. If the amount of the drug involved 240
is within that range and if the offense was committed in the 241
vicinity of a school or in the vicinity of a juvenile, 242
trafficking in marihuana is a felony of the second degree, and 243
there is a presumption that a prison term shall be imposed for 244
the offense.
(e) Except as otherwise provided in this division, if the 246
amount of the drug involved exceeds five thousand grams but does 248
not exceed twenty thousand grams, trafficking in marihuana is a 249
felony of the third degree, and there is a presumption that a 250
prison term shall be imposed for the offense. If the amount of 251
the drug involved is within that range and if the offense was 252
committed in the vicinity of a school or in the vicinity of a 253
juvenile, trafficking in marihuana is a felony of the second 254
degree, and there is a presumption that a prison term shall be 255
imposed for the offense. 256
(f) Except as otherwise provided in this division, if the 258
amount of the drug involved exceeds twenty thousand grams, 260
trafficking in marihuana is a felony of the second degree, and 261
the court shall impose as a mandatory prison term the maximum 262
prison term prescribed for a felony of the second degree. If the 263
amount of the drug involved exceeds twenty thousand grams and if 264
7
the offense was committed in the vicinity of a school or in the 265
vicinity of a juvenile, trafficking in marihuana is a felony of 266
the first degree, and the court shall impose as a mandatory 267
prison term the maximum prison term prescribed for a felony of 268
the first degree. 269
(g) Except as otherwise provided in this division, if the 272
offense involves a gift of twenty grams or less of marihuana, 273
trafficking in marihuana is a minor misdemeanor upon a first 274
offense and a misdemeanor of the third degree upon a subsequent 275
offense. If the offense involves a gift of twenty grams or less 276
of marihuana and if the offense was committed in the vicinity of 277
a school or in the vicinity of a juvenile, trafficking in 278
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 280
compound, mixture, preparation, or substance containing cocaine, 281
whoever violates division (A) of this section is guilty of 283
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 284
(a) Except as otherwise provided in division (C)(4)(b), 287
(c), (d), (e), (f), or (g) of this section, trafficking in 288
cocaine is a felony of the fifth degree, and division (C) of 290
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 292
(b) Except as otherwise provided in division (C)(4)(c), 295
(d), (e), (f), or (g) of this section, if the offense was 296
committed in the vicinity of a school or in the vicinity of a 298
juvenile, trafficking in cocaine is a felony of the fourth 299
degree, and division (C) of section 2929.13 of the Revised Code 300
applies in determining whether to impose a prison term on the 302
offender.
(c) Except as otherwise provided in this division, if the 304
amount of the drug involved exceeds five grams but does not 305
exceed ten grams of cocaine that is not crack cocaine or exceeds 307
one gram but does not exceed five grams of crack cocaine, 309
8
trafficking in cocaine is a felony of the fourth degree, and 310
there is a presumption for a prison term for the offense. If the 311
amount of the drug involved is within one of those ranges and if 312
the offense was committed in the vicinity of a school or in the 313
vicinity of a juvenile, trafficking in cocaine is a felony of the 314
third degree, and there is a presumption for a prison term for 315
the offense.
(d) Except as otherwise provided in this division, if the 317
amount of the drug involved exceeds ten grams but does not exceed 318
one hundred grams of cocaine that is not crack cocaine or exceeds 320
five grams but does not exceed ten grams of crack cocaine, 321
trafficking in cocaine is a felony of the third degree, and the 322
court shall impose as a mandatory prison term one of the prison 323
terms prescribed for a felony of the third degree. If the amount 324
of the drug involved is within one of those ranges and if the 325
offense was committed in the vicinity of a school or in the 327
vicinity of a juvenile, trafficking in cocaine is a felony of the 330
second degree, and the court shall impose as a mandatory prison 331
term one of the prison terms prescribed for a felony of the 332
second degree.
(e) Except as otherwise provided in this division, if the 334
amount of the drug involved exceeds one hundred grams but does 335
not exceed five hundred grams of cocaine that is not crack 336
cocaine or exceeds ten grams but does not exceed twenty-five 338
grams of crack cocaine, trafficking in cocaine is a felony of the 340
second degree, and the court shall impose as a mandatory prison 341
term one of the prison terms prescribed for a felony of the 342
second degree. If the amount of the drug involved is within one 343
of those ranges and if the offense was committed in the vicinity 344
of a school or in the vicinity of a juvenile, trafficking in 346
cocaine is a felony of the first degree, and the court shall 348
impose as a mandatory prison term one of the prison terms 349
prescribed for a felony of the first degree. 350
(f) If the amount of the drug involved exceeds five 353
9
hundred grams but does not exceed one thousand grams of cocaine 354
that is not crack cocaine or exceeds twenty-five grams but does 355
not exceed one hundred grams of crack cocaine and regardless of 356
whether the offense was committed in the vicinity of a school or 357
in the vicinity of a juvenile, trafficking in cocaine is a felony 360
of the first degree, and the court shall impose as a mandatory 361
prison term one of the prison terms prescribed for a felony of 362
the first degree.
(g) If the amount of the drug involved exceeds one 365
thousand grams of cocaine that is not crack cocaine or exceeds 366
one hundred grams of crack cocaine and regardless of whether the 368
offense was committed in the vicinity of a school or in the 369
vicinity of a juvenile, trafficking in cocaine is a felony of the 370
first degree, and the court shall impose as a mandatory prison 371
term the maximum prison term prescribed for a felony of the first 372
degree and may impose an additional mandatory prison term 373
prescribed for a major drug offender under division (D)(3)(b) of 375
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 378
compound, mixture, preparation, or substance containing L.S.D., 379
whoever violates division (A) of this section is guilty of 380
trafficking in L.S.D. The penalty for the offense shall be 382
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 385
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 387
is a felony of the fifth degree, and division (C) of section 388
2929.13 of the Revised Code applies in determining whether to 390
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 393
(d), (e), (f), or (g) of this section, if the offense was 394
committed in the vicinity of a school or in the vicinity of a 395
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 397
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 398
10
(c) Except as otherwise provided in this division, if the 400
amount of the drug involved exceeds ten unit doses but does not 402
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 403
gram but does not exceed five grams of L.S.D. in a liquid 405
concentrate, liquid extract, or liquid distillate form, 407
trafficking in L.S.D. is a felony of the fourth degree, and there 410
is a presumption for a prison term for the offense. If the 411
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 412
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 414
third degree, and there is a presumption for a prison term for 415
the offense.
(d) Except as otherwise provided in this division, if the 417
amount of the drug involved exceeds fifty unit doses but does not 419
exceed two hundred fifty unit doses of L.S.D. in a solid form or 420
exceeds five grams but does not exceed twenty-five grams of 422
L.S.D. in a liquid concentrate, liquid extract, or liquid 424
distillate form, trafficking in L.S.D. is a felony of the third 427
degree, and the court shall impose as a mandatory prison term one 428
of the prison terms prescribed for a felony of the third degree. 429
If the amount of the drug involved is within that range and if 430
the offense was committed in the vicinity of a school or in the 431
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 433
second degree, and the court shall impose as a mandatory prison 434
term one of the prison terms prescribed for a felony of the 435
second degree.
(e) Except as otherwise provided in this division, if the 437
amount of the drug involved exceeds two hundred fifty unit doses 439
but does not exceed one thousand unit doses of L.S.D. in a solid 441
form or exceeds twenty-five grams but does not exceed one hundred 443
grams of L.S.D. in a liquid concentrate, liquid extract, or 445
liquid distillate form, trafficking in L.S.D. is a felony of the 447
second degree, and the court shall impose as a mandatory prison 448
term one of the prison terms prescribed for a felony of the 449
11
second degree. If the amount of the drug involved is within that 450
range and if the offense was committed in the vicinity of a 451
school or in the vicinity of a juvenile, trafficking in L.S.D. is 453
a felony of the first degree, and the court shall impose as a 454
mandatory prison term one of the prison terms prescribed for a 455
felony of the first degree.
(f) If the amount of the drug involved exceeds one 458
thousand unit doses but does not exceed five thousand unit doses 459
of L.S.D. in a solid form or exceeds one hundred grams but does 462
not exceed five hundred grams of L.S.D. in a liquid concentrate, 464
liquid extract, or liquid distillate form and regardless of 465
whether the offense was committed in the vicinity of a school or 466
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 467
of the first degree, and the court shall impose as a mandatory 468
prison term one of the prison terms prescribed for a felony of 469
the first degree. 470
(g) If the amount of the drug involved exceeds five 473
thousand unit doses of L.S.D. in a solid form or exceeds five 474
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 476
or liquid distillate form and regardless of whether the offense 479
was committed in the vicinity of a school or in the vicinity of a 480
juvenile, trafficking in L.S.D. is a felony of the first degree, 483
and the court shall impose as a mandatory prison term the maximum 484
prison term prescribed for a felony of the first degree and may 485
impose an additional mandatory prison term prescribed for a major 486
drug offender under division (D)(3)(b) of section 2929.14 of the 488
Revised Code.
(6) If the drug involved in the violation is heroin or a 490
compound, mixture, preparation, or substance containing heroin, 491
whoever violates division (A) of this section is guilty of 493
trafficking in heroin. The penalty for the offense shall be
determined as follows: 494
(a) Except as otherwise provided in division (C)(6)(b), 497
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 499
12
is a felony of the fifth degree, and division (C) of section 500
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 502
(b) Except as otherwise provided in division (C)(6)(c), 505
(d), (e), (f), or (g) of this section, if the offense was 506
committed in the vicinity of a school or in the vicinity of a 509
juvenile, trafficking in heroin is a felony of the fourth degree, 510
and division (C) of section 2929.13 of the Revised Code applies 512
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 514
amount of the drug involved exceeds one gram but does not exceed 516
five grams, trafficking in heroin is a felony of the fourth 517
degree, and there is a presumption for a prison term for the 518
offense. If the amount of the drug involved is within that range 519
and if the offense was committed in the vicinity of a school or 520
in the vicinity of a juvenile, trafficking in heroin is a felony 521
of the third degree, and there is a presumption for a prison term 522
for the offense. 523
(d) Except as otherwise provided in this division, if the 525
amount of the drug involved exceeds five grams but does not 527
exceed ten grams, trafficking in heroin is a felony of the third 528
degree, and there is a presumption for a prison term for the 529
offense. If the amount of the drug involved is within that range 530
and if the offense was committed in the vicinity of a school or 531
in the vicinity of a juvenile, trafficking in heroin is a felony 532
of the second degree, and there is a presumption for a prison 533
term for the offense. 534
(e) Except as otherwise provided in this division, if the 536
amount of the drug involved exceeds ten grams but does not exceed 538
fifty grams, trafficking in heroin is a felony of the second 539
degree, and the court shall impose as a mandatory prison term one 540
of the prison terms prescribed for a felony of the second degree. 541
If the amount of the drug involved is within that range and if 542
the offense was committed in the vicinity of a school or in the 543
13
vicinity of a juvenile, trafficking in heroin is a felony of the 544
first degree, and the court shall impose as a mandatory prison 545
term one of the prison terms prescribed for a felony of the first 546
degree. 547
(f) If the amount of the drug involved exceeds fifty grams 550
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or 551
in the vicinity of a juvenile, trafficking in heroin is a felony 553
of the first degree, and the court shall impose as a mandatory 554
prison term one of the prison terms prescribed for a felony of 555
the first degree.
(g) If the amount of the drug involved exceeds two hundred 558
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 559
trafficking in heroin is a felony of the first degree, and the 562
court shall impose as a mandatory prison term the maximum prison 563
term prescribed for a felony of the first degree and may impose 564
an additional mandatory prison term prescribed for a major drug 565
offender under division (D)(3)(b) of section 2929.14 of the 566
Revised Code. 567
(7) If the drug involved in the violation is hashish or a 569
compound, mixture, preparation, or substance containing hashish, 570
whoever violates division (A) of this section is guilty of 572
trafficking in hashish. The penalty for the offense shall be
determined as follows: 573
(a) Except as otherwise provided in division (C)(7)(b), 576
(c), (d), (e), or (f) of this section, trafficking in hashish is 578
a felony of the fifth degree, and division (C) of section 2929.13 579
of the Revised Code applies in determining whether to impose a 581
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 584
(d), (e), or (f) of this section, if the offense was committed in 585
the vicinity of a school or in the vicinity of a juvenile, 587
trafficking in hashish is a felony of the fourth degree, and 588
14
division (C) of section 2929.13 of the Revised Code applies in 589
determining whether to impose a prison term on the offender. 590
(c) Except as otherwise provided in this division, if the 592
amount of the drug involved exceeds ten grams but does not exceed 593
fifty grams of hashish in a solid form or exceeds two grams but 594
does not exceed ten grams of hashish in a liquid concentrate, 595
liquid extract, or liquid distillate form, trafficking in hashish 596
is a felony of the fourth degree, and division (C) of section 597
2929.13 of the Revised Code applies in determining whether to 598
impose a prison term on the offender. If the amount of the drug 599
involved is within that range and if the offense was committed in 600
the vicinity of a school or in the vicinity of a juvenile, 601
trafficking in hashish is a felony of the third degree, and 602
division (C) of section 2929.13 of the Revised Code applies in 603
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 605
amount of the drug involved exceeds fifty grams but does not 606
exceed two hundred fifty grams of hashish in a solid form or 607
exceeds ten grams but does not exceed fifty grams of hashish in a 608
liquid concentrate, liquid extract, or liquid distillate form, 609
trafficking in hashish is a felony of the third degree, and 611
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 612
the amount of the drug involved is within that range and if the 614
offense was committed in the vicinity of a school or in the 615
vicinity of a juvenile, trafficking in hashish is a felony of the 616
second degree, and there is a presumption that a prison term 617
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 619
amount of the drug involved exceeds two hundred fifty grams but 620
does not exceed one thousand grams of hashish in a solid form or 621
exceeds fifty grams but does not exceed two hundred grams of 622
hashish in a liquid concentrate, liquid extract, or liquid 624
distillate form, trafficking in hashish is a felony of the third 625
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 626
within that range and if the offense was committed in the 627
vicinity of a school or in the vicinity of a juvenile, 628
trafficking in hashish is a felony of the second degree, and 629
there is a presumption that a prison term shall be imposed for 630
the offense.
(f) Except as otherwise provided in this division, if the 632
amount of the drug involved exceeds one thousand grams of hashish 634
in a solid form or exceeds two hundred grams of hashish in a 635
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 637
court shall impose as a mandatory prison term the maximum prison 638
term prescribed for a felony of the second degree. If the amount 639
of the drug involved exceeds one thousand grams of hashish in a 641
solid form or exceeds two hundred grams of hashish in a liquid 642
concentrate, liquid extract, or liquid distillate form and if the 643
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 645
first degree, and the court shall impose as a mandatory prison 646
term the maximum prison term prescribed for a felony of the first 647
degree.
(D) In addition to any prison term authorized or required 650
by division (C) of this section and sections 2929.13 and 2929.14 651
of the Revised Code, and in addition to any other sanction 652
imposed for the offense under this section or sections 2929.11 to 653
2929.18 of the Revised Code, the court that sentences an offender 654
who is convicted of or pleads guilty to a violation of division 655
(A) of this section shall do all of the following that are 657
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 660
felony of the first, second, or third degree, the court shall 661
impose upon the offender the mandatory fine specified for the 662
offense under division (B)(1) of section 2929.18 of the Revised 663
16
Code unless, as specified in that division, the court determines 664
that the offender is indigent. Except as otherwise provided in 665
division (H)(1) of this section, a mandatory fine or any other 666
fine imposed for a violation of this section is subject to 667
division (F) of this section. If a person is charged with a 668
violation of this section that is a felony of the first, second, 669
or third degree, posts bail, and forfeits the bail, the clerk of 670
the court shall pay the forfeited bail pursuant to divisions 672
(D)(1) and (F) of this section, as if the forfeited bail was a 673
fine imposed for a violation of this section. If any amount of 674
the forfeited bail remains after that payment and if a fine is 675
imposed under division (H)(1) of this section, the clerk of the 676
court shall pay the remaining amount of the forfeited bail 677
pursuant to divisions (H)(2) and (3) of this section, as if that 678
remaining amount was a fine imposed under division (H)(1) of this
section. 679
(2) The court shall revoke or suspend the driver's or 681
commercial driver's license or permit of the offender in 682
accordance with division (G) of this section. 683
(3) If the offender is a professionally licensed person or 686
a person who has been admitted to the bar by order of the supreme 687
court in compliance with its prescribed and published rules, the 688
court forthwith shall comply with section 2925.38 of the Revised 689
Code.
(E) When a person is charged with the sale of or offer to 692
sell a bulk amount or a multiple of a bulk amount of a controlled 693
substance, the jury, or the court trying the accused, shall 695
determine the amount of the controlled substance involved at the 696
time of the offense and, if a guilty verdict is returned, shall 697
return the findings as part of the verdict. In any such case, it 698
is unnecessary to find and return the exact amount of the 699
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 700
controlled substance involved is the requisite amount, or that 702
17
the amount of the controlled substance involved is less than the 703
requisite amount. 704
(F)(1) Notwithstanding any contrary provision of section 706
3719.21 of the Revised Code and except as provided in division 707
(H) of this section, the clerk of the court shall pay any 708
mandatory fine imposed pursuant to division (D)(1) of this 709
section and any fine other than a mandatory fine that is imposed 710
for a violation of this section pursuant to division (A) or 711
(B)(5) of section 2929.18 of the Revised Code to the county, 713
township, municipal corporation, park district, as created 714
pursuant to section 511.18 or 1545.04 of the Revised Code, or 715
state law enforcement agencies in this state that primarily were 716
responsible for or involved in making the arrest of, and in 717
prosecuting, the offender. However, the clerk shall not pay a 718
mandatory fine so imposed to a law enforcement agency unless the 719
agency has adopted a written internal control policy under 720
division (F)(2) of this section that addresses the use of the 722
fine moneys that it receives. Each agency shall use the 724
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 726
written internal control policy adopted by the recipient agency 727
under division (F)(2) of this section. 728
(2)(a) Prior to receiving any fine moneys under division 730
(F)(1) of this section or division (B)(5) of section 2925.42 of 731
the Revised Code, a law enforcement agency shall adopt a written 732
internal control policy that addresses the agency's use and 733
disposition of all fine moneys so received and that provides for 734
the keeping of detailed financial records of the receipts of 735
those fine moneys, the general types of expenditures made out of 736
those fine moneys, and the specific amount of each general type 737
of expenditure. The policy shall not provide for or permit the 738
identification of any specific expenditure that is made in an 739
ongoing investigation. All financial records of the receipts of 740
those fine moneys, the general types of expenditures made out of 741
18
those fine moneys, and the specific amount of each general type 742
of expenditure by an agency are public records open for 743
inspection under section 149.43 of the Revised Code. 744
Additionally, a written internal control policy adopted under 745
this division is such a public record, and the agency that 746
adopted it shall comply with it. 747
(b) Each law enforcement agency that receives in any 749
calendar year any fine moneys under division (F)(1) of this 750
section or division (B)(5) of section 2925.42 of the Revised Code 751
shall prepare a report covering the calendar year that cumulates 752
all of the information contained in all of the public financial 753
records kept by the agency pursuant to division (F)(2)(a) of this 754
section for that calendar year, and shall send a copy of the 755
cumulative report, no later than the first day of March in the 756
calendar year following the calendar year covered by the report, 757
to the attorney general. Each report received by the attorney 758
general is a public record open for inspection under section 759
149.43 of the Revised Code. Not later than the fifteenth day of 761
April in the calendar year in which the reports are received, the 762
attorney general shall send to the president of the senate and 764
the speaker of the house of representatives a written 765
notification that does all of the following:
(i) Indicates that the attorney general has received from 767
law enforcement agencies reports of the type described in this 768
division that cover the previous calendar year and indicates that 771
the reports were received under this division; 772
(ii) Indicates that the reports are open for inspection 775
under section 149.43 of the Revised Code; 776
(iii) Indicates that the attorney general will provide a 779
copy of any or all of the reports to the president of the senate 780
or the speaker of the house of representatives upon request. 781
(3) As used in division (F) of this section: 784
(a) "Law enforcement agencies" includes, but is not 786
limited to, the state board of pharmacy and the office of a 787
19
prosecutor. 788
(b) "Prosecutor" has the same meaning as in section 790
2935.01 of the Revised Code. 791
(G) When required under division (D)(2) of this section, 795
the court either shall revoke or, if it does not revoke, shall 796
suspend for not less than six months or more than five years, the 797
driver's or commercial driver's license or permit of any person 799
who is convicted of or pleads guilty to a violation of this 801
section that is a felony of the first degree and shall suspend 802
for not less than six months or more than five years the driver's 804
or commercial driver's license or permit of any person who is 806
convicted of or pleads guilty to any other violation of this 807
section. If an offender's driver's or commercial driver's 808
license or permit is revoked pursuant to this division, the 810
offender, at any time after the expiration of two years from the 811
day on which the offender's sentence was imposed or from the day 812
on which the offender finally was released from a prison term 815
under the sentence, whichever is later, may file a motion with 816
the sentencing court requesting termination of the revocation; 817
upon the filing of such a motion and the court's finding of good 818
cause for the termination, the court may terminate the 819
revocation.
(H)(1) In addition to any prison term authorized or 822
required by division (C) of this section and sections 2929.13 and 823
2929.14 of the Revised Code, in addition to any other penalty or 825
sanction imposed for the offense under this section or sections 826
2929.11 to 2929.181 of the Revised Code, and in addition to the 827
forfeiture of property in connection with the offense as 828
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 830
the court that sentences an offender who is convicted of or 831
pleads guilty to a violation of division (A) of this section may 832
impose upon the offender an additional fine specified for the 833
offense in division (B)(4) of section 2929.18 of the Revised 835
Code. A fine imposed under division (H)(1) of this section is 837
20
not subject to division (F) of this section and shall be used 838
solely for the support of one or more eligible alcohol and drug 839
addiction programs in accordance with divisions (H)(2) and (3) of 840
this section.
(2) The court that imposes a fine under division (H)(1) of 843
this section shall specify in the judgment that imposes the fine 844
one or more eligible alcohol and drug addiction programs for the 845
support of which the fine money is to be used. No alcohol and 846
drug addiction program shall receive or use money paid or 847
collected in satisfaction of a fine imposed under division (H)(1) 849
of this section unless the program is specified in the judgment 850
that imposes the fine. No alcohol and drug addiction program 851
shall be specified in the judgment unless the program is an 852
eligible alcohol and drug addiction program and, except as 853
otherwise provided in division (H)(2) of this section, unless the 855
program is located in the county in which the court that imposes 856
the fine is located or in a county that is immediately contiguous 857
to the county in which that court is located. If no eligible 858
alcohol and drug addiction program is located in any of those 859
counties, the judgment may specify an eligible alcohol and drug 860
addiction program that is located anywhere within this state. 861
(3) Notwithstanding any contrary provision of section 863
3719.21 of the Revised Code, the clerk of the court shall pay any 865
fine imposed under division (H)(1) of this section to the 866
eligible alcohol and drug addiction program specified pursuant to 867
division (H)(2) of this section in the judgment. The eligible 868
alcohol and drug addiction program that receives the fine moneys 869
shall use the moneys only for the alcohol and drug addiction 870
services identified in the application for certification under 871
section 3793.06 of the Revised Code or in the application for a 872
license under section 3793.11 of the Revised Code filed with the 874
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 875
(4) Each alcohol and drug addiction program that receives 877
21
in a calendar year any fine moneys under division (H)(3) of this 879
section shall file an annual report covering that calendar year 880
with the court of common pleas and the board of county 881
commissioners of the county in which the program is located, with 882
the court of common pleas and the board of county commissioners 883
of each county from which the program received the moneys if that 884
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 885
addiction program shall file the report no later than the first 886
day of March in the calendar year following the calendar year in 888
which the program received the fine moneys. The report shall 889
include statistics on the number of persons served by the alcohol 890
and drug addiction program, identify the types of alcohol and 891
drug addiction services provided to those persons, and include a 892
specific accounting of the purposes for which the fine moneys 893
received were used. No information contained in the report shall 894
identify, or enable a person to determine the identity of, any 895
person served by the alcohol and drug addiction program. Each 896
report received by a court of common pleas, a board of county 897
commissioners, or the attorney general is a public record open 898
for inspection under section 149.43 of the Revised Code. 899
(5) As used in divisions (H)(1) to (5) of this section: 901
(a) "Alcohol and drug addiction program" and "alcohol and 904
drug addiction services" have the same meanings as in section 905
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 908
alcohol and drug addiction program that is certified under 909
section 3793.06 of the Revised Code or licensed under section 910
3793.11 of the Revised Code by the department of alcohol and drug 912
addiction services.
Sec. 2929.13. (A) Except as provided in division (E), 922
(F), or (G) of this section and unless a specific sanction is 923
required to be imposed or is precluded from being imposed 924
pursuant to law, a court that imposes a sentence upon an offender 925
22
for a felony may impose any sanction or combination of sanctions 926
on the offender that are provided in sections 2929.14 to 2929.18 927
of the Revised Code. The sentence shall not impose an 928
unnecessary burden on state or local government resources. 929
If the offender is eligible to be sentenced to community 931
control sanctions, the court shall consider the appropriateness 933
of imposing a financial sanction pursuant to section 2929.18 of 934
the Revised Code or a sanction of community service pursuant to 936
section 2929.17 of the Revised Code as the sole sanction for the 937
offense. Except as otherwise provided in this division, if the 938
court is required to impose a mandatory prison term for the 939
offense for which sentence is being imposed, the court also may 940
impose a financial sanction pursuant to section 2929.18 of the 941
Revised Code but may not impose any additional sanction or 942
combination of sanctions under section 2929.16 or 2929.17 of the 943
Revised Code. 944
If the offender is being sentenced for a fourth degree 946
felony OMVI offense, in addition to the mandatory term of local 947
incarceration or the mandatory prison term required for the 949
offense by division (G)(1) or (2) of this section, the court 951
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 954
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 956
offender be sentenced to a mandatory term of local incarceration, 957
an additional community control sanction or combination of 959
community control sanctions under section 2929.16 or 2929.17 of 960
the Revised Code; 961
(2) If division (G)(2) of this section requires that the 963
offender be sentenced to a mandatory prison term, an additional 964
prison term as described in division (D)(4) of section 2929.14 of 965
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 968
(G) of this section, in sentencing an offender for a felony of 969
23
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 971
(a) In committing the offense, the offender caused 973
physical harm to a person. 974
(b) In committing the offense, the offender attempted to 977
cause or made an actual threat of physical harm to a person with 978
a deadly weapon.
(c) In committing the offense, the offender attempted to 981
cause or made an actual threat of physical harm to a person, and 982
the offender previously was convicted of an offense that caused 983
physical harm to a person.
(d) The offender held a public office or position of trust 986
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 987
or to bring those committing it to justice; or the offender's 988
professional reputation or position facilitated the offense or 989
was likely to influence the future conduct of others. 990
(e) The offender committed the offense for hire or as part 992
of an organized criminal activity. 993
(f) The offense is a sex offense that is a fourth or fifth 996
degree felony violation of section 2907.03, 2907.04, 2907.05, 997
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 998
Revised Code.
(g) The offender previously served a prison term. 1,000
(h) The offender previously was subject to a community 1,002
control sanction, and the offender committed another offense 1,004
while under the sanction.
(2)(a) If the court makes a finding described in division 1,007
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 1,008
and if the court, after considering the factors set forth in 1,009
section 2929.12 of the Revised Code, finds that a prison term is 1,011
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 1,013
offender is not amenable to an available community control 1,014
24
sanction, the court shall impose a prison term upon the offender. 1,015
(b) Except as provided in division (E), (F), or (G) of 1,017
this section, if the court does not make a finding described in 1,019
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 1,020
section and if the court, after considering the factors set forth 1,021
in section 2929.12 of the Revised Code, finds that a community 1,023
control sanction or combination of community control sanctions is 1,025
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 1,028
impose a community control sanction or combination of community 1,029
control sanctions upon the offender. 1,030
(C) Except as provided in division (E) or (F) of this 1,033
section, in determining whether to impose a prison term as a 1,034
sanction for a felony of the third degree or a felony drug 1,035
offense that is a violation of a provision of Chapter 2925. of 1,037
the Revised Code and that is specified as being subject to this 1,040
division for purposes of sentencing, the sentencing court shall 1,041
comply with the purposes and principles of sentencing under 1,042
section 2929.11 of the Revised Code and with section 2929.12 of 1,045
the Revised Code.
(D) Except as provided in division (E) or (F) of this 1,048
section, for a felony of the first or second degree and for a 1,049
felony drug offense that is a violation of any provision of 1,050
Chapter 2925., 3719., or 4729. of the Revised Code for which a 1,051
presumption in favor of a prison term is specified as being 1,052
applicable, it is presumed that a prison term is necessary in 1,053
order to comply with the purposes and principles of sentencing 1,054
under section 2929.11 of the Revised Code. Notwithstanding the 1,055
presumption established under this division, the sentencing court 1,056
may impose a community control sanction or a combination of 1,057
community control sanctions instead of a prison term on an 1,058
offender for a felony of the first or second degree or for a 1,059
felony drug offense that is a violation of any provision of 1,060
Chapter 2925., 3719., or 4729. of the Revised Code for which a
25
presumption in favor of a prison term is specified as being 1,061
applicable if it makes both of the following findings: 1,063
(1) A community control sanction or a combination of 1,065
community control sanctions would adequately punish the offender 1,067
and protect the public from future crime, because the applicable 1,068
factors under section 2929.12 of the Revised Code indicating a 1,070
lesser likelihood of recidivism outweigh the applicable factors 1,072
under that section indicating a greater likelihood of recidivism. 1,074
(2) A community control sanction or a combination of 1,076
community control sanctions would not demean the seriousness of 1,078
the offense, because one or more factors under section 2929.12 of 1,079
the Revised Code that indicate that the offender's conduct was 1,080
less serious than conduct normally constituting the offense are 1,081
applicable, and they outweigh the applicable factors under that 1,082
section that indicate that the offender's conduct was more 1,083
serious than conduct normally constituting the offense. 1,084
(E)(1) Except as provided in division (F) of this section, 1,087
for any drug offense that is a violation of any provision of 1,088
Chapter 2925. of the Revised Code and that is a felony of the 1,089
third, fourth, or fifth degree, the applicability of a 1,090
presumption under division (D) of this section in favor of a 1,091
prison term or of division (B) or (C) of this section in 1,092
determining whether to impose a prison term for the offense shall 1,094
be determined as specified in section 2925.02, 2925.03, 2925.04, 1,095
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 1,096
2925.36, or 2925.37 of the Revised Code, whichever is applicable 1,099
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 1,101
to a felony drug offense in violation of a provision of Chapter 1,102
2925., 3719., or 4729. of the Revised Code violates the 1,103
conditions of a community control sanction imposed for the 1,104
offense solely by possessing or using a controlled substance and 1,106
if the offender has not failed to meet the conditions of any drug 1,107
treatment program in which the offender was ordered to
26
participate as a sanction for the offense, the court, as 1,108
punishment for the violation of the sanction, shall order that 1,109
the offender participate in a drug treatment program or in 1,110
alcoholics anonymous, narcotics anonymous, or a similar program 1,111
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 1,112
forth in section 2929.11 of the Revised Code. If the court 1,113
determines that an order of that nature would not be consistent 1,114
with those purposes and principles or if the offender violated 1,115
the conditions of a drug treatment program in which the offender 1,116
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 1,117
sanction, including a prison term. 1,118
(F) Notwithstanding divisions (A) to (E) of this section, 1,121
the court shall impose a prison term or terms under sections 1,122
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 1,123
Revised Code and except as specifically provided in section 1,124
2929.20 of the Revised Code or when parole is authorized for the 1,125
offense under section 2967.13 of the Revised Code, shall not 1,126
reduce the terms pursuant to section 2929.20, section 2967.193, 1,127
or any other provision of Chapter 2967. or Chapter 5120. of the 1,129
Revised Code for any of the following offenses: 1,130
(1) Aggravated murder when death is not imposed or murder; 1,132
(2) Any rape, regardless of whether force was involved and 1,134
regardless of the age of the victim, or an attempt to commit rape 1,135
by force when the victim is under thirteen years of age; 1,138
(3) Gross sexual imposition or sexual battery, if the 1,140
victim is under thirteen years of age, if the offender previously 1,142
was convicted of or pleaded guilty to rape, the former offense of 1,143
felonious sexual penetration, gross sexual imposition, or sexual 1,144
battery, and if the victim of the previous offense was under 1,146
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 1,149
2903.08 of the Revised Code if the section requires the
27
imposition of a prison term; 1,150
(5) A first, second, or third degree felony drug offense 1,153
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 1,154
4729.99 of the Revised Code, whichever is applicable regarding 1,156
the violation, requires the imposition of a mandatory prison 1,157
term;
(6) Any offense that is a first or second degree felony 1,159
and that is not set forth in division (F)(1), (2), (3), or (4) of 1,161
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 1,163
degree felony, or an offense under an existing or former law of 1,164
this state, another state, or the United States that is or was 1,165
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 1,167
of the Revised Code, that is a felony, if the offender had a 1,168
firearm on or about the offender's person or under the offender's 1,169
control while committing the felony, with respect to a portion of 1,170
the sentence imposed pursuant to division (D)(1)(a) of section 1,172
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 1,174
the Revised Code when the most serious offense in the pattern of 1,176
corrupt activity that is the basis of the offense is a felony of 1,177
the first degree;
(9) Any sexually violent offense for which the offender 1,179
also is convicted of or pleads guilty to a sexually violent 1,180
predator specification that was included in the indictment, count 1,181
in the indictment, or information charging the sexually violent 1,182
offense;
(10) A violation of division (A)(1) or (2) of section 1,184
2921.36 of the Revised Code, or a violation of division (C) of 1,185
that section involving an item listed in division (A)(1) or (2) 1,186
of that section, if the offender is an officer or employee of the 1,187
department of rehabilitation and correction.
28
(G) Notwithstanding divisions (A) to (E) of this section, 1,190
if an offender is being sentenced for a fourth degree felony OMVI 1,191
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 1,192
accordance with the following: 1,193
(1) Except as provided in division (G)(2) of this section, 1,195
the court shall impose upon the offender a mandatory term of 1,196
local incarceration of sixty days as specified in division (A)(4) 1,197
of section 4511.99 of the Revised Code and shall not reduce the 1,198
term pursuant to section 2929.20, 2967.193, or any other 1,199
provision of the Revised Code. The court that imposes a 1,200
mandatory term of local incarceration under this division shall 1,201
specify whether the term is to be served in a jail, a 1,202
community-based correctional facility, a halfway house, or an 1,203
alternative residential facility, and the offender shall serve 1,204
the term in the type of facility specified by the court. The 1,205
court shall not sentence the offender to a prison term and shall 1,206
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 1,207
incarceration imposed under division (G)(1) of this section is 1,208
not subject to extension under section 2967.11 of the Revised 1,209
Code, to a period of post-release control under section 2967.28 1,210
of the Revised Code, or to any other Revised Code provision that 1,211
pertains to a prison term.
(2) If the offender previously has been sentenced to a 1,213
mandatory term of local incarceration pursuant to division (G)(1) 1,214
of this section for a fourth degree felony OMVI offense, the 1,215
court shall impose upon the offender a mandatory prison term of 1,216
sixty days as specified in division (A)(4) of section 4511.99 of 1,217
the Revised Code and shall not reduce the term pursuant to 1,218
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 1,219
to a mandatory term of local incarceration pursuant to division 1,220
(G)(1) of this section for a fourth degree felony OMVI offense be 1,221
29
sentenced to another mandatory term of local incarceration under 1,222
that division for a fourth degree felony OMVI offense. The court 1,223
shall not sentence the offender to a community control sanction 1,224
under section 2929.16 or 2929.17 of the Revised Code. The 1,225
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 1,226
intensive program prison established pursuant to section 5120.033 1,227
of the Revised Code if the department gave the sentencing judge 1,228
prior notice of its intent to place the offender in an intensive 1,229
program prison established under that section and if the judge 1,230
did not notify the department that the judge disapproved the 1,231
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 1,232
that is privately operated and managed by a contractor pursuant 1,233
to a contract entered into under section 9.06 of the Revised 1,234
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 1,236
make a reasonable effort to ensure that a sufficient number of 1,237
offenders sentenced to a mandatory prison term under this 1,238
division are placed in the privately operated and managed prison 1,239
so that the privately operated and managed prison has full 1,240
occupancy.
(b) Unless the privately operated and managed prison has 1,242
full occupancy, the department of rehabilitation and correction 1,243
shall not place any offender sentenced to a mandatory prison term 1,244
under this division in any intensive program prison established 1,245
pursuant to section 5120.033 of the Revised Code other than the 1,247
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 1,250
oriented offense committed on or after January 1, 1997, the judge 1,251
shall require the offender to submit to a DNA specimen collection 1,253
procedure pursuant to section 2901.07 of the Revised Code if 1,255
either of the following applies:
(1) The offense was a sexually violent offense, and the 1,257
30
offender also was convicted of or pleaded guilty to a sexually 1,258
violent predator specification that was included in the 1,259
indictment, count in the indictment, or information charging the 1,260
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 1,262
offense determines pursuant to division (B) of section 2950.09 of 1,263
the Revised Code that the offender is a sexual predator. 1,264
(I) If an offender is being sentenced for a sexually 1,267
oriented offense committed on or after January 1, 1997, the judge 1,268
shall include in the sentence a summary of the offender's duty to 1,270
register pursuant to section 2950.04 of the Revised Code, the 1,271
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 1,272
section 2950.05 of the Revised Code, the offender's duty to 1,273
periodically verify the offender's current residence address 1,274
pursuant to section 2950.06 of the Revised Code, and the duration 1,275
of the duties. The judge shall inform the offender, at the time 1,276
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 1,278
Code, shall perform the duties specified in that section. 1,279
Sec. 2929.18. (A) Except as otherwise provided in this 1,288
division and in addition to imposing court costs pursuant to 1,289
section 2947.23 of the Revised Code, the court imposing a 1,290
sentence upon an offender for a felony may sentence the offender 1,291
to any financial sanction or combination of financial sanctions 1,293
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 1,294
offender a fine in accordance with that section. If the offender 1,295
is sentenced to a sanction of confinement pursuant to section 1,296
2929.14 or 2929.16 of the Revised Code that is to be served in a 1,297
facility operated by a board of county commissioners, a 1,298
legislative authority of a municipal corporation, or another 1,299
governmental entity, the court imposing sentence upon an offender 1,300
for a felony shall comply with division (A)(4)(b) of this section 1,301
31
in determining whether to sentence the offender to a financial 1,302
sanction described in division (A)(4)(a) of this section. 1,303
Financial sanctions that may be imposed pursuant to this section 1,304
include, but are not limited to, the following: 1,305
(1) Restitution by the offender to the victim of the 1,307
offender's crime or any survivor of the victim, in an amount 1,308
based on the victim's economic loss. The court shall order that 1,309
the restitution be made to the adult probation department that 1,310
serves the county on behalf of the victim, to the clerk of 1,311
courts, or to another agency designated by the court, except that 1,312
it may include a requirement that reimbursement be made to third 1,313
parties for amounts paid to or on behalf of the victim or any 1,314
survivor of the victim for economic loss resulting from the 1,315
offense. If reimbursement to third parties is required, the 1,316
reimbursement shall be made to any governmental agency to repay 1,317
any amounts paid by the agency to or on behalf of the victim or 1,318
any survivor of the victim for economic loss resulting from the 1,319
offense before any reimbursement is made to any person other than 1,320
a governmental agency. If no governmental agency incurred 1,321
expenses for economic loss of the victim or any survivor of the 1,322
victim resulting from the offense, the reimbursement shall be 1,323
made to any person other than a governmental agency to repay 1,324
amounts paid by that person to or on behalf of the victim or any 1,325
survivor of the victim for economic loss of the victim resulting 1,327
from the offense. The court shall not require an offender to 1,328
repay an insurance company for any amounts the company paid on 1,329
behalf of the offender pursuant to a policy of insurance. At 1,330
sentencing, the court shall determine the amount of restitution 1,332
to be made by the offender. All restitution payments shall be 1,333
credited against any recovery of economic loss in a civil action 1,334
brought by the victim or any survivor of the victim against the 1,335
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 1,337
this section, a fine payable by the offender to the state, to a 1,338
32
political subdivision, or as described in division (B)(2) of this 1,340
section to one or more law enforcement agencies, with the amount 1,341
of the fine based on a standard percentage of the offender's 1,342
daily income over a period of time determined by the court and 1,343
based upon the seriousness of the offense. A fine ordered under 1,344
this division shall not exceed the statutory fine amount 1,345
authorized for the level of the offense under division (A)(3) of 1,346
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 1,348
this section, a fine payable by the offender to the state, to a 1,349
political subdivision when appropriate for a felony, or as 1,350
described in division (B)(2) of this section to one or more law 1,352
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 1,355
thousand dollars;
(b) For a felony of the second degree, not more than 1,358
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 1,361
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,364
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,367
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,370
reimbursement by the offender of any or all of the costs of 1,372
sanctions incurred by the government, including the following: 1,373
(i) All or part of the costs of implementing any community 1,376
control sanction;
(ii) All or part of the costs of confinement under a 1,379
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,380
Revised Code, provided that the amount of reimbursement ordered 1,381
under this division shall not exceed the total amount of 1,382
reimbursement the offender is able to pay as determined at a 1,383
hearing and shall not exceed the actual cost of the confinement; 1,384
33
(b) If the offender is sentenced to a sanction of 1,386
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,387
Code that is to be served in a facility operated by a board of 1,389
county commissioners, a legislative authority of a municipal 1,390
corporation, or another local governmental entity, one of the
following applies: 1,391
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,393
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 1,394
Revised Code, the board, legislative authority, or other local 1,395
governmental entity requires prisoners convicted of an offense 1,396
other than a minor misdemeanor to reimburse the county, municipal 1,397
corporation, or other entity for its expenses incurred by reason 1,398
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 1,399
the offender to reimburse the county, municipal corporation, or 1,400
other local governmental entity for the cost of the confinement. 1,401
In addition, the court may impose any other financial sanction 1,402
under this section.
(ii) If, pursuant to any section identified in division 1,404
(A)(4)(b)(i) of this section, the board, legislative authority, 1,406
or other local governmental entity has adopted a resolution or 1,408
ordinance specifying that prisoners convicted of felonies are not 1,409
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,411
the prisoner's confinement, the court shall not impose a 1,412
financial sanction under division (A)(4)(a) of this section that 1,413
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 1,414
the confinement, but the court may impose any other financial 1,416
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,418
of this section applies, the court may impose, but is not 1,419
required to impose, any financial sanction under this section. 1,420
(c) Reimbursement by the offender for costs pursuant to 1,423
34
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 1,426
violation of any provision of Chapter 2925., 3719., or 4729. of 1,427
the Revised Code, the sentencing court shall impose upon the 1,428
offender a mandatory fine of at least one-half of, but not more 1,429
than, the maximum statutory fine amount authorized for the level 1,430
of the offense pursuant to division (A)(3) of this section. If 1,431
an offender alleges in an affidavit filed with the court prior to 1,433
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,434
indigent person and is unable to pay the mandatory fine described 1,435
in this division, the court shall not impose the mandatory fine 1,436
upon the offender.
(2) Any mandatory fine imposed upon an offender under 1,438
division (B)(1) of this section and any fine imposed upon an 1,440
offender under division (A)(2) or (3) of this section for any 1,441
fourth or fifth degree felony violation of any provision of 1,442
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,443
to law enforcement agencies pursuant to division (F) of section 1,444
2925.03 of the Revised Code. 1,445
(3) For a fourth degree felony OMVI offense and for a 1,449
third degree felony OMVI offense, the sentencing court shall 1,450
impose upon the offender a mandatory fine in the amount specified 1,451
in division (A)(4) of section 4511.99 of the Revised Code. The 1,453
mandatory fine so imposed shall be disbursed as provided in 1,454
division (A)(4) of section 4511.99 of the Revised Code. 1,456
(4) Notwithstanding any fine otherwise authorized or 1,459
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,460
this section or section 2929.31 of the Revised Code for a 1,461
violation of section 2925.03 or 2925.07 of the Revised Code, in 1,462
addition to any penalty or sanction imposed for that offense 1,463
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 1,464
of the Revised Code and in addition to the forfeiture of property 1,466
in connection with the offense as prescribed in sections 2925.42 1,467
35
to 2925.45 of the Revised Code, the court that sentences an 1,469
offender for a violation of section 2925.03 or 2925.07 of the 1,470
Revised Code may impose upon the offender a fine in addition to 1,471
any fine imposed under division (A)(2) or (3) of this section and 1,473
in addition to any mandatory fine imposed under division (B)(1) 1,474
of this section. The fine imposed under division (B)(4) of this 1,475
section shall be used as provided in division (H) of section 1,476
2925.03 of the Revised Code. A fine imposed under division 1,477
(B)(4) of this section shall not exceed whichever of the 1,478
following is applicable:
(a) The total value of any personal or real property in 1,481
which the offender has an interest and that was used in the 1,482
course of, intended for use in the course of, derived from, or 1,483
realized through conduct in violation of section 2925.03 or 1,484
2925.07 of the Revised Code, including any property that 1,485
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 1,488
type described in division (B)(4)(a) of this section or if it is 1,489
not possible to ascertain whether the offender has an interest in 1,491
any property of that type in which the offender may have an 1,492
interest, the amount of the mandatory fine for the offense 1,493
imposed under division (B)(1) of this section or, if no mandatory 1,494
fine is imposed under division (B)(1) of this section, the amount 1,495
of the fine authorized for the level of the offense imposed under 1,497
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,500
section, the court shall determine whether the offender has an 1,501
interest in any property of the type described in division 1,502
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,504
or (7) of this section, a fine that is authorized and imposed 1,505
under division (B)(4) of this section does not limit or affect 1,507
the imposition of the penalties and sanctions for a violation of 1,508
section 2925.03 or 2925.07 of the Revised Code prescribed under 1,509
those sections or sections 2929.11 to 2929.18 of the Revised Code 1,512
36
and does not limit or affect a forfeiture of property in 1,513
connection with the offense as prescribed in sections 2925.42 to 1,514
2925.45 of the Revised Code. 1,515
(6) If the sum total of a mandatory fine amount imposed 1,517
for a first, second, or third degree felony violation of section 1,518
2925.03 or a third degree felony violation of section 2925.07 of 1,520
the Revised Code under division (B)(1) of this section plus the 1,521
amount of any fine imposed under division (B)(4) of this section 1,523
does not exceed the maximum statutory fine amount authorized for 1,524
the level of the offense under division (A)(3) of this section or 1,525
section 2929.31 of the Revised Code, the court may impose a fine 1,527
for the offense in addition to the mandatory fine and the fine 1,528
imposed under division (B)(4) of this section. The sum total of 1,529
the amounts of the mandatory fine, the fine imposed under 1,530
division (B)(4) of this section, and the additional fine imposed 1,531
under division (B)(6) of this section shall not exceed the 1,533
maximum statutory fine amount authorized for the level of the 1,534
offense under division (A)(3) of this section or section 2929.31 1,535
of the Revised Code. The clerk of the court shall pay any fine 1,536
that is imposed under division (B)(6) of this section to the 1,537
county, township, municipal corporation, park district as created 1,539
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,540
state law enforcement agencies in this state that primarily were 1,541
responsible for or involved in making the arrest of, and in 1,542
prosecuting, the offender pursuant to division (F) of section 1,543
2925.03 of the Revised Code. 1,544
(7) If the sum total of the amount of a mandatory fine 1,546
imposed for a first, second, or third degree felony violation of 1,547
section 2925.03 or a third degree felony violation of section 1,548
2925.07 of the Revised Code plus the amount of any fine imposed 1,550
under division (B)(4) of this section exceeds the maximum 1,551
statutory fine amount authorized for the level of the offense 1,552
under division (A)(3) of this section or section 2929.31 of the 1,553
Revised Code, the court shall not impose a fine under division 1,554
37
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,557
the offender pursuant to division (A)(4)(a) of this section to 1,559
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,561
confine offenders pursuant to sanctions imposed under section 1,562
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,563
The treasurer of state shall deposit the reimbursements in the 1,564
confinement cost reimbursement fund that is hereby created in the 1,565
state treasury. The department of rehabilitation and correction 1,566
shall use the amounts deposited in the fund to fund the operation 1,567
of facilities used to confine offenders pursuant to sections 1,568
2929.14 and 2929.16 of the Revised Code. 1,569
(2) Except as provided in section 2951.021 of the Revised 1,571
Code, the offender shall pay reimbursements imposed upon the 1,572
offender pursuant to division (A)(4)(a) of this section to pay 1,574
the costs incurred by a county pursuant to any sanction imposed 1,575
under this section or section 2929.16 or 2929.17 of the Revised 1,576
Code or in operating a facility used to confine offenders 1,577
pursuant to a sanction imposed under section 2929.16 of the 1,578
Revised Code to the county treasurer. The county treasurer shall 1,579
deposit the reimbursements in the sanction cost reimbursement 1,580
fund that each board of county commissioners shall create in its 1,581
county treasury. The county shall use the amounts deposited in 1,582
the fund to pay the costs incurred by the county pursuant to any 1,583
sanction imposed under this section or section 2929.16 or 2929.17 1,584
of the Revised Code or in operating a facility used to confine 1,586
offenders pursuant to a sanction imposed under section 2929.16 of 1,587
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,589
Code, the offender shall pay reimbursements imposed upon the 1,590
offender pursuant to division (A)(4)(a) of this section to pay 1,592
the costs incurred by a municipal corporation pursuant to any 1,593
sanction imposed under this section or section 2929.16 or 2929.17 1,594
38
of the Revised Code or in operating a facility used to confine 1,595
offenders pursuant to a sanction imposed under section 2929.16 of 1,596
the Revised Code to the treasurer of the municipal corporation. 1,598
The treasurer shall deposit the reimbursements in a special fund 1,599
that shall be established in the treasury of each municipal 1,600
corporation. The municipal corporation shall use the amounts 1,601
deposited in the fund to pay the costs incurred by the municipal 1,602
corporation pursuant to any sanction imposed under this section 1,603
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,604
a facility used to confine offenders pursuant to a sanction 1,605
imposed under section 2929.16 of the Revised Code. 1,606
(4) Except as provided in section 2951.021 of the Revised 1,608
Code, the offender shall pay reimbursements imposed pursuant to 1,609
division (A)(4)(a) of this section for the costs incurred by a 1,610
private provider pursuant to a sanction imposed under this 1,611
section or section 2929.16 or 2929.17 of the Revised Code to the 1,612
provider.
(D) A financial sanction imposed pursuant to division (A) 1,614
or (B) of this section is a judgment in favor of the state or a 1,615
political subdivision in which the court that imposed the 1,616
financial sanction is located, except that a financial sanction 1,617
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,619
this section upon an offender who is incarcerated in a state 1,620
facility or a municipal jail is a judgment in favor of the state 1,621
or the municipal corporation, a financial sanction of 1,622
reimbursement imposed upon an offender pursuant to this section 1,623
for costs incurred by a private provider of sanctions is a 1,624
judgment in favor of the private provider, and a financial 1,625
sanction of restitution imposed pursuant to this section is a 1,626
judgment in favor of the victim of the offender's criminal act. 1,627
The offender subject to the sanction is the judgment debtor. 1,628
Imposition of a financial sanction and execution on the judgment 1,629
does not preclude any other power of the court to impose or
enforce sanctions on the offender. Once the financial sanction 1,630
39
is imposed as a judgment, the victim, private provider, state, or 1,631
political subdivision may bring an action to do any of the 1,632
following:
(1) Obtain execution of the judgment through any available 1,635
procedure, including:
(a) An execution against the property of the judgment 1,638
debtor under Chapter 2329. of the Revised Code; 1,639
(b) An execution against the person of the judgment debtor 1,642
under Chapter 2331. of the Revised Code; 1,643
(c) A proceeding in aid of execution under Chapter 2333. 1,646
of the Revised Code, including: 1,647
(i) A proceeding for the examination of the judgment 1,650
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,651
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,654
judgment debtor under section 2333.28 of the Revised Code; 1,655
(iii) A creditor's suit under section 2333.01 of the 1,658
Revised Code.
(d) The attachment of the property of the judgment debtor 1,661
under Chapter 2715. of the Revised Code; 1,662
(e) The garnishment of the property of the judgment debtor 1,665
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,667
judgment debtor under section 1321.33 of the Revised Code. 1,669
(E) A court that imposes a financial sanction upon an 1,671
offender may hold a hearing if necessary to determine whether the 1,672
offender is able to pay the sanction or is likely in the future 1,673
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,676
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,678
enter into contracts with one or more public agencies or private 1,679
vendors for the collection of, amounts due under the financial 1,680
sanction imposed pursuant to this section or section 2929.25 of 1,681
40
the Revised Code. Before entering into a contract for the 1,682
collection of amounts due from an offender pursuant to any 1,683
financial sanction imposed pursuant to this section or section 1,684
2929.25 of the Revised Code, a court shall comply with sections 1,685
307.86 to 307.92 of the Revised Code. 1,686
(G) If a court that imposes a financial sanction under 1,689
division (A) or (B) of this section finds that an offender 1,690
satisfactorily has completed all other sanctions imposed upon the 1,691
offender and that all restitution that has been ordered has been 1,692
paid as ordered, the court may suspend any financial sanctions 1,693
imposed pursuant to this section or section 2929.25 of the 1,694
Revised Code that have not been paid. 1,695
(H) No financial sanction imposed under this section or 1,698
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,699
Section 2. That existing sections 2925.03, 2929.13, and 1,701
2929.18 and section 2925.07 of the Revised Code are hereby 1,702
repealed.
Section 3. Section 2929.18 of the Revised Code is 1,704
presented in this act as a composite of the section as amended by 1,705
both Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of the 123rd General 1,706
Assembly, with the new language of neither of the acts shown in 1,707
capital letters. This is in recognition of the principle stated
in division (B) of section 1.52 of the Revised Code that such 1,708
amendments are to be harmonized where no substantively 1,709
irreconcilable and constitutes a legislative finding that such is 1,710
the resulting version in effect prior to the effective date of 1,711
this act.