As Passed by the Senate 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- 12
SENATORS GARDNER-OELSLAGER-KEARNS-SPADA-WATTS-LATTA
_________________________________________________________________ 14
A B I L L
To amend sections 2925.03, 2929.13, and 2929.18 and 16
to repeal section 2925.07 of the Revised Code to 17
expand the drug trafficking offenses to also
include a prohibition against certain acts 18
related to the shipment, transportation,
delivery, or distribution of a controlled 19
substance for sale or resale.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 2925.03, 2929.13, and 2929.18 of 23
the Revised Code be amended to read as follows: 24
Sec. 2925.03. (A) No person shall knowingly sell DO ANY 33
OF THE FOLLOWING: 34
(1) SELL or offer to sell a controlled substance; 37
(2) PREPARE FOR SHIPMENT, SHIP, TRANSPORT, DELIVER, 39
PREPARE FOR DISTRIBUTION, OR DISTRIBUTE A CONTROLLED SUBSTANCE, 40
WHEN THE OFFENDER KNOWS OR HAS REASONABLE CAUSE TO BELIEVE THAT 41
THE CONTROLLED SUBSTANCE IS INTENDED FOR SALE OR RESALE BY THE 42
OFFENDER OR ANOTHER PERSON.
(B) This section does not apply to any of the following: 44
(1) Manufacturers, licensed health professionals 46
authorized to prescribe drugs, pharmacists, owners of pharmacies, 48
and other persons whose conduct is in accordance with Chapters 49
2
3719., 4715., 4723., 4729., 4731., and 4741. of the Revised Code; 50
(2) If the offense involves an anabolic steroid, any 52
person who is conducting or participating in a research project 53
involving the use of an anabolic steroid if the project has been 54
approved by the United States food and drug administration; 55
(3) Any person who sells, offers for sale, prescribes, 57
dispenses, or administers for livestock or other nonhuman species 58
an anabolic steroid that is expressly intended for administration 59
through implants to livestock or other nonhuman species and 60
approved for that purpose under the "Federal Food, Drug, and 61
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 62
and is sold, offered for sale, prescribed, dispensed, or 63
administered for that purpose in accordance with that act. 64
(C) Whoever violates division (A) of this section is 66
guilty of one of the following: 67
(1) If the drug involved in the violation is any compound, 70
mixture, preparation, or substance included in schedule I or 71
schedule II, with the exception of marihuana, cocaine, L.S.D., 72
heroin, and hashish, whoever violates division (A) of this 74
section is guilty of aggravated trafficking in drugs. The 75
penalty for the offense shall be determined as follows: 76
(a) Except as otherwise provided in division (C)(1)(b), 79
(c), (d), (e), or (f) of this section, aggravated trafficking in 80
drugs is a felony of the fourth degree, and division (C) of 82
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 84
(b) Except as otherwise provided in division (C)(1)(c), 87
(d), (e), or (f) of this section, if the offense was committed in 88
the vicinity of a school or in the vicinity of a juvenile, 89
aggravated trafficking in drugs is a felony of the third degree, 90
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 91
(c) Except as otherwise provided in this division, if the 93
amount of the drug involved exceeds the bulk amount but does not 95
3
exceed five times the bulk amount, aggravated trafficking in 96
drugs is a felony of the third degree, and the court shall impose 97
as a mandatory prison term one of the prison terms prescribed for 98
a felony of the third degree. If the amount of the drug involved 99
is within that range and if the offense was committed in the 100
vicinity of a school or in the vicinity of a juvenile, aggravated 101
trafficking in drugs is a felony of the second degree, and the 102
court shall impose as a mandatory prison term one of the prison 103
terms prescribed for a felony of the second degree. 104
(d) Except as otherwise provided in this division, if the 106
amount of the drug involved exceeds five times the bulk amount 108
but does not exceed fifty times the bulk amount, aggravated 109
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 110
terms prescribed for a felony of the second degree. If the 111
amount of the drug involved is within that range and if the 112
offense was committed in the vicinity of a school or in the 113
vicinity of a juvenile, aggravated trafficking in drugs is a 114
felony of the first degree, and the court shall impose as a 115
mandatory prison term one of the prison terms prescribed for a 116
felony of the first degree. 117
(e) If the amount of the drug involved exceeds fifty times 120
the bulk amount but does not exceed one hundred times the bulk 121
amount and regardless of whether the offense was committed in the 122
vicinity of a school or in the vicinity of a juvenile, aggravated 123
trafficking in drugs is a felony of the first degree, and the 124
court shall impose as a mandatory prison term one of the prison 125
terms prescribed for a felony of the first degree. 126
(f) If the amount of the drug involved exceeds one hundred 129
times the bulk amount and regardless of whether the offense was 130
committed in the vicinity of a school or in the vicinity of a 131
juvenile, aggravated trafficking in drugs is a felony of the 132
first degree, and the court shall impose as a mandatory prison 133
term the maximum prison term prescribed for a felony of the first 134
4
degree and may impose an additional prison term prescribed for a 135
major drug offender under division (D)(3)(b) of section 2929.14 136
of the Revised Code. 137
(2) If the drug involved in the violation is any compound, 140
mixture, preparation, or substance included in schedule III, IV, 141
or V, whoever violates division (A) of this section is guilty of 142
trafficking in drugs. The penalty for the offense shall be 143
determined as follows: 144
(a) Except as otherwise provided in division (C)(2)(b), 147
(c), (d), or (e) of this section, trafficking in drugs is a 149
felony of the fifth degree, and division (C) of section 2929.13 150
of the Revised Code applies in determining whether to impose a 151
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 154
(d), or (e) of this section, if the offense was committed in the 155
vicinity of a school or in the vicinity of a juvenile, 156
trafficking in drugs is a felony of the fourth degree, and 157
division (C) of section 2929.13 of the Revised Code applies in 158
determining whether to impose a prison term on the offender. 160
(c) Except as otherwise provided in this division, if the 162
amount of the drug involved exceeds the bulk amount but does not 164
exceed five times the bulk amount, trafficking in drugs is a 165
felony of the fourth degree, and there is a presumption for a 166
prison term for the offense. If the amount of the drug involved 167
is within that range and if the offense was committed in the 168
vicinity of a school or in the vicinity of a juvenile, 169
trafficking in drugs is a felony of the third degree, and there 170
is a presumption for a prison term for the offense. 171
(d) Except as otherwise provided in this division, if the 173
amount of the drug involved exceeds five times the bulk amount 175
but does not exceed fifty times the bulk amount, trafficking in 176
drugs is a felony of the third degree, and there is a presumption 177
for a prison term for the offense. If the amount of the drug 178
involved is within that range and if the offense was committed in 179
5
the vicinity of a school or in the vicinity of a juvenile, 180
trafficking in drugs is a felony of the second degree, and there 181
is a presumption for a prison term for the offense. 182
(e) Except as otherwise provided in this division, if the 184
amount of the drug involved exceeds fifty times the bulk amount, 186
trafficking in drugs is a felony of the second degree, and the 187
court shall impose as a mandatory prison term one of the prison 188
terms prescribed for a felony of the second degree. If the 189
amount of the drug involved exceeds fifty times the bulk amount 190
and if the offense was committed in the vicinity of a school or 191
in the vicinity of a juvenile, trafficking in drugs is a felony 192
of the first degree, and the court shall impose as a mandatory 193
prison term one of the prison terms prescribed for a felony of 194
the first degree. 195
(3) If the drug involved in the violation is marihuana or 197
a compound, mixture, preparation, or substance containing 198
marihuana other than hashish, whoever violates division (A) of 200
this section is guilty of trafficking in marihuana. The penalty 201
for the offense shall be determined as follows: 202
(a) Except as otherwise provided in division (C)(3)(b), 205
(c), (d), (e), (f), or (g) of this section, trafficking in 206
marihuana is a felony of the fifth degree, and division (C) of 209
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 210
(b) Except as otherwise provided in division (C)(3)(c), 213
(d), (e), (f), or (g) of this section, if the offense was 215
committed in the vicinity of a school or in the vicinity of a 216
juvenile, trafficking in marihuana is a felony of the fourth 217
degree, and division (C) of section 2929.13 of the Revised Code 218
applies in determining whether to impose a prison term on the 219
offender.
(c) Except as otherwise provided in this division, if the 221
amount of the drug involved exceeds two hundred grams but does 223
not exceed one thousand grams, trafficking in marihuana is a 224
6
felony of the fourth degree, and division (C) of section 2929.13 225
of the Revised Code applies in determining whether to impose a 227
prison term on the offender. If the amount of the drug involved 228
is within that range and if the offense was committed in the 229
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 230
division (C) of section 2929.13 of the Revised Code applies in 231
determining whether to impose a prison term on the offender. 233
(d) Except as otherwise provided in this division, if the 235
amount of the drug involved exceeds one thousand grams but does 237
not exceed five thousand grams, trafficking in marihuana is a 238
felony of the third degree, and division (C) of section 2929.13 239
of the Revised Code applies in determining whether to impose a 241
prison term on the offender. If the amount of the drug involved 242
is within that range and if the offense was committed in the 243
vicinity of a school or in the vicinity of a juvenile, 244
trafficking in marihuana is a felony of the second degree, and 245
there is a presumption that a prison term shall be imposed for 246
the offense.
(e) Except as otherwise provided in this division, if the 248
amount of the drug involved exceeds five thousand grams but does 250
not exceed twenty thousand grams, trafficking in marihuana is a 251
felony of the third degree, and there is a presumption that a 252
prison term shall be imposed for the offense. If the amount of 253
the drug involved is within that range and if the offense was 254
committed in the vicinity of a school or in the vicinity of a 255
juvenile, trafficking in marihuana is a felony of the second 256
degree, and there is a presumption that a prison term shall be 257
imposed for the offense. 258
(f) Except as otherwise provided in this division, if the 260
amount of the drug involved exceeds twenty thousand grams, 262
trafficking in marihuana is a felony of the second degree, and 263
the court shall impose as a mandatory prison term the maximum 264
prison term prescribed for a felony of the second degree. If the 265
7
amount of the drug involved exceeds twenty thousand grams and if 266
the offense was committed in the vicinity of a school or in the 267
vicinity of a juvenile, trafficking in marihuana is a felony of 268
the first degree, and the court shall impose as a mandatory 269
prison term the maximum prison term prescribed for a felony of 270
the first degree. 271
(g) Except as otherwise provided in this division, if the 274
offense involves a gift of twenty grams or less of marihuana, 275
trafficking in marihuana is a minor misdemeanor upon a first 276
offense and a misdemeanor of the third degree upon a subsequent 277
offense. If the offense involves a gift of twenty grams or less 278
of marihuana and if the offense was committed in the vicinity of 279
a school or in the vicinity of a juvenile, trafficking in 280
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 282
compound, mixture, preparation, or substance containing cocaine, 283
whoever violates division (A) of this section is guilty of 285
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 286
(a) Except as otherwise provided in division (C)(4)(b), 289
(c), (d), (e), (f), or (g) of this section, trafficking in 290
cocaine is a felony of the fifth degree, and division (C) of 292
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 294
(b) Except as otherwise provided in division (C)(4)(c), 297
(d), (e), (f), or (g) of this section, if the offense was 298
committed in the vicinity of a school or in the vicinity of a 300
juvenile, trafficking in cocaine is a felony of the fourth 301
degree, and division (C) of section 2929.13 of the Revised Code 302
applies in determining whether to impose a prison term on the 304
offender.
(c) Except as otherwise provided in this division, if the 306
amount of the drug involved exceeds five grams but does not 307
exceed ten grams of cocaine that is not crack cocaine or exceeds 309
8
one gram but does not exceed five grams of crack cocaine, 311
trafficking in cocaine is a felony of the fourth degree, and 312
there is a presumption for a prison term for the offense. If the 313
amount of the drug involved is within one of those ranges and if 314
the offense was committed in the vicinity of a school or in the 315
vicinity of a juvenile, trafficking in cocaine is a felony of the 316
third degree, and there is a presumption for a prison term for 317
the offense.
(d) Except as otherwise provided in this division, if the 319
amount of the drug involved exceeds ten grams but does not exceed 320
one hundred grams of cocaine that is not crack cocaine or exceeds 322
five grams but does not exceed ten grams of crack cocaine, 323
trafficking in cocaine is a felony of the third degree, and the 324
court shall impose as a mandatory prison term one of the prison 325
terms prescribed for a felony of the third degree. If the amount 326
of the drug involved is within one of those ranges and if the 327
offense was committed in the vicinity of a school or in the 329
vicinity of a juvenile, trafficking in cocaine is a felony of the 332
second degree, and the court shall impose as a mandatory prison 333
term one of the prison terms prescribed for a felony of the 334
second degree.
(e) Except as otherwise provided in this division, if the 336
amount of the drug involved exceeds one hundred grams but does 337
not exceed five hundred grams of cocaine that is not crack 338
cocaine or exceeds ten grams but does not exceed twenty-five 340
grams of crack cocaine, trafficking in cocaine is a felony of the 342
second degree, and the court shall impose as a mandatory prison 343
term one of the prison terms prescribed for a felony of the 344
second degree. If the amount of the drug involved is within one 345
of those ranges and if the offense was committed in the vicinity 346
of a school or in the vicinity of a juvenile, trafficking in 348
cocaine is a felony of the first degree, and the court shall 350
impose as a mandatory prison term one of the prison terms 351
prescribed for a felony of the first degree. 352
9
(f) If the amount of the drug involved exceeds five 355
hundred grams but does not exceed one thousand grams of cocaine 356
that is not crack cocaine or exceeds twenty-five grams but does 357
not exceed one hundred grams of crack cocaine and regardless of 358
whether the offense was committed in the vicinity of a school or 359
in the vicinity of a juvenile, trafficking in cocaine is a felony 362
of the first degree, and the court shall impose as a mandatory 363
prison term one of the prison terms prescribed for a felony of 364
the first degree.
(g) If the amount of the drug involved exceeds one 367
thousand grams of cocaine that is not crack cocaine or exceeds 368
one hundred grams of crack cocaine and regardless of whether the 370
offense was committed in the vicinity of a school or in the 371
vicinity of a juvenile, trafficking in cocaine is a felony of the 372
first degree, and the court shall impose as a mandatory prison 373
term the maximum prison term prescribed for a felony of the first 374
degree and may impose an additional mandatory prison term 375
prescribed for a major drug offender under division (D)(3)(b) of 377
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 380
compound, mixture, preparation, or substance containing L.S.D., 381
whoever violates division (A) of this section is guilty of 382
trafficking in L.S.D. The penalty for the offense shall be 384
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 387
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 389
is a felony of the fifth degree, and division (C) of section 390
2929.13 of the Revised Code applies in determining whether to 392
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 395
(d), (e), (f), or (g) of this section, if the offense was 396
committed in the vicinity of a school or in the vicinity of a 397
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 399
and division (C) of section 2929.13 of the Revised Code applies
10
in determining whether to impose a prison term on the offender. 400
(c) Except as otherwise provided in this division, if the 402
amount of the drug involved exceeds ten unit doses but does not 404
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 405
gram but does not exceed five grams of L.S.D. in a liquid 407
concentrate, liquid extract, or liquid distillate form, 409
trafficking in L.S.D. is a felony of the fourth degree, and there 412
is a presumption for a prison term for the offense. If the 413
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 414
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 416
third degree, and there is a presumption for a prison term for 417
the offense.
(d) Except as otherwise provided in this division, if the 419
amount of the drug involved exceeds fifty unit doses but does not 421
exceed two hundred fifty unit doses of L.S.D. in a solid form or 422
exceeds five grams but does not exceed twenty-five grams of 424
L.S.D. in a liquid concentrate, liquid extract, or liquid 426
distillate form, trafficking in L.S.D. is a felony of the third 429
degree, and the court shall impose as a mandatory prison term one 430
of the prison terms prescribed for a felony of the third degree. 431
If the amount of the drug involved is within that range and if 432
the offense was committed in the vicinity of a school or in the 433
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 435
second degree, and the court shall impose as a mandatory prison 436
term one of the prison terms prescribed for a felony of the 437
second degree.
(e) Except as otherwise provided in this division, if the 439
amount of the drug involved exceeds two hundred fifty unit doses 441
but does not exceed one thousand unit doses of L.S.D. in a solid 443
form or exceeds twenty-five grams but does not exceed one hundred 445
grams of L.S.D. in a liquid concentrate, liquid extract, or 447
liquid distillate form, trafficking in L.S.D. is a felony of the 449
second degree, and the court shall impose as a mandatory prison 450
11
term one of the prison terms prescribed for a felony of the 451
second degree. If the amount of the drug involved is within that 452
range and if the offense was committed in the vicinity of a 453
school or in the vicinity of a juvenile, trafficking in L.S.D. is 455
a felony of the first degree, and the court shall impose as a 456
mandatory prison term one of the prison terms prescribed for a 457
felony of the first degree.
(f) If the amount of the drug involved exceeds one 460
thousand unit doses but does not exceed five thousand unit doses 461
of L.S.D. in a solid form or exceeds one hundred grams but does 464
not exceed five hundred grams of L.S.D. in a liquid concentrate, 466
liquid extract, or liquid distillate form and regardless of 467
whether the offense was committed in the vicinity of a school or 468
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 469
of the first degree, and the court shall impose as a mandatory 470
prison term one of the prison terms prescribed for a felony of 471
the first degree. 472
(g) If the amount of the drug involved exceeds five 475
thousand unit doses of L.S.D. in a solid form or exceeds five 476
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 478
or liquid distillate form and regardless of whether the offense 481
was committed in the vicinity of a school or in the vicinity of a 482
juvenile, trafficking in L.S.D. is a felony of the first degree, 485
and the court shall impose as a mandatory prison term the maximum 486
prison term prescribed for a felony of the first degree and may 487
impose an additional mandatory prison term prescribed for a major 488
drug offender under division (D)(3)(b) of section 2929.14 of the 490
Revised Code.
(6) If the drug involved in the violation is heroin or a 492
compound, mixture, preparation, or substance containing heroin, 493
whoever violates division (A) of this section is guilty of 495
trafficking in heroin. The penalty for the offense shall be
determined as follows: 496
(a) Except as otherwise provided in division (C)(6)(b), 499
12
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 501
is a felony of the fifth degree, and division (C) of section 502
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 504
(b) Except as otherwise provided in division (C)(6)(c), 507
(d), (e), (f), or (g) of this section, if the offense was 508
committed in the vicinity of a school or in the vicinity of a 511
juvenile, trafficking in heroin is a felony of the fourth degree, 512
and division (C) of section 2929.13 of the Revised Code applies 514
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 516
amount of the drug involved exceeds one gram but does not exceed 518
five grams, trafficking in heroin is a felony of the fourth 519
degree, and there is a presumption for a prison term for the 520
offense. If the amount of the drug involved is within that range 521
and if the offense was committed in the vicinity of a school or 522
in the vicinity of a juvenile, trafficking in heroin is a felony 523
of the third degree, and there is a presumption for a prison term 524
for the offense. 525
(d) Except as otherwise provided in this division, if the 527
amount of the drug involved exceeds five grams but does not 529
exceed ten grams, trafficking in heroin is a felony of the third 530
degree, and there is a presumption for a prison term for the 531
offense. If the amount of the drug involved is within that range 532
and if the offense was committed in the vicinity of a school or 533
in the vicinity of a juvenile, trafficking in heroin is a felony 534
of the second degree, and there is a presumption for a prison 535
term for the offense. 536
(e) Except as otherwise provided in this division, if the 538
amount of the drug involved exceeds ten grams but does not exceed 540
fifty grams, trafficking in heroin is a felony of the second 541
degree, and the court shall impose as a mandatory prison term one 542
of the prison terms prescribed for a felony of the second degree. 543
If the amount of the drug involved is within that range and if 544
13
the offense was committed in the vicinity of a school or in the 545
vicinity of a juvenile, trafficking in heroin is a felony of the 546
first degree, and the court shall impose as a mandatory prison 547
term one of the prison terms prescribed for a felony of the first 548
degree. 549
(f) If the amount of the drug involved exceeds fifty grams 552
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or 553
in the vicinity of a juvenile, trafficking in heroin is a felony 555
of the first degree, and the court shall impose as a mandatory 556
prison term one of the prison terms prescribed for a felony of 557
the first degree.
(g) If the amount of the drug involved exceeds two hundred 560
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 561
trafficking in heroin is a felony of the first degree, and the 564
court shall impose as a mandatory prison term the maximum prison 565
term prescribed for a felony of the first degree and may impose 566
an additional mandatory prison term prescribed for a major drug 567
offender under division (D)(3)(b) of section 2929.14 of the 568
Revised Code. 569
(7) If the drug involved in the violation is hashish or a 571
compound, mixture, preparation, or substance containing hashish, 572
whoever violates division (A) of this section is guilty of 574
trafficking in hashish. The penalty for the offense shall be
determined as follows: 575
(a) Except as otherwise provided in division (C)(7)(b), 578
(c), (d), (e), or (f) of this section, trafficking in hashish is 580
a felony of the fifth degree, and division (C) of section 2929.13 581
of the Revised Code applies in determining whether to impose a 583
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 586
(d), (e), or (f) of this section, if the offense was committed in 587
the vicinity of a school or in the vicinity of a juvenile, 589
14
trafficking in hashish is a felony of the fourth degree, and 590
division (C) of section 2929.13 of the Revised Code applies in 591
determining whether to impose a prison term on the offender. 592
(c) Except as otherwise provided in this division, if the 594
amount of the drug involved exceeds ten grams but does not exceed 595
fifty grams of hashish in a solid form or exceeds two grams but 596
does not exceed ten grams of hashish in a liquid concentrate, 597
liquid extract, or liquid distillate form, trafficking in hashish 598
is a felony of the fourth degree, and division (C) of section 599
2929.13 of the Revised Code applies in determining whether to 600
impose a prison term on the offender. If the amount of the drug 601
involved is within that range and if the offense was committed in 602
the vicinity of a school or in the vicinity of a juvenile, 603
trafficking in hashish is a felony of the third degree, and 604
division (C) of section 2929.13 of the Revised Code applies in 605
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 607
amount of the drug involved exceeds fifty grams but does not 608
exceed two hundred fifty grams of hashish in a solid form or 609
exceeds ten grams but does not exceed fifty grams of hashish in a 610
liquid concentrate, liquid extract, or liquid distillate form, 611
trafficking in hashish is a felony of the third degree, and 613
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 614
the amount of the drug involved is within that range and if the 616
offense was committed in the vicinity of a school or in the 617
vicinity of a juvenile, trafficking in hashish is a felony of the 618
second degree, and there is a presumption that a prison term 619
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 621
amount of the drug involved exceeds two hundred fifty grams but 622
does not exceed one thousand grams of hashish in a solid form or 623
exceeds fifty grams but does not exceed two hundred grams of 624
hashish in a liquid concentrate, liquid extract, or liquid 626
15
distillate form, trafficking in hashish is a felony of the third 627
degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is 628
within that range and if the offense was committed in the 629
vicinity of a school or in the vicinity of a juvenile, 630
trafficking in hashish is a felony of the second degree, and 631
there is a presumption that a prison term shall be imposed for 632
the offense.
(f) Except as otherwise provided in this division, if the 634
amount of the drug involved exceeds one thousand grams of hashish 636
in a solid form or exceeds two hundred grams of hashish in a 637
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 639
court shall impose as a mandatory prison term the maximum prison 640
term prescribed for a felony of the second degree. If the amount 641
of the drug involved exceeds one thousand grams of hashish in a 643
solid form or exceeds two hundred grams of hashish in a liquid 644
concentrate, liquid extract, or liquid distillate form and if the 645
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 647
first degree, and the court shall impose as a mandatory prison 648
term the maximum prison term prescribed for a felony of the first 649
degree.
(D) In addition to any prison term authorized or required 652
by division (C) of this section and sections 2929.13 and 2929.14 653
of the Revised Code, and in addition to any other sanction 654
imposed for the offense under this section or sections 2929.11 to 655
2929.18 of the Revised Code, the court that sentences an offender 656
who is convicted of or pleads guilty to a violation of division 657
(A) of this section shall do all of the following that are 659
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 662
felony of the first, second, or third degree, the court shall 663
impose upon the offender the mandatory fine specified for the 664
16
offense under division (B)(1) of section 2929.18 of the Revised 665
Code unless, as specified in that division, the court determines 666
that the offender is indigent. Except as otherwise provided in 667
division (H)(1) of this section, a mandatory fine or any other 668
fine imposed for a violation of this section is subject to 669
division (F) of this section. If a person is charged with a 670
violation of this section that is a felony of the first, second, 671
or third degree, posts bail, and forfeits the bail, the clerk of 672
the court shall pay the forfeited bail pursuant to divisions 674
(D)(1) and (F) of this section, as if the forfeited bail was a 675
fine imposed for a violation of this section. If any amount of 676
the forfeited bail remains after that payment and if a fine is 677
imposed under division (H)(1) of this section, the clerk of the 678
court shall pay the remaining amount of the forfeited bail 679
pursuant to divisions (H)(2) and (3) of this section, as if that 680
remaining amount was a fine imposed under division (H)(1) of this
section. 681
(2) The court shall revoke or suspend the driver's or 683
commercial driver's license or permit of the offender in 684
accordance with division (G) of this section. 685
(3) If the offender is a professionally licensed person or 688
a person who has been admitted to the bar by order of the supreme 689
court in compliance with its prescribed and published rules, the 690
court forthwith shall comply with section 2925.38 of the Revised 691
Code.
(E) When a person is charged with the sale of or offer to 694
sell a bulk amount or a multiple of a bulk amount of a controlled 695
substance, the jury, or the court trying the accused, shall 697
determine the amount of the controlled substance involved at the 698
time of the offense and, if a guilty verdict is returned, shall 699
return the findings as part of the verdict. In any such case, it 700
is unnecessary to find and return the exact amount of the 701
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 702
17
controlled substance involved is the requisite amount, or that 704
the amount of the controlled substance involved is less than the 705
requisite amount. 706
(F)(1) Notwithstanding any contrary provision of section 708
3719.21 of the Revised Code and except as provided in division 709
(H) of this section, the clerk of the court shall pay any 710
mandatory fine imposed pursuant to division (D)(1) of this 711
section and any fine other than a mandatory fine that is imposed 712
for a violation of this section pursuant to division (A) or 713
(B)(5) of section 2929.18 of the Revised Code to the county, 715
township, municipal corporation, park district, as created 716
pursuant to section 511.18 or 1545.04 of the Revised Code, or 717
state law enforcement agencies in this state that primarily were 718
responsible for or involved in making the arrest of, and in 719
prosecuting, the offender. However, the clerk shall not pay a 720
mandatory fine so imposed to a law enforcement agency unless the 721
agency has adopted a written internal control policy under 722
division (F)(2) of this section that addresses the use of the 724
fine moneys that it receives. Each agency shall use the 726
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 728
written internal control policy adopted by the recipient agency 729
under division (F)(2) of this section. 730
(2)(a) Prior to receiving any fine moneys under division 732
(F)(1) of this section or division (B)(5) of section 2925.42 of 733
the Revised Code, a law enforcement agency shall adopt a written 734
internal control policy that addresses the agency's use and 735
disposition of all fine moneys so received and that provides for 736
the keeping of detailed financial records of the receipts of 737
those fine moneys, the general types of expenditures made out of 738
those fine moneys, and the specific amount of each general type 739
of expenditure. The policy shall not provide for or permit the 740
identification of any specific expenditure that is made in an 741
ongoing investigation. All financial records of the receipts of 742
18
those fine moneys, the general types of expenditures made out of 743
those fine moneys, and the specific amount of each general type 744
of expenditure by an agency are public records open for 745
inspection under section 149.43 of the Revised Code. 746
Additionally, a written internal control policy adopted under 747
this division is such a public record, and the agency that 748
adopted it shall comply with it. 749
(b) Each law enforcement agency that receives in any 751
calendar year any fine moneys under division (F)(1) of this 752
section or division (B)(5) of section 2925.42 of the Revised Code 753
shall prepare a report covering the calendar year that cumulates 754
all of the information contained in all of the public financial 755
records kept by the agency pursuant to division (F)(2)(a) of this 756
section for that calendar year, and shall send a copy of the 757
cumulative report, no later than the first day of March in the 758
calendar year following the calendar year covered by the report, 759
to the attorney general. Each report received by the attorney 760
general is a public record open for inspection under section 761
149.43 of the Revised Code. Not later than the fifteenth day of 763
April in the calendar year in which the reports are received, the 764
attorney general shall send to the president of the senate and 766
the speaker of the house of representatives a written 767
notification that does all of the following:
(i) Indicates that the attorney general has received from 769
law enforcement agencies reports of the type described in this 770
division that cover the previous calendar year and indicates that 773
the reports were received under this division; 774
(ii) Indicates that the reports are open for inspection 777
under section 149.43 of the Revised Code; 778
(iii) Indicates that the attorney general will provide a 781
copy of any or all of the reports to the president of the senate 782
or the speaker of the house of representatives upon request. 783
(3) As used in division (F) of this section: 786
(a) "Law enforcement agencies" includes, but is not 788
19
limited to, the state board of pharmacy and the office of a 789
prosecutor. 790
(b) "Prosecutor" has the same meaning as in section 792
2935.01 of the Revised Code. 793
(G) When required under division (D)(2) of this section, 797
the court either shall revoke or, if it does not revoke, shall 798
suspend for not less than six months or more than five years, the 799
driver's or commercial driver's license or permit of any person 801
who is convicted of or pleads guilty to a violation of this 803
section that is a felony of the first degree and shall suspend 804
for not less than six months or more than five years the driver's 806
or commercial driver's license or permit of any person who is 808
convicted of or pleads guilty to any other violation of this 809
section. If an offender's driver's or commercial driver's 810
license or permit is revoked pursuant to this division, the 812
offender, at any time after the expiration of two years from the 813
day on which the offender's sentence was imposed or from the day 814
on which the offender finally was released from a prison term 817
under the sentence, whichever is later, may file a motion with 818
the sentencing court requesting termination of the revocation; 819
upon the filing of such a motion and the court's finding of good 820
cause for the termination, the court may terminate the 821
revocation.
(H)(1) In addition to any prison term authorized or 824
required by division (C) of this section and sections 2929.13 and 825
2929.14 of the Revised Code, in addition to any other penalty or 827
sanction imposed for the offense under this section or sections 828
2929.11 to 2929.181 of the Revised Code, and in addition to the 829
forfeiture of property in connection with the offense as 830
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 832
the court that sentences an offender who is convicted of or 833
pleads guilty to a violation of division (A) of this section may 834
impose upon the offender an additional fine specified for the 835
offense in division (B)(4) of section 2929.18 of the Revised 837
20
Code. A fine imposed under division (H)(1) of this section is 839
not subject to division (F) of this section and shall be used 840
solely for the support of one or more eligible alcohol and drug 841
addiction programs in accordance with divisions (H)(2) and (3) of 842
this section.
(2) The court that imposes a fine under division (H)(1) of 845
this section shall specify in the judgment that imposes the fine 846
one or more eligible alcohol and drug addiction programs for the 847
support of which the fine money is to be used. No alcohol and 848
drug addiction program shall receive or use money paid or 849
collected in satisfaction of a fine imposed under division (H)(1) 851
of this section unless the program is specified in the judgment 852
that imposes the fine. No alcohol and drug addiction program 853
shall be specified in the judgment unless the program is an 854
eligible alcohol and drug addiction program and, except as 855
otherwise provided in division (H)(2) of this section, unless the 857
program is located in the county in which the court that imposes 858
the fine is located or in a county that is immediately contiguous 859
to the county in which that court is located. If no eligible 860
alcohol and drug addiction program is located in any of those 861
counties, the judgment may specify an eligible alcohol and drug 862
addiction program that is located anywhere within this state. 863
(3) Notwithstanding any contrary provision of section 865
3719.21 of the Revised Code, the clerk of the court shall pay any 867
fine imposed under division (H)(1) of this section to the 868
eligible alcohol and drug addiction program specified pursuant to 869
division (H)(2) of this section in the judgment. The eligible 870
alcohol and drug addiction program that receives the fine moneys 871
shall use the moneys only for the alcohol and drug addiction 872
services identified in the application for certification under 873
section 3793.06 of the Revised Code or in the application for a 874
license under section 3793.11 of the Revised Code filed with the 876
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 877
21
(4) Each alcohol and drug addiction program that receives 879
in a calendar year any fine moneys under division (H)(3) of this 881
section shall file an annual report covering that calendar year 882
with the court of common pleas and the board of county 883
commissioners of the county in which the program is located, with 884
the court of common pleas and the board of county commissioners 885
of each county from which the program received the moneys if that 886
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 887
addiction program shall file the report no later than the first 888
day of March in the calendar year following the calendar year in 890
which the program received the fine moneys. The report shall 891
include statistics on the number of persons served by the alcohol 892
and drug addiction program, identify the types of alcohol and 893
drug addiction services provided to those persons, and include a 894
specific accounting of the purposes for which the fine moneys 895
received were used. No information contained in the report shall 896
identify, or enable a person to determine the identity of, any 897
person served by the alcohol and drug addiction program. Each 898
report received by a court of common pleas, a board of county 899
commissioners, or the attorney general is a public record open 900
for inspection under section 149.43 of the Revised Code. 901
(5) As used in divisions (H)(1) to (5) of this section: 903
(a) "Alcohol and drug addiction program" and "alcohol and 906
drug addiction services" have the same meanings as in section 907
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 910
alcohol and drug addiction program that is certified under 911
section 3793.06 of the Revised Code or licensed under section 912
3793.11 of the Revised Code by the department of alcohol and drug 914
addiction services.
Sec. 2929.13. (A) Except as provided in division (E), 924
(F), or (G) of this section and unless a specific sanction is 925
required to be imposed or is precluded from being imposed 926
22
pursuant to law, a court that imposes a sentence upon an offender 927
for a felony may impose any sanction or combination of sanctions 928
on the offender that are provided in sections 2929.14 to 2929.18 929
of the Revised Code. The sentence shall not impose an 930
unnecessary burden on state or local government resources. 931
If the offender is eligible to be sentenced to community 933
control sanctions, the court shall consider the appropriateness 935
of imposing a financial sanction pursuant to section 2929.18 of 936
the Revised Code or a sanction of community service pursuant to 938
section 2929.17 of the Revised Code as the sole sanction for the 939
offense. Except as otherwise provided in this division, if the 940
court is required to impose a mandatory prison term for the 941
offense for which sentence is being imposed, the court also may 942
impose a financial sanction pursuant to section 2929.18 of the 943
Revised Code but may not impose any additional sanction or 944
combination of sanctions under section 2929.16 or 2929.17 of the 945
Revised Code. 946
If the offender is being sentenced for a fourth degree 948
felony OMVI offense, in addition to the mandatory term of local 949
incarceration or the mandatory prison term required for the 951
offense by division (G)(1) or (2) of this section, the court 953
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 956
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 958
offender be sentenced to a mandatory term of local incarceration, 959
an additional community control sanction or combination of 961
community control sanctions under section 2929.16 or 2929.17 of 962
the Revised Code; 963
(2) If division (G)(2) of this section requires that the 965
offender be sentenced to a mandatory prison term, an additional 966
prison term as described in division (D)(4) of section 2929.14 of 967
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 970
23
(G) of this section, in sentencing an offender for a felony of 971
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 973
(a) In committing the offense, the offender caused 975
physical harm to a person. 976
(b) In committing the offense, the offender attempted to 979
cause or made an actual threat of physical harm to a person with 980
a deadly weapon.
(c) In committing the offense, the offender attempted to 983
cause or made an actual threat of physical harm to a person, and 984
the offender previously was convicted of an offense that caused 985
physical harm to a person.
(d) The offender held a public office or position of trust 988
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 989
or to bring those committing it to justice; or the offender's 990
professional reputation or position facilitated the offense or 991
was likely to influence the future conduct of others. 992
(e) The offender committed the offense for hire or as part 994
of an organized criminal activity. 995
(f) The offense is a sex offense that is a fourth or fifth 998
degree felony violation of section 2907.03, 2907.04, 2907.05, 999
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 1,000
Revised Code.
(g) The offender previously served a prison term. 1,002
(h) The offender previously was subject to a community 1,004
control sanction, and the offender committed another offense 1,006
while under the sanction.
(2)(a) If the court makes a finding described in division 1,009
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 1,010
and if the court, after considering the factors set forth in 1,011
section 2929.12 of the Revised Code, finds that a prison term is 1,013
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 1,015
24
offender is not amenable to an available community control 1,016
sanction, the court shall impose a prison term upon the offender. 1,017
(b) Except as provided in division (E), (F), or (G) of 1,019
this section, if the court does not make a finding described in 1,021
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 1,022
section and if the court, after considering the factors set forth 1,023
in section 2929.12 of the Revised Code, finds that a community 1,025
control sanction or combination of community control sanctions is 1,027
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 1,030
impose a community control sanction or combination of community 1,031
control sanctions upon the offender. 1,032
(C) Except as provided in division (E) or (F) of this 1,035
section, in determining whether to impose a prison term as a 1,036
sanction for a felony of the third degree or a felony drug 1,037
offense that is a violation of a provision of Chapter 2925. of 1,039
the Revised Code and that is specified as being subject to this 1,042
division for purposes of sentencing, the sentencing court shall 1,043
comply with the purposes and principles of sentencing under 1,044
section 2929.11 of the Revised Code and with section 2929.12 of 1,047
the Revised Code.
(D) Except as provided in division (E) or (F) of this 1,050
section, for a felony of the first or second degree and for a 1,051
felony drug offense that is a violation of any provision of 1,052
Chapter 2925., 3719., or 4729. of the Revised Code for which a 1,053
presumption in favor of a prison term is specified as being 1,054
applicable, it is presumed that a prison term is necessary in 1,055
order to comply with the purposes and principles of sentencing 1,056
under section 2929.11 of the Revised Code. Notwithstanding the 1,057
presumption established under this division, the sentencing court 1,058
may impose a community control sanction or a combination of 1,059
community control sanctions instead of a prison term on an 1,060
offender for a felony of the first or second degree or for a 1,061
felony drug offense that is a violation of any provision of 1,062
25
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 1,063
applicable if it makes both of the following findings: 1,065
(1) A community control sanction or a combination of 1,067
community control sanctions would adequately punish the offender 1,069
and protect the public from future crime, because the applicable 1,070
factors under section 2929.12 of the Revised Code indicating a 1,072
lesser likelihood of recidivism outweigh the applicable factors 1,074
under that section indicating a greater likelihood of recidivism. 1,076
(2) A community control sanction or a combination of 1,078
community control sanctions would not demean the seriousness of 1,080
the offense, because one or more factors under section 2929.12 of 1,081
the Revised Code that indicate that the offender's conduct was 1,082
less serious than conduct normally constituting the offense are 1,083
applicable, and they outweigh the applicable factors under that 1,084
section that indicate that the offender's conduct was more 1,085
serious than conduct normally constituting the offense. 1,086
(E)(1) Except as provided in division (F) of this section, 1,089
for any drug offense that is a violation of any provision of 1,090
Chapter 2925. of the Revised Code and that is a felony of the 1,091
third, fourth, or fifth degree, the applicability of a 1,092
presumption under division (D) of this section in favor of a 1,093
prison term or of division (B) or (C) of this section in 1,094
determining whether to impose a prison term for the offense shall 1,096
be determined as specified in section 2925.02, 2925.03, 2925.04, 1,097
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 1,098
2925.36, or 2925.37 of the Revised Code, whichever is applicable 1,101
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 1,103
to a felony drug offense in violation of a provision of Chapter 1,104
2925., 3719., or 4729. of the Revised Code violates the 1,105
conditions of a community control sanction imposed for the 1,106
offense solely by possessing or using a controlled substance and 1,108
if the offender has not failed to meet the conditions of any drug 1,109
26
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 1,110
punishment for the violation of the sanction, shall order that 1,111
the offender participate in a drug treatment program or in 1,112
alcoholics anonymous, narcotics anonymous, or a similar program 1,113
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 1,114
forth in section 2929.11 of the Revised Code. If the court 1,115
determines that an order of that nature would not be consistent 1,116
with those purposes and principles or if the offender violated 1,117
the conditions of a drug treatment program in which the offender 1,118
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 1,119
sanction, including a prison term. 1,120
(F) Notwithstanding divisions (A) to (E) of this section, 1,123
the court shall impose a prison term or terms under sections 1,124
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 1,125
Revised Code and except as specifically provided in section 1,126
2929.20 of the Revised Code or when parole is authorized for the 1,127
offense under section 2967.13 of the Revised Code, shall not 1,128
reduce the terms pursuant to section 2929.20, section 2967.193, 1,129
or any other provision of Chapter 2967. or Chapter 5120. of the 1,131
Revised Code for any of the following offenses: 1,132
(1) Aggravated murder when death is not imposed or murder; 1,134
(2) Any rape, regardless of whether force was involved and 1,136
regardless of the age of the victim, or an attempt to commit rape 1,137
by force when the victim is under thirteen years of age; 1,140
(3) Gross sexual imposition or sexual battery, if the 1,142
victim is under thirteen years of age, if the offender previously 1,144
was convicted of or pleaded guilty to rape, the former offense of 1,145
felonious sexual penetration, gross sexual imposition, or sexual 1,146
battery, and if the victim of the previous offense was under 1,148
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 1,151
27
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 1,152
(5) A first, second, or third degree felony drug offense 1,155
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 1,156
4729.99 of the Revised Code, whichever is applicable regarding 1,158
the violation, requires the imposition of a mandatory prison 1,159
term;
(6) Any offense that is a first or second degree felony 1,161
and that is not set forth in division (F)(1), (2), (3), or (4) of 1,163
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 1,165
degree felony, or an offense under an existing or former law of 1,166
this state, another state, or the United States that is or was 1,167
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 1,169
of the Revised Code, that is a felony, if the offender had a 1,170
firearm on or about the offender's person or under the offender's 1,171
control while committing the felony, with respect to a portion of 1,172
the sentence imposed pursuant to division (D)(1)(a) of section 1,174
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 1,176
the Revised Code when the most serious offense in the pattern of 1,178
corrupt activity that is the basis of the offense is a felony of 1,179
the first degree;
(9) Any sexually violent offense for which the offender 1,181
also is convicted of or pleads guilty to a sexually violent 1,182
predator specification that was included in the indictment, count 1,183
in the indictment, or information charging the sexually violent 1,184
offense;
(10) A violation of division (A)(1) or (2) of section 1,186
2921.36 of the Revised Code, or a violation of division (C) of 1,187
that section involving an item listed in division (A)(1) or (2) 1,188
of that section, if the offender is an officer or employee of the 1,189
28
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 1,192
if an offender is being sentenced for a fourth degree felony OMVI 1,193
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 1,194
accordance with the following: 1,195
(1) Except as provided in division (G)(2) of this section, 1,197
the court shall impose upon the offender a mandatory term of 1,198
local incarceration of sixty days as specified in division (A)(4) 1,199
of section 4511.99 of the Revised Code and shall not reduce the 1,200
term pursuant to section 2929.20, 2967.193, or any other 1,201
provision of the Revised Code. The court that imposes a 1,202
mandatory term of local incarceration under this division shall 1,203
specify whether the term is to be served in a jail, a 1,204
community-based correctional facility, a halfway house, or an 1,205
alternative residential facility, and the offender shall serve 1,206
the term in the type of facility specified by the court. The 1,207
court shall not sentence the offender to a prison term and shall 1,208
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 1,209
incarceration imposed under division (G)(1) of this section is 1,210
not subject to extension under section 2967.11 of the Revised 1,211
Code, to a period of post-release control under section 2967.28 1,212
of the Revised Code, or to any other Revised Code provision that 1,213
pertains to a prison term.
(2) If the offender previously has been sentenced to a 1,215
mandatory term of local incarceration pursuant to division (G)(1) 1,216
of this section for a fourth degree felony OMVI offense, the 1,217
court shall impose upon the offender a mandatory prison term of 1,218
sixty days as specified in division (A)(4) of section 4511.99 of 1,219
the Revised Code and shall not reduce the term pursuant to 1,220
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 1,221
to a mandatory term of local incarceration pursuant to division 1,222
29
(G)(1) of this section for a fourth degree felony OMVI offense be 1,223
sentenced to another mandatory term of local incarceration under 1,224
that division for a fourth degree felony OMVI offense. The court 1,225
shall not sentence the offender to a community control sanction 1,226
under section 2929.16 or 2929.17 of the Revised Code. The 1,227
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 1,228
intensive program prison established pursuant to section 5120.033 1,229
of the Revised Code if the department gave the sentencing judge 1,230
prior notice of its intent to place the offender in an intensive 1,231
program prison established under that section and if the judge 1,232
did not notify the department that the judge disapproved the 1,233
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 1,234
that is privately operated and managed by a contractor pursuant 1,235
to a contract entered into under section 9.06 of the Revised 1,236
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 1,238
make a reasonable effort to ensure that a sufficient number of 1,239
offenders sentenced to a mandatory prison term under this 1,240
division are placed in the privately operated and managed prison 1,241
so that the privately operated and managed prison has full 1,242
occupancy.
(b) Unless the privately operated and managed prison has 1,244
full occupancy, the department of rehabilitation and correction 1,245
shall not place any offender sentenced to a mandatory prison term 1,246
under this division in any intensive program prison established 1,247
pursuant to section 5120.033 of the Revised Code other than the 1,249
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 1,252
oriented offense committed on or after January 1, 1997, the judge 1,253
shall require the offender to submit to a DNA specimen collection 1,255
procedure pursuant to section 2901.07 of the Revised Code if 1,257
either of the following applies:
30
(1) The offense was a sexually violent offense, and the 1,259
offender also was convicted of or pleaded guilty to a sexually 1,260
violent predator specification that was included in the 1,261
indictment, count in the indictment, or information charging the 1,262
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 1,264
offense determines pursuant to division (B) of section 2950.09 of 1,265
the Revised Code that the offender is a sexual predator. 1,266
(I) If an offender is being sentenced for a sexually 1,269
oriented offense committed on or after January 1, 1997, the judge 1,270
shall include in the sentence a summary of the offender's duty to 1,272
register pursuant to section 2950.04 of the Revised Code, the 1,273
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 1,274
section 2950.05 of the Revised Code, the offender's duty to 1,275
periodically verify the offender's current residence address 1,276
pursuant to section 2950.06 of the Revised Code, and the duration 1,277
of the duties. The judge shall inform the offender, at the time 1,278
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 1,280
Code, shall perform the duties specified in that section. 1,281
Sec. 2929.18. (A) Except as otherwise provided in this 1,290
division and in addition to imposing court costs pursuant to 1,291
section 2947.23 of the Revised Code, the court imposing a 1,292
sentence upon an offender for a felony may sentence the offender 1,293
to any financial sanction or combination of financial sanctions 1,295
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 1,296
offender a fine in accordance with that section. If the offender 1,297
is sentenced to a sanction of confinement pursuant to section 1,298
2929.14 or 2929.16 of the Revised Code that is to be served in a 1,299
facility operated by a board of county commissioners, a 1,300
legislative authority of a municipal corporation, or another 1,301
governmental entity, the court imposing sentence upon an offender 1,302
31
for a felony shall comply with division (A)(4)(b) of this section 1,303
in determining whether to sentence the offender to a financial 1,304
sanction described in division (A)(4)(a) of this section. 1,305
Financial sanctions that may be imposed pursuant to this section 1,306
include, but are not limited to, the following: 1,307
(1) Restitution by the offender to the victim of the 1,309
offender's crime or any survivor of the victim, in an amount 1,310
based on the victim's economic loss. The court shall order that 1,311
the restitution be made to the adult probation department that 1,312
serves the county on behalf of the victim, to the clerk of 1,313
courts, or to another agency designated by the court, except that 1,314
it may include a requirement that reimbursement be made to third 1,315
parties for amounts paid to or on behalf of the victim or any 1,316
survivor of the victim for economic loss resulting from the 1,317
offense. If reimbursement to third parties is required, the 1,318
reimbursement shall be made to any governmental agency to repay 1,319
any amounts paid by the agency to or on behalf of the victim or 1,320
any survivor of the victim for economic loss resulting from the 1,321
offense before any reimbursement is made to any person other than 1,322
a governmental agency. If no governmental agency incurred 1,323
expenses for economic loss of the victim or any survivor of the 1,324
victim resulting from the offense, the reimbursement shall be 1,325
made to any person other than a governmental agency to repay 1,326
amounts paid by that person to or on behalf of the victim or any 1,327
survivor of the victim for economic loss of the victim resulting 1,329
from the offense. The court shall not require an offender to 1,330
repay an insurance company for any amounts the company paid on 1,331
behalf of the offender pursuant to a policy of insurance. At 1,332
sentencing, the court shall determine the amount of restitution 1,334
to be made by the offender. All restitution payments shall be 1,335
credited against any recovery of economic loss in a civil action 1,336
brought by the victim or any survivor of the victim against the 1,337
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 1,339
32
this section, a fine payable by the offender to the state, to a 1,340
political subdivision, or as described in division (B)(2) of this 1,342
section to one or more law enforcement agencies, with the amount 1,343
of the fine based on a standard percentage of the offender's 1,344
daily income over a period of time determined by the court and 1,345
based upon the seriousness of the offense. A fine ordered under 1,346
this division shall not exceed the statutory fine amount 1,347
authorized for the level of the offense under division (A)(3) of 1,348
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 1,350
this section, a fine payable by the offender to the state, to a 1,351
political subdivision when appropriate for a felony, or as 1,352
described in division (B)(2) of this section to one or more law 1,354
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 1,357
thousand dollars;
(b) For a felony of the second degree, not more than 1,360
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 1,363
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,366
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,369
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,372
reimbursement by the offender of any or all of the costs of 1,374
sanctions incurred by the government, including the following: 1,375
(i) All or part of the costs of implementing any community 1,378
control sanction;
(ii) All or part of the costs of confinement under a 1,381
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,382
Revised Code, provided that the amount of reimbursement ordered 1,383
under this division shall not exceed the total amount of 1,384
reimbursement the offender is able to pay as determined at a 1,385
33
hearing and shall not exceed the actual cost of the confinement; 1,386
(b) If the offender is sentenced to a sanction of 1,388
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,389
Code that is to be served in a facility operated by a board of 1,391
county commissioners, a legislative authority of a municipal 1,392
corporation, or another local governmental entity, one of the
following applies: 1,393
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,395
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 1,396
Revised Code, the board, legislative authority, or other local 1,397
governmental entity requires prisoners convicted of an offense 1,398
other than a minor misdemeanor to reimburse the county, municipal 1,399
corporation, or other entity for its expenses incurred by reason 1,400
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 1,401
the offender to reimburse the county, municipal corporation, or 1,402
other local governmental entity for the cost of the confinement. 1,403
In addition, the court may impose any other financial sanction 1,404
under this section.
(ii) If, pursuant to any section identified in division 1,406
(A)(4)(b)(i) of this section, the board, legislative authority, 1,408
or other local governmental entity has adopted a resolution or 1,410
ordinance specifying that prisoners convicted of felonies are not 1,411
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,413
the prisoner's confinement, the court shall not impose a 1,414
financial sanction under division (A)(4)(a) of this section that 1,415
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 1,416
the confinement, but the court may impose any other financial 1,418
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,420
of this section applies, the court may impose, but is not 1,421
required to impose, any financial sanction under this section. 1,422
34
(c) Reimbursement by the offender for costs pursuant to 1,425
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 1,428
violation of any provision of Chapter 2925., 3719., or 4729. of 1,429
the Revised Code, the sentencing court shall impose upon the 1,430
offender a mandatory fine of at least one-half of, but not more 1,431
than, the maximum statutory fine amount authorized for the level 1,432
of the offense pursuant to division (A)(3) of this section. If 1,433
an offender alleges in an affidavit filed with the court prior to 1,435
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,436
indigent person and is unable to pay the mandatory fine described 1,437
in this division, the court shall not impose the mandatory fine 1,438
upon the offender.
(2) Any mandatory fine imposed upon an offender under 1,440
division (B)(1) of this section and any fine imposed upon an 1,442
offender under division (A)(2) or (3) of this section for any 1,443
fourth or fifth degree felony violation of any provision of 1,444
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,445
to law enforcement agencies pursuant to division (F) of section 1,446
2925.03 of the Revised Code. 1,447
(3) For a fourth degree felony OMVI offense and for a 1,451
third degree felony OMVI offense, the sentencing court shall 1,452
impose upon the offender a mandatory fine in the amount specified 1,453
in division (A)(4) of section 4511.99 of the Revised Code. The 1,455
mandatory fine so imposed shall be disbursed as provided in 1,456
division (A)(4) of section 4511.99 of the Revised Code. 1,458
(4) Notwithstanding any fine otherwise authorized or 1,461
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,462
this section or section 2929.31 of the Revised Code for a 1,463
violation of section 2925.03 or 2925.07 of the Revised Code, in 1,464
addition to any penalty or sanction imposed for that offense 1,465
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 1,466
of the Revised Code and in addition to the forfeiture of property 1,468
35
in connection with the offense as prescribed in sections 2925.42 1,469
to 2925.45 of the Revised Code, the court that sentences an 1,471
offender for a violation of section 2925.03 or 2925.07 of the 1,472
Revised Code may impose upon the offender a fine in addition to 1,473
any fine imposed under division (A)(2) or (3) of this section and 1,475
in addition to any mandatory fine imposed under division (B)(1) 1,476
of this section. The fine imposed under division (B)(4) of this 1,477
section shall be used as provided in division (H) of section 1,478
2925.03 of the Revised Code. A fine imposed under division 1,479
(B)(4) of this section shall not exceed whichever of the 1,480
following is applicable:
(a) The total value of any personal or real property in 1,483
which the offender has an interest and that was used in the 1,484
course of, intended for use in the course of, derived from, or 1,485
realized through conduct in violation of section 2925.03 or 1,486
2925.07 of the Revised Code, including any property that 1,487
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 1,490
type described in division (B)(4)(a) of this section or if it is 1,491
not possible to ascertain whether the offender has an interest in 1,493
any property of that type in which the offender may have an 1,494
interest, the amount of the mandatory fine for the offense 1,495
imposed under division (B)(1) of this section or, if no mandatory 1,496
fine is imposed under division (B)(1) of this section, the amount 1,497
of the fine authorized for the level of the offense imposed under 1,499
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,502
section, the court shall determine whether the offender has an 1,503
interest in any property of the type described in division 1,504
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,506
or (7) of this section, a fine that is authorized and imposed 1,507
under division (B)(4) of this section does not limit or affect 1,509
the imposition of the penalties and sanctions for a violation of 1,510
section 2925.03 or 2925.07 of the Revised Code prescribed under 1,511
36
those sections or sections 2929.11 to 2929.18 of the Revised Code 1,514
and does not limit or affect a forfeiture of property in 1,515
connection with the offense as prescribed in sections 2925.42 to 1,516
2925.45 of the Revised Code. 1,517
(6) If the sum total of a mandatory fine amount imposed 1,519
for a first, second, or third degree felony violation of section 1,520
2925.03 or a third degree felony violation of section 2925.07 of 1,522
the Revised Code under division (B)(1) of this section plus the 1,523
amount of any fine imposed under division (B)(4) of this section 1,525
does not exceed the maximum statutory fine amount authorized for 1,526
the level of the offense under division (A)(3) of this section or 1,527
section 2929.31 of the Revised Code, the court may impose a fine 1,529
for the offense in addition to the mandatory fine and the fine 1,530
imposed under division (B)(4) of this section. The sum total of 1,531
the amounts of the mandatory fine, the fine imposed under 1,532
division (B)(4) of this section, and the additional fine imposed 1,533
under division (B)(6) of this section shall not exceed the 1,535
maximum statutory fine amount authorized for the level of the 1,536
offense under division (A)(3) of this section or section 2929.31 1,537
of the Revised Code. The clerk of the court shall pay any fine 1,538
that is imposed under division (B)(6) of this section to the 1,539
county, township, municipal corporation, park district as created 1,541
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,542
state law enforcement agencies in this state that primarily were 1,543
responsible for or involved in making the arrest of, and in 1,544
prosecuting, the offender pursuant to division (F) of section 1,545
2925.03 of the Revised Code. 1,546
(7) If the sum total of the amount of a mandatory fine 1,548
imposed for a first, second, or third degree felony violation of 1,549
section 2925.03 or a third degree felony violation of section 1,550
2925.07 of the Revised Code plus the amount of any fine imposed 1,552
under division (B)(4) of this section exceeds the maximum 1,553
statutory fine amount authorized for the level of the offense 1,554
under division (A)(3) of this section or section 2929.31 of the 1,555
37
Revised Code, the court shall not impose a fine under division 1,556
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,559
the offender pursuant to division (A)(4)(a) of this section to 1,561
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,563
confine offenders pursuant to sanctions imposed under section 1,564
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,565
The treasurer of state shall deposit the reimbursements in the 1,566
confinement cost reimbursement fund that is hereby created in the 1,567
state treasury. The department of rehabilitation and correction 1,568
shall use the amounts deposited in the fund to fund the operation 1,569
of facilities used to confine offenders pursuant to sections 1,570
2929.14 and 2929.16 of the Revised Code. 1,571
(2) Except as provided in section 2951.021 of the Revised 1,573
Code, the offender shall pay reimbursements imposed upon the 1,574
offender pursuant to division (A)(4)(a) of this section to pay 1,576
the costs incurred by a county pursuant to any sanction imposed 1,577
under this section or section 2929.16 or 2929.17 of the Revised 1,578
Code or in operating a facility used to confine offenders 1,579
pursuant to a sanction imposed under section 2929.16 of the 1,580
Revised Code to the county treasurer. The county treasurer shall 1,581
deposit the reimbursements in the sanction cost reimbursement 1,582
fund that each board of county commissioners shall create in its 1,583
county treasury. The county shall use the amounts deposited in 1,584
the fund to pay the costs incurred by the county pursuant to any 1,585
sanction imposed under this section or section 2929.16 or 2929.17 1,586
of the Revised Code or in operating a facility used to confine 1,588
offenders pursuant to a sanction imposed under section 2929.16 of 1,589
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,591
Code, the offender shall pay reimbursements imposed upon the 1,592
offender pursuant to division (A)(4)(a) of this section to pay 1,594
the costs incurred by a municipal corporation pursuant to any 1,595
38
sanction imposed under this section or section 2929.16 or 2929.17 1,596
of the Revised Code or in operating a facility used to confine 1,597
offenders pursuant to a sanction imposed under section 2929.16 of 1,598
the Revised Code to the treasurer of the municipal corporation. 1,600
The treasurer shall deposit the reimbursements in a special fund 1,601
that shall be established in the treasury of each municipal 1,602
corporation. The municipal corporation shall use the amounts 1,603
deposited in the fund to pay the costs incurred by the municipal 1,604
corporation pursuant to any sanction imposed under this section 1,605
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,606
a facility used to confine offenders pursuant to a sanction 1,607
imposed under section 2929.16 of the Revised Code. 1,608
(4) Except as provided in section 2951.021 of the Revised 1,610
Code, the offender shall pay reimbursements imposed pursuant to 1,611
division (A)(4)(a) of this section for the costs incurred by a 1,612
private provider pursuant to a sanction imposed under this 1,613
section or section 2929.16 or 2929.17 of the Revised Code to the 1,614
provider.
(D) A financial sanction imposed pursuant to division (A) 1,616
or (B) of this section is a judgment in favor of the state or a 1,617
political subdivision in which the court that imposed the 1,618
financial sanction is located, except that a financial sanction 1,619
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,621
this section upon an offender who is incarcerated in a state 1,622
facility or a municipal jail is a judgment in favor of the state 1,623
or the municipal corporation, a financial sanction of 1,624
reimbursement imposed upon an offender pursuant to this section 1,625
for costs incurred by a private provider of sanctions is a 1,626
judgment in favor of the private provider, and a financial 1,627
sanction of restitution imposed pursuant to this section is a 1,628
judgment in favor of the victim of the offender's criminal act. 1,629
The offender subject to the sanction is the judgment debtor. 1,630
Imposition of a financial sanction and execution on the judgment 1,631
does not preclude any other power of the court to impose or
39
enforce sanctions on the offender. Once the financial sanction 1,632
is imposed as a judgment, the victim, private provider, state, or 1,633
political subdivision may bring an action to do any of the 1,634
following:
(1) Obtain execution of the judgment through any available 1,637
procedure, including:
(a) An execution against the property of the judgment 1,640
debtor under Chapter 2329. of the Revised Code; 1,641
(b) An execution against the person of the judgment debtor 1,644
under Chapter 2331. of the Revised Code; 1,645
(c) A proceeding in aid of execution under Chapter 2333. 1,648
of the Revised Code, including: 1,649
(i) A proceeding for the examination of the judgment 1,652
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,653
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,656
judgment debtor under section 2333.28 of the Revised Code; 1,657
(iii) A creditor's suit under section 2333.01 of the 1,660
Revised Code.
(d) The attachment of the property of the judgment debtor 1,663
under Chapter 2715. of the Revised Code; 1,664
(e) The garnishment of the property of the judgment debtor 1,667
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,669
judgment debtor under section 1321.33 of the Revised Code. 1,671
(E) A court that imposes a financial sanction upon an 1,673
offender may hold a hearing if necessary to determine whether the 1,674
offender is able to pay the sanction or is likely in the future 1,675
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,678
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,680
enter into contracts with one or more public agencies or private 1,681
vendors for the collection of, amounts due under the financial 1,682
40
sanction imposed pursuant to this section or section 2929.25 of 1,683
the Revised Code. Before entering into a contract for the 1,684
collection of amounts due from an offender pursuant to any 1,685
financial sanction imposed pursuant to this section or section 1,686
2929.25 of the Revised Code, a court shall comply with sections 1,687
307.86 to 307.92 of the Revised Code. 1,688
(G) If a court that imposes a financial sanction under 1,691
division (A) or (B) of this section finds that an offender 1,692
satisfactorily has completed all other sanctions imposed upon the 1,693
offender and that all restitution that has been ordered has been 1,694
paid as ordered, the court may suspend any financial sanctions 1,695
imposed pursuant to this section or section 2929.25 of the 1,696
Revised Code that have not been paid. 1,697
(H) No financial sanction imposed under this section or 1,700
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,701
Section 2. That existing sections 2925.03, 2929.13, and 1,703
2929.18 and section 2925.07 of the Revised Code are hereby 1,704
repealed.
Section 3. Section 2929.18 of the Revised Code is 1,706
presented in this act as a composite of the section as amended by 1,707
both Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of the 123rd General 1,708
Assembly, with the new language of neither of the acts shown in 1,709
capital letters. This is in recognition of the principle stated
in division (B) of section 1.52 of the Revised Code that such 1,710
amendments are to be harmonized where no substantively 1,711
irreconcilable and constitutes a legislative finding that such is 1,712
the resulting version in effect prior to the effective date of 1,713
this act.