As Reported by House Transportation and Public Safety Committee   1            

123rd General Assembly                                             4            

   Regular Session                                   H. B. No. 80  5            

      1999-2000                                                    6            


     REPRESENTATIVES COUGHLIN-BRADING-GARDNER-HAINES-JERSE-        7            

     LUCAS-METZGER-OLMAN-PRINGLE-TERWILLEGER-ROMAN-CALVERT-        8            

                  EVANS-DePIERO-KRUPINSKI-MEAD                     9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 4503.233, 4507.164, 4511.193, and   13           

                4511.99 of the Revised Code to require the         14           

                criminal forfeiture to the state of the  motor     15           

                vehicle a person was operating at the time the     16           

                person committed a third state or local OMVI       17           

                offense within a six-year period, rather  than     18           

                the impoundment of the motor vehicle for 180       19           

                days.                                                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 4503.233, 4507.164, 4511.193, and  23           

4511.99 of the Revised Code be amended to read as follows:         24           

      Sec. 4503.233.  (A)(1)  As used in this section, "vehicle    34           

owner" means either of the following:                              35           

      (a)  The person in whose name is registered, at the time of  37           

the offense, a vehicle that is subject to an immobilization order  38           

issued under division (A)(2) of this section;                      39           

      (b)  A person to whom, at the time of the offense, the       41           

certificate of title to a vehicle has been assigned and who has    42           

not obtained a certificate of title to the vehicle in that         43           

person's name but who is deemed by the court as being the owner    44           

of the vehicle at the time of the offense for which the vehicle                 

is subject to an immobilization and impoundment order issued       45           

under division (A)(2) of this section.                             46           

      (2)  If a court is required to order the immobilization of   48           

                                                          2      


                                                                 
a vehicle for a specified period of time pursuant to division      49           

(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99,        50           

pursuant to division (A)(2)(b) or (3)(b) of section 4511.99,       51           

pursuant to division (B)(1) or (2) or (C)(1) or (2) of section     52           

4507.361, or pursuant to division (B)(2)(a) or (b) of section      53           

4511.193 of the Revised Code, the court shall issue an             54           

immobilization order, subject to section 4503.235 of the Revised   56           

Code, in accordance with this division and for the period of time  57           

specified in the particular division, and the immobilization                    

under the order shall be in accordance with this section.  The     59           

court, at the time of sentencing the offender for the offense      60           

relative to which the immobilization order is issued or as soon    61           

thereafter as is practicable, shall give a copy of the order to    62           

the offender or the offender's counsel and to the vehicle owner    63           

or the vehicle owner's counsel.  The court promptly shall send a   64           

copy of the order to the registrar on a form prescribed by the     65           

registrar and to the person or agency it designates to execute                  

the order.                                                         66           

      The order shall indicate the date on which it is issued,     68           

shall identify the vehicle that is subject to the order, and       69           

shall specify all of the following:                                70           

      (a)  The period of the immobilization;                       72           

      (b)  The place at which the court determines that the        74           

immobilization shall be carried out, provided that the court       75           

shall not determine and shall not specify that the immobilization  76           

is to be carried out at any place other than a commercially        77           

operated private storage lot, a place owned by a law enforcement   78           

or other government agency, or a place to which one of the         79           

following applies:                                                 80           

      (i)  The place is leased by or otherwise under the control   82           

of a law enforcement or other government agency.                   83           

      (ii)  The place is owned by the offender, the offender's     85           

spouse, or a parent or child of the offender.                      86           

      (iii)  The place is owned by a private person or entity,     88           

                                                          3      


                                                                 
and, prior to the issuance of the order, the private entity or     89           

person that owns the place, or the authorized agent of that        90           

private entity or person, has given express written consent for    91           

the immobilization to be carried out at that place.                92           

      (iv)  The place is a public street or highway on which the   94           

vehicle is parked in accordance with the law.                      95           

      (c)  The person or agency designated by the court to         97           

execute the order, which shall be either the law enforcement       98           

agency that employs the law enforcement officer who seized the     99           

vehicle, a bailiff of the court, another person the court          100          

determines to be appropriate to execute the order, or the law      101          

enforcement agency with jurisdiction over the place of residence   102          

of the vehicle owner;                                              103          

      (d)  THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL  105          

BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE        106          

REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE       107          

OWNER UNTIL THE IMMOBILIZATION FEE IS PAID.                        108          

      (3)  The person or agency the court designates to            110          

immobilize the vehicle shall seize or retain that vehicle's        111          

license plates and forward them to the bureau of motor vehicles.   112          

      (4)  In all cases, the vehicle owner shall be assessed an    115          

immobilization fee of one hundred dollars, and the immobilization  116          

fee shall be paid to the registrar before the vehicle may be       117          

released to the vehicle, and that neither the registrar nor a      118          

deputy registrar will be permitted to accept an application for                 

the license plate registration of any motor vehicle in the name    119          

of the vehicle owner until the immobilization fee is paid owner.   120          

Neither the registrar nor a deputy registrar shall accept an       121          

application for the registration of any motor vehicle in the name  122          

of the vehicle owner until the immobilization fee is paid.         123          

      (5)  If the vehicle subject to the order is immobilized      126          

pursuant to the order and is found being operated upon any street  127          

or highway in this state during the immobilization period, it      128          

shall be seized, removed from the street or highway, and           129          

                                                          4      


                                                                 
criminally forfeited and disposed of pursuant to section 4503.234  130          

of the Revised Code.                                                            

      the owner's                                                  132          

      (6)  The registrar shall deposit the immobilization fee      134          

into the law enforcement reimbursement fund created by section     135          

4501.19 of the Revised Code.  Money in the fund shall be expended  136          

only as provided in division (A)(6) of this section.  If the       137          

court designated in the order a court bailiff or another           138          

appropriate person other than a law enforcement officer to         139          

immobilize the vehicle, the amount of the fee deposited into the   140          

law enforcement reimbursement fund shall be paid out to the        141          

county treasury if the court that issued the order is a county     142          

court, to the treasury of the municipal corporation served by the  143          

court if the court that issued the order is a mayor's court, or    144          

to the city treasury of the legislative authority of the court,    145          

both as defined in section 1901.03 of the Revised Code, if the     146          

court that issued the order is a municipal court.  If the court    147          

designated a law enforcement agency to immobilize the vehicle and  148          

if the law enforcement agency immobilizes the vehicle, the amount  149          

of the fee deposited into the law enforcement reimbursement fund   150          

shall be paid out to the law enforcement agency to reimburse the   151          

agency for the costs it incurs in obtaining immobilization         152          

equipment and, if required, in sending an officer or other person  153          

to search for and locate the vehicle specified in the              154          

immobilization order and to immobilize the vehicle.                155          

      In addition to the immobilization fee required to be paid    157          

under division (A)(4) of this section, the vehicle owner may be    159          

charged expenses or charges incurred in the removal and storage                 

of the immobilized vehicle.                                        160          

      (B)  If a court issues an immobilization order under         163          

division (A)(2) of this section, the person or agency designated   164          

by the court to execute the immobilization order promptly shall    165          

immobilize or continue the immobilization of the vehicle at the    166          

place specified by the court in the order.  The registrar shall                 

                                                          5      


                                                                 
not authorize the release of the vehicle or authorize the          167          

issuance of new identification license plates for the vehicle at   168          

the end of the immobilization period the owner's until the         169          

immobilization fee has been paid.                                  170          

      the owner's                                                  172          

      (C)  Upon receipt of the license plates for a vehicle under  174          

this section, the registrar the registrar's shall destroy the      175          

license plates.  At the end of the immobilization period and upon  176          

the payment of the immobilization fee that must be paid under      177          

this section, the registrar shall authorize the release of the     178          

vehicle and authorize the issuance, upon the payment of the same   179          

fee as is required for the replacement of lost, mutilated, or      180          

destroyed license plates and certificates of registration, of new  182          

license plates and, if necessary, a new certificate of             183          

registration to the vehicle owner for the vehicle in question.     184          

      (D)(1)  If a court issues an immobilization order under      186          

division (A) of this section, the immobilization period commences  188          

on the day on which the vehicle in question is immobilized the     189          

owner.  If the vehicle in question had been seized under section   190          

4507.38 or 4511.195 of the Revised Code, the time between the      191          

seizure and the beginning of the immobilization period shall be    192          

credited against the immobilization period specified in the        194          

immobilization order issued under division (A) of this section.    195          

No vehicle that is impounded under this section is eligible to     196          

have special license plates of the type described in section       197          

4503.231 of the Revised Code issued for that vehicle.                           

      (2)  If a court issues an immobilization order under         199          

division (A) of this section, if the vehicle subject to the order  201          

is immobilized under the order, and if the vehicle is found being  202          

operated upon any street or highway of this state during the       203          

immobilization period, it shall be seized, removed from the        204          

street or highway, and criminally forfeited, and disposed of       205          

pursuant to section 4503.234 of the Revised Code.  No vehicle      206          

that is forfeited under this provision shall be considered         207          

                                                          6      


                                                                 
contraband for purposes of section 2933.41, 2933.42, or 2933.43    208          

of the Revised Code, but shall be held by the law enforcement      209          

agency that employs the officer who seized it for disposal in      210          

accordance with section 4503.234 of the Revised Code.              211          

      (3)  If a court issues an immobilization order under         213          

division (A) of this section, and if the vehicle is not claimed    215          

within seven days after the end of the period of immobilization    216          

or if the vehicle owner the owner's has not paid the                            

immobilization fee, the person or agency that immobilized the      218          

vehicle shall send a written notice to the vehicle owner at the    219          

vehicle owner's last known address informing the vehicle owner of  220          

the date on which the period of immobilization ended, that the     221          

owner the owner's the vehicle owner has twenty days after the      222          

date of the notice to pay the immobilization fee and obtain the    224          

release of the vehicle, and that if the owner the owner's the      225          

vehicle owner does not pay the fee and obtain the release of the   226          

vehicle within that twenty-day period, the vehicle will be         227          

forfeited under section 4503.234 of the Revised Code to the        228          

entity that is entitled to the immobilization fee.                              

      (4)  An owner of a motor vehicle that is subject to an       230          

immobilization order issued under division (A) of this section     232          

shall not sell the motor vehicle without approval of the court     233          

that issued the order.  If such an owner wishes to sell such a     234          

the motor vehicle during the immobilization period, the owner      235          

shall apply to the court that issued the immobilization order for  236          

permission to assign the title to the vehicle.  If the court is    238          

satisfied that the sale will be in good faith and not for the                   

purpose of circumventing the provisions of division (A)(2) of      239          

this section, it may certify its consent to the owner and to the   240          

registrar.  Upon receipt of the court's consent, the registrar     241          

shall enter the court's notice in the owner's vehicle license      242          

plate registration record.                                                      

      If, during a period of immobilization under an               244          

immobilization order issued under division (A) of this section,    246          

                                                          7      


                                                                 
the title to the immobilized motor vehicle is transferred by the   247          

foreclosure of a chattel mortgage, a sale upon execution, the      248          

cancellation of a conditional sales contract, or an order of a     249          

court, the involved court shall notify the registrar of the        250          

action, and the registrar shall enter the court's notice in the    251          

owner's vehicle license plate registration record.                 252          

      Nothing in this section shall be construed as requiring the  254          

registrar or the clerk of the court of common pleas to note upon   255          

the certificate of title records any prohibition regarding the     256          

sale of a motor vehicle.                                                        

      (5)  If the title to a motor vehicle that is subject to an   258          

immobilization order under division (A) of this section is         260          

assigned or transferred without court approval between the time    261          

of arrest of the person who was operating the vehicle at the time  262          

of the offense for which such an order is to be issued and the     263          

time of the actual immobilization of the vehicle, the court shall  264          

order that, for a period of two years from the date of the order,  265          

neither the registrar nor any deputy registrar shall accept an     266          

application for the registration of any motor vehicle in the name  267          

of the owner of the vehicle that was assigned or transferred       268          

without court approval.  The court shall notify the registrar of   269          

the order on a form prescribed by the registrar for that purpose.  270          

      (E)(1)  The court with jurisdiction over the case, after     272          

notice to all interested parties including lienholders, and after  273          

an opportunity for them to be heard, if the vehicle owner fails    274          

to appear in person, without good cause, or if the court finds     275          

that the vehicle owner does not intend to seek release of the      276          

vehicle at the end of the period of immobilization or that the     277          

vehicle owner is not or will not be able to pay the expenses and   278          

charges incurred in its removal and storage, may order that title  279          

to the vehicle be transferred, in order of priority, first into    280          

the name of the entity entitled to the immobilization fee under    281          

division (A)(6) of this section, next into the name of a           282          

lienholder, or lastly, into the name of the owner of the place of  283          

                                                          8      


                                                                 
storage.                                                           284          

      A lienholder that receives title under a court order shall   287          

do so on the condition that it pay any expenses or charges         288          

incurred in the vehicle's removal and storage.  If the entity                   

that receives title to the vehicle is the entity that is entitled  289          

to the immobilization fee under division (A)(6) of this section,   290          

it shall receive title on the condition that it pay any lien on    291          

the vehicle.  The court shall not order that title be transferred  292          

to any person or entity other than the owner of the place of       293          

storage if the person or entity refuses to receive the title.      294          

Any person or entity that receives title may either keep title to  295          

the vehicle or may dispose of the vehicle in any legal manner      296          

that it considers appropriate, including assignment of the         297          

certificate of title to the motor vehicle to a salvage dealer or   298          

a scrap metal processing facility.  The person or entity shall     299          

not transfer the vehicle to the person who is the vehicle's        300          

immediate previous owner.                                          301          

      If the person or entity assigns the motor vehicle to a       303          

salvage dealer or scrap metal processing facility, the person or   305          

entity shall send the assigned certificate of title to the motor   306          

vehicle to the clerk of the court of common pleas of the county    307          

in which the salvage dealer or scrap metal processing facility is  308          

located.  The person or entity shall mark the face of the                       

certificate of title with the words "FOR DESTRUCTION" and shall    309          

deliver a photocopy of the certificate of title to the salvage     310          

dealer or scrap metal processing facility for its records.         311          

      (2)  Whenever a court issues an order under division (E)(1)  313          

of this section, the court also shall order removal of the         314          

license plates from the vehicle and cause them to be sent to the   315          

registrar if they have not already been sent to the registrar.     316          

Thereafter, no further proceedings shall take place under this     317          

section, but the vehicle owner remains liable for payment of the   318          

immobilization fee described in division (A)(4) of this section    319          

if an immobilization order previously had been issued by the       320          

                                                          9      


                                                                 
court.                                                                          

      (3)  Prior to initiating a proceeding under division (E)(1)  322          

of this section, and upon payment of the fee under division (B)    323          

of section 4505.14 of the Revised Code, any interested party may   324          

cause a search to be made of the public records of the bureau of   325          

motor vehicles or the clerk of the court of common pleas, to       326          

ascertain the identity of any lienholder of the vehicle.  The      327          

initiating party shall furnish this information to the clerk of    328          

the court with jurisdiction over the case, and the clerk shall     330          

provide notice to the vehicle owner, the defendant, any            331          

lienholder, and any other interested parties listed by the         332          

initiating party, at the last known address supplied by the        333          

initiating party, by certified mail or, at the option of the       334          

initiating party, by personal service or ordinary mail.            335          

      As used in this section, "interested party" includes the     337          

vehicle owner, all lienholders, the defendant, the owner of the    338          

place of storage, the person or entity that caused the vehicle to  339          

be removed, and the person or entity, if any, entitled to the      340          

immobilization fee under division (A)(6) of this section.          341          

      Sec. 4507.164.  (A)  Except as provided in divisions (C) to  350          

(E) of this section, when the license of any person is suspended   351          

or revoked pursuant to any provision of the Revised Code other     352          

than division (B) of section 4507.16 of the Revised Code, the      353          

trial judge may impound the identification license plates of any   354          

motor vehicle registered in the name of the person.                355          

      (B)(1)  When the license of any person is suspended or       357          

revoked pursuant to division (B)(1) of section 4507.16 of the      358          

Revised Code, the trial judge of the court of record or the mayor  359          

of the mayor's court that suspended or revoked the license may     360          

impound the identification license plates of any motor vehicle     361          

registered in the name of the person.                              362          

      (2)  When the license of any person is suspended or revoked  364          

pursuant to division (B)(2) or (3) of section 4507.16 of the       365          

Revised Code, the trial judge of the court of record that          366          

                                                          10     


                                                                 
suspended or revoked the license shall order the impoundment of    367          

the identification license plates of the motor vehicle the         368          

offender was operating at the time of the offense and the          369          

immobilization of that vehicle in accordance with section          370          

4503.233 and division (A)(2) or (3) of section 4511.99 or          371          

division (B)(2)(a) or (b) of section 4511.193 of the Revised Code  372          

and may impound the identification license plates of any other     373          

motor vehicle registered in the name of the person whose license   374          

is suspended or revoked.                                           375          

      (3)  When the license of any person is suspended or revoked  377          

pursuant to division (B)(3) OR (4) of section 4507.16 of the       378          

Revised Code, the trial judge of the court of record that          380          

suspended or revoked the license shall order the criminal          381          

forfeiture to the state of the motor vehicle the offender was      382          

operating at the time of the offense in accordance with section    383          

4503.234 and division (A)(3) OR (4) of section 4511.99 or          384          

division (B)(2)(c)(b) of section 4511.193 of the Revised Code and  386          

may impound the identification license plates of any other motor   387          

vehicle registered in the name of the person whose license is      388          

suspended or revoked.                                                           

      (C)(1)  When a person is convicted of or pleads guilty to a  390          

violation of division (D)(2) of section 4507.02 of the Revised     391          

Code or a substantially equivalent municipal ordinance and         392          

division (B)(1) or (2) of section 4507.99 or division (C)(1) or    393          

(2) of section 4507.36 of the Revised Code applies, the trial      394          

judge of the court of record or the mayor of the mayor's court     395          

that imposes sentence shall order the immobilization of the        396          

vehicle the person was operating at the time of the offense and    397          

the impoundment of its identification license plates in            398          

accordance with section 4503.233 and division (B)(1) or (2) of     399          

section 4507.99 or division (C)(1) or (2) of section 4507.361 of   400          

the Revised Code and may impound the identification license        401          

plates of any other vehicle registered in the name of that         402          

person.                                                            403          

                                                          11     


                                                                 
      (2)  When a person is convicted of or pleads guilty to a     405          

violation of division (D)(2) of section 4507.02 of the Revised     406          

Code or a substantially equivalent municipal ordinance and         407          

division (B)(3) of section 4507.99 or division (C)(3) of section   408          

4507.361 of the Revised Code applies, the trial judge of the       409          

court of record that imposes sentence shall order the criminal     410          

forfeiture to the state of the vehicle the person was operating    411          

at the time of the offense in accordance with section 4503.234     412          

and division (B)(3) of section 4507.99 or division (C)(3) of       413          

section 4507.361 of the Revised Code and may impound the           414          

identification license plates of any other vehicle registered in   415          

the name of that person.                                           416          

      (D)(1)  When a person is convicted of or pleads guilty to a  418          

violation of division (B)(1) of section 4507.02 of the Revised     419          

Code or a substantially equivalent municipal ordinance and         420          

division (C)(1) or (2) of section 4507.99 or division (B)(1) or    421          

(2) of section 4507.361 of the Revised Code applies, the trial     422          

judge of the court of record or the mayor of the mayor's court     423          

that imposes sentence shall order the immobilization of the        424          

vehicle the person was operating at the time of the offense and    425          

the impoundment of its identification license plates in            426          

accordance with section 4503.233 and division (C)(1) or (2) of     427          

section 4507.99 or division (B)(1) or (2) of section 4507.361 of   428          

the Revised Code and may impound the identification license        429          

plates of any other vehicle registered in the name of that         430          

person.                                                            431          

      (2)  When a person is convicted of or pleads guilty to a     433          

violation of division (B)(1) of section 4507.02 of the Revised     434          

Code or a substantially equivalent municipal ordinance and         435          

division (C)(3) of section 4507.99 or division (B)(3) of section   436          

4507.361 of the Revised Code applies, the trial judge of the       437          

court of RECORD that imposes sentence shall order the criminal     438          

forfeiture to the state of the vehicle the person was operating    439          

at the time of the offense in accordance with section 4503.234     440          

                                                          12     


                                                                 
and division (C)(3) of section 4507.99 or division (B)(3) of       441          

section 4507.361 of the Revised Code and may impound the           442          

identification license plates of any other vehicle registered in   443          

the name of that person.                                           444          

      (E)(1)  When a person is convicted of or pleads guilty to a  446          

violation of section 4507.33 of the Revised Code and the person    447          

is sentenced pursuant to division (E)(1) of section 4507.99 of     448          

the Revised Code, the trial judge of the court of record or the    449          

mayor of the mayor's court that imposes sentence shall order the   450          

immobilization of the vehicle that was involved in the commission  451          

of the offense and the impoundment of its identification license   452          

plates in accordance with division (E)(1) of section 4507.99 and   453          

section 4503.233 of the Revised Code and may impound the           454          

identification license plates of any other vehicle registered in   455          

the name of that person.                                           456          

      (2)  When a person is convicted of or pleads guilty to a     458          

violation of section 4507.33 of the Revised Code and the person    459          

is sentenced pursuant to division (E)(2) of section 4507.99 of     460          

the Revised Code, the trial judge of the court of record or the    461          

mayor of the mayor's court that imposes sentence shall order the   462          

criminal forfeiture to the state of the vehicle that was involved  463          

in the commission of the offense in accordance with division       464          

(E)(2) of section 4507.99 and section 4503.234 of the Revised      465          

Code and may impound the identification license plates of any      466          

other vehicle registered in the name of that person.               467          

      (F)  Except as provided in section 4503.233 or 4503.234 of   469          

the Revised Code, when the certificate of registration, the        470          

identification license plates, or both have been impounded,        471          

division (F) of section 4507.02 of the Revised Code is             472          

applicable.                                                        473          

      Sec. 4511.193.  (A)  Twenty-five dollars of any fine         482          

imposed for a violation of a municipal ordinance relating to       483          

operating a vehicle while under the influence of alcohol, a drug   484          

of abuse, or alcohol and a drug of abuse or relating to operating  485          

                                                          13     


                                                                 
a vehicle with a prohibited concentration of alcohol in the        486          

blood, breath, or urine shall be deposited into the municipal or   487          

county indigent drivers alcohol treatment fund created pursuant    488          

to division (N) of section 4511.191 of the Revised Code in         489          

accordance with this section and section 733.40, divisions (A)     490          

and (B) of section 1901.024, division (F) of section 1901.31, or   491          

division (C) of section 1907.20 of the Revised Code.  Regardless   492          

of whether the fine is imposed by a municipal court, a mayor's     493          

court, or a juvenile court, if the fine was imposed for a          494          

violation of an ordinance of a municipal corporation that is       495          

within the jurisdiction of a municipal court, the twenty-five      496          

dollars that is subject to this section shall be deposited into    497          

the indigent drivers alcohol treatment fund of the municipal       498          

corporation in which is located the municipal court that has       499          

jurisdiction over that municipal corporation.  Regardless of       500          

whether the fine is imposed by a county court, a mayor's court,    501          

or a juvenile court, if the fine was imposed for a violation of    502          

an ordinance of a municipal corporation that is within the         503          

jurisdiction of a county court, the twenty-five dollars that is    504          

subject to this section shall be deposited into the indigent       505          

drivers alcohol treatment fund of the county in which is located   506          

the county court that has jurisdiction over that municipal         507          

corporation.  The deposit shall be made in accordance with         508          

section 733.40, divisions (A) and (B) of section 1901.024,         509          

division (F) of section 1901.31, or division (C) of section        510          

1907.20 of the Revised Code.                                       511          

      (B)(1)  The requirements and sanctions imposed by divisions  513          

(B)(1) and (2) of this section are an adjunct to and derive from   514          

the state's exclusive authority over the registration and titling  515          

of motor vehicles and do not comprise a part of the criminal       516          

sentence to be imposed upon a person who violates a municipal      517          

ordinance relating to operating a vehicle while under the          518          

influence of alcohol, a drug of abuse, or alcohol and a drug of    519          

abuse or relating to operating a vehicle with a prohibited         520          

                                                          14     


                                                                 
concentration of alcohol in the blood, breath, or urine.           521          

      (2)  If a person is convicted of or pleads guilty to a       523          

municipal ordinance relating to operating a vehicle while under    524          

the influence of alcohol, a drug of abuse, or alcohol and a drug   525          

of abuse or relating to operating a vehicle with a prohibited      526          

concentration of alcohol in the blood, breath, or urine and if,    527          

within the period of time specified in division (B)(2)(a), OR      529          

(b), or (c) of this section, the offender has been convicted of    531          

or pleaded guilty to any violation of section 4511.19 of the       532          

Revised Code, a municipal ordinance relating to operating a        533          

vehicle while under the influence of alcohol, a drug of abuse, or  534          

alcohol and a drug of abuse, a municipal ordinance relating to     535          

operating a vehicle with a prohibited concentration of alcohol in  536          

the blood, breath, or urine, section 2903.04 of the Revised Code   537          

in a case in which the offender was subject to the sanctions       538          

described in division (D) of that section, section 2903.06,        539          

2903.07, or 2903.08 of the Revised Code, or a municipal ordinance  540          

that is substantially similar to section 2903.07 of the Revised    541          

Code in a case in which the jury or judge found that the offender  542          

was under the influence of alcohol, a drug of abuse, or alcohol    543          

and a drug of abuse, a statute of the United States or of any      544          

other state or a municipal ordinance of a municipal corporation    545          

located in any other state that is substantially similar to        546          

division (A) or (B) of section 4511.19 of the Revised Code, or if  547          

the other circumstances described in division (B)(2)(c)(b) of      548          

this section apply, the court, in addition to and independent of   550          

any sentence that it imposes upon the offender for the offense,    551          

regardless of whether the vehicle the offender was operating at    552          

the time of the offense is registered in the offender's name or                 

in the name of another person, and subject to section 4503.235 of  553          

the Revised Code, shall do whichever of the following is           554          

applicable:                                                        555          

      (a)  Except as otherwise provided in division (B)(2)(c)(b)   558          

of this section, if, within six years of the current offense, the  559          

                                                          15     


                                                                 
offender has been convicted of or pleaded guilty to one violation  560          

described in division (B)(2) of this section, the court shall      561          

order the immobilization for ninety days of the vehicle the        562          

offender was operating at the time of the offense and the          563          

impoundment for ninety days of the license plates of that          565          

vehicle.  The order for the immobilization and impoundment shall   566          

be issued and enforced in accordance with section 4503.233 of the  567          

Revised Code.                                                                   

      (b)  Except as otherwise provided in division (B)(2)(c) of   570          

this section, if, within six years of the current offense, the     571          

offender has been convicted of or pleaded guilty to two            572          

violations described in division (B)(2) of this section, the       573          

court shall order the immobilization for one hundred eighty days   574          

of the vehicle the offender was operating at the time of the       575          

offense and the impoundment for one hundred eighty days of the     576          

license plates of that vehicle.  The order for the immobilization  578          

and impoundment shall be issued and enforced in accordance with    579          

section 4503.233 of the Revised Code.                                           

      (c)  If, within six years of the current offense, the        581          

offender has been convicted of or pleaded guilty to three TWO or   582          

more violations described in division (B)(2) of this section, or   584          

if the offender previously has been convicted of or pleaded        585          

guilty to a violation of division (A) of section 4511.19 of the    586          

Revised Code under circumstances in which the violation was a      587          

felony and regardless of when the violation and the conviction or  588          

guilty plea occurred, the court shall order the criminal           589          

forfeiture to the state of the vehicle the offender was operating  590          

at the time of the offense.  The order of criminal forfeiture      591          

shall be issued and enforced in accordance with section 4503.234   592          

of the Revised Code.                                                            

      Sec. 4511.99.  (A)  Whoever violates division (A) of         601          

section 4511.19 of the Revised Code, in addition to the license    602          

suspension or revocation provided in section 4507.16 of the        603          

Revised Code and any disqualification imposed under section        604          

                                                          16     


                                                                 
4506.16 of the Revised Code, shall be punished as provided in      605          

division (A)(1), (2), (3), or (4) of this section.                 606          

      (1)  Except as otherwise provided in division (A)(2), (3),   608          

or (4) of this section, the offender is guilty of a misdemeanor    609          

of the first degree and the court shall sentence the offender to   610          

a term of imprisonment of three consecutive days and may sentence  611          

the offender pursuant to section 2929.21 of the Revised Code to a  612          

longer term of imprisonment.  In addition, the court shall impose  613          

upon the offender a fine of not less than two hundred and not      614          

more than one thousand dollars.                                    615          

      The court may suspend the execution of the mandatory three   617          

consecutive days of imprisonment that it is required to impose by  618          

this division, if the court, in lieu of the suspended term of      619          

imprisonment, places the offender on probation and requires the    620          

offender to attend, for three consecutive days, a drivers'         621          

intervention program that is certified pursuant to section         622          

3793.10 of the Revised Code.  The court also may suspend the       623          

execution of any part of the mandatory three consecutive days of   624          

imprisonment that it is required to impose by this division, if    625          

the court places the offender on probation for part of the three   626          

consecutive days; requires the offender to attend, for that part   627          

of the three consecutive days, a drivers' intervention program     628          

that is certified pursuant to section 3793.10 of the Revised       629          

Code; and sentences the offender to a term of imprisonment equal   630          

to the remainder of the three consecutive days that the offender   631          

does not spend attending the drivers' intervention program.  The   632          

court may require the offender, as a condition of probation, to    633          

attend and satisfactorily complete any treatment or education      634          

programs that comply with the minimum standards adopted pursuant   635          

to Chapter 3793. of the Revised Code by the director of alcohol    636          

and drug addiction services, in addition to the required           637          

attendance at a drivers' intervention program, that the operators  638          

of the drivers' intervention program determine that the offender   639          

should attend and to report periodically to the court on the       640          

                                                          17     


                                                                 
offender's progress in the programs.  The court also may impose    641          

any other conditions of probation on the offender that it          642          

considers necessary.                                               643          

      Of the fine imposed pursuant to this division, twenty-five   645          

dollars shall be paid to an enforcement and education fund         646          

established by the legislative authority of the law enforcement    647          

agency in this state that primarily was responsible for the        648          

arrest of the offender, as determined by the court that imposes    649          

the fine.  This share shall be used by the agency to pay only      650          

those costs it incurs in enforcing section 4511.19 of the Revised  651          

Code or a substantially similar municipal ordinance and in         652          

informing the public of the laws governing the operation of a      653          

motor vehicle while under the influence of alcohol, the dangers    654          

of operating a motor vehicle while under the influence of          655          

alcohol, and other information relating to the operation of a      656          

motor vehicle and the consumption of alcoholic beverages.          657          

Twenty-five dollars of the fine imposed pursuant to this division  658          

shall be deposited into the county indigent drivers alcohol        659          

treatment fund or municipal indigent drivers alcohol treatment     660          

fund under the control of that court, as created by the county or  661          

municipal corporation pursuant to division (N) of section          662          

4511.191 of the Revised Code.  The balance of the fine shall be    663          

disbursed as otherwise provided by law.                            664          

      (2)(a)  Except as otherwise provided in division (A)(4) of   667          

this section, if, within six years of the offense, the offender    668          

has been convicted of or pleaded guilty to one violation of        669          

division (A) or (B) of section 4511.19 of the Revised Code, a      670          

municipal ordinance relating to operating a vehicle while under    671          

the influence of alcohol, a drug of abuse, or alcohol and a drug   672          

of abuse, a municipal ordinance relating to operating a vehicle    673          

with a prohibited concentration of alcohol in the blood, breath,   674          

or urine, section 2903.04 of the Revised Code in a case in which   675          

the offender was subject to the sanctions described in division    676          

(D) of that section, section 2903.06, 2903.07, or 2903.08 of the   678          

                                                          18     


                                                                 
Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  679          

the jury or judge found that the offender was under the influence  680          

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  681          

statute of the United States or of any other state or a municipal  683          

ordinance of a municipal corporation located in any other state                 

that is substantially similar to division (A) or (B) of section    684          

4511.19 of the Revised Code, the offender is guilty of a           685          

misdemeanor of the first degree and, except as provided in this    686          

division, the court shall sentence the offender to a term of       687          

imprisonment of ten consecutive days and may sentence the          688          

offender pursuant to section 2929.21 of the Revised Code to a      689          

longer term of imprisonment.  As an alternative to the term of     690          

imprisonment required to be imposed by this division, but subject  691          

to division (A)(8) of this section, the court may impose upon the  692          

offender a sentence consisting of both a term of imprisonment of   693          

five consecutive days and not less than eighteen consecutive days  694          

of electronically monitored house arrest as defined in division    695          

(A) of section 2929.23 of the Revised Code.  The five consecutive  696          

days of imprisonment and the period of electronically monitored    697          

house arrest shall not exceed six months.  The five consecutive    698          

days of imprisonment do not have to be served prior to or          699          

consecutively with the period of electronically monitored house    700          

arrest.                                                                         

      In addition, the court shall impose upon the offender a      702          

fine of not less than three hundred and not more than one          703          

thousand five hundred dollars.                                     704          

      In addition to any other sentence that it imposes upon the   706          

offender, the court may require the offender to attend a drivers'  707          

intervention program that is certified pursuant to section         708          

3793.10 of the Revised Code.  If the officials of the drivers'     709          

intervention program determine that the offender is alcohol        710          

dependent, they shall notify the court, and the court shall order  711          

the offender to obtain treatment through an alcohol and drug       712          

                                                          19     


                                                                 
addiction program authorized by section 3793.02 of the Revised     713          

Code.  The cost of the treatment shall be paid by the offender.    714          

      Of the fine imposed pursuant to this division, thirty-five   716          

dollars shall be paid to an enforcement and education fund         717          

established by the legislative authority of the law enforcement    718          

agency in this state that primarily was responsible for the        719          

arrest of the offender, as determined by the court that imposes    720          

the fine.  This share shall be used by the agency to pay only      721          

those costs it incurs in enforcing division (A) of section         722          

4511.19 of the Revised Code or a substantially similar municipal   723          

ordinance and in informing the public of the laws governing the    724          

operation of a motor vehicle while under the influence of          725          

alcohol, the dangers of operating a motor vehicle while under the  726          

influence of alcohol, and other information relating to the        727          

operation of a motor vehicle and the consumption of alcoholic      728          

beverages.  Sixty-five dollars of the fine imposed pursuant to     729          

this division shall be paid to the political subdivision           730          

responsible for housing the offender during the offender's term    732          

of incarceration.  This share shall be used by the political       733          

subdivision to pay or reimburse incarceration costs it incurs in   734          

housing persons who violate section 4511.19 of the Revised Code    735          

or a substantially similar municipal ordinance and to pay for      736          

ignition interlock devices and electronic house arrest equipment   737          

for persons who violate that section, and shall be paid to the     738          

credit of the fund that pays the cost of the incarceration.        739          

Fifty dollars of the fine imposed pursuant to this division shall  740          

be deposited into the county indigent drivers alcohol treatment    741          

fund or municipal indigent drivers alcohol treatment fund under    742          

the control of that court, as created by the county or municipal   743          

corporation pursuant to division (N) of section 4511.191 of the    744          

Revised Code.  The balance of the fine shall be disbursed as       745          

otherwise provided by law.                                         746          

      (b)  Regardless of whether the vehicle the offender was      748          

operating at the time of the offense is registered in the          749          

                                                          20     


                                                                 
offender's name or in the name of another person, the court, in    751          

addition to the penalties imposed under division (A)(2)(a) of      752          

this section and all other penalties provided by law and subject   753          

to section 4503.235 of the Revised Code, shall order the           754          

immobilization for ninety days of the vehicle the offender was     755          

operating at the time of the offense and the impoundment for       756          

ninety days of the identification license plates of that vehicle.  757          

The order for the immobilization and impoundment shall be issued   758          

and enforced in accordance with section 4503.233 of the Revised    759          

Code.                                                                           

      (3)(a)  Except as otherwise provided in division (A)(4) of   762          

this section, if, within six years of the offense, the offender    763          

has been convicted of or pleaded guilty to two violations of       764          

division (A) or (B) of section 4511.19 of the Revised Code, a      765          

municipal ordinance relating to operating a vehicle while under    766          

the influence of alcohol, a drug of abuse, or alcohol and a drug   767          

of abuse, a municipal ordinance relating to operating a vehicle    768          

with a prohibited concentration of alcohol in the blood, breath,   769          

or urine, section 2903.04 of the Revised Code in a case in which   770          

the offender was subject to the sanctions described in division    771          

(D) of that section, section 2903.06, 2903.07, or 2903.08 of the   773          

Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  774          

the jury or judge found that the offender was under the influence  775          

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  777          

statute of the United States or of any other state or a municipal  778          

ordinance of a municipal corporation located in any other state    779          

that is substantially similar to division (A) or (B) of section                 

4511.19 of the Revised Code, except as provided in this division,  780          

the court shall sentence the offender to a term of imprisonment    781          

of thirty consecutive days and may sentence the offender to a      782          

longer definite term of imprisonment of not more than one year.    783          

As an alternative to the term of imprisonment required to be       784          

imposed by this division, but subject to division (A)(8) of this   785          

                                                          21     


                                                                 
section, the court may impose upon the offender a sentence         786          

consisting of both a term of imprisonment of fifteen consecutive   787          

days and not less than fifty-five consecutive days of              788          

electronically monitored house arrest as defined in division (A)   789          

of section 2929.23 of the Revised Code.  The fifteen consecutive   790          

days of imprisonment and the period of electronically monitored    791          

house arrest shall not exceed one year.  The fifteen consecutive   792          

days of imprisonment do not have to be served prior to or          793          

consecutively with the period of electronically monitored house    794          

arrest.                                                                         

      In addition, the court shall impose upon the offender a      796          

fine of not less than five hundred and not more than two thousand  797          

five hundred dollars.                                              798          

      In addition to any other sentence that it imposes upon the   800          

offender, the court shall require the offender to attend an        801          

alcohol and drug addiction program authorized by section 3793.02   802          

of the Revised Code.  The cost of the treatment shall be paid by   803          

the offender.  If the court determines that the offender is        804          

unable to pay the cost of attendance at the treatment program,     806          

the court may order that payment of the cost of the offender's     807          

attendance at the treatment program be made from that court's      808          

indigent drivers alcohol treatment fund.                                        

      Of the fine imposed pursuant to this division, one hundred   810          

twenty-three dollars shall be paid to an enforcement and           811          

education fund established by the legislative authority of the     812          

law enforcement agency in this state that primarily was            813          

responsible for the arrest of the offender, as determined by the   814          

court that imposes the fine.  This share shall be used by the      815          

agency to pay only those costs it incurs in enforcing section      816          

4511.19 of the Revised Code or a substantially similar municipal   817          

ordinance and in informing the public of the laws governing the    818          

operation of a motor vehicle while under the influence of          819          

alcohol, the dangers of operating a motor vehicle while under the  820          

influence of alcohol, and other information relating to the        821          

                                                          22     


                                                                 
operation of a motor vehicle and the consumption of alcoholic      822          

beverages.  Two hundred twenty-seven dollars of the fine imposed   823          

pursuant to this division shall be paid to the political           824          

subdivision responsible for housing the offender during the        825          

offender's term of incarceration.  This share shall be used by     827          

the political subdivision to pay or reimburse incarceration costs  828          

it incurs in housing persons who violate division (A) of section   829          

4511.19 of the Revised Code or a substantially similar municipal   830          

ordinance and to pay for ignition interlock devices and            831          

electronic house arrest equipment for persons who violate that     832          

section and shall be paid to the credit of the fund that pays the  833          

cost of incarceration.  The balance of the fine shall be           834          

disbursed as otherwise provided by law.                            835          

      (b)  Regardless of whether the vehicle the offender was      837          

operating at the time of the offense is registered in the          838          

offender's name or in the name of another person, the court, in    840          

addition to the penalties imposed under division (A)(3)(a) of      841          

this section and all other penalties provided by law and subject   842          

to section 4503.235 of the Revised Code, shall order the           843          

immobilization for one hundred eighty days CRIMINAL FORFEITURE TO  844          

THE STATE of the vehicle the offender was operating at the time    846          

of the offense and the impoundment for one hundred eighty days of  847          

the identification license plates of that vehicle.  The order for  848          

the immobilization and impoundment OF CRIMINAL FORFEITURE shall    849          

be issued and enforced in accordance with section 4503.233         850          

4503.234 of the Revised Code.                                      851          

      (4)(a)  If, within six years of the offense, the offender    853          

has been convicted of or pleaded guilty to three or more           854          

violations of division (A) or (B) of section 4511.19 of the        855          

Revised Code, a municipal ordinance relating to operating a        856          

vehicle while under the influence of alcohol, a drug of abuse, or  857          

alcohol and a drug of abuse, a municipal ordinance relating to     858          

operating a vehicle with a prohibited concentration of alcohol in  859          

the blood, breath, or urine, section 2903.04 of the Revised Code   860          

                                                          23     


                                                                 
in a case in which the offender was subject to the sanctions       861          

described in division (D) of that section, section 2903.06,        862          

2903.07, or 2903.08 of the Revised Code or a municipal ordinance   863          

that is substantially similar to section 2903.07 of the Revised    864          

Code in a case in which the jury or judge found that the offender  865          

was under the influence of alcohol, a drug of abuse, or alcohol    866          

and a drug of abuse, or a statute of the United States or of any   868          

other state or a municipal ordinance of a municipal corporation                 

located in any other state that is substantially similar to        869          

division (A) or (B) of section 4511.19 of the Revised Code, or if  870          

the offender previously has been convicted of or pleaded guilty    871          

to a violation of division (A) of section 4511.19 of the Revised   872          

Code under circumstances in which the violation was a felony and   873          

regardless of when the violation and the conviction or guilty      874          

plea occurred, the offender is guilty of a felony of the fourth    875          

degree.  The court shall sentence the offender in accordance with  876          

sections 2929.11 to 2929.19 of the Revised Code and shall impose                

as part of the sentence a mandatory term of local incarceration    877          

of sixty consecutive days of imprisonment in accordance with       878          

division (G)(1) of section 2929.13 of the Revised Code or a        879          

mandatory prison term of sixty consecutive days of imprisonment    880          

in accordance with division (G)(2) of that section, whichever is   881          

applicable.  If the offender is required to serve a mandatory      882          

term of local incarceration of sixty consecutive days of           883          

imprisonment in accordance with division (G)(1) of section                      

2929.13 of the Revised Code, the court, pursuant to section        884          

2929.17 of the Revised Code, may impose upon the offender a        886          

sentence that includes a term of electronically monitored house                 

arrest, provided that the term of electronically monitored house   887          

arrest shall not commence until after the offender has served the  888          

mandatory term of local incarceration.                             889          

      In addition to all other sanctions imposed, the court shall  891          

impose upon the offender, pursuant to section 2929.18 of the       892          

Revised Code, a fine of not less than seven hundred fifty nor      893          

                                                          24     


                                                                 
more than ten thousand dollars.                                    894          

      In addition to any other sanction that it imposes upon the   897          

offender, the court shall require the offender to attend an        899          

alcohol and drug addiction program authorized by section 3793.02   900          

of the Revised Code.  The cost of the treatment shall be paid by   901          

the offender.  If the court determines that the offender is        902          

unable to pay the cost of attendance at the treatment program,     903          

the court may order that payment of the cost of the offender's     904          

attendance at the treatment program be made from the court's       905          

indigent drivers alcohol treatment fund.                           906          

      Of the fine imposed pursuant to this division, two hundred   908          

ten dollars shall be paid to an enforcement and education fund     909          

established by the legislative authority of the law enforcement    910          

agency in this state that primarily was responsible for the        911          

arrest of the offender, as determined by the court that imposes    912          

the fine.  This share shall be used by the agency to pay only      913          

those costs it incurs in enforcing section 4511.19 of the Revised  914          

Code or a substantially similar municipal ordinance and in         915          

informing the public of the laws governing operation of a motor    916          

vehicle while under the influence of alcohol, the dangers of       917          

operation of a motor vehicle while under the influence of          918          

alcohol, and other information relating to the operation of a      919          

motor vehicle and the consumption of alcoholic beverages.  Three   920          

hundred ninety dollars of the fine imposed pursuant to this        921          

division shall be paid to the political subdivision responsible    922          

for housing the offender during the offender's term of             923          

incarceration.  This share shall be used by the political          925          

subdivision to pay or reimburse incarceration costs it incurs in   926          

housing persons who violate division (A) of section 4511.19 of     927          

the Revised Code or a substantially similar municipal ordinance    928          

and to pay for ignition interlock devices and electronic house     929          

arrest equipment for persons who violate that section, and shall   930          

be paid to the credit of the fund that pays the cost of            931          

incarceration.  The balance of the fine shall be disbursed as      932          

                                                          25     


                                                                 
otherwise provided by law.                                                      

      (b)  Regardless of whether the vehicle the offender was      934          

operating at the time of the offense is registered in the          935          

offender's name or in the name of another person, the court, in    937          

addition to the sanctions imposed under division (A)(4)(a) of      938          

this section and all other sanctions provided by law and subject   940          

to section 4503.235 of the Revised Code, shall order the criminal  942          

forfeiture to the state of the vehicle the offender was operating  943          

at the time of the offense.  The order of criminal forfeiture      944          

shall be issued and enforced in accordance with section 4503.234   945          

of the Revised Code.                                               946          

      (c)  As used in division (A)(4)(a) of this section,          949          

"mandatory prison term" and "mandatory term of local                            

incarceration" have the same meanings as in section 2929.01 of     951          

the Revised Code.                                                               

      If title to a motor vehicle that is subject to an order for  953          

criminal forfeiture under this section is assigned or transferred  954          

and division (C)(2) or (3) of section 4503.234 of the Revised      955          

Code applies, in addition to or independent of any other penalty   956          

established by law, the court may fine the offender the value of   957          

the vehicle as determined by publications of the national auto     958          

dealer's association.  The proceeds from any fine imposed under                 

this division shall be distributed in accordance with division     959          

(D)(4) of section 4503.234 of the Revised Code.                    960          

      (5)(a)  Except as provided in division (A)(5)(b) of this     962          

section, upon a showing that imprisonment would seriously affect   963          

the ability of an offender sentenced pursuant to division (A)(1),  964          

(2), (3), or (4) of this section to continue the offender's        965          

employment, the court may authorize that the offender be granted   967          

work release from imprisonment after the offender has served the   968          

three, ten, or thirty consecutive days of imprisonment or the      969          

mandatory term of local incarceration of sixty consecutive days    970          

that the court is required by division (A)(1), (2), (3), or (4)    972          

of this section to impose.  No court shall authorize work release  973          

                                                          26     


                                                                 
from imprisonment during the three, ten, or thirty consecutive     974          

days of imprisonment or the mandatory term of local incarceration  975          

or mandatory prison term of sixty consecutive days that the court  977          

is required by division (A)(1), (2), (3), or (4) of this section   978          

to impose.  The duration of the work release shall not exceed the  979          

time necessary each day for the offender to commute to and from    980          

the place of employment and the place of imprisonment and the      981          

time actually spent under employment.                              982          

      (b)  An offender who is sentenced pursuant to division       984          

(A)(2) or (3) of this section to a term of imprisonment followed   985          

by a period of electronically monitored house arrest is not        986          

eligible for work release from imprisonment, but that person       987          

shall be permitted work release during the period of               988          

electronically monitored house arrest.  The duration of the work   989          

release shall not exceed the time necessary each day for the       990          

offender to commute to and from the place of employment and the    991          

offender's home or other place specified by the sentencing court   992          

and the time actually spent under employment.                      993          

      (6)  Notwithstanding any section of the Revised Code that    995          

authorizes the suspension of the imposition or execution of a      996          

sentence, the placement of an offender in any treatment program    998          

in lieu of imprisonment, or the use of a community control         999          

sanction for an offender convicted of a felony, no court shall     1,000        

suspend the ten or thirty consecutive days of imprisonment         1,001        

required to be imposed on an offender by division (A)(2) or (3)    1,002        

of this section, no court shall place an offender who is           1,003        

sentenced pursuant to division (A)(2), (3), or (4) of this         1,004        

section in any treatment program in lieu of imprisonment until     1,005        

after the offender has served the ten or thirty consecutive days   1,006        

of imprisonment or the mandatory term of local incarceration or    1,007        

mandatory prison term of sixty consecutive days required to be     1,008        

imposed pursuant to division (A)(2), (3), or (4) of this section,  1,009        

no court that sentences an offender under division (A)(4) of this  1,010        

section shall impose any sanction other than a mandatory term of   1,011        

                                                          27     


                                                                 
local incarceration or mandatory prison term to apply to the       1,012        

offender until after the offender has served the mandatory term    1,013        

of local incarceration or mandatory prison term of sixty           1,015        

consecutive days required to be imposed pursuant to division                    

(A)(4) of this section, and no court that imposes a sentence of    1,017        

imprisonment and a period of electronically monitored house        1,018        

arrest upon an offender under division (A)(2) or (3) of this       1,019        

section shall suspend any portion of the sentence or place the     1,020        

offender in any treatment program in lieu of imprisonment or       1,021        

electronically monitored house arrest. Notwithstanding any         1,022        

section of the Revised Code that authorizes the suspension of the  1,023        

imposition or execution of a sentence or the placement of an       1,024        

offender in any treatment program in lieu of imprisonment, no      1,025        

court, except as specifically authorized by division (A)(1) of     1,026        

this section, shall suspend the three consecutive days of          1,027        

imprisonment required to be imposed by division (A)(1) of this     1,028        

section or place an offender who is sentenced pursuant to          1,029        

division (A)(1) of this section in any treatment program in lieu   1,030        

of imprisonment until after the offender has served the three      1,031        

consecutive days of imprisonment required to be imposed pursuant   1,032        

to division (A)(1) of this section.                                1,033        

      (7)  No court shall sentence an offender to an alcohol       1,035        

treatment program pursuant to division (A)(1), (2), (3), or (4)    1,036        

of this section unless the treatment program complies with the     1,037        

minimum standards adopted pursuant to Chapter 3793. of the         1,038        

Revised Code by the director of alcohol and drug addiction         1,039        

services.                                                          1,040        

      (8)  No court shall impose the alternative sentence of a     1,042        

term of imprisonment of five consecutive days plus not less than   1,043        

eighteen consecutive days of electronically monitored house        1,044        

arrest permitted to be imposed by division (A)(2) of this          1,045        

section, or the alternative sentence of a term of imprisonment of  1,046        

fifteen consecutive days plus not less than fifty-five             1,047        

consecutive days of electronically monitored house arrest          1,048        

                                                          28     


                                                                 
permitted to be imposed pursuant to division (A)(3) of this        1,049        

section, unless within sixty days of the date of sentencing, the   1,050        

court issues a written finding, entered into the record, that due  1,051        

to the unavailability of space at the incarceration facility       1,052        

where the offender is required to serve the term of imprisonment   1,053        

imposed upon the offender, the offender will not be able to        1,054        

commence serving the term of imprisonment within the sixty-day     1,056        

period following the date of sentencing.  If the court issues      1,057        

such a finding, the court may impose the alternative sentence      1,058        

comprised of a term of imprisonment and a term of electronically   1,059        

monitored house arrest permitted to be imposed by division (A)(2)  1,060        

or (3) of this section.                                            1,061        

      (B)  Whoever violates section 4511.192, 4511.251, or         1,063        

4511.85 of the Revised Code is guilty of a misdemeanor of the      1,064        

first degree.  The court, in addition to or independent of all     1,065        

other penalties provided by law, may suspend for a period not to   1,066        

exceed one year the driver's or commercial driver's license or     1,067        

permit or nonresident operating privilege of any person who        1,068        

pleads guilty to or is convicted of a violation of section         1,069        

4511.192 of the Revised Code.                                      1,070        

      (C)  Whoever violates section 4511.63, 4511.76, 4511.761,    1,072        

4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is     1,073        

guilty of one of the following:                                    1,074        

      (1)  Except as otherwise provided in division (C)(2) of      1,076        

this section, a minor misdemeanor.                                 1,077        

      (2)  If the offender previously has been convicted of or     1,080        

pleaded guilty to one or more violations of section 4511.63,       1,081        

4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the  1,082        

Revised Code or a municipal ordinance that is substantially        1,083        

similar to any of those sections, a misdemeanor of the fourth      1,086        

degree.                                                                         

      (D)(1)  Whoever violates any provision of sections 4511.01   1,088        

to 4511.76 or section 4511.84 of the Revised Code, for which no    1,089        

penalty otherwise is provided in this section is guilty of one of  1,090        

                                                          29     


                                                                 
the following:                                                     1,091        

      (a)  Except as otherwise provided in division (D)(1)(b),     1,094        

(1)(c), (2), or (3) of this section, a minor misdemeanor;          1,095        

      (b)  If, within one year of the offense, the offender        1,097        

previously has been convicted of or pleaded guilty to one          1,099        

violation of any provision of sections 4511.01 to 4511.76 or       1,101        

section 4511.84 of the Revised Code for which no penalty           1,102        

otherwise is provided in this section or a municipal ordinance     1,104        

that is substantially similar to any provision of sections         1,105        

4511.01 to 4511.76 or section 4511.84 of the Revised Code for      1,106        

which no penalty otherwise is provided in this section, a          1,107        

misdemeanor of the fourth degree;                                  1,109        

      (c)  If, within one year of the offense, the offender        1,111        

previously has been convicted of or pleaded guilty to two or more  1,112        

violations of any provision described in division (D)(1)(b) of     1,114        

this section or any municipal ordinance that is substantially      1,115        

similar to any of those provisions, a misdemeanor of the third     1,116        

degree.                                                            1,117        

      (2)  When any person is found guilty of a first offense for  1,119        

a violation of section 4511.21 of the Revised Code upon a finding  1,120        

that the person operated a motor vehicle faster than thirty-five   1,122        

miles an hour in a business district of a municipal corporation,   1,123        

or faster than fifty miles an hour in other portions, or faster    1,124        

than thirty-five miles an hour while passing through a school      1,125        

zone during recess or while children are going to or leaving       1,126        

school during the opening or closing hours, the person is guilty   1,127        

of a misdemeanor of the fourth degree.                             1,128        

      (3)  Notwithstanding section 2929.21 of the Revised Code,    1,130        

upon a finding that such person operated a motor vehicle in a      1,131        

construction zone where a sign was then posted in accordance with  1,132        

section 4511.98 of the Revised Code, the court, in addition to     1,133        

all other penalties provided by law, shall impose a fine of two    1,134        

times the usual amount imposed for the violation.  No court shall  1,135        

impose a fine of two times the usual amount imposed for the        1,136        

                                                          30     


                                                                 
violation upon an offender who alleges, in an affidavit filed      1,137        

with the court prior to the offender's sentencing, that the        1,138        

offender is indigent and is unable to pay the fine imposed         1,139        

pursuant to this division, provided the court determines the       1,140        

offender is an indigent person and is unable to pay the fine.      1,141        

      (E)  Whenever a person is found guilty in a court of record  1,143        

of a violation of section 4511.761, 4511.762, or 4511.77 of the    1,144        

Revised Code, the trial judge, in addition to or independent of    1,145        

all other penalties provided by law, may suspend for any period    1,146        

of time not exceeding three years, or revoke the license of any    1,147        

person, partnership, association, or corporation, issued under     1,148        

section 4511.763 of the Revised Code.                              1,149        

      (F)  Whoever violates division (E) or (F) of section         1,151        

4511.51, division (A), (D), or (E) of section 4511.521, section    1,152        

4511.681, division (A), (C), or (F) of section 4511.69, section    1,153        

4511.772, or division (A) or (B) of section 4511.82 of the         1,154        

Revised Code is guilty of a minor misdemeanor.                     1,155        

      (G)  Whoever violates division (A) of section 4511.75 of     1,157        

the Revised Code may be fined an amount not to exceed five         1,158        

hundred dollars.  A person who is issued a citation for a          1,159        

violation of division (A) of section 4511.75 of the Revised Code   1,160        

is not permitted to enter a written plea of guilty and waive the   1,161        

person's right to contest the citation in a trial, but instead     1,162        

must appear in person in the proper court to answer the charge.    1,163        

      (H)(1)  Whoever is a resident of this state and violates     1,165        

division (A) or (B) of section 4511.81 of the Revised Code shall   1,166        

be punished as follows:                                            1,167        

      (a)  Except as otherwise provided in division (H)(1)(b) of   1,169        

this section, the offender is guilty of a minor misdemeanor.       1,171        

      (b)  If the offender previously has been convicted of or     1,173        

pleaded guilty to a violation of division (A) or (B) of section    1,174        

4511.81 of the Revised Code or of a municipal ordinance that is    1,176        

substantially similar to either of those divisions, the offender   1,177        

is guilty of a misdemeanor of the fourth degree.                   1,178        

                                                          31     


                                                                 
      (2)  Whoever is not a resident of this state, violates       1,180        

division (A) or (B) of section 4511.81 of the Revised Code, and    1,181        

fails to prove by a preponderance of the evidence that the         1,182        

offender's use or nonuse of a child restraint system was in        1,183        

accordance with the law of the state of which the offender is a    1,185        

resident is guilty of a minor misdemeanor on a first offense; on   1,187        

a second or subsequent offense, that person is guilty of a         1,188        

misdemeanor of the fourth degree.                                  1,189        

      (3)  Sixty-five per cent of every fine imposed pursuant to   1,191        

division (H)(1) or (2) of this section shall be forwarded to the   1,192        

treasurer of state for deposit in the "child highway safety fund"  1,193        

created by division (G) of section 4511.81 of the Revised Code.    1,194        

The balance of the fine shall be disbursed as otherwise provided   1,195        

by law.                                                            1,196        

      (I)  Whoever violates section 4511.202 of the Revised Code   1,198        

is guilty of operating a motor vehicle without being in control    1,199        

of it, a minor misdemeanor.                                        1,200        

      (J)  Whoever violates division (B) of section 4511.74,       1,202        

division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of       1,203        

section 4511.83 of the Revised Code is guilty of a misdemeanor of  1,204        

the first degree.                                                  1,205        

      (K)  Except as otherwise provided in this division, whoever  1,207        

violates division (E) of section 4511.11, division (A) or (C) of   1,208        

section 4511.17, or section 4511.18 of the Revised Code is guilty  1,209        

of a misdemeanor of the third degree.  If a violation of division  1,210        

(A) or (C) of section 4511.17 of the Revised Code creates a risk   1,211        

of physical harm to any person, the offender is guilty of a        1,212        

misdemeanor of the first degree.  A violation of division (A) or   1,213        

(C) of section 4511.17 of the Revised Code that causes serious     1,214        

physical harm to property that is owned, leased, or controlled by  1,215        

a state or local authority is a felony of the fifth degree.        1,217        

      (L)  Whoever violates division (H) of section 4511.69 of     1,219        

the Revised Code shall be punished as follows:                     1,220        

      (1)  Except as otherwise provided in division (L)(2) of      1,223        

                                                          32     


                                                                 
this section, the offender shall be issued a warning.              1,224        

      (2)  If the offender previously has been convicted of or     1,226        

pleaded guilty to a violation of division (H) of section 4511.69   1,227        

of the Revised Code or of a municipal ordinance that is            1,228        

substantially similar to that division, the offender shall not be  1,229        

issued a warning but shall be fined twenty-five dollars for each   1,230        

parking location that is not properly marked or whose markings     1,232        

are not properly maintained.                                                    

      (M)  Whoever violates division (A)(1) or (2) of section      1,234        

4511.45 of the Revised Code is guilty of a misdemeanor of the      1,235        

fourth degree on a first offense; on a second offense within one   1,236        

year after the first offense, the person is guilty of a            1,237        

misdemeanor of the third degree; and on each subsequent offense    1,238        

within one year after the first offense, the person is guilty of   1,239        

a misdemeanor of the second degree.                                1,240        

      (N)(1)  Whoever violates division (B) of section 4511.19 of  1,243        

the Revised Code is guilty of operating a motor vehicle after                   

under-age alcohol consumption and shall be punished as follows:    1,244        

      (a)  Except as otherwise provided in division (N)(1)(b) of   1,247        

this section, the offender is guilty of a misdemeanor of the       1,249        

fourth degree.                                                                  

      (b)  If, within one year of the offense, the offender has    1,251        

been convicted of or pleaded guilty to any violation of division   1,252        

(A) or (B) of section 4511.19 of the Revised Code, a municipal     1,253        

ordinance relating to operating a vehicle while under the          1,254        

influence of alcohol, a drug of abuse, or alcohol and a drug of    1,255        

abuse, a municipal ordinance relating to operating a vehicle with  1,256        

a prohibited concentration of alcohol in the blood, breath, or     1,257        

urine, section 2903.04 of the Revised Code in a case in which the  1,258        

offender was subject to the sanctions described in division (D)    1,259        

of that section, section 2903.06, 2903.07, or 2903.08 of the       1,260        

Revised Code or a municipal ordinance that is substantially        1,261        

similar to section 2903.07 of the Revised Code in a case in which  1,262        

the jury or judge found that the offender was under the influence  1,263        

                                                          33     


                                                                 
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  1,264        

statute of the United States or of any other state or a municipal  1,266        

ordinance of a municipal corporation located in any other state                 

that is substantially similar to division (A) or (B) of section    1,267        

4511.19 of the Revised Code, the offender is guilty of a           1,268        

misdemeanor of the third degree.                                                

      (2)  In addition to or independent of all other penalties    1,270        

provided by law, the offender's driver's or commercial driver's    1,271        

license or permit or nonresident operating privilege shall be      1,272        

suspended in accordance with, and for the period of time           1,273        

specified in, division (E) of section 4507.16 of the Revised       1,274        

Code.                                                              1,275        

      (O)  Whoever violates section 4511.62 of the Revised Code    1,278        

is guilty of a misdemeanor of the fourth degree.                                

      Section 2.  That existing sections 4505.233, 4507.164,       1,280        

4511.193, and 4511.99 of the Revised Code are hereby repealed.     1,281        

      Section 3.  Section 4503.233 of the Revised Code is          1,283        

presented in this act as a composite of the section as amended by  1,284        

both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 121st General  1,286        

Assembly, with the new language of neither of the acts shown in    1,288        

capital letters.  This is in recognition of the principle stated   1,289        

in division (B) of section 1.52 of the Revised Code that such      1,290        

amendments are to be harmonized where not substantively            1,291        

irreconcilable and constitutes a legislative finding that such is  1,292        

the resulting version in effect prior to the effective date of     1,293        

this act.