As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Am. 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-DAMSCHRODER-MYERS-TRAKAS- 9
WILLIAMS-PETERSON-VERICH-GOODMAN-THOMAS-VESPER-MAIER- 10
TIBERI-HARRIS-OPFER-LOGAN-O'BRIEN-CLANCY-BATEMAN-ALLEN- 11
YOUNG-GRENDELL-HOOPS-WINKLER-HARTNETT-PATTON-TAYLOR- 13
SENATOR LATTA
_________________________________________________________________ 15
A B I L L
To amend sections 4503.233, 4507.164, 4511.193, and 17
4511.99 of the Revised Code to require the 18
criminal forfeiture to the state of the motor 19
vehicle a person was operating at the time the 20
person committed a third state or local OMVI 21
offense within a six-year period, rather than 22
the impoundment of the motor vehicle for 180 23
days.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 4503.233, 4507.164, 4511.193, and 27
4511.99 of the Revised Code be amended to read as follows: 28
Sec. 4503.233. (A)(1) As used in this section, "vehicle 38
owner" means either of the following: 39
(a) The person in whose name is registered, at the time of 41
the offense, a vehicle that is subject to an immobilization order 42
issued under division (A)(2) of this section; 43
(b) A person to whom, at the time of the offense, the 45
certificate of title to a vehicle has been assigned and who has 46
not obtained a certificate of title to the vehicle in that 47
person's name but who is deemed by the court as being the owner 48
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of the vehicle at the time of the offense for which the vehicle
is subject to an immobilization and impoundment order issued 49
under division (A)(2) of this section. 50
(2) If a court is required to order the immobilization of 52
a vehicle for a specified period of time pursuant to division 53
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 54
pursuant to division (A)(2)(b) or (3)(b) of section 4511.99, 55
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section 56
4507.361, or pursuant to division (B)(2)(a) or (b) of section 57
4511.193 of the Revised Code, the court shall issue an 58
immobilization order, subject to section 4503.235 of the Revised 60
Code, in accordance with this division and for the period of time 61
specified in the particular division, and the immobilization
under the order shall be in accordance with this section. The 63
court, at the time of sentencing the offender for the offense 64
relative to which the immobilization order is issued or as soon 65
thereafter as is practicable, shall give a copy of the order to 66
the offender or the offender's counsel and to the vehicle owner 67
or the vehicle owner's counsel. The court promptly shall send a 68
copy of the order to the registrar on a form prescribed by the 69
registrar and to the person or agency it designates to execute
the order. 70
The order shall indicate the date on which it is issued, 72
shall identify the vehicle that is subject to the order, and 73
shall specify all of the following: 74
(a) The period of the immobilization; 76
(b) The place at which the court determines that the 78
immobilization shall be carried out, provided that the court 79
shall not determine and shall not specify that the immobilization 80
is to be carried out at any place other than a commercially 81
operated private storage lot, a place owned by a law enforcement 82
or other government agency, or a place to which one of the 83
following applies: 84
(i) The place is leased by or otherwise under the control 86
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of a law enforcement or other government agency. 87
(ii) The place is owned by the offender, the offender's 89
spouse, or a parent or child of the offender. 90
(iii) The place is owned by a private person or entity, 92
and, prior to the issuance of the order, the private entity or 93
person that owns the place, or the authorized agent of that 94
private entity or person, has given express written consent for 95
the immobilization to be carried out at that place. 96
(iv) The place is a public street or highway on which the 98
vehicle is parked in accordance with the law. 99
(c) The person or agency designated by the court to 101
execute the order, which shall be either the law enforcement 102
agency that employs the law enforcement officer who seized the 103
vehicle, a bailiff of the court, another person the court 104
determines to be appropriate to execute the order, or the law 105
enforcement agency with jurisdiction over the place of residence 106
of the vehicle owner; 107
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 109
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 110
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 111
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 112
(3) The person or agency the court designates to 114
immobilize the vehicle shall seize or retain that vehicle's 115
license plates and forward them to the bureau of motor vehicles. 116
(4) In all cases, the vehicle owner shall be assessed an 119
immobilization fee of one hundred dollars, and the immobilization 120
fee shall be paid to the registrar before the vehicle may be 121
released to the vehicle, and that neither the registrar nor a 122
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 123
of the vehicle owner until the immobilization fee is paid owner. 124
Neither the registrar nor a deputy registrar shall accept an 125
application for the registration of any motor vehicle in the name 126
of the vehicle owner until the immobilization fee is paid. 127
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(5) If the vehicle subject to the order is immobilized 130
pursuant to the order and is found being operated upon any street 131
or highway in this state during the immobilization period, it 132
shall be seized, removed from the street or highway, and 133
criminally forfeited and disposed of pursuant to section 4503.234 134
of the Revised Code.
the owner's 136
(6) The registrar shall deposit the immobilization fee 138
into the law enforcement reimbursement fund created by section 139
4501.19 of the Revised Code. Money in the fund shall be expended 140
only as provided in division (A)(6) of this section. If the 141
court designated in the order a court bailiff or another 142
appropriate person other than a law enforcement officer to 143
immobilize the vehicle, the amount of the fee deposited into the 144
law enforcement reimbursement fund shall be paid out to the 145
county treasury if the court that issued the order is a county 146
court, to the treasury of the municipal corporation served by the 147
court if the court that issued the order is a mayor's court, or 148
to the city treasury of the legislative authority of the court, 149
both as defined in section 1901.03 of the Revised Code, if the 150
court that issued the order is a municipal court. If the court 151
designated a law enforcement agency to immobilize the vehicle and 152
if the law enforcement agency immobilizes the vehicle, the amount 153
of the fee deposited into the law enforcement reimbursement fund 154
shall be paid out to the law enforcement agency to reimburse the 155
agency for the costs it incurs in obtaining immobilization 156
equipment and, if required, in sending an officer or other person 157
to search for and locate the vehicle specified in the 158
immobilization order and to immobilize the vehicle. 159
In addition to the immobilization fee required to be paid 161
under division (A)(4) of this section, the vehicle owner may be 163
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 164
(B) If a court issues an immobilization order under 167
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division (A)(2) of this section, the person or agency designated 168
by the court to execute the immobilization order promptly shall 169
immobilize or continue the immobilization of the vehicle at the 170
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the 171
issuance of new identification license plates for the vehicle at 172
the end of the immobilization period the owner's until the 173
immobilization fee has been paid. 174
the owner's 176
(C) Upon receipt of the license plates for a vehicle under 178
this section, the registrar the registrar's shall destroy the 179
license plates. At the end of the immobilization period and upon 180
the payment of the immobilization fee that must be paid under 181
this section, the registrar shall authorize the release of the 182
vehicle and authorize the issuance, upon the payment of the same 183
fee as is required for the replacement of lost, mutilated, or 184
destroyed license plates and certificates of registration, of new 186
license plates and, if necessary, a new certificate of 187
registration to the vehicle owner for the vehicle in question. 188
(D)(1) If a court issues an immobilization order under 190
division (A) of this section, the immobilization period commences 192
on the day on which the vehicle in question is immobilized the 193
owner. If the vehicle in question had been seized under section 194
4507.38 or 4511.195 of the Revised Code, the time between the 195
seizure and the beginning of the immobilization period shall be 196
credited against the immobilization period specified in the 198
immobilization order issued under division (A) of this section. 199
No vehicle that is impounded under this section is eligible to 200
have special license plates of the type described in section 201
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 203
division (A) of this section, if the vehicle subject to the order 205
is immobilized under the order, and if the vehicle is found being 206
operated upon any street or highway of this state during the 207
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immobilization period, it shall be seized, removed from the 208
street or highway, and criminally forfeited, and disposed of 209
pursuant to section 4503.234 of the Revised Code. No vehicle 210
that is forfeited under this provision shall be considered 211
contraband for purposes of section 2933.41, 2933.42, or 2933.43 212
of the Revised Code, but shall be held by the law enforcement 213
agency that employs the officer who seized it for disposal in 214
accordance with section 4503.234 of the Revised Code. 215
(3) If a court issues an immobilization order under 217
division (A) of this section, and if the vehicle is not claimed 219
within seven days after the end of the period of immobilization 220
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 222
vehicle shall send a written notice to the vehicle owner at the 223
vehicle owner's last known address informing the vehicle owner of 224
the date on which the period of immobilization ended, that the 225
owner the owner's the vehicle owner has twenty days after the 226
date of the notice to pay the immobilization fee and obtain the 228
release of the vehicle, and that if the owner the owner's the 229
vehicle owner does not pay the fee and obtain the release of the 230
vehicle within that twenty-day period, the vehicle will be 231
forfeited under section 4503.234 of the Revised Code to the 232
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 234
immobilization order issued under division (A) of this section 236
shall not sell the motor vehicle without approval of the court 237
that issued the order. If such an owner wishes to sell such a 238
the motor vehicle during the immobilization period, the owner 239
shall apply to the court that issued the immobilization order for 240
permission to assign the title to the vehicle. If the court is 242
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 243
this section, it may certify its consent to the owner and to the 244
registrar. Upon receipt of the court's consent, the registrar 245
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shall enter the court's notice in the owner's vehicle license 246
plate registration record.
If, during a period of immobilization under an 248
immobilization order issued under division (A) of this section, 250
the title to the immobilized motor vehicle is transferred by the 251
foreclosure of a chattel mortgage, a sale upon execution, the 252
cancellation of a conditional sales contract, or an order of a 253
court, the involved court shall notify the registrar of the 254
action, and the registrar shall enter the court's notice in the 255
owner's vehicle license plate registration record. 256
Nothing in this section shall be construed as requiring the 258
registrar or the clerk of the court of common pleas to note upon 259
the certificate of title records any prohibition regarding the 260
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 262
immobilization order under division (A) of this section is 264
assigned or transferred without court approval between the time 265
of arrest of the person who was operating the vehicle at the time 266
of the offense for which such an order is to be issued and the 267
time of the actual immobilization of the vehicle, the court shall 268
order that, for a period of two years from the date of the order, 269
neither the registrar nor any deputy registrar shall accept an 270
application for the registration of any motor vehicle in the name 271
of the owner of the vehicle that was assigned or transferred 272
without court approval. The court shall notify the registrar of 273
the order on a form prescribed by the registrar for that purpose. 274
(E)(1) The court with jurisdiction over the case, after 276
notice to all interested parties including lienholders, and after 277
an opportunity for them to be heard, if the vehicle owner fails 278
to appear in person, without good cause, or if the court finds 279
that the vehicle owner does not intend to seek release of the 280
vehicle at the end of the period of immobilization or that the 281
vehicle owner is not or will not be able to pay the expenses and 282
charges incurred in its removal and storage, may order that title 283
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to the vehicle be transferred, in order of priority, first into 284
the name of the entity entitled to the immobilization fee under 285
division (A)(6) of this section, next into the name of a 286
lienholder, or lastly, into the name of the owner of the place of 287
storage. 288
A lienholder that receives title under a court order shall 291
do so on the condition that it pay any expenses or charges 292
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 293
to the immobilization fee under division (A)(6) of this section, 294
it shall receive title on the condition that it pay any lien on 295
the vehicle. The court shall not order that title be transferred 296
to any person or entity other than the owner of the place of 297
storage if the person or entity refuses to receive the title. 298
Any person or entity that receives title may either keep title to 299
the vehicle or may dispose of the vehicle in any legal manner 300
that it considers appropriate, including assignment of the 301
certificate of title to the motor vehicle to a salvage dealer or 302
a scrap metal processing facility. The person or entity shall 303
not transfer the vehicle to the person who is the vehicle's 304
immediate previous owner. 305
If the person or entity assigns the motor vehicle to a 307
salvage dealer or scrap metal processing facility, the person or 309
entity shall send the assigned certificate of title to the motor 310
vehicle to the clerk of the court of common pleas of the county 311
in which the salvage dealer or scrap metal processing facility is 312
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 313
deliver a photocopy of the certificate of title to the salvage 314
dealer or scrap metal processing facility for its records. 315
(2) Whenever a court issues an order under division (E)(1) 317
of this section, the court also shall order removal of the 318
license plates from the vehicle and cause them to be sent to the 319
registrar if they have not already been sent to the registrar. 320
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Thereafter, no further proceedings shall take place under this 321
section, but the vehicle owner remains liable for payment of the 322
immobilization fee described in division (A)(4) of this section 323
if an immobilization order previously had been issued by the 324
court.
(3) Prior to initiating a proceeding under division (E)(1) 326
of this section, and upon payment of the fee under division (B) 327
of section 4505.14 of the Revised Code, any interested party may 328
cause a search to be made of the public records of the bureau of 329
motor vehicles or the clerk of the court of common pleas, to 330
ascertain the identity of any lienholder of the vehicle. The 331
initiating party shall furnish this information to the clerk of 332
the court with jurisdiction over the case, and the clerk shall 334
provide notice to the vehicle owner, the defendant, any 335
lienholder, and any other interested parties listed by the 336
initiating party, at the last known address supplied by the 337
initiating party, by certified mail or, at the option of the 338
initiating party, by personal service or ordinary mail. 339
As used in this section, "interested party" includes the 341
vehicle owner, all lienholders, the defendant, the owner of the 342
place of storage, the person or entity that caused the vehicle to 343
be removed, and the person or entity, if any, entitled to the 344
immobilization fee under division (A)(6) of this section. 345
Sec. 4507.164. (A) Except as provided in divisions (C) to 354
(E) of this section, when the license of any person is suspended 355
or revoked pursuant to any provision of the Revised Code other 356
than division (B) of section 4507.16 of the Revised Code, the 357
trial judge may impound the identification license plates of any 358
motor vehicle registered in the name of the person. 359
(B)(1) When the license of any person is suspended or 361
revoked pursuant to division (B)(1) of section 4507.16 of the 362
Revised Code, the trial judge of the court of record or the mayor 363
of the mayor's court that suspended or revoked the license may 364
impound the identification license plates of any motor vehicle 365
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registered in the name of the person. 366
(2) When the license of any person is suspended or revoked 368
pursuant to division (B)(2) or (3) of section 4507.16 of the 369
Revised Code, the trial judge of the court of record that 370
suspended or revoked the license shall order the impoundment of 371
the identification license plates of the motor vehicle the 372
offender was operating at the time of the offense and the 373
immobilization of that vehicle in accordance with section 374
4503.233 and division (A)(2) or (3) of section 4511.99 or 375
division (B)(2)(a) or (b) of section 4511.193 of the Revised Code 376
and may impound the identification license plates of any other 377
motor vehicle registered in the name of the person whose license 378
is suspended or revoked. 379
(3) When the license of any person is suspended or revoked 381
pursuant to division (B)(3) OR (4) of section 4507.16 of the 382
Revised Code, the trial judge of the court of record that 384
suspended or revoked the license shall order the criminal 385
forfeiture to the state of the motor vehicle the offender was 386
operating at the time of the offense in accordance with section 387
4503.234 and division (A)(3) OR (4) of section 4511.99 or 388
division (B)(2)(c)(b) of section 4511.193 of the Revised Code and 390
may impound the identification license plates of any other motor 391
vehicle registered in the name of the person whose license is 392
suspended or revoked.
(C)(1) When a person is convicted of or pleads guilty to a 394
violation of division (D)(2) of section 4507.02 of the Revised 395
Code or a substantially equivalent municipal ordinance and 396
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 397
(2) of section 4507.36 of the Revised Code applies, the trial 398
judge of the court of record or the mayor of the mayor's court 399
that imposes sentence shall order the immobilization of the 400
vehicle the person was operating at the time of the offense and 401
the impoundment of its identification license plates in 402
accordance with section 4503.233 and division (B)(1) or (2) of 403
11
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 404
the Revised Code and may impound the identification license 405
plates of any other vehicle registered in the name of that 406
person. 407
(2) When a person is convicted of or pleads guilty to a 409
violation of division (D)(2) of section 4507.02 of the Revised 410
Code or a substantially equivalent municipal ordinance and 411
division (B)(3) of section 4507.99 or division (C)(3) of section 412
4507.361 of the Revised Code applies, the trial judge of the 413
court of record that imposes sentence shall order the criminal 414
forfeiture to the state of the vehicle the person was operating 415
at the time of the offense in accordance with section 4503.234 416
and division (B)(3) of section 4507.99 or division (C)(3) of 417
section 4507.361 of the Revised Code and may impound the 418
identification license plates of any other vehicle registered in 419
the name of that person. 420
(D)(1) When a person is convicted of or pleads guilty to a 422
violation of division (B)(1) of section 4507.02 of the Revised 423
Code or a substantially equivalent municipal ordinance and 424
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 425
(2) of section 4507.361 of the Revised Code applies, the trial 426
judge of the court of record or the mayor of the mayor's court 427
that imposes sentence shall order the immobilization of the 428
vehicle the person was operating at the time of the offense and 429
the impoundment of its identification license plates in 430
accordance with section 4503.233 and division (C)(1) or (2) of 431
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 432
the Revised Code and may impound the identification license 433
plates of any other vehicle registered in the name of that 434
person. 435
(2) When a person is convicted of or pleads guilty to a 437
violation of division (B)(1) of section 4507.02 of the Revised 438
Code or a substantially equivalent municipal ordinance and 439
division (C)(3) of section 4507.99 or division (B)(3) of section 440
12
4507.361 of the Revised Code applies, the trial judge of the 441
court of RECORD that imposes sentence shall order the criminal 442
forfeiture to the state of the vehicle the person was operating 443
at the time of the offense in accordance with section 4503.234 444
and division (C)(3) of section 4507.99 or division (B)(3) of 445
section 4507.361 of the Revised Code and may impound the 446
identification license plates of any other vehicle registered in 447
the name of that person. 448
(E)(1) When a person is convicted of or pleads guilty to a 450
violation of section 4507.33 of the Revised Code and the person 451
is sentenced pursuant to division (E)(1) of section 4507.99 of 452
the Revised Code, the trial judge of the court of record or the 453
mayor of the mayor's court that imposes sentence shall order the 454
immobilization of the vehicle that was involved in the commission 455
of the offense and the impoundment of its identification license 456
plates in accordance with division (E)(1) of section 4507.99 and 457
section 4503.233 of the Revised Code and may impound the 458
identification license plates of any other vehicle registered in 459
the name of that person. 460
(2) When a person is convicted of or pleads guilty to a 462
violation of section 4507.33 of the Revised Code and the person 463
is sentenced pursuant to division (E)(2) of section 4507.99 of 464
the Revised Code, the trial judge of the court of record or the 465
mayor of the mayor's court that imposes sentence shall order the 466
criminal forfeiture to the state of the vehicle that was involved 467
in the commission of the offense in accordance with division 468
(E)(2) of section 4507.99 and section 4503.234 of the Revised 469
Code and may impound the identification license plates of any 470
other vehicle registered in the name of that person. 471
(F) Except as provided in section 4503.233 or 4503.234 of 473
the Revised Code, when the certificate of registration, the 474
identification license plates, or both have been impounded, 475
division (F) of section 4507.02 of the Revised Code is 476
applicable. 477
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Sec. 4511.193. (A) Twenty-five dollars of any fine 486
imposed for a violation of a municipal ordinance relating to 487
operating a vehicle while under the influence of alcohol, a drug 488
of abuse, or alcohol and a drug of abuse or relating to operating 489
a vehicle with a prohibited concentration of alcohol in the 490
blood, breath, or urine shall be deposited into the municipal or 491
county indigent drivers alcohol treatment fund created pursuant 492
to division (N) of section 4511.191 of the Revised Code in 493
accordance with this section and section 733.40, divisions (A) 494
and (B) of section 1901.024, division (F) of section 1901.31, or 495
division (C) of section 1907.20 of the Revised Code. Regardless 496
of whether the fine is imposed by a municipal court, a mayor's 497
court, or a juvenile court, if the fine was imposed for a 498
violation of an ordinance of a municipal corporation that is 499
within the jurisdiction of a municipal court, the twenty-five 500
dollars that is subject to this section shall be deposited into 501
the indigent drivers alcohol treatment fund of the municipal 502
corporation in which is located the municipal court that has 503
jurisdiction over that municipal corporation. Regardless of 504
whether the fine is imposed by a county court, a mayor's court, 505
or a juvenile court, if the fine was imposed for a violation of 506
an ordinance of a municipal corporation that is within the 507
jurisdiction of a county court, the twenty-five dollars that is 508
subject to this section shall be deposited into the indigent 509
drivers alcohol treatment fund of the county in which is located 510
the county court that has jurisdiction over that municipal 511
corporation. The deposit shall be made in accordance with 512
section 733.40, divisions (A) and (B) of section 1901.024, 513
division (F) of section 1901.31, or division (C) of section 514
1907.20 of the Revised Code. 515
(B)(1) The requirements and sanctions imposed by divisions 517
(B)(1) and (2) of this section are an adjunct to and derive from 518
the state's exclusive authority over the registration and titling 519
of motor vehicles and do not comprise a part of the criminal 520
14
sentence to be imposed upon a person who violates a municipal 521
ordinance relating to operating a vehicle while under the 522
influence of alcohol, a drug of abuse, or alcohol and a drug of 523
abuse or relating to operating a vehicle with a prohibited 524
concentration of alcohol in the blood, breath, or urine. 525
(2) If a person is convicted of or pleads guilty to a 527
municipal ordinance relating to operating a vehicle while under 528
the influence of alcohol, a drug of abuse, or alcohol and a drug 529
of abuse or relating to operating a vehicle with a prohibited 530
concentration of alcohol in the blood, breath, or urine and if, 531
within the period of time specified in division (B)(2)(a), OR 533
(b), or (c) of this section, the offender has been convicted of 535
or pleaded guilty to any violation of section 4511.19 of the 536
Revised Code, a municipal ordinance relating to operating a 537
vehicle while under the influence of alcohol, a drug of abuse, or 538
alcohol and a drug of abuse, a municipal ordinance relating to 539
operating a vehicle with a prohibited concentration of alcohol in 540
the blood, breath, or urine, section 2903.04 of the Revised Code 541
in a case in which the offender was subject to the sanctions 542
described in division (D) of that section, section 2903.06, 543
2903.07, or 2903.08 of the Revised Code, or a municipal ordinance 544
that is substantially similar to section 2903.07 of the Revised 545
Code in a case in which the jury or judge found that the offender 546
was under the influence of alcohol, a drug of abuse, or alcohol 547
and a drug of abuse, a statute of the United States or of any 548
other state or a municipal ordinance of a municipal corporation 549
located in any other state that is substantially similar to 550
division (A) or (B) of section 4511.19 of the Revised Code, or if 551
the other circumstances described in division (B)(2)(c)(b) of 552
this section apply, the court, in addition to and independent of 554
any sentence that it imposes upon the offender for the offense, 555
regardless of whether the vehicle the offender was operating at 556
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 557
15
the Revised Code, shall do whichever of the following is 558
applicable: 559
(a) Except as otherwise provided in division (B)(2)(c)(b) 562
of this section, if, within six years of the current offense, the 563
offender has been convicted of or pleaded guilty to one violation 564
described in division (B)(2) of this section, the court shall 565
order the immobilization for ninety days of the vehicle the 566
offender was operating at the time of the offense and the 567
impoundment for ninety days of the license plates of that 569
vehicle. The order for the immobilization and impoundment shall 570
be issued and enforced in accordance with section 4503.233 of the 571
Revised Code.
(b) Except as otherwise provided in division (B)(2)(c) of 574
this section, if, within six years of the current offense, the 575
offender has been convicted of or pleaded guilty to two 576
violations described in division (B)(2) of this section, the 577
court shall order the immobilization for one hundred eighty days 578
of the vehicle the offender was operating at the time of the 579
offense and the impoundment for one hundred eighty days of the 580
license plates of that vehicle. The order for the immobilization 582
and impoundment shall be issued and enforced in accordance with 583
section 4503.233 of the Revised Code.
(c) If, within six years of the current offense, the 585
offender has been convicted of or pleaded guilty to three TWO or 586
more violations described in division (B)(2) of this section, or 588
if the offender previously has been convicted of or pleaded 589
guilty to a violation of division (A) of section 4511.19 of the 590
Revised Code under circumstances in which the violation was a 591
felony and regardless of when the violation and the conviction or 592
guilty plea occurred, the court shall order the criminal 593
forfeiture to the state of the vehicle the offender was operating 594
at the time of the offense. The order of criminal forfeiture 595
shall be issued and enforced in accordance with section 4503.234 596
of the Revised Code.
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Sec. 4511.99. (A) Whoever violates division (A) of 605
section 4511.19 of the Revised Code, in addition to the license 606
suspension or revocation provided in section 4507.16 of the 607
Revised Code and any disqualification imposed under section 608
4506.16 of the Revised Code, shall be punished as provided in 609
division (A)(1), (2), (3), or (4) of this section. 610
(1) Except as otherwise provided in division (A)(2), (3), 612
or (4) of this section, the offender is guilty of a misdemeanor 613
of the first degree and the court shall sentence the offender to 614
a term of imprisonment of three consecutive days and may sentence 615
the offender pursuant to section 2929.21 of the Revised Code to a 616
longer term of imprisonment. In addition, the court shall impose 617
upon the offender a fine of not less than two hundred and not 618
more than one thousand dollars. 619
The court may suspend the execution of the mandatory three 621
consecutive days of imprisonment that it is required to impose by 622
this division, if the court, in lieu of the suspended term of 623
imprisonment, places the offender on probation and requires the 624
offender to attend, for three consecutive days, a drivers' 625
intervention program that is certified pursuant to section 626
3793.10 of the Revised Code. The court also may suspend the 627
execution of any part of the mandatory three consecutive days of 628
imprisonment that it is required to impose by this division, if 629
the court places the offender on probation for part of the three 630
consecutive days; requires the offender to attend, for that part 631
of the three consecutive days, a drivers' intervention program 632
that is certified pursuant to section 3793.10 of the Revised 633
Code; and sentences the offender to a term of imprisonment equal 634
to the remainder of the three consecutive days that the offender 635
does not spend attending the drivers' intervention program. The 636
court may require the offender, as a condition of probation, to 637
attend and satisfactorily complete any treatment or education 638
programs that comply with the minimum standards adopted pursuant 639
to Chapter 3793. of the Revised Code by the director of alcohol 640
17
and drug addiction services, in addition to the required 641
attendance at a drivers' intervention program, that the operators 642
of the drivers' intervention program determine that the offender 643
should attend and to report periodically to the court on the 644
offender's progress in the programs. The court also may impose 645
any other conditions of probation on the offender that it 646
considers necessary. 647
Of the fine imposed pursuant to this division, twenty-five 649
dollars shall be paid to an enforcement and education fund 650
established by the legislative authority of the law enforcement 651
agency in this state that primarily was responsible for the 652
arrest of the offender, as determined by the court that imposes 653
the fine. This share shall be used by the agency to pay only 654
those costs it incurs in enforcing section 4511.19 of the Revised 655
Code or a substantially similar municipal ordinance and in 656
informing the public of the laws governing the operation of a 657
motor vehicle while under the influence of alcohol, the dangers 658
of operating a motor vehicle while under the influence of 659
alcohol, and other information relating to the operation of a 660
motor vehicle and the consumption of alcoholic beverages. 661
Twenty-five dollars of the fine imposed pursuant to this division 662
shall be deposited into the county indigent drivers alcohol 663
treatment fund or municipal indigent drivers alcohol treatment 664
fund under the control of that court, as created by the county or 665
municipal corporation pursuant to division (N) of section 666
4511.191 of the Revised Code. The balance of the fine shall be 667
disbursed as otherwise provided by law. 668
(2)(a) Except as otherwise provided in division (A)(4) of 671
this section, if, within six years of the offense, the offender 672
has been convicted of or pleaded guilty to one violation of 673
division (A) or (B) of section 4511.19 of the Revised Code, a 674
municipal ordinance relating to operating a vehicle while under 675
the influence of alcohol, a drug of abuse, or alcohol and a drug 676
of abuse, a municipal ordinance relating to operating a vehicle 677
18
with a prohibited concentration of alcohol in the blood, breath, 678
or urine, section 2903.04 of the Revised Code in a case in which 679
the offender was subject to the sanctions described in division 680
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 682
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 683
the jury or judge found that the offender was under the influence 684
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 685
statute of the United States or of any other state or a municipal 687
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 688
4511.19 of the Revised Code, the offender is guilty of a 689
misdemeanor of the first degree and, except as provided in this 690
division, the court shall sentence the offender to a term of 691
imprisonment of ten consecutive days and may sentence the 692
offender pursuant to section 2929.21 of the Revised Code to a 693
longer term of imprisonment. As an alternative to the term of 694
imprisonment required to be imposed by this division, but subject 695
to division (A)(8) of this section, the court may impose upon the 696
offender a sentence consisting of both a term of imprisonment of 697
five consecutive days and not less than eighteen consecutive days 698
of electronically monitored house arrest as defined in division 699
(A) of section 2929.23 of the Revised Code. The five consecutive 700
days of imprisonment and the period of electronically monitored 701
house arrest shall not exceed six months. The five consecutive 702
days of imprisonment do not have to be served prior to or 703
consecutively with the period of electronically monitored house 704
arrest.
In addition, the court shall impose upon the offender a 706
fine of not less than three hundred and not more than one 707
thousand five hundred dollars. 708
In addition to any other sentence that it imposes upon the 710
offender, the court may require the offender to attend a drivers' 711
intervention program that is certified pursuant to section 712
19
3793.10 of the Revised Code. If the officials of the drivers' 713
intervention program determine that the offender is alcohol 714
dependent, they shall notify the court, and the court shall order 715
the offender to obtain treatment through an alcohol and drug 716
addiction program authorized by section 3793.02 of the Revised 717
Code. The cost of the treatment shall be paid by the offender. 718
Of the fine imposed pursuant to this division, thirty-five 720
dollars shall be paid to an enforcement and education fund 721
established by the legislative authority of the law enforcement 722
agency in this state that primarily was responsible for the 723
arrest of the offender, as determined by the court that imposes 724
the fine. This share shall be used by the agency to pay only 725
those costs it incurs in enforcing division (A) of section 726
4511.19 of the Revised Code or a substantially similar municipal 727
ordinance and in informing the public of the laws governing the 728
operation of a motor vehicle while under the influence of 729
alcohol, the dangers of operating a motor vehicle while under the 730
influence of alcohol, and other information relating to the 731
operation of a motor vehicle and the consumption of alcoholic 732
beverages. Sixty-five dollars of the fine imposed pursuant to 733
this division shall be paid to the political subdivision 734
responsible for housing the offender during the offender's term 736
of incarceration. This share shall be used by the political 737
subdivision to pay or reimburse incarceration costs it incurs in 738
housing persons who violate section 4511.19 of the Revised Code 739
or a substantially similar municipal ordinance and to pay for 740
ignition interlock devices and electronic house arrest equipment 741
for persons who violate that section, and shall be paid to the 742
credit of the fund that pays the cost of the incarceration. 743
Fifty dollars of the fine imposed pursuant to this division shall 744
be deposited into the county indigent drivers alcohol treatment 745
fund or municipal indigent drivers alcohol treatment fund under 746
the control of that court, as created by the county or municipal 747
corporation pursuant to division (N) of section 4511.191 of the 748
20
Revised Code. The balance of the fine shall be disbursed as 749
otherwise provided by law. 750
(b) Regardless of whether the vehicle the offender was 752
operating at the time of the offense is registered in the 753
offender's name or in the name of another person, the court, in 755
addition to the penalties imposed under division (A)(2)(a) of 756
this section and all other penalties provided by law and subject 757
to section 4503.235 of the Revised Code, shall order the 758
immobilization for ninety days of the vehicle the offender was 759
operating at the time of the offense and the impoundment for 760
ninety days of the identification license plates of that vehicle. 761
The order for the immobilization and impoundment shall be issued 762
and enforced in accordance with section 4503.233 of the Revised 763
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 766
this section, if, within six years of the offense, the offender 767
has been convicted of or pleaded guilty to two violations of 768
division (A) or (B) of section 4511.19 of the Revised Code, a 769
municipal ordinance relating to operating a vehicle while under 770
the influence of alcohol, a drug of abuse, or alcohol and a drug 771
of abuse, a municipal ordinance relating to operating a vehicle 772
with a prohibited concentration of alcohol in the blood, breath, 773
or urine, section 2903.04 of the Revised Code in a case in which 774
the offender was subject to the sanctions described in division 775
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 777
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 778
the jury or judge found that the offender was under the influence 779
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 781
statute of the United States or of any other state or a municipal 782
ordinance of a municipal corporation located in any other state 783
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 784
the court shall sentence the offender to a term of imprisonment 785
21
of thirty consecutive days and may sentence the offender to a 786
longer definite term of imprisonment of not more than one year. 787
As an alternative to the term of imprisonment required to be 788
imposed by this division, but subject to division (A)(8) of this 789
section, the court may impose upon the offender a sentence 790
consisting of both a term of imprisonment of fifteen consecutive 791
days and not less than fifty-five consecutive days of 792
electronically monitored house arrest as defined in division (A) 793
of section 2929.23 of the Revised Code. The fifteen consecutive 794
days of imprisonment and the period of electronically monitored 795
house arrest shall not exceed one year. The fifteen consecutive 796
days of imprisonment do not have to be served prior to or 797
consecutively with the period of electronically monitored house 798
arrest.
In addition, the court shall impose upon the offender a 800
fine of not less than five hundred and not more than two thousand 801
five hundred dollars. 802
In addition to any other sentence that it imposes upon the 804
offender, the court shall require the offender to attend an 805
alcohol and drug addiction program authorized by section 3793.02 806
of the Revised Code. The cost of the treatment shall be paid by 807
the offender. If the court determines that the offender is 808
unable to pay the cost of attendance at the treatment program, 810
the court may order that payment of the cost of the offender's 811
attendance at the treatment program be made from that court's 812
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 814
twenty-three dollars shall be paid to an enforcement and 815
education fund established by the legislative authority of the 816
law enforcement agency in this state that primarily was 817
responsible for the arrest of the offender, as determined by the 818
court that imposes the fine. This share shall be used by the 819
agency to pay only those costs it incurs in enforcing section 820
4511.19 of the Revised Code or a substantially similar municipal 821
22
ordinance and in informing the public of the laws governing the 822
operation of a motor vehicle while under the influence of 823
alcohol, the dangers of operating a motor vehicle while under the 824
influence of alcohol, and other information relating to the 825
operation of a motor vehicle and the consumption of alcoholic 826
beverages. Two hundred twenty-seven dollars of the fine imposed 827
pursuant to this division shall be paid to the political 828
subdivision responsible for housing the offender during the 829
offender's term of incarceration. This share shall be used by 831
the political subdivision to pay or reimburse incarceration costs 832
it incurs in housing persons who violate division (A) of section 833
4511.19 of the Revised Code or a substantially similar municipal 834
ordinance and to pay for ignition interlock devices and 835
electronic house arrest equipment for persons who violate that 836
section and shall be paid to the credit of the fund that pays the 837
cost of incarceration. The balance of the fine shall be 838
disbursed as otherwise provided by law. 839
(b) Regardless of whether the vehicle the offender was 841
operating at the time of the offense is registered in the 842
offender's name or in the name of another person, the court, in 844
addition to the penalties imposed under division (A)(3)(a) of 845
this section and all other penalties provided by law and subject 846
to section 4503.235 of the Revised Code, shall order the 847
immobilization for one hundred eighty days CRIMINAL FORFEITURE TO 848
THE STATE of the vehicle the offender was operating at the time 850
of the offense and the impoundment for one hundred eighty days of 851
the identification license plates of that vehicle. The order for 852
the immobilization and impoundment OF CRIMINAL FORFEITURE shall 853
be issued and enforced in accordance with section 4503.233 854
4503.234 of the Revised Code. 855
(4)(a) If, within six years of the offense, the offender 857
has been convicted of or pleaded guilty to three or more 858
violations of division (A) or (B) of section 4511.19 of the 859
Revised Code, a municipal ordinance relating to operating a 860
23
vehicle while under the influence of alcohol, a drug of abuse, or 861
alcohol and a drug of abuse, a municipal ordinance relating to 862
operating a vehicle with a prohibited concentration of alcohol in 863
the blood, breath, or urine, section 2903.04 of the Revised Code 864
in a case in which the offender was subject to the sanctions 865
described in division (D) of that section, section 2903.06, 866
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 867
that is substantially similar to section 2903.07 of the Revised 868
Code in a case in which the jury or judge found that the offender 869
was under the influence of alcohol, a drug of abuse, or alcohol 870
and a drug of abuse, or a statute of the United States or of any 872
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 873
division (A) or (B) of section 4511.19 of the Revised Code, or if 874
the offender previously has been convicted of or pleaded guilty 875
to a violation of division (A) of section 4511.19 of the Revised 876
Code under circumstances in which the violation was a felony and 877
regardless of when the violation and the conviction or guilty 878
plea occurred, the offender is guilty of a felony of the fourth 879
degree. The court shall sentence the offender in accordance with 880
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 881
of sixty consecutive days of imprisonment in accordance with 882
division (G)(1) of section 2929.13 of the Revised Code or a 883
mandatory prison term of sixty consecutive days of imprisonment 884
in accordance with division (G)(2) of that section, whichever is 885
applicable. If the offender is required to serve a mandatory 886
term of local incarceration of sixty consecutive days of 887
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 888
2929.17 of the Revised Code, may impose upon the offender a 890
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 891
arrest shall not commence until after the offender has served the 892
24
mandatory term of local incarceration. 893
In addition to all other sanctions imposed, the court shall 895
impose upon the offender, pursuant to section 2929.18 of the 896
Revised Code, a fine of not less than seven hundred fifty nor 897
more than ten thousand dollars. 898
In addition to any other sanction that it imposes upon the 901
offender, the court shall require the offender to attend an 903
alcohol and drug addiction program authorized by section 3793.02 904
of the Revised Code. The cost of the treatment shall be paid by 905
the offender. If the court determines that the offender is 906
unable to pay the cost of attendance at the treatment program, 907
the court may order that payment of the cost of the offender's 908
attendance at the treatment program be made from the court's 909
indigent drivers alcohol treatment fund. 910
Of the fine imposed pursuant to this division, two hundred 912
ten dollars shall be paid to an enforcement and education fund 913
established by the legislative authority of the law enforcement 914
agency in this state that primarily was responsible for the 915
arrest of the offender, as determined by the court that imposes 916
the fine. This share shall be used by the agency to pay only 917
those costs it incurs in enforcing section 4511.19 of the Revised 918
Code or a substantially similar municipal ordinance and in 919
informing the public of the laws governing operation of a motor 920
vehicle while under the influence of alcohol, the dangers of 921
operation of a motor vehicle while under the influence of 922
alcohol, and other information relating to the operation of a 923
motor vehicle and the consumption of alcoholic beverages. Three 924
hundred ninety dollars of the fine imposed pursuant to this 925
division shall be paid to the political subdivision responsible 926
for housing the offender during the offender's term of 927
incarceration. This share shall be used by the political 929
subdivision to pay or reimburse incarceration costs it incurs in 930
housing persons who violate division (A) of section 4511.19 of 931
the Revised Code or a substantially similar municipal ordinance 932
25
and to pay for ignition interlock devices and electronic house 933
arrest equipment for persons who violate that section, and shall 934
be paid to the credit of the fund that pays the cost of 935
incarceration. The balance of the fine shall be disbursed as 936
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 938
operating at the time of the offense is registered in the 939
offender's name or in the name of another person, the court, in 941
addition to the sanctions imposed under division (A)(4)(a) of 942
this section and all other sanctions provided by law and subject 944
to section 4503.235 of the Revised Code, shall order the criminal 946
forfeiture to the state of the vehicle the offender was operating 947
at the time of the offense. The order of criminal forfeiture 948
shall be issued and enforced in accordance with section 4503.234 949
of the Revised Code. 950
(c) As used in division (A)(4)(a) of this section, 953
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 955
the Revised Code.
If title to a motor vehicle that is subject to an order for 957
criminal forfeiture under this section is assigned or transferred 958
and division (C)(2) or (3) of section 4503.234 of the Revised 959
Code applies, in addition to or independent of any other penalty 960
established by law, the court may fine the offender the value of 961
the vehicle as determined by publications of the national auto 962
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 963
(D)(4) of section 4503.234 of the Revised Code. 964
(5)(a) Except as provided in division (A)(5)(b) of this 966
section, upon a showing that imprisonment would seriously affect 967
the ability of an offender sentenced pursuant to division (A)(1), 968
(2), (3), or (4) of this section to continue the offender's 969
employment, the court may authorize that the offender be granted 971
work release from imprisonment after the offender has served the 972
26
three, ten, or thirty consecutive days of imprisonment or the 973
mandatory term of local incarceration of sixty consecutive days 974
that the court is required by division (A)(1), (2), (3), or (4) 976
of this section to impose. No court shall authorize work release 977
from imprisonment during the three, ten, or thirty consecutive 978
days of imprisonment or the mandatory term of local incarceration 979
or mandatory prison term of sixty consecutive days that the court 981
is required by division (A)(1), (2), (3), or (4) of this section 982
to impose. The duration of the work release shall not exceed the 983
time necessary each day for the offender to commute to and from 984
the place of employment and the place of imprisonment and the 985
time actually spent under employment. 986
(b) An offender who is sentenced pursuant to division 988
(A)(2) or (3) of this section to a term of imprisonment followed 989
by a period of electronically monitored house arrest is not 990
eligible for work release from imprisonment, but that person 991
shall be permitted work release during the period of 992
electronically monitored house arrest. The duration of the work 993
release shall not exceed the time necessary each day for the 994
offender to commute to and from the place of employment and the 995
offender's home or other place specified by the sentencing court 996
and the time actually spent under employment. 997
(6) Notwithstanding any section of the Revised Code that 999
authorizes the suspension of the imposition or execution of a 1,000
sentence, the placement of an offender in any treatment program 1,002
in lieu of imprisonment, or the use of a community control 1,003
sanction for an offender convicted of a felony, no court shall 1,004
suspend the ten or thirty consecutive days of imprisonment 1,005
required to be imposed on an offender by division (A)(2) or (3) 1,006
of this section, no court shall place an offender who is 1,007
sentenced pursuant to division (A)(2), (3), or (4) of this 1,008
section in any treatment program in lieu of imprisonment until 1,009
after the offender has served the ten or thirty consecutive days 1,010
of imprisonment or the mandatory term of local incarceration or 1,011
27
mandatory prison term of sixty consecutive days required to be 1,012
imposed pursuant to division (A)(2), (3), or (4) of this section, 1,013
no court that sentences an offender under division (A)(4) of this 1,014
section shall impose any sanction other than a mandatory term of 1,015
local incarceration or mandatory prison term to apply to the 1,016
offender until after the offender has served the mandatory term 1,017
of local incarceration or mandatory prison term of sixty 1,019
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 1,021
imprisonment and a period of electronically monitored house 1,022
arrest upon an offender under division (A)(2) or (3) of this 1,023
section shall suspend any portion of the sentence or place the 1,024
offender in any treatment program in lieu of imprisonment or 1,025
electronically monitored house arrest. Notwithstanding any 1,026
section of the Revised Code that authorizes the suspension of the 1,027
imposition or execution of a sentence or the placement of an 1,028
offender in any treatment program in lieu of imprisonment, no 1,029
court, except as specifically authorized by division (A)(1) of 1,030
this section, shall suspend the three consecutive days of 1,031
imprisonment required to be imposed by division (A)(1) of this 1,032
section or place an offender who is sentenced pursuant to 1,033
division (A)(1) of this section in any treatment program in lieu 1,034
of imprisonment until after the offender has served the three 1,035
consecutive days of imprisonment required to be imposed pursuant 1,036
to division (A)(1) of this section. 1,037
(7) No court shall sentence an offender to an alcohol 1,039
treatment program pursuant to division (A)(1), (2), (3), or (4) 1,040
of this section unless the treatment program complies with the 1,041
minimum standards adopted pursuant to Chapter 3793. of the 1,042
Revised Code by the director of alcohol and drug addiction 1,043
services. 1,044
(8) No court shall impose the alternative sentence of a 1,046
term of imprisonment of five consecutive days plus not less than 1,047
eighteen consecutive days of electronically monitored house 1,048
28
arrest permitted to be imposed by division (A)(2) of this 1,049
section, or the alternative sentence of a term of imprisonment of 1,050
fifteen consecutive days plus not less than fifty-five 1,051
consecutive days of electronically monitored house arrest 1,052
permitted to be imposed pursuant to division (A)(3) of this 1,053
section, unless within sixty days of the date of sentencing, the 1,054
court issues a written finding, entered into the record, that due 1,055
to the unavailability of space at the incarceration facility 1,056
where the offender is required to serve the term of imprisonment 1,057
imposed upon the offender, the offender will not be able to 1,058
commence serving the term of imprisonment within the sixty-day 1,060
period following the date of sentencing. If the court issues 1,061
such a finding, the court may impose the alternative sentence 1,062
comprised of a term of imprisonment and a term of electronically 1,063
monitored house arrest permitted to be imposed by division (A)(2) 1,064
or (3) of this section. 1,065
(B) Whoever violates section 4511.192, 4511.251, or 1,067
4511.85 of the Revised Code is guilty of a misdemeanor of the 1,068
first degree. The court, in addition to or independent of all 1,069
other penalties provided by law, may suspend for a period not to 1,070
exceed one year the driver's or commercial driver's license or 1,071
permit or nonresident operating privilege of any person who 1,072
pleads guilty to or is convicted of a violation of section 1,073
4511.192 of the Revised Code. 1,074
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 1,076
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 1,077
guilty of one of the following: 1,078
(1) Except as otherwise provided in division (C)(2) of 1,080
this section, a minor misdemeanor. 1,081
(2) If the offender previously has been convicted of or 1,084
pleaded guilty to one or more violations of section 4511.63, 1,085
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 1,086
Revised Code or a municipal ordinance that is substantially 1,087
similar to any of those sections, a misdemeanor of the fourth 1,090
29
degree.
(D)(1) Whoever violates any provision of sections 4511.01 1,092
to 4511.76 or section 4511.84 of the Revised Code, for which no 1,093
penalty otherwise is provided in this section is guilty of one of 1,094
the following: 1,095
(a) Except as otherwise provided in division (D)(1)(b), 1,098
(1)(c), (2), or (3) of this section, a minor misdemeanor; 1,099
(b) If, within one year of the offense, the offender 1,101
previously has been convicted of or pleaded guilty to one 1,103
violation of any provision of sections 4511.01 to 4511.76 or 1,105
section 4511.84 of the Revised Code for which no penalty 1,106
otherwise is provided in this section or a municipal ordinance 1,108
that is substantially similar to any provision of sections 1,109
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 1,110
which no penalty otherwise is provided in this section, a 1,111
misdemeanor of the fourth degree; 1,113
(c) If, within one year of the offense, the offender 1,115
previously has been convicted of or pleaded guilty to two or more 1,116
violations of any provision described in division (D)(1)(b) of 1,118
this section or any municipal ordinance that is substantially 1,119
similar to any of those provisions, a misdemeanor of the third 1,120
degree. 1,121
(2) When any person is found guilty of a first offense for 1,123
a violation of section 4511.21 of the Revised Code upon a finding 1,124
that the person operated a motor vehicle faster than thirty-five 1,126
miles an hour in a business district of a municipal corporation, 1,127
or faster than fifty miles an hour in other portions, or faster 1,128
than thirty-five miles an hour while passing through a school 1,129
zone during recess or while children are going to or leaving 1,130
school during the opening or closing hours, the person is guilty 1,131
of a misdemeanor of the fourth degree. 1,132
(3) Notwithstanding section 2929.21 of the Revised Code, 1,134
upon a finding that such person operated a motor vehicle in a 1,135
construction zone where a sign was then posted in accordance with 1,136
30
section 4511.98 of the Revised Code, the court, in addition to 1,137
all other penalties provided by law, shall impose a fine of two 1,138
times the usual amount imposed for the violation. No court shall 1,139
impose a fine of two times the usual amount imposed for the 1,140
violation upon an offender who alleges, in an affidavit filed 1,141
with the court prior to the offender's sentencing, that the 1,142
offender is indigent and is unable to pay the fine imposed 1,143
pursuant to this division, provided the court determines the 1,144
offender is an indigent person and is unable to pay the fine. 1,145
(E) Whenever a person is found guilty in a court of record 1,147
of a violation of section 4511.761, 4511.762, or 4511.77 of the 1,148
Revised Code, the trial judge, in addition to or independent of 1,149
all other penalties provided by law, may suspend for any period 1,150
of time not exceeding three years, or revoke the license of any 1,151
person, partnership, association, or corporation, issued under 1,152
section 4511.763 of the Revised Code. 1,153
(F) Whoever violates division (E) or (F) of section 1,155
4511.51, division (A), (D), or (E) of section 4511.521, section 1,156
4511.681, division (A), (C), or (F) of section 4511.69, section 1,157
4511.772, or division (A) or (B) of section 4511.82 of the 1,158
Revised Code is guilty of a minor misdemeanor. 1,159
(G) Whoever violates division (A) of section 4511.75 of 1,161
the Revised Code may be fined an amount not to exceed five 1,162
hundred dollars. A person who is issued a citation for a 1,163
violation of division (A) of section 4511.75 of the Revised Code 1,164
is not permitted to enter a written plea of guilty and waive the 1,165
person's right to contest the citation in a trial, but instead 1,166
must appear in person in the proper court to answer the charge. 1,167
(H)(1) Whoever is a resident of this state and violates 1,169
division (A) or (B) of section 4511.81 of the Revised Code shall 1,170
be punished as follows: 1,171
(a) Except as otherwise provided in division (H)(1)(b) of 1,173
this section, the offender is guilty of a minor misdemeanor. 1,175
(b) If the offender previously has been convicted of or 1,177
31
pleaded guilty to a violation of division (A) or (B) of section 1,178
4511.81 of the Revised Code or of a municipal ordinance that is 1,180
substantially similar to either of those divisions, the offender 1,181
is guilty of a misdemeanor of the fourth degree. 1,182
(2) Whoever is not a resident of this state, violates 1,184
division (A) or (B) of section 4511.81 of the Revised Code, and 1,185
fails to prove by a preponderance of the evidence that the 1,186
offender's use or nonuse of a child restraint system was in 1,187
accordance with the law of the state of which the offender is a 1,189
resident is guilty of a minor misdemeanor on a first offense; on 1,191
a second or subsequent offense, that person is guilty of a 1,192
misdemeanor of the fourth degree. 1,193
(3) Sixty-five per cent of every fine imposed pursuant to 1,195
division (H)(1) or (2) of this section shall be forwarded to the 1,196
treasurer of state for deposit in the "child highway safety fund" 1,197
created by division (G) of section 4511.81 of the Revised Code. 1,198
The balance of the fine shall be disbursed as otherwise provided 1,199
by law. 1,200
(I) Whoever violates section 4511.202 of the Revised Code 1,202
is guilty of operating a motor vehicle without being in control 1,203
of it, a minor misdemeanor. 1,204
(J) Whoever violates division (B) of section 4511.74, 1,206
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 1,207
section 4511.83 of the Revised Code is guilty of a misdemeanor of 1,208
the first degree. 1,209
(K) Except as otherwise provided in this division, whoever 1,211
violates division (E) of section 4511.11, division (A) or (C) of 1,212
section 4511.17, or section 4511.18 of the Revised Code is guilty 1,213
of a misdemeanor of the third degree. If a violation of division 1,214
(A) or (C) of section 4511.17 of the Revised Code creates a risk 1,215
of physical harm to any person, the offender is guilty of a 1,216
misdemeanor of the first degree. A violation of division (A) or 1,217
(C) of section 4511.17 of the Revised Code that causes serious 1,218
physical harm to property that is owned, leased, or controlled by 1,219
32
a state or local authority is a felony of the fifth degree. 1,221
(L) Whoever violates division (H) of section 4511.69 of 1,223
the Revised Code shall be punished as follows: 1,224
(1) Except as otherwise provided in division (L)(2) of 1,227
this section, the offender shall be issued a warning. 1,228
(2) If the offender previously has been convicted of or 1,230
pleaded guilty to a violation of division (H) of section 4511.69 1,231
of the Revised Code or of a municipal ordinance that is 1,232
substantially similar to that division, the offender shall not be 1,233
issued a warning but shall be fined twenty-five dollars for each 1,234
parking location that is not properly marked or whose markings 1,236
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 1,238
4511.45 of the Revised Code is guilty of a misdemeanor of the 1,239
fourth degree on a first offense; on a second offense within one 1,240
year after the first offense, the person is guilty of a 1,241
misdemeanor of the third degree; and on each subsequent offense 1,242
within one year after the first offense, the person is guilty of 1,243
a misdemeanor of the second degree. 1,244
(N)(1) Whoever violates division (B) of section 4511.19 of 1,247
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 1,248
(a) Except as otherwise provided in division (N)(1)(b) of 1,251
this section, the offender is guilty of a misdemeanor of the 1,253
fourth degree.
(b) If, within one year of the offense, the offender has 1,255
been convicted of or pleaded guilty to any violation of division 1,256
(A) or (B) of section 4511.19 of the Revised Code, a municipal 1,257
ordinance relating to operating a vehicle while under the 1,258
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,259
abuse, a municipal ordinance relating to operating a vehicle with 1,260
a prohibited concentration of alcohol in the blood, breath, or 1,261
urine, section 2903.04 of the Revised Code in a case in which the 1,262
offender was subject to the sanctions described in division (D) 1,263
33
of that section, section 2903.06, 2903.07, or 2903.08 of the 1,264
Revised Code or a municipal ordinance that is substantially 1,265
similar to section 2903.07 of the Revised Code in a case in which 1,266
the jury or judge found that the offender was under the influence 1,267
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,268
statute of the United States or of any other state or a municipal 1,270
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 1,271
4511.19 of the Revised Code, the offender is guilty of a 1,272
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 1,274
provided by law, the offender's driver's or commercial driver's 1,275
license or permit or nonresident operating privilege shall be 1,276
suspended in accordance with, and for the period of time 1,277
specified in, division (E) of section 4507.16 of the Revised 1,278
Code. 1,279
(O) Whoever violates section 4511.62 of the Revised Code 1,282
is guilty of a misdemeanor of the fourth degree.
Section 2. That existing sections 4503.233, 4507.164, 1,284
4511.193, and 4511.99 of the Revised Code are hereby repealed. 1,285
Section 3. Section 4503.233 of the Revised Code is 1,287
presented in this act as a composite of the section as amended by 1,288
both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 121st General 1,290
Assembly, with the new language of neither of the acts shown in 1,292
capital letters. This is in recognition of the principle stated 1,293
in division (B) of section 1.52 of the Revised Code that such 1,294
amendments are to be harmonized where not substantively 1,295
irreconcilable and constitutes a legislative finding that such is 1,296
the resulting version in effect prior to the effective date of 1,297
this act.