As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. H.B. No. 86 5
1999-2000 6
REPRESENTATIVES BATEMAN-MOTTLEY-ALLEN-BOYD-BRADING- 8
CAREY-CORBIN-MAIER-PATTON-TAYLOR-THOMAS-VESPER- 9
WINKLER-ROBERTS-KRUPINSKI-HAINES-MEAD-BENDER- 10
PATTON-PERZ-OLMAN-PERRY-GRENDELL-HARTNETT-WILSON- 11
HARRIS-METZGER-CALVERT-PRINGLE-FERDERBER-FLANNERY- 12
OPFER-GOODMAN-CLANCY-O'BRIEN-STAPLETON-VERICH-FORD- 13
HOOPS-JOLIVETTE-ROMAN-SALERNO-GARDNER-MYERS-COUGHLIN- 14
TIBERI-THOMAS-AUSTRIA-JACOBSON 15
_________________________________________________________________ 16
A B I L L
To amend section 4511.99 and to enact section 18
4511.213 of the Revised Code to require the 19
driver of a motor vehicle, upon approaching a 21
stationary public safety vehicle that is
displaying its red or blue emergency light, to 22
proceed with due caution and, if possible and 23
with due regard to the road, weather, and traffic 24
conditions, change lanes into a lane that is not
adjacent to that of the stationary public safety 25
vehicle or, if it is not possible to change lanes 26
or if to do so would be unsafe, proceed with due 27
caution, reduce the speed of the motor vehicle,
and maintain a safe speed for the road, weather, 28
and traffic conditions. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That section 4511.99 be amended and section 33
4511.213 of the Revised Code be enacted to read as follows: 35
Sec. 4511.213. (A) THE DRIVER OF A MOTOR VEHICLE, UPON 37
APPROACHING A STATIONARY PUBLIC SAFETY VEHICLE THAT IS DISPLAYING 39
2
A FLASHING RED LIGHT, FLASHING COMBINATION RED AND WHITE LIGHT, 40
OSCILLATING OR ROTATING RED LIGHT, OSCILLATING OR ROTATING 41
COMBINATION RED AND WHITE LIGHT, FLASHING BLUE LIGHT, FLASHING 42
COMBINATION BLUE AND WHITE LIGHT, OSCILLATING OR ROTATING BLUE 43
LIGHT, OR OSCILLATING OR ROTATING COMBINATION BLUE AND WHITE 44
LIGHT, SHALL DO EITHER OF THE FOLLOWING: 45
(1) IF THE DRIVER OF THE MOTOR VEHICLE IS TRAVELING ON A 47
HIGHWAY THAT CONSISTS OF AT LEAST TWO LANES THAT CARRY TRAFFIC IN 48
THE SAME DIRECTION OF TRAVEL AS THAT OF THE DRIVER'S MOTOR 49
VEHICLE, THE DRIVER SHALL PROCEED WITH DUE CAUTION AND, IF 50
POSSIBLE AND WITH DUE REGARD TO THE ROAD, WEATHER, AND TRAFFIC 51
CONDITIONS, SHALL CHANGE LANES INTO A LANE THAT IS NOT ADJACENT 52
TO THAT OF THE STATIONARY PUBLIC SAFETY VEHICLE. 53
(2) IF THE DRIVER IS NOT TRAVELING ON A HIGHWAY OF A TYPE 55
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION, OR IF THE DRIVER IS 56
TRAVELING ON A HIGHWAY OF THAT TYPE BUT IT IS NOT POSSIBLE TO 57
CHANGE LANES OR IF TO DO SO WOULD BE UNSAFE, THE DRIVER SHALL 59
PROCEED WITH DUE CAUTION, REDUCE THE SPEED OF THE MOTOR VEHICLE, 60
AND MAINTAIN A SAFE SPEED FOR THE ROAD, WEATHER, AND TRAFFIC 61
CONDITIONS. 62
(B) THIS SECTION DOES NOT RELIEVE THE DRIVER OF A PUBLIC 64
SAFETY VEHICLE FROM THE DUTY TO DRIVE WITH DUE REGARD FOR THE 65
SAFETY OF ALL PERSONS AND PROPERTY UPON THE HIGHWAY. 66
(C) NO PERSON SHALL FAIL TO DRIVE A MOTOR VEHICLE IN 68
COMPLIANCE WITH DIVISION (A)(1) OR (2) OF THIS SECTION WHEN SO 69
REQUIRED BY DIVISION (A) OF THIS SECTION. 70
(D) AS USED IN THIS SECTION, "PUBLIC SAFETY VEHICLE" HAS 72
THE SAME MEANING AS IN SECTION 4511.01 OF THE REVISED CODE. 73
Sec. 4511.99. (A) Whoever violates division (A) of 82
section 4511.19 of the Revised Code, in addition to the license 83
suspension or revocation provided in section 4507.16 of the 84
Revised Code and any disqualification imposed under section 85
4506.16 of the Revised Code, shall be punished as provided in 86
division (A)(1), (2), (3), or (4) of this section. 87
3
(1) Except as otherwise provided in division (A)(2), (3), 89
or (4) of this section, the offender is guilty of a misdemeanor 90
of the first degree and the court shall sentence the offender to 91
a term of imprisonment of three consecutive days and may sentence 92
the offender pursuant to section 2929.21 of the Revised Code to a 93
longer term of imprisonment. In addition, the court shall impose 94
upon the offender a fine of not less than two hundred and not 95
more than one thousand dollars. 96
The court may suspend the execution of the mandatory three 98
consecutive days of imprisonment that it is required to impose by 99
this division, if the court, in lieu of the suspended term of 100
imprisonment, places the offender on probation and requires the 101
offender to attend, for three consecutive days, a drivers' 102
intervention program that is certified pursuant to section 103
3793.10 of the Revised Code. The court also may suspend the 104
execution of any part of the mandatory three consecutive days of 105
imprisonment that it is required to impose by this division, if 106
the court places the offender on probation for part of the three 107
consecutive days; requires the offender to attend, for that part 108
of the three consecutive days, a drivers' intervention program 109
that is certified pursuant to section 3793.10 of the Revised 110
Code; and sentences the offender to a term of imprisonment equal 111
to the remainder of the three consecutive days that the offender 112
does not spend attending the drivers' intervention program. The 113
court may require the offender, as a condition of probation, to 114
attend and satisfactorily complete any treatment or education 115
programs that comply with the minimum standards adopted pursuant 116
to Chapter 3793. of the Revised Code by the director of alcohol 117
and drug addiction services, in addition to the required 118
attendance at a drivers' intervention program, that the operators 119
of the drivers' intervention program determine that the offender 120
should attend and to report periodically to the court on the 121
offender's progress in the programs. The court also may impose 122
any other conditions of probation on the offender that it 123
4
considers necessary. 124
Of the fine imposed pursuant to this division, twenty-five 126
dollars shall be paid to an enforcement and education fund 127
established by the legislative authority of the law enforcement 128
agency in this state that primarily was responsible for the 129
arrest of the offender, as determined by the court that imposes 130
the fine. This share shall be used by the agency to pay only 131
those costs it incurs in enforcing section 4511.19 of the Revised 132
Code or a substantially similar municipal ordinance and in 133
informing the public of the laws governing the operation of a 134
motor vehicle while under the influence of alcohol, the dangers 135
of operating a motor vehicle while under the influence of 136
alcohol, and other information relating to the operation of a 137
motor vehicle and the consumption of alcoholic beverages. 138
Twenty-five dollars of the fine imposed pursuant to this division 139
shall be deposited into the county indigent drivers alcohol 140
treatment fund or municipal indigent drivers alcohol treatment 141
fund under the control of that court, as created by the county or 142
municipal corporation pursuant to division (N) of section 143
4511.191 of the Revised Code. The balance of the fine shall be 144
disbursed as otherwise provided by law. 145
(2)(a) Except as otherwise provided in division (A)(4) of 148
this section, if, within six years of the offense, the offender 149
has been convicted of or pleaded guilty to one violation of 150
division (A) or (B) of section 4511.19 of the Revised Code, a 151
municipal ordinance relating to operating a vehicle while under 152
the influence of alcohol, a drug of abuse, or alcohol and a drug 153
of abuse, a municipal ordinance relating to operating a vehicle 154
with a prohibited concentration of alcohol in the blood, breath, 155
or urine, section 2903.04 of the Revised Code in a case in which 156
the offender was subject to the sanctions described in division 157
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 159
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 160
5
the jury or judge found that the offender was under the influence 161
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 162
statute of the United States or of any other state or a municipal 164
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 165
4511.19 of the Revised Code, the offender is guilty of a 166
misdemeanor of the first degree and, except as provided in this 167
division, the court shall sentence the offender to a term of 168
imprisonment of ten consecutive days and may sentence the 169
offender pursuant to section 2929.21 of the Revised Code to a 170
longer term of imprisonment. As an alternative to the term of 171
imprisonment required to be imposed by this division, but subject 172
to division (A)(8) of this section, the court may impose upon the 173
offender a sentence consisting of both a term of imprisonment of 174
five consecutive days and not less than eighteen consecutive days 175
of electronically monitored house arrest as defined in division 176
(A) of section 2929.23 of the Revised Code. The five consecutive 177
days of imprisonment and the period of electronically monitored 178
house arrest shall not exceed six months. The five consecutive 179
days of imprisonment do not have to be served prior to or 180
consecutively with the period of electronically monitored house 181
arrest.
In addition, the court shall impose upon the offender a 183
fine of not less than three hundred and not more than one 184
thousand five hundred dollars. 185
In addition to any other sentence that it imposes upon the 187
offender, the court may require the offender to attend a drivers' 188
intervention program that is certified pursuant to section 189
3793.10 of the Revised Code. If the officials of the drivers' 190
intervention program determine that the offender is alcohol 191
dependent, they shall notify the court, and the court shall order 192
the offender to obtain treatment through an alcohol and drug 193
addiction program authorized by section 3793.02 of the Revised 194
Code. The cost of the treatment shall be paid by the offender. 195
6
Of the fine imposed pursuant to this division, thirty-five 197
dollars shall be paid to an enforcement and education fund 198
established by the legislative authority of the law enforcement 199
agency in this state that primarily was responsible for the 200
arrest of the offender, as determined by the court that imposes 201
the fine. This share shall be used by the agency to pay only 202
those costs it incurs in enforcing division (A) of section 203
4511.19 of the Revised Code or a substantially similar municipal 204
ordinance and in informing the public of the laws governing the 205
operation of a motor vehicle while under the influence of 206
alcohol, the dangers of operating a motor vehicle while under the 207
influence of alcohol, and other information relating to the 208
operation of a motor vehicle and the consumption of alcoholic 209
beverages. Sixty-five dollars of the fine imposed pursuant to 210
this division shall be paid to the political subdivision 211
responsible for housing the offender during the offender's term 213
of incarceration. This share shall be used by the political 214
subdivision to pay or reimburse incarceration costs it incurs in 215
housing persons who violate section 4511.19 of the Revised Code 216
or a substantially similar municipal ordinance and to pay for 217
ignition interlock devices and electronic house arrest equipment 218
for persons who violate that section, and shall be paid to the 219
credit of the fund that pays the cost of the incarceration. 220
Fifty dollars of the fine imposed pursuant to this division shall 221
be deposited into the county indigent drivers alcohol treatment 222
fund or municipal indigent drivers alcohol treatment fund under 223
the control of that court, as created by the county or municipal 224
corporation pursuant to division (N) of section 4511.191 of the 225
Revised Code. The balance of the fine shall be disbursed as 226
otherwise provided by law. 227
(b) Regardless of whether the vehicle the offender was 229
operating at the time of the offense is registered in the 230
offender's name or in the name of another person, the court, in 232
addition to the penalties imposed under division (A)(2)(a) of 233
7
this section and all other penalties provided by law and subject 234
to section 4503.235 of the Revised Code, shall order the 235
immobilization for ninety days of the vehicle the offender was 236
operating at the time of the offense and the impoundment for 237
ninety days of the identification license plates of that vehicle. 238
The order for the immobilization and impoundment shall be issued 239
and enforced in accordance with section 4503.233 of the Revised 240
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 243
this section, if, within six years of the offense, the offender 244
has been convicted of or pleaded guilty to two violations of 245
division (A) or (B) of section 4511.19 of the Revised Code, a 246
municipal ordinance relating to operating a vehicle while under 247
the influence of alcohol, a drug of abuse, or alcohol and a drug 248
of abuse, a municipal ordinance relating to operating a vehicle 249
with a prohibited concentration of alcohol in the blood, breath, 250
or urine, section 2903.04 of the Revised Code in a case in which 251
the offender was subject to the sanctions described in division 252
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 254
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 255
the jury or judge found that the offender was under the influence 256
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 258
statute of the United States or of any other state or a municipal 259
ordinance of a municipal corporation located in any other state 260
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 261
the court shall sentence the offender to a term of imprisonment 262
of thirty consecutive days and may sentence the offender to a 263
longer definite term of imprisonment of not more than one year. 264
As an alternative to the term of imprisonment required to be 265
imposed by this division, but subject to division (A)(8) of this 266
section, the court may impose upon the offender a sentence 267
consisting of both a term of imprisonment of fifteen consecutive 268
8
days and not less than fifty-five consecutive days of 269
electronically monitored house arrest as defined in division (A) 270
of section 2929.23 of the Revised Code. The fifteen consecutive 271
days of imprisonment and the period of electronically monitored 272
house arrest shall not exceed one year. The fifteen consecutive 273
days of imprisonment do not have to be served prior to or 274
consecutively with the period of electronically monitored house 275
arrest.
In addition, the court shall impose upon the offender a 277
fine of not less than five hundred and not more than two thousand 278
five hundred dollars. 279
In addition to any other sentence that it imposes upon the 281
offender, the court shall require the offender to attend an 282
alcohol and drug addiction program authorized by section 3793.02 283
of the Revised Code. The cost of the treatment shall be paid by 284
the offender. If the court determines that the offender is 285
unable to pay the cost of attendance at the treatment program, 287
the court may order that payment of the cost of the offender's 288
attendance at the treatment program be made from that court's 289
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 291
twenty-three dollars shall be paid to an enforcement and 292
education fund established by the legislative authority of the 293
law enforcement agency in this state that primarily was 294
responsible for the arrest of the offender, as determined by the 295
court that imposes the fine. This share shall be used by the 296
agency to pay only those costs it incurs in enforcing section 297
4511.19 of the Revised Code or a substantially similar municipal 298
ordinance and in informing the public of the laws governing the 299
operation of a motor vehicle while under the influence of 300
alcohol, the dangers of operating a motor vehicle while under the 301
influence of alcohol, and other information relating to the 302
operation of a motor vehicle and the consumption of alcoholic 303
beverages. Two hundred twenty-seven dollars of the fine imposed 304
9
pursuant to this division shall be paid to the political 305
subdivision responsible for housing the offender during the 306
offender's term of incarceration. This share shall be used by 308
the political subdivision to pay or reimburse incarceration costs 309
it incurs in housing persons who violate division (A) of section 310
4511.19 of the Revised Code or a substantially similar municipal 311
ordinance and to pay for ignition interlock devices and 312
electronic house arrest equipment for persons who violate that 313
section and shall be paid to the credit of the fund that pays the 314
cost of incarceration. The balance of the fine shall be 315
disbursed as otherwise provided by law. 316
(b) Regardless of whether the vehicle the offender was 318
operating at the time of the offense is registered in the 319
offender's name or in the name of another person, the court, in 321
addition to the penalties imposed under division (A)(3)(a) of 322
this section and all other penalties provided by law and subject 323
to section 4503.235 of the Revised Code, shall order the 324
immobilization for one hundred eighty days of the vehicle the 325
offender was operating at the time of the offense and the 326
impoundment for one hundred eighty days of the identification 327
license plates of that vehicle. The order for the immobilization 328
and impoundment shall be issued and enforced in accordance with 329
section 4503.233 of the Revised Code. 330
(4)(a) If, within six years of the offense, the offender 332
has been convicted of or pleaded guilty to three or more 333
violations of division (A) or (B) of section 4511.19 of the 334
Revised Code, a municipal ordinance relating to operating a 335
vehicle while under the influence of alcohol, a drug of abuse, or 336
alcohol and a drug of abuse, a municipal ordinance relating to 337
operating a vehicle with a prohibited concentration of alcohol in 338
the blood, breath, or urine, section 2903.04 of the Revised Code 339
in a case in which the offender was subject to the sanctions 340
described in division (D) of that section, section 2903.06, 341
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 342
10
that is substantially similar to section 2903.07 of the Revised 343
Code in a case in which the jury or judge found that the offender 344
was under the influence of alcohol, a drug of abuse, or alcohol 345
and a drug of abuse, or a statute of the United States or of any 347
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 348
division (A) or (B) of section 4511.19 of the Revised Code, or if 349
the offender previously has been convicted of or pleaded guilty 350
to a violation of division (A) of section 4511.19 of the Revised 351
Code under circumstances in which the violation was a felony and 352
regardless of when the violation and the conviction or guilty 353
plea occurred, the offender is guilty of a felony of the fourth 354
degree. The court shall sentence the offender in accordance with 355
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 356
of sixty consecutive days of imprisonment in accordance with 357
division (G)(1) of section 2929.13 of the Revised Code or a 358
mandatory prison term of sixty consecutive days of imprisonment 359
in accordance with division (G)(2) of that section, whichever is 360
applicable. If the offender is required to serve a mandatory 361
term of local incarceration of sixty consecutive days of 362
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 363
2929.17 of the Revised Code, may impose upon the offender a 365
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 366
arrest shall not commence until after the offender has served the 367
mandatory term of local incarceration. 368
In addition to all other sanctions imposed, the court shall 370
impose upon the offender, pursuant to section 2929.18 of the 371
Revised Code, a fine of not less than seven hundred fifty nor 372
more than ten thousand dollars. 373
In addition to any other sanction that it imposes upon the 376
offender, the court shall require the offender to attend an 378
11
alcohol and drug addiction program authorized by section 3793.02 379
of the Revised Code. The cost of the treatment shall be paid by 380
the offender. If the court determines that the offender is 381
unable to pay the cost of attendance at the treatment program, 382
the court may order that payment of the cost of the offender's 383
attendance at the treatment program be made from the court's 384
indigent drivers alcohol treatment fund. 385
Of the fine imposed pursuant to this division, two hundred 387
ten dollars shall be paid to an enforcement and education fund 388
established by the legislative authority of the law enforcement 389
agency in this state that primarily was responsible for the 390
arrest of the offender, as determined by the court that imposes 391
the fine. This share shall be used by the agency to pay only 392
those costs it incurs in enforcing section 4511.19 of the Revised 393
Code or a substantially similar municipal ordinance and in 394
informing the public of the laws governing operation of a motor 395
vehicle while under the influence of alcohol, the dangers of 396
operation of a motor vehicle while under the influence of 397
alcohol, and other information relating to the operation of a 398
motor vehicle and the consumption of alcoholic beverages. Three 399
hundred ninety dollars of the fine imposed pursuant to this 400
division shall be paid to the political subdivision responsible 401
for housing the offender during the offender's term of 402
incarceration. This share shall be used by the political 404
subdivision to pay or reimburse incarceration costs it incurs in 405
housing persons who violate division (A) of section 4511.19 of 406
the Revised Code or a substantially similar municipal ordinance 407
and to pay for ignition interlock devices and electronic house 408
arrest equipment for persons who violate that section, and shall 409
be paid to the credit of the fund that pays the cost of 410
incarceration. The balance of the fine shall be disbursed as 411
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 413
operating at the time of the offense is registered in the 414
12
offender's name or in the name of another person, the court, in 416
addition to the sanctions imposed under division (A)(4)(a) of 417
this section and all other sanctions provided by law and subject 419
to section 4503.235 of the Revised Code, shall order the criminal 421
forfeiture to the state of the vehicle the offender was operating 422
at the time of the offense. The order of criminal forfeiture 423
shall be issued and enforced in accordance with section 4503.234 424
of the Revised Code. 425
(c) As used in division (A)(4)(a) of this section, 428
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 430
the Revised Code.
If title to a motor vehicle that is subject to an order for 432
criminal forfeiture under this section is assigned or transferred 433
and division (C)(2) or (3) of section 4503.234 of the Revised 434
Code applies, in addition to or independent of any other penalty 435
established by law, the court may fine the offender the value of 436
the vehicle as determined by publications of the national auto 437
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 438
(D)(4) of section 4503.234 of the Revised Code. 439
(5)(a) Except as provided in division (A)(5)(b) of this 441
section, upon a showing that imprisonment would seriously affect 442
the ability of an offender sentenced pursuant to division (A)(1), 443
(2), (3), or (4) of this section to continue the offender's 444
employment, the court may authorize that the offender be granted 446
work release from imprisonment after the offender has served the 447
three, ten, or thirty consecutive days of imprisonment or the 448
mandatory term of local incarceration of sixty consecutive days 449
that the court is required by division (A)(1), (2), (3), or (4) 451
of this section to impose. No court shall authorize work release 452
from imprisonment during the three, ten, or thirty consecutive 453
days of imprisonment or the mandatory term of local incarceration 454
or mandatory prison term of sixty consecutive days that the court 456
13
is required by division (A)(1), (2), (3), or (4) of this section 457
to impose. The duration of the work release shall not exceed the 458
time necessary each day for the offender to commute to and from 459
the place of employment and the place of imprisonment and the 460
time actually spent under employment. 461
(b) An offender who is sentenced pursuant to division 463
(A)(2) or (3) of this section to a term of imprisonment followed 464
by a period of electronically monitored house arrest is not 465
eligible for work release from imprisonment, but that person 466
shall be permitted work release during the period of 467
electronically monitored house arrest. The duration of the work 468
release shall not exceed the time necessary each day for the 469
offender to commute to and from the place of employment and the 470
offender's home or other place specified by the sentencing court 471
and the time actually spent under employment. 472
(6) Notwithstanding any section of the Revised Code that 474
authorizes the suspension of the imposition or execution of a 475
sentence, the placement of an offender in any treatment program 477
in lieu of imprisonment, or the use of a community control 478
sanction for an offender convicted of a felony, no court shall 479
suspend the ten or thirty consecutive days of imprisonment 480
required to be imposed on an offender by division (A)(2) or (3) 481
of this section, no court shall place an offender who is 482
sentenced pursuant to division (A)(2), (3), or (4) of this 483
section in any treatment program in lieu of imprisonment until 484
after the offender has served the ten or thirty consecutive days 485
of imprisonment or the mandatory term of local incarceration or 486
mandatory prison term of sixty consecutive days required to be 487
imposed pursuant to division (A)(2), (3), or (4) of this section, 488
no court that sentences an offender under division (A)(4) of this 489
section shall impose any sanction other than a mandatory term of 490
local incarceration or mandatory prison term to apply to the 491
offender until after the offender has served the mandatory term 492
of local incarceration or mandatory prison term of sixty 494
14
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 496
imprisonment and a period of electronically monitored house 497
arrest upon an offender under division (A)(2) or (3) of this 498
section shall suspend any portion of the sentence or place the 499
offender in any treatment program in lieu of imprisonment or 500
electronically monitored house arrest. Notwithstanding any 501
section of the Revised Code that authorizes the suspension of the 502
imposition or execution of a sentence or the placement of an 503
offender in any treatment program in lieu of imprisonment, no 504
court, except as specifically authorized by division (A)(1) of 505
this section, shall suspend the three consecutive days of 506
imprisonment required to be imposed by division (A)(1) of this 507
section or place an offender who is sentenced pursuant to 508
division (A)(1) of this section in any treatment program in lieu 509
of imprisonment until after the offender has served the three 510
consecutive days of imprisonment required to be imposed pursuant 511
to division (A)(1) of this section. 512
(7) No court shall sentence an offender to an alcohol 514
treatment program pursuant to division (A)(1), (2), (3), or (4) 515
of this section unless the treatment program complies with the 516
minimum standards adopted pursuant to Chapter 3793. of the 517
Revised Code by the director of alcohol and drug addiction 518
services. 519
(8) No court shall impose the alternative sentence of a 521
term of imprisonment of five consecutive days plus not less than 522
eighteen consecutive days of electronically monitored house 523
arrest permitted to be imposed by division (A)(2) of this 524
section, or the alternative sentence of a term of imprisonment of 525
fifteen consecutive days plus not less than fifty-five 526
consecutive days of electronically monitored house arrest 527
permitted to be imposed pursuant to division (A)(3) of this 528
section, unless within sixty days of the date of sentencing, the 529
court issues a written finding, entered into the record, that due 530
15
to the unavailability of space at the incarceration facility 531
where the offender is required to serve the term of imprisonment 532
imposed upon the offender, the offender will not be able to 533
commence serving the term of imprisonment within the sixty-day 535
period following the date of sentencing. If the court issues 536
such a finding, the court may impose the alternative sentence 537
comprised of a term of imprisonment and a term of electronically 538
monitored house arrest permitted to be imposed by division (A)(2) 539
or (3) of this section. 540
(B) Whoever violates section 4511.192, 4511.251, or 542
4511.85 of the Revised Code is guilty of a misdemeanor of the 543
first degree. The court, in addition to or independent of all 544
other penalties provided by law, may suspend for a period not to 545
exceed one year the driver's or commercial driver's license or 546
permit or nonresident operating privilege of any person who 547
pleads guilty to or is convicted of a violation of section 548
4511.192 of the Revised Code. 549
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 551
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 552
guilty of one of the following: 553
(1) Except as otherwise provided in division (C)(2) of 555
this section, a minor misdemeanor. 556
(2) If the offender previously has been convicted of or 559
pleaded guilty to one or more violations of section 4511.63, 560
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 561
Revised Code or a municipal ordinance that is substantially 562
similar to any of those sections, a misdemeanor of the fourth 565
degree.
(D)(1) Whoever violates any provision of sections 4511.01 567
to 4511.76 or section 4511.84 of the Revised Code, for which no 568
penalty otherwise is provided in this section is guilty of one of 569
the following: 570
(a) Except as otherwise provided in division (D)(1)(b), 573
(1)(c), (2), or (3) of this section, a minor misdemeanor; 574
16
(b) If, within one year of the offense, the offender 576
previously has been convicted of or pleaded guilty to one 578
violation of any provision of sections 4511.01 to 4511.76 or 580
section 4511.84 of the Revised Code for which no penalty 581
otherwise is provided in this section or a municipal ordinance 583
that is substantially similar to any provision of sections 584
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 585
which no penalty otherwise is provided in this section, a 586
misdemeanor of the fourth degree; 588
(c) If, within one year of the offense, the offender 590
previously has been convicted of or pleaded guilty to two or more 591
violations of any provision described in division (D)(1)(b) of 593
this section or any municipal ordinance that is substantially 594
similar to any of those provisions, a misdemeanor of the third 595
degree. 596
(2) When any person is found guilty of a first offense for 598
a violation of section 4511.21 of the Revised Code upon a finding 599
that the person operated a motor vehicle faster than thirty-five 601
miles an hour in a business district of a municipal corporation, 602
or faster than fifty miles an hour in other portions, or faster 603
than thirty-five miles an hour while passing through a school 604
zone during recess or while children are going to or leaving 605
school during the opening or closing hours, the person is guilty 606
of a misdemeanor of the fourth degree. 607
(3) Notwithstanding section 2929.21 of the Revised Code, 609
upon a finding that such person operated a motor vehicle in a 610
construction zone where a sign was then posted in accordance with 611
section 4511.98 of the Revised Code, the court, in addition to 612
all other penalties provided by law, shall impose a fine of two 613
times the usual amount imposed for the violation. No court shall 614
impose a fine of two times the usual amount imposed for the 615
violation upon an offender who alleges, in an affidavit filed 616
with the court prior to the offender's sentencing, that the 617
offender is indigent and is unable to pay the fine imposed 618
17
pursuant to this division, provided the court determines the 619
offender is an indigent person and is unable to pay the fine. 620
(E) Whenever a person is found guilty in a court of record 622
of a violation of section 4511.761, 4511.762, or 4511.77 of the 623
Revised Code, the trial judge, in addition to or independent of 624
all other penalties provided by law, may suspend for any period 625
of time not exceeding three years, or revoke the license of any 626
person, partnership, association, or corporation, issued under 627
section 4511.763 of the Revised Code. 628
(F) Whoever violates division (E) or (F) of section 630
4511.51, division (A), (D), or (E) of section 4511.521, section 631
4511.681, division (A), (C), or (F) of section 4511.69, section 632
4511.772, or division (A) or (B) of section 4511.82 of the 633
Revised Code is guilty of a minor misdemeanor. 634
(G) Whoever violates division (A) of section 4511.75 of 636
the Revised Code may be fined an amount not to exceed five 637
hundred dollars. A person who is issued a citation for a 638
violation of division (A) of section 4511.75 of the Revised Code 639
is not permitted to enter a written plea of guilty and waive the 640
person's right to contest the citation in a trial, but instead 641
must appear in person in the proper court to answer the charge. 642
(H)(1) Whoever is a resident of this state and violates 644
division (A) or (B) of section 4511.81 of the Revised Code shall 645
be punished as follows: 646
(a) Except as otherwise provided in division (H)(1)(b) of 648
this section, the offender is guilty of a minor misdemeanor. 650
(b) If the offender previously has been convicted of or 652
pleaded guilty to a violation of division (A) or (B) of section 653
4511.81 of the Revised Code or of a municipal ordinance that is 655
substantially similar to either of those divisions, the offender 656
is guilty of a misdemeanor of the fourth degree. 657
(2) Whoever is not a resident of this state, violates 659
division (A) or (B) of section 4511.81 of the Revised Code, and 660
fails to prove by a preponderance of the evidence that the 661
18
offender's use or nonuse of a child restraint system was in 662
accordance with the law of the state of which the offender is a 664
resident is guilty of a minor misdemeanor on a first offense; on 666
a second or subsequent offense, that person is guilty of a 667
misdemeanor of the fourth degree. 668
(3) Sixty-five per cent of every fine imposed pursuant to 670
division (H)(1) or (2) of this section shall be forwarded to the 671
treasurer of state for deposit in the "child highway safety fund" 672
created by division (G) of section 4511.81 of the Revised Code. 673
The balance of the fine shall be disbursed as otherwise provided 674
by law. 675
(I) Whoever violates section 4511.202 of the Revised Code 677
is guilty of operating a motor vehicle without being in control 678
of it, a minor misdemeanor. 679
(J) Whoever violates division (B) of section 4511.74, 681
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 682
section 4511.83 of the Revised Code is guilty of a misdemeanor of 683
the first degree. 684
(K) Except as otherwise provided in this division, whoever 686
violates division (E) of section 4511.11, division (A) or (C) of 687
section 4511.17, or section 4511.18 of the Revised Code is guilty 688
of a misdemeanor of the third degree. If a violation of division 689
(A) or (C) of section 4511.17 of the Revised Code creates a risk 690
of physical harm to any person, the offender is guilty of a 691
misdemeanor of the first degree. A violation of division (A) or 692
(C) of section 4511.17 of the Revised Code that causes serious 693
physical harm to property that is owned, leased, or controlled by 694
a state or local authority is a felony of the fifth degree. 696
(L) Whoever violates division (H) of section 4511.69 of 698
the Revised Code shall be punished as follows: 699
(1) Except as otherwise provided in division (L)(2) of 702
this section, the offender shall be issued a warning. 703
(2) If the offender previously has been convicted of or 705
pleaded guilty to a violation of division (H) of section 4511.69 706
19
of the Revised Code or of a municipal ordinance that is 707
substantially similar to that division, the offender shall not be 708
issued a warning but shall be fined twenty-five dollars for each 709
parking location that is not properly marked or whose markings 711
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 713
4511.45 of the Revised Code is guilty of a misdemeanor of the 714
fourth degree on a first offense; on a second offense within one 715
year after the first offense, the person is guilty of a 716
misdemeanor of the third degree; and on each subsequent offense 717
within one year after the first offense, the person is guilty of 718
a misdemeanor of the second degree. 719
(N)(1) Whoever violates division (B) of section 4511.19 of 722
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 723
(a) Except as otherwise provided in division (N)(1)(b) of 726
this section, the offender is guilty of a misdemeanor of the 728
fourth degree.
(b) If, within one year of the offense, the offender has 730
been convicted of or pleaded guilty to any violation of division 731
(A) or (B) of section 4511.19 of the Revised Code, a municipal 732
ordinance relating to operating a vehicle while under the 733
influence of alcohol, a drug of abuse, or alcohol and a drug of 734
abuse, a municipal ordinance relating to operating a vehicle with 735
a prohibited concentration of alcohol in the blood, breath, or 736
urine, section 2903.04 of the Revised Code in a case in which the 737
offender was subject to the sanctions described in division (D) 738
of that section, section 2903.06, 2903.07, or 2903.08 of the 739
Revised Code or a municipal ordinance that is substantially 740
similar to section 2903.07 of the Revised Code in a case in which 741
the jury or judge found that the offender was under the influence 742
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 743
statute of the United States or of any other state or a municipal 745
ordinance of a municipal corporation located in any other state
20
that is substantially similar to division (A) or (B) of section 746
4511.19 of the Revised Code, the offender is guilty of a 747
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 749
provided by law, the offender's driver's or commercial driver's 750
license or permit or nonresident operating privilege shall be 751
suspended in accordance with, and for the period of time 752
specified in, division (E) of section 4507.16 of the Revised 753
Code. 754
(O) Whoever violates section 4511.62 of the Revised Code 757
is guilty of a misdemeanor of the fourth degree.
(P) NOTWITHSTANDING SECTION 2929.21 OF THE REVISED CODE, 759
UPON A FINDING THAT A PERSON OPERATED A MOTOR VEHICLE IN 760
VIOLATION OF DIVISION (C) OF SECTION 4511.213 OF THE REVISED 761
CODE, THE COURT, IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY 762
LAW, SHALL IMPOSE A FINE OF TWO TIMES THE AMOUNT USUALLY IMPOSED
FOR A MOTOR VEHICLE MOVING VIOLATION THAT IS THE SAME DEGREE OF 763
MISDEMEANOR OFFENSE AS THE INSTANT VIOLATION OF DIVISION (C) OF 764
SECTION 4511.213 OF THE REVISED CODE.
Section 2. That existing section 4511.99 of the Revised 766
Code is hereby repealed. 767