As Reported by House Criminal Justice Committee 1
CORRECTED VERSION 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 107 6
1999-2000 7
SENATORS LATTA-OELSLAGER-FINGERHUT-BLESSING-DRAKE- 10
REPRESENTATIVES JERSE-DePIERO-WILLAMOWSKI-WOMER BENJAMIN-
MYERS-JONES 11
_________________________________________________________________ 12
A B I L L
To amend sections 181.21, 181.22, 181.23, 181.24, 14
181.25, 1547.99, 1721.19, 2743.51, 2901.01, 15
2901.04, 2903.04, 2903.06, 2903.08, 2903.09,
2919.22, 2923.02, 2925.02, 2925.03, 2925.04, 16
2925.05, 2925.11, 2925.13, 2925.23, 2925.36, 17
2927.24, 2929.01, 2929.12, 2929.13, 2929.14, 19
2929.15, 2929.17, 2929.18, 2929.19, 2929.20,
2929.223, 2929.41, 2930.01, 2935.36, 2937.99, 22
2941.141, 2941.144, 2941.145, 2941.146,
2941.1410, 2949.08, 2951.02, 2953.08, 2967.121, 23
2967.13, 2967.131, 2967.141, 2967.16, 2967.26,
2967.28, 3719.121, 3719.70, 3719.99, 3767.12, 27
3773.99, 4503.19, 4503.233, 4507.021, 4507.16,
4507.162, 4507.164, 4507.169, 4511.191, 4511.193, 29
4511.195, 4511.99, 4715.30, 4729.99, 4730.25,
4731.22, 4953.11, 4973.23, 4973.25, 5120.031, and 31
5120.032, to enact new section 2951.041 and 32
sections 2923.162 and 4507.1613, and to repeal 33
sections 1741.01, 1741.02, 1741.03, 1741.04, 34
1741.05, 1741.06, 1741.07, 1741.08, 1741.09, 35
1741.10, 1741.11, 1741.12, 1741.13, 1741.14,
1741.99, 2903.07, 2929.181, 2951.041, 3773.05, 37
3773.07, 3773.21, and 3773.211 of the Revised
Code to clarify and modify certain provisions of 40
the Controlled Substance Law and Drug Abuse Law
2
that were affected by Am. Sub. S.B. 2 and Am. 41
Sub. S.B. 269 of the 121st General Assembly, to 42
modify the felony sentencing law as modified by 43
those acts, to revise the penalties for and the
elements of involuntary manslaughter, aggravated 44
vehicular homicide, vehicular homicide, and 45
vehicular assault, to clarify that section
2929.181 of the Revised Code was repealed by Am. 46
Sub. S.B. 269 of the 121st General Assembly, 47
effective July 1, 1996, to revise the law
enforcement powers that are granted to certain 48
persons who are not traditional law enforcement 49
officers, to eliminate, consolidate, or modify
certain archaic law enforcement-related 50
provisions and offenses, to repeal the law
dealing with bridge companies, to expand the 51
provisions pertaining to declaring habitual 52
resorts for thieves, burglars, or robbers to be a
nuisance, to increase the penalty in specified 53
circumstances for the offense of permitting drug 54
abuse, to declare premises or real estate used to
commit the offense of permitting drug abuse a 55
nuisance, and to rename the Criminal Sentencing
Council as the Criminal Sentencing Commission. 56
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 58
Section 1. That sections 181.21, 181.22, 181.23, 181.24, 60
181.25, 1547.99, 1721.19, 2743.51, 2901.01, 2901.04, 2903.04, 62
2903.06, 2903.08, 2903.09, 2919.22, 2923.02, 2925.02, 2925.03, 63
2925.04, 2925.05, 2925.11, 2925.13, 2925.23, 2925.36, 2927.24, 64
2929.01, 2929.12, 2929.13, 2929.14, 2929.15, 2929.17, 2929.18, 65
2929.19, 2929.20, 2929.223, 2929.41, 2930.01, 2935.36, 2937.99, 66
2941.141, 2941.144, 2941.145, 2941.146, 2941.1410, 2949.08, 69
3
2951.02, 2953.08, 2967.121, 2967.13, 2967.131, 2967.141, 2967.16,
2967.26, 2967.28, 3719.121, 3719.70, 3719.99, 3767.12, 3773.99, 73
4503.19, 4503.233, 4507.021, 4507.16, 4507.162, 4507.164, 74
4507.169, 4511.191, 4511.193, 4511.195, 4511.99, 4715.30, 75
4729.99, 4730.25, 4731.22, 4953.11, 4973.23, 4973.25, 5120.031, 77
and 5120.032 be amended and new section 2951.041 and sections 78
2923.162 and 4507.1613 of the Revised Code be enacted to read as 81
follows:
Sec. 181.21. (A) There is hereby created within the 90
supreme court the state criminal sentencing council COMMISSION, 91
consisting of thirty-one members. One member shall be the chief 92
justice of the supreme court, who shall be the chairperson of the 93
council COMMISSION. The following ten members of the council 94
COMMISSION, no more than six of whom shall be members of the same 95
political party, shall be appointed by the chief justice: one 96
judge of a court of appeals, three judges of courts of common 97
pleas who are not juvenile court judges, three judges of juvenile 99
courts, and three judges of municipal courts or county courts. 100
Four members shall be the superintendent of the state highway 101
patrol, the state public defender, the director of youth 102
services, and the director of rehabilitation and correction, or 104
their individual designees. The following twelve members, no 105
more than seven of whom shall be members of the same political 106
party, shall be appointed by the governor after consulting with 107
the appropriate state associations, if any, that are represented 108
by these members: one sheriff; two county prosecuting attorneys, 110
at least one of whom shall be experienced in the prosecution of 111
cases in juvenile court involving alleged delinquent children, 112
unruly children, and juvenile traffic offenders; two peace
officers of a municipal corporation or township, at least one of 114
whom shall be experienced in the investigation of cases involving 115
juveniles; one former victim of a violation of Title XXIX of the 116
Revised Code; one attorney whose practice of law primarily 117
involves the representation of criminal defendants; one member of 118
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the Ohio state bar association; one attorney whose practice of 119
law primarily involves the representation in juvenile court of
alleged delinquent children, unruly children, and juvenile 120
traffic offenders; one full-time city prosecuting attorney; one 121
county commissioner; and one mayor, city manager, or member of a 122
legislative authority of a municipal corporation. Two members 123
shall be members of the senate, one appointed by the president of 125
the senate and one appointed by the minority leader of the 126
senate. Two members shall be members of the house of
representatives, one appointed by the speaker of the house of 127
representatives and one appointed by the minority leader of the 128
house of representatives. 129
The chief justice shall become a member of the council 131
COMMISSION on August 22, 1990, and the chief justice's successors 132
in office shall become members of the council COMMISSION on the 134
day that they assume the office of chief justice. The term of 135
office of the chief justice as a member of the council COMMISSION 136
shall continue for as long as the chief justice that person holds 137
the office of chief justice. The term of office of the member 138
who is an attorney whose practice of law primarily involves the 139
representation of criminal defendants, the term of office of the 141
member who is an attorney whose practice of law primarily 142
involves the representation in juvenile court of alleged
delinquent children, unruly children, and juvenile traffic 143
offenders, and the term of office of the former victim of a 144
violation of Title XXIX of the Revised Code shall be four years. 146
The term of office of the superintendent of the state highway 147
patrol, the state public defender, the director of youth
services, and the director of rehabilitation and correction, or 149
their individual designees, as members of the council COMMISSION 150
shall continue for as long as they hold the office of 151
superintendent of the state highway patrol, state public 152
defender, director of youth services, or director of
rehabilitation and correction. The term of office of a municipal 154
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corporation or township peace officer as a member of the council 155
COMMISSION shall be the lesser of four years or until the peace 156
officer that person ceases to be a peace officer of a municipal 158
corporation or township. Unless the full-time city prosecuting 159
attorney is an elected official, the term of office of the 161
full-time city prosecuting attorney shall be the lesser of four 162
years or until the full-time city prosecuting attorney ceases to 163
be a full-time city prosecuting attorney. All of the members of 164
the council COMMISSION who are elected officials shall serve the 165
lesser of four years or until the expiration of their term of 166
office. Any vacancy on the council COMMISSION shall be filled in 167
the same manner as the original appointment. 168
When the chief justice and governor make their appointments 170
to the council COMMISSION, they shall consider adequate 171
representation by race and gender. 172
(B) The council COMMISSION shall select a vice-chairperson 174
and any other necessary officers and adopt rules to govern its 175
proceedings. The council COMMISSION shall meet as necessary at 176
the call of the chairperson or on the written request of eight or 178
more of its members. Sixteen members of the council COMMISSION 179
constitute a quorum, and the votes of a majority of the quorum 180
present shall be required to validate any action of the council 181
COMMISSION. All business of the council COMMISSION shall be 182
conducted in public meetings.
The members of the council COMMISSION shall serve without 184
compensation, but each member shall be reimbursed for the 185
member's actual and necessary expenses incurred in the 186
performance of the member's official duties on the commission. 187
In the absence of the chairperson, the vice-chairperson shall 188
perform the duties of the chairperson. 189
(C) The council COMMISSION shall establish an office and 191
shall appoint and fix the compensation of a project director and 192
any other employees necessary to assist the council COMMISSION in 193
the execution of its authority under sections 181.21 to 181.26 of 195
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the Revised Code. The project director shall have a thorough 196
understanding of the criminal laws of this state and experience 197
in committee-oriented research. The other employees may include 198
a research coordinator with experience and training in 199
policy-oriented research; professional staff employees with 200
backgrounds in criminal law, criminal justice, political science, 201
or related fields of expertise; administrative assistants; and 202
secretaries. The council COMMISSION also may appoint and fix the 203
compensation of part-time data collectors, clerical employees, 204
and other temporary employees as needed to enable the council 205
COMMISSION to execute its authority under sections 181.21 to 206
181.26 of the Revised Code. 207
(D) The sentencing commission shall establish a standing 209
juvenile committee. The committee shall consist of the following 210
commission members: the chief justice of the supreme court or 211
the chief justice's designee, the director of youth services, the 213
three juvenile court judges, one court of common pleas judge who
is not a juvenile court judge, one county prosecuting attorney 214
who is experienced in the prosecution of cases in juvenile court 215
involving alleged delinquent children, unruly children, and 216
juvenile traffic offenders, the attorney whose practice of law 217
primarily involves the representation in juvenile court of 218
alleged delinquent children, unruly children, and juvenile
traffic offenders, the former victim of a violation of Title XXIX 220
of the Revised Code, the county commissioner, one legislator from 221
each political party, the sheriff, and one municipal corporation 222
or township peace officer who is experienced in the investigation 223
of cases involving juveniles. The members of the commission may 224
serve on the committee by designation of the chief justice. The 225
chief justice shall designate a member to serve as chairperson of 226
the committee. The committee shall meet as necessary at the call 227
of the chairperson or on the written request of four or more of 228
the committee's members. A majority of the members of the
committee shall constitute a quorum, and the votes of a majority 229
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of the quorum present shall be required to validate any action of 230
the committee, including recommendations to the commission. The 231
committee and the commission shall comply with section 181.26 of 232
the Revised Code.
Sec. 181.22. There is hereby created the criminal 241
sentencing advisory committee that. THE COMMITTEE shall be 242
comprised of the chairperson of the parole board, the director of 244
the office of the correctional institution inspection committee,
a juvenile detention home operator, a provider of juvenile 245
probation services, a provider of juvenile parole or aftercare 246
services, a superintendent of a state institution operated by the 247
department of youth services, a community-based juvenile services 248
provider, a person who is a member of a youth advocacy 249
organization, a victim of a violation of Title XXIX of the 250
Revised Code that was committed by a juvenile offender, a 251
representative of community corrections programming appointed by 252
the governor, and any other members appointed by the chairperson 253
of the state criminal sentencing council COMMISSION upon the 254
advice of the council COMMISSION. The committee shall serve as 256
an advisory body to the state criminal sentencing council 257
COMMISSION and to the commission's standing juvenile committee. 258
The members of the committee shall serve without 260
compensation, but each member shall be reimbursed for the 261
member's actual and necessary expenses incurred in the 262
performance of the member's official duties. 263
Sec. 181.23. (A) The state criminal sentencing council 272
COMMISSION shall study the existing criminal statutes and law of 273
this state, sentencing patterns throughout the state, and 275
available correctional resources. The council COMMISSION shall 276
use the results of its study to develop and recommend to the 277
general assembly a comprehensive criminal sentencing structure. 278
As part of its study, the council COMMISSION shall do all of the 279
following:
(1) Evaluate the effectiveness of the sentencing structure 281
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of the state; 282
(2) Systematically review each criminal statute to 284
determine if the penalty provided is proportional to the 285
seriousness of the offense committed and to penalties provided 286
for other offenses; 287
(3) Review any existing sentencing guidelines; 289
(4) Determine the number, capacity, and quality of all 291
available state, regional, and local correctional facilities and 292
resources, including, but not limited to, detention facilities, 293
probation services, pretrial diversion programs, and other 294
nonfacility correctional programs; 295
(5) Collect a profile of the populations of state, 297
regional, and local correctional facilities, services, and 298
programs; 299
(6) Coordinate available correctional facilities, 301
services, and programs with the criminal sentencing goals of the 302
state, including, but not limited to, punishment, deterrence, 303
fairness, rehabilitation, and treatment; 304
(7) Identify any additional correctional resources that 306
are necessary to balance the needs of criminal sentencing and the 307
available correctional resources. 308
(B) The council COMMISSION shall develop a sentencing 310
policy for the state that is based upon the findings and 311
conclusions of its study under division (A) of this section. The 312
policy shall be designed to enhance public safety by achieving 313
certainty in sentencing, deterrence, and a reasonable use of 314
correctional facilities, programs, and services and shall be 315
designed to achieve fairness in sentencing. 316
Sec. 181.24. (A) No later than July 1, 1993, the state 325
criminal sentencing council COMMISSION shall recommend to the 326
general assembly a comprehensive criminal sentencing structure 327
for the state that is consistent with the sentencing policy 328
developed pursuant to division (B) of section 181.23 of the 329
Revised Code and the conclusions of the study conducted pursuant 330
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to division (A) of that section. The sentencing structure shall 331
be designed to enhance public safety, to assist in the management 332
of prison overcrowding and correctional resources, to simplify 333
the sentencing structure of the state that is in existence on 334
August 22, 1990, and to result in a new sentencing structure that 335
is readily understandable by the citizens of the state, to 336
simplify the criminal code of the state, to assure 337
proportionality, uniformity, and other fairness in criminal 338
sentencing, and to provide increased certainty in criminal 339
sentencing.
(B) The comprehensive criminal sentencing structure 341
recommended by the council COMMISSION shall provide for all of 342
the following: 343
(1) Proportionate sentences, with increased penalties for 345
offenses based upon the seriousness of the offense and the 346
criminal history of the offender; 347
(2) Procedures for ensuring that the penalty imposed for a 349
criminal offense upon similar offenders is uniform in all 350
jurisdictions in the state; 351
(3) Retention of reasonable judicial discretion within 353
established limits that are consistent with the goals of the 354
overall criminal sentencing structure; 355
(4) Procedures for matching criminal penalties with the 357
available correctional facilities, programs, and services; 358
(5) A structure and procedures that control the use and 360
duration of a full range of sentencing options that is consistent 361
with public safety, including, but not limited to, long terms of 362
imprisonment, probation, fines, and other sanctions that do not 363
involve incarceration; 364
(6) Appropriate reasons for judicial discretion in 366
departing from the general sentencing structure. 367
(C) The council COMMISSION shall project the impact of all 369
aspects of the comprehensive criminal sentencing structure upon 370
the capacities of existing correctional facilities. It also 371
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shall project the effect of parole release patterns and patterns 372
of release from regional and local jails, workhouses, and other 373
correctional facilities upon the sentencing structure. 374
Additionally, the council COMMISSION shall determine whether any 375
additional correctional facilities are necessary to implement the 376
sentencing structure. 377
(D) The council COMMISSION shall determine whether any 379
special appellate procedures are necessary for reviewing 380
departures from, or the misapplication of, the general sentencing 381
structure recommended pursuant to this section. 382
(E) The council COMMISSION shall submit a draft version of 384
the comprehensive criminal sentencing structure to selected 385
judges, prosecuting attorneys, defense attorneys, law enforcement 386
officials, correctional officials, bar associations, and other 387
persons with experience or expertise in criminal sentencing and 388
solicit their comments on the draft. 389
Sec. 181.25. (A) If the comprehensive criminal sentencing 398
structure that it recommends to the general assembly pursuant to 399
section 181.24 of the Revised Code or any aspects of that 400
sentencing structure are enacted into law, the state criminal 401
sentencing council COMMISSION shall do all of the following: 402
(1) Assist the general assembly in the implementation of 404
those aspects of the sentencing structure that are enacted into 405
law; 406
(2) Monitor the operation of the aspects of the sentencing 408
structure that are enacted into law and report to the general 410
assembly no later than January 1, 1997, and biennially 412
thereafter, on all of the following matters:
(a) The impact of the sentencing structure in effect on 415
and after July 1, 1996, on political subdivisions and other 416
relevant aspects of local government in this state, including all 417
of the following information: 418
(i) The number and type of offenders who were being 421
imprisoned in a state correctional institution under the law in 422
11
effect prior to July 1, 1996, but who are being punished under a 423
community control sanction, as defined in section 2929.01 of the 424
Revised Code, under the law in effect on and after July 1, 1996; 427
(ii) The fiscal and other impact of the law in effect on 430
and after July 1, 1996, on political subdivisions and other 432
relevant aspects of local government in this state, including law 433
enforcement agencies, the court system, prosecutors, as defined 434
in section 2935.01 of the Revised Code, the public defender and 435
assigned counsel system, jails and workhouses, probation 436
departments, the drug and alcohol abuse intervention and 437
treatment system, and the mental health intervention and 438
treatment system;. 439
(b) The impact of the sentencing structure in effect on 442
and after July 1, 1996, on the population of state correctional 443
institutions, including information regarding the number and 444
types of offenders who are being imprisoned under the law in 445
effect on and after July 1, 1996, and the amount of space in 447
state correctional institutions that is necessary to house those 448
offenders;
(c) The impact of the sentencing structure and the 451
sentence appeal provisions in effect on and after July 1, 1996, 452
on the appellate courts of this state, including information 453
regarding the number of sentence-based appeals, the cost of 454
reviewing appeals of that nature, whether a special court should 455
be created to review sentences, and whether changes should be 457
made to ensure that sentence-based appeals are conducted 458
expeditiously.
(3) Review all bills that are introduced in the general 460
assembly that provide for new criminal offenses or that change 461
the penalty for any criminal offense, determine if those bills 462
are consistent with the sentencing policy adopted under division 463
(B) of section 181.23 of the Revised Code, determine the impact 464
of those bills upon the correctional resources of the state, and 465
recommend to the general assembly any necessary amendments to 466
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those bills. When the council COMMISSION recommends any 467
amendment for a bill before the general assembly, it shall do so 469
in a manner that is consistent with the requirements of section 470
181.24 of the Revised Code. 471
(4) Study criminal sentencing structures in this state, 473
other states, and the federal government, recommend necessary 474
changes to the sentencing structure of the state, and determine 475
the costs and effects of any proposed changes in the sentencing 476
structure of the state; 477
(5) Collect and maintain data that pertains to the cost to 480
counties of the felony sentence appeal provisions set forth in 481
section 2953.08 of the Revised Code, of the postconviction relief 482
proceeding provisions set forth in division (A)(2) of section 483
2953.21 of the Revised Code, and of appeals from judgments
entered in such postconviction relief proceedings. The data so 485
collected and maintained shall include, but shall not be limited 486
to, the increase in expenses that counties experience as a result 487
of those provisions and those appeals and the number of felony 488
sentence appeals made, postconviction relief proceedings filed, 490
and appeals of postconviction relief proceeding judgments made in 491
each county under those provisions. The council COMMISSION 492
periodically shall provide to the felony sentence appeal cost 493
oversight committee, in accordance with division (I) of section 495
2953.08 of the Revised Code, all data the council COMMISSION 496
collects pursuant to this division.
(B) In addition to its duties set forth in section 181.24 498
of the Revised Code and division (A) of this section, the state 500
criminal sentencing council COMMISSION shall review all 502
forfeiture statutes in Titles XXIX and XLV of the Revised Code 504
and, not later than July 1, 2001, recommend to the general 505
assembly any necessary changes to those statutes. 506
Sec. 1547.99. (A) Whoever violates section 1547.91 of the 515
Revised Code is guilty of a felony of the fourth degree. 516
(B) Whoever violates section 1547.10, division (I) of 518
13
section 1547.111, section 1547.13, or section 1547.66 of the 519
Revised Code is guilty of a misdemeanor of the first degree. 520
(C) Whoever violates a provision of this chapter or a rule 522
adopted thereunder, for which no penalty is otherwise provided, 523
is guilty of a minor misdemeanor. 524
(D) Whoever violates section 1547.07 or 1547.12 of the 526
Revised Code without causing injury to persons or damage to 527
property is guilty of a misdemeanor of the fourth degree. 528
(E) Whoever violates section 1547.07 or 1547.12 of the 530
Revised Code causing injury to persons or damage to property is 531
guilty of a misdemeanor of the third degree. 532
(F) Whoever violates division (M) of section 1547.54, 534
division (G) of section 1547.30, or section 1547.131, 1547.25, 535
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the 536
Revised Code or a rule adopted under division (A)(2) of section 537
1547.52 of the Revised Code is guilty of a misdemeanor of the 538
fourth degree. 539
(G) Whoever violates section 1547.11 of the Revised Code 541
is guilty of a misdemeanor of the first degree and shall be 542
punished as provided in division (G)(1), (2), or (3) of this 543
section. 544
(1) Except as otherwise provided in division (G)(2) or (3) 546
of this section, the court shall sentence the offender to a term 548
of imprisonment of three consecutive days and may sentence the 549
offender pursuant to section 2929.21 of the Revised Code to a 550
longer term of imprisonment. In addition, the court shall impose 551
upon the offender a fine of not less than one hundred fifty nor 552
more than one thousand dollars. 553
The court may suspend the execution of the mandatory three 555
consecutive days of imprisonment that it is required to impose by 556
division (G)(1) of this section if the court, in lieu of the 558
suspended term of imprisonment, places the offender on probation 559
and requires the offender to attend, for three consecutive days, 560
a drivers' intervention program that is certified pursuant to 561
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section 3793.10 of the Revised Code. The court also may suspend 562
the execution of any part of the mandatory three consecutive days 563
of imprisonment that it is required to impose by division (G)(1) 565
of this section if the court places the offender on probation for 566
part of the three consecutive days; requires the offender to 567
attend, for that part of the three consecutive days, a drivers' 568
intervention program that is certified pursuant to section 569
3793.10 of the Revised Code; and sentences the offender to a term 570
of imprisonment equal to the remainder of the three consecutive 571
days that the offender does not spend attending the drivers' 572
intervention program. The court may require the offender, as a 573
condition of probation, to attend and satisfactorily complete any 574
treatment or education programs, in addition to the required 575
attendance at a drivers' intervention program, that the operators 576
of the drivers' intervention program determine that the offender 577
should attend and to report periodically to the court on the 578
offender's progress in the programs. The court also may impose 580
any other conditions of probation on the offender that it 581
considers necessary.
(2) If, within five years of the offense, the offender has 583
been convicted of or pleaded guilty to one violation of section 584
1547.11 of the Revised Code, of a municipal ordinance relating to 585
operating a watercraft or manipulating any water skis, aquaplane, 586
or similar device while under the influence of alcohol, a drug of 587
abuse, or alcohol and a drug of abuse, of a municipal ordinance 588
relating to operating a watercraft or manipulating any water 589
skis, aquaplane, or similar device with a prohibited 590
concentration of alcohol in the blood, breath, or urine, OF 591
DIVISION (A)(1) OF SECTION 2903.06 OF THE REVISED CODE, or of 592
DIVISION (A)(2), (3), OR (4) OF section 2903.06 or 2903.07 of the 594
Revised Code OR FORMER SECTION 2903.06 OR 2903.07 OF THE REVISED 595
CODE in a case in which the jury or judge found that the offender 596
was under the influence of alcohol, a drug of abuse, or alcohol 597
and a drug of abuse, the court shall sentence the offender to a 598
15
term of imprisonment of ten consecutive days and may sentence the 599
offender pursuant to section 2929.21 of the Revised Code to a 600
longer term of imprisonment. In addition, the court shall impose 601
upon the offender a fine of not less than one hundred fifty nor 602
more than one thousand dollars. 603
In addition to any other sentence that it imposes upon the 605
offender, the court may require the offender to attend a drivers' 606
intervention program that is certified pursuant to section 607
3793.10 of the Revised Code. 608
(3) If, within five years of the offense, the offender has 610
been convicted of or pleaded guilty to more than one violation of 611
section 1547.11 of the Revised Code, of a municipal ordinance 612
relating to operating a watercraft or manipulating any water 613
skis, aquaplane, or similar device while under the influence of 614
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a 615
municipal ordinance relating to operating a watercraft or 616
manipulating any water skis, aquaplane, or similar device with a 617
prohibited concentration of alcohol in the blood, breath, or 618
urine, or of section 2903.06 or 2903.07 of the Revised Code in a 619
case in which the jury or judge found that the offender was under 620
the influence of alcohol, a drug of abuse, or alcohol and a drug 621
of abuse IDENTIFIED IN DIVISION (G)(2) OF THIS SECTION, the court 623
shall sentence the offender to a term of imprisonment of thirty 624
consecutive days and may sentence the offender to a longer term 625
of imprisonment of not more than one year. In addition, the 626
court shall impose upon the offender a fine of not less than one 627
hundred fifty nor more than one thousand dollars. 628
In addition to any other sentence that it imposes upon the 630
offender, the court may require the offender to attend a drivers' 631
intervention program that is certified pursuant to section 632
3793.10 of the Revised Code. 633
(4) Upon a showing that imprisonment would seriously 635
affect the ability of an offender sentenced pursuant to division 636
(G)(1), (2), or (3) of this section to continue the offender's 637
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employment, the court may authorize that the offender be granted 639
work release from imprisonment after the offender has served the 640
three, ten, or thirty consecutive days of imprisonment that the 641
court is required by division (G)(1), (2), or (3) of this section 642
to impose. No court shall authorize work release from 643
imprisonment during the three, ten, or thirty consecutive days of 644
imprisonment that the court is required by division (G)(1), (2), 645
or (3) of this section to impose. The duration of the work 646
release shall not exceed the time necessary each day for the 647
offender to commute to and from the place of employment and the 648
place of imprisonment and the time actually spent under 649
employment.
(5) Notwithstanding any section of the Revised Code that 651
authorizes the suspension of the imposition or execution of a 652
sentence or the placement of an offender in any treatment program 653
in lieu of imprisonment, no court shall suspend the ten or thirty 654
consecutive days of imprisonment required to be imposed by 655
division (G)(2) or (3) of this section or place an offender who 656
is sentenced pursuant to division (G)(2) or (3) of this section 657
in any treatment program in lieu of imprisonment until after the 658
offender has served the ten or thirty consecutive days of 659
imprisonment required to be imposed pursuant to division (G)(2) 660
or (3) of this section. Notwithstanding any section of the 661
Revised Code that authorizes the suspension of the imposition or 662
execution of a sentence or the placement of an offender in any 663
treatment program in lieu of imprisonment, no court, except as 664
specifically authorized by division (G)(1) of this section, shall 665
suspend the three consecutive days of imprisonment required to be 666
imposed by division (G)(1) of this section or place an offender 667
who is sentenced pursuant to division (G)(1) of this section in 668
any treatment program in lieu of imprisonment until after the 669
offender has served the three consecutive days of imprisonment 670
required to be imposed pursuant to division (G)(1) of this 671
section. 672
17
(H) Whoever violates section 1547.304 of the Revised Code 674
is guilty of a misdemeanor of the fourth degree and also shall be 675
assessed any costs incurred by the state or a county, township, 676
municipal corporation, or other political subdivision in 677
disposing of an abandoned junk vessel or outboard motor, less any 678
money accruing to the state, county, township, municipal 679
corporation, or other political subdivision from that disposal. 681
(I) Whoever violates division (B) or (C) of section 683
1547.49 of the Revised Code is guilty of a minor misdemeanor. 684
(J) Whoever violates section 1547.31 of the Revised Code 686
is guilty of a misdemeanor of the fourth degree on a first 687
offense. On each subsequent offense, the person is guilty of a 688
misdemeanor of the third degree.
(K) Whoever violates section 1547.05 or 1547.051 of the 690
Revised Code is guilty of a misdemeanor of the fourth degree if 691
the violation is not related to a collision, injury to a person, 692
or damage to property and a misdemeanor of the third degree if 693
the violation is related to a collision, injury to a person, or 694
damage to property.
(L) The sentencing court, in addition to the penalty 696
provided under this section for a violation of this chapter or a 697
rule adopted under it that involves a powercraft powered by more 698
than ten horsepower and that, in the opinion of the court, 699
involves a threat to the safety of persons or property, shall 700
order the offender to complete successfully a boating course
approved by the national association of state boating law 701
administrators before the offender is allowed to operate a 702
powercraft powered by more than ten horsepower on the waters in 703
this state. Violation of a court order entered under this 704
division is punishable as contempt under Chapter 2705. of the 705
Revised Code.
Sec. 1721.19. (A) No person shall violate a bylaw, rule, 714
or regulation adopted by the trustees, directors, or other 716
officers of a cemetery company or association, or by a board of 717
18
township trustees having charge of township cemeteries, with 718
reference to the protection, good order, and preservation of
cemeteries, and the trees, shrubbery, structures, and adornments 719
therein.
Watchmen, superintendents, gardeners (B)(1) A WATCHPERSON, 721
SUPERINTENDENT, GARDENER, or agents AGENT of a cemetery company 723
or association may arrest on view, a person found violating this 724
section and bring him before a judge of a county court or judge 725
of a municipal court having jurisdiction within the township for 727
trial WHO HAS PROBABLE CAUSE TO BELIEVE THAT A PERSON HAS 728
VIOLATED DIVISION (A) OF THIS SECTION MAY DETAIN THE PERSON IN A 730
REASONABLE MANNER AND FOR A REASONABLE LENGTH OF TIME WITHIN THE 731
PROPERTY OF THE CEMETERY COMPANY OR ASSOCIATION FOR THE PURPOSE 732
OF RECOVERING ANY PROPERTY INVOLVED IN THE VIOLATION, CAUSING AN 733
ARREST TO BE MADE BY A PEACE OFFICER, OR OBTAINING A WARRANT OF 735
ARREST.
(2) A WATCHPERSON, SUPERINTENDENT, GARDENER, OR AGENT 737
ACTING UNDER DIVISION (B)(1) OF THIS SECTION SHALL NOT SEARCH THE 739
PERSON DETAINED, SEARCH OR SEIZE ANY PROPERTY BELONGING TO THE 740
PERSON DETAINED WITHOUT THE PERSON'S CONSENT, OR USE UNDUE 741
RESTRAINT UPON THE PERSON DETAINED. 742
(3) ANY PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF 744
THE REVISED CODE, MAY ARREST WITHOUT A WARRANT ANY PERSON WHO THE 746
OFFICER HAS PROBABLE CAUSE TO BELIEVE HAS COMMITTED ANY ACT IN 747
VIOLATION OF DIVISION (A) OF THIS SECTION THAT ALSO IS A 749
VIOLATION OF LAW AND SHALL MAKE THE ARREST WITHIN A REASONABLE 750
TIME AFTER THE COMMISSION OF THE ACT IN VIOLATION OF DIVISION (A) 751
OF THIS SECTION. 752
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 761
the Revised Code: 762
(A) "Claimant" means both of the following categories of 764
persons: 765
(1) Any of the following persons who claim an award of 767
reparations under sections 2743.51 to 2743.72 of the Revised 768
19
Code: 769
(a) A victim who was one of the following at the time of 771
the criminally injurious conduct: 772
(i) A resident of the United States; 774
(ii) A resident of a foreign country the laws of which 776
permit residents of this state to recover compensation as victims 777
of offenses committed in that country. 778
(b) A dependent of a deceased victim who is described in 780
division (A)(1)(a) of this section; 781
(c) A third person, other than a collateral source, who 783
legally assumes or voluntarily pays the obligations of a victim, 784
or of a dependent of a victim, who is described in division 785
(A)(1)(a) of this section, which obligations are incurred as a 786
result of the criminally injurious conduct that is the subject of 787
the claim and may include, but are not limited to, medical or 788
burial expenses; 789
(d) A person who is authorized to act on behalf of any 791
person who is described in division (A)(1)(a), (b), or (c) of 792
this section. 793
(2) Any of the following persons who claim an award of 795
reparations under sections 2743.51 to 2743.72 of the Revised 796
Code: 797
(a) A victim who had a permanent place of residence within 799
this state at the time of the criminally injurious conduct and 800
who, at the time of the criminally injurious conduct, complied 801
with any one of the following: 802
(i) Had a permanent place of employment in this state; 804
(ii) Was a member of the regular armed forces of the 806
United States or of the United States coast guard or was a 807
full-time member of the Ohio organized militia or of the United 808
States army reserve, naval reserve, or air force reserve; 809
(iii) Was retired and receiving social security or any 811
other retirement income; 812
(iv) Was sixty years of age or older; 814
20
(v) Was temporarily in another state for the purpose of 816
receiving medical treatment; 817
(vi) Was temporarily in another state for the purpose of 819
performing employment-related duties required by an employer 820
located within this state as an express condition of employment 821
or employee benefits; 822
(vii) Was temporarily in another state for the purpose of 824
receiving occupational, vocational, or other job-related training 825
or instruction required by an employer located within this state 826
as an express condition of employment or employee benefits; 827
(viii) Was a full-time student at an academic institution, 829
college, or university located in another state; 830
(ix) Had not departed the geographical boundaries of this 832
state for a period exceeding thirty days or with the intention of 833
becoming a citizen of another state or establishing a permanent 834
place of residence in another state. 835
(b) A dependent of a deceased victim who is described in 837
division (A)(2)(a) of this section; 838
(c) A third person, other than a collateral source, who 840
legally assumes or voluntarily pays the obligations of a victim, 841
or of a dependent of a victim, who is described in division 842
(A)(2)(a) of this section, which obligations are incurred as a 843
result of the criminally injurious conduct that is the subject of 844
the claim and may include, but are not limited to, medical or 845
burial expenses; 846
(d) A person who is authorized to act on behalf of any 848
person who is described in division (A)(2)(a), (b), or (c) of 849
this section. 850
(B) "Collateral source" means a source of benefits or 852
advantages for economic loss otherwise reparable that the victim 853
or claimant has received, or that is readily available to the 854
victim or claimant, from any of the following sources: 855
(1) The offender; 857
(2) The government of the United States or any of its 859
21
agencies, a state or any of its political subdivisions, or an 860
instrumentality of two or more states, unless the law providing 861
for the benefits or advantages makes them excess or secondary to 862
benefits under sections 2743.51 to 2743.72 of the Revised Code; 863
(3) Social security, medicare, and medicaid; 865
(4) State-required, temporary, nonoccupational disability 867
insurance; 868
(5) Workers' compensation; 870
(6) Wage continuation programs of any employer; 872
(7) Proceeds of a contract of insurance payable to the 874
victim for loss that the victim sustained because of the 875
criminally injurious conduct; 877
(8) A contract providing prepaid hospital and other health 879
care services, or benefits for disability; 880
(9) That portion of the proceeds of all contracts of 882
insurance payable to the claimant on account of the death of the 883
victim that exceeds fifty thousand dollars; 884
(10) Any compensation recovered or recoverable under the 886
laws of another state, district, territory, or foreign country 887
because the victim was the victim of an offense committed in that 888
state, district, territory, or country. 889
"Collateral source" does not include any money, or the 891
monetary value of any property, that is subject to sections 892
2969.01 to 2969.06 of the Revised Code. 893
(C) "Criminally injurious conduct" means one of the 895
following: 896
(1) For the purposes of any person described in division 898
(A)(1) of this section, any conduct that occurs or is attempted 899
in this state; poses a substantial threat of personal injury or 900
death; and is punishable by fine, imprisonment, or death, or 901
would be so punishable but for the fact that the person engaging 902
in the conduct lacked capacity to commit the crime under the laws 903
of this state. Criminally injurious conduct does not include 904
conduct arising out of the ownership, maintenance, or use of a 905
22
motor vehicle, except when any of the following applies: 906
(a) The person engaging in the conduct intended to cause 908
personal injury or death; 909
(b) The person engaging in the conduct was using the 911
vehicle to flee immediately after committing a felony or an act 912
that would constitute a felony but for the fact that the person 913
engaging in the conduct lacked the capacity to commit the felony 914
under the laws of this state; 915
(c) The person engaging in the conduct was using the 917
vehicle in a manner that constitutes an OMVI violation; 919
(d) The conduct occurred on or after July 25, 1990, and 921
the person engaging in the conduct was using the vehicle in a 922
manner that constitutes a violation of section 2903.08 of the 923
Revised Code. 924
(2) For the purposes of any person described in division 926
(A)(2) of this section, any conduct that occurs or is attempted 927
in another state, district, territory, or foreign country; poses 928
a substantial threat of personal injury or death; and is 929
punishable by fine, imprisonment, or death, or would be so 930
punishable but for the fact that the person engaging in the 931
conduct lacked capacity to commit the crime under the laws of the 932
state, district, territory, or foreign country in which the 933
conduct occurred or was attempted. Criminally injurious conduct 934
does not include conduct arising out of the ownership, 935
maintenance, or use of a motor vehicle, except when any of the 936
following applies: 937
(a) The person engaging in the conduct intended to cause 939
personal injury or death; 940
(b) The person engaging in the conduct was using the 942
vehicle to flee immediately after committing a felony or an act 943
that would constitute a felony but for the fact that the person 944
engaging in the conduct lacked the capacity to commit the felony 945
under the laws of the state, district, territory, or foreign 946
country in which the conduct occurred or was attempted; 947
23
(c) The person engaging in the conduct was using the 949
vehicle in a manner that constitutes an OMVI violation; 951
(d) The conduct occurred on or after July 25, 1990, the 953
person engaging in the conduct was using the vehicle in a manner 954
that constitutes a violation of any law of the state, district, 955
territory, or foreign country in which the conduct occurred, and 956
that law is substantially similar to a violation of section 957
2903.08 of the Revised Code. 958
(3) For the purposes of any person described in division 960
(A)(1) or (2) of this section, terrorism that occurs within or 961
outside the territorial jurisdiction of the United States. 962
(D) "Dependent" means an individual wholly or partially 964
dependent upon the victim for care and support, and includes a 965
child of the victim born after the victim's death. 966
(E) "Economic loss" means economic detriment consisting 968
only of allowable expense, work loss, funeral expense, 969
unemployment benefits loss, and replacement services loss. If 970
criminally injurious conduct causes death, economic loss includes 971
a dependent's economic loss and a dependent's replacement 972
services loss. Noneconomic detriment is not economic loss; 973
however, economic loss may be caused by pain and suffering or 974
physical impairment. 975
(F) "Allowable expense" means reasonable charges incurred 977
for reasonably needed products, services, and accommodations, 978
including those for medical care, rehabilitation, rehabilitative 979
occupational training, and other remedial treatment and care and 980
including replacement costs for eyeglasses and other corrective 981
lenses. It does not include that portion of a charge for a room 982
in a hospital, clinic, convalescent home, nursing home, or any 983
other institution engaged in providing nursing care and related 984
services in excess of a reasonable and customary charge for 985
semiprivate accommodations, unless accommodations other than 986
semiprivate accommodations are medically required. 987
(G) "Work loss" means loss of income from work that the 989
24
injured person would have performed if the person had not been 991
injured and expenses reasonably incurred by the person to obtain 992
services in lieu of those the person would have performed for 994
income, reduced by any income from substitute work actually 996
performed by the person, or by income the person would have 998
earned in available appropriate substitute work that the person 1,000
was capable of performing but unreasonably failed to undertake. 1,002
(H) "Replacement services loss" means expenses reasonably 1,004
incurred in obtaining ordinary and necessary services in lieu of 1,005
those the injured person would have performed, not for income, 1,006
but for the benefit of the person's self or family, if the person 1,008
had not been injured. 1,009
(I) "Dependent's economic loss" means loss after a 1,011
victim's death of contributions of things of economic value to 1,012
the victim's dependents, not including services they would have 1,014
received from the victim if the victim had not suffered the fatal 1,015
injury, less expenses of the dependents avoided by reason of the 1,016
victim's death. If a minor child of a victim is adopted after 1,017
the victim's death, the minor child continues after the adoption 1,018
to incur a dependent's economic loss as a result of the victim's 1,019
death. If the surviving spouse of a victim remarries, the 1,020
surviving spouse continues after the remarriage to incur a
dependent's economic loss as a result of the victim's death. 1,021
(J) "Dependent's replacement services loss" means loss 1,023
reasonably incurred by dependents after a victim's death in 1,024
obtaining ordinary and necessary services in lieu of those the 1,025
victim would have performed for their benefit if the victim had 1,027
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 1,028
calculating the dependent's economic loss. If a minor child of a 1,029
victim is adopted after the victim's death, the minor child 1,030
continues after the adoption to incur a dependent's replacement 1,031
services loss as a result of the victim's death. If the 1,032
surviving spouse of a victim remarries, the surviving spouse
25
continues after the remarriage to incur a dependent's replacement 1,033
services loss as a result of the victim's death. 1,034
(K) "Noneconomic detriment" means pain, suffering, 1,036
inconvenience, physical impairment, or other nonpecuniary damage. 1,037
(L) "Victim" means a person who suffers personal injury or 1,039
death as a result of any of the following: 1,040
(1) Criminally injurious conduct; 1,042
(2) The good faith effort of any person to prevent 1,044
criminally injurious conduct; 1,045
(3) The good faith effort of any person to apprehend a 1,047
person suspected of engaging in criminally injurious conduct. 1,048
(M) "Contributory misconduct" means any conduct of the 1,050
claimant or of the victim through whom the claimant claims an 1,051
award of reparations that is unlawful or intentionally tortious 1,052
and that, without regard to the conduct's proximity in time or 1,053
space to the criminally injurious conduct, has a causal 1,054
relationship to the criminally injurious conduct that is the 1,055
basis of the claim. 1,056
(N) "Funeral expense" means any reasonable charges that 1,058
are not in excess of five thousand dollars per funeral and that 1,060
are incurred for expenses directly related to a victim's funeral, 1,062
cremation, or burial.
(O) "Unemployment benefits loss" means a loss of 1,064
unemployment benefits pursuant to Chapter 4141. of the Revised 1,065
Code when the loss arises solely from the inability of a victim 1,066
to meet the able to work, available for suitable work, or the 1,067
actively seeking suitable work requirements of division (A)(4)(a) 1,068
of section 4141.29 of the Revised Code. 1,069
(P) "OMVI violation" means any of the following: 1,071
(1) A violation of section 4511.19 of the Revised Code, of 1,073
any municipal ordinance prohibiting the operation of a vehicle 1,074
while under the influence of alcohol, a drug of abuse, or alcohol 1,075
and a drug of abuse, or of any municipal ordinance prohibiting 1,076
the operation of a vehicle with a prohibited concentration of 1,077
26
alcohol in the blood, breath, or urine; 1,078
(2) A violation of DIVISION (A)(1) OF section 2903.06 of 1,080
the Revised Code, if the offender was under the influence of 1,082
alcohol, a drug of abuse, or alcohol and a drug of abuse, at the 1,083
time of the commission of the offense; 1,084
(3) A violation of DIVISION (A)(2), (3), OR (4) OF section 1,086
2903.07 2903.06 of the Revised Code or of a municipal ordinance 1,088
substantially similar to that section ANY OF THOSE DIVISIONS, if 1,090
the offender was under the influence of alcohol, a drug of abuse, 1,091
or alcohol and a drug of abuse, at the time of the commission of 1,092
the offense;
(4) For purposes of any person described in division 1,094
(A)(2) of this section, a violation of any law of the state, 1,095
district, territory, or foreign country in which the criminally 1,096
injurious conduct occurred, if that law is substantially similar 1,097
to a violation described in division (P)(1) OR (2) of this 1,098
section or if that law is substantially similar to a violation 1,100
described in division (P)(2) or (3) of this section and the 1,101
offender was under the influence of alcohol, a drug of abuse, or 1,102
alcohol and a drug of abuse, at the time of the commission of the 1,103
offense.
(Q) "Pendency of the claim" for an original reparations 1,105
application or supplemental reparations application means the 1,106
period of time from the date the criminally injurious conduct 1,107
upon which the application is based occurred until the date a 1,108
final order from the court of claims concerning that original 1,109
reparations application or supplemental reparations application 1,110
is issued.
(R) "Terrorism" means any activity to which all of the 1,113
following apply:
(1) The activity involves a violent act or an act that is 1,115
dangerous to human life. 1,116
(2) The act described in division (R)(1) of this section 1,119
is committed within the territorial jurisdiction of the United 1,121
27
States and is a violation of the criminal laws of the United 1,123
States, this state, or any other state or the act described in 1,125
division (R)(1) of this section is committed outside the 1,127
territorial jurisdiction of the United States and would be a 1,129
violation of the criminal laws of the United States, this state, 1,132
or any other state if committed within the territorial 1,133
jurisdiction of the United States. 1,135
(3) The activity appears to be intended to do any of the 1,137
following: 1,138
(a) Intimidate or coerce a civilian population; 1,141
(b) Influence the policy of any government by intimidation 1,144
or coercion;
(c) Affect the conduct of any government by assassination 1,147
or kidnapping.
(4) The activity occurs primarily outside the territorial 1,149
jurisdiction of the United States or transcends the national 1,152
boundaries of the United States in terms of the means by which 1,154
the activity is accomplished, the person or persons that the 1,155
activity appears intended to intimidate or coerce, or the area or 1,156
locale in which the perpetrator or perpetrators of the activity 1,157
operate or seek asylum.
(S) "Transcends the national boundaries of the United 1,160
States" means occurring outside the territorial jurisdiction of 1,161
the United States in addition to occurring within the territorial 1,163
jurisdiction of the United States. 1,164
Sec. 2901.01. (A) As used in the Revised Code: 1,173
(1) "Force" means any violence, compulsion, or constraint 1,175
physically exerted by any means upon or against a person or 1,176
thing. 1,177
(2) "Deadly force" means any force that carries a 1,179
substantial risk that it will proximately result in the death of 1,180
any person. 1,181
(3) "Physical harm to persons" means any injury, illness, 1,183
or other physiological impairment, regardless of its gravity or 1,184
28
duration. 1,185
(4) "Physical harm to property" means any tangible or 1,187
intangible damage to property that, in any degree, results in 1,188
loss to its value or interferes with its use or enjoyment. 1,189
"Physical harm to property" does not include wear and tear 1,190
occasioned by normal use. 1,191
(5) "Serious physical harm to persons" means any of the 1,193
following: 1,194
(a) Any mental illness or condition of such gravity as 1,196
would normally require hospitalization or prolonged psychiatric 1,197
treatment; 1,198
(b) Any physical harm that carries a substantial risk of 1,200
death; 1,201
(c) Any physical harm that involves some permanent 1,203
incapacity, whether partial or total, or that involves some 1,204
temporary, substantial incapacity; 1,205
(d) Any physical harm that involves some permanent 1,207
disfigurement or that involves some temporary, serious 1,208
disfigurement; 1,209
(e) Any physical harm that involves acute pain of such 1,211
duration as to result in substantial suffering or that involves 1,212
any degree of prolonged or intractable pain. 1,213
(6) "Serious physical harm to property" means any physical 1,215
harm to property that does either of the following: 1,216
(a) Results in substantial loss to the value of the 1,218
property or requires a substantial amount of time, effort, or 1,219
money to repair or replace; 1,220
(b) Temporarily prevents the use or enjoyment of the 1,222
property or substantially interferes with its use or enjoyment 1,223
for an extended period of time. 1,224
(7) "Risk" means a significant possibility, as contrasted 1,226
with a remote possibility, that a certain result may occur or 1,227
that certain circumstances may exist. 1,228
(8) "Substantial risk" means a strong possibility, as 1,230
29
contrasted with a remote or significant possibility, that a 1,231
certain result may occur or that certain circumstances may exist. 1,232
(9) "Offense of violence" means any of the following: 1,234
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,236
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 1,237
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 1,238
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 1,239
2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 1,240
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or 1,241
of division (B)(1), (2), (3), or (4) of section 2919.22 of the 1,242
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code; 1,243
(b) A violation of an existing or former municipal 1,245
ordinance or law of this or any other state or the United States, 1,246
substantially equivalent to any section, division, or offense 1,248
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an 1,250
existing or former municipal ordinance or law of this or any 1,251
other state or the United States, committed purposely or 1,252
knowingly, and involving physical harm to persons or a risk of 1,253
serious physical harm to persons; 1,254
(d) A conspiracy or attempt to commit, or complicity in 1,256
committing, any offense under division (A)(9)(a), (b), or (c) of 1,258
this section.
(10)(a) "Property" means any property, real or personal, 1,261
tangible or intangible, and any interest or license in that 1,262
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 1,263
telecommunications devices, information service, computers, data, 1,264
computer software, financial instruments associated with 1,266
computers, other documents associated with computers, or copies 1,267
of the documents, whether in machine or human readable form, 1,268
trade secrets, trademarks, copyrights, patents, and property 1,269
protected by a trademark, copyright, or patent. "Financial 1,270
30
instruments associated with computers" include, but are not 1,271
limited to, checks, drafts, warrants, money orders, notes of 1,272
indebtedness, certificates of deposit, letters of credit, bills 1,273
of credit or debit cards, financial transaction authorization 1,274
mechanisms, marketable securities, or any computer system 1,275
representations of any of them. 1,276
(b) As used in division (A)(10) of this section, "trade 1,279
secret" has the same meaning as in section 1333.61 of the Revised 1,280
Code, and "telecommunications service" and "information service" 1,282
have the same meanings as in section 2913.01 of the Revised Code. 1,283
(c) As used in divisions (A)(10) and (13) of this section, 1,286
"cable television service," "computer," "computer software," 1,287
"computer system," "computer network," "data," and 1,288
"telecommunications device" have the same meanings as in section 1,289
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 1,291
(a) A sheriff, deputy sheriff, constable, police officer 1,293
of a township or joint township police district, marshal, deputy 1,294
marshal, municipal police officer, member of a police force 1,295
employed by a metropolitan housing authority under division (D) 1,296
of section 3735.31 of the Revised Code, or state highway patrol 1,297
trooper; 1,298
(b) An officer, agent, or employee of the state or any of 1,300
its agencies, instrumentalities, or political subdivisions, upon 1,301
whom, by statute, a duty to conserve the peace or to enforce all 1,302
or certain laws is imposed and the authority to arrest violators 1,303
is conferred, within the limits of that statutory duty and 1,304
authority; 1,305
(c) A mayor, in the mayor's capacity as chief conservator 1,307
of the peace within the mayor's municipal corporation; 1,308
(d) A member of an auxiliary police force organized by 1,310
county, township, or municipal law enforcement authorities, 1,311
within the scope of the member's appointment or commission; 1,312
(e) A person lawfully called pursuant to section 311.07 of 1,314
31
the Revised Code to aid a sheriff in keeping the peace, for the 1,315
purposes and during the time when the person is called; 1,316
(f) A person appointed by a mayor pursuant to section 1,318
737.01 of the Revised Code as a special patrolling officer during 1,320
riot or emergency, for the purposes and during the time when the 1,321
person is appointed;
(g) A member of the organized militia of this state or the 1,323
armed forces of the United States, lawfully called to duty to aid 1,324
civil authorities in keeping the peace or protect against 1,325
domestic violence; 1,326
(h) A prosecuting attorney, assistant prosecuting 1,328
attorney, secret service officer, or municipal prosecutor; 1,329
(i) An Ohio veterans' home police officer appointed under 1,331
section 5907.02 of the Revised Code; 1,332
(j) A member of a police force employed by a regional 1,334
transit authority under division (Y) of section 306.35 of the 1,335
Revised Code.
(12) "Privilege" means an immunity, license, or right 1,337
conferred by law, bestowed by express or implied grant, arising 1,339
out of status, position, office, or relationship, or growing out 1,340
of necessity.
(13) "Contraband" means any property described in the 1,342
following categories: 1,343
(a) Property that in and of itself is unlawful for a 1,345
person to acquire or possess; 1,346
(b) Property that is not in and of itself unlawful for a 1,348
person to acquire or possess, but that has been determined by a 1,349
court of this state, in accordance with law, to be contraband 1,350
because of its use in an unlawful activity or manner, of its 1,351
nature, or of the circumstances of the person who acquires or 1,352
possesses it, including, but not limited to, goods and personal 1,353
property described in division (D) of section 2913.34 of the 1,354
Revised Code;
(c) Property that is specifically stated to be contraband 1,356
32
by a section of the Revised Code or by an ordinance, regulation, 1,357
or resolution; 1,358
(d) Property that is forfeitable pursuant to a section of 1,360
the Revised Code, or an ordinance, regulation, or resolution, 1,361
including, but not limited to, forfeitable firearms, dangerous 1,362
ordnance, obscene materials, and goods and personal property 1,364
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 1,366
3719.01 of the Revised Code, or any device, paraphernalia, money 1,367
as defined in section 1301.01 of the Revised Code, or other means 1,368
of exchange that has been, is being, or is intended to be used in 1,369
an attempt or conspiracy to violate, or in a violation of, 1,370
Chapter 2925. or 3719. of the Revised Code; 1,371
(f) Any gambling device, paraphernalia, money as defined 1,373
in section 1301.01 of the Revised Code, or other means of 1,374
exchange that has been, is being, or is intended to be used in an 1,375
attempt or conspiracy to violate, or in the violation of, Chapter 1,376
2915. of the Revised Code; 1,377
(g) Any equipment, machine, device, apparatus, vehicle, 1,379
vessel, container, liquid, or substance that has been, is being, 1,380
or is intended to be used in an attempt or conspiracy to violate, 1,381
or in the violation of, any law of this state relating to alcohol 1,382
or tobacco; 1,383
(h) Any personal property that has been, is being, or is 1,385
intended to be used in an attempt or conspiracy to commit, or in 1,386
the commission of, any offense or in the transportation of the 1,387
fruits of any offense; 1,388
(i) Any property that is acquired through the sale or 1,390
other transfer of contraband or through the proceeds of 1,391
contraband, other than by a court or a law enforcement agency 1,392
acting within the scope of its duties; 1,393
(j) Any computer, computer system, computer network, 1,395
computer software, or other telecommunications device that is 1,396
used in a conspiracy to commit, an attempt to commit, or the 1,398
33
commission of any offense, if the owner of the computer, computer 1,399
system, computer network, computer software, or other 1,400
telecommunications device is convicted of or pleads guilty to the 1,401
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 1,403
relative to a charge of an offense only if the person proves, in 1,404
the manner specified in section 2901.05 of the Revised Code, that 1,405
at the time of the commission of the offense, the person did not 1,406
know, as a result of a severe mental disease or defect, the 1,407
wrongfulness of the person's acts. 1,408
(B)(1)(a) Subject to division (B)(2) of this section, as 1,411
used in any section contained in Title XXIX of the Revised Code 1,412
that sets forth a criminal offense, "person" includes all of the 1,413
following:
(i) An individual, corporation, business trust, estate, 1,415
trust, partnership, and association; 1,416
(ii) An unborn human who is viable. 1,418
(b) As used in any section contained in Title XXIX of the 1,421
Revised Code that does not set forth a criminal offense, "person" 1,422
includes an individual, corporation, business trust, estate, 1,423
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 1,425
(i) "Unborn human" means an individual organism of the 1,427
species homo sapiens from fertilization until live birth. 1,428
(ii) "Viable" means the stage of development of a human 1,431
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 1,432
temporary artificial life-sustaining support. 1,433
(2) Notwithstanding division (B)(1)(a) of this section, in 1,435
no case shall the portion of the definition of the term "person" 1,436
that is set forth in division (B)(1)(a)(ii) of this section be 1,437
applied or construed in any section contained in Title XXIX of 1,438
the Revised Code that sets forth a criminal offense in any of the 1,439
following manners:
34
(a) Except as otherwise provided in division (B)(2)(a) of 1,441
this section, in a manner so that the offense prohibits or is 1,442
construed as prohibiting any pregnant woman or her physician from 1,443
performing an abortion with the consent of the pregnant woman, 1,444
with the consent of the pregnant woman implied by law in a 1,445
medical emergency, or with the approval of one otherwise 1,446
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 1,447
described in the immediately preceding sentence may be punished 1,448
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 1,449
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 1,450
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 1,451
An abortion that does not violate the conditions described in the 1,452
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 1,453
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 1,454
as a violation of section 2919.12, division (B) of section 1,455
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 1,456
Code, as applicable. Consent is sufficient under this division 1,457
if it is of the type otherwise adequate to permit medical 1,458
treatment to the pregnant woman, even if it does not comply with 1,459
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 1,462
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that 1,463
results in any of the following: 1,464
(i) Her delivery of a stillborn baby; 1,466
(ii) Her causing, in any other manner, the death in utero 1,469
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 1,472
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 1,473
(iv) Her causing her child who is born alive to sustain 1,476
one or more injuries while the child is a viable, unborn human;
35
(v) Her causing, threatening to cause, or attempting to 1,479
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 1,480
or a mental illness or condition, regardless of its duration or 1,481
gravity, to a viable, unborn human that she is carrying. 1,482
(C) As used in Title XXIX of the Revised Code: 1,484
(1) "School safety zone" consists of a school, school 1,487
building, school premises, school activity, and school bus. 1,488
(2) "School," "school building," and "school premises" 1,490
have the same meanings as in section 2925.01 of the Revised Code. 1,491
(3) "School activity" means any activity held under the 1,493
auspices of a board of education of a city, local, exempted 1,495
village, joint vocational, or cooperative education school 1,496
district, a governing board of an educational service center, or 1,497
the governing body of a school for which the state board of 1,498
education prescribes minimum standards under section 3301.07 of 1,499
the Revised Code. 1,500
(4) "School bus" has the same meaning as in section 1,502
4511.01 of the Revised Code. 1,504
Sec. 2901.04. (A) Sections EXCEPT AS OTHERWISE PROVIDED 1,513
IN DIVISION (C) OF THIS SECTION, SECTIONS of the Revised Code 1,514
defining offenses or penalties shall be strictly construed 1,516
against the state, and liberally construed in favor of the 1,517
accused.
(B) Rules of criminal procedure and sections of the 1,519
Revised Code providing for criminal procedure shall be construed 1,520
so as to effect the fair, impartial, speedy, and sure 1,521
administration of justice.
(C) ANY PROVISION OF A SECTION OF THE REVISED CODE THAT 1,523
REFERS TO A PREVIOUS CONVICTION OF OR PLEA OF GUILTY TO A 1,524
VIOLATION OF A SECTION OF THE REVISED CODE OR OF A DIVISION OF A 1,525
SECTION OF THE REVISED CODE SHALL BE CONSTRUED TO ALSO REFER TO A
PREVIOUS CONVICTION OF OR PLEA OF GUILTY TO A SUBSTANTIALLY 1,526
EQUIVALENT OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE, 1,527
36
ANOTHER STATE, OR THE UNITED STATES OR UNDER AN EXISTING OR 1,528
FORMER MUNICIPAL ORDINANCE.
Sec. 2903.04. (A) No person shall cause the death of 1,538
another or the unlawful termination of another's pregnancy as a 1,539
proximate result of the offender's committing or attempting to 1,541
commit a felony.
(B) No person shall cause the death of another or the 1,543
unlawful termination of another's pregnancy as a proximate result 1,545
of the offender's committing or attempting to commit a 1,546
misdemeanor of the first, second, third, or fourth ANY degree, A 1,547
REGULATORY OFFENSE, or a minor misdemeanor OTHER THAN A VIOLATION 1,548
OF ANY SECTION CONTAINED IN TITLE XLV OF THE REVISED CODE THAT IS 1,549
A MINOR MISDEMEANOR AND OTHER THAN A VIOLATION OF AN ORDINANCE OF 1,550
A MUNICIPAL CORPORATION THAT, REGARDLESS OF THE PENALTY SET BY 1,551
ORDINANCE FOR THE VIOLATION, IS SUBSTANTIALLY EQUIVALENT TO ANY
SECTION CONTAINED IN TITLE XLV OF THE REVISED CODE THAT IS A 1,552
MINOR MISDEMEANOR. 1,553
(C) Whoever violates this section is guilty of involuntary 1,555
manslaughter. Violation of division (A) of this section is a 1,556
felony of the first degree. Violation of division (B) of this 1,558
section is a felony of the third degree.
(D)(1) In addition to any penalty imposed upon the 1,560
offender under division (C) of this section and sections 2929.11 1,562
to 2929.18 of the Revised Code, if IF an offender is convicted of 1,563
or pleads guilty to a violation of division (A) or (B) of this 1,564
section and if the felony or, misdemeanor, OR REGULATORY OFFENSE 1,566
that the offender committed or attempted to commit, that 1,567
proximately resulted in the death of the other person or the 1,568
unlawful termination of another's pregnancy, and that is the 1,569
basis of the offender's violation of division (A) or (B) of this 1,570
section WAS A VIOLATION OF DIVISION (A) OR (B) OF SECTION 4511.19 1,571
OF THE REVISED CODE OR OF A SUBSTANTIALLY EQUIVALENT MUNICIPAL 1,572
ORDINANCE OR included, as an element of that felony or, 1,573
misdemeanor, OR REGULATORY offense, the offender's operation or 1,575
37
participation in the operation of a motor vehicle, motorcycle, 1,576
snowmobile, locomotive, watercraft, or aircraft while the 1,577
offender was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, both of the following apply: 1,578
(a)(1) The COURT SHALL PERMANENTLY REVOKE THE offender's 1,581
driver's or commercial driver's license or permit or nonresident 1,582
operating privilege shall be permanently revoked pursuant to 1,583
section 4507.16 of the Revised Code; 1,584
(b) The offender is not eligible for a sentence to a 1,587
community control sanction, as defined in section 2929.01 of the 1,588
Revised Code, pursuant to section 2929.13, or for judicial
release pursuant to section 2929.20 of the Revised Code if any of 1,589
the following apply relative to the offender: 1,590
(i) The offender previously has been convicted of or 1,592
pleaded guilty to a violation of division (A) or (B) of this 1,593
section in which the felony or misdemeanor that the offender 1,594
committed or attempted to commit, that proximately resulted in 1,596
the death of the other person or the unlawful termination of 1,597
another's pregnancy, and that is the basis of the offender's 1,598
violation of division (A) or (B) of this section included, as an 1,599
element of that felony or misdemeanor offense, the offender's 1,600
operation or participation in the operation of a motor vehicle, 1,601
motorcycle, snowmobile, locomotive, watercraft, or aircraft while 1,602
the offender was under the influence of alcohol, a drug of abuse, 1,603
or alcohol and a drug of abuse; 1,604
(ii) The offender previously has been convicted of or 1,606
pleaded guilty to a violation of a municipal ordinance that is 1,608
substantially similar to division (A) or (B) of this section and 1,609
the felony or misdemeanor that the offender committed or 1,610
attempted to commit, that proximately resulted in the death of 1,611
the other person or the unlawful termination of another's 1,612
pregnancy, and that is the basis of the offender's violation of 1,613
the municipal ordinance that is substantially similar to division 1,614
(A) or (B) of this section included, as an element of that felony 1,615
38
or misdemeanor offense, the offender's operation or participation 1,616
in the operation of a motor vehicle, motorcycle, snowmobile, 1,617
locomotive, watercraft, or aircraft while the offender was under 1,618
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,619
of abuse;
(iii) The offender previously has been convicted of or 1,621
pleaded guilty to a violation of section 1547.11, 2903.06, 1,622
2903.07, 2903.08, 4511.19, or 4511.192 of the Revised Code, 1,623
division (B) or (D) of section 4507.02 of the Revised Code, 1,624
section 4507.38 or 4507.39 of the Revised Code as those sections 1,625
existed prior to September 24, 1986, a municipal ordinance that 1,626
is substantially similar to section 2903.06, 2903.07, 2903.08, 1,627
4511.19, or 4511.192 of the Revised Code, or a municipal 1,628
ordinance that is substantially similar to section 4507.38 or 1,629
4507.39 of the Revised Code as those sections existed prior to 1,630
September 24, 1986; 1,631
(iv) The offender has accumulated twelve points pursuant 1,633
to section 4507.021 of the Revised Code within one year of the 1,634
offense;
(v) The offender was driving under suspension at the time 1,636
he committed the offense. 1,637
(2) In determining, for purposes of division (D)(1) of 1,639
this section, whether an offender was under the influence of 1,640
alcohol, a drug of abuse, or alcohol and a drug of abuse at the 1,641
time of the commission of the offender's violation of division 1,642
(A) or (B) of this section, the trier of fact may consider as 1,644
competent evidence the concentration of alcohol in the offender's 1,645
blood, breath, or urine as shown by a chemical test taken 1,646
pursuant to section 1547.111 or 4511.191 of the Revised Code. 1,647
The offender shall be presumed to have been under the influence 1,648
of alcohol if there was, at the time the bodily substance was 1,649
withdrawn for the chemical test, a concentration of 1,650
ten-hundredths of one per cent or more by weight of alcohol in 1,651
the offender's blood, ten-hundredths of one gram or more by 1,652
39
weight of alcohol per two hundred ten liters of the offender's 1,653
breath, or fourteen-hundredths of one gram or more by weight of 1,654
alcohol per one hundred milliliters of the offender's urine. 1,655
(2) THE COURT SHALL IMPOSE A MANDATORY PRISON TERM FOR THE 1,657
VIOLATION OF DIVISION (A) OR (B) OF THIS SECTION FROM THE RANGE 1,659
OF PRISON TERMS AUTHORIZED FOR THE LEVEL OF THE OFFENSE UNDER
SECTION 2929.14 OF THE REVISED CODE. 1,660
Sec. 2903.06. (A) No person, while operating or 1,669
participating in the operation of a motor vehicle, motorcycle, 1,670
snowmobile, locomotive, watercraft, or aircraft, shall recklessly 1,671
cause the death of another or the unlawful termination of 1,672
another's pregnancy IN ANY OF THE FOLLOWING WAYS: 1,673
(1) AS THE PROXIMATE RESULT OF COMMITTING A VIOLATION OF 1,675
DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE OR OF A 1,676
SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE; 1,677
(2) RECKLESSLY; 1,679
(3) NEGLIGENTLY; 1,681
(4) AS THE PROXIMATE RESULT OF COMMITTING A VIOLATION OF 1,683
ANY PROVISION OF ANY SECTION CONTAINED IN TITLE XLV OF THE 1,684
REVISED CODE THAT IS A MINOR MISDEMEANOR OR OF A MUNICIPAL 1,685
ORDINANCE THAT, REGARDLESS OF THE PENALTY SET BY ORDINANCE FOR 1,687
THE VIOLATION, IS SUBSTANTIALLY EQUIVALENT TO ANY PROVISION OF 1,688
ANY SECTION CONTAINED IN TITLE XLV OF THE REVISED CODE THAT IS A 1,689
MINOR MISDEMEANOR. 1,690
(B)(1) Whoever violates DIVISION (A)(1) OR (2) OF this 1,693
section is guilty of aggravated vehicular homicide, AND SHALL BE 1,694
PUNISHED AS PROVIDED IN DIVISIONS (B)(1)(a) AND (b) OF THIS 1,695
SECTION. 1,696
(a) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 1,698
AGGRAVATED VEHICULAR HOMICIDE COMMITTED IN VIOLATION OF DIVISION 1,699
(A)(1) OF THIS SECTION IS a felony of the third SECOND degree. 1,700
If AGGRAVATED VEHICULAR HOMICIDE COMMITTED IN VIOLATION OF 1,701
DIVISION (A)(1) OF THIS SECTION IS A FELONY OF THE FIRST DEGREE 1,703
IF, AT THE TIME OF THE OFFENSE, THE OFFENDER WAS DRIVING UNDER A 1,704
40
SUSPENSION IMPOSED UNDER CHAPTER 4507. OR ANY OTHER PROVISION OF 1,705
THE REVISED CODE OR IF the offender previously has been convicted 1,706
of or pleaded guilty to an offense under A VIOLATION OF this 1,707
section, section 2903.07 or 2903.08 of the Revised Code, or 1,709
section 2903.04 of the Revised Code in a case in which the 1,710
offender was subject to the sanctions described in division (D) 1,711
of that section, aggravated vehicular homicide is a felony of the 1,712
second degree.
If the jury or judge as trier of fact finds that the 1,714
offender was under the influence of alcohol, a drug of abuse, or 1,715
alcohol and a drug of abuse, at the time of the commission of the 1,716
offense, then the offender's driver's or commercial driver's 1,717
license or permit or nonresident operating privilege shall be 1,718
permanently revoked pursuant to section 4507.16 of the Revised 1,719
Code. 1,720
When the trier of fact determines whether the offender was 1,722
under the influence of alcohol, a drug of abuse, or alcohol and a 1,723
drug of abuse, the concentration of alcohol in the offender's 1,724
blood, breath, or urine as shown by a chemical test taken 1,725
pursuant to section 1547.111 or 4511.191 of the Revised Code may 1,726
be considered as competent evidence, and the offender shall be 1,727
presumed to have been under the influence of alcohol if there was 1,728
at the time the bodily substance was withdrawn for the chemical 1,729
test a concentration of ten-hundredths of one per cent or more by 1,730
weight of alcohol in the offender's blood, ten-hundredths of one 1,731
gram or more by weight of alcohol per two hundred ten liters of 1,732
the offender's breath, or fourteen-hundredths of one gram or more 1,733
by weight of alcohol per one hundred milliliters of the 1,734
offender's urine; ANY TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR 1,735
ASSAULT OFFENSE; THREE PRIOR VIOLATIONS OF SECTION 4511.19 OF THE 1,737
REVISED CODE OR OF A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE 1,738
WITHIN THE PREVIOUS SIX YEARS; OR A SECOND OR SUBSEQUENT FELONY 1,739
VIOLATION OF DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE. 1,740
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,742
41
PERMANENTLY REVOKE THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL 1,743
DRIVER'S LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY 1,745
LICENSE, OR NONRESIDENT OPERATING PRIVILEGE PURSUANT TO SECTION 1,746
4507.16 OF THE REVISED CODE.
(b) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 1,748
AGGRAVATED VEHICULAR HOMICIDE COMMITTED IN VIOLATION OF DIVISION 1,749
(A)(2) OF THIS SECTION IS A FELONY OF THE THIRD DEGREE. 1,750
AGGRAVATED VEHICULAR HOMICIDE COMMITTED IN VIOLATION OF DIVISION 1,752
(A)(2) OF THIS SECTION IS A FELONY OF THE SECOND DEGREE IF, AT 1,753
THE TIME OF THE OFFENSE, THE OFFENDER WAS DRIVING UNDER A
SUSPENSION IMPOSED UNDER CHAPTER 4507. OF THE REVISED CODE OR ANY 1,754
OTHER PROVISION OF THE REVISED CODE OR IF THE OFFENDER PREVIOUSLY 1,755
HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF THIS 1,757
SECTION OR ANY TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT 1,758
OFFENSE. 1,759
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,761
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,762
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,764
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF THREE 1,765
YEARS TO LIFE PURSUANT TO SECTION 4507.16 OF THE REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (A)(3) OF THIS SECTION IS 1,767
GUILTY OF VEHICULAR HOMICIDE. EXCEPT AS OTHERWISE PROVIDED IN 1,768
THIS DIVISION, VEHICULAR HOMICIDE IS A MISDEMEANOR OF THE FIRST 1,769
DEGREE. VEHICULAR HOMICIDE IS A FELONY OF THE FOURTH DEGREE IF, 1,770
AT THE TIME OF THE OFFENSE, THE OFFENDER WAS DRIVING UNDER A 1,771
SUSPENSION IMPOSED UNDER CHAPTER 4507. OR ANY OTHER PROVISION OF 1,772
THE REVISED CODE OR IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED 1,774
OF OR PLEADED GUILTY TO A VIOLATION OF THIS SECTION OR ANY 1,775
TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT OFFENSE. 1,776
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,778
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,779
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,781
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF ONE TO 1,782
FIVE YEARS PURSUANT TO SECTION 4507.16 OF THE REVISED CODE OR, IF 1,783
42
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY 1,784
TO A VIOLATION OF THIS SECTION OR ANY TRAFFIC-RELATED HOMICIDE, 1,785
MANSLAUGHTER, OR ASSAULT OFFENSE, FOR A DEFINITE PERIOD OF TWO TO 1,786
TEN YEARS PURSUANT TO THAT SECTION.
(3) WHOEVER VIOLATES DIVISION (A)(4) OF THIS SECTION IS 1,788
GUILTY OF VEHICULAR MANSLAUGHTER. EXCEPT AS OTHERWISE PROVIDED 1,789
IN THIS DIVISION, VEHICULAR MANSLAUGHTER IS A MISDEMEANOR OF THE 1,790
SECOND DEGREE. VEHICULAR MANSLAUGHTER IS A MISDEMEANOR OF THE 1,791
FIRST DEGREE IF, AT THE TIME OF THE OFFENSE, THE OFFENDER WAS 1,792
DRIVING UNDER A SUSPENSION IMPOSED UNDER CHAPTER 4507. OF THE 1,793
REVISED CODE OR IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF 1,794
OR PLEADED GUILTY TO A VIOLATION OF THIS SECTION OR ANY 1,795
TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT OFFENSE. 1,796
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,798
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,799
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,801
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF THREE 1,802
MONTHS TO TWO YEARS PURSUANT TO SECTION 4507.16 OF THE REVISED 1,803
CODEOR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 1,804
PLEADED GUILTY TO A VIOLATION OF THIS SECTION OR ANY 1,806
TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT OFFENSE, FOR A 1,807
DEFINITE PERIOD OF ONE TO FIVE YEARS PURSUANT TO THAT SECTION.
(C) If the THE COURT SHALL IMPOSE A MANDATORY PRISON TERM 1,810
ON AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO A 1,811
VIOLATION OF DIVISION (A)(1) OF THIS SECTION. THE COURT SHALL 1,812
IMPOSE A MANDATORY PRISON TERM ON AN OFFENDER WHO IS CONVICTED OF 1,813
OR PLEADS GUILTY TO A VIOLATION OF DIVISION (A)(2) OR (3) OF THIS 1,814
SECTION IF EITHER OF THE FOLLOWING APPLIES: 1,815
(1) THE offender previously has been convicted of or 1,818
pleaded guilty to a violation of this section, section 2903.04 of 1,819
the Revised Code in a case in which the offender was subject to 1,820
the sanctions described in division (D) of that section, OR 1,821
section 1547.11, 2903.07, 2903.08, 4511.19, or 4511.192 of the 1,822
Revised Code, division (B) or (D) of section 4507.02 of the 1,823
43
Revised Code, section 4507.38 or 4507.39 of the Revised Code as 1,824
those sections existed prior to September 24, 1986, a municipal 1,825
ordinance that is substantially similar to section 2903.07, 1,826
2903.08, 4511.19, or 4511.192 of the Revised Code, a municipal 1,827
ordinance that is substantially similar to section 4507.38 or 1,828
4507.39 of the Revised Code as those sections existed prior to 1,829
September 24, 1986, or a municipal ordinance that is 1,830
substantially similar to section 2903.04 of the Revised Code in a 1,831
case in which the offender would have been subject to the 1,832
sanctions described in division (D) of that section had the 1,833
offender been convicted of a violation of that section, if the 1,835
offender has accumulated twelve points pursuant to section 1,836
4507.021 of the Revised Code within one year of the offense, or 1,837
if in the commission.
(2) AT THE TIME of the offense, the offender was driving 1,840
under suspension or operating a motor vehicle while under the 1,841
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,842
abuse, the offender shall be sentenced to a mandatory prison term 1,843
and shall not be eligible for a sentence to a community control 1,844
sanction pursuant to section 2929.13 of the Revised Code, for 1,846
judicial release pursuant to section 2929.20 of the Revised Code, 1,847
or for a reduction of a stated prison term or a release pursuant 1,848
to section 2967.193 of the Revised Code or any other provision of
Chapter 2967. or UNDER Chapter 5120. 4507. of the Revised Code. 1,851
(D)(1) As used in this section, "mandatory: 1,853
(a) "MANDATORY prison term" and "community control 1,855
sanction" have HAS the same meanings MEANING as in section 1,857
2929.01 of the Revised Code.
(b) "TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT 1,860
OFFENSE" MEANS A VIOLATION OF SECTION 2903.04 OF THE REVISED CODE 1,861
IN CIRCUMSTANCES IN WHICH DIVISION (D) OF THAT SECTION APPLIES, A 1,862
VIOLATION OF SECTION 2903.06 OR 2903.08 OF THE REVISED CODE, OR A 1,863
VIOLATION OF SECTION 2903.06, 2903.07, OR 2903.08 OF THE REVISED 1,864
CODE AS THEY EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS 1,865
44
AMENDMENT.
(2) FOR THE PURPOSES OF THIS SECTION, WHEN A PENALTY OR 1,867
SUSPENSION IS ENHANCED BECAUSE OF A PRIOR OR CURRENT VIOLATION OF 1,868
A SPECIFIED LAW OR A PRIOR OR CURRENT SPECIFIED OFFENSE, THE 1,869
REFERENCE TO THE VIOLATION OF THE SPECIFIED LAW OR THE SPECIFIED 1,870
OFFENSE INCLUDES ANY VIOLATION OF ANY SUBSTANTIALLY EQUIVALENT 1,871
MUNICIPAL ORDINANCE, FORMER LAW OF THIS STATE, OR CURRENT OR 1,872
FORMER LAW OF ANOTHER STATE OR THE UNITED STATES. 1,873
Sec. 2903.08. (A) No person, while operating or 1,882
participating in the operation of a motor vehicle, motorcycle, 1,883
snowmobile, locomotive, watercraft, or aircraft, shall recklessly 1,884
cause serious physical harm to another person or another's unborn 1,885
IN EITHER OF THE FOLLOWING WAYS: 1,886
(1) AS THE PROXIMATE RESULT OF COMMITTING A VIOLATION OF 1,888
DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE OR OF A 1,889
SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE; 1,890
(2) RECKLESSLY. 1,892
(B)(1) Whoever violates DIVISION (A)(1) OF this section is 1,895
guilty of aggravated vehicular assault,. EXCEPT AS OTHERWISE 1,896
PROVIDED IN THIS DIVISION, AGGRAVATED VEHICULAR ASSAULT IS a 1,897
felony of the fourth THIRD degree. If AGGRAVATED VEHICULAR 1,899
ASSAULT IS A FELONY OF THE SECOND DEGREE IF, AT THE TIME OF THE 1,900
OFFENSE, THE OFFENDER WAS DRIVING UNDER A SUSPENSION IMPOSED 1,901
UNDER CHAPTER 4507. OR ANY OTHER PROVISION OF THE REVISED CODE OR
IF the offender previously has been convicted of an offense under 1,902
OR PLEADED GUILTY TO A VIOLATION OF this section, section 2903.06 1,904
or 2903.07 of the Revised Code, or section 2903.04 of the Revised 1,905
Code in a case in which the offender was subject to the sanctions 1,906
described in division (D) of that section, aggravated vehicular 1,907
assault is a felony of the third degree. 1,908
If the jury or judge as trier of fact finds that the 1,910
offender was under the influence of alcohol, a drug of abuse, or 1,911
alcohol and a drug of abuse, at the time of the commission of the 1,912
offense, then the offender's driver's or commercial driver's 1,913
45
license or permit or nonresident operating privileges shall be 1,914
permanently revoked pursuant to section 4507.16 of the Revised 1,915
Code. 1,916
When the trier of fact determines whether the offender was 1,918
under the influence of alcohol, a drug of abuse, or alcohol and a 1,919
drug of abuse, the concentration of alcohol in the offender's 1,920
blood, breath, or urine as shown by a chemical test taken 1,921
pursuant to section 1547.111 or 4511.191 of the Revised Code may 1,922
be considered as competent evidence and the offender shall be 1,923
presumed to have been under the influence of alcohol if there was 1,924
at the time the bodily substance was withdrawn for the chemical 1,925
test a concentration of ten-hundredths of one per cent or more by 1,926
weight of alcohol in the offender's blood, ten-hundredths of one 1,927
gram or more by weight of alcohol per two hundred ten liters of 1,928
the offender's breath, or fourteen-hundredths of one gram or more 1,929
by weight of alcohol per one hundred milliliters of the 1,930
offender's urine; ANY TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR 1,931
ASSAULT OFFENSE; THREE PRIOR VIOLATIONS OF SECTION 4511.19 OF THE 1,932
REVISED CODE OR A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE 1,933
WITHIN THE PREVIOUS SIX YEARS; OR A SECOND OR SUBSEQUENT FELONY 1,934
VIOLATION OF DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE. 1,935
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,937
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,939
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,940
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF TWO TO 1,941
TEN YEARS PURSUANT TO SECTION 4507.16 OF THE REVISED CODE OR, IF 1,942
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY 1,943
TO A VIOLATION OF THIS SECTION OR ANY TRAFFIC-RELATED HOMICIDE, 1,944
MANSLAUGHTER, OR ASSAULT OFFENSE, FOR A DEFINITE PERIOD OF THREE 1,945
YEARS TO LIFE PURSUANT TO THAT SECTION. 1,946
(2) WHOEVER VIOLATES DIVISION (A)(2) OF THIS SECTION IS 1,948
GUILTY OF VEHICULAR ASSAULT. EXCEPT AS OTHERWISE PROVIDED IN 1,949
THIS DIVISION, VEHICULAR ASSAULT IS A FELONY OF THE FOURTH 1,950
DEGREE. VEHICULAR ASSAULT IS A FELONY OF THE THIRD DEGREE IF, AT 1,951
46
THE TIME OF THE OFFENSE, THE OFFENDER WAS DRIVING UNDER A 1,952
SUSPENSION IMPOSED UNDER CHAPTER 4507. OF THE REVISED CODE OR IF 1,953
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY 1,954
TO A VIOLATION OF THIS SECTION OR ANY TRAFFIC-RELATED HOMICIDE, 1,955
MANSLAUGHTER, OR ASSAULT OFFENSE. 1,956
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,958
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,960
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,961
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF ONE TO 1,962
FIVE YEARS PURSUANT TO SECTION 4507.16 OF THE REVISED CODE OR, IF 1,963
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY 1,964
TO A VIOLATION OF THIS SECTION OR ANY TRAFFIC-RELATED HOMICIDE, 1,965
MANSLAUGHTER, OR ASSAULT OFFENSE, FOR A DEFINITE PERIOD OF TWO TO 1,966
TEN YEARS PURSUANT TO THAT SECTION. 1,967
(C) If the THE COURT SHALL IMPOSE A MANDATORY PRISON TERM 1,970
ON AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO A 1,971
VIOLATION OF DIVISION (A)(1) OF THIS SECTION. THE COURT SHALL 1,972
IMPOSE A MANDATORY PRISON TERM ON AN OFFENDER WHO IS CONVICTED OF 1,973
OR PLEADS GUILTY TO A VIOLATION OF DIVISION (A)(2) OF THIS 1,974
SECTION IF EITHER OF THE FOLLOWING APPLIES: 1,975
(1) THE offender previously has been convicted of or 1,978
pleaded guilty to a violation of this section, section 2903.04 of 1,979
the Revised Code in a case in which the offender was subject to 1,980
the sanctions described in division (D) of that section, OR 1,981
section 1547.11, 2903.06, 2903.07, 4511.19, or 4511.192 of the 1,982
Revised Code, division (B) or (D) of section 4507.02 of the 1,983
Revised Code, section 4507.38 or 4507.39 of the Revised Code as 1,984
those sections existed prior to September 24, 1986, a municipal 1,985
ordinance that is substantially similar to this section, section 1,986
2903.07, 4511.19, or 4511.192 of the Revised Code, a municipal 1,987
ordinance that is substantially similar to section 4507.38 or 1,988
4507.39 of the Revised Code as those sections existed prior to 1,989
September 24, 1986, or a municipal ordinance that is 1,990
substantially similar to section 2903.04 of the Revised Code in a 1,991
47
case in which the offender would have been subject to the 1,992
sanctions described in division (D) of that section had the 1,993
offender been convicted of a violation of that section, if the 1,994
offender has accumulated twelve points pursuant to section 1,995
4507.021 of the Revised Code within one year of the offense, or 1,996
if in the commission.
(2) AT THE TIME of the offense, the offender was driving 1,999
under suspension or operating a motor vehicle while under the 2,000
influence of alcohol, a drug of abuse, or alcohol and a drug of 2,001
abuse, the offender shall be sentenced to a mandatory prison term 2,002
and is not eligible for a sentence to a community control
sanction pursuant to section 2929.13 of the Revised Code, for 2,003
judicial release pursuant to section 2929.20 of the Revised Code, 2,004
or for a reduction of a stated prison term or a release pursuant 2,005
to section 2967.193 of the Revised Code or any other provision of 2,006
Chapter 2967. or UNDER Chapter 5120. 4507. OR ANY OTHER PROVISION 2,007
of the Revised Code. 2,008
(D) As used in this section, "mandatory: 2,010
(1) "MANDATORY prison term" and "community control 2,013
sanction" have HAS the same meanings MEANING as in section 2,015
2929.01 of the Revised Code.
(2) "TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT 2,017
OFFENSE" HAS THE SAME MEANING AS IN SECTION 2903.06 OF THE 2,018
REVISED CODE.
(E) FOR THE PURPOSES OF THIS SECTION, WHEN A PENALTY OR 2,020
SUSPENSION IS ENHANCED BECAUSE OF A PRIOR OR CURRENT VIOLATION OF 2,021
A SPECIFIED LAW OR A PRIOR OR CURRENT SPECIFIED OFFENSE, THE 2,022
REFERENCE TO THE VIOLATION OF THE SPECIFIED LAW OR THE SPECIFIED 2,023
OFFENSE INCLUDES ANY VIOLATION OF ANY SUBSTANTIALLY EQUIVALENT 2,024
MUNICIPAL ORDINANCE, FORMER LAW OF THIS STATE, OR CURRENT OR 2,025
FORMER LAW OF ANOTHER STATE OR THE UNITED STATES. 2,026
Sec. 2903.09. As used in sections 2903.01 to 2903.08, 2,035
2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code: 2,037
(A) "Unlawful termination of another's pregnancy" means 2,040
48
causing the death of an unborn member of the species homo
sapiens, who is or was carried in the womb of another, as a 2,041
result of injuries inflicted during the period that begins with 2,042
fertilization and that continues unless and until live birth 2,043
occurs.
(B) "Another's unborn" or "such other person's unborn" 2,045
means a member of the species homo sapiens, who is or was carried 2,046
in the womb of another, during a period that begins with 2,047
fertilization and that continues unless and until live birth 2,048
occurs.
(C) Notwithstanding divisions (A) and (B) of this section, 2,051
in no case shall the definitions of the terms "unlawful
termination of another's pregnancy," "another's unborn," and 2,053
"such other person's unborn" that are set forth in division (A) 2,054
of this section be applied or construed in any of the following 2,055
manners:
(1) Except as otherwise provided in division (C)(1) of 2,057
this section, in a manner so that the offense prohibits or is 2,058
construed as prohibiting any pregnant woman or her physician from 2,059
performing an abortion with the actual consent of the pregnant 2,060
woman, with the consent of the pregnant woman implied by law in a 2,062
medical emergency, or with the approval of one otherwise 2,063
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 2,064
described in the immediately preceding sentence may be punished 2,065
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2,066
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 2,067
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 2,069
An abortion that does not violate the conditions described in the 2,070
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 2,071
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 2,072
as a violation of section 2919.12, division (B) of section 2,074
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 2,076
49
Code, as applicable. 2,077
(2) In a manner so that the offense is applied or is 2,080
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that 2,081
results in any of the following: 2,082
(a) Her delivery of a stillborn baby; 2,084
(b) Her causing, in any other manner, the death in utero 2,087
of an unborn that she is carrying;
(c) Her causing the death of her child who is born alive 2,090
but who dies from one or more injuries that are sustained while
the child is an unborn; 2,091
(d) Her causing her child who is born alive to sustain one 2,094
or more injuries while the child is an unborn;
(e) Her causing, threatening to cause, or attempting to 2,097
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 2,098
or a mental illness or condition, regardless of its duration or 2,099
gravity, to an unborn that she is carrying. 2,100
Sec. 2919.22. (A) No person, who is the parent, guardian, 2,109
custodian, person having custody or control, or person in loco 2,110
parentis of a child under eighteen years of age or a mentally or 2,111
physically handicapped child under twenty-one years of age, shall 2,112
create a substantial risk to the health or safety of the child, 2,113
by violating a duty of care, protection, or support. It is not a 2,114
violation of a duty of care, protection, or support under this 2,115
division when the parent, guardian, custodian, or person having 2,116
custody or control of a child treats the physical or mental 2,117
illness or defect of the child by spiritual means through prayer 2,118
alone, in accordance with the tenets of a recognized religious 2,119
body. 2,120
(B) No person shall do any of the following to a child 2,122
under eighteen years of age or a mentally or physically 2,123
handicapped child under twenty-one years of age: 2,124
(1) Abuse the child; 2,126
50
(2) Torture or cruelly abuse the child; 2,128
(3) Administer corporal punishment or other physical 2,130
disciplinary measure, or physically restrain the child in a cruel 2,131
manner or for a prolonged period, which punishment, discipline, 2,132
or restraint is excessive under the circumstances and creates a 2,133
substantial risk of serious physical harm to the child; 2,134
(4) Repeatedly administer unwarranted disciplinary 2,136
measures to the child, when there is a substantial risk that such 2,137
conduct, if continued, will seriously impair or retard the 2,138
child's mental health or development; 2,139
(5) Entice, coerce, permit, encourage, compel, hire, 2,141
employ, use, or allow the child to act, model, or in any other 2,142
way participate in, or be photographed for, the production, 2,143
presentation, dissemination, or advertisement of any material or 2,144
performance that the offender knows or reasonably should know is 2,146
obscene, is sexually oriented matter, or is nudity-oriented 2,147
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 2,149
trackless trolley within this state in violation of division (A) 2,151
of section 4511.19 of the Revised Code when one or more children 2,152
under eighteen years of age are in the vehicle, streetcar, or 2,153
trackless trolley. Notwithstanding any other provision of law, a 2,154
person may be convicted at the same trial or proceeding of a 2,155
violation of this division and a violation of division (A) of 2,156
section 4511.19 of the Revised Code that constitutes the basis of 2,157
the charge of the violation of this division. For purposes of 2,158
section 4511.191 of the Revised Code and all related provisions 2,159
of law, a person arrested for a violation of this division shall 2,160
be considered to be under arrest for operating a vehicle while 2,161
under the influence of alcohol, a drug of abuse, or alcohol and a 2,162
drug of abuse or for operating a vehicle with a prohibited 2,163
concentration of alcohol in the blood, breath, or urine. 2,164
(2) As used in division (C)(1) of this section, "vehicle," 2,166
"streetcar," and "trackless trolley" have the same meanings as in 2,167
51
section 4511.01 of the Revised Code. 2,168
(D)(1) Division (B)(5) of this section does not apply to 2,170
any material or performance that is produced, presented, or 2,171
disseminated for a bona fide medical, scientific, educational, 2,172
religious, governmental, judicial, or other proper purpose, by or 2,173
to a physician, psychologist, sociologist, scientist, teacher, 2,174
person pursuing bona fide studies or research, librarian, 2,175
clergyman MEMBER OF THE CLERGY, prosecutor, judge, or other 2,176
person having a proper interest in the material or performance. 2,178
(2) Mistake of age is not a defense to a charge under 2,180
division (B)(5) of this section. 2,181
(3) In a prosecution under division (B)(5) of this 2,183
section, the trier of fact may infer that an actor, model, or 2,184
participant in the material or performance involved is a juvenile 2,185
if the material or performance, through its title, text, visual 2,186
representation, or otherwise, represents or depicts the actor, 2,187
model, or participant as a juvenile. 2,188
(4) As used in this division and division (B)(5) of this 2,190
section: 2,191
(a) "Material," "performance," "obscene," and "sexual 2,193
activity" have the same meanings as in section 2907.01 of the 2,194
Revised Code. 2,195
(b) "Nudity-oriented matter" means any material or 2,197
performance that shows a minor in a state of nudity and that, 2,198
taken as a whole by the average person applying contemporary 2,199
community standards, appeals to prurient interest. 2,200
(c) "Sexually oriented matter" means any material or 2,202
performance that shows a minor participating or engaging in 2,203
sexual activity, masturbation, or bestiality. 2,204
(E)(1) Whoever violates this section is guilty of 2,206
endangering children. 2,207
(2) If the offender violates division (A) or (B)(1) of 2,209
this section, endangering children is one of the following: 2,210
(a) Except as otherwise provided in division (E)(2)(b), 2,213
52
(c), or (d) of this section, a misdemeanor of the first degree; 2,214
(b) If the offender previously has been convicted of an 2,217
offense under this section or of any offense involving neglect, 2,218
abandonment, contributing to the delinquency of, or physical 2,219
abuse of a child, except as otherwise provided in division 2,220
(E)(2)(c) or (d) of this section, a felony of the fourth degree; 2,221
(c) If the violation is a violation of division (A) of 2,223
this section and results in serious physical harm to the child 2,225
involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1) of 2,228
this section and results in serious physical harm to the child 2,229
involved, a felony of the second degree. 2,230
(3) If the offender violates division (B)(2), (3), or (4) 2,232
of this section, except as otherwise provided in this division, 2,233
endangering children is a felony of the third degree. If the 2,235
violation results in serious physical harm to the child involved, 2,237
or if the offender previously has been convicted of an offense 2,238
under this section or of any offense involving neglect, 2,239
abandonment, contributing to the delinquency of, or physical 2,240
abuse of a child, endangering children is a felony of the second 2,241
degree.
(4) If the offender violates division (B)(5) of this 2,244
section, endangering children is a felony of the second degree. 2,245
(5) If the offender violates division (C) of this section, 2,247
the offender shall be punished as follows: 2,248
(a) Except as otherwise provided in division (E)(5)(b) or 2,251
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 2,253
degree.
(b) If the violation results in serious physical harm to 2,255
the child involved or the offender previously has been convicted 2,256
of an offense under this section or any offense involving 2,257
neglect, abandonment, contributing to the delinquency of, or 2,258
physical abuse of a child, except as otherwise provided in 2,259
53
division (E)(5)(c) of this section, endangering children in 2,261
violation of division (C) of this section is a felony of the 2,263
fifth degree.
(c) If the violation results in serious physical harm to 2,265
the child involved and if the offender previously has been 2,266
convicted of a violation of division (C) of this section, section 2,267
2903.06, 2903.07, or 2903.08 of the Revised Code, SECTION 2903.07 2,268
OF THE REVISED CODE AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF 2,269
THIS AMENDMENT, or section 2903.04 of the Revised Code in a case 2,271
in which the offender was subject to the sanctions described in 2,272
division (D) of that section, endangering children in violation 2,273
of division (C) of this section is a felony of the fourth degree. 2,274
(d) In addition to any term of imprisonment, fine, or 2,276
other sentence, penalty, or sanction it imposes upon the offender 2,277
pursuant to division (E)(5)(a), (b), or (c) of this section or 2,278
pursuant to any other provision of law, the court also may impose 2,279
upon the offender one or both of the following sanctions: 2,280
(i) It may require the offender, as part of the offender's 2,282
sentence and in the manner described in division (F) of this 2,283
section, to perform not more than two hundred hours of supervised 2,284
community service work under the authority of any agency, 2,285
political subdivision, or charitable organization of the type 2,286
described in division (F)(1) of section 2951.02 of the Revised 2,288
Code, provided that the court shall not require the offender to 2,289
perform supervised community service work under this division 2,290
unless the offender agrees to perform the supervised community 2,291
service work.
(ii) It may suspend the driver's or commercial driver's 2,293
license or permit or nonresident operating privilege of the 2,294
offender for up to ninety days, in addition to any suspension or 2,295
revocation of the offender's driver's or commercial driver's 2,296
license or permit or nonresident operating privilege under 2,297
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 2,298
under any other provision of law. 2,299
54
(e) In addition to any term of imprisonment, fine, or 2,301
other sentence, penalty, or sanction imposed upon the offender 2,302
pursuant to division (E)(5)(a), (b), (c), or (d) of this section 2,303
or pursuant to any other provision of law for the violation of 2,304
division (C) of this section, if as part of the same trial or 2,305
proceeding the offender also is convicted of or pleads guilty to 2,306
a separate charge charging the violation of division (A) of 2,307
section 4511.19 of the Revised Code that was the basis of the 2,308
charge of the violation of division (C) of this section, the 2,309
offender also shall be sentenced, in accordance with section 2,310
4511.99 of the Revised Code, for that violation of division (A) 2,311
of section 4511.19 of the Revised Code and also shall be subject 2,312
to all other sanctions that are required or authorized by any 2,313
provision of law for that violation of division (A) of section 2,314
4511.19 of the Revised Code. 2,315
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 2,317
this section, requires an offender to perform supervised 2,318
community service work under the authority of an agency, 2,319
subdivision, or charitable organization, the requirement shall be 2,320
part of the community control sanction or sentence of the 2,321
offender, and the court shall impose the community service in 2,323
accordance with and subject to divisions (F)(1)(a) and (b) of 2,324
this section. The court may require an offender whom it requires 2,325
to perform supervised community service work as part of the 2,326
offender's community control sanction or sentence to pay the 2,327
court a reasonable fee to cover the costs of the offender's 2,329
participation in the work, including, but not limited to, the 2,331
costs of procuring a policy or policies of liability insurance to 2,332
cover the period during which the offender will perform the work. 2,333
If the court requires the offender to perform supervised 2,334
community service work as part of the offender's community 2,335
control sanction or sentence, the court shall do so in accordance 2,336
with the following limitations and criteria: 2,337
(i) The court shall require that the community service 2,339
55
work be performed after completion of the term of imprisonment 2,340
imposed upon the offender for the violation of division (C) of 2,341
this section, if applicable. 2,342
(ii) The supervised community service work shall be 2,344
subject to the limitations set forth in divisions (F)(1)(a) to 2,346
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 2,348
the manner described in division (F)(1)(d) of section 2951.02 of 2,349
the Revised Code by an official or person with the qualifications 2,350
described in that division. The official or person periodically 2,351
shall report in writing to the court concerning the conduct of 2,352
the offender in performing the work.
(iv) The court shall inform the offender in writing that 2,354
if the offender does not adequately perform, as determined by the 2,356
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 2,357
period of time that does not exceed the term of imprisonment that 2,358
the court could have imposed upon the offender for the violation 2,359
of division (C) of this section, reduced by the total amount of 2,360
time that the offender actually was imprisoned under the sentence 2,361
or term that was imposed upon the offender for that violation and 2,362
by the total amount of time that the offender was confined for 2,363
any reason arising out of the offense for which the offender was 2,364
convicted and sentenced as described in sections 2949.08 and 2,366
2967.191 of the Revised Code, and that, if the court orders that 2,367
the offender be so committed, the court is authorized, but not 2,368
required, to grant the offender credit upon the period of the 2,369
commitment for the community service work that the offender 2,370
adequately performed.
(b) If a court, pursuant to this division and division 2,372
(E)(5)(d)(i) of this section, orders an offender to perform 2,373
community service work as part of the offender's community 2,374
control sanction or sentence and if the offender does not 2,376
adequately perform all of the required community service work, as 2,377
56
determined by the court, the court may order that the offender be 2,378
committed to a jail or workhouse for a period of time that does 2,379
not exceed the term of imprisonment that the court could have 2,380
imposed upon the offender for the violation of division (C) of 2,381
this section, reduced by the total amount of time that the 2,382
offender actually was imprisoned under the sentence or term that 2,383
was imposed upon the offender for that violation and by the total 2,384
amount of time that the offender was confined for any reason 2,385
arising out of the offense for which the offender was convicted 2,387
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 2,388
pursuant to this division shall receive hour-for-hour credit upon 2,389
the period of the commitment for the community service work that 2,390
the offender adequately performed. No commitment pursuant to 2,392
this division shall exceed the period of the term of imprisonment 2,393
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 2,394
total amount of time that the offender actually was imprisoned 2,395
under that sentence or term and by the total amount of time that 2,396
the offender was confined for any reason arising out of the 2,397
offense for which the offender was convicted and sentenced as 2,398
described in sections 2949.08 and 2967.191 of the Revised Code. 2,399
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 2,401
not limit or affect the authority of the court to suspend the 2,402
sentence imposed upon a misdemeanor offender and place the 2,403
offender on probation or otherwise suspend the sentence pursuant 2,404
to sections 2929.51 and 2951.02 of the Revised Code, to require 2,405
the misdemeanor offender, as a condition of the offender's 2,406
probation or of otherwise suspending the offender's sentence, to 2,407
perform supervised community service work in accordance with 2,409
division (F) of section 2951.02 of the Revised Code, or to place 2,411
a felony offender under a community control sanction. 2,413
(G)(1) If a court suspends an offender's driver's or 2,415
commercial driver's license or permit or nonresident operating 2,416
57
privilege under division (E)(5)(d)(ii) of this section, the 2,417
period of the suspension shall be consecutive to, and commence 2,418
after, the period of suspension or revocation of the offender's 2,419
driver's or commercial driver's license or permit or nonresident 2,420
operating privilege that is imposed under Chapter 4506., 4507., 2,421
4509., or 4511. of the Revised Code or under any other provision 2,422
of law in relation to the violation of division (C) of this 2,423
section that is the basis of the suspension under division 2,424
(E)(5)(d)(ii) of this section or in relation to the violation of 2,425
division (A) of section 4511.19 of the Revised Code that is the 2,426
basis for that violation of division (C) of this section. 2,427
If an (2) AN OFFENDER IS NOT ENTITLED TO REQUEST, AND THE 2,429
COURT SHALL NOT GRANT TO THE OFFENDER, OCCUPATIONAL DRIVING 2,431
PRIVILEGES UNDER DIVISION (G) OF THIS SECTION IF THE offender's 2,433
license, permit, or privilege has been suspended under division 2,434
(E)(5)(d)(ii) of this section and the offender, within the 2,435
preceding seven years, has been convicted of or pleaded guilty to 2,436
three or more violations of division ONE OR MORE OF THE 2,437
FOLLOWING:
(a) DIVISION (C) of this section, division; 2,440
(b) DIVISION (A) or (B) of section 4511.19 of the Revised 2,443
Code, a;
(c) A municipal ordinance relating to operating a vehicle 2,446
while under the influence of alcohol, a drug of abuse, or alcohol 2,447
and a drug of abuse, a;
(d) A municipal ordinance relating to operating a vehicle 2,450
with a prohibited concentration of alcohol in the blood, breath, 2,451
or urine, section;
(e) SECTION 2903.04 of the Revised Code in a case in which 2,454
the offender was subject to the sanctions described in division 2,455
(D) of that section,2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 2,466
2903.07 of the Revised Code, or a municipal ordinance that is 2,468
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER
section 2903.07 of the Revised Code, in a case in which the jury 2,471
or judge found that the offender was under the influence of 2,472
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a; 2,473
(h) A statute of the United States or of any other state 2,476
or a municipal ordinance of a municipal corporation located in 2,477
any other state that is substantially similar to division (A) or 2,478
(B) of section 4511.19 of the Revised Code, the offender is not 2,479
entitled to request, and the court shall not grant to the 2,480
offender, occupational driving privileges under this division. 2,481
Any.
(3) ANY other offender WHO IS NOT DESCRIBED IN DIVISION 2,484
(G)(2) OF THIS SECTION AND whose license, permit, or nonresident 2,485
operating privilege has been suspended under division 2,486
(E)(5)(d)(ii) of this section may file with the sentencing court 2,487
a petition alleging that the suspension would seriously affect 2,488
the offender's ability to continue employment. Upon satisfactory 2,489
proof that there is reasonable cause to believe that the 2,490
suspension would seriously affect the offender's ability to 2,491
continue employment, the court may grant the offender 2,492
occupational driving privileges during the period during which 2,493
the suspension otherwise would be imposed, except that the court 2,494
shall not grant occupational driving privileges for employment as 2,495
a driver of commercial motor vehicles to any person who is 2,496
disqualified from operating a commercial motor vehicle under 2,497
section 2301.374 or 4506.16 of the Revised Code. 2,498
(H)(1) If a person violates division (C) of this section 2,500
and if, at the time of the violation, there were two or more 2,501
children under eighteen years of age in the motor vehicle 2,502
involved in the violation, the offender may be convicted of a 2,503
violation of division (C) of this section for each of the 2,504
59
children, but the court may sentence the offender for only one of 2,505
the violations. 2,506
(2)(a) If a person is convicted of or pleads guilty to a 2,508
violation of division (C) of this section but the person is not 2,509
also convicted of and does not also plead guilty to a separate 2,510
charge charging the violation of division (A) of section 4511.19 2,511
of the Revised Code that was the basis of the charge of the 2,512
violation of division (C) of this section, both of the following 2,513
apply: 2,514
(i) For purposes of the provisions of section 4511.99 of 2,516
the Revised Code that set forth the penalties and sanctions for a 2,517
violation of division (A) of section 4511.19 of the Revised Code, 2,518
the conviction of or plea of guilty to the violation of division 2,519
(C) of this section shall not constitute a violation of division 2,520
(A) of section 4511.19 of the Revised Code; 2,521
(ii) For purposes of any provision of law that refers to a 2,523
conviction of or plea of guilty to a violation of division (A) of 2,524
section 4511.19 of the Revised Code and that is not described in 2,525
division (H)(2)(a)(i) of this section, the conviction of or plea 2,526
of guilty to the violation of division (C) of this section shall 2,527
constitute a conviction of or plea of guilty to a violation of 2,528
division (A) of section 4511.19 of the Revised Code. 2,529
(b) If a person is convicted of or pleads guilty to a 2,531
violation of division (C) of this section and the person also is 2,532
convicted of or pleads guilty to a separate charge charging the 2,533
violation of division (A) of section 4511.19 of the Revised Code 2,534
that was the basis of the charge of the violation of division (C) 2,535
of this section, the conviction of or plea of guilty to the 2,536
violation of division (C) of this section shall not constitute, 2,537
for purposes of any provision of law that refers to a conviction 2,538
of or plea of guilty to a violation of division (A) of section 2,539
4511.19 of the Revised Code, a conviction of or plea of guilty to 2,540
a violation of division (A) of section 4511.19 of the Revised 2,541
Code. 2,542
60
(I) As used in this section, "community control sanction" 2,545
has the same meaning as in section 2929.01 of the Revised Code. 2,547
Sec. 2923.02. (A) No person, purposely or knowingly, and 2,556
when purpose or knowledge is sufficient culpability for the 2,557
commission of an offense, shall engage in conduct that, if 2,558
successful, would constitute or result in the offense. 2,559
(B) It is no defense to a charge under this section that, 2,561
in retrospect, commission of the offense that was the object of 2,563
the attempt was either factually or legally impossible under the 2,564
attendant circumstances, if that offense could have been 2,565
committed had the attendant circumstances been as the actor 2,566
believed them to be. 2,567
(C) No person who is convicted of committing a specific 2,569
offense, of complicity in the commission of an offense, or of 2,570
conspiracy to commit an offense shall be convicted of an attempt 2,571
to commit the same offense in violation of this section. 2,572
(D) It is an affirmative defense to a charge under this 2,574
section that the actor abandoned the actor's effort to commit the 2,576
offense or otherwise prevented its commission, under 2,577
circumstances manifesting a complete and voluntary renunciation 2,578
of the actor's criminal purpose. 2,580
(E) Whoever violates this section is guilty of an attempt 2,582
to commit an offense. An attempt to commit aggravated murder, 2,583
murder, or an offense for which the maximum penalty is 2,584
imprisonment for life is a felony of the first degree. AN 2,585
ATTEMPT TO COMMIT A DRUG ABUSE OFFENSE FOR WHICH THE PENALTY IS 2,586
DETERMINED BY THE AMOUNT OR NUMBER OF UNIT DOSES OF THE
CONTROLLED SUBSTANCE INVOLVED IN THE DRUG ABUSE OFFENSE IS AN 2,587
OFFENSE OF THE SAME DEGREE AS THE DRUG ABUSE OFFENSE ATTEMPTED 2,588
WOULD BE IF THAT DRUG ABUSE OFFENSE HAD BEEN COMMITTED AND HAD 2,589
INVOLVED AN AMOUNT OR NUMBER OF UNIT DOSES OF THE CONTROLLED 2,590
SUBSTANCE THAT IS WITHIN THE NEXT LOWER RANGE OF CONTROLLED
SUBSTANCE AMOUNTS THAN WAS INVOLVED IN THE ATTEMPT. An attempt 2,591
to commit any other offense is an offense of the next lesser 2,594
61
degree than the offense attempted. In the case of an attempt to 2,595
commit an offense other than a violation of Chapter 3734. of the 2,596
Revised Code that is not specifically classified, an attempt is a 2,597
misdemeanor of the first degree if the offense attempted is a 2,598
felony, and a misdemeanor of the fourth degree if the offense 2,599
attempted is a misdemeanor. In the case of an attempt to commit 2,600
a violation of any provision of Chapter 3734. of the Revised 2,601
Code, other than section 3734.18 of the Revised Code, that 2,602
relates to hazardous wastes, an attempt is a felony punishable by 2,603
a fine of not more than twenty-five thousand dollars or 2,604
imprisonment for not more than eighteen months, or both. An 2,605
attempt to commit a minor misdemeanor, or to engage in 2,606
conspiracy, is not an offense under this section.
(F) AS USED IN THIS SECTION, "DRUG ABUSE OFFENSE" HAS THE 2,608
SAME MEANING AS IN SECTION 2925.01 OF THE REVISED CODE. 2,609
Sec. 2923.162. (A) NO PERSON SHALL DO ANY OF THE 2,611
FOLLOWING:
(1) WITHOUT PERMISSION FROM THE PROPER OFFICIALS AND 2,613
SUBJECT TO DIVISION (B)(1) OF THIS SECTION, DISCHARGE A FIREARM 2,614
UPON OR OVER A CEMETERY OR WITHIN ONE HUNDRED YARDS OF A 2,615
CEMETERY;
(2) SUBJECT TO DIVISION (B)(2) OF THIS SECTION, DISCHARGE 2,617
A FIREARM ON A LAWN, PARK, PLEASURE GROUND, ORCHARD, OR OTHER 2,618
GROUND APPURTENANT TO A SCHOOLHOUSE, CHURCH, OR INHABITED 2,619
DWELLING, THE PROPERTY OF ANOTHER, OR A CHARITABLE INSTITUTION; 2,620
(3) DISCHARGE A FIREARM UPON OR OVER A PUBLIC ROAD OR 2,622
HIGHWAY.
(B)(1) DIVISION (A)(1) OF THIS SECTION DOES NOT APPLY TO A 2,625
PERSON WHO, WHILE ON THE PERSON'S OWN LAND, DISCHARGES A FIREARM.
(2) DIVISION (A)(2) OF THIS SECTION DOES NOT APPLY TO A 2,627
PERSON WHO OWNS ANY TYPE OF PROPERTY DESCRIBED IN THAT DIVISION 2,628
AND WHO, WHILE ON THE PERSON'S OWN ENCLOSURE, DISCHARGES A 2,629
FIREARM.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF DISCHARGE 2,631
62
OF A FIREARM ON OR NEAR PROHIBITED PREMISES. A VIOLATION OF 2,632
DIVISION (A)(1) OR (2) OF THIS SECTION IS A MISDEMEANOR OF THE 2,633
FOURTH DEGREE. A VIOLATION OF DIVISION (A)(3) OF THIS SECTION IS 2,634
A MISDEMEANOR OF THE FIRST DEGREE. 2,635
Sec. 2925.02. (A) No person shall knowingly do any of the 2,644
following: 2,645
(1) By force, threat, or deception, administer to another 2,647
or induce or cause another to use a controlled substance; 2,648
(2) By any means, administer or furnish to another or 2,650
induce or cause another to use a controlled substance with 2,651
purpose to cause serious physical harm to the other person, or 2,652
with purpose to cause the other person to become drug dependent; 2,653
(3) By any means, administer or furnish to another or 2,655
induce or cause another to use a controlled substance, and 2,656
thereby cause serious physical harm to the other person, or cause 2,657
the other person to become drug dependent; 2,658
(4) By any means, do any of the following: 2,660
(a) Furnish or administer a controlled substance to a 2,662
juvenile who is at least two years the offender's junior, when 2,664
the offender knows the age of the juvenile or is reckless in that 2,665
regard;
(b) Induce or cause a juvenile who is at least two years 2,667
the offender's junior to use a controlled substance, when the 2,669
offender knows the age of the juvenile or is reckless in that 2,670
regard;
(c) Induce or cause a juvenile who is at least two years 2,672
the offender's junior to commit a felony drug abuse offense, when 2,674
the offender knows the age of the juvenile or is reckless in that 2,675
regard; 2,676
(d) Use a juvenile, whether or not the offender knows the 2,678
age of the juvenile, to perform any surveillance activity that is 2,679
intended to prevent the detection of the offender or any other 2,680
person in the commission of a felony drug abuse offense or to 2,681
prevent the arrest of the offender or any other person for the 2,682
63
commission of a felony drug abuse offense. 2,683
(B) Division (A)(1), (3), or (4) of this section does not 2,685
apply to manufacturers, wholesalers, licensed health 2,686
professionals authorized to prescribe drugs, pharmacists, owners 2,688
of pharmacies, and other persons whose conduct is in accordance 2,689
with Chapters 3719., 4715., 4729., 4731., and 4741. of the 2,690
Revised Code or section 4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting 2,692
another with drugs. The penalty for the offense shall be 2,693
determined as follows: 2,694
(1) Except as otherwise provided in this division, if the 2,696
drug involved is any compound, mixture, preparation, or substance 2,698
included in schedule I or II, with the exception of marihuana, 2,699
corrupting another with drugs is a felony of the second degree, 2,700
and, subject to division (E) of this section, the court shall 2,701
impose as a mandatory prison term one of the prison terms 2,703
prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance 2,704
included in schedule I or II, with the exception of marihuana, 2,705
and if the offense was committed in the vicinity of a school, 2,706
corrupting another with drugs is a felony of the first degree, 2,707
and, subject to division (E) of this section, the court shall 2,708
impose as a mandatory prison term one of the prison terms 2,709
prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the 2,711
drug involved is any compound, mixture, preparation, or substance 2,712
included in schedule III, IV, or V, corrupting another with drugs 2,713
is a felony of the second degree, and there is a presumption for 2,714
a prison term for the offense. If the drug involved is any 2,715
compound, mixture, preparation, or substance included in schedule 2,716
III, IV, or V and if the offense was committed in the vicinity of 2,717
a school, corrupting another with drugs is a felony of the second 2,718
degree, and the court shall impose as a mandatory prison term one 2,719
of the prison terms prescribed for a felony of the second degree. 2,720
64
(3) Except as otherwise provided in this division, if the 2,722
drug involved is marihuana, corrupting another with drugs is a 2,724
felony of the fourth degree, and division (C) of section 2929.13 2,725
of the Revised Code applies in determining whether to impose a 2,726
prison term on the offender. If the drug involved is marihuana 2,727
and if the offense was committed in the vicinity of a school, 2,728
corrupting another with drugs is a felony of the third degree, 2,729
and division (C) of section 2929.13 of the Revised Code applies 2,730
in determining whether to impose a prison term on the offender. 2,731
(D) In addition to any prison term authorized or required 2,733
by division (C) or (E) of this section and sections 2929.13 and 2,734
2929.14 of the Revised Code and in addition to any other sanction 2,735
imposed for the offense under this section or sections 2929.11 to 2,736
2929.18 of the Revised Code, the court that sentences an offender 2,738
who is convicted of or pleads guilty to a violation of division 2,739
(A) of this section or the clerk of that court shall do all of 2,740
the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 2,743
or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of 2,744
section 2929.18 of the Revised Code unless, as specified in that 2,745
division, the court determines that the offender is indigent. 2,746
(b) Notwithstanding any contrary provision of section 2,748
3719.21 of the Revised Code, any mandatory fine imposed pursuant 2,750
to division (D)(1)(a) of this section and any fine imposed for a 2,751
violation of this section pursuant to division (A) of section 2,752
2929.18 of the Revised Code shall be paid by the clerk of the 2,753
court in accordance with and subject to the requirements of, and 2,754
shall be used as specified in, division (F) of section 2925.03 of 2,755
the Revised Code.
(c) If a person is charged with any violation of this 2,757
section that is a felony of the first, second, or third degree, 2,759
posts bail, and forfeits the bail, the forfeited bail shall be
paid by the clerk of the court pursuant to division (D)(1)(b) of 2,760
65
this section as if it were a fine imposed for a violation of this 2,762
section.
(2) The court either shall revoke or, if it does not 2,765
revoke, shall suspend for not less than six months or more than 2,766
five years, the driver's or commercial driver's license or permit 2,767
of any person who is convicted of or pleads guilty to a violation 2,768
of this section that is a felony of the first degree and shall 2,769
suspend for not less than six months nor more than five years the 2,770
driver's or commercial driver's license or permit of any person 2,771
who is convicted of or pleads guilty to any other violation of 2,772
this section. If an offender's driver's or commercial driver's 2,773
license or permit is revoked pursuant to this division, the 2,774
offender, at any time after the expiration of two years from the 2,775
day on which the offender's sentence was imposed or from the day 2,776
on which the offender finally was released from a prison term 2,777
under the sentence, whichever is later, may file a motion with 2,778
the sentencing court requesting termination of the revocation. 2,779
Upon the filing of the motion and the court's finding of good 2,781
cause for the termination, the court may terminate the 2,782
revocation.
(3) If the offender is a professionally licensed person or 2,784
a person who has been admitted to the bar by order of the supreme 2,785
court in compliance with its prescribed and published rules, in 2,786
addition to any other sanction imposed for a violation of this 2,787
section, the court forthwith shall comply with section 2925.38 of 2,788
the Revised Code. 2,789
(E) Notwithstanding the prison term otherwise authorized 2,791
or required for the offense under division (C) of this section 2,792
and sections 2929.13 and 2929.14 of the Revised Code, if the 2,793
violation of division (A) of this section involves the sale, 2,795
offer to sell, or possession of a schedule I or II controlled 2,797
substance, with the exception of marihuana, and if the COURT 2,799
IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a 2,800
result of the violation, is a major drug offender AND IS GUILTY 2,801
66
OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF 2,802
THE REVISED CODE, the court, in lieu of the prison term that 2,803
otherwise is authorized or required, shall impose upon the 2,805
offender the mandatory prison term specified in division 2,806
(D)(3)(a) of section 2929.14 of the Revised Code and may impose 2,807
an additional prison term under division (D)(3)(b) of that 2,808
section.
Sec. 2925.03. (A) No person shall knowingly sell or offer 2,817
to sell a controlled substance. 2,818
(B) This section does not apply to any of the following: 2,820
(1) Manufacturers, licensed health professionals 2,822
authorized to prescribe drugs, pharmacists, owners of pharmacies, 2,824
and other persons whose conduct is in accordance with Chapters 2,825
3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the 2,826
Revised Code;
(2) If the offense involves an anabolic steroid, any 2,828
person who is conducting or participating in a research project 2,829
involving the use of an anabolic steroid if the project has been 2,830
approved by the United States food and drug administration; 2,831
(3) Any person who sells, offers for sale, prescribes, 2,833
dispenses, or administers for livestock or other nonhuman species 2,834
an anabolic steroid that is expressly intended for administration 2,835
through implants to livestock or other nonhuman species and 2,836
approved for that purpose under the "Federal Food, Drug, and 2,837
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 2,838
and is sold, offered for sale, prescribed, dispensed, or 2,839
administered for that purpose in accordance with that act. 2,840
(C) Whoever violates division (A) of this section is 2,842
guilty of one of the following: 2,843
(1) If the drug involved in the violation is any compound, 2,846
mixture, preparation, or substance included in schedule I or 2,847
schedule II, with the exception of marihuana, cocaine, L.S.D., 2,848
heroin, and hashish, whoever violates division (A) of this 2,850
section is guilty of aggravated trafficking in drugs. The 2,851
67
penalty for the offense shall be determined as follows: 2,852
(a) Except as otherwise provided in division (C)(1)(b), 2,855
(c), (d), (e), or (f) of this section, aggravated trafficking in 2,856
drugs is a felony of the fourth degree, and division (C) of 2,858
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 2,860
(b) Except as otherwise provided in division (C)(1)(c), 2,863
(d), (e), or (f) of this section, if the offense was committed in 2,864
the vicinity of a school or in the vicinity of a juvenile, 2,865
aggravated trafficking in drugs is a felony of the third degree, 2,866
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 2,867
(c) Except as otherwise provided in this division, if the 2,869
amount of the drug involved EQUALS OR exceeds the bulk amount but 2,871
does not exceed IS LESS THAN five times the bulk amount, 2,872
aggravated trafficking in drugs is a felony of the third degree, 2,874
and the court shall impose as a mandatory prison term one of the 2,875
prison terms prescribed for a felony of the third degree. If the 2,876
amount of the drug involved is within that range and if the 2,877
offense was committed in the vicinity of a school or in the 2,878
vicinity of a juvenile, aggravated trafficking in drugs is a 2,879
felony of the second degree, and the court shall impose as a 2,880
mandatory prison term one of the prison terms prescribed for a 2,881
felony of the second degree.
(d) Except as otherwise provided in this division, if the 2,883
amount of the drug involved EQUALS OR exceeds five times the bulk 2,885
amount but does not exceed IS LESS THAN fifty times the bulk 2,886
amount, aggravated trafficking in drugs is a felony of the second 2,887
degree, and the court shall impose as a mandatory prison term one 2,888
of the prison terms prescribed for a felony of the second degree. 2,889
If the amount of the drug involved is within that range and if 2,890
the offense was committed in the vicinity of a school or in the 2,891
vicinity of a juvenile, aggravated trafficking in drugs is a 2,892
felony of the first degree, and the court shall impose as a 2,893
68
mandatory prison term one of the prison terms prescribed for a 2,894
felony of the first degree. 2,895
(e) If the amount of the drug involved EQUALS OR exceeds 2,897
fifty times the bulk amount but does not exceed IS LESS THAN one 2,898
hundred times the bulk amount and regardless of whether the 2,900
offense was committed in the vicinity of a school or in the 2,901
vicinity of a juvenile, aggravated trafficking in drugs is a 2,902
felony of the first degree, and the court shall impose as a 2,903
mandatory prison term one of the prison terms prescribed for a 2,904
felony of the first degree. 2,905
(f) If the amount of the drug involved EQUALS OR exceeds 2,907
one hundred times the bulk amount and regardless of whether the 2,908
offense was committed in the vicinity of a school or in the 2,909
vicinity of a juvenile, aggravated trafficking in drugs is a 2,910
felony of the first degree, THE OFFENDER IS A MAJOR DRUG 2,912
OFFENDER, and the court shall impose as a mandatory prison term 2,913
the maximum prison term prescribed for a felony of the first 2,914
degree and may impose an additional prison term prescribed for a 2,915
major drug offender under division (D)(3)(b) of section 2929.14 2,916
of the Revised Code. 2,917
(2) If the drug involved in the violation is any compound, 2,920
mixture, preparation, or substance included in schedule III, IV, 2,921
or V, whoever violates division (A) of this section is guilty of 2,922
trafficking in drugs. The penalty for the offense shall be 2,923
determined as follows: 2,924
(a) Except as otherwise provided in division (C)(2)(b), 2,927
(c), (d), or (e) of this section, trafficking in drugs is a 2,929
felony of the fifth degree, and division (C) of section 2929.13 2,930
of the Revised Code applies in determining whether to impose a 2,931
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 2,934
(d), or (e) of this section, if the offense was committed in the 2,935
vicinity of a school or in the vicinity of a juvenile, 2,936
trafficking in drugs is a felony of the fourth degree, and 2,937
69
division (C) of section 2929.13 of the Revised Code applies in 2,938
determining whether to impose a prison term on the offender. 2,940
(c) Except as otherwise provided in this division, if the 2,942
amount of the drug involved EQUALS OR exceeds the bulk amount but 2,944
does not exceed IS LESS THAN five times the bulk amount, 2,945
trafficking in drugs is a felony of the fourth degree, and there 2,947
is a presumption for a prison term for the offense. If the 2,948
amount of the drug involved is within that range and if the 2,949
offense was committed in the vicinity of a school or in the 2,950
vicinity of a juvenile, trafficking in drugs is a felony of the 2,951
third degree, and there is a presumption for a prison term for 2,952
the offense.
(d) Except as otherwise provided in this division, if the 2,954
amount of the drug involved EQUALS OR exceeds five times the bulk 2,956
amount but does not exceed IS LESS THAN fifty times the bulk 2,958
amount, trafficking in drugs is a felony of the third degree, and
there is a presumption for a prison term for the offense. If the 2,960
amount of the drug involved is within that range and if the 2,961
offense was committed in the vicinity of a school or in the 2,962
vicinity of a juvenile, trafficking in drugs is a felony of the 2,963
second degree, and there is a presumption for a prison term for 2,964
the offense.
(e) Except as otherwise provided in this division, if the 2,966
amount of the drug involved EQUALS OR exceeds fifty times the 2,968
bulk amount, trafficking in drugs is a felony of the second
degree, and the court shall impose as a mandatory prison term one 2,970
of the prison terms prescribed for a felony of the second degree. 2,971
If the amount of the drug involved EQUALS OR exceeds fifty times 2,972
the bulk amount and if the offense was committed in the vicinity 2,974
of a school or in the vicinity of a juvenile, trafficking in 2,975
drugs is a felony of the first degree, and the court shall impose 2,976
as a mandatory prison term one of the prison terms prescribed for 2,977
a felony of the first degree. 2,978
(3) If the drug involved in the violation is marihuana or 2,980
70
a compound, mixture, preparation, or substance containing 2,981
marihuana other than hashish, whoever violates division (A) of 2,983
this section is guilty of trafficking in marihuana. The penalty 2,984
for the offense shall be determined as follows: 2,985
(a) Except as otherwise provided in division (C)(3)(b), 2,988
(c), (d), (e), (f), or (g) of this section, trafficking in 2,989
marihuana is a felony of the fifth degree, and division (C) of 2,992
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 2,993
(b) Except as otherwise provided in division (C)(3)(c), 2,996
(d), (e), (f), or (g) of this section, if the offense was 2,998
committed in the vicinity of a school or in the vicinity of a 2,999
juvenile, trafficking in marihuana is a felony of the fourth 3,000
degree, and division (C) of section 2929.13 of the Revised Code 3,001
applies in determining whether to impose a prison term on the 3,002
offender.
(c) Except as otherwise provided in this division, if the 3,004
amount of the drug involved EQUALS OR exceeds two hundred grams 3,006
but does not exceed IS LESS THAN one thousand grams, trafficking 3,007
in marihuana is a felony of the fourth degree, and division (C) 3,009
of section 2929.13 of the Revised Code applies in determining 3,010
whether to impose a prison term on the offender. If the amount 3,011
of the drug involved is within that range and if the offense was 3,012
committed in the vicinity of a school or in the vicinity of a 3,013
juvenile, trafficking in marihuana is a felony of the third 3,014
degree, and division (C) of section 2929.13 of the Revised Code 3,015
applies in determining whether to impose a prison term on the 3,017
offender.
(d) Except as otherwise provided in this division, if the 3,019
amount of the drug involved EQUALS OR exceeds one thousand grams 3,021
but does not exceed IS LESS THAN five thousand grams, trafficking 3,022
in marihuana is a felony of the third degree, and division (C) of 3,024
section 2929.13 of the Revised Code applies in determining 3,026
whether to impose a prison term on the offender. If the amount
71
of the drug involved is within that range and if the offense was 3,028
committed in the vicinity of a school or in the vicinity of a 3,029
juvenile, trafficking in marihuana is a felony of the second 3,030
degree, and there is a presumption that a prison term shall be 3,031
imposed for the offense.
(e) Except as otherwise provided in this division, if the 3,033
amount of the drug involved EQUALS OR exceeds five thousand grams 3,035
but does not exceed IS LESS THAN twenty thousand grams, 3,036
trafficking in marihuana is a felony of the third degree, and 3,038
there is a presumption that a prison term shall be imposed for 3,039
the offense. If the amount of the drug involved is within that 3,040
range and if the offense was committed in the vicinity of a 3,041
school or in the vicinity of a juvenile, trafficking in marihuana 3,042
is a felony of the second degree, and there is a presumption that 3,043
a prison term shall be imposed for the offense. 3,044
(f) Except as otherwise provided in this division, if the 3,046
amount of the drug involved EQUALS OR exceeds twenty thousand 3,048
grams, trafficking in marihuana is a felony of the second degree, 3,049
and the court shall impose as a mandatory prison term the maximum 3,050
prison term prescribed for a felony of the second degree. If the 3,051
amount of the drug involved EQUALS OR exceeds twenty thousand 3,052
grams and if the offense was committed in the vicinity of a 3,054
school or in the vicinity of a juvenile, trafficking in marihuana 3,055
is a felony of the first degree, and the court shall impose as a 3,056
mandatory prison term the maximum prison term prescribed for a 3,057
felony of the first degree. 3,058
(g) Except as otherwise provided in this division, if the 3,061
offense involves a gift of twenty grams or less of marihuana, 3,062
trafficking in marihuana is a minor misdemeanor upon a first 3,063
offense and a misdemeanor of the third degree upon a subsequent 3,064
offense. If the offense involves a gift of twenty grams or less 3,065
of marihuana and if the offense was committed in the vicinity of 3,066
a school or in the vicinity of a juvenile, trafficking in 3,067
marihuana is a misdemeanor of the third degree.
72
(4) If the drug involved in the violation is cocaine or a 3,069
compound, mixture, preparation, or substance containing cocaine, 3,070
whoever violates division (A) of this section is guilty of 3,072
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 3,073
(a) Except as otherwise provided in division (C)(4)(b), 3,076
(c), (d), (e), (f), or (g) of this section, trafficking in 3,077
cocaine is a felony of the fifth degree, and division (C) of 3,079
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 3,081
(b) Except as otherwise provided in division (C)(4)(c), 3,084
(d), (e), (f), or (g) of this section, if the offense was 3,085
committed in the vicinity of a school or in the vicinity of a 3,087
juvenile, trafficking in cocaine is a felony of the fourth 3,088
degree, and division (C) of section 2929.13 of the Revised Code 3,089
applies in determining whether to impose a prison term on the 3,091
offender.
(c) Except as otherwise provided in this division, if the 3,093
amount of the drug involved EQUALS OR exceeds five grams but does 3,094
not exceed IS LESS THAN ten grams of cocaine that is not crack 3,097
cocaine or EQUALS OR exceeds one gram but does not exceed IS LESS 3,098
THAN five grams of crack cocaine, trafficking in cocaine is a 3,099
felony of the fourth degree, and there is a presumption for a 3,100
prison term for the offense. If the amount of the drug involved 3,101
is within one of those ranges and if the offense was committed in 3,102
the vicinity of a school or in the vicinity of a juvenile, 3,103
trafficking in cocaine is a felony of the third degree, and there 3,104
is a presumption for a prison term for the offense. 3,105
(d) Except as otherwise provided in this division, if the 3,107
amount of the drug involved EQUALS OR exceeds ten grams but does 3,108
not exceed IS LESS THAN one hundred grams of cocaine that is not 3,110
crack cocaine or EQUALS OR exceeds five grams but does not exceed 3,112
IS LESS THAN ten grams of crack cocaine, trafficking in cocaine 3,113
is a felony of the third degree, and the court shall impose as a 3,114
73
mandatory prison term one of the prison terms prescribed for a 3,115
felony of the third degree. If the amount of the drug involved 3,116
is within one of those ranges and if the offense was committed in 3,118
the vicinity of a school or in the vicinity of a juvenile, 3,119
trafficking in cocaine is a felony of the second degree, and the 3,122
court shall impose as a mandatory prison term one of the prison 3,123
terms prescribed for a felony of the second degree. 3,124
(e) Except as otherwise provided in this division, if the 3,126
amount of the drug involved EQUALS OR exceeds one hundred grams 3,127
but does not exceed IS LESS THAN five hundred grams of cocaine 3,129
that is not crack cocaine or EQUALS OR exceeds ten grams but does 3,131
not exceed IS LESS THAN twenty-five grams of crack cocaine, 3,132
trafficking in cocaine is a felony of the second degree, and the 3,134
court shall impose as a mandatory prison term one of the prison 3,135
terms prescribed for a felony of the second degree. If the 3,136
amount of the drug involved is within one of those ranges and if 3,138
the offense was committed in the vicinity of a school or in the 3,139
vicinity of a juvenile, trafficking in cocaine is a felony of the 3,142
first degree, and the court shall impose as a mandatory prison 3,143
term one of the prison terms prescribed for a felony of the first 3,144
degree.
(f) If the amount of the drug involved EQUALS OR exceeds 3,146
five hundred grams but does not exceed IS LESS THAN one thousand 3,147
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 3,150
twenty-five grams but does not exceed IS LESS THAN one hundred 3,151
grams of crack cocaine and regardless of whether the offense was 3,153
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in cocaine is a felony of the first degree, 3,156
and the court shall impose as a mandatory prison term one of the 3,157
prison terms prescribed for a felony of the first degree. 3,158
(g) If the amount of the drug involved EQUALS OR exceeds 3,160
one thousand grams of cocaine that is not crack cocaine or EQUALS 3,162
OR exceeds one hundred grams of crack cocaine and regardless of 3,164
whether the offense was committed in the vicinity of a school or 3,165
74
in the vicinity of a juvenile, trafficking in cocaine is a felony 3,166
of the first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and 3,168
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may 3,169
impose an additional mandatory prison term prescribed for a major 3,170
drug offender under division (D)(3)(b) of section 2929.14 of the 3,172
Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 3,175
compound, mixture, preparation, or substance containing L.S.D., 3,176
whoever violates division (A) of this section is guilty of 3,177
trafficking in L.S.D. The penalty for the offense shall be 3,179
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 3,182
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 3,184
is a felony of the fifth degree, and division (C) of section 3,185
2929.13 of the Revised Code applies in determining whether to 3,187
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 3,190
(d), (e), (f), or (g) of this section, if the offense was 3,191
committed in the vicinity of a school or in the vicinity of a 3,192
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 3,194
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 3,195
(c) Except as otherwise provided in this division, if the 3,197
amount of the drug involved EQUALS OR exceeds ten unit doses but 3,199
does not exceed IS LESS THAN fifty unit doses of L.S.D. in a 3,200
solid form or EQUALS OR exceeds one gram but does not exceed IS 3,202
LESS THAN five grams of L.S.D. in a liquid concentrate, liquid 3,203
extract, or liquid distillate form, trafficking in L.S.D. is a 3,206
felony of the fourth degree, and there is a presumption for a 3,207
prison term for the offense. If the amount of the drug involved 3,208
is within that range and if the offense was committed in the 3,209
vicinity of a school or in the vicinity of a juvenile, 3,210
trafficking in L.S.D. is a felony of the third degree, and there 3,212
75
is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the 3,214
amount of the drug involved EQUALS OR exceeds fifty unit doses 3,216
but does not exceed IS LESS THAN two hundred fifty unit doses of 3,218
L.S.D. in a solid form or EQUALS OR exceeds five grams but does 3,219
not exceed IS LESS THAN twenty-five grams of L.S.D. in a liquid 3,220
concentrate, liquid extract, or liquid distillate form, 3,222
trafficking in L.S.D. is a felony of the third degree, and the 3,226
court shall impose as a mandatory prison term one of the prison 3,227
terms prescribed for a felony of the third degree. If the amount 3,228
of the drug involved is within that range and if the offense was 3,229
committed in the vicinity of a school or in the vicinity of a 3,230
juvenile, trafficking in L.S.D. is a felony of the second degree, 3,231
and the court shall impose as a mandatory prison term one of the 3,232
prison terms prescribed for a felony of the second degree. 3,233
(e) Except as otherwise provided in this division, if the 3,235
amount of the drug involved EQUALS OR exceeds two hundred fifty 3,237
unit doses but does not exceed IS LESS THAN one thousand unit 3,239
doses of L.S.D. in a solid form or EQUALS OR exceeds twenty-five 3,240
grams but does not exceed IS LESS THAN one hundred grams of 3,242
L.S.D. in a liquid concentrate, liquid extract, or liquid 3,244
distillate form, trafficking in L.S.D. is a felony of the second 3,246
degree, and the court shall impose as a mandatory prison term one 3,247
of the prison terms prescribed for a felony of the second degree. 3,248
If the amount of the drug involved is within that range and if 3,249
the offense was committed in the vicinity of a school or in the 3,250
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 3,252
first degree, and the court shall impose as a mandatory prison 3,253
term one of the prison terms prescribed for a felony of the first 3,254
degree.
(f) If the amount of the drug involved EQUALS OR exceeds 3,256
one thousand unit doses but does not exceed IS LESS THAN five 3,257
thousand unit doses of L.S.D. in a solid form or EQUALS OR 3,260
exceeds one hundred grams but does not exceed IS LESS THAN five 3,262
76
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 3,264
or liquid distillate form and regardless of whether the offense 3,265
was committed in the vicinity of a school or in the vicinity of a 3,266
juvenile, trafficking in L.S.D. is a felony of the first degree, 3,268
and the court shall impose as a mandatory prison term one of the 3,269
prison terms prescribed for a felony of the first degree. 3,270
(g) If the amount of the drug involved EQUALS OR exceeds 3,272
five thousand unit doses of L.S.D. in a solid form or EQUALS OR 3,274
exceeds five hundred grams of L.S.D. in a liquid concentrate, 3,276
liquid extract, or liquid distillate form and regardless of 3,279
whether the offense was committed in the vicinity of a school or 3,280
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 3,283
of the first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and 3,284
the court shall impose as a mandatory prison term the maximum 3,285
prison term prescribed for a felony of the first degree and may 3,286
impose an additional mandatory prison term prescribed for a major 3,287
drug offender under division (D)(3)(b) of section 2929.14 of the 3,289
Revised Code.
(6) If the drug involved in the violation is heroin or a 3,291
compound, mixture, preparation, or substance containing heroin, 3,292
whoever violates division (A) of this section is guilty of 3,294
trafficking in heroin. The penalty for the offense shall be
determined as follows: 3,295
(a) Except as otherwise provided in division (C)(6)(b), 3,298
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 3,300
is a felony of the fifth degree, and division (C) of section 3,301
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 3,303
(b) Except as otherwise provided in division (C)(6)(c), 3,306
(d), (e), (f), or (g) of this section, if the offense was 3,307
committed in the vicinity of a school or in the vicinity of a 3,310
juvenile, trafficking in heroin is a felony of the fourth degree, 3,311
and division (C) of section 2929.13 of the Revised Code applies 3,313
in determining whether to impose a prison term on the offender.
77
(c) Except as otherwise provided in this division, if the 3,315
amount of the drug involved EQUALS OR EXCEEDS TEN UNIT DOSES BUT 3,316
IS LESS THAN FIFTY UNIT DOSES OR EQUALS OR exceeds one gram but 3,318
does not exceed IS LESS THAN five grams, trafficking in heroin is 3,319
a felony of the fourth degree, and there is a presumption for a 3,321
prison term for the offense. If the amount of the drug involved 3,322
is within that range and if the offense was committed in the 3,323
vicinity of a school or in the vicinity of a juvenile, 3,324
trafficking in heroin is a felony of the third degree, and there 3,325
is a presumption for a prison term for the offense. 3,326
(d) Except as otherwise provided in this division, if the 3,328
amount of the drug involved EQUALS OR EXCEEDS FIFTY UNIT DOSES 3,329
BUT IS LESS THAN ONE HUNDRED UNIT DOSES OR EQUALS OR exceeds five 3,330
grams but does not exceed IS LESS THAN ten grams, trafficking in 3,331
heroin is a felony of the third degree, and there is a 3,334
presumption for a prison term for the offense. If the amount of 3,335
the drug involved is within that range and if the offense was 3,336
committed in the vicinity of a school or in the vicinity of a 3,337
juvenile, trafficking in heroin is a felony of the second degree, 3,338
and there is a presumption for a prison term for the offense. 3,339
(e) Except as otherwise provided in this division, if the 3,341
amount of the drug involved EQUALS OR EXCEEDS ONE HUNDRED UNIT 3,342
DOSES BUT IS LESS THAN FIVE HUNDRED UNIT DOSES OR EQUALS OR 3,343
exceeds ten grams but does not exceed IS LESS THAN fifty grams, 3,344
trafficking in heroin is a felony of the second degree, and the 3,347
court shall impose as a mandatory prison term one of the prison 3,348
terms prescribed for a felony of the second degree. If the 3,349
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 3,350
vicinity of a juvenile, trafficking in heroin is a felony of the 3,351
first degree, and the court shall impose as a mandatory prison 3,352
term one of the prison terms prescribed for a felony of the first 3,353
degree. 3,354
(f) If the amount of the drug involved EQUALS OR EXCEEDS 3,356
78
FIVE HUNDRED UNIT DOSES BUT IS LESS THAN TWO THOUSAND FIVE 3,357
HUNDRED UNIT DOSES OR EQUALS OR exceeds fifty grams but does not 3,359
exceed IS LESS THAN two hundred fifty grams and regardless of 3,360
whether the offense was committed in the vicinity of a school or 3,361
in the vicinity of a juvenile, trafficking in heroin is a felony 3,363
of the first degree, and the court shall impose as a mandatory 3,364
prison term one of the prison terms prescribed for a felony of 3,365
the first degree.
(g) If the amount of the drug involved EQUALS OR EXCEEDS 3,367
TWO THOUSAND FIVE HUNDRED UNIT DOSES OR EQUALS OR exceeds two 3,369
hundred fifty grams and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a 3,370
juvenile, trafficking in heroin is a felony of the first degree, 3,372
THE OFFENDER IS A MAJOR DRUG OFFENDER, and the court shall impose 3,373
as a mandatory prison term the maximum prison term prescribed for 3,374
a felony of the first degree and may impose an additional 3,375
mandatory prison term prescribed for a major drug offender under 3,376
division (D)(3)(b) of section 2929.14 of the Revised Code. 3,378
(7) If the drug involved in the violation is hashish or a 3,380
compound, mixture, preparation, or substance containing hashish, 3,381
whoever violates division (A) of this section is guilty of 3,383
trafficking in hashish. The penalty for the offense shall be
determined as follows: 3,384
(a) Except as otherwise provided in division (C)(7)(b), 3,387
(c), (d), (e), or (f) of this section, trafficking in hashish is 3,389
a felony of the fifth degree, and division (C) of section 2929.13 3,390
of the Revised Code applies in determining whether to impose a 3,392
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 3,395
(d), (e), or (f) of this section, if the offense was committed in 3,396
the vicinity of a school or in the vicinity of a juvenile, 3,398
trafficking in hashish is a felony of the fourth degree, and 3,399
division (C) of section 2929.13 of the Revised Code applies in 3,400
determining whether to impose a prison term on the offender. 3,401
79
(c) Except as otherwise provided in this division, if the 3,403
amount of the drug involved EQUALS OR exceeds ten grams but does 3,404
not exceed IS LESS THAN fifty grams of hashish in a solid form or 3,406
EQUALS OR exceeds two grams but does not exceed IS LESS THAN ten 3,407
grams of hashish in a liquid concentrate, liquid extract, or 3,408
liquid distillate form, trafficking in hashish is a felony of the 3,409
fourth degree, and division (C) of section 2929.13 of the Revised 3,410
Code applies in determining whether to impose a prison term on 3,411
the offender. If the amount of the drug involved is within that 3,412
range and if the offense was committed in the vicinity of a 3,413
school or in the vicinity of a juvenile, trafficking in hashish 3,414
is a felony of the third degree, and division (C) of section 3,415
2929.13 of the Revised Code applies in determining whether to 3,417
impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 3,419
amount of the drug involved EQUALS OR exceeds fifty grams but 3,420
does not exceed IS LESS THAN two hundred fifty grams of hashish 3,422
in a solid form or EQUALS OR exceeds ten grams but does not 3,423
exceed IS LESS THAN fifty grams of hashish in a liquid 3,424
concentrate, liquid extract, or liquid distillate form, 3,425
trafficking in hashish is a felony of the third degree, and 3,427
division (C) of section 2929.13 of the Revised Code applies in 3,428
determining whether to impose a prison term on the offender. If 3,429
the amount of the drug involved is within that range and if the 3,431
offense was committed in the vicinity of a school or in the 3,432
vicinity of a juvenile, trafficking in hashish is a felony of the 3,433
second degree, and there is a presumption that a prison term 3,434
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 3,436
amount of the drug involved EQUALS OR exceeds two hundred fifty 3,437
grams but does not exceed IS LESS THAN one thousand grams of 3,439
hashish in a solid form or EQUALS OR exceeds fifty grams but does 3,440
not exceed IS LESS THAN two hundred grams of hashish in a liquid 3,441
concentrate, liquid extract, or liquid distillate form, 3,444
80
trafficking in hashish is a felony of the third degree, and there 3,445
is a presumption that a prison term shall be imposed for the 3,446
offense. If the amount of the drug involved is within that range 3,447
and if the offense was committed in the vicinity of a school or 3,448
in the vicinity of a juvenile, trafficking in hashish is a felony 3,449
of the second degree, and there is a presumption that a prison
term shall be imposed for the offense. 3,450
(f) Except as otherwise provided in this division, if the 3,452
amount of the drug involved EQUALS OR exceeds one thousand grams 3,454
of hashish in a solid form or EQUALS OR exceeds two hundred grams 3,455
of hashish in a liquid concentrate, liquid extract, or liquid 3,456
distillate form, trafficking in hashish is a felony of the second 3,458
degree, and the court shall impose as a mandatory prison term the 3,459
maximum prison term prescribed for a felony of the second degree. 3,460
If the amount of the drug involved exceeds one thousand grams of 3,462
hashish in a solid form or exceeds two hundred grams of hashish 3,464
in a liquid concentrate, liquid extract, or liquid distillate
form IS WITHIN THAT RANGE and if the offense was committed in the 3,466
vicinity of a school or in the vicinity of a juvenile, 3,467
trafficking in hashish is a felony of the first degree, and the 3,469
court shall impose as a mandatory prison term the maximum prison 3,470
term prescribed for a felony of the first degree.
(D) In addition to any prison term authorized or required 3,473
by division (C) of this section and sections 2929.13 and 2929.14 3,474
of the Revised Code, and in addition to any other sanction 3,475
imposed for the offense under this section or sections 2929.11 to 3,476
2929.18 of the Revised Code, the court that sentences an offender 3,477
who is convicted of or pleads guilty to a violation of division 3,478
(A) of this section shall do all of the following that are 3,480
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 3,483
felony of the first, second, or third degree, the court shall 3,484
impose upon the offender the mandatory fine specified for the 3,485
offense under division (B)(1) of section 2929.18 of the Revised 3,486
81
Code unless, as specified in that division, the court determines 3,487
that the offender is indigent. Except as otherwise provided in 3,488
division (H)(1) of this section, a mandatory fine or any other 3,489
fine imposed for a violation of this section is subject to 3,490
division (F) of this section. If a person is charged with a 3,491
violation of this section that is a felony of the first, second, 3,492
or third degree, posts bail, and forfeits the bail, the clerk of 3,493
the court shall pay the forfeited bail pursuant to divisions 3,495
(D)(1) and (F) of this section, as if the forfeited bail was a 3,496
fine imposed for a violation of this section. If any amount of 3,497
the forfeited bail remains after that payment and if a fine is 3,498
imposed under division (H)(1) of this section, the clerk of the 3,499
court shall pay the remaining amount of the forfeited bail 3,500
pursuant to divisions (H)(2) and (3) of this section, as if that 3,501
remaining amount was a fine imposed under division (H)(1) of this
section. 3,502
(2) The court shall revoke or suspend the driver's or 3,504
commercial driver's license or permit of the offender in 3,505
accordance with division (G) of this section. 3,506
(3) If the offender is a professionally licensed person or 3,509
a person who has been admitted to the bar by order of the supreme 3,510
court in compliance with its prescribed and published rules, the 3,511
court forthwith shall comply with section 2925.38 of the Revised 3,512
Code.
(E) When a person is charged with the sale of or offer to 3,515
sell a bulk amount or a multiple of a bulk amount of a controlled 3,516
substance, the jury, or the court trying the accused, shall 3,518
determine the amount of the controlled substance involved at the 3,519
time of the offense and, if a guilty verdict is returned, shall 3,520
return the findings as part of the verdict. In any such case, it 3,521
is unnecessary to find and return the exact amount of the 3,522
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 3,523
controlled substance involved is the requisite amount, or that 3,525
82
the amount of the controlled substance involved is less than the 3,526
requisite amount. 3,527
(F)(1) Notwithstanding any contrary provision of section 3,529
3719.21 of the Revised Code and except as provided in division 3,530
(H) of this section, the clerk of the court shall pay any 3,531
mandatory fine imposed pursuant to division (D)(1) of this 3,532
section and any fine other than a mandatory fine that is imposed 3,533
for a violation of this section pursuant to division (A) or 3,534
(B)(5) of section 2929.18 of the Revised Code to the county, 3,536
township, municipal corporation, park district, as created 3,537
pursuant to section 511.18 or 1545.04 of the Revised Code, or 3,538
state law enforcement agencies in this state that primarily were 3,539
responsible for or involved in making the arrest of, and in 3,540
prosecuting, the offender. However, the clerk shall not pay a 3,541
mandatory fine so imposed to a law enforcement agency unless the 3,542
agency has adopted a written internal control policy under 3,543
division (F)(2) of this section that addresses the use of the 3,545
fine moneys that it receives. Each agency shall use the 3,547
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 3,549
written internal control policy adopted by the recipient agency 3,550
under division (F)(2) of this section. 3,551
(2)(a) Prior to receiving any fine moneys under division 3,553
(F)(1) of this section or division (B)(5) of section 2925.42 of 3,554
the Revised Code, a law enforcement agency shall adopt a written 3,555
internal control policy that addresses the agency's use and 3,556
disposition of all fine moneys so received and that provides for 3,557
the keeping of detailed financial records of the receipts of 3,558
those fine moneys, the general types of expenditures made out of 3,559
those fine moneys, and the specific amount of each general type 3,560
of expenditure. The policy shall not provide for or permit the 3,561
identification of any specific expenditure that is made in an 3,562
ongoing investigation. All financial records of the receipts of 3,563
those fine moneys, the general types of expenditures made out of 3,564
83
those fine moneys, and the specific amount of each general type 3,565
of expenditure by an agency are public records open for 3,566
inspection under section 149.43 of the Revised Code. 3,567
Additionally, a written internal control policy adopted under 3,568
this division is such a public record, and the agency that 3,569
adopted it shall comply with it. 3,570
(b) Each law enforcement agency that receives in any 3,572
calendar year any fine moneys under division (F)(1) of this 3,573
section or division (B)(5) of section 2925.42 of the Revised Code 3,574
shall prepare a report covering the calendar year that cumulates 3,575
all of the information contained in all of the public financial 3,576
records kept by the agency pursuant to division (F)(2)(a) of this 3,577
section for that calendar year, and shall send a copy of the 3,578
cumulative report, no later than the first day of March in the 3,579
calendar year following the calendar year covered by the report, 3,580
to the attorney general. Each report received by the attorney 3,581
general is a public record open for inspection under section 3,582
149.43 of the Revised Code. Not later than the fifteenth day of 3,584
April in the calendar year in which the reports are received, the 3,585
attorney general shall send to the president of the senate and 3,587
the speaker of the house of representatives a written 3,588
notification that does all of the following:
(i) Indicates that the attorney general has received from 3,590
law enforcement agencies reports of the type described in this 3,591
division that cover the previous calendar year and indicates that 3,594
the reports were received under this division; 3,595
(ii) Indicates that the reports are open for inspection 3,598
under section 149.43 of the Revised Code; 3,599
(iii) Indicates that the attorney general will provide a 3,602
copy of any or all of the reports to the president of the senate 3,603
or the speaker of the house of representatives upon request. 3,604
(3) As used in division (F) of this section: 3,607
(a) "Law enforcement agencies" includes, but is not 3,609
limited to, the state board of pharmacy and the office of a 3,610
84
prosecutor. 3,611
(b) "Prosecutor" has the same meaning as in section 3,613
2935.01 of the Revised Code. 3,614
(G) When required under division (D)(2) of this section, 3,618
the court either shall revoke or, if it does not revoke, shall 3,619
suspend for not less than six months or more than five years, the 3,620
driver's or commercial driver's license or permit of any person 3,622
who is convicted of or pleads guilty to a violation of this 3,624
section that is a felony of the first degree and shall suspend 3,625
for not less than six months or more than five years the driver's 3,627
or commercial driver's license or permit of any person who is 3,629
convicted of or pleads guilty to any other violation of this 3,630
section. If an offender's driver's or commercial driver's 3,631
license or permit is revoked pursuant to this division, the 3,633
offender, at any time after the expiration of two years from the 3,634
day on which the offender's sentence was imposed or from the day 3,635
on which the offender finally was released from a prison term 3,638
under the sentence, whichever is later, may file a motion with 3,639
the sentencing court requesting termination of the revocation; 3,640
upon the filing of such a motion and the court's finding of good 3,641
cause for the termination, the court may terminate the 3,642
revocation.
(H)(1) In addition to any prison term authorized or 3,645
required by division (C) of this section and sections 2929.13 and 3,646
2929.14 of the Revised Code, in addition to any other penalty or 3,648
sanction imposed for the offense under this section or sections 3,649
2929.11 to 2929.181 2929.18 of the Revised Code, and in addition 3,650
to the forfeiture of property in connection with the offense as 3,651
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 3,653
the court that sentences an offender who is convicted of or 3,654
pleads guilty to a violation of division (A) of this section may 3,655
impose upon the offender an additional fine specified for the 3,656
offense in division (B)(4) of section 2929.18 of the Revised 3,658
Code. A fine imposed under division (H)(1) of this section is 3,660
85
not subject to division (F) of this section and shall be used 3,661
solely for the support of one or more eligible alcohol and drug 3,662
addiction programs in accordance with divisions (H)(2) and (3) of 3,663
this section.
(2) The court that imposes a fine under division (H)(1) of 3,666
this section shall specify in the judgment that imposes the fine 3,667
one or more eligible alcohol and drug addiction programs for the 3,668
support of which the fine money is to be used. No alcohol and 3,669
drug addiction program shall receive or use money paid or 3,670
collected in satisfaction of a fine imposed under division (H)(1) 3,672
of this section unless the program is specified in the judgment 3,673
that imposes the fine. No alcohol and drug addiction program 3,674
shall be specified in the judgment unless the program is an 3,675
eligible alcohol and drug addiction program and, except as 3,676
otherwise provided in division (H)(2) of this section, unless the 3,678
program is located in the county in which the court that imposes 3,679
the fine is located or in a county that is immediately contiguous 3,680
to the county in which that court is located. If no eligible 3,681
alcohol and drug addiction program is located in any of those 3,682
counties, the judgment may specify an eligible alcohol and drug 3,683
addiction program that is located anywhere within this state. 3,684
(3) Notwithstanding any contrary provision of section 3,686
3719.21 of the Revised Code, the clerk of the court shall pay any 3,688
fine imposed under division (H)(1) of this section to the 3,689
eligible alcohol and drug addiction program specified pursuant to 3,690
division (H)(2) of this section in the judgment. The eligible 3,691
alcohol and drug addiction program that receives the fine moneys 3,692
shall use the moneys only for the alcohol and drug addiction 3,693
services identified in the application for certification under 3,694
section 3793.06 of the Revised Code or in the application for a 3,695
license under section 3793.11 of the Revised Code filed with the 3,697
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 3,698
(4) Each alcohol and drug addiction program that receives 3,700
86
in a calendar year any fine moneys under division (H)(3) of this 3,702
section shall file an annual report covering that calendar year 3,703
with the court of common pleas and the board of county 3,704
commissioners of the county in which the program is located, with 3,705
the court of common pleas and the board of county commissioners 3,706
of each county from which the program received the moneys if that 3,707
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 3,708
addiction program shall file the report no later than the first 3,709
day of March in the calendar year following the calendar year in 3,711
which the program received the fine moneys. The report shall 3,712
include statistics on the number of persons served by the alcohol 3,713
and drug addiction program, identify the types of alcohol and 3,714
drug addiction services provided to those persons, and include a 3,715
specific accounting of the purposes for which the fine moneys 3,716
received were used. No information contained in the report shall 3,717
identify, or enable a person to determine the identity of, any 3,718
person served by the alcohol and drug addiction program. Each 3,719
report received by a court of common pleas, a board of county 3,720
commissioners, or the attorney general is a public record open 3,721
for inspection under section 149.43 of the Revised Code. 3,722
(5) As used in divisions (H)(1) to (5) of this section: 3,724
(a) "Alcohol and drug addiction program" and "alcohol and 3,727
drug addiction services" have the same meanings as in section 3,728
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 3,731
alcohol and drug addiction program that is certified under 3,732
section 3793.06 of the Revised Code or licensed under section 3,733
3793.11 of the Revised Code by the department of alcohol and drug 3,735
addiction services.
Sec. 2925.04. (A) No person shall knowingly cultivate 3,744
marihuana or knowingly manufacture or otherwise engage in any 3,745
part of the production of a controlled substance. 3,746
(B) This section does not apply to any person listed in 3,748
87
division (B)(1), (2), or (3) of section 2925.03 of the Revised 3,749
Code to the extent and under the circumstances described in those 3,750
divisions.
(C)(1) Whoever commits a violation of division (A) of this 3,753
section that involves any drug other than marihuana is guilty of
illegal manufacture of drugs, and whoever commits a violation of 3,754
division (A) of this section that involves marihuana is guilty of 3,755
illegal cultivation of marihuana. 3,756
(2) If the drug involved in the violation of division (A) 3,759
of this section is any compound, mixture, preparation, or 3,760
substance included in schedule I or II, with the exception of 3,761
marihuana, illegal manufacture of drugs is a felony of the second 3,762
degree, and, subject to division (E) of this section, the court 3,763
shall impose as a mandatory prison term one of the prison terms 3,764
prescribed for a felony of the second degree. 3,765
(3) If the drug involved in the violation of division (A) 3,768
of this section is any compound, mixture, preparation, or 3,769
substance included in schedule III, IV, or V, illegal manufacture 3,770
of drugs is a felony of the third degree, and there is a 3,771
presumption for a prison term for the offense. 3,772
(4) If the drug involved in the violation is marihuana, 3,774
the penalty for the offense shall be determined as follows: 3,775
(a) Except as otherwise provided in division (C)(4)(b), 3,778
(c), (d), (e), or (f) of this section, illegal cultivation of 3,779
marihuana is a minor misdemeanor. 3,780
(b) If the amount of marihuana involved equals or exceeds 3,783
one hundred grams but does not exceed IS LESS THAN two hundred 3,784
grams, illegal cultivation of marihuana is a misdemeanor of the 3,785
fourth degree. 3,786
(c) If the amount of marihuana involved EQUALS OR exceeds 3,788
two hundred grams but does not exceed IS LESS THAN one thousand 3,790
grams, illegal cultivation of marihuana is a felony of the fifth 3,791
degree, and division (B) of section 2929.13 of the Revised Code 3,792
applies in determining whether to impose a prison term on the 3,793
88
offender.
(d) If the amount of marihuana involved EQUALS OR exceeds 3,795
one thousand grams but does not exceed IS LESS THAN five thousand 3,797
grams, illegal cultivation of marihuana is a felony of the third 3,798
degree, and division (C) of section 2929.13 of the Revised Code 3,799
applies in determining whether to impose a prison term on the 3,801
offender.
(e) If the amount of marihuana involved EQUALS OR exceeds 3,803
five thousand grams but does not exceed IS LESS THAN twenty 3,804
thousand grams, illegal cultivation of marihuana is a felony of 3,806
the third degree, and there is a presumption for a prison term 3,807
for the offense.
(f) If the amount of marihuana involved EQUALS OR exceeds 3,809
twenty thousand grams, illegal cultivation of marihuana is a 3,810
felony of the second degree, and the court shall impose as a 3,811
mandatory prison term the maximum prison term prescribed for a 3,812
felony of the second degree. 3,813
(D) In addition to any prison term authorized or required 3,816
by division (C) or (E) of this section and sections 2929.13 and 3,817
2929.14 of the Revised Code and in addition to any other sanction 3,818
imposed for the offense under this section or sections 2929.11 to 3,819
2929.18 of the Revised Code, the court that sentences an offender 3,822
who is convicted of or pleads guilty to a violation of division 3,823
(A) of this section shall do all of the following that are 3,824
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 3,827
felony of the second or third degree, the court shall impose upon 3,828
the offender the mandatory fine specified for the offense under 3,829
division (B)(1) of section 2929.18 of the Revised Code unless, as 3,830
specified in that division, the court determines that the 3,831
offender is indigent. The clerk of the court shall pay a 3,832
mandatory fine or other fine imposed for a violation of this 3,833
section pursuant to division (A) of section 2929.18 of the 3,834
Revised Code in accordance with and subject to the requirements 3,835
89
of division (F) of section 2925.03 of the Revised Code. The 3,837
agency that receives the fine shall use the fine as specified in 3,838
division (F) of section 2925.03 of the Revised Code. If a person 3,839
is charged with a violation of this section that is a felony of 3,840
the second or third degree, posts bail, and forfeits the bail, 3,841
the clerk shall pay the forfeited bail as if the forfeited bail 3,842
were a fine imposed for a violation of this section. 3,843
(2) The court shall revoke or suspend the offender's 3,845
driver's or commercial driver's license or permit in accordance 3,846
with division (G) of section 2925.03 of the Revised Code. If an 3,848
offender's driver's or commercial driver's license or permit is 3,849
revoked in accordance with that division, the offender may 3,850
request termination of, and the court may terminate, the 3,851
revocation in accordance with that division. 3,852
(3) If the offender is a professionally licensed person or 3,855
a person who has been admitted to the bar by order of the supreme 3,856
court in compliance with its prescribed and published rules, the 3,857
court shall comply with section 2925.38 of the Revised Code. 3,858
(E) Notwithstanding the prison term otherwise authorized 3,861
or required for the offense under division (C) of this section 3,862
and sections 2929.13 and 2929.14 of the Revised Code, if the 3,863
violation of division (A) of this section involves the sale, 3,864
offer to sell, or possession of a schedule I or II controlled 3,865
substance, with the exception of marihuana, and if the COURT 3,866
IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a 3,868
result of the violation, is a major drug offender AND IS GUILTY
OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF 3,869
THE REVISED CODE, the court, in lieu of the prison term otherwise 3,870
authorized or required, shall impose upon the offender the 3,871
mandatory prison term specified in division (D)(3)(a) of section 3,873
2929.14 of the Revised Code and may impose an additional prison 3,874
term under division (D)(3)(b) of that section. 3,875
(F) It is an affirmative defense, as provided in section 3,878
2901.05 of the Revised Code, to a charge under this section for a 3,879
90
fifth degree felony violation of illegal cultivation of marihuana 3,881
that the marihuana that gave rise to the charge is in an amount, 3,882
is in a form, is prepared, compounded, or mixed with substances 3,883
that are not controlled substances in a manner, or is possessed 3,884
or cultivated under any other circumstances that indicate that 3,885
the marihuana was solely for personal use.
Notwithstanding any contrary provision of division (F) of 3,888
this section, if, in accordance with section 2901.05 of the 3,889
Revised Code, a person who is charged with a violation of illegal 3,892
cultivation of marihuana that is a felony of the fifth degree 3,893
sustains the burden of going forward with evidence of and 3,894
establishes by a preponderance of the evidence the affirmative 3,895
defense described in this division, the person may be prosecuted 3,896
for and may be convicted of or plead guilty to a misdemeanor 3,897
violation of illegal cultivation of marihuana. 3,898
(G) Arrest or conviction for a minor misdemeanor violation 3,901
of this section does not constitute a criminal record and need 3,902
not be reported by the person so arrested or convicted in 3,903
response to any inquiries about the person's criminal record, 3,904
including any inquiries contained in an application for 3,905
employment, a license, or any other right or privilege or made in 3,906
connection with the person's appearance as a witness. 3,907
Sec. 2925.05. (A) No person shall knowingly provide money 3,917
or other items of value to another person with the purpose that 3,918
the recipient of the money or items of value use them to obtain 3,919
any controlled substance for the purpose of selling or offering 3,920
to sell the controlled substance or for the purpose of violating 3,921
section 2925.04 of the Revised Code OR FOR THE PURPOSE OF SELLING 3,923
OR OFFERING TO SELL THE CONTROLLED SUBSTANCE IN THE FOLLOWING 3,924
AMOUNT:
(1) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS ANY 3,926
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE 3,928
I OR II, WITH THE EXCEPTION OF MARIHUANA, COCAINE, L.S.D., 3,931
HEROIN, AND HASHISH, OR SCHEDULE III, IV, OR V, AN AMOUNT OF THE 3,934
91
DRUG THAT EQUALS OR EXCEEDS THE BULK AMOUNT OF THE DRUG; 3,935
(2) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS 3,937
MARIHUANA OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE OTHER 3,939
THAN HASHISH CONTAINING MARIHUANA, AN AMOUNT OF THE MARIHUANA 3,940
THAT EQUALS OR EXCEEDS TWO HUNDRED GRAMS;
(3) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS COCAINE 3,942
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 3,943
COCAINE, AN AMOUNT OF THE COCAINE THAT EQUALS OR EXCEEDS FIVE 3,944
GRAMS IF THE COCAINE IS NOT CRACK COCAINE OR EQUALS OR EXCEEDS 3,945
ONE GRAM IF THE COCAINE IS CRACK COCAINE; 3,946
(4) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS L.S.D. 3,949
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 3,951
L.S.D., AN AMOUNT OF THE L.S.D. THAT EQUALS OR EXCEEDS TEN UNIT 3,954
DOSES IF THE L.S.D. IS IN A SOLID FORM OR EQUALS OR EXCEEDS ONE 3,956
GRAM IF THE L.S.D. IS IN A LIQUID CONCENTRATE, LIQUID EXTRACT, OR 3,958
LIQUID DISTILLATE FORM; 3,959
(5) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS HEROIN 3,961
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 3,962
HEROIN, AN AMOUNT OF THE HEROIN THAT EQUALS OR EXCEEDS TEN UNIT 3,963
DOSES OR EQUALS OR EXCEEDS ONE GRAM; 3,964
(6) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS HASHISH 3,966
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 3,967
HASHISH, AN AMOUNT OF THE HASHISH THAT EQUALS OR EXCEEDS TEN 3,968
GRAMS IF THE HASHISH IS IN A SOLID FORM OR EQUALS OR EXCEEDS TWO 3,969
GRAMS IF THE HASHISH IS IN A LIQUID CONCENTRATE, LIQUID EXTRACT, 3,970
OR LIQUID DISTILLATE FORM. 3,971
(B) This section does not apply to any person listed in 3,974
division (B)(1), (2), or (3) of section 2925.03 of the Revised 3,975
Code to the extent and under the circumstances described in those 3,976
divisions.
(C)(1) If the drug involved in the violation is any 3,979
compound, mixture, preparation, or substance included in schedule 3,980
I or II, with the exception of marihuana, whoever violates 3,981
division (A) of this section is guilty of aggravated funding of 3,982
92
drug trafficking, a felony of the first degree, and, subject to 3,983
division (E) of this section, the court shall impose as a 3,984
mandatory prison term one of the prison terms prescribed for a 3,985
felony of the first degree.
(2) If the drug involved in the violation is any compound, 3,988
mixture, preparation, or substance included in schedule III, IV, 3,989
or V, whoever violates division (A) of this section is guilty of 3,990
funding of drug trafficking, a felony of the second degree, and 3,991
the court shall impose as a mandatory prison term one of the 3,992
prison terms prescribed for a felony of the second degree. 3,993
(3) If the drug involved in the violation is marihuana, 3,995
whoever violates division (A) of this section is guilty of 3,997
funding of marihuana trafficking, a felony of the third degree, 3,998
and the court shall impose as a mandatory prison term one of the 3,999
prison terms prescribed for a felony of the third degree. 4,000
(D) In addition to any prison term authorized or required 4,003
by division (C) or (E) of this section and sections 2929.13 and 4,004
2929.14 of the Revised Code and in addition to any other sanction 4,005
imposed for the offense under this section or sections 2929.11 to 4,006
2929.18 of the Revised Code, the court that sentences an offender 4,008
who is convicted of or pleads guilty to a violation of division 4,009
(A) of this section shall do all of the following that are 4,010
applicable regarding the offender:
(1) The court shall impose the mandatory fine specified 4,012
for the offense under division (B)(1) of section 2929.18 of the 4,014
Revised Code unless, as specified in that division, the court 4,015
determines that the offender is indigent. The clerk of the court 4,016
shall pay a mandatory fine or other fine imposed for a violation 4,017
of this section pursuant to division (A) of section 2929.18 of 4,018
the Revised Code in accordance with and subject to the 4,019
requirements of division (F) of section 2925.03 of the Revised 4,020
Code. The agency that receives the fine shall use the fine in 4,022
accordance with division (F) of section 2925.03 of the Revised 4,023
Code. If a person is charged with a violation of this section, 4,024
93
posts bail, and forfeits the bail, the forfeited bail shall be 4,025
paid as if the forfeited bail were a fine imposed for a violation 4,026
of this section.
(2) The court shall revoke or suspend the offender's 4,028
driver's or commercial driver's license or permit in accordance 4,029
with division (G) of section 2925.03 of the Revised Code. If an 4,031
offender's driver's or commercial driver's license or permit is 4,032
revoked in accordance with that division, the offender may 4,033
request termination of, and the court may terminate, the 4,034
revocation in accordance with that division. 4,035
(3) If the offender is a professionally licensed person or 4,038
a person who has been admitted to the bar by order of the supreme 4,039
court in compliance with its prescribed and published rules, the 4,040
court shall comply with section 2925.38 of the Revised Code. 4,041
(E) Notwithstanding the prison term otherwise authorized 4,044
or required for the offense under division (C) of this section 4,045
and sections 2929.13 and 2929.14 of the Revised Code, if the 4,046
violation of division (A) of this section involves the sale, 4,047
offer to sell, or possession of a schedule I or II controlled 4,048
substance, with the exception of marihuana, and if the COURT 4,049
IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a 4,051
result of the violation, is a major drug offender AND IS GUILTY
OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF 4,052
THE REVISED CODE, the court, in lieu of the prison term otherwise 4,053
authorized or required, shall impose upon the offender the 4,054
mandatory prison term specified in division (D)(3)(a) of section 4,056
2929.14 of the Revised Code and may impose an additional prison 4,057
term under division (D)(3)(b) of that section. 4,058
Sec. 2925.11. (A) No person shall knowingly obtain, 4,067
possess, or use a controlled substance. 4,068
(B) This section does not apply to any of the following: 4,070
(1) Manufacturers, licensed health professionals 4,072
authorized to prescribe drugs, pharmacists, owners of pharmacies, 4,074
and other persons whose conduct was in accordance with Chapters 4,075
94
3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the 4,076
Revised Code;
(2) If the offense involves an anabolic steroid, any 4,078
person who is conducting or participating in a research project 4,079
involving the use of an anabolic steroid if the project has been 4,080
approved by the United States food and drug administration; 4,081
(3) Any person who sells, offers for sale, prescribes, 4,083
dispenses, or administers for livestock or other nonhuman species 4,084
an anabolic steroid that is expressly intended for administration 4,085
through implants to livestock or other nonhuman species and 4,086
approved for that purpose under the "Federal Food, Drug, and 4,087
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 4,088
and is sold, offered for sale, prescribed, dispensed, or 4,089
administered for that purpose in accordance with that act; 4,090
(4) Any person who obtained the controlled substance 4,092
pursuant to a prescription issued by a licensed health 4,093
professional authorized to prescribe drugs, where the drug is in 4,095
the original container in which it was dispensed to such person. 4,096
(C) Whoever violates division (A) of this section is 4,098
guilty of one of the following: 4,099
(1) If the drug involved in the violation is a compound, 4,101
mixture, preparation, or substance included in schedule I or II, 4,102
with the exception of marihuana, cocaine, L.S.D., heroin, and 4,105
hashish, whoever violates division (A) of this section is guilty 4,106
of aggravated possession of drugs. The penalty for the offense 4,107
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), 4,110
(c), (d), or (e) of this section, aggravated possession of drugs 4,111
is a felony of the fifth degree, and division (B) of section 4,112
2929.13 of the Revised Code applies in determining whether to 4,113
impose a prison term on the offender.
(b) If the amount of the drug involved EQUALS OR exceeds 4,115
the bulk amount but does not exceed IS LESS THAN five times the 4,116
bulk amount, aggravated possession of drugs is a felony of the 4,118
95
third degree, and there is a presumption for a prison term for 4,119
the offense.
(c) If the amount of the drug involved EQUALS OR exceeds 4,121
five times the bulk amount but does not exceed IS LESS THAN fifty 4,123
times the bulk amount, aggravated possession of drugs is a felony 4,124
of the second degree, and the court shall impose as a mandatory 4,125
prison term one of the prison terms prescribed for a felony of 4,126
the second degree. 4,127
(d) If the amount of the drug involved EQUALS OR exceeds 4,129
fifty times the bulk amount but does not exceed IS LESS THAN one 4,131
hundred times the bulk amount, aggravated possession of drugs is 4,133
a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a 4,134
felony of the first degree. 4,135
(e) If the amount of the drug involved EQUALS OR exceeds 4,137
one hundred times the bulk amount, aggravated possession of drugs 4,139
is a felony of the first degree, THE OFFENDER IS A MAJOR DRUG 4,140
OFFENDER, and the court shall impose as a mandatory prison term 4,141
the maximum prison term prescribed for a felony of the first 4,142
degree and may impose an additional mandatory prison term 4,143
prescribed for a major drug offender under division (D)(3)(b) of 4,144
section 2929.14 of the Revised Code.
(2) If the drug involved in the violation is a compound, 4,146
mixture, preparation, or substance included in schedule III, IV, 4,148
or V, whoever violates division (A) of this section is guilty of 4,150
possession of drugs. The penalty for the offense shall be 4,151
determined as follows: 4,152
(a) Except as otherwise provided in division (C)(2)(b), 4,155
(c), or (d) of this section, possession of drugs is a misdemeanor 4,156
of the third degree or, if the offender previously has been 4,157
convicted of a drug abuse offense, a misdemeanor of the second 4,158
degree. If the drug involved in the violation is an anabolic 4,159
steroid included in schedule III and if the offense is a 4,160
misdemeanor of the third degree under this division, in lieu of 4,161
96
sentencing the offender to a term of imprisonment in a detention 4,162
facility, the court may place the offender on conditional 4,163
probation pursuant to division (F) of section 2951.02 of the 4,165
Revised Code. 4,166
(b) If the amount of the drug involved EQUALS OR exceeds 4,168
the bulk amount but does not exceed IS LESS THAN five times the 4,169
bulk amount, possession of drugs is a felony of the fourth 4,171
degree, and division (C) of section 2929.13 of the Revised Code 4,172
applies in determining whether to impose a prison term on the 4,173
offender.
(c) If the amount of the drug involved EQUALS OR exceeds 4,175
five times the bulk amount but does not exceed IS LESS THAN fifty 4,177
times the bulk amount, possession of drugs is a felony of the 4,178
third degree, and there is a presumption for a prison term for 4,179
the offense.
(d) If the amount of the drug involved EQUALS OR exceeds 4,181
fifty times the bulk amount, possession of drugs is a felony of 4,182
the second degree, and the court shall impose upon the offender 4,183
as a mandatory prison term one of the prison terms prescribed for 4,184
a felony of the second degree. 4,185
(3) If the drug involved in the violation is marihuana or 4,187
a compound, mixture, preparation, or substance containing 4,188
marihuana other than hashish, whoever violates division (A) of 4,190
this section is guilty of possession of marihuana. The penalty 4,191
for the offense shall be determined as follows: 4,192
(a) Except as otherwise provided in division (C)(3)(b), 4,195
(c), (d), (e), or (f) of this section, possession of marihuana is 4,196
a minor misdemeanor. 4,197
(b) If the amount of the drug involved equals or exceeds 4,200
one hundred grams but does not exceed IS LESS THAN two hundred 4,201
grams, possession of marihuana is a misdemeanor of the fourth 4,202
degree. 4,203
(c) If the amount of the drug involved EQUALS OR exceeds 4,205
two hundred grams but does not exceed IS LESS THAN one thousand 4,206
97
grams, possession of marihuana is a felony of the fifth degree, 4,208
and division (B) of section 2929.13 of the Revised Code applies 4,209
in determining whether to impose a prison term on the offender. 4,211
(d) If the amount of the drug involved EQUALS OR exceeds 4,213
one thousand grams but does not exceed IS LESS THAN five thousand 4,215
grams, possession of marihuana is a felony of the third degree, 4,216
and division (C) of section 2929.13 of the Revised Code applies 4,217
in determining whether to impose a prison term on the offender. 4,218
(e) If the amount of the drug involved EQUALS OR exceeds 4,220
five thousand grams but does not exceed IS LESS THAN twenty 4,221
thousand grams, possession of marihuana is a felony of the third 4,223
degree, and there is a presumption that a prison term shall be 4,224
imposed for the offense. 4,225
(f) If the amount of the drug involved EQUALS OR exceeds 4,227
twenty thousand grams, possession of marihuana is a felony of the 4,228
second degree, and the court shall impose as a mandatory prison 4,229
term the maximum prison term prescribed for a felony of the 4,230
second degree. 4,231
(4) If the drug involved in the violation is cocaine or a 4,234
compound, mixture, preparation, or substance containing cocaine, 4,235
whoever violates division (A) of this section is guilty of 4,236
possession of cocaine. The penalty for the offense shall be 4,237
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), 4,240
(c), (d), (e), or (f) of this section, possession of cocaine is a 4,241
felony of the fifth degree, and division (B) of section 2929.13 4,242
of the Revised Code applies in determining whether to impose a 4,243
prison term on the offender.
(b) If the amount of the drug involved EQUALS OR exceeds 4,245
five grams but does not exceed IS LESS THAN twenty-five grams of 4,246
cocaine that is not crack cocaine or EQUALS OR exceeds one gram 4,248
but does not exceed IS LESS THAN five grams of crack cocaine, 4,249
possession of cocaine is a felony of the fourth degree, and there 4,250
is a presumption for a prison term for the offense. 4,251
98
(c) If the amount of the drug involved EQUALS OR exceeds 4,253
twenty-five grams but does not exceed IS LESS THAN one hundred 4,254
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 4,257
five grams but does not exceed IS LESS THAN ten grams of crack 4,258
cocaine, possession of cocaine is a felony of the third degree, 4,259
and the court shall impose as a mandatory prison term one of the 4,260
prison terms prescribed for a felony of the third degree. 4,261
(d) If the amount of the drug involved EQUALS OR exceeds 4,263
one hundred grams but does not exceed IS LESS THAN five hundred 4,264
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 4,267
ten grams but does not exceed IS LESS THAN twenty-five grams of 4,268
crack cocaine, possession of cocaine is a felony of the second 4,270
degree, and the court shall impose as a mandatory prison term one 4,271
of the prison terms prescribed for a felony of the second degree. 4,272
(e) If the amount of the drug involved EQUALS OR exceeds 4,274
five hundred grams but does not exceed IS LESS THAN one thousand 4,275
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 4,278
twenty-five grams but does not exceed IS LESS THAN one hundred 4,279
grams of crack cocaine, possession of cocaine is a felony of the 4,281
first degree, and the court shall impose as a mandatory prison 4,282
term one of the prison terms prescribed for a felony of the first 4,283
degree.
(f) If the amount of the drug involved EQUALS OR exceeds 4,285
one thousand grams of cocaine that is not crack cocaine or EQUALS 4,287
OR exceeds one hundred grams of crack cocaine, possession of 4,288
cocaine is a felony of the first degree, THE OFFENDER IS A MAJOR 4,289
DRUG OFFENDER, and the court shall impose as a mandatory prison 4,290
term the maximum prison term prescribed for a felony of the first 4,291
degree and may impose an additional mandatory prison term 4,292
prescribed for a major drug offender under division (D)(3)(b) of 4,294
section 2929.14 of the Revised Code. 4,295
(5) If the drug involved in the violation is L.S.D., 4,298
whoever violates division (A) of this section is guilty of 4,299
possession of L.S.D. The penalty for the offense shall be 4,301
99
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 4,304
(c), (d), (e), or (f) of this section, possession of L.S.D. is a
felony of the fifth degree, and division (B) of section 2929.13 4,305
of the Revised Code applies in determining whether to impose a 4,306
prison term on the offender.
(b) If the amount of L.S.D. involved EQUALS OR exceeds ten 4,308
unit doses but does not exceed IS LESS THAN fifty unit doses of 4,310
L.S.D. in a solid form or EQUALS OR exceeds one gram but does not 4,311
exceed IS LESS THAN five grams of L.S.D. in a liquid concentrate, 4,312
liquid extract, or liquid distillate form, possession of L.S.D. 4,314
is a felony of the fourth degree, and division (C) of section 4,315
2929.13 of the Revised Code applies in determining whether to 4,316
impose a prison term on the offender.
(c) If the amount of L.S.D. involved EQUALS OR exceeds 4,319
fifty unit doses, but does not exceed IS LESS THAN two hundred 4,320
fifty unit doses of L.S.D. in a solid form or EQUALS OR exceeds 4,321
five grams but does not exceed IS LESS THAN twenty-five grams of 4,322
L.S.D. in a liquid concentrate, liquid extract, or liquid 4,323
distillate form, possession of L.S.D. is a felony of the third 4,324
degree, and there is a presumption for a prison term for the 4,325
offense.
(d) If the amount of L.S.D. involved EQUALS OR exceeds two 4,328
hundred fifty unit doses but does not exceed IS LESS THAN one 4,329
thousand unit doses of L.S.D. in a solid form or EQUALS OR 4,331
exceeds twenty-five grams but does not exceed IS LESS THAN one 4,332
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 4,334
or liquid distillate form, possession of L.S.D. is a felony of 4,335
the second degree, and the court shall impose as a mandatory 4,336
prison term one of the prison terms prescribed for a felony of 4,337
the second degree. 4,338
(e) If the amount of L.S.D. involved EQUALS OR exceeds one 4,341
thousand unit doses but does not exceed IS LESS THAN five 4,342
thousand unit doses of L.S.D. in a solid form or EQUALS OR 4,343
100
exceeds one hundred grams but does not exceed IS LESS THAN five 4,344
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 4,346
or liquid distillate form, possession of L.S.D. is a felony of 4,347
the first degree, and the court shall impose as a mandatory 4,348
prison term one of the prison terms prescribed for a felony of 4,349
the first degree.
(f) If the amount of L.S.D. involved EQUALS OR exceeds 4,352
five thousand unit doses of L.S.D. in a solid form or EQUALS OR 4,354
exceeds five hundred grams of L.S.D. in a liquid concentrate, 4,356
liquid extract, or liquid distillate form, possession of L.S.D. 4,357
is a felony of the first degree, THE OFFENDER IS A MAJOR DRUG 4,358
OFFENDER, and the court shall impose as a mandatory prison term 4,360
the maximum prison term prescribed for a felony of the first 4,361
degree and may impose an additional mandatory prison term 4,362
prescribed for a major drug offender under division (D)(3)(b) of 4,363
section 2929.14 of the Revised Code. 4,364
(6) If the drug involved in the violation is heroin or a 4,366
compound, mixture, preparation, or substance containing heroin, 4,367
whoever violates division (A) of this section is guilty of 4,369
possession of heroin. The penalty for the offense shall be
determined as follows: 4,370
(a) Except as otherwise provided in division (C)(6)(b), 4,373
(c), (d), (e), or (f) of this section, possession of heroin is a 4,374
felony of the fifth degree, and division (B) of section 2929.13 4,375
of the Revised Code applies in determining whether to impose a 4,376
prison term on the offender.
(b) If the amount of the drug involved EQUALS OR EXCEEDS 4,378
TEN UNIT DOSES BUT IS LESS THAN FIFTY UNIT DOSES OR EQUALS OR 4,379
exceeds one gram but does not exceed IS LESS THAN five grams, 4,380
possession of heroin is a felony of the fourth degree, and 4,382
division (C) of section 2929.13 of the Revised Code applies in 4,383
determining whether to impose a prison term on the offender. 4,384
(c) If the amount of the drug involved EQUALS OR EXCEEDS 4,386
FIFTY UNIT DOSES BUT IS LESS THAN ONE HUNDRED UNIT DOSES OR 4,387
101
EQUALS OR exceeds five grams but does not exceed IS LESS THAN ten 4,388
grams, possession of heroin is a felony of the third degree, and 4,390
there is a presumption for a prison term for the offense. 4,391
(d) If the amount of the drug involved EQUALS OR EXCEEDS 4,393
ONE HUNDRED UNIT DOSES BUT IS LESS THAN FIVE HUNDRED UNIT DOSES 4,394
OR EQUALS OR exceeds ten grams but does not exceed IS LESS THAN 4,395
fifty grams, possession of heroin is a felony of the second 4,397
degree, and the court shall impose as a mandatory prison term one 4,398
of the prison terms prescribed for a felony of the second degree. 4,399
(e) If the amount of the drug involved EQUALS OR EXCEEDS 4,401
FIVE HUNDRED UNIT DOSES BUT IS LESS THAN TWO THOUSAND FIVE 4,402
HUNDRED UNIT DOSES OR EQUALS OR exceeds fifty grams but does not 4,404
exceed IS LESS THAN two hundred fifty grams, possession of heroin 4,406
is a felony of the first degree, and the court shall impose as a 4,407
mandatory prison term one of the prison terms prescribed for a 4,408
felony of the first degree.
(f) If the amount of the drug involved EQUALS OR EXCEEDS 4,410
TWO THOUSAND FIVE HUNDRED UNIT DOSES OR EQUALS OR exceeds two 4,412
hundred fifty grams, possession of heroin is a felony of the
first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and the 4,413
court shall impose as a mandatory prison term the maximum prison 4,415
term prescribed for a felony of the first degree and may impose 4,416
an additional mandatory prison term prescribed for a major drug 4,417
offender under division (D)(3)(b) of section 2929.14 of the 4,418
Revised Code. 4,419
(7) If the drug involved in the violation is hashish or a 4,421
compound, mixture, preparation, or substance containing hashish, 4,422
whoever violates division (A) of this section is guilty of 4,424
possession of hashish. The penalty for the offense shall be
determined as follows: 4,425
(a) Except as otherwise provided in division (C)(7)(b), 4,428
(c), (d), (e), or (f) of this section, possession of hashish is a 4,429
minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds 4,431
102
five grams but does not exceed IS LESS THAN ten grams of hashish 4,432
in a solid form or equals or exceeds one gram but does not exceed 4,434
IS LESS THAN two grams of hashish in a liquid concentrate, liquid 4,436
extract, or liquid distillate form, possession of hashish is a 4,437
misdemeanor of the fourth degree.
(c) If the amount of the drug involved EQUALS OR exceeds 4,439
ten grams but does not exceed IS LESS THAN fifty grams of hashish 4,441
in a solid form or EQUALS OR exceeds two grams but does not 4,442
exceed IS LESS THAN ten grams of hashish in a liquid concentrate, 4,444
liquid extract, or liquid distillate form, possession of hashish 4,445
is a felony of the fifth degree, and division (B) of section 4,446
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 4,448
(d) If the amount of the drug involved EQUALS OR exceeds 4,450
fifty grams but does not exceed IS LESS THAN two hundred fifty 4,451
grams of hashish in a solid form or EQUALS OR exceeds ten grams 4,453
but does not exceed IS LESS THAN fifty grams of hashish in a 4,454
liquid concentrate, liquid extract, or liquid distillate form, 4,455
possession of hashish is a felony of the third degree, and 4,456
division (C) of section 2929.13 of the Revised Code applies in 4,457
determining whether to impose a prison term on the offender. 4,458
(e) If the amount of the drug involved EQUALS OR exceeds 4,460
two hundred fifty grams but does not exceed IS LESS THAN one 4,461
thousand grams of hashish in a solid form or EQUALS OR exceeds 4,463
fifty grams but does not exceed IS LESS THAN two hundred grams of 4,464
hashish in a liquid concentrate, liquid extract, or liquid 4,465
distillate form, possession of hashish is a felony of the third 4,466
degree, and there is a presumption that a prison term shall be 4,467
imposed for the offense.
(f) If the amount of the drug involved EQUALS OR exceeds 4,469
one thousand grams of hashish in a solid form or EQUALS OR 4,470
exceeds two hundred grams of hashish in a liquid concentrate, 4,472
liquid extract, or liquid distillate form, possession of hashish 4,473
is a felony of the second degree, and the court shall impose as a 4,474
103
mandatory prison term the maximum prison term prescribed for a 4,475
felony of the second degree. 4,476
(D) Arrest or conviction for a minor misdemeanor violation 4,478
of this section does not constitute a criminal record and need 4,479
not be reported by the person so arrested or convicted in 4,480
response to any inquiries about the person's criminal record, 4,481
including any inquiries contained in any application for 4,482
employment, license, or other right or privilege, or made in 4,483
connection with the person's appearance as a witness. 4,484
(E) In addition to any prison term authorized or required 4,487
by division (C) of this section and sections 2929.13 and 2929.14 4,488
of the Revised Code and in addition to any other sanction that is 4,489
imposed for the offense under this section or sections 2929.11 to 4,490
2929.18 of the Revised Code, the court that sentences an offender 4,493
who is convicted of or pleads guilty to a violation of division 4,494
(A) of this section shall do all of the following that are 4,495
applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 4,498
or third degree, the court shall impose upon the offender the 4,499
mandatory fine specified for the offense under division (B)(1) of 4,500
section 2929.18 of the Revised Code unless, as specified in that 4,501
division, the court determines that the offender is indigent. 4,502
(b) Notwithstanding any contrary provision of section 4,504
3719.21 of the Revised Code, the clerk of the court shall pay a 4,506
mandatory fine or other fine imposed for a violation of this 4,507
section pursuant to division (A) of section 2929.18 of the 4,508
Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The 4,509
agency that receives the fine shall use the fine as specified in 4,510
division (F) of section 2925.03 of the Revised Code. 4,511
(c) If a person is charged with a violation of this 4,513
section that is a felony of the first, second, or third degree, 4,514
posts bail, and forfeits the bail, the clerk shall pay the 4,515
forfeited bail pursuant to division (E)(1)(b) of this section as 4,516
104
if it were a mandatory fine imposed under division (E)(1)(a) of 4,517
this section.
(2) The court shall suspend for not less than six months 4,519
or more than five years the driver's or commercial driver's 4,520
license or permit of any person who is convicted of or has 4,521
pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or 4,523
a person who has been admitted to the bar by order of the supreme 4,525
court in compliance with its prescribed and published rules, in 4,526
addition to any other sanction imposed for a violation of this 4,527
section, the court forthwith shall comply with section 2925.38 of 4,528
the Revised Code.
(F) It is an affirmative defense, as provided in section 4,530
2901.05 of the Revised Code, to a charge of a fourth degree 4,531
felony violation under this section that the controlled substance 4,532
that gave rise to the charge is in an amount, is in a form, is 4,535
prepared, compounded, or mixed with substances that are not 4,537
controlled substances in a manner, or is possessed under any 4,538
other circumstances, that indicate that the substance was 4,539
possessed solely for personal use. Notwithstanding any contrary 4,541
provision of this section, if, in accordance with section 2901.05 4,542
of the Revised Code, an accused who is charged with a fourth 4,543
degree felony violation of division (C)(2), (4), (5), or (6) of 4,544
this section sustains the burden of going forward with evidence 4,545
of and establishes by a preponderance of the evidence the 4,546
affirmative defense described in this division, the accused may 4,547
be prosecuted for and may plead guilty to or be convicted of a 4,548
misdemeanor violation of division (C)(2) of this section or a 4,549
fifth degree felony violation of division (C)(4), (5), or (6) of 4,550
this section respectively. 4,551
(G) When a person is charged with possessing a bulk amount 4,553
or multiple of a bulk amount, division (E) of section 2925.03 of 4,555
the Revised Code applies regarding the determination of the 4,556
amount of the controlled substance involved at the time of the 4,557
105
offense.
Sec. 2925.13. (A) No person who is the owner, operator, 4,566
or person in charge of a locomotive, watercraft, aircraft, or 4,567
other vehicle, as defined in division (A) of section 4501.01 of 4,568
the Revised Code, shall knowingly permit the vehicle to be used 4,569
for the commission of a felony drug abuse offense. 4,570
(B) No person who is the owner, lessee, or occupant, or 4,572
who has custody, control, or supervision, of premises or real 4,573
estate, including vacant land, shall knowingly permit the 4,574
premises or real estate, including vacant land, to be used for 4,575
the commission of a felony drug abuse offense by another person. 4,576
(C)(1) Whoever violates this section is guilty of 4,578
permitting drug abuse. 4,579
(2) Except as provided in division (C)(3) of this section, 4,582
permitting drug abuse is a misdemeanor of the first degree. 4,584
(3) Permitting drug abuse is a felony of the fifth degree, 4,587
and division (C) of section 2929.13 of the Revised Code applies 4,589
in determining whether to impose a prison term on the offender, 4,590
if the felony drug abuse offense in question is a violation of 4,591
section 2925.02 or 2925.03 of the Revised Code that was committed 4,592
in the vicinity of a school or in the vicinity of a juvenile.
(D) In addition to any prison term authorized or required 4,594
by division (C) of this section and sections 2929.13 and 2929.14 4,595
of the Revised Code and in addition to any other sanction imposed 4,597
for the offense under this section or sections 2929.11 to 2929.18 4,599
of the Revised Code, the court that sentences a person who is 4,600
convicted of or pleads guilty to a violation of division (A) of 4,602
this section shall do all of the following that are applicable 4,603
regarding the offender:
(1) The court shall suspend for not less than six months 4,606
or more than five years the driver's or commercial driver's 4,607
license or permit of the offender.
(2) If the offender is a professionally licensed person or 4,609
a person who has been admitted to the bar by order of the supreme 4,610
106
court in compliance with its prescribed and published rules, in 4,611
addition to any other sanction imposed for a violation of this 4,612
section, the court forthwith shall comply with section 2925.38 of 4,613
the Revised Code.
(E) Notwithstanding any contrary provision of section 4,615
3719.21 of the Revised Code, the clerk of the court shall pay a 4,616
fine imposed for a violation of this section pursuant to division 4,617
(A) of section 2929.18 of the Revised Code in accordance with and 4,618
subject to the requirements of division (F) of section 2925.03 of 4,619
the Revised Code. The agency that receives the fine shall use 4,620
the fine as specified in division (F) of section 2925.03 of the
Revised Code. 4,621
(F) ANY PREMISES OR REAL ESTATE THAT IS PERMITTED TO BE 4,623
USED IN VIOLATION OF DIVISION (B) OF THIS SECTION CONSTITUTES A 4,624
NUISANCE SUBJECT TO ABATEMENT PURSUANT TO CHAPTER 3767. OF THE 4,625
REVISED CODE.
Sec. 2925.23. (A) No person shall knowingly make a false 4,634
statement in any prescription, order, report, or record required 4,635
by Chapter 3719. or 4729. of the Revised Code. 4,636
(B) No person shall intentionally make, utter, or sell, or 4,638
knowingly possess ANY OF THE FOLLOWING THAT IS a false or forged: 4,639
(1) Prescription; 4,641
(2) Uncompleted preprinted prescription blank used for 4,643
writing a prescription; 4,644
(3) Official written order; 4,646
(4) License for a terminal distributor of dangerous drugs 4,648
as required in section 4729.60 of the Revised Code; 4,649
(5) Registration certificate for a wholesale distributor 4,651
of dangerous drugs as required in section 4729.60 of the Revised 4,652
Code. 4,653
(C) No person, by theft as defined in section 2913.02 of 4,655
the Revised Code, shall acquire any of the following: 4,656
(1) A prescription; 4,658
(2) An uncompleted preprinted prescription blank used for 4,660
107
writing a prescription; 4,661
(3) An official written order; 4,663
(4) A blank official written order; 4,665
(5) A license or blank license for a terminal distributor 4,667
of dangerous drugs as required in section 4729.60 of the Revised 4,668
Code; 4,669
(6) A registration certificate or blank registration 4,671
certificate for a wholesale distributor of dangerous drugs as 4,672
required in section 4729.60 of the Revised Code. 4,673
(D) No person shall knowingly make or affix any false or 4,675
forged label to a package or receptacle containing any dangerous 4,676
drugs. 4,677
(E) Divisions (A) and (D) of this section do not apply to 4,679
licensed health professionals authorized to prescribe drugs, 4,681
pharmacists, owners of pharmacies, and other persons whose 4,682
conduct is in accordance with Chapters 3719., 4715., 4725., 4,683
4729., 4731., and 4741. of the Revised Code or section 4723.56 of 4,684
the Revised Code.
(F) Whoever violates this section is guilty of illegal 4,686
processing of drug documents. The penalty for the offense IF THE 4,688
OFFENDER VIOLATES DIVISION (B)(2), (4), OR (5) OR DIVISION 4,689
(C)(2), (4), (5), OR (6) OF THIS SECTION, ILLEGAL PROCESSING OF 4,690
DRUG DOCUMENTS IS A FELONY OF THE FIFTH DEGREE. IF THE OFFENDER 4,691
VIOLATES DIVISION (B)(1) OR (3), DIVISION (C)(1) OR (3), OR 4,692
DIVISION (D) OF THIS SECTION, THE PENALTY FOR ILLEGAL PROCESSING 4,693
OF DRUG DOCUMENTS shall be determined as follows: 4,695
(1) If the drug involved is a compound, mixture, 4,697
preparation, or substance included in schedule I or II, with the 4,698
exception of marihuana, illegal processing of drug documents is a 4,699
felony of the fourth degree, and division (C) of section 2929.13 4,700
of the Revised Code applies in determining whether to impose a 4,701
prison term on the offender.
(2) If the drug involved is a dangerous drug or a 4,703
compound, mixture, preparation, or substance included in schedule 4,704
108
III, IV, or V or is marihuana, illegal processing of drug 4,705
documents is a felony of the fifth degree, and division (C) of 4,706
section 2929.13 of the Revised Code applies in determining 4,707
whether to impose a prison term on the offender.
(G) In addition to any prison term authorized or required 4,709
by division (F) of this section and sections 2929.13 and 2929.14 4,710
of the Revised Code and in addition to any other sanction imposed 4,711
for the offense under this section or sections 2929.11 to 2929.18 4,712
of the Revised Code, the court that sentences an offender who is 4,713
convicted of or pleads guilty to any violation of divisions (A) 4,714
to (D) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 4,717
or more than five years the driver's or commercial driver's 4,718
license or permit of any person who is convicted of or has 4,719
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 4,721
a person who has been admitted to the bar by order of the supreme 4,722
court in compliance with its prescribed and published rules, in 4,723
addition to any other sanction imposed for a violation of this 4,724
section, the court forthwith shall comply with section 2925.38 of 4,725
the Revised Code.
(H) Notwithstanding any contrary provision of section 4,727
3719.21 of the Revised Code, the clerk of court shall pay a fine 4,728
imposed for a violation of this section pursuant to division (A) 4,729
of section 2929.18 of the Revised Code in accordance with and 4,730
subject to the requirements of division (F) of section 2925.03 of 4,731
the Revised Code. The agency that receives the fine shall use 4,732
the fine as specified in division (F) of section 2925.03 of the 4,733
Revised Code.
Sec. 2925.36. (A) No person shall knowingly furnish 4,742
another a sample drug. 4,743
(B) Division (A) of this section does not apply to 4,745
manufacturers, wholesalers, pharmacists, owners of pharmacies, 4,746
dentists, doctors of medicine and surgery, doctors of osteopathic 4,747
109
medicine and surgery, doctors of podiatry, veterinarians, and 4,748
other persons whose conduct is in accordance with Chapters 3719., 4,749
4715., 4729., 4731., and 4741. of the Revised Code or to 4,750
optometrists whose conduct is in accordance with a valid 4,751
therapeutic pharmaceutical agents certificate issued under 4,752
Chapter 4725. of the Revised Code. 4,753
(C)(1) Whoever violates this section is guilty of illegal 4,755
dispensing of drug samples. 4,756
(2) If the drug involved in the offense is a compound, 4,758
mixture, preparation, or substance included in schedule I or II, 4,759
with the exception of marihuana, the penalty for the offense 4,760
shall be determined as follows: 4,761
(a) Except as otherwise provided in division (C)(2)(b) of 4,763
this section, illegal dispensing of drug samples is a felony of 4,764
the fifth degree, and, subject to division (E) of this section, 4,766
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 4,767
(b) If the offense was committed in the vicinity of a 4,769
school or in the vicinity of a juvenile, illegal dispensing of 4,770
drug samples is a felony of the fourth degree, and, subject to 4,771
division (E) of this section, division (C) of section 2929.13 of 4,772
the Revised Code applies in determining whether to impose a 4,773
prison term on the offender.
(3) If the drug involved in the offense is a dangerous 4,775
drug or a compound, mixture, preparation, or substance included 4,776
in schedule III, IV, or V, or is marihuana, the penalty for the 4,777
offense shall be determined as follows: 4,778
(a) Except as otherwise provided in division (C)(3)(b) of 4,781
this section, illegal dispensing of drug samples is a misdemeanor 4,782
of the second degree.
(b) If the offense was committed in the vicinity of a 4,785
school or in the vicinity of a juvenile, illegal dispensing of 4,786
drug samples is a misdemeanor of the first degree. 4,787
(D) In addition to any prison term authorized or required 4,790
110
by division (C) or (E) of this section and sections 2929.13 and 4,791
2929.14 of the Revised Code and in addition to any other sanction 4,792
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender 4,794
who is convicted of or pleads guilty to a violation of division 4,795
(A) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 4,798
or more than five years the driver's or commercial driver's 4,799
license or permit of any person who is convicted of or has 4,800
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 4,802
a person who has been admitted to the bar by order of the supreme 4,803
court in compliance with its prescribed and published rules, in 4,804
addition to any other sanction imposed for a violation of this 4,805
section, the court forthwith shall comply with section 2925.38 of 4,806
the Revised Code. 4,807
(E) Notwithstanding the prison term authorized or required 4,809
by division (C) of this section and sections 2929.13 and 2929.14 4,810
of the Revised Code, if the violation of division (A) of this 4,811
section involves the sale, offer to sell, or possession of a 4,812
schedule I or II controlled substance, with the exception of 4,813
marihuana, and if the COURT IMPOSING SENTENCE UPON THE OFFENDER 4,814
FINDS THAT THE offender, as a result of the violation, is a major 4,815
drug offender AND IS GUILTY OF A SPECIFICATION OF THE TYPE 4,816
DESCRIBED IN SECTION 2941.1410 OF THE REVISED CODE, the court, in 4,817
lieu of the prison term otherwise authorized or required, shall 4,818
impose upon the offender the mandatory prison term specified in 4,819
division (D)(3)(a) of section 2929.14 of the Revised Code and may 4,820
impose an additional prison term under division (D)(3)(b) of that 4,822
section.
(F) Notwithstanding any contrary provision of section 4,825
3719.21 of the Revised Code, the clerk of the court shall pay a
fine imposed for a violation of this section pursuant to division 4,827
(A) of section 2929.18 of the Revised Code in accordance with and 4,828
111
subject to the requirements of division (F) of section 2925.03 of 4,829
the Revised Code. The agency that receives the fine shall use 4,830
the fine as specified in division (F) of section 2925.03 of the
Revised Code. 4,831
Sec. 2927.24. (A) As used in this section: 4,840
(1) "Poison" has the same meaning as in section 3719.01 of 4,842
the Revised Code.
(2) "Drug" has the same meaning as in section 4729.01 of 4,845
the Revised Code.
(B) Except as provided in division (D) of this section, no 4,847
person shall knowingly mingle a poison or other harmful substance 4,848
with a food, drink, nonprescription drug, prescription drug, or 4,849
pharmaceutical product, or knowingly place a poison or other 4,850
harmful substance in a spring, well, reservoir, or public water 4,851
supply, if the person knows or has reason to know that the food, 4,852
drink, nonprescription drug, prescription drug, pharmaceutical 4,853
product, or water may be ingested or used by another person. For 4,854
purposes of this division, a person does not know or have reason 4,855
to know that water may be ingested or used by another person if 4,856
it is disposed of as waste into a household drain including the 4,857
drain of a toilet, sink, tub, or floor. 4,858
(C) No person shall inform another person that a poison or 4,860
other harmful substance has been or will be placed in a food, 4,861
drink, nonprescription drug, prescription drug, or other 4,862
pharmaceutical product, spring, well, reservoir, or public water 4,863
supply, if the placement of the poison or other harmful substance 4,864
would be a violation of division (B) of this section, and the 4,865
person knows both that the information is false and that the 4,866
information likely will be disseminated to the public. 4,867
(D)(1) A person may mingle a drug with a food or drink for 4,869
the purpose of causing the drug to be ingested or used in the 4,870
quantity described by its labeling or prescription. 4,871
(2) A person may place a poison or other harmful substance 4,873
in a spring, well, reservoir, or public water supply in such 4,874
112
quantity as is necessary to treat the spring, well, reservoir, or 4,875
water supply to make it safe for human consumption and use. 4,876
(3) The provisions of division (A) of this section shall 4,878
not be applied in a manner that conflicts with any other state or 4,879
federal law or rule relating to substances permitted to be 4,880
applied to or present in any food, raw or processed, any milk or 4,881
milk product, any meat or meat product, any type of crop, water, 4,882
or alcoholic or nonalcoholic beverage. 4,883
(E)(1) Whoever violates division (B) of this section is 4,885
guilty of contaminating a substance for human consumption or 4,887
use,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
CONTAMINATING A SUBSTANCE FOR HUMAN CONSUMPTION OR USE IS a 4,889
felony of the first degree. If the offense involved an amount of 4,890
poison or other harmful substance sufficient to cause death if
ingested or used by a person or if the offense resulted in 4,891
serious physical harm to another person, whoever violates 4,892
division (B) of this section is guilty of an aggravated felony of 4,893
the first degree and shall be imprisoned for life WITH PAROLE 4,894
ELIGIBILITY AFTER SERVING FIFTEEN YEARS OF IMPRISONMENT. 4,895
(2) Whoever violates division (C) of this section is 4,897
guilty of spreading a false report of contamination, a felony of 4,898
the fourth degree. 4,899
Sec. 2929.01. As used in this chapter: 4,909
(A)(1) "Alternative residential facility" means, subject 4,911
to division (A)(2) of this section, any facility other than an 4,912
offender's home or residence in which an offender is assigned to 4,913
live and that satisfies all of the following criteria: 4,914
(a) It provides programs through which the offender may 4,916
seek or maintain employment or may receive education, training, 4,917
treatment, or habilitation. 4,918
(b) It has received the appropriate license or certificate 4,920
for any specialized education, training, treatment, habilitation, 4,921
or other service that it provides from the government agency that 4,922
is responsible for licensing or certifying that type of 4,923
113
education, training, treatment, habilitation, or service. 4,924
(2) "Alternative residential facility" does not include a 4,927
community-based correctional facility, jail, halfway house, or 4,928
prison.
(B) "Bad time" means the time by which the parole board 4,930
administratively extends an offender's stated prison term or 4,931
terms pursuant to section 2967.11 of the Revised Code because the 4,932
parole board finds by clear and convincing evidence that the 4,933
offender, while serving the prison term or terms, committed an 4,934
act that is a criminal offense under the law of this state or the 4,935
United States, whether or not the offender is prosecuted for the 4,937
commission of that act.
(C) "Basic PROBATION supervision" means a requirement that 4,940
the offender maintain contact with a person appointed to 4,942
supervise the offender in accordance with sanctions imposed by 4,943
the court or imposed by the parole board pursuant to section 4,944
2967.28 of the Revised Code. "BASIC PROBATION SUPERVISION"
INCLUDES BASIC PAROLE SUPERVISION AND BASIC POST-RELEASE CONTROL 4,945
SUPERVISION. 4,946
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 4,948
"unit dose" have the same meanings as in section 2925.01 of the 4,949
Revised Code.
(E) "Community-based correctional facility" means a 4,952
community-based correctional facility and program or district 4,953
community-based correctional facility and program developed 4,954
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 4,955
(F) "Community control sanction" means a sanction that is 4,958
not a prison term and that is described in section 2929.15, 4,959
2929.16, 2929.17, or 2929.18 of the Revised Code. 4,960
(G) "Criminally injurious conduct" means any conduct of 4,963
the type that is described in division (C)(1) or (2) of section 4,964
2743.51 of the Revised Code and that occurs on or after July 1, 4,965
1996, or any activity that is described in divisions (C)(3) and 4,966
(R) of section 2743.51 of the Revised Code and that occurs on or 4,967
114
after the effective date of this amendment. 4,968
(H) "Controlled substance," "marihuana," "schedule I," and 4,970
"schedule II" have the same meanings as in section 3719.01 of the 4,972
Revised Code.
(I)(H) "Curfew" means a requirement that an offender 4,975
during a specified period of time be at a designated place. 4,976
(J)(I) "Day reporting" means a sanction pursuant to which 4,979
an offender is required each day to report to and leave a center 4,980
or other approved reporting location at specified times in order 4,981
to participate in work, education or training, treatment, and 4,982
other approved programs at the center or outside the center. 4,983
(K)(J) "Deadly weapon" has the same meaning as in section 4,986
2923.11 of the Revised Code. 4,987
(L)(K) "Drug and alcohol use monitoring" means a program 4,990
under which an offender agrees to submit to random chemical 4,991
analysis of the offender's blood, breath, or urine to determine 4,992
whether the offender has ingested any alcohol or other drugs. 4,993
(M)(L) "Drug treatment program" means any program under 4,996
which a person undergoes assessment and treatment designed to 4,997
reduce or completely eliminate the person's physical or emotional 4,998
reliance upon alcohol, another drug, or alcohol and another drug 4,999
and under which the person may be required to receive assessment 5,001
and treatment on an outpatient basis or may be required to reside 5,002
at a facility other than the person's home or residence while
undergoing assessment and treatment. 5,003
(N)(M) "Economic loss" means any economic detriment 5,006
suffered by a victim as a result of criminally injurious conduct 5,007
THE COMMISSION OF A FELONY and includes any loss of income due to 5,008
lost time at work because of any injury caused to the victim, and 5,009
any property loss, medical cost, or funeral expense incurred as a 5,010
result of the criminally injurious conduct COMMISSION OF THE 5,011
FELONY. 5,012
(O)(N) "Education or training" includes study at, or in 5,015
conjunction with a program offered by, a university, college, or 5,016
115
technical college or vocational study and also includes the 5,017
completion of primary school, secondary school, and literacy 5,018
curriculums or their equivalent.
(P)(O) "Electronically monitored house arrest" has the 5,021
same meaning as in section 2929.23 of the Revised Code. 5,022
(Q)(P) "Eligible offender" has the same meaning as in 5,025
section 2929.23 of the Revised Code except as otherwise specified 5,026
in section 2929.20 of the Revised Code. 5,027
(R)(Q) "Firearm" has the same meaning as in section 5,030
2923.11 of the Revised Code.
(S)(R) "Halfway house" means a facility licensed by the 5,033
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 5,035
Revised Code as a suitable facility for the care and treatment of 5,036
adult offenders.
(T)(S) "House arrest" means a period of confinement of an 5,038
eligible offender that is in the eligible offender's home or in 5,040
other premises specified by the sentencing court or by the parole 5,041
board pursuant to section 2967.28 of the Revised Code, that may 5,042
be electronically monitored house arrest, and during which all of 5,043
the following apply: 5,044
(1) The eligible offender is required to remain in the 5,046
eligible offender's home or other specified premises for the 5,048
specified period of confinement, except for periods of time 5,049
during which the eligible offender is at the eligible offender's 5,050
place of employment or at other premises as authorized by the 5,052
sentencing court or by the parole board.
(2) The eligible offender is required to report 5,055
periodically to a person designated by the court or parole board. 5,056
(3) The eligible offender is subject to any other 5,058
restrictions and requirements that may be imposed by the 5,059
sentencing court or by the parole board. 5,060
(U)(T) "Intensive PROBATION supervision" means a 5,062
requirement that an offender maintain frequent contact with a 5,063
116
person appointed by the court, or by the parole board pursuant to 5,064
section 2967.28 of the Revised Code, to supervise the offender 5,065
while the offender is seeking or maintaining necessary employment 5,066
and participating in training, education, and treatment programs 5,067
as required in the court's or parole board's order. "INTENSIVE 5,068
PROBATION SUPERVISION" INCLUDES INTENSIVE PAROLE SUPERVISION AND 5,069
INTENSIVE POST-RELEASE CONTROL SUPERVISION. 5,070
(V)(U) "Jail" means a jail, workhouse, minimum security 5,073
jail, or other residential facility used for the confinement of 5,074
alleged or convicted offenders that is operated by a political 5,075
subdivision or a combination of political subdivisions of this 5,076
state.
(W)(V) "Delinquent child" has the same meaning as in 5,078
section 2151.02 of the Revised Code. 5,080
(X)(W) "License violation report" means a report that is 5,083
made by a sentencing court, or by the parole board pursuant to 5,084
section 2967.28 of the Revised Code, to the regulatory or 5,085
licensing board or agency that issued an offender a professional 5,086
license or a license or permit to do business in this state and 5,088
that specifies that the offender has been convicted of or pleaded 5,089
guilty to an offense that may violate the conditions under which 5,090
the offender's professional license or license or permit to do 5,091
business in this state was granted or an offense for which the 5,092
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 5,093
(Y)(X) "Major drug offender" means an offender who is 5,096
convicted of or pleads guilty to the possession of, sale of, or 5,097
offer to sell any drug, compound, mixture, preparation, or 5,098
substance that consists of or contains at least one thousand 5,099
grams of hashish; at least one hundred grams of crack cocaine; at 5,100
least one thousand grams of cocaine that is not crack cocaine; at 5,101
least TWO THOUSAND FIVE HUNDRED UNIT DOSES OR two hundred fifty 5,102
grams of heroin; at least five thousand unit doses of L.S.D. OR 5,104
FIVE HUNDRED GRAMS OF L.S.D. IN A LIQUID CONCENTRATE, LIQUID 5,105
117
EXTRACT, OR LIQUID DISTILLATE FORM; or at least one hundred times 5,106
the amount of any other schedule I or II controlled substance 5,108
other than marihuana that is necessary to commit a felony of the 5,109
third degree pursuant to section 2925.03, 2925.04, 2925.05, 5,110
2925.06, or 2925.11 of the Revised Code that is based on the 5,111
possession of, sale of, or offer to sell the controlled 5,112
substance.
(Z)(Y) "Mandatory prison term" means one any of the 5,114
following: 5,115
(1) Subject to division (DD)(Z)(Y)(2) of this section, the 5,118
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10)(11) 5,120
of section 2929.13 and division (D) of section 2929.14 of the 5,121
Revised Code. Except as provided in sections 2925.02, 2925.03, 5,123
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 5,124
maximum or another specific term is required under section 5,125
2929.14 of the Revised Code, a mandatory prison term described in 5,126
this division may be any prison term authorized for the level of 5,127
offense.
(2) The term of sixty days in prison that a sentencing 5,130
court is required to impose for a fourth degree felony OMVI 5,131
offense pursuant to division (G)(2) of section 2929.13 and 5,132
division (A)(4) of section 4511.99 of the Revised Code. 5,133
(3) The term in prison imposed pursuant to section 2971.03 5,135
of the Revised Code for the offenses and in the circumstances 5,136
described in division (F)(9)(10) of section 2929.13 of the 5,137
Revised Code and that term as modified or terminated pursuant to 5,139
section 2971.05 of the Revised Code. 5,140
(AA)(Z) "Monitored time" means a period of time during 5,143
which an offender continues to be under the control of the 5,144
sentencing court or parole board, subject to no conditions other 5,145
than leading a law abiding life.
(BB)(AA) "Offender" means a person who, in this state, is 5,148
convicted of or pleads guilty to a felony or a misdemeanor. 5,149
118
(CC)(BB) "Prison" means a residential facility used for 5,152
the confinement of convicted felony offenders that is under the 5,153
control of the department of rehabilitation and correction but 5,154
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 5,155
(DD)(CC) "Prison term" includes any of the following 5,157
sanctions for an offender: 5,158
(1) A stated prison term; 5,160
(2) A term in a prison shortened by, or with the approval 5,163
of, the sentencing court pursuant to section 2929.20, 2967.26, 5,164
5120.031, 5120.032, or 5120.073 of the Revised Code; 5,165
(3) A term in prison extended by bad time imposed pursuant 5,168
to section 2967.11 of the Revised Code or imposed for a violation 5,169
of post-release control pursuant to section 2967.28 of the 5,170
Revised Code.
(EE)(DD) "Repeat violent offender" means a person about 5,173
whom both of the following apply:
(1) The person has been convicted of or has pleaded guilty 5,176
to, and is being sentenced for committing, for complicity in 5,177
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 5,178
other than one set forth in Chapter 2925. of the Revised Code, a 5,180
felony of the first degree set forth in Chapter 2925. of the 5,181
Revised Code that involved an attempt to cause serious physical 5,182
harm to a person or that resulted in serious physical harm to a 5,183
person, or a felony of the second degree that involved an attempt 5,184
to cause serious physical harm to a person or that resulted in 5,186
serious physical harm to a person.
(2) Either of the following applies: 5,188
(a) The person previously was convicted of or pleaded 5,190
guilty to, and served a prison term for, any of the following: 5,191
(i) Aggravated murder, murder, involuntary manslaughter, 5,193
rape, felonious sexual penetration as it existed under section 5,195
2907.12 of the Revised Code as it existed prior to September 3,
119
1996, a felony of the first or second degree that resulted in the 5,196
death of a person or in physical harm to a person, or complicity 5,197
in or an attempt to commit any of those offenses; 5,198
(ii) An offense under an existing or former law of this 5,201
state, another state, or the United States that is or was 5,202
substantially equivalent to an offense listed under division 5,203
(EE)(DD)(2)(a)(i) of this section AND THAT RESULTED IN THE DEATH 5,204
OF A PERSON OR IN PHYSICAL HARM TO A PERSON.
(b) The person previously was adjudicated a delinquent 5,206
child for committing an act that if committed by an adult would 5,207
have been an offense listed in division (EE)(DD)(2)(a)(i) or (ii) 5,209
of this section, the person was committed to the department of 5,210
youth services for that delinquent act, and the juvenile court in 5,211
which the person was adjudicated a delinquent child made a 5,212
specific finding that the adjudication should be considered a 5,214
conviction for purposes of a determination in the future pursuant
to this chapter as to whether the person is a repeat violent 5,215
offender.
(FF)(EE) "Sanction" means any penalty imposed upon an 5,218
offender who is convicted of or pleads guilty to an offense, as 5,219
punishment for the offense. "Sanction" includes any sanction 5,220
imposed pursuant to any provision of sections 2929.14 to 2929.18 5,221
of the Revised Code.
(GG)(FF) "Sentence" means the sanction or combination of 5,224
sanctions imposed by the sentencing court on an offender who is 5,225
convicted of or pleads guilty to a felony.
(HH)(GG) "Stated prison term" means the prison term, 5,228
mandatory prison term, or combination of all prison terms and 5,229
mandatory prison terms imposed by the sentencing court pursuant 5,230
to section 2929.14 or 2971.03 of the Revised Code. "Stated 5,231
prison term" includes any credit received by the offender for 5,232
time spent in jail awaiting trial, sentencing, or transfer to 5,233
prison for the offense and any time spent under house arrest or 5,234
electronically monitored house arrest imposed after earning 5,235
120
credits pursuant to section 2967.193 of the Revised Code. 5,236
(II)(HH) "Victim-offender mediation" means a 5,239
reconciliation or mediation program that involves an offender and 5,240
the victim of the offense committed by the offender and that
includes a meeting in which the offender and the victim may 5,241
discuss the offense, discuss restitution, and consider other 5,242
sanctions for the offense. 5,243
(JJ)(II) "Fourth degree felony OMVI offense" means a 5,246
violation of division (A) of section 4511.19 of the Revised Code 5,248
that, under section 4511.99 of the Revised Code, is a felony of 5,250
the fourth degree.
(KK)(JJ) "Mandatory term of local incarceration" means the 5,253
term of sixty days in a jail, a community-based correctional 5,254
facility, a halfway house, or an alternative residential facility 5,255
that a sentencing court is required to impose upon a person who 5,256
is convicted of or pleads guilty to a fourth degree felony OMVI 5,257
offense pursuant to division (G)(1) of section 2929.13 of the 5,258
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 5,259
(LL)(KK) "Designated homicide, assault, or kidnapping 5,261
offense," "sexual motivation specification," "sexually violent 5,262
offense," "sexually violent predator," and "sexually violent 5,263
predator specification" have the same meanings as in section 5,264
2971.01 of the Revised Code.
(MM)(LL) "Habitual sex offender," "sexually oriented 5,266
offense," and "sexual predator" have the same meanings as in 5,267
section 2950.01 of the Revised Code. 5,268
(MM) "MOTOR VEHICLE" AND "MANUFACTURED HOME" HAVE THE SAME 5,270
MEANINGS AS IN SECTION 4501.01 OF THE REVISED CODE. 5,271
(NN) "DETENTION" AND "DETENTION FACILITY" HAVE THE SAME 5,273
MEANINGS AS IN SECTION 2921.01 OF THE REVISED CODE. 5,274
Sec. 2929.12. (A) Unless a mandatory prison term is 5,284
OTHERWISE required by division (F) of section 2929.13 or section 5,286
2929.14 of the Revised Code, a court that imposes a sentence 5,287
121
under this chapter upon an offender for a felony has discretion 5,288
to determine the most effective way to comply with the purposes 5,289
and principles of sentencing set forth in section 2929.11 of the 5,290
Revised Code. In exercising that discretion, the court shall 5,291
consider the factors set forth in divisions (B) and (C) of this 5,293
section relating to the seriousness of the conduct and the 5,294
factors provided in divisions (D) and (E) of this section 5,295
relating to the likelihood of the offender's recidivism and, in 5,296
addition, may consider any other factors that are relevant to 5,297
achieving those purposes and principles of sentencing. 5,298
(B) The sentencing court shall consider all of the 5,301
following that apply regarding the offender, the offense, or the
victim, and any other relevant factors, as indicating that the 5,302
offender's conduct is more serious than conduct normally 5,303
constituting the offense: 5,304
(1) The physical or mental injury suffered by the victim 5,307
of the offense due to the conduct of the offender was exacerbated 5,308
because of the physical or mental condition or age of the victim. 5,309
(2) The victim of the offense suffered serious physical, 5,312
psychological, or economic harm as a result of the offense. 5,313
(3) The offender held a public office or position of trust 5,316
in the community, and the offense related to that office or
position. 5,317
(4) The offender's occupation, elected office, or 5,319
profession obliged the offender to prevent the offense or bring 5,320
others committing it to justice. 5,321
(5) The offender's professional reputation or occupation, 5,324
elected office, or profession was used to facilitate the offense 5,325
or is likely to influence the future conduct of others. 5,326
(6) The offender's relationship with the victim 5,328
facilitated the offense. 5,329
(7) The offender committed the offense for hire or as a 5,331
part of an organized criminal activity. 5,332
(8) In committing the offense, the offender was motivated 5,335
122
by prejudice based on race, ethnic background, gender, sexual
orientation, or religion. 5,336
(C) The sentencing court shall consider all of the 5,338
following that apply regarding the offender, the offense, or the 5,339
victim, and any other relevant factors, as indicating that the 5,340
offender's conduct is less serious than conduct normally 5,341
constituting the offense:
(1) The victim induced or facilitated the offense. 5,343
(2) In committing the offense, the offender acted under 5,345
strong provocation. 5,346
(3) In committing the offense, the offender did not cause 5,349
or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the 5,351
offender's conduct, although the grounds are not enough to 5,352
constitute a defense. 5,353
(D) The sentencing court shall consider all of the 5,355
following that apply regarding the offender, and any other 5,356
relevant factors, as factors indicating that the offender is 5,358
likely to commit future crimes:
(1) At the time of committing the offense, the offender 5,360
was under release from confinement before trial or sentencing, 5,361
under a sanction imposed pursuant to section 2929.16, 2929.17, or 5,362
2929.18 of the Revised Code, or under post-release control 5,364
pursuant to section 2967.28 or any other provision of the Revised 5,365
Code for an earlier offense. 5,366
(2) The offender previously was adjudicated a delinquent 5,369
child pursuant to Chapter 2151. of the Revised Code, or the 5,370
offender has a history of criminal convictions. 5,371
(3) The offender has not been rehabilitated to a 5,373
satisfactory degree after previously being adjudicated a 5,374
delinquent child pursuant to Chapter 2151. of the Revised Code, 5,376
or the offender has not responded favorably to sanctions 5,377
previously imposed for criminal convictions. 5,378
(4) The offender has demonstrated a pattern of drug or 5,380
123
alcohol abuse that is related to the offense, and the offender 5,381
refuses to acknowledge that the offender has demonstrated that 5,382
pattern, or the offender refuses treatment for the drug or 5,383
alcohol abuse.
(5) The offender shows no genuine remorse for the offense. 5,385
(E) The sentencing court shall consider all of the 5,387
following that apply regarding the offender, and any other 5,388
relevant factors, as factors indicating that the offender is not 5,389
likely to commit future crimes:
(1) Prior to committing the offense, the offender had not 5,391
been adjudicated a delinquent child. 5,392
(2) Prior to committing the offense, the offender had not 5,394
been convicted of or pleaded guilty to a criminal offense. 5,395
(3) Prior to committing the offense, the offender had led 5,398
a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not 5,401
likely to recur.
(5) The offender shows genuine remorse for the offense. 5,403
Sec. 2929.13. (A) Except as provided in division (E), 5,413
(F), or (G) of this section and unless a specific sanction is 5,414
required to be imposed or is precluded from being imposed 5,415
pursuant to law, a court that imposes a sentence upon an offender 5,416
for a felony may impose any sanction or combination of sanctions 5,417
on the offender that are provided in sections 2929.14 to 2929.18 5,418
of the Revised Code. The sentence shall not impose an 5,419
unnecessary burden on state or local government resources. 5,420
If the offender is eligible to be sentenced to community 5,422
control sanctions, the court shall consider the appropriateness 5,424
of imposing a financial sanction pursuant to section 2929.18 of 5,425
the Revised Code or a sanction of community service pursuant to 5,427
section 2929.17 of the Revised Code as the sole sanction for the 5,428
offense. Except as otherwise provided in this division, if the 5,429
court is required to impose a mandatory prison term for the 5,430
offense for which sentence is being imposed, the court also may 5,431
124
impose a financial sanction pursuant to section 2929.18 of the 5,432
Revised Code but may not impose any additional sanction or 5,433
combination of sanctions under section 2929.16 or 2929.17 of the 5,434
Revised Code. 5,435
If the offender is being sentenced for a fourth degree 5,437
felony OMVI offense, in addition to the mandatory term of local 5,438
incarceration or the mandatory prison term required for the 5,440
offense by division (G)(1) or (2) of this section, the court 5,442
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 5,445
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 5,447
offender be sentenced to a mandatory term of local incarceration, 5,448
an additional community control sanction or combination of 5,450
community control sanctions under section 2929.16 or 2929.17 of 5,451
the Revised Code; 5,452
(2) If division (G)(2) of this section requires that the 5,454
offender be sentenced to a mandatory prison term, an additional 5,455
prison term as described in division (D)(4) of section 2929.14 of 5,456
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 5,459
(G) of this section, in sentencing an offender for a felony of 5,460
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 5,462
(a) In committing the offense, the offender caused 5,464
physical harm to a person. 5,465
(b) In committing the offense, the offender attempted to 5,468
cause or made an actual threat of physical harm to a person with 5,469
a deadly weapon.
(c) In committing the offense, the offender attempted to 5,472
cause or made an actual threat of physical harm to a person, and 5,473
the offender previously was convicted of an offense that caused 5,474
physical harm to a person.
(d) The offender held a public office or position of trust 5,477
125
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 5,478
or to bring those committing it to justice; or the offender's 5,479
professional reputation or position facilitated the offense or 5,480
was likely to influence the future conduct of others. 5,481
(e) The offender committed the offense for hire or as part 5,483
of an organized criminal activity. 5,484
(f) The offense is a sex offense that is a fourth or fifth 5,487
degree felony violation of section 2907.03, 2907.04, 2907.05, 5,488
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 5,489
Revised Code.
(g) The offender previously served a prison term. 5,491
(h) The offender previously was subject to a community 5,493
control sanction, and the offender committed another THE offense 5,495
while under the A COMMUNITY CONTROL sanction, WHILE ON PROBATION, 5,496
OR WHILE RELEASED FROM CUSTODY ON A BOND OR PERSONAL 5,497
RECOGNIZANCE.
(i) THE OFFENDER COMMITTED THE OFFENSE WHILE IN POSSESSION 5,499
OF A FIREARM. 5,500
(2)(a) If the court makes a finding described in division 5,503
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h), OR (i) of this 5,504
section and if the court, after considering the factors set forth 5,506
in section 2929.12 of the Revised Code, finds that a prison term 5,507
is consistent with the purposes and principles of sentencing set 5,508
forth in section 2929.11 of the Revised Code and finds that the 5,510
offender is not amenable to an available community control 5,511
sanction, the court shall impose a prison term upon the offender. 5,512
(b) Except as provided in division (E), (F), or (G) of 5,514
this section, if the court does not make a finding described in 5,516
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h), OR (i) 5,517
of this section and if the court, after considering the factors 5,519
set forth in section 2929.12 of the Revised Code, finds that a 5,521
community control sanction or combination of community control 5,522
sanctions is consistent with the purposes and principles of 5,523
126
sentencing set forth in section 2929.11 of the Revised Code, the 5,526
court shall impose a community control sanction or combination of 5,527
community control sanctions upon the offender. 5,528
(C) Except as provided in division (E) or (F) of this 5,531
section, in determining whether to impose a prison term as a 5,532
sanction for a felony of the third degree or a felony drug 5,533
offense that is a violation of a provision of Chapter 2925. of 5,535
the Revised Code and that is specified as being subject to this 5,538
division for purposes of sentencing, the sentencing court shall 5,539
comply with the purposes and principles of sentencing under 5,540
section 2929.11 of the Revised Code and with section 2929.12 of 5,543
the Revised Code.
(D) Except as provided in division (E) or (F) of this 5,546
section, for a felony of the first or second degree and for a 5,547
felony drug offense that is a violation of any provision of 5,548
Chapter 2925., 3719., or 4729. of the Revised Code for which a 5,549
presumption in favor of a prison term is specified as being 5,550
applicable, it is presumed that a prison term is necessary in 5,551
order to comply with the purposes and principles of sentencing 5,552
under section 2929.11 of the Revised Code. Notwithstanding the 5,553
presumption established under this division, the sentencing court 5,554
may impose a community control sanction or a combination of 5,555
community control sanctions instead of a prison term on an 5,556
offender for a felony of the first or second degree or for a 5,557
felony drug offense that is a violation of any provision of 5,558
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 5,559
applicable if it makes both of the following findings: 5,561
(1) A community control sanction or a combination of 5,563
community control sanctions would adequately punish the offender 5,565
and protect the public from future crime, because the applicable 5,566
factors under section 2929.12 of the Revised Code indicating a 5,568
lesser likelihood of recidivism outweigh the applicable factors 5,570
under that section indicating a greater likelihood of recidivism. 5,572
127
(2) A community control sanction or a combination of 5,574
community control sanctions would not demean the seriousness of 5,576
the offense, because one or more factors under section 2929.12 of 5,577
the Revised Code that indicate that the offender's conduct was 5,578
less serious than conduct normally constituting the offense are 5,579
applicable, and they outweigh the applicable factors under that 5,580
section that indicate that the offender's conduct was more 5,581
serious than conduct normally constituting the offense. 5,582
(E)(1) Except as provided in division (F) of this section, 5,585
for any drug offense that is a violation of any provision of 5,586
Chapter 2925. of the Revised Code and that is a felony of the 5,587
third, fourth, or fifth degree, the applicability of a 5,588
presumption under division (D) of this section in favor of a 5,589
prison term or of division (B) or (C) of this section in 5,590
determining whether to impose a prison term for the offense shall 5,592
be determined as specified in section 2925.02, 2925.03, 2925.04, 5,593
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 5,594
2925.36, or 2925.37 of the Revised Code, whichever is applicable 5,597
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 5,599
to a felony drug offense in violation of a provision of Chapter 5,600
2925., 3719., or 4729. of the Revised Code violates the 5,601
conditions of a community control sanction imposed for the 5,602
offense solely by possessing or using a controlled substance and 5,604
if the offender has not failed to meet the conditions of any drug 5,606
treatment program in which the offender was ordered to
participate as a sanction for the offense REASON OF PRODUCING 5,608
POSITIVE RESULTS ON A DRUG TEST, the court, as punishment for the 5,609
violation of the sanction, shall NOT order that the offender BE 5,611
IMPRISONED UNLESS THE COURT DETERMINES ON THE RECORD EITHER OF 5,612
THE FOLLOWING:
(a) THE OFFENDER HAD BEEN ORDERED AS A SANCTION FOR THE 5,614
FELONY TO participate in a drug treatment program, IN A DRUG 5,617
EDUCATION PROGRAM, or in alcoholics anonymous, narcotics 5,619
128
anonymous, or a similar program if the court determines that an 5,620
order of that nature is, AND THE OFFENDER CONTINUED TO USE 5,621
ILLEGAL DRUGS AFTER A REASONABLE PERIOD OF PARTICIPATION IN THE 5,623
PROGRAM.
(b) THE IMPRISONMENT OF THE OFFENDER FOR THE VIOLATION IS 5,625
consistent with the purposes and principles of sentencing set 5,626
forth in section 2929.11 of the Revised Code. If the court 5,627
determines that an order of that nature would not be consistent 5,628
with those purposes and principles or if the offender violated 5,629
the conditions of a drug treatment program in which the offender 5,630
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 5,631
sanction, including a prison term. 5,632
(F) Notwithstanding divisions (A) to (E) of this section, 5,635
the court shall impose a prison term or terms under sections 5,636
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 5,637
Revised Code and except as specifically provided in section 5,638
2929.20 OR 2967.191 of the Revised Code or when parole is 5,639
authorized for the offense under section 2967.13 of the Revised 5,640
Code, shall not reduce the terms pursuant to section 2929.20, 5,641
section 2967.193, or any other provision of Chapter 2967. or 5,643
Chapter 5120. of the Revised Code for any of the following 5,644
offenses: 5,645
(1) Aggravated murder when death is not imposed or murder; 5,647
(2) Any rape, regardless of whether force was involved and 5,649
regardless of the age of the victim, or an attempt to commit rape 5,650
by force when the victim is under thirteen years of age; 5,653
(3) Gross sexual imposition or sexual battery, if the 5,655
victim is under thirteen years of age, if the offender previously 5,657
was convicted of or pleaded guilty to rape, the former offense of 5,658
felonious sexual penetration, gross sexual imposition, or sexual 5,659
battery, and if the victim of the previous offense was under 5,661
thirteen years of age;
(4) A felony violation of section 2903.04, 2903.06, 5,663
129
2903.07, or 2903.08 of the Revised Code if the section requires 5,664
the imposition of a prison term; 5,665
(5) A first, second, or third degree felony drug offense 5,668
for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 5,669
4729.99 of the Revised Code, whichever is applicable regarding 5,671
the violation, requires the imposition of a mandatory prison 5,672
term;
(6) Any offense that is a first or second degree felony 5,674
and that is not set forth in division (F)(1), (2), (3), or (4) of 5,676
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 5,678
degree felony, or an offense under an existing or former law of 5,679
this state, another state, or the United States that is or was 5,680
substantially equivalent to one of those offenses;
(7) ANY OFFENSE THAT IS A THIRD DEGREE FELONY AND THAT IS 5,682
LISTED IN DIVISION (DD)(1) OF SECTION 2929.01 OF THE REVISED CODE 5,683
IF THE OFFENDER PREVIOUSLY WAS CONVICTED OF OR PLEADED GUILTY TO 5,684
ANY OFFENSE THAT IS LISTED IN DIVISION (DD)(2)(a)(i) OR (ii) OF 5,685
SECTION 2929.01 OF THE REVISED CODE; 5,686
(8) Any offense, other than a violation of section 2923.12 5,688
of the Revised Code, that is a felony, if the offender had a 5,690
firearm on or about the offender's person or under the offender's 5,691
control while committing the felony, with respect to a portion of 5,692
the sentence imposed pursuant to division (D)(1)(a) of section 5,694
2929.14 of the Revised Code for having the firearm;
(8)(9) Corrupt activity in violation of section 2923.32 of 5,696
the Revised Code when the most serious offense in the pattern of 5,698
corrupt activity that is the basis of the offense is a felony of 5,699
the first degree;
(9)(10) Any sexually violent offense for which the 5,701
offender also is convicted of or pleads guilty to a sexually 5,703
violent predator specification that was included in the 5,704
indictment, count in the indictment, or information charging the 5,705
130
sexually violent offense;
(10)(11) A violation of division (A)(1) or (2) of section 5,707
2921.36 of the Revised Code, or a violation of division (C) of 5,710
that section involving an item listed in division (A)(1) or (2) 5,711
of that section, if the offender is an officer or employee of the 5,712
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 5,715
if an offender is being sentenced for a fourth degree felony OMVI 5,716
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 5,717
accordance with the following: 5,718
(1) Except as provided in division (G)(2) of this section, 5,720
the court shall impose upon the offender a mandatory term of 5,721
local incarceration of sixty days as specified in division (A)(4) 5,722
of section 4511.99 of the Revised Code and shall not reduce the 5,723
term pursuant to section 2929.20, 2967.193, or any other 5,724
provision of the Revised Code. The court that imposes a 5,725
mandatory term of local incarceration under this division shall 5,726
specify whether the term is to be served in a jail, a 5,727
community-based correctional facility, a halfway house, or an 5,728
alternative residential facility, and the offender shall serve 5,729
the term in the type of facility specified by the court. The 5,730
court shall not sentence the offender to a prison term and shall 5,731
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 5,732
incarceration imposed under division (G)(1) of this section is 5,733
not subject to extension under section 2967.11 of the Revised 5,734
Code, to a period of post-release control under section 2967.28 5,735
of the Revised Code, or to any other Revised Code provision that 5,736
pertains to a prison term.
(2) If the offender previously has been sentenced to a 5,738
mandatory term of local incarceration pursuant to division (G)(1) 5,739
of this section for a fourth degree felony OMVI offense, the 5,740
court shall impose upon the offender a mandatory prison term of 5,741
131
sixty days as specified in division (A)(4) of section 4511.99 of 5,742
the Revised Code and shall not reduce the term pursuant to 5,743
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 5,744
to a mandatory term of local incarceration pursuant to division 5,745
(G)(1) of this section for a fourth degree felony OMVI offense be 5,746
sentenced to another mandatory term of local incarceration under 5,747
that division for a fourth degree felony OMVI offense. The court 5,748
shall not sentence the offender to a community control sanction 5,749
under section 2929.16 or 2929.17 of the Revised Code. The 5,750
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 5,751
intensive program prison established pursuant to section 5120.033 5,752
of the Revised Code if the department gave the sentencing judge 5,753
prior notice of its intent to place the offender in an intensive 5,754
program prison established under that section and if the judge 5,755
did not notify the department that the judge disapproved the 5,756
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 5,757
that is privately operated and managed by a contractor pursuant 5,758
to a contract entered into under section 9.06 of the Revised 5,759
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 5,761
make a reasonable effort to ensure that a sufficient number of 5,762
offenders sentenced to a mandatory prison term under this 5,763
division are placed in the privately operated and managed prison 5,764
so that the privately operated and managed prison has full 5,765
occupancy.
(b) Unless the privately operated and managed prison has 5,767
full occupancy, the department of rehabilitation and correction 5,768
shall not place any offender sentenced to a mandatory prison term 5,769
under this division in any intensive program prison established 5,770
pursuant to section 5120.033 of the Revised Code other than the 5,772
privately operated and managed prison.
132
(H) If an offender is being sentenced for a sexually 5,775
oriented offense committed on or after January 1, 1997, the judge 5,776
shall require the offender to submit to a DNA specimen collection 5,778
procedure pursuant to section 2901.07 of the Revised Code if 5,780
either of the following applies:
(1) The offense was a sexually violent offense, and the 5,782
offender also was convicted of or pleaded guilty to a sexually 5,783
violent predator specification that was included in the 5,784
indictment, count in the indictment, or information charging the 5,785
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 5,787
offense determines pursuant to division (B) of section 2950.09 of 5,788
the Revised Code that the offender is a sexual predator. 5,789
(I) If an offender is being sentenced for a sexually 5,792
oriented offense committed on or after January 1, 1997, the judge 5,793
shall include in the sentence a summary of the offender's duty to 5,795
register pursuant to section 2950.04 of the Revised Code, the 5,796
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 5,797
section 2950.05 of the Revised Code, the offender's duty to 5,798
periodically verify the offender's current residence address 5,799
pursuant to section 2950.06 of the Revised Code, and the duration 5,800
of the duties. The judge shall inform the offender, at the time 5,801
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 5,803
Code, shall perform the duties specified in that section. 5,804
(J)(1) EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS 5,808
SECTION, WHEN CONSIDERING SENTENCING FACTORS UNDER THIS SECTION 5,809
IN RELATION TO AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 5,810
TO AN ATTEMPT TO COMMIT AN OFFENSE IN VIOLATION OF SECTION 5,811
2923.02 OF THE REVISED CODE, THE SENTENCING COURT SHALL CONSIDER 5,813
THE FACTORS APPLICABLE TO THE FELONY CATEGORY OF THE VIOLATION OF 5,814
SECTION 2923.02 OF THE REVISED CODE INSTEAD OF THE FACTORS 5,816
APPLICABLE TO THE FELONY CATEGORY OF THE OFFENSE ATTEMPTED. 5,818
133
(2) WHEN CONSIDERING SENTENCING FACTORS UNDER THIS SECTION 5,821
IN RELATION TO AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 5,822
TO AN ATTEMPT TO COMMIT A DRUG ABUSE OFFENSE FOR WHICH THE 5,823
PENALTY IS DETERMINED BY THE AMOUNT OR NUMBER OF UNIT DOSES OF 5,824
THE CONTROLLED SUBSTANCE INVOLVED IN THE DRUG ABUSE OFFENSE, THE 5,825
SENTENCING COURT SHALL CONSIDER THE FACTORS APPLICABLE TO THE 5,826
FELONY CATEGORY THAT THE DRUG ABUSE OFFENSE ATTEMPTED WOULD BE IF 5,827
THAT DRUG ABUSE OFFENSE HAD BEEN COMMITTED AND HAD INVOLVED AN 5,828
AMOUNT OR NUMBER OF UNIT DOSES OF THE CONTROLLED SUBSTANCE THAT 5,829
IS WITHIN THE NEXT LOWER RANGE OF CONTROLLED SUBSTANCE AMOUNTS
THAN WAS INVOLVED IN THE ATTEMPT. 5,831
(K) AS USED IN THIS SECTION, "DRUG ABUSE OFFENSE" HAS THE 5,834
SAME MEANING AS IN SECTION 2925.01 OF THE REVISED CODE. 5,836
Sec. 2929.14. (A) Except as provided in division (C), 5,846
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 5,847
relation to an offense for which a sentence of death or life 5,848
imprisonment is to be imposed, if the court imposing a sentence 5,849
upon an offender for a felony elects or is required to impose a 5,850
prison term on the offender pursuant to this chapter and is not 5,851
prohibited by division (G)(1) of section 2929.13 of the Revised 5,852
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 5,854
(1) For a felony of the first degree, the prison term 5,856
shall be three, four, five, six, seven, eight, nine, or ten 5,857
years. 5,858
(2) For a felony of the second degree, the prison term 5,860
shall be two, three, four, five, six, seven, or eight years. 5,861
(3) For a felony of the third degree, the prison term 5,863
shall be one, two, three, four, or five years. 5,864
(4) For a felony of the fourth degree, the prison term 5,866
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 5,867
fourteen, fifteen, sixteen, seventeen, or eighteen months. 5,868
(5) For a felony of the fifth degree, the prison term 5,870
shall be six, seven, eight, nine, ten, eleven, or twelve months. 5,872
134
(B) Except as provided in division (C), (D)(2), (D)(3), or 5,875
(G) of this section, in section 2907.02 of the Revised Code, or 5,876
in Chapter 2925. of the Revised Code, if the court imposing a 5,878
sentence upon an offender for a felony elects or is required to 5,879
impose a prison term on the offender and if the offender 5,880
previously has not served a prison term, the court shall impose 5,881
the shortest prison term authorized for the offense pursuant to 5,882
division (A) of this section, unless the court finds on the 5,883
record that the shortest prison term will demean the seriousness 5,884
of the offender's conduct or will not adequately protect the 5,885
public from future crime by the offender or others. 5,886
(C) Except as provided in division (G) of this section or 5,888
in Chapter 2925. of the Revised Code, the court imposing a 5,889
sentence upon an offender for a felony may impose the longest 5,890
prison term authorized for the offense pursuant to division (A) 5,891
of this section only upon offenders who committed the worst forms 5,892
of the offense, upon offenders who pose the greatest likelihood 5,893
of committing future crimes, upon certain major drug offenders 5,894
under division (D)(3) of this section, and upon certain repeat 5,895
violent offenders in accordance with division (D)(2) of this 5,897
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b)(d) 5,900
of this section, if an offender who is convicted of or pleads 5,901
guilty to a felony also is convicted of or pleads guilty to a 5,902
specification of the type described in section 2941.141, 5,903
2941.144, OR 2941.145 of the Revised Code, THE COURT SHALL IMPOSE 5,905
ON THE OFFENDER ONE OF THE FOLLOWING PRISON TERMS: 5,906
(i) A PRISON TERM OF SIX YEARS IF THE SPECIFICATION IS OF 5,908
THE TYPE DESCRIBED IN SECTION 2941.144 OF THE REVISED CODE that 5,910
charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or silencer 5,911
on or about the offender's person or under the offender's control 5,913
while committing the felony, a;
(ii) A PRISON TERM OF THREE YEARS IF THE specification IS 5,916
135
of the type described in section 2941.145 of the Revised Code 5,918
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while 5,919
committing the offense and displaying the firearm, brandishing 5,921
the firearm, indicating that the offender possessed the firearm, 5,922
or using it to facilitate the offense, or a; 5,924
(iii) A PRISON TERM OF ONE YEAR IF THE specification IS of 5,927
the type described in section 2941.141 of the Revised Code that 5,929
charges the offender with having a firearm on or about the
offender's person or under the offender's control while 5,930
committing the felony, the. 5,931
(b) IF A court, after imposing IMPOSES a prison term on 5,934
the AN offender for the felony under division (A), (D)(2), or 5,937
(D)(3)(D)(1)(a) of this section, shall impose an additional THE 5,938
prison term, determined pursuant to this division, that shall not 5,940
be reduced pursuant to section 2929.20, section 2967.193, or any 5,942
other provision of Chapter 2967. or Chapter 5120. of the Revised 5,943
Code. If the specification is of the type described in section 5,945
2941.144 of the Revised Code, the additional prison term shall be 5,946
six years. If the specification is of the type described in 5,948
section 2941.145 of the Revised Code, the additional prison term 5,950
shall be three years. If the specification is of the type 5,951
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 5,954
than one additional prison term on an offender under this 5,955
division (D)(1)(a) OF THIS SECTION for felonies committed as part 5,956
of the same act or transaction. If a court imposes an additional 5,957
prison term under division (D)(1)(a)(ii) of this section, the 5,958
court is not precluded from imposing an additional prison term 5,959
under this division.
(ii)(c) Except as provided in division (D)(1)(b)(d) of 5,963
this section, if an offender who is convicted of or pleads guilty 5,964
to a violation of section 2923.161 of the Revised Code or to a 5,966
felony that includes, as an essential element, purposely or 5,967
136
knowingly causing or attempting to cause the death of or physical 5,968
harm to another, also is convicted of or pleads guilty to a 5,969
specification of the type described in section 2941.146 of the 5,970
Revised Code that charges the offender with committing the 5,973
offense by discharging a firearm from a motor vehicle, as defined 5,974
in section 4501.01 of the Revised Code, other than a manufactured 5,976
home, as defined in section 4501.01 of the Revised Code, the 5,979
court, after imposing a prison term on the offender for the 5,980
violation of section 2923.161 of the Revised Code or for the 5,982
other felony offense under division (A), (D)(2), or (D)(3) of 5,983
this section, shall impose an additional prison term of five 5,984
years upon the offender that shall not be reduced pursuant to 5,985
section 2929.20, section 2967.193, or any other provision of 5,986
Chapter 2967. or Chapter 5120. of the Revised Code. A court 5,987
shall not impose more than one additional prison term on an 5,988
offender under this division (D)(1)(c) OF THIS SECTION for 5,989
felonies committed as part of the same act or transaction. If a 5,991
court imposes an additional prison term on an offender under this 5,992
division (D)(1)(c) OF THIS SECTION relative to an offense, the 5,993
court also shall impose an additional A prison term under 5,994
division (D)(1)(a)(i) of this section relative to the same 5,996
offense, provided the criteria specified in that division for 5,997
imposing an additional prison term are satisfied relative to the
offender and the offense. 5,998
(b)(d) The court shall not impose any of the additional 6,001
prison terms described in division (D)(1)(a) of this section OR 6,004
ANY OF THE ADDITIONAL PRISON TERMS DESCRIBED IN DIVISION 6,005
(D)(1)(c) OF THIS SECTION upon an offender for a violation of 6,007
section 2923.12 or 2923.123 of the Revised Code. The court shall 6,008
not impose any of the additional prison terms described in that 6,009
division (D)(1)(a) OF THIS SECTION OR ANY OF THE ADDITIONAL 6,011
PRISON TERMS DESCRIBED IN DIVISION (D)(1)(c) OF THIS SECTION upon 6,013
an offender for a violation of section 2923.13 of the Revised 6,014
Code unless all of the following apply:
137
(i) The offender previously has been convicted of 6,017
aggravated murder, murder, or any felony of the first or second 6,018
degree.
(ii) Less than five years have passed since the offender 6,021
was released from prison or post-release control, whichever is 6,022
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 6,025
to a felony also is convicted of or pleads guilty to a 6,026
specification of the type described in section 2941.149 of the 6,027
Revised Code that the offender is a repeat violent offender, the 6,030
court shall impose a prison term from the range of terms 6,031
authorized for the offense under division (A) of this section 6,032
that may be the longest term in the range and that shall not be 6,033
reduced pursuant to section 2929.20, section 2967.193, or any 6,035
other provision of Chapter 2967. or Chapter 5120. of the Revised 6,036
Code. If the court finds that the repeat violent offender, in 6,038
committing the offense, caused any physical harm that carried a 6,039
substantial risk of death to a person or that involved 6,040
substantial permanent incapacity or substantial permanent 6,041
disfigurement of a person, the court shall impose the longest 6,042
prison term from the range of terms authorized for the offense 6,044
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 6,047
violent offender imposes the longest prison term from the range 6,048
of terms authorized for the offense under division (A) of this 6,049
section, the court may impose on the offender an additional 6,050
definite prison term of one, two, three, four, five, six, seven, 6,051
eight, nine, or ten years if the court finds that both of the 6,052
following apply with respect to the prison terms imposed on the 6,053
offender pursuant to division (D)(2)(a) of this section and, if 6,054
applicable, divisions (D)(1) and (3) of this section: 6,055
(i) The terms so imposed are inadequate to punish the 6,058
offender and protect the public from future crime, because the 6,059
applicable factors under section 2929.12 of the Revised Code 6,062
138
indicating a greater likelihood of recidivism outweigh the 6,064
applicable factors under that section indicating a lesser
likelihood of recidivism. 6,065
(ii) The terms so imposed are demeaning to the seriousness 6,068
of the offense, because one or more of the factors under section 6,069
2929.12 of the Revised Code indicating that the offender's 6,070
conduct is more serious than conduct normally constituting the 6,071
offense are present, and they outweigh the applicable factors 6,072
under that section indicating that the offender's conduct is less 6,074
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 6,077
section 2903.01 or 2907.02 of the Revised Code and the penalty 6,078
imposed for the violation is life imprisonment or commits a 6,079
violation of section 2903.02 of the Revised Code, if the offender 6,080
commits a violation of section 2925.03, 2925.04, or 2925.11 of 6,081
the Revised Code and that section CLASSIFIES THE OFFENDER AS A 6,082
MAJOR DRUG OFFENDER AND requires the imposition of a ten-year 6,084
prison term on the offender or, if a THE OFFENDER COMMITS A 6,086
FELONY VIOLATION OF SECTION 2925.02, 2925.04, 2925.05, 2925.36, 6,087
3719.07, 3719.08, 3719.16, 3719.161, 4729.37, OR 4729.61, 6,088
DIVISION (C) OR (D) OF SECTION 3719.172, DIVISION (C) OF SECTION 6,089
4729.51, OR DIVISION (J) OF SECTION 4729.54 OF THE REVISED CODE 6,090
THAT INCLUDES THE SALE, OFFER TO SELL, OR POSSESSION OF A
SCHEDULE I OR II CONTROLLED SUBSTANCE, WITH THE EXCEPTION OF 6,091
MARIHUANA, AND THE court imposing a sentence upon an THE offender 6,093
for a felony finds that the offender is guilty of a specification 6,095
of the type described in section 2941.1410 of the Revised Code, 6,096
CHARGING that the offender is a major drug offender, OR IF THE 6,098
COURT IMPOSING SENTENCE UPON AN OFFENDER FOR A FELONY FINDS THAT 6,099
THE OFFENDER is guilty of corrupt activity with the most serious 6,100
offense in the pattern of corrupt activity being a felony of the 6,101
first degree, or is guilty of an attempted forcible violation of 6,102
section 2907.02 of the Revised Code with the victim being under 6,103
thirteen years of age and that attempted violation is the felony 6,104
139
for which sentence is being imposed, the court shall impose upon 6,105
the offender for the felony violation a ten-year prison term that 6,106
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 6,108
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 6,111
division (D)(3)(a) of this section may impose an additional 6,112
prison term of one, two, three, four, five, six, seven, eight, 6,113
nine, or ten years, if the court, with respect to the term 6,114
imposed under division (D)(3)(a) of this section and, if 6,115
applicable, divisions (D)(1) and (2) of this section, makes both 6,117
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 6,118
this section.
(4) If the offender is being sentenced for a fourth degree 6,120
felony OMVI offense and if division (G)(2) of section 2929.13 of 6,122
the Revised Code requires the sentencing court to impose upon the 6,123
offender a mandatory prison term, the sentencing court shall 6,124
impose upon the offender a mandatory prison term in accordance 6,125
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 6,126
prison term of any duration specified in division (A)(4) of this 6,127
section minus the sixty days imposed upon the offender as the 6,128
mandatory prison term. The total of the additional prison term 6,129
imposed under division (D)(4) of this section plus the sixty days 6,130
imposed as the mandatory prison term shall equal one of the 6,131
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 6,132
division (D)(4) of this section, the offender shall serve the 6,133
additional prison term after the offender has served the 6,134
mandatory prison term required for the offense. The court shall 6,135
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 6,136
(E)(1) If a mandatory prison term is imposed upon an 6,139
offender pursuant to division (D)(1)(a) of this section for 6,140
having a firearm on or about the offender's person or under the
140
offender's control while committing a felony or, if a mandatory 6,142
prison term is imposed upon an offender pursuant to division 6,144
(D)(1)(b)(d) of this section for committing a felony specified in 6,145
that division by discharging a firearm from a motor vehicle, OR 6,146
IF BOTH TYPES OF MANDATORY PRISON TERMS ARE IMPOSED, the offender 6,147
shall serve the ANY mandatory prison term IMPOSED UNDER EITHER 6,149
DIVISION CONSECUTIVELY TO ANY OTHER MANDATORY PRISON TERM IMPOSED 6,150
UNDER EITHER DIVISION AND SHALL SERVE ALL MANDATORY PRISON TERMS 6,151
IMPOSED UNDER THOSE DIVISIONS consecutively to and prior to the 6,152
ANY prison term imposed for the underlying felony pursuant to 6,153
division (A), (D)(2), or (D)(3) of this section or any other 6,154
section of the Revised Code and consecutively to any other prison 6,155
term or mandatory prison term previously or subsequently imposed 6,157
upon the offender. 6,158
(2) If an offender who is an inmate in a jail, prison, or 6,161
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 6,163
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 6,164
offender who is an inmate in a jail, prison, or other residential 6,165
detention facility or is under detention at a detention facility 6,166
commits another felony while the offender is an escapee in 6,168
violation of section 2921.34 of the Revised Code, any prison term 6,170
imposed upon the offender for one of those violations shall be 6,171
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 6,173
committed that offense and to any other prison term previously or 6,174
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 6,175
meanings as in section 2921.01 of the Revised Code. 6,176
(3) If a prison term is imposed for a violation of 6,178
division (B) of section 2911.01 of the Revised Code or if a 6,180
prison term is imposed for a felony violation of division (B) of 6,181
section 2921.331 of the Revised Code, the offender shall serve
141
that prison term consecutively to any other prison term or 6,183
mandatory prison term previously or subsequently imposed upon the 6,184
offender.
(4) If multiple prison terms are imposed on an offender 6,186
for convictions of multiple offenses, the court may require the 6,187
offender to serve the prison terms consecutively if the court 6,188
finds that the consecutive service is necessary to protect the 6,189
public from future crime or to punish the offender and that 6,190
consecutive sentences are not disproportionate to the seriousness 6,191
of the offender's conduct and to the danger the offender poses to 6,193
the public, and if the court also finds any of the following: 6,194
(a) The offender committed the multiple offenses while the 6,197
offender was awaiting trial or sentencing, was under a sanction 6,198
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 6,199
Revised Code, or was under post-release control for a prior 6,200
offense.
(b) The harm caused by the multiple offenses was so great 6,203
or unusual that no single prison term for any of the offenses 6,204
committed as part of a single course of conduct adequately 6,205
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 6,207
demonstrates that consecutive sentences are necessary to protect 6,208
the public from future crime by the offender. 6,209
(5) When consecutive prison terms are imposed pursuant to 6,212
division (E)(1), (2), (3), or (4) of this section, the term to be 6,213
served is the aggregate of all of the terms so imposed. 6,214
(F) If a court imposes a prison term of a type described 6,217
in division (B) of section 2967.28 of the Revised Code, it shall 6,218
include in the sentence a requirement that the offender be 6,219
subject to a period of post-release control after the offender's 6,220
release from imprisonment, in accordance with that division. If 6,221
a court imposes a prison term of a type described in division (C) 6,222
of that section, it shall include in the sentence a requirement 6,223
that the offender be subject to a period of post-release control 6,224
142
after the offender's release from imprisonment, in accordance 6,225
with that division, if the parole board determines that a period 6,226
of post-release control is necessary. 6,227
(G) If a person is convicted of or pleads guilty to a 6,229
sexually violent offense and also is convicted of or pleads 6,230
guilty to a sexually violent predator specification that was 6,231
included in the indictment, count in the indictment, or 6,232
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 6,233
the Revised Code, and Chapter 2971. of the Revised Code applies 6,234
regarding the prison term or term of life imprisonment without 6,235
parole imposed upon the offender and the service of that term of 6,236
imprisonment.
(H) If a person who has been convicted of or pleaded 6,238
guilty to a felony is sentenced to a prison term or term of 6,239
imprisonment under this section, sections 2929.02 to 2929.06 of 6,240
the Revised Code, section 2971.03 of the Revised Code, or any 6,241
other provision of law, section 5120.163 of the Revised Code 6,242
applies regarding the person while the person is confined in a
state correctional institution. 6,243
(I) If an offender who is convicted of or pleads guilty to 6,245
a felony that is an offense of violence also is convicted of or 6,247
pleads guilty to a specification of the type described in section 6,248
2941.142 of the Revised Code that charges the offender with 6,249
having committed the felony while participating in a criminal 6,250
gang, the court shall impose upon the offender an additional 6,251
prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to 6,253
aggravated murder, murder, or a felony of the first, second, or 6,255
third degree that is an offense of violence also is convicted of 6,256
or pleads guilty to a specification of the type described in 6,257
section 2941.143 of the Revised Code that charges the offender 6,259
with having committed the offense in a school safety zone or 6,261
towards a person in a school safety zone, the court shall impose
143
upon the offender an additional prison term of two years. The 6,262
offender shall serve the additional two years consecutively to 6,263
and prior to the prison term imposed for the underlying offense. 6,264
(K) AT THE TIME OF SENTENCING, THE COURT SHALL DETERMINE 6,266
IF AN OFFENDER IS ELIGIBLE FOR PLACEMENT IN A PROGRAM OF SHOCK 6,267
INCARCERATION UNDER SECTION 5120.031 OF THE REVISED CODE OR IS 6,268
ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON UNDER 6,269
SECTION 5120.032 OF THE REVISED CODE. THE COURT MAY RECOMMEND
THE OFFENDER FOR PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION, 6,270
IF ELIGIBLE, OR FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON, IF 6,271
ELIGIBLE, DISAPPROVE PLACEMENT OF THE OFFENDER IN A PROGRAM OF 6,272
SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON, REGARDLESS 6,273
OF ELIGIBILITY, OR MAKE NO RECOMMENDATION ON PLACEMENT OF THE 6,274
OFFENDER.
IF THE COURT DISAPPROVES PLACEMENT OF THE OFFENDER IN A 6,276
PROGRAM OR PRISON OF THAT NATURE, THE DEPARTMENT OF 6,277
REHABILITATION AND CORRECTION SHALL NOT PLACE THE OFFENDER IN ANY 6,278
PROGRAM OF SHOCK INCARCERATION OR INTENSIVE PROGRAM PRISON. 6,279
IF THE COURT APPROVES PLACEMENT OF THE OFFENDER IN A 6,281
PROGRAM OF SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON, 6,282
THE DEPARTMENT SHALL NOTIFY THE COURT IF THE OFFENDER IS 6,283
SUBSEQUENTLY PLACED IN THE RECOMMENDED PROGRAM OR PRISON AND 6,284
SHALL INCLUDE WITH THE NOTICE A BRIEF DESCRIPTION OF THE
PLACEMENT.
IF THE COURT APPROVES PLACEMENT OF THE OFFENDER IN A 6,286
PROGRAM OF SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON 6,287
AND THE DEPARTMENT DOES NOT SUBSEQUENTLY PLACE THE OFFENDER IN 6,288
THE RECOMMENDED PROGRAM OR PRISON, THE DEPARTMENT SHALL SEND A 6,289
NOTICE TO THE COURT INDICATING WHY THE OFFENDER WAS NOT PLACED IN 6,290
THE RECOMMENDED PROGRAM OR PRISON.
IF THE COURT DOES NOT MAKE A RECOMMENDATION UNDER THIS 6,292
DIVISION WITH RESPECT TO AN ELIGIBLE OFFENDER, THE DEPARTMENT 6,293
SHALL SCREEN THE OFFENDER AND DETERMINE IF THERE IS AN AVAILABLE 6,294
PROGRAM OF SHOCK INCARCERATION OR AN INTENSIVE PROGRAM PRISON FOR 6,295
144
WHICH THE OFFENDER IS SUITED. IF THERE IS AN AVAILABLE PROGRAM 6,296
OF SHOCK INCARCERATION OR AN INTENSIVE PROGRAM PRISON FOR WHICH 6,297
THE OFFENDER IS SUITED, THE DEPARTMENT SHALL NOTIFY THE COURT OF
THE PROPOSED PLACEMENT OF THE OFFENDER AND SHALL INCLUDE WITH THE 6,298
NOTICE A BRIEF DESCRIPTION OF THE PLACEMENT. THE COURT SHALL 6,299
HAVE TEN DAYS FROM RECEIPT OF THE NOTICE TO DISAPPROVE THE 6,300
PLACEMENT.
Sec. 2929.15. (A)(1) If in sentencing an offender for a 6,310
felony the court is not required to impose a prison term, a 6,311
mandatory prison term, or a term of life imprisonment upon the 6,312
offender, the court may directly impose a sentence community 6,313
control that consists of one or more community control sanctions 6,314
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 6,315
the Revised Code. If the court is sentencing an offender for a 6,316
fourth degree felony OMVI offense and if it is required to impose 6,317
on the offender a mandatory term of local incarceration pursuant 6,318
to division (G)(1) of section 2929.13 of the Revised Code, in 6,319
addition to the mandatory term of local incarceration and the 6,320
mandatory fine required by division (B)(3) of section 2929.18 of 6,322
the Revised Code, the court may impose upon the offender a
community control sanction or combination of community control 6,323
sanctions in accordance with sections 2929.16 and 2929.17 of the 6,324
Revised Code. The duration of all community control sanctions so 6,326
imposed imposed upon an offender shall not exceed five years. IF 6,328
THE OFFENDER ABSCONDS OR OTHERWISE LEAVES THE JURISDICTION OF THE
COURT IN WHICH THE OFFENDER RESIDES WITHOUT OBTAINING PERMISSION 6,329
FROM THE COURT OR THE OFFENDER'S PROBATION OFFICER TO LEAVE THE 6,330
JURISDICTION OF THE COURT, OR IF THE OFFENDER IS CONFINED IN ANY 6,331
INSTITUTION FOR THE COMMISSION OF ANY OFFENSE WHILE UNDER A 6,332
COMMUNITY CONTROL SANCTION, THE PERIOD OF THE COMMUNITY CONTROL
SANCTION CEASES TO RUN UNTIL THE OFFENDER IS BROUGHT BEFORE THE 6,333
COURT FOR ITS FURTHER ACTION. If the court sentences the 6,335
offender to one or more nonresidential sanctions under section 6,336
2929.17 of the Revised Code, the court shall comply with division 6,337
145
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 6,338
mandatory AS A condition described in that division OF THE 6,340
NONRESIDENTIAL SANCTIONS THAT, DURING THE PERIOD OF THE
SANCTIONS, THE OFFENDER MUST ABIDE BY THE LAW AND MUST NOT LEAVE 6,341
THE STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S 6,342
PROBATION OFFICER. The court may impose any other conditions of 6,344
release under a community control sanction that the court
considers appropriate. If the court is sentencing an offender 6,346
for a fourth degree felony OMVI offense and if it is required to 6,347
impose on the offender a mandatory prison term pursuant to 6,348
division (G)(2) of section 2929.13 of the Revised Code, the court 6,350
shall not impose upon the offender any community control sanction
or combination of community control sanctions under section 6,351
2929.16 or 2929.17 of the Revised Code. 6,352
(2)(a) If a court sentences an offender to any community 6,354
control sanction or combination of community control sanctions 6,355
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 6,356
the Revised Code, the court shall place the offender under the 6,357
general control and supervision of a department of probation in 6,358
the county that serves the court for purposes of reporting to the 6,359
court a violation of any CONDITION of the sanctions or the 6,360
mandatory condition imposed under division (C)(1)(b) of section 6,362
2951.02 of the Revised Code, A VIOLATION OF LAW, OR THE DEPARTURE 6,363
OF THE OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE 6,364
COURT OR THE OFFENDER'S PROBATION OFFICER. Alternatively, if the 6,366
offender resides in another county and a county department of
probation has been established in that county or that county is 6,368
served by a multicounty probation department established under 6,369
section 2301.27 of the Revised Code, the court may request the 6,370
court of common pleas of that county to receive the offender into 6,371
the general control and supervision of that county or multicounty 6,373
department of probation for purposes of reporting to the court a 6,374
violation of any CONDITION of the sanctions, or the mandatory 6,375
condition imposed under division (C)(1)(b) of section 2951.02 of 6,376
146
the Revised Code A VIOLATION OF LAW, OR THE DEPARTURE OF THE 6,377
OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE COURT OR 6,378
THE OFFENDER'S PROBATION OFFICER, subject to the jurisdiction of
the trial judge over and with respect to the person of the 6,381
offender, and to the rules governing that department of 6,382
probation.
If there is no department of probation in the county that 6,385
serves the court, the court shall place the offender, regardless 6,386
of the offender's county of residence, under the general control 6,387
and supervision of the adult parole authority for purposes of 6,388
reporting to the court a violation of any of the sanctions or the 6,389
mandatory condition imposed under division (C)(1)(b) of section 6,390
2951.02 of the Revised Code, A VIOLATION OF LAW, OR THE DEPARTURE 6,391
OF THE OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE 6,392
COURT OR THE OFFENDER'S PROBATION OFFICER. 6,393
(b) If the court imposing sentence upon an offender 6,395
sentences the offender to any community control sanction or 6,396
combination of community control sanctions authorized pursuant to 6,398
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 6,399
the offender violates any CONDITION of the sanctions or the 6,400
mandatory condition imposed under division (C)(1)(b) of section 6,402
2951.02 of the Revised Code, VIOLATES ANY LAW, OR DEPARTS THE 6,403
STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S 6,404
PROBATION OFFICER, the public or private person or entity that 6,406
operates or administers the sanction or the program or activity 6,407
that comprises the sanction shall report the violation OR 6,408
DEPARTURE directly to the sentencing court, or shall report the 6,409
violation OR DEPARTURE to the county or multicounty department of 6,410
probation with general control and supervision over the offender 6,412
under division (A)(2)(a) of this section or the officer of that 6,413
department who supervises the offender, or, if there is no such 6,414
department with general control and supervision over the offender 6,415
under that division, to the adult parole authority. If the 6,416
public or private person or entity that operates or administers 6,417
147
the sanction or the program or activity that comprises the 6,418
sanction reports the violation OR DEPARTURE to the county or 6,419
multicounty department of probation or the adult parole 6,421
authority, the department's or authority's officers may treat the 6,422
offender as if the offender were on probation and in violation of 6,423
the probation, and shall report the violation of the CONDITION OF 6,424
THE sanction or the mandatory condition imposed under division 6,425
(C)(1)(b) of section 2951.02 of the Revised Code, THE VIOLATION 6,426
OF LAW, OR THE DEPARTURE FROM THE STATE WITHOUT THE REQUIRED 6,427
PERMISSION to the sentencing court. 6,428
(B) If the conditions of a community control sanction or 6,431
the mandatory condition imposed under division (C)(1)(b) of
section 2951.02 of the Revised Code is ARE violated OR IF THE 6,432
OFFENDER VIOLATES A LAW OR LEAVES THE STATE WITHOUT THE 6,433
PERMISSION OF THE COURT OR THE OFFENDER'S PROBATION OFFICER, the 6,434
sentencing court may impose a longer time under the same sanction 6,435
if the total time under the sanctions does not exceed the 6,436
five-year limit specified in division (A) of this section, may 6,437
impose a more restrictive sanction under section 2929.16, 6,438
2929.17, or 2929.18 of the Revised Code, or may impose a prison 6,439
term on the offender pursuant to section 2929.14 of the Revised 6,440
Code. The court shall not eliminate the mandatory condition 6,441
imposed under division (C)(1)(b) of section 2951.02 of the
Revised Code. The prison term, if any, imposed upon a violator 6,443
pursuant to this division shall be within the range of prison 6,444
terms available for the offense for which the sanction that was 6,445
violated was imposed and shall not exceed the prison term 6,446
specified in the notice provided to the offender at the 6,447
sentencing hearing pursuant to division (B)(3) of section 2929.19 6,448
of the Revised Code. The court may reduce the longer period of 6,449
time that the offender is required to spend under the longer 6,450
sanction, the more restrictive sanction, or a prison term imposed 6,451
pursuant to this division by the time the offender successfully 6,452
spent under the sanction that was initially imposed. 6,453
148
(C) If an offender, for a significant period of time, 6,456
fulfills the conditions of a sanction imposed pursuant to section 6,457
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 6,458
manner, the court may reduce the period of time under the 6,459
sanction or impose a less restrictive sanction, but the court 6,460
shall not eliminate the mandatory condition imposed under 6,461
division (C)(1)(b) of section 2951.02 of the Revised Code PERMIT
THE OFFENDER TO VIOLATE ANY LAW OR PERMIT THE OFFENDER TO LEAVE 6,462
THE STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S 6,463
PROBATION OFFICER.
Sec. 2929.17. The court imposing a sentence for a felony 6,473
upon an offender who is not required to serve a mandatory prison 6,474
term may impose any nonresidential sanction or combination of 6,475
nonresidential sanctions authorized under this section. If the 6,476
court imposes one or more nonresidential sanctions authorized
under this section, the court shall comply with division 6,477
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 6,478
mandatory AS A condition described in that division. The OF THE 6,480
SANCTION THAT, DURING THE PERIOD OF THE NONRESIDENTIAL SANCTION, 6,481
THE OFFENDER SHALL ABIDE BY THE LAW AND SHALL NOT LEAVE THE STATE 6,482
WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S PROBATION 6,483
OFFICER.
THE court imposing a sentence for a fourth degree felony 6,485
OMVI offense upon an offender who is required to serve a 6,487
mandatory term of local incarceration under division (G)(1) of 6,488
section 2929.13 of the Revised Code may impose upon the offender,
in addition to the mandatory term of local incarceration, a 6,489
nonresidential sanction or combination of nonresidential 6,490
sanctions under this section, and the offender shall serve or 6,491
satisfy the sanction or combination of sanctions after the 6,492
offender has served the mandatory term of local incarceration
required for the offense. Nonresidential sanctions include, but 6,493
are not limited to, the following: 6,494
(A) A term of day reporting; 6,496
149
(B) A term of electronically monitored house arrest, a 6,498
term of electronic monitoring without house arrest, or a term of 6,499
house arrest without electronic monitoring; 6,500
(C) A term of community service of up to five hundred 6,502
hours pursuant to division (F) of section 2951.02 of the Revised 6,504
Code or, if the court determines that the offender is financially 6,505
incapable of fulfilling a financial sanction described in section 6,506
2929.18 of the Revised Code, a term of community service as an 6,507
alternative to a financial sanction; 6,508
(D) A term in a drug treatment program with a level of 6,510
security for the offender as determined necessary by the court; 6,511
(E) A term of intensive PROBATION supervision; 6,513
(F) A term of basic PROBATION supervision; 6,515
(G) A term of monitored time; 6,517
(H) A term of drug and alcohol use monitoring; 6,519
(I) A curfew term; 6,521
(J) A requirement that the offender obtain employment; 6,523
(K) A requirement that the offender obtain education or 6,526
training;
(L) Provided the court obtains the prior approval of the 6,528
victim, a requirement that the offender participate in 6,529
victim-offender mediation; 6,530
(M) A license violation report. 6,532
Sec. 2929.18. (A) Except as otherwise provided in this 6,541
division and in addition to imposing court costs pursuant to 6,542
section 2947.23 of the Revised Code, the court imposing a 6,543
sentence upon an offender for a felony may sentence the offender 6,544
to any financial sanction or combination of financial sanctions 6,546
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 6,547
offender a fine in accordance with that section. If the offender 6,548
is sentenced to a sanction of confinement pursuant to section 6,549
2929.14 or 2929.16 of the Revised Code that is to be served in a 6,550
facility operated by a board of county commissioners, a 6,551
150
legislative authority of a municipal corporation, or another 6,552
governmental entity, the court imposing sentence upon an offender 6,553
for a felony shall comply with division (A)(4)(b) of this section 6,554
in determining whether to sentence the offender to a financial 6,555
sanction described in division (A)(4)(a) of this section. 6,556
Financial sanctions that may be imposed pursuant to this section 6,557
include, but are not limited to, the following: 6,558
(1) Restitution by the offender to the victim of the 6,560
offender's crime or any survivor of the victim, in an amount 6,561
based on the victim's economic loss. The court shall order that 6,562
the restitution be made to the adult probation department that 6,563
serves the county on behalf of the victim, to the clerk of 6,564
courts, or to another agency designated by the court, except that 6,565
it may include a requirement that reimbursement be made to third 6,566
parties for amounts paid to or on behalf of the victim or any 6,567
survivor of the victim for economic loss resulting from the 6,568
offense. If reimbursement to third parties is required, the 6,569
reimbursement shall be made to any governmental agency to repay 6,570
any amounts paid by the agency to or on behalf of the victim or 6,571
any survivor of the victim for economic loss resulting from the 6,572
offense before any reimbursement is made to any person other than 6,573
a governmental agency. If no governmental agency incurred 6,574
expenses for economic loss of the victim or any survivor of the 6,575
victim resulting from the offense, the reimbursement shall be 6,576
made to any person other than a governmental agency to repay 6,577
amounts paid by that person to or on behalf of the victim or any 6,578
survivor of the victim for economic loss of the victim resulting 6,580
from the offense. The court shall not require an offender to 6,581
repay an insurance company for any amounts the company paid on 6,582
behalf of the offender pursuant to a policy of insurance. At 6,583
sentencing, the court shall determine the amount of restitution 6,585
to be made by the offender. All restitution payments shall be 6,586
credited against any recovery of economic loss in a civil action 6,587
brought by the victim or any survivor of the victim against the 6,588
151
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 6,590
this section, a fine payable by the offender to the state, to a 6,591
political subdivision, or as described in division (B)(2) of this 6,593
section to one or more law enforcement agencies, with the amount 6,594
of the fine based on a standard percentage of the offender's 6,595
daily income over a period of time determined by the court and 6,596
based upon the seriousness of the offense. A fine ordered under 6,597
this division shall not exceed the statutory fine amount 6,598
authorized for the level of the offense under division (A)(3) of 6,599
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 6,601
this section, a fine payable by the offender to the state, to a 6,602
political subdivision when appropriate for a felony, or as 6,603
described in division (B)(2) of this section to one or more law 6,605
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 6,608
thousand dollars;
(b) For a felony of the second degree, not more than 6,611
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 6,614
thousand dollars;
(d) For a felony of the fourth degree, not more than five 6,617
thousand dollars;
(e) For a felony of the fifth degree, not more than two 6,620
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 6,623
reimbursement by the offender of any or all of the costs of 6,625
sanctions incurred by the government, including the following: 6,626
(i) All or part of the costs of implementing any community 6,629
control sanction;
(ii) All or part of the costs of confinement under a 6,632
sanction imposed pursuant to section 2929.14 or 2929.16 of the 6,633
Revised Code, provided that the amount of reimbursement ordered 6,634
152
under this division shall not exceed ten thousand dollars or the 6,636
total amount of reimbursement the offender is able to pay as 6,637
determined at a hearing, whichever amount is greater AND SHALL 6,638
NOT EXCEED THE ACTUAL COST OF THE CONFINEMENT;
(b) If the offender is sentenced to a sanction of 6,640
confinement pursuant to section 2929.14 or 2929.16 of the Revised 6,641
Code that is to be served in a facility operated by a board of 6,643
county commissioners, a legislative authority of a municipal 6,644
corporation, or another local governmental entity, one of the
following applies: 6,645
(i) If, pursuant to section 307.93, 341.14, 341.19, 6,647
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 6,648
Revised Code, the board, legislative authority, or other local 6,649
governmental entity requires prisoners convicted of an offense 6,650
other than a minor misdemeanor to reimburse the county, municipal 6,651
corporation, or other entity for its expenses incurred by reason 6,652
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 6,653
the offender to reimburse the county, municipal corporation, or 6,654
other local governmental entity for the cost of the confinement. 6,655
In addition, the court may impose any other financial sanction 6,656
under this section.
(ii) If, pursuant to any section identified in division 6,658
(A)(4)(b)(i) of this section, the board, legislative authority, 6,660
or other local governmental entity has adopted a resolution or 6,662
ordinance specifying that prisoners convicted of felonies are not 6,663
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 6,665
the prisoner's confinement, the court shall not impose a 6,666
financial sanction under division (A)(4)(a) of this section that 6,667
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 6,668
the confinement, but the court may impose any other financial 6,670
sanction under this section.
153
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 6,672
of this section applies, the court may impose, but is not 6,673
required to impose, any financial sanction under this section. 6,674
(c) Reimbursement by the offender for costs pursuant to 6,677
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 6,680
violation of any provision of Chapter 2925., 3719., or 4729. of 6,681
the Revised Code, the sentencing court shall impose upon the 6,682
offender a mandatory fine of at least one-half of, but not more 6,683
than, the maximum statutory fine amount authorized for the level 6,684
of the offense pursuant to division (A)(3) of this section. If 6,685
an offender alleges in an affidavit filed with the court prior to 6,687
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 6,688
indigent person and is unable to pay the mandatory fine described 6,689
in this division, the court shall not impose the mandatory fine 6,690
upon the offender.
(2) Any mandatory fine imposed upon an offender under 6,692
division (B)(1) of this section and any fine imposed upon an 6,694
offender under division (A)(2) or (3) of this section for any 6,695
fourth or fifth degree felony violation of any provision of 6,696
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 6,697
to law enforcement agencies pursuant to division (F) of section 6,698
2925.03 of the Revised Code. 6,699
(3) For a fourth degree felony OMVI offense, the 6,703
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99 of 6,705
the Revised Code. The mandatory fine so imposed shall be 6,706
disbursed as provided in division (A)(4) of section 4511.99 of 6,708
the Revised Code. 6,709
(4) Notwithstanding any fine otherwise authorized or 6,712
required to be imposed under division (A)(2) or (3) or (B)(1) of 6,713
this section or section 2929.31 of the Revised Code for a 6,714
violation of section 2925.03 or 2925.07 of the Revised Code, in 6,715
154
addition to any penalty or sanction imposed for that offense 6,716
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 6,717
of the Revised Code and in addition to the forfeiture of property 6,719
in connection with the offense as prescribed in sections 2925.42 6,720
to 2925.45 of the Revised Code, the court that sentences an 6,722
offender for a violation of section 2925.03 or 2925.07 of the 6,723
Revised Code may impose upon the offender a fine in addition to 6,724
any fine imposed under division (A)(2) or (3) of this section and 6,726
in addition to any mandatory fine imposed under division (B)(1) 6,727
of this section. The fine imposed under division (B)(4) of this 6,728
section shall be used as provided in division (H) of section 6,729
2925.03 of the Revised Code. A fine imposed under division 6,730
(B)(4) of this section shall not exceed whichever of the 6,731
following is applicable:
(a) The total value of any personal or real property in 6,734
which the offender has an interest and that was used in the 6,735
course of, intended for use in the course of, derived from, or 6,736
realized through conduct in violation of section 2925.03 or 6,737
2925.07 of the Revised Code, including any property that 6,738
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 6,741
type described in division (B)(4)(a) of this section or if it is 6,742
not possible to ascertain whether the offender has an interest in 6,744
any property of that type in which the offender may have an 6,745
interest, the amount of the mandatory fine for the offense 6,746
imposed under division (B)(1) of this section or, if no mandatory 6,747
fine is imposed under division (B)(1) of this section, the amount 6,748
of the fine authorized for the level of the offense imposed under 6,750
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 6,753
section, the court shall determine whether the offender has an 6,754
interest in any property of the type described in division 6,755
(B)(4)(a) of this section. Except as provided in division (B)(6) 6,757
or (7) of this section, a fine that is authorized and imposed 6,758
155
under division (B)(4) of this section does not limit or affect 6,760
the imposition of the penalties and sanctions for a violation of 6,761
section 2925.03 or 2925.07 of the Revised Code prescribed under
those sections or sections 2929.11 to 2929.18 of the Revised Code 6,764
and does not limit or affect a forfeiture of property in 6,765
connection with the offense as prescribed in sections 2925.42 to 6,766
2925.45 of the Revised Code. 6,767
(6) If the sum total of a mandatory fine amount imposed 6,769
for a first, second, or third degree felony violation of section 6,770
2925.03 or a third degree felony violation of section 2925.07 of 6,772
the Revised Code under division (B)(1) of this section plus the 6,773
amount of any fine imposed under division (B)(4) of this section 6,775
does not exceed the maximum statutory fine amount authorized for 6,776
the level of the offense under division (A)(3) of this section or 6,777
section 2929.31 of the Revised Code, the court may impose a fine 6,779
for the offense in addition to the mandatory fine and the fine 6,780
imposed under division (B)(4) of this section. The sum total of 6,781
the amounts of the mandatory fine, the fine imposed under 6,782
division (B)(4) of this section, and the additional fine imposed 6,783
under division (B)(6) of this section shall not exceed the 6,785
maximum statutory fine amount authorized for the level of the 6,786
offense under division (A)(3) of this section or section 2929.31 6,787
of the Revised Code. The clerk of the court shall pay any fine 6,788
that is imposed under division (B)(6) of this section to the 6,789
county, township, municipal corporation, park district as created 6,791
pursuant to section 511.18 or 1545.04 of the Revised Code, or 6,792
state law enforcement agencies in this state that primarily were 6,793
responsible for or involved in making the arrest of, and in 6,794
prosecuting, the offender pursuant to division (F) of section 6,795
2925.03 of the Revised Code. 6,796
(7) If the sum total of the amount of a mandatory fine 6,798
imposed for a first, second, or third degree felony violation of 6,799
section 2925.03 or a third degree felony violation of section 6,800
2925.07 of the Revised Code plus the amount of any fine imposed 6,802
156
under division (B)(4) of this section exceeds the maximum 6,803
statutory fine amount authorized for the level of the offense 6,804
under division (A)(3) of this section or section 2929.31 of the 6,805
Revised Code, the court shall not impose a fine under division 6,806
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 6,809
the offender pursuant to division (A)(4)(a) of this section to 6,811
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 6,813
confine offenders pursuant to sanctions imposed under section 6,814
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 6,815
The treasurer of state shall deposit the reimbursements in the 6,816
confinement cost reimbursement fund that is hereby created in the 6,817
state treasury. The department of rehabilitation and correction 6,818
shall use the amounts deposited in the fund to fund the operation 6,819
of facilities used to confine offenders pursuant to sections 6,820
2929.14 and 2929.16 of the Revised Code. 6,821
(2) Except as provided in section 2951.021 of the Revised 6,823
Code, the offender shall pay reimbursements imposed upon the 6,824
offender pursuant to division (A)(4)(a) of this section to pay 6,826
the costs incurred by a county pursuant to any sanction imposed 6,827
under this section or section 2929.16 or 2929.17 of the Revised 6,828
Code or in operating a facility used to confine offenders 6,829
pursuant to a sanction imposed under section 2929.16 of the 6,830
Revised Code to the county treasurer. The county treasurer shall 6,831
deposit the reimbursements in the sanction cost reimbursement 6,832
fund that each board of county commissioners shall create in its 6,833
county treasury. The county shall use the amounts deposited in 6,834
the fund to pay the costs incurred by the county pursuant to any 6,835
sanction imposed under this section or section 2929.16 or 2929.17 6,836
of the Revised Code or in operating a facility used to confine 6,838
offenders pursuant to a sanction imposed under section 2929.16 of 6,839
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 6,841
157
Code, the offender shall pay reimbursements imposed upon the 6,842
offender pursuant to division (A)(4)(a) of this section to pay 6,844
the costs incurred by a municipal corporation pursuant to any 6,845
sanction imposed under this section or section 2929.16 or 2929.17 6,846
of the Revised Code or in operating a facility used to confine 6,847
offenders pursuant to a sanction imposed under section 2929.16 of 6,848
the Revised Code to the treasurer of the municipal corporation. 6,850
The treasurer shall deposit the reimbursements in a special fund 6,851
that shall be established in the treasury of each municipal 6,852
corporation. The municipal corporation shall use the amounts 6,853
deposited in the fund to pay the costs incurred by the municipal 6,854
corporation pursuant to any sanction imposed under this section 6,855
or section 2929.16 or 2929.17 of the Revised Code or in operating 6,856
a facility used to confine offenders pursuant to a sanction 6,857
imposed under section 2929.16 of the Revised Code. 6,858
(4) Except as provided in section 2951.021 of the Revised 6,860
Code, the offender shall pay reimbursements imposed pursuant to 6,861
division (A)(4)(a) of this section for the costs incurred by a 6,862
private provider pursuant to a sanction imposed under this 6,863
section or section 2929.16 or 2929.17 of the Revised Code to the 6,864
provider.
(D) A financial sanction imposed pursuant to division (A) 6,866
or (B) of this section is a judgment in favor of the state or a 6,867
political subdivision in which the court that imposed the 6,868
financial sanction is located, and the offender subject to the 6,869
sanction is the judgment debtor, except that a financial sanction 6,870
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 6,872
this section upon an offender who is incarcerated in a state 6,873
facility or a municipal jail is a judgment in favor of the state 6,874
or the municipal corporation, a financial sanction of 6,875
reimbursement imposed upon an offender pursuant to this section 6,876
for costs incurred by a private provider of sanctions is a 6,877
judgment in favor of the private provider, and a financial 6,878
sanction of restitution imposed pursuant to this section is a 6,879
158
judgment in favor of the victim of the offender's criminal act. 6,880
THE OFFENDER SUBJECT TO THE SANCTION IS THE JUDGMENT DEBTOR. 6,881
IMPOSITION OF A FINANCIAL SANCTION AND EXECUTION ON THE JUDGMENT 6,882
DOES NOT PRECLUDE ANY OTHER POWER OF THE COURT TO IMPOSE OR
ENFORCE SANCTIONS ON THE OFFENDER. Once the financial sanction 6,883
is imposed as a judgment, the victim, private provider, state, or 6,884
political subdivision may bring an action to do any of the 6,885
following:
(1) Obtain execution of the judgment through any available 6,888
procedure, including:
(a) An execution against the property of the judgment 6,891
debtor under Chapter 2329. of the Revised Code; 6,892
(b) An execution against the person of the judgment debtor 6,895
under Chapter 2331. of the Revised Code; 6,896
(c) A proceeding in aid of execution under Chapter 2333. 6,899
of the Revised Code, including: 6,900
(i) A proceeding for the examination of the judgment 6,903
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 6,904
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 6,907
judgment debtor under section 2333.28 of the Revised Code; 6,908
(iii) A creditor's suit under section 2333.01 of the 6,911
Revised Code.
(d) The attachment of the property of the judgment debtor 6,914
under Chapter 2715. of the Revised Code; 6,915
(e) The garnishment of the property of the judgment debtor 6,918
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 6,920
judgment debtor under section 1321.33 of the Revised Code. 6,922
(E) A court that imposes a financial sanction upon an 6,924
offender may hold a hearing if necessary to determine whether the 6,925
offender is able to pay the sanction or is likely in the future 6,926
to be able to pay it.
(F) Each court imposing a financial sanction upon an 6,929
159
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 6,931
enter into contracts with one or more public agencies or private 6,932
vendors for the collection of, amounts due under the financial 6,933
sanction imposed pursuant to this section or section 2929.25 of 6,934
the Revised Code. Before entering into a contract for the 6,935
collection of amounts due from an offender pursuant to any 6,936
financial sanction imposed pursuant to this section or section 6,937
2929.25 of the Revised Code, a court shall comply with sections 6,938
307.86 to 307.92 of the Revised Code. 6,939
(G) If a court that imposes a financial sanction under 6,942
division (A) or (B) of this section finds that an offender 6,943
satisfactorily has completed all other sanctions imposed upon the 6,944
offender and that all restitution that has been ordered has been 6,945
paid as ordered, the court may suspend any financial sanctions 6,946
imposed pursuant to this section or section 2929.25 of the 6,947
Revised Code that have not been paid. 6,948
(H) No financial sanction imposed under this section or 6,951
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 6,952
Sec. 2929.19. (A)(1) The court shall hold a sentencing 6,964
hearing before imposing a sentence under this chapter upon an 6,966
offender who was convicted of or pleaded guilty to a felony and 6,967
before resentencing an offender who was convicted of or pleaded 6,968
guilty to a felony and whose case was remanded pursuant to 6,969
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 6,970
the offender, the prosecuting attorney, the victim or the 6,971
victim's representative in accordance with section 2930.14 of the 6,972
Revised Code, and, with the approval of the court, any other 6,973
person may present information relevant to the imposition of 6,974
sentence in the case. The court shall inform the offender of the 6,975
verdict of the jury or finding of the court and ask the offender 6,976
whether the offender has anything to say as to why sentence 6,977
should not be imposed upon the offender.
160
(2) Except as otherwise provided in this division, before 6,979
imposing sentence on an offender who is being sentenced for a 6,981
sexually oriented offense that was committed on or after the 6,982
effective date of this amendment JANUARY 1, 1997, and that is not 6,984
a sexually violent offense, and before imposing sentence on an 6,985
offender who is being sentenced for a sexually violent offense 6,986
committed on or after the effective date of this amendment 6,987
JANUARY 1, 1997, and who was not charged with a sexually violent 6,988
predator specification in the indictment, count in the 6,989
indictment, or information charging the sexually violent offense, 6,990
the court shall conduct a hearing in accordance with division (B) 6,991
of section 2950.09 of the Revised Code to determine whether the 6,993
offender is a sexual predator. The court shall not conduct a 6,994
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 6,995
specification was included in the indictment, count in the 6,997
indictment, or information charging the sexually violent offense. 6,998
Before imposing sentence on an offender who is being sentenced 6,999
for a sexually oriented offense, the court also shall comply with 7,000
division (E) of section 2950.09 of the Revised Code. 7,001
(B)(1) At the sentencing hearing, the court, before 7,004
imposing sentence, shall consider the record, any information 7,005
presented at the hearing by any person pursuant to division (A) 7,006
of this section, and, if one was prepared, the presentence 7,007
investigation report made pursuant to section 2951.03 of the 7,008
Revised Code or Criminal Rule 32.2, and any victim impact 7,009
statement made pursuant to section 2947.051 of the Revised Code. 7,011
(2) The court shall impose a sentence and shall make a 7,013
finding that gives its reasons for selecting the sentence imposed 7,015
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 7,017
which the court is required to impose sentence pursuant to 7,018
division (G) of section 2929.14 of the Revised Code, if it 7,019
imposes a prison term for a felony of the fourth or fifth degree 7,020
161
or for a felony drug offense that is a violation of a provision 7,021
of Chapter 2925. of the Revised Code and that is specified as 7,022
being subject to division (B) of section 2929.13 of the Revised 7,024
Code for purposes of sentencing and, if the term is not a 7,025
mandatory prison term imposed pursuant to division (G)(2) of 7,026
section 2929.13 of the Revised Code for a felony OMVI offense, 7,027
its reasons for imposing the prison term, based upon the 7,028
overriding purposes and principles of felony sentencing set forth 7,029
in section 2929.11 of the Revised Code, and any factors listed in 7,030
divisions (B)(1)(a) to (h)(i) of section 2929.13 of the Revised 7,031
Code that it found to apply relative to the offender. 7,032
(b) If it does not impose a prison term for a felony of 7,035
the first or second degree or for a felony drug offense that is a 7,036
violation of a provision of Chapter 2925. of the Revised Code and 7,038
for which a presumption in favor of a prison term is specified as 7,039
being applicable, its reasons for not imposing the prison term 7,040
and for overriding the presumption, based upon the overriding 7,041
purposes and principles of felony sentencing set forth in section 7,042
2929.11 of the Revised Code, and the basis of the findings it 7,043
made under divisions (D)(1) and (2) of section 2929.13 of the 7,045
Revised Code.
(c) If it imposes consecutive sentences under section 7,048
2929.14 of the Revised Code, its reasons for imposing the 7,049
consecutive sentences;
(d) If the sentence is for one offense and it imposes a 7,051
prison term for the offense that is the maximum prison term 7,052
allowed for that offense by division (A) of section 2929.14 of 7,053
the Revised Code, its reasons for imposing the maximum prison 7,054
term;
(e) If the sentence is for two or more offenses arising 7,056
out of a single incident and it imposes a prison term for those 7,057
offenses that is the maximum prison term allowed for the offense 7,058
of the highest degree by division (A) of section 2929.14 of the 7,059
Revised Code, its reasons for imposing the maximum prison term. 7,060
162
(3) Subject to division (B)(4) of this section, if the 7,063
sentencing court determines at the sentencing hearing that a 7,064
prison term is necessary or required, the court shall do all of 7,065
the following:
(a) Impose a stated prison term; 7,067
(b) Notify the offender that, AS PART OF THE SENTENCE, the 7,070
parole board may extend the stated prison term if the offender 7,071
commits any criminal offense under the laws of this state or the 7,072
United States while serving the prison term, that the extension 7,073
will be done administratively as part of the offender's sentence 7,074
in accordance with section 2967.11 of the Revised Code and may be 7,075
for thirty, sixty, or ninety days for each violation, that all 7,076
extensions of any stated prison term for all violations during 7,077
the course of the term may not exceed FOR CERTAIN VIOLATIONS OF 7,078
PRISON RULES FOR UP TO one-half of the term's duration, and that 7,079
the sentence so imposed automatically includes any extension of 7,080
the stated prison term by the parole board; 7,082
(c) Subject to division (B)(4) of this section, NOTIFY THE 7,085
OFFENDER THAT THE OFFENDER WILL BE SUPERVISED UNDER SECTION 7,086
2967.28 OF THE REVISED CODE AFTER THE OFFENDER LEAVES PRISON if
the offender is being sentenced for a felony of the first degree, 7,089
for a felony of the OR second degree, for a felony sex offense, 7,091
as defined in section 2967.28 of the Revised Code, or for a 7,092
felony of the third degree that is not a felony sex offense and 7,094
in the commission of which the offender caused or threatened to 7,096
cause physical harm to a person, notify the offender that a 7,098
period of post-release control pursuant to section 2967.28 of the 7,099
Revised Code will be imposed following the offender's release 7,100
from prison;
(d) Subject to division (B)(4) of this section, NOTIFY THE 7,103
OFFENDER THAT THE OFFENDER MAY BE SUPERVISED UNDER SECTION 7,104
2967.28 OF THE REVISED CODE AFTER THE OFFENDER LEAVES PRISON if
the offender is being sentenced for a felony of the third, 7,106
fourth, or fifth degree that is not subject to division (B)(3)(c) 7,107
163
of this section, notify the offender that a period of
post-release control pursuant to section 2967.28 of the Revised 7,108
Code may be imposed following the offender's release from prison; 7,109
(e) Notify the offender that, if a period of post-release 7,112
control SUPERVISION is imposed following the offender's release 7,114
from prison, as described in division (B)(3)(c) or (d) of this 7,115
section, and if the offender violates a post-release control 7,116
sanction imposed as a component of the post-release control 7,117
including the mandatory condition described in division (A) of 7,118
section 2967.121 of the Revised Code, all of the following apply: 7,119
(i) The adult parole authority or the parole board may 7,122
impose a more restrictive post-release control sanction. 7,123
(ii) The parole board may increase the duration of the 7,126
post-release control subject to a specified maximum. 7,127
(iii) The more restrictive sanction that SUPERVISION, the 7,130
parole board may impose may consist of a prison term, provided 7,132
that the prison term cannot exceed nine months and the maximum 7,133
cumulative prison term so imposed for all violations during the 7,134
period of post-release control cannot exceed AS PART OF THE 7,135
SENTENCE, OF UP TO one-half of the stated prison term originally 7,136
imposed upon the offender. 7,137
(iv) If the violation of the sanction is a felony, the 7,140
offender may be prosecuted for the felony and, in addition to any 7,141
sentence it imposes on the offender for the new felony, the court 7,142
may impose a prison term, subject to a specified maximum, for the 7,143
violation.
(4) If the offender is being sentenced for a sexually 7,145
violent offense that the offender committed on or after the 7,146
effective date of this amendment JANUARY 1, 1997, and the 7,148
offender also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the 7,149
indictment, count in the indictment, or information charging the 7,150
sexually violent offense or if the offender is being sentenced 7,151
for a sexually oriented offense that the offender committed on or 7,152
164
after the effective date of this section JANUARY 1, 1997, and the 7,153
court imposing the sentence has determined pursuant to division 7,154
(B) of section 2950.09 of the Revised Code that the offender is a 7,156
sexual predator, the court shall include in the offender's 7,157
sentence a statement that the offender has been adjudicated as 7,158
being a sexual predator and shall comply with the requirements of 7,159
section 2950.03 of the Revised Code. Additionally, in the 7,160
circumstances described in division (G) of section 2929.14 of the 7,161
Revised Code, the court shall impose sentence on the offender as 7,162
described in that division.
(5) If the sentencing court determines at the sentencing 7,165
hearing that a community control sanction should be imposed and 7,166
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. 7,167
The court shall notify the offender that, if the conditions of 7,168
the sanction are violated or the condition imposed under division 7,169
(C)(1)(b) of section 2951.02 of the Revised Code, if imposed, is 7,170
violated, IF THE OFFENDER COMMITS A VIOLATION OF ANY LAW, OR IF 7,171
THE OFFENDER LEAVES THIS STATE WITHOUT THE PERMISSION OF THE 7,172
COURT OR THE OFFENDER'S PROBATION OFFICER, the court may impose a 7,175
longer time under the same sanction, may impose a more 7,176
restrictive sanction, or may impose a prison term on the offender 7,177
and shall indicate the specific prison term that may be imposed 7,178
as a sanction for the violation, as selected by the court from 7,179
the range of prison terms for the offense pursuant to section 7,180
2929.14 of the Revised Code. 7,181
(6) Before imposing a financial sanction under section 7,183
2929.18 of the Revised Code or a fine under section 2929.25 of 7,184
the Revised Code, the court shall consider the offender's present 7,185
and future ability to pay the amount of the sanction or fine. 7,186
(C)(1) If the offender is being sentenced for a fourth 7,188
degree felony OMVI offense and if the court is required by 7,189
division (G)(1) of section 2929.13 of the Revised Code to impose 7,190
as a sanction a mandatory term of local incarceration, the court 7,191
165
shall impose the mandatory term of local incarceration in 7,192
accordance with that division, shall impose a mandatory fine in 7,193
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as 7,194
specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of 7,195
the Revised Code. The court shall not impose a prison term on 7,196
the offender.
(2) If the offender is being sentenced for a fourth degree 7,198
felony OMVI offense and if the court is required by division 7,199
(G)(2) of section 2929.13 of the Revised Code to impose as a 7,200
sanction a mandatory prison term, the court shall impose the 7,201
mandatory prison term in accordance with that division, shall 7,202
impose a mandatory fine in accordance with division (B)(3) of
section 2929.18 of the Revised Code, and, in addition, may impose 7,203
an additional prison term as specified in section 2929.14 of the 7,204
Revised Code. The court shall not impose any community control 7,205
sanction on the offender.
(D) IF THE SENTENCING COURT DETERMINES AT THE SENTENCING 7,207
HEARING THAT AN OFFENDER IS ELIGIBLE FOR PLACEMENT IN A PROGRAM 7,208
OF SHOCK INCARCERATION UNDER SECTION 5120.031 OF THE REVISED CODE 7,209
OR IN AN INTENSIVE PROGRAM PRISON UNDER SECTION 5120.032 OF THE 7,210
REVISED CODE, THE COURT, PURSUANT TO DIVISION (K) OF SECTION 7,211
2929.14 OF THE REVISED CODE, MAY RECOMMEND PLACEMENT OF THE
OFFENDER IN A PROGRAM OF SHOCK INCARCERATION OR AN INTENSIVE 7,212
PROGRAM PRISON, DISAPPROVE PLACEMENT OF THE OFFENDER IN A PROGRAM 7,213
OR PRISON OF THAT NATURE, OR MAKE NO RECOMMENDATION. THE COURT 7,214
SHALL MAKE A FINDING THAT GIVES ITS REASONS FOR ITS
RECOMMENDATION OR DISAPPROVAL. 7,215
Sec. 2929.20. (A)(1) As used in this section, "eligible 7,225
offender" means any PERSON SERVING A STATED PRISON TERM OF TEN
YEARS OR LESS WHEN EITHER of the following APPLIES: 7,226
(a) A person who has been convicted of or pleaded guilty 7,229
to a felony, who is serving a (1) THE stated prison term of ten 7,231
years or less, and who is not serving DOES NOT INCLUDE a 7,232
166
mandatory prison term; 7,233
(b) A. 7,235
(2) THE STATED PRISON TERM INCLUDES A MANDATORY PRISON 7,238
TERM, AND THE person who has been convicted of or pleaded guilty 7,239
to a felony, who was sentenced to a mandatory prison term and 7,240
another prison term of ten years or less, and who has served the 7,241
mandatory prison term; 7,242
(c) A person who has been convicted of or pleaded guilty 7,245
to a felony, who was sentenced to a mandatory prison term
pursuant to division (D)(1) of section 2929.14 of the Revised 7,247
Code and another prison term of ten years or less, who is 7,249
required by division (E)(1) of section 2929.14 of the Revised 7,251
Code to serve the mandatory prison term and the other prison term 7,253
consecutively, and who has served the mandatory prison term. 7,254
(2) "Eligible offender" does not include any of the 7,256
following: 7,257
(a) A person who has been convicted of or pleaded guilty 7,259
to a felony, who was sentenced to a mandatory prison term 7,260
pursuant to division (D)(2) or (3) of section 2929.14 of the 7,261
Revised Code and another prison term of ten years or less, and 7,262
who is required by division (E)(2), (3), or, (4) of section 7,263
2929.14 of the Revised Code to serve the mandatory prison term 7,267
and the other prison term consecutively, whether or not the
person has served the mandatory prison term. 7,268
(b) A person who has been convicted of or pleaded guilty 7,271
to a felony, who was sentenced to a mandatory prison term 7,272
pursuant to divisions (D)(1) and (2), or division (D)(3) of 7,273
section 2929.14 of the Revised Code and another prison term of 7,275
ten years or less, and who is required by division (E)(1), (2), 7,277
(3), or (4) of section 2929.14 of the Revised Code to serve any 7,279
of the mandatory prison terms and the other prison term 7,280
consecutively, whether or not the person has served the mandatory 7,281
prison terms. 7,282
(B) Upon the filing of a motion by the eligible offender 7,285
167
or upon its own motion, a sentencing court may reduce the 7,286
offender's stated prison term through a judicial release in 7,287
accordance with this section. THE COURT SHALL NOT REDUCE THE
STATED PRISON TERM OF AN OFFENDER WHO IS NOT AN ELIGIBLE 7,288
OFFENDER. An eligible offender may file a motion for judicial 7,291
release with the sentencing court within the following applicable 7,292
period of time:
(1) If (a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 7,295
(B)(1)(b) OR (c) OF THIS SECTION, IF the stated prison term was 7,297
imposed for a felony of the fourth or fifth degree, the eligible 7,298
offender shall MAY file the motion not earlier than thirty days 7,300
or later than ninety days after the offender is delivered to a
state correctional institution. 7,301
(b) IF THE STATED PRISON TERM IS FIVE YEARS AND IS AN 7,303
AGGREGATE OF STATED PRISON TERMS THAT ARE BEING SERVED 7,304
CONSECUTIVELY AND THAT WERE IMPOSED FOR ANY COMBINATION OF 7,305
FELONIES OF THE FOURTH DEGREE AND FELONIES OF THE FIFTH DEGREE, 7,306
THE ELIGIBLE OFFENDER MAY FILE THE MOTION AFTER THE ELIGIBLE
OFFENDER HAS SERVED FOUR YEARS OF THE STATED PRISON TERM. 7,307
(c) IF THE STATED PRISON TERM IS MORE THAN FIVE YEARS AND 7,309
LESS THAN TEN YEARS AND IS AN AGGREGATE OF STATED PRISON TERMS 7,310
THAT ARE BEING SERVED CONSECUTIVELY AND THAT WERE IMPOSED FOR ANY 7,312
COMBINATION OF FELONIES OF THE FOURTH DEGREE AND FELONIES OF THE 7,313
FIFTH DEGREE, THE ELIGIBLE OFFENDER MAY FILE THE MOTION AFTER THE 7,314
ELIGIBLE OFFENDER HAS SERVED FIVE YEARS OF THE STATED PRISON 7,315
TERM.
(2) Except as otherwise provided in division (B)(3) OR (4) 7,317
of this section, if the stated prison term was imposed for a 7,319
felony of the first, second, or third degree, the eligible 7,320
offender shall MAY file the motion not earlier than one hundred 7,322
eighty days after the offender is delivered to a state
correctional institution. 7,323
(3) IF THE STATED PRISON TERM IS FIVE YEARS, THE ELIGIBLE 7,325
OFFENDER MAY FILE THE MOTION AFTER THE ELIGIBLE OFFENDER HAS 7,326
168
SERVED FOUR YEARS OF THE STATED PRISON TERM. 7,327
(4) If the stated prison term is MORE THAN five years or 7,329
more and less than ten years, the eligible offender shall MAY 7,332
file the motion after the eligible offender has served five years 7,334
of the stated prison term.
(4)(5) If the offender was sentenced to OFFENDER'S STATED 7,337
PRISON TERM INCLUDES a mandatory prison term pursuant to division 7,338
(D)(1) of section 2929.14 of the Revised Code and a consecutive 7,340
prison term other than a mandatory prison term that is ten years 7,342
or less, the offender shall file the motion within the time 7,343
authorized under division (B)(1), (2), or (3), OR (4) of this 7,344
section for the felony for which NONMANDATORY PORTION OF the 7,346
prison term other than the mandatory prison term was imposed, but 7,347
the time for filing the motion does not begin to run until after 7,348
the expiration of the mandatory PORTION OF THE prison term. 7,349
(C) Upon receipt of a timely motion for judicial release 7,352
filed by an eligible offender under division (B) of this section 7,353
or upon the sentencing court's own motion made within the 7,354
appropriate time period specified in that division, the court may 7,355
schedule a hearing on the motion. The court may deny the motion 7,356
without a hearing but shall not grant the motion in any case 7,357
without a hearing. If a court denies A MOTION without a hearing 7,358
a motion filed by an eligible offender or on its own motion that 7,360
relates to an eligible offender, the court may consider a 7,361
subsequent judicial release for that eligible offender on its own 7,362
motion or a subsequent motion for judicial release filed by that 7,364
eligible offender. If a court denies A MOTION after a hearing a 7,365
motion filed by an eligible offender or its own motion that 7,368
relates to an eligible offender, the court shall not consider a 7,369
subsequent motion for that eligible offender. The court shall
hold only one hearing for any eligible offender. 7,370
A hearing under this section shall be conducted in open 7,372
court within sixty days after the date on which the motion is 7,373
filed, provided that the court may delay the hearing for a period 7,374
169
not to exceed one hundred eighty additional days. If the court 7,375
schedules HOLDS a hearing on the motion, the court shall enter a 7,376
ruling on the motion within ten days after the hearing. If the 7,378
court denies the motion without a hearing, the court shall enter 7,379
its ruling on the motion within sixty days after the motion is 7,380
filed.
(D) If a court schedules a hearing on the motion filed by 7,383
an eligible offender under this section or on its own motion 7,384
UNDER DIVISION (C) OF THIS SECTION, the court shall notify the 7,385
eligible offender of the hearing. The eligible offender promptly 7,386
shall serve GIVE a copy of the notice of the hearing on TO the 7,388
head of the state correctional institution in which the eligible 7,390
offender is confined. If the court schedules a hearing for 7,391
judicial release, the court promptly shall give notice of the 7,392
hearing to the prosecuting attorney of the county in which the 7,393
eligible offender was indicted. Upon receipt of the notice from 7,394
the court, the prosecuting attorney shall notify the victim of 7,395
the offense for which the stated prison term was imposed or the 7,396
victim's representative, pursuant to section 2930.16 of the 7,397
Revised Code, of the hearing. 7,398
(E) Prior to the date of the hearing on a motion for 7,401
judicial release under this section, the head of the state 7,402
correctional institution in which the eligible offender in 7,403
question is confined shall send to the court a report on the 7,404
eligible offender's conduct in the institution and in any
institution from which the eligible offender may have been 7,405
transferred. The report shall cover the eligible offender's 7,406
participation in school, vocational training, work, treatment, 7,407
and other rehabilitative activities and any disciplinary action 7,408
taken against the eligible offender. The report shall be made 7,409
part of the record of the hearing. 7,410
(F) If the court grants a hearing on a motion for judicial 7,413
release under this section, the eligible offender shall attend 7,414
the hearing if ordered to do so by the court. Upon receipt of a 7,415
170
copy of the journal entry containing the order, the head of the 7,416
state correctional institution in which the eligible offender is 7,417
incarcerated shall deliver the eligible offender to the sheriff 7,418
of the county in which the hearing is to be held. The sheriff 7,419
shall convey the eligible offender to the hearing and return the 7,420
offender to the institution after the hearing. 7,421
(G) At the hearing on a motion for judicial release under 7,424
this section, the court shall afford the eligible offender and 7,425
the eligible offender's counsel ATTORNEY an opportunity to 7,426
present written information relevant to the motion and shall 7,428
afford the eligible offender, if present, and the eligible
offender's attorney AN OPPORTUNITY to present oral information 7,429
relevant to the motion. The court shall afford a similar 7,431
opportunity to the prosecuting attorney, the victim or the 7,432
victim's representative, as defined in section 2930.01 of the 7,433
Revised Code, and any other person the court determines is likely 7,435
to present additional relevant information. The court shall 7,436
consider any statement of a victim made pursuant to section
2930.14 or 2930.17 of the Revised Code and, any victim impact 7,438
statement prepared pursuant to section 2947.051 of the Revised 7,439
Code, AND ANY REPORT MADE UNDER DIVISION (E) OF THIS SECTION. 7,440
After ruling on the motion, the court shall notify the victim of 7,441
the ruling in accordance with sections 2930.03 and 2930.16 of the 7,442
Revised Code. 7,443
(H)(1) A court shall not grant a judicial release under 7,446
this section to an eligible offender who is imprisoned for a 7,447
felony of the first or second degree, or to an eligible offender 7,448
who committed an offense contained in Chapter 2925. or 3719. of 7,449
the Revised Code and for whom there was a presumption under 7,450
section 2929.13 of the Revised Code in favor of a prison term, 7,452
unless the court, with reference to factors under section 2929.12 7,453
of the Revised Code, finds both of the following: 7,454
(a) That a sanction other than a prison term would 7,457
adequately punish the offender and protect the public from future 7,458
171
criminal violations by the eligible offender because the 7,459
applicable factors indicating a lesser likelihood of recidivism 7,460
outweigh the applicable factors indicating a greater likelihood 7,462
of recidivism;
(b) That a sanction other than a prison term would not 7,465
demean the seriousness of the offense because factors indicating 7,466
that the eligible offender's conduct in committing the offense 7,468
was less serious than conduct normally constituting the offense 7,469
outweigh factors indicating that the eligible offender's conduct 7,470
was more serious than conduct normally constituting the offense. 7,471
(2) A court that grants a judicial release to an eligible 7,474
offender under division (H)(1) of this section shall specify on 7,475
the record both findings required in that division and also shall 7,476
list all the factors described in that division that were 7,477
presented at the hearing.
(I) If the court grants a motion for judicial release 7,480
under this section, the court shall order the release of the 7,481
eligible offender, shall place the eligible offender under an
appropriate community control sanction, under a mandatory 7,483
condition of the type described in division (A) of section 7,484
2967.131 of the Revised Code APPROPRIATE COMMUNITY CONTROL 7,485
CONDITIONS, and under the supervision of the department of 7,486
probation serving the court, and shall reserve the right to 7,487
reimpose the sentence that it reduced pursuant to the judicial 7,488
release if the offender violates the sanction. If the court 7,489
reimposes the reduced sentence pursuant to this reserved right, 7,490
it may do so either concurrently with, or consecutive to, any new 7,491
sentence imposed upon the eligible offender as a result of the
violation THAT IS A NEW OFFENSE. The period of the community 7,493
control sanction shall be no longer than five years. The court, 7,495
in its discretion, may reduce the period of the community control 7,496
sanction by the amount of time the eligible offender spent in 7,498
jail for the offense and in prison. If the court made any 7,499
findings pursuant to division (H)(1) of this section, the court 7,500
172
shall serve a copy of the findings upon counsel for the parties 7,501
within fifteen days after the date on which the court grants the 7,502
motion for judicial release.
Prior to being released pursuant to a judicial release 7,504
granted under this section, the eligible offender shall serve any 7,505
extension of sentence that was imposed under section 2967.11 of 7,506
the Revised Code. 7,507
Sec. 2929.223. (A) If a judge in any jurisdiction in 7,517
which the appropriate authority or board requires an offender an 7,518
offense other than a minor misdemeanor to reimburse the costs of 7,520
confinement pursuant to section 307.93, 341.14, 341.19, 341.23, 7,521
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code 7,522
sentences an offender to a term of imprisonment in the facility 7,523
that is subject to the requirement for a misdemeanor, then after 7,524
that person's release from imprisonment, the judge or, if that 7,525
judge no longer is sitting on that court, any judge from that 7,526
court, also shall hold a hearing to determine the amount of the 7,527
reimbursement and whether the offender has the ability to pay the 7,529
reimbursement and the amount the person OFFENDER is able to pay. 7,530
The offender shall have an opportunity to be heard and may be 7,532
represented by counsel at the hearing, at the offender's person's
option. A record shall be made of the hearing. 7,533
Reimbursable expenses shall include, but are not limited 7,535
to, the expenses relating to the provision of food, clothing, 7,536
shelter, medical care, and personal hygiene products, including, 7,537
but not limited to, toothpaste, toothbrushes, and feminine 7,538
hygiene items, to the offender while the offender is imprisoned 7,540
and during any time that the offender is incarcerated before 7,541
sentencing that is credited against the offender's term of 7,542
imprisonment, and up to two hours of overtime costs the sheriff 7,543
or municipal corporation incurred relating to the trial of the 7,544
person.
(B) Before holding a hearing on reimbursement pursuant to 7,546
division (A) of this section, the judge shall investigate or 7,547
173
cause to be investigated the offender's ability to pay the 7,548
reimbursement and possible reimbursement schedules and methods. 7,549
The amount of reimbursement shall be determined at the hearing in 7,550
light of the sentence of imprisonment given and according to the 7,551
offender's ability to pay. However, the actual amount to be paid 7,553
for reimbursable expenses other than medical expenses shall be 7,554
the actual cost of the confinement or a lesser amount determined 7,555
pursuant to section 307.93, 341.14, 341.19, 341.23, 753.02,
753.04, 753.16, 2301.56, or 2947.19 of the Revised Code. The 7,556
actual amount to be paid for medical expenses shall not exceed 7,557
forty per cent of those medical expenses. In determining the 7,558
offender's ability to pay the reimbursement, all of the following 7,560
shall be considered:
(1) The offender's financial resources, excluding the 7,562
funds saved from wages derived from the offender's labor or 7,563
employment during the period of incarceration; 7,564
(2) Any obligation to support the offender's dependents; 7,566
(3) Any obligation to make restitution to the victim of 7,568
the offense of which the offender is convicted; 7,569
(4) The offender's income, assets, liabilities, ability to 7,571
borrow, household expenses, and any other factor that may affect 7,572
the offender's financial ability to make reimbursement. 7,573
(C) At the conclusion of the hearing held pursuant to 7,576
division (A) of this section, the judge shall determine the 7,577
amount of the reimbursable expenses owed by the offender who is 7,578
the subject of the hearing and the amount that the offender is 7,579
able to pay. If the judge determines that the offender is able 7,580
to pay any of the reimbursable expenses, the judge shall issue a 7,581
judgment against the offender in the amount of the reimbursable 7,582
expenses that the offender is able to pay. In the judgment, the 7,583
judge also shall establish a payment schedule for the 7,584
reimbursement. The judgment shall state that the reimbursement 7,585
shall be made to the county, municipal corporation, or township 7,586
for expenses incurred by it during any time that the offender 7,587
174
served in a local jail or workhouse. Each payment on the payment 7,588
schedule shall constitute a separate judgment. The prosecuting 7,589
attorney for a county, city director of law, village solicitor, 7,590
or similar chief legal officer of a municipal corporation, as 7,591
appropriate, may execute upon the judgment for failure to meet 7,592
the payment schedule.
(D) This section does not apply to a person who is 7,594
sentenced for a felony to a term of imprisonment in a facility 7,595
that is subject to a requirement of the type described in 7,597
division (A) of this section. Sections SECTION 2929.18 and 7,598
2929.181 of the Revised Code apply APPLIES to a person who is 7,599
sentenced for a felony to a term of that nature. 7,600
Sec. 2929.41. (A) Except as provided in division (B) of 7,609
this section, division (E) of section 2929.14, or division (D) or 7,610
(E) of section 2971.03 of the Revised Code, a sentence of 7,611
imprisonment shall be served concurrently with any other sentence 7,613
of imprisonment imposed by a court of this state, another state, 7,614
or the United States. In any case, a sentence of imprisonment 7,615
for misdemeanor shall be served concurrently with a sentence of 7,616
imprisonment for felony served in a state or federal correctional 7,617
institution.
(B)(1) A sentence of imprisonment for a misdemeanor shall 7,619
be served consecutively to any other sentence of imprisonment 7,620
when the trial court specifies that it is to be served 7,622
consecutively or when it is imposed for a misdemeanor violation
of section 2907.322, 2921.34, or 2923.131 of the Revised Code. 7,624
(2) When consecutive sentences of imprisonment are imposed 7,627
for misdemeanor, the term to be served is the aggregate of the 7,628
consecutive terms imposed, except that the aggregate term to be 7,629
served shall not exceed eighteen months.
(3) IF A COURT OF THIS STATE IMPOSES A PRISON TERM UPON 7,631
THE OFFENDER FOR THE COMMISSION OF A FELONY AND A COURT OF 7,632
ANOTHER STATE OR THE UNITED STATES ALSO HAS IMPOSED A PRISON TERM 7,633
UPON THE OFFENDER FOR THE COMMISSION OF A FELONY, THE COURT OF 7,634
175
THIS STATE MAY ORDER THAT THE OFFENDER SERVE THE PRISON TERM IT 7,635
IMPOSES CONSECUTIVELY TO ANY PRISON TERM IMPOSED UPON THE 7,636
OFFENDER BY THE COURT OF ANOTHER STATE OR THE UNITED STATES. 7,637
Sec. 2930.01. As used in this chapter: 7,646
(A) "Crime" means any of the following: 7,648
(1) A felony; 7,650
(2) A violation of section 2903.05, 2903.07 2903.06, 7,652
2903.13, 2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 7,654
of the Revised Code, A VIOLATION OF SECTION 2903.07 OF THE 7,655
REVISED CODE AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS 7,656
AMENDMENT, or a violation of a substantially equivalent municipal 7,657
ordinance. 7,658
(B) "Custodial agency" means one of the following: 7,660
(1) The entity that has custody of a defendant or an 7,663
alleged juvenile offender who is incarcerated for a crime, is 7,664
under detention for the commission of a specified delinquent act, 7,665
or who is detained after a finding of incompetence to stand trial 7,666
or not guilty by reason of insanity relative to a crime, 7,667
including any of the following:
(a) The department of rehabilitation and correction or the 7,669
adult parole authority; 7,670
(b) A county sheriff; 7,672
(c) The entity that administers a jail, as defined in 7,674
section 2929.01 of the Revised Code; 7,675
(d) The entity that administers a community-based 7,677
correctional facility and program or a district community-based 7,678
correctional facility and program; 7,679
(e) The department of mental health or other entity to 7,683
which a defendant found incompetent to stand trial or not guilty 7,684
by reason of insanity is committed.
(2) The entity that has custody of an alleged juvenile 7,686
offender pursuant to an order of disposition of a juvenile court, 7,687
including the department of youth services or a school, camp, 7,688
institution, or other facility operated for the care of 7,689
176
delinquent children. 7,690
(C) "Defendant" means a person who is alleged to be the 7,692
perpetrator of a crime in a police report or in a complaint, 7,693
indictment, or information that charges the commission of a crime 7,694
and that provides the basis for the criminal prosecution and 7,695
subsequent proceedings to which this chapter makes reference. 7,696
(D) "Member of the victim's family" means a spouse, child, 7,698
stepchild, sibling, parent, stepparent, grandparent, or other 7,699
relative of a victim but does not include a person who is charged 7,701
with, convicted of, or adjudicated to be a delinquent child for 7,702
the crime or specified delinquent act against the victim or 7,704
another crime or specified delinquent act arising from the same
conduct, criminal episode, or plan. 7,706
(E) "Prosecutor" means one of the following: 7,708
(1) With respect to a criminal case, it has the same 7,710
meaning as in section 2935.01 of the Revised Code and also 7,711
includes the attorney general and, when appropriate, the 7,712
employees of any person listed in section 2935.01 of the Revised 7,713
Code or of the attorney general. 7,714
(2) With respect to a delinquency proceeding, it includes 7,716
any person listed in division (C) of section 2935.01 of the 7,717
Revised Code or an employee of a person listed in that division 7,719
who prosecutes a delinquency proceeding.
(F) "Public agency" means an office, agency, department, 7,721
bureau, or other governmental entity of the state or of a 7,723
political subdivision of the state.
(G) "Public official" has the same meaning as in section 7,725
2921.01 of the Revised Code. 7,726
(H) "Victim" means a person who is identified as the 7,728
victim of a crime or specified delinquent act in a police report 7,729
or in a complaint, indictment, or information that charges the 7,731
commission of a crime and that provides the basis for the 7,732
criminal prosecution or delinquency proceeding and subsequent 7,733
proceedings to which this chapter makes reference. 7,734
177
(I) "Victim's representative" means a member of the 7,736
victim's family or another person who pursuant to the authority 7,737
of section 2930.02 of the Revised Code exercises the rights of a 7,738
victim under this chapter.
(J) "Court" means a court of common pleas, juvenile court, 7,740
municipal court, or county court. 7,741
(K) "Delinquency proceeding" means all proceedings in a 7,743
juvenile court that are related to a case in which a complaint 7,744
has been filed alleging that a child is a delinquent child. 7,745
(L) "Case" means a delinquency proceeding and all related 7,747
activity or a criminal prosecution and all related activity. 7,748
(M) The "defense" means the defense against criminal 7,750
charges in a criminal prosecution or the defense against a 7,751
delinquent child complaint in a delinquency proceeding. 7,752
(N) The "prosecution" means the prosecution of criminal 7,754
charges in a criminal prosecution or the prosecution of a 7,755
delinquent child complaint in a delinquency proceeding. 7,756
(O) "Specified delinquent act" means any of the following: 7,758
(1) An act committed by a child that if committed by an 7,760
adult would be a felony; 7,761
(2) An act committed by a child that is a violation of a 7,763
section listed in division (A)(1) or (2) of this section or is a 7,764
violation of a substantially equivalent municipal ordinance. 7,765
(P)(1) "Alleged juvenile offender" means a child who is 7,767
alleged to have committed a specified delinquent act in a police 7,768
report or in a complaint in juvenile court that charges the 7,769
commission of a specified delinquent act and that provides the 7,770
basis for the delinquency proceeding and all subsequent 7,771
proceedings to which this chapter makes reference.
(2) As used in divisions (O) and (P)(1) of this section, 7,773
"child" has the same meaning as in section 2151.011 of the 7,774
Revised Code.
Sec. 2935.36. (A) The prosecuting attorney may establish 7,783
pre-trial diversion programs for adults who are accused of 7,784
178
committing criminal offenses and whom the prosecuting attorney 7,786
believes probably will not offend again. The programs shall be
operated pursuant to written standards approved by journal entry 7,788
by the presiding judge or, in courts with only one judge, the 7,789
judge of the court of common pleas and shall not be applicable to 7,790
any of the following: 7,791
(1) Repeat offenders or dangerous offenders; 7,793
(2) Persons accused of an offense of violence, of a 7,795
violation of section 2903.06, 2903.07, 2907.04, 2907.05, 2907.21, 7,797
2907.22, 2907.31, 2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 7,798
2919.22, 2921.02, 2921.11, 2921.12, 2921.32, or 2923.20 of the 7,799
Revised Code, or of a violation of section 2905.01, 2905.02, or
2919.23 of the Revised Code that, had it occurred prior to the 7,801
effective date of this amendment JULY 1, 1996, would have been a 7,802
violation of section 2905.04 of the Revised Code as it existed 7,803
prior to that date, with the exception that the prosecuting 7,804
attorney may permit persons accused of any such offense to enter 7,805
a pre-trial diversion program, if the prosecuting attorney finds 7,807
any of the following:
(a) The accused did not cause, threaten, or intend serious 7,809
physical harm to any person; 7,810
(b) The offense was the result of circumstances not likely 7,812
to recur; 7,813
(c) The accused has no history of prior delinquency or 7,815
criminal activity; 7,816
(d) The accused has led a law-abiding life for a 7,818
substantial time before commission of the alleged offense; 7,819
(e) Substantial grounds tending to excuse or justify the 7,821
alleged offense;. 7,822
(3) Persons accused of a violation of Chapter 2925. or 7,824
3719. of the Revised Code; 7,825
(4) Drug dependent persons or persons in danger of 7,827
becoming drug dependent persons, as defined in section 3719.011 7,828
of the Revised Code. However, this division does not affect the 7,829
179
eligibility of such persons for treatment INTERVENTION in lieu of 7,831
conviction pursuant to section 2951.041 of the Revised Code. 7,832
(5) Persons accused of a violation of section 4511.19 of 7,834
the Revised Code or a violation of any substantially similar 7,835
municipal ordinance. 7,836
(B) An accused who enters a diversion program shall do all 7,838
of the following: 7,839
(1) Waive, in writing and contingent upon the accused's 7,841
successful completion of the program, the accused's right to a 7,842
speedy trial, the preliminary hearing, the time period within 7,843
which the grand jury may consider an indictment against the 7,844
accused, and arraignment, unless the hearing, indictment, or 7,845
arraignment has already occurred;
(2) Agree, in writing, to the tolling while in the program 7,847
of all periods of limitation established by statutes or rules of 7,848
court, that are applicable to the offense with which the accused 7,850
is charged and to the conditions of the diversion program 7,851
established by the prosecuting attorney. 7,852
(C) The trial court, upon the application of the 7,854
prosecuting attorney, shall order the release from confinement of 7,855
any accused who has agreed to enter a pre-trial diversion program 7,856
and shall discharge and release any existing bail and release any 7,857
sureties on recognizances and shall release the accused on a 7,858
recognizance bond conditioned upon the accused's compliance with 7,859
the terms of the diversion program. The prosecuting attorney 7,860
shall notify every victim of the crime and the arresting officers 7,861
of the prosecuting attorney's intent to permit the accused to 7,863
enter a pre-trial diversion program. The victim of the crime and 7,864
the arresting officers shall have the opportunity to file written 7,865
objections with the prosecuting attorney prior to the 7,866
commencement of the pre-trial diversion program. 7,867
(D) If the accused satisfactorily completes the diversion 7,869
program, the prosecuting attorney shall recommend to the trial 7,870
court that the charges against the accused be dismissed, and the 7,871
180
court, upon the recommendation of the prosecuting attorney, shall 7,872
dismiss the charges. If the accused chooses not to enter the 7,873
prosecuting attorney's diversion program, or if the accused 7,874
violates the conditions of the agreement pursuant to which the 7,875
accused has been released, the accused may be brought to trial 7,876
upon the charges in the manner provided by law, and the waiver 7,877
executed pursuant to division (B)(1) of this section shall be 7,878
void on the date the accused is removed from the program for the 7,879
violation.
(E) As used in this section: 7,881
(1) "Repeat offender" means a person who has a history of 7,883
persistent criminal activity and whose character and condition 7,884
reveal a substantial risk that the person will commit another 7,885
offense. It is prima-facie evidence that a person is a repeat 7,887
offender if any of the following applies:
(a) Having been convicted of one or more offenses of 7,889
violence and having been imprisoned pursuant to sentence for any 7,890
such offense, the person commits a subsequent offense of 7,891
violence;
(b) Having been convicted of one or more sexually oriented 7,893
offenses as defined in section 2950.01 of the Revised Code and 7,895
having been imprisoned pursuant to sentence for one or more of 7,896
those offenses, the person commits a subsequent sexually oriented 7,897
offense;
(c) Having been convicted of one or more theft offenses as 7,899
defined in section 2913.01 of the Revised Code and having been 7,900
imprisoned pursuant to sentence for one or more of those theft 7,901
offenses, the person commits a subsequent theft offense; 7,902
(d) Having been convicted of one or more felony drug abuse 7,904
offenses as defined in section 2925.01 of the Revised Code and 7,906
having been imprisoned pursuant to sentence for one or more of
those felony drug abuse offenses, the person commits a subsequent 7,907
felony drug abuse offense; 7,908
(e) Having been convicted of two or more felonies and 7,910
181
having been imprisoned pursuant to sentence for one or more 7,911
felonies, the person commits a subsequent offense; 7,912
(f) Having been convicted of three or more offenses of any 7,914
type or degree other than traffic offenses, alcoholic 7,915
intoxication offenses, or minor misdemeanors and having been 7,916
imprisoned pursuant to sentence for any such offense, the person 7,917
commits a subsequent offense.
(2) "Dangerous offender" means a person who has committed 7,919
an offense, whose history, character, and condition reveal a 7,920
substantial risk that the person will be a danger to others, and 7,921
whose conduct has been characterized by a pattern of repetitive, 7,923
compulsive, or aggressive behavior with heedless indifference to
the consequences. 7,924
Sec. 2937.99. Whoever fails (A) NO PERSON SHALL FAIL to 7,934
appear as required, after having been released pursuant to 7,935
section 2937.29 of the Revised Code, shall be sentenced as 7,936
follows:. WHOEVER VIOLATES THIS SECTION IS GUILTY OF FAILURE TO 7,937
APPEAR AND SHALL BE PUNISHED AS SET FORTH IN DIVISION (B) OR (C) 7,938
OF THIS SECTION.
(A)(B) If the release was in connection with a charge of 7,940
the commission of a felony or pending appeal after conviction of 7,941
a felony, he shall be fined not more than five thousand dollars 7,943
or imprisoned in a state correctional institution for not less 7,944
than one nor more than five years, or both FAILURE TO APPEAR IS A 7,945
FELONY OF THE FOURTH DEGREE. 7,946
(B)(C) If the release was in connection with a charge of 7,948
the commission of a misdemeanor or for appearance as a witness, 7,949
he shall be fined not more than one thousand dollars or 7,950
imprisoned not more than one year, or both FAILURE TO APPEAR IS A 7,951
MISDEMEANOR OF THE FIRST DEGREE. 7,953
(D) This section does not apply to misdemeanors and 7,955
related ordinance offenses arising under Chapters 4501., 4503., 7,956
4505., 4507., 4509., 4511., 4513., 4517., 4549., and 5577. of the 7,957
Revised Code, except that this section does apply to violations 7,958
182
of sections 4511.19, 4549.02, and 4549.021 of the Revised Code 7,959
and ordinance offenses related to such sections 4511.19, 4549.02, 7,961
AND 4549.021 OF THE REVISED CODE.
Sec. 2941.141. (A) Imposition of a one-year mandatory 7,970
prison term upon an offender under division (D)(1)(a)(i) of 7,971
section 2929.14 of the Revised Code is precluded unless the 7,972
indictment, count in the indictment, or information charging the 7,974
offense specifies that the offender had a firearm on or about the 7,975
offender's person or under the offender's control while 7,976
committing the offense. The specification shall be stated at the 7,977
end of the body of the indictment, count, or information, and 7,978
shall be in substantially the following form: 7,979
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). 7,982
The Grand Jurors (or insert the person's or the prosecuting 7,984
attorney's name when appropriate) further find and specify that 7,985
(set forth that the offender had a firearm on or about the 7,986
offender's person or under the offender's control while 7,987
committing the offense.)" 7,988
(B) Imposition of a one-year mandatory prison term upon an 7,990
offender under division (D)(1)(a)(i) of section 2929.14 of the 7,991
Revised Code is precluded if a court imposes a three-year or 7,993
six-year mandatory prison term on the offender under that 7,994
division relative to the same felony.
(C) As used in this section, "firearm" has the same 7,996
meaning as in section 2923.11 of the Revised Code. 7,997
Sec. 2941.144. (A) Imposition of a six-year mandatory 8,006
prison term upon an offender under division (D)(1)(a)(i) of 8,007
section 2929.14 of the Revised Code is precluded unless the 8,008
indictment, count in the indictment, or information charging the 8,009
offense specifies that the offender had a firearm that is an 8,010
automatic firearm or that was equipped with a firearm muffler or 8,011
silencer on or about the offender's person or under the 8,012
offender's control while committing the offense. The 8,014
specification shall be stated at the end of the body of the 8,015
183
indictment, count, or information and shall be stated in 8,016
substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 8,018
Grand Jurors (or insert the person's or the prosecuting 8,019
attorney's name when appropriate) further find and specify that 8,020
(set forth that the offender had a firearm that is an automatic 8,021
firearm or that was equipped with a firearm muffler or silencer 8,022
on or about the offender's person or under the offender's control 8,023
while committing the offense)." 8,024
(B) Imposition of a six-year mandatory prison term upon an 8,026
offender under division (D)(1)(a)(i) of section 2929.14 of the 8,027
Revised Code is precluded if a court imposes a three-year or 8,029
one-year mandatory prison term on the offender under that 8,030
division relative to the same felony.
(C) As used in this section, "firearm" and "automatic 8,032
firearm" have the same meanings as in section 2923.11 of the 8,033
Revised Code.
Sec. 2941.145. (A) Imposition of a three-year mandatory 8,043
prison term upon an offender under division (D)(1)(a)(i) of 8,044
section 2929.14 of the Revised Code is precluded unless the 8,046
indictment, count in the indictment, or information charging the 8,047
offense specifies that the offender had a firearm on or about the 8,048
offender's person or under the offender's control while 8,049
committing the offense and displayed the firearm, brandished the 8,050
firearm, indicated that the offender possessed the firearm, or 8,051
used it to facilitate the offense. The specification shall be 8,052
stated at the end of the body of the indictment, county COUNT, or 8,053
information, and shall be stated in substantially the following 8,055
form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 8,058
Grand Jurors (or insert the person's or the prosecuting 8,059
attorney's name when appropriate) further find and specify that 8,060
(set forth that the offender had a firearm on or about the 8,061
offender's person or under the offender's control while 8,062
184
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or 8,063
used it to facilitate the offense)." 8,064
(B) Imposition of a three-year mandatory prison term upon 8,066
an offender under division (D)(1)(a)(i) of section 2929.14 of the 8,068
Revised Code is precluded if a court imposes a one-year or 8,069
six-year mandatory prison term on the offender under that
division relative to the same felony. 8,070
(C) As used in this section, "firearm" has the same 8,072
meaning as in section 2923.11 of the Revised Code. 8,073
Sec. 2941.146. (A) Imposition of a mandatory five-year 8,082
prison term upon an offender under division (D)(1)(a)(ii)(c) of 8,083
section 2929.14 of the Revised Code for committing a violation of 8,085
section 2923.161 of the Revised Code or for committing a felony 8,086
that includes, as an essential element, purposely or knowingly 8,087
causing or attempting to cause the death of or physical harm to 8,089
another and that was committed by discharging a firearm from a 8,090
motor vehicle other than a manufactured home is precluded unless 8,091
the indictment, count in the indictment, or information charging 8,092
the offender specifies that the offender committed the offense by 8,093
discharging a firearm from a motor vehicle other than a 8,094
manufactured home. The specification shall be stated at the end 8,095
of the body of the indictment, count, or information, and shall 8,096
be stated in substantially the following form: 8,097
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 8,099
Grand Jurors (or insert the person's or prosecuting attorney's 8,100
name when appropriate) further find and specify that (set forth 8,102
that the offender committed the violation of section 2923.161 of 8,103
the Revised Code or the felony that includes, as an essential 8,104
element, purposely or knowingly causing or attempting to cause
the death of or physical harm to another and that was committed 8,105
by discharging a firearm from a motor vehicle other than a 8,106
manufactured home)." 8,107
(B) As used in this section: 8,109
185
(1) "Firearm" has the same meaning as in section 2923.11 8,111
of the Revised Code; 8,112
(2) "Motor vehicle" and "manufactured home" have the same 8,114
meanings as in section 4501.01 of the Revised Code. 8,115
Sec. 2941.1410. (A) The EXCEPT AS PROVIDED IN SECTIONS 8,124
2925.03 AND 2925.11 OF THE REVISED CODE, THE determination by a 8,125
court that an offender is a major drug offender is precluded 8,127
unless the indictment, count in the indictment, or information 8,128
charging the offender specifies that the offender is a major drug 8,129
offender. The specification shall be stated at the end of the 8,130
body of the indictment, count, or information, and shall be 8,131
stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 8,134
Grand Jurors (or insert the person's or prosecuting attorney's 8,135
name when appropriate) further find and specify that (set forth 8,136
that the offender is a major drug offender)." 8,137
(B) The court shall determine the issue of whether an 8,139
offender is a major drug offender. 8,140
(C) As used in this section, "major drug offender" has the 8,142
same meaning as in section 2929.01 of the Revised Code. 8,143
Sec. 2949.08. (A) When a person WHO IS convicted of OR 8,152
PLEADS GUILTY TO A FELONY IS SENTENCED TO A COMMUNITY RESIDENTIAL 8,153
SANCTION IN A JAIL OR COMMUNITY-BASED CORRECTIONAL FACILITY 8,154
PURSUANT TO SECTION 2929.16 OF THE REVISED CODE OR WHEN A PERSON 8,155
WHO IS CONVICTED OF OR PLEADS GUILTY TO a misdemeanor is 8,156
sentenced to A TERM OF imprisonment in A jail or the workhouse, 8,158
the judge or magistrate shall order him THE PERSON into the 8,160
custody of the sheriff or constable, who AND THE SHERIFF OR 8,161
CONSTABLE shall deliver him THE PERSON with the record of his THE 8,164
PERSON'S conviction, to the jailer, ADMINISTRATOR, or keeper, in 8,166
whose custody he THE PERSON shall remain until the term of his 8,167
imprisonment expires or he THE PERSON is otherwise legally 8,169
discharged.
(B) The record of the person's conviction shall specify 8,171
186
the total number of days, if any, that the person was confined 8,172
for any reason arising out of the offense for which he THE PERSON 8,174
was convicted and sentenced prior to delivery to the jailer, 8,175
ADMINISTRATOR, or keeper under this section. The record shall be 8,177
used to determine any reduction of sentence under division (C) of 8,178
this section.
(C) The (1) IF THE PERSON IS SENTENCED FOR A MISDEMEANOR, 8,180
THE jailer, administrator, or keeper in charge of a jail or 8,182
workhouse shall reduce the sentence of a person delivered into 8,184
his THE JAILER'S custody pursuant to division (A) of this section 8,185
by the total number of days the prisoner PERSON was confined for 8,186
any reason arising out of the offense for which the prisoner 8,188
PERSON was convicted and sentenced, including confinement in lieu 8,190
of bail while awaiting trial, confinement for examination to 8,191
determine his THE PERSON'S competence to stand trial or to 8,193
determine sanity, and confinement while awaiting transportation 8,194
to the place where he THE PERSON is to serve his THE sentence. 8,196
(2) IF THE PERSON IS SENTENCED FOR A FELONY, THE AMOUNT OF 8,198
TIME THAT A PERSON SHALL BE CONFINED IN A JAIL PURSUANT TO A TERM 8,200
IMPOSED UNDER DIVISION (A)(2) OR (3) OF SECTION 2929.16 OF THE 8,201
REVISED CODE, CONFINED IN A COMMUNITY-BASED CORRECTIONAL FACILITY 8,203
PURSUANT TO A TERM IMPOSED UNDER DIVISION (A)(1) OF THAT SECTION, 8,204
AND CONFINED FOR ANY REASON ARISING OUT OF THE OFFENSE FOR WHICH 8,205
THE PERSON WAS CONVICTED AND SENTENCED PRIOR TO DELIVERY TO THE 8,206
JAILER, ADMINISTRATOR, OR KEEPER SHALL NOT EXCEED THE MAXIMUM 8,207
PRISON TERM AVAILABLE FOR THAT OFFENSE. UNLESS THE COURT IN ITS 8,208
SENTENCE DIRECTS OTHERWISE, THE TERM THAT THE PERSON SERVES LAST 8,209
SHALL BE THE TERM REDUCED BY THE TOTAL NUMBER OF DAYS THE PERSON 8,210
WAS CONFINED PRIOR TO DELIVERY TO THE JAILER, ADMINISTRATOR, OR 8,211
KEEPER, IF THE REDUCTION IS REQUIRED BY THIS DIVISION. THIS 8,212
DIVISION DOES NOT AFFECT THE LIMITATIONS PLACED ON THE DURATION 8,214
OF A TERM IN A JAIL OR A COMMUNITY BASED CORRECTIONAL FACILITY 8,215
UNDER DIVISIONS (A)(1), (2), AND (3) OF SECTION 2929.16 OF THE 8,216
REVISED CODE.
187
(D) For purposes of divisions (B) and (C) of this section, 8,218
a person shall be considered to have been confined for a day if 8,219
the person was confined for any period or periods of time 8,220
totaling more than eight hours during that day. 8,221
(E) AS USED IN THIS SECTION, "COMMUNITY-BASED CORRECTIONAL 8,223
FACILITY" AND "JAIL" HAVE THE SAME MEANINGS AS IN SECTION 2929.01 8,224
OF THE REVISED CODE.
Sec. 2951.02. (A)(1) In determining whether to suspend a 8,234
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 8,236
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 8,237
2929.51 of the Revised Code, the court shall consider the risk 8,238
that the offender will commit another offense and the need for 8,239
protecting the public from the risk, the nature and circumstances 8,240
of the offense, and the history, character, and condition of the 8,241
offender. 8,242
(2) An offender who has been convicted of or pleaded 8,244
guilty to a misdemeanor shall not be placed on probation and 8,245
shall not otherwise have the sentence of imprisonment imposed 8,246
upon the offender suspended pursuant to division (A) of section 8,248
2929.51 of the Revised Code if any EITHER of the following 8,250
applies:
(a) The offender is a repeat or dangerous offender, as 8,253
defined in section 2935.36 of the Revised Code. 8,254
(b) The misdemeanor offense involved was not a violation 8,257
of section 2923.12 of the Revised Code and was committed while 8,258
the offender was armed with a firearm or dangerous ordnance, as 8,259
defined in section 2923.11 of the Revised Code. 8,261
(c) Under division (C) of section 2903.07 of the Revised 8,263
Code, the offender is not eligible for probation. 8,264
(B) The following do not control the court's discretion 8,266
but the court shall consider them in favor of placing an offender 8,267
who has been convicted of or pleaded guilty to a misdemeanor on 8,268
188
probation or in favor of otherwise suspending the offender's 8,269
sentence of imprisonment pursuant to division (A) of section 8,270
2929.51 of the Revised Code: 8,271
(1) The offense neither caused nor threatened serious harm 8,273
to persons or property, or the offender did not contemplate that 8,274
it would do so. 8,275
(2) The offense was the result of circumstances unlikely 8,277
to recur. 8,278
(3) The victim of the offense induced or facilitated it. 8,280
(4) There are substantial grounds tending to excuse or 8,282
justify the offense, though failing to establish a defense. 8,283
(5) The offender acted under strong provocation. 8,285
(6) The offender has no history of prior delinquency or 8,287
criminal activity, or has led a law-abiding life for a 8,288
substantial period before commission of the present offense. 8,289
(7) The offender is likely to respond affirmatively to 8,291
probationary or other court-imposed treatment. 8,292
(8) The character and attitudes of the offender indicate 8,294
that the offender is unlikely to commit another offense. 8,295
(9) The offender has made or will make restitution or 8,297
reparation to the victim of the offender's offense for the 8,298
injury, damage, or loss sustained. 8,299
(10) Imprisonment of the offender will entail undue 8,301
hardship to the offender or the offender's dependents. 8,302
(C)(1)(a) When an offender who has been convicted of or 8,304
pleaded guilty to a misdemeanor is placed on probation or the 8,306
sentence of that type of offender otherwise is suspended pursuant 8,307
to division (A) of section 2929.51 of the Revised Code, the 8,309
probation or other suspension shall be at least on condition 8,310
that, during the period of probation or other suspension, the 8,311
offender shall abide by the law, including, but not limited to, 8,312
complying with the provisions of Chapter 2923. of the Revised 8,313
Code relating to the possession, sale, furnishing, transfer, 8,314
disposition, purchase, acquisition, carrying, conveying, or use 8,315
189
of, or other conduct involving, a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, and shall not 8,316
leave the state without the permission of the court or the 8,320
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good 8,321
behavior, the court may impose additional requirements on the 8,322
offender, including, but not limited to, requiring the offender 8,323
to make restitution pursuant to section 2929.21 of the Revised 8,324
Code for all or part of the property damage that is caused by the 8,326
offender's offense and for all or part of the value of the
property that is the subject of any theft offense, as defined in 8,327
division (K) of section 2913.01 of the Revised Code, that the 8,328
offender committed. Compliance with the additional requirements 8,329
also shall be a condition of the offender's probation or other 8,330
suspension. 8,331
(b) When an offender who has been convicted of or pleaded 8,333
guilty to a felony is sentenced to a nonresidential sanction 8,334
pursuant to section 2929.17 of the Revised Code, the court shall 8,336
impose as a condition of the sanction that, during the period of 8,337
the nonresidential sanction, the offender shall abide by the law, 8,338
including, but not limited to, complying with the provisions of 8,339
Chapter 2923. of the Revised Code identified in division 8,341
(C)(1)(a) of this section. 8,342
(2) During the period of a misdemeanor offender's 8,344
probation or other suspension or during the period of a felon's 8,345
nonresidential sanction, authorized probation officers who are 8,347
engaged within the scope of their supervisory duties or 8,348
responsibilities may search, with or without a warrant, the 8,349
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 8,350
personal property, or other real property in which the offender 8,351
has a right, title, or interest or for which the offender has the 8,352
express or implied permission of a person with a right, title, or 8,354
interest to use, occupy, or possess if the probation officers
190
have reasonable grounds to believe that the offender is not 8,355
abiding by the law or otherwise is not complying with the 8,356
conditions of the offender's probation or other suspension or the 8,358
conditions of the offender's nonresidential sanction. If a felon 8,359
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 8,360
described in division (A)(2)(a) of section 2929.15 of the Revised 8,361
Code, adult parole authority field officers with supervisory 8,362
responsibilities over the felon shall have the same search 8,363
authority relative to the felon during the period of the sanction 8,364
as is described under this division for probation officers. The 8,365
court that places the offender on probation or suspends the 8,367
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 8,369
that sentences the felon to a nonresidential sanction pursuant to 8,370
section 2929.17 of the Revised Code shall provide the offender 8,371
with a written notice that informs the offender that authorized 8,372
probation officers or adult parole authority field officers with 8,373
supervisory responsibilities over the offender who are engaged 8,374
within the scope of their supervisory duties or responsibilities 8,375
may conduct those types of searches during the period of 8,377
probation or other suspension or during the period of the 8,378
nonresidential sanction if they have reasonable grounds to 8,379
believe that the offender is not abiding by the law or otherwise 8,380
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 8,381
nonresidential sanction. 8,382
(D) The following do not control the court's discretion 8,384
but the court shall consider them against placing an offender who 8,385
has been convicted of or pleaded guilty to a misdemeanor on 8,386
probation and against otherwise suspending the offender's 8,387
sentence of imprisonment pursuant to division (A) of section 8,388
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 8,390
191
pardon, post-release control pursuant to section 2967.28 of the 8,392
Revised Code, or a probation or suspension pursuant to division 8,394
(A) of section 2929.51 of the Revised Code, previously granted 8,395
the offender.
(2) There is a substantial risk that, while at liberty 8,397
during the period of probation or other suspension, the offender 8,398
will commit another offense. 8,399
(3) The offender is in need of correctional or 8,401
rehabilitative treatment that can be provided best by the 8,402
offender's commitment to a locally governed and operated 8,403
residential facility.
(4) Regardless of whether the offender knew the age of the 8,405
victim, the victim of the offense was sixty-five years of age or 8,406
older or permanently and totally disabled at the time of the 8,407
commission of the offense. 8,408
(E) The criteria listed in divisions (B) and (D) of this 8,410
section shall not be construed to limit the matters that may be 8,411
considered in determining whether to suspend sentence of 8,412
imprisonment and place an offender who has been convicted of or 8,413
pleaded guilty to a misdemeanor on probation or whether to 8,414
otherwise suspend the offender's sentence of imprisonment 8,415
pursuant to division (A) of section 2929.51 of the Revised Code. 8,417
(F)(1) When an offender is convicted of or pleads guilty 8,421
to a misdemeanor, the court may require the offender, as a 8,422
condition of probation or as a condition of otherwise suspending 8,423
the offender's sentence pursuant to division (A) of section 8,424
2929.51 of the Revised Code, in addition to the conditions of 8,425
probation or other suspension imposed pursuant to division (C) of 8,426
this section, to perform supervised community service work under 8,427
the authority of health districts, park districts, counties, 8,428
municipal corporations, townships, other political subdivisions 8,429
of the state, or agencies of the state or any of its political 8,430
subdivisions, or under the authority of charitable organizations 8,431
that render services to the community or its citizens, in 8,432
192
accordance with this division. Supervised community service work 8,433
shall not be required as a condition of probation or other 8,434
suspension under this division unless the offender agrees to 8,435
perform the work offered as a condition of probation or other 8,436
suspension by the court. The court may require an offender who 8,437
agrees to perform the work to pay to it a reasonable fee to cover 8,438
the costs of the offender's participation in the work, including, 8,439
but not limited to, the costs of procuring a policy or policies 8,440
of liability insurance to cover the period during which the 8,441
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 8,443
to satisfy the payment of a fine imposed for the offense by 8,444
performing supervised community service work as described in this 8,445
division if the offender requests an opportunity to satisfy the 8,446
payment by this means and if the court determines the offender is 8,447
financially unable to pay the fine. 8,448
The supervised community service work that may be imposed 8,450
under this division shall be subject to the following 8,451
limitations: 8,452
(a) The court shall fix the period of the work and, if 8,454
necessary, shall distribute it over weekends or over other 8,455
appropriate times that will allow the offender to continue at the 8,456
offender's occupation or to care for the offender's family. The 8,457
period of the work as fixed by the court shall not exceed an 8,458
aggregate of two hundred hours. 8,459
(b) An agency, political subdivision, or charitable 8,461
organization must agree to accept the offender for the work 8,462
before the court requires the offender to perform the work for 8,463
the entity. A court shall not require an offender to perform 8,464
supervised community service work for an agency, political 8,465
subdivision, or charitable organization at a location that is an 8,466
unreasonable distance from the offender's residence or domicile, 8,467
unless the offender is provided with transportation to the 8,468
location where the work is to be performed. 8,469
193
(c) A court may enter into an agreement with a county 8,471
department of human services for the management, placement, and 8,472
supervision of offenders eligible for community service work in 8,473
work activities, developmental activities, and alternative work 8,476
activities under sections 5107.40 to 5107.69 of the Revised Code. 8,478
If a court and a county department of human services have entered 8,479
into an agreement of that nature, the clerk of that court is 8,480
authorized to pay directly to the department of human services 8,481
all or a portion of the fees collected by the court pursuant to 8,482
this division in accordance with the terms of its agreement. 8,483
(d) Community service work that a court requires under 8,485
this division shall be supervised by an official of the agency, 8,486
political subdivision, or charitable organization for which the 8,487
work is performed or by a person designated by the agency, 8,488
political subdivision, or charitable organization. The official 8,489
or designated person shall be qualified for the supervision by 8,490
education, training, or experience, and periodically shall 8,491
report, in writing, to the court and to the offender's probation 8,492
officer concerning the conduct of the offender in performing the 8,493
work. 8,494
(2) When an offender is convicted of a felony, the court 8,496
may impose pursuant to sections 2929.15 and 2929.17 of the 8,497
Revised Code a sanction that requires the offender to perform 8,498
supervised community service work in accordance with this 8,499
division and under the authority of any agency, political 8,500
subdivision, or charitable organization as described in division 8,501
(F)(1) of this section. The court may require an offender who is 8,502
ordered to perform the work to pay to it a reasonable fee to 8,503
cover the costs of the offender's participation in the work, 8,504
including, but not limited to, the costs of procuring a policy or 8,505
policies of liability insurance to cover the period during which 8,506
the offender will perform the work. 8,507
A court may permit an offender convicted of a felony to 8,509
satisfy the payment of a fine imposed for the offense pursuant to 8,510
194
section 2929.18 of the Revised Code by performing supervised 8,511
community service work as described in this division if the court 8,513
determines that the offender is financially unable to pay the 8,514
fine.
The supervised community service work that may be imposed 8,516
under this division shall be subject to the limitations specified 8,517
in divisions (F)(1)(a) to (d) of this section, except that the 8,518
court is not required to obtain the agreement of the offender to 8,519
impose supervised community work as a sanction. Additionally, 8,520
the total of any period of supervised community service work 8,521
imposed on an offender under this division plus the period of all 8,522
other sanctions imposed pursuant to sections 2929.15, 2929.16, 8,523
2929.17, and 2929.18 of the Revised Code shall not exceed five
years.
(G)(1) When an offender is convicted of a violation of 8,525
section 4511.19 of the Revised Code, a municipal ordinance 8,526
relating to operating a vehicle while under the influence of 8,527
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 8,528
municipal ordinance relating to operating a vehicle with a 8,529
prohibited concentration of alcohol in the blood, breath, or 8,530
urine or of a misdemeanor violation of section 2903.07 of the 8,531
Revised Code or an equivalent violation of a municipal ordinance 8,533
that is substantially similar to section 2903.07 of the Revised 8,535
Code and that provides for that type of finding by a jury or 8,536
judge in a case in which the jury or judge found that the 8,537
offender was under the influence of alcohol at the time of the 8,538
commission of the offense, the court may require, as a condition 8,539
of probation in addition to the required conditions of probation 8,540
and the discretionary conditions of probation that may be imposed 8,541
pursuant to division (C) of this section, any suspension or 8,542
revocation of a driver's or commercial driver's license or permit 8,543
or nonresident operating privilege, and all other penalties 8,544
provided by law or by ordinance, that the offender operate only a 8,545
motor vehicle equipped with an ignition interlock device that is 8,546
195
certified pursuant to section 4511.83 of the Revised Code. 8,547
(2) When a court requires an offender, as a condition of 8,549
probation pursuant to division (G)(1) of this section, to operate 8,550
only a motor vehicle equipped with an ignition interlock device 8,551
that is certified pursuant to section 4511.83 of the Revised 8,552
Code, the offender immediately shall surrender the offender's 8,553
driver's or commercial driver's license or permit to the court. 8,554
Upon the receipt of the offender's license or permit, the court 8,555
shall issue an order authorizing the offender to operate a motor 8,556
vehicle equipped with a certified ignition interlock device, 8,557
deliver the offender's license or permit to the bureau of motor 8,558
vehicles, and include in the abstract of the case forwarded to 8,559
the bureau pursuant to section 4507.021 of the Revised Code the 8,560
conditions of probation imposed pursuant to division (G)(1) of 8,561
this section. The court shall give the offender a copy of its 8,562
order, and that copy shall be used by the offender in lieu of a 8,563
driver's or commercial driver's license or permit until the 8,564
bureau issues a restricted license to the offender. 8,565
(3) Upon receipt of an offender's driver's or commercial 8,567
driver's license or permit pursuant to division (G)(2) of this 8,568
section, the bureau of motor vehicles shall issue a restricted 8,569
license to the offender. The restricted license shall be 8,570
identical to the surrendered license, except that it shall have 8,571
printed on its face a statement that the offender is prohibited 8,572
from operating a motor vehicle that is not equipped with an 8,573
ignition interlock device that is certified pursuant to section 8,574
4511.83 of the Revised Code. The bureau shall deliver the 8,575
offender's surrendered license or permit to the court upon 8,576
receipt of a court order requiring it to do so, or reissue the 8,577
offender's license or permit under section 4507.54 of the Revised 8,578
Code if the registrar destroyed the offender's license or permit 8,579
under that section. The offender shall surrender the restricted 8,580
license to the court upon receipt of the offender's surrendered 8,581
license or permit. 8,582
196
(4) If an offender violates a requirement of the court 8,584
imposed under division (G)(1) of this section, the offender's 8,585
driver's or commercial driver's license or permit or nonresident 8,586
operating privilege may be suspended as provided in section 8,587
4507.16 of the Revised Code. 8,588
(5) As used in this division, "ignition interlock device" 8,590
has the same meaning as in section 4511.83 of the Revised Code. 8,591
Sec. 2951.041. (A)(1) IF AN OFFENDER IS CHARGED WITH A 8,593
CRIMINAL OFFENSE AND THE COURT HAS REASON TO BELIEVE THAT DRUG OR 8,595
ALCOHOL USAGE BY THE OFFENDER WAS A FACTOR LEADING TO THE 8,596
OFFENDER'S CRIMINAL BEHAVIOR, THE COURT MAY ACCEPT, PRIOR TO THE 8,597
ENTRY OF A GUILTY PLEA, THE OFFENDER'S REQUEST FOR INTERVENTION 8,598
IN LIEU OF CONVICTION. THE REQUEST SHALL INCLUDE A WAIVER OF THE 8,600
DEFENDANT'S RIGHT TO A SPEEDY TRIAL, THE PRELIMINARY HEARING, THE 8,601
TIME PERIOD WITHIN WHICH THE GRAND JURY MAY CONSIDER AN 8,602
INDICTMENT AGAINST THE OFFENDER, AND ARRAIGNMENT, UNLESS THE 8,603
HEARING, INDICTMENT, OR ARRAIGNMENT HAS ALREADY OCCURRED. THE 8,605
COURT MAY REJECT AN OFFENDER'S REQUEST WITHOUT A HEARING. IF THE 8,607
COURT ELECTS TO CONSIDER AN OFFENDER'S REQUEST, THE COURT SHALL 8,608
CONDUCT A HEARING TO DETERMINE WHETHER THE OFFENDER IS ELIGIBLE 8,609
UNDER THIS SECTION FOR INTERVENTION IN LIEU OF CONVICTION AND 8,610
SHALL STAY ALL CRIMINAL PROCEEDINGS PENDING THE OUTCOME OF THE 8,611
HEARING. IF THE COURT SCHEDULES A HEARING, THE COURT SHALL ORDER 8,612
AN ASSESSMENT OF THE OFFENDER FOR THE PURPOSE OF DETERMINING THE 8,613
OFFENDER'S ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION AND 8,614
RECOMMENDING AN APPROPRIATE INTERVENTION PLAN. 8,615
(2) THE VICTIM NOTIFICATION PROVISIONS OF DIVISION (C) OF 8,618
SECTION 2930.08 OF THE REVISED CODE APPLY IN RELATION TO ANY 8,619
HEARING HELD UNDER DIVISION (A)(1) OF THIS SECTION. 8,621
(B) AN OFFENDER IS ELIGIBLE FOR INTERVENTION IN LIEU OF 8,624
CONVICTION IF THE COURT FINDS ALL OF THE FOLLOWING: 8,625
(1) THE OFFENDER PREVIOUSLY HAS NOT BEEN CONVICTED OF OR 8,627
PLEADED GUILTY TO A FELONY, PREVIOUSLY HAS NOT BEEN THROUGH 8,628
INTERVENTION IN LIEU OF CONVICTION UNDER THIS SECTION OR ANY 8,629
197
SIMILAR REGIMEN, AND IS CHARGED WITH A FELONY FOR WHICH THE 8,630
COURT, UPON CONVICTION, WOULD IMPOSE SENTENCE UNDER DIVISION 8,632
(B)(2)(b) OF SECTION 2929.13 OF THE REVISED CODE OR WITH A 8,634
MISDEMEANOR. 8,635
(2) THE OFFENSE IS NOT A FELONY OF THE FIRST, SECOND, OR 8,637
THIRD DEGREE, IS NOT AN OFFENSE OF VIOLENCE, IS NOT A VIOLATION 8,638
OF DIVISION (A)(1) OR (2) OF SECTION 2903.06 OF THE REVISED CODE, 8,639
IS NOT A VIOLATION OF DIVISION (A)(1) OF SECTION 2903.08 OF THE 8,641
REVISED CODE, IS NOT A VIOLATION OF DIVISION (A) OF SECTION 8,643
4511.19 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE THAT IS 8,644
SUBSTANTIALLY SIMILAR TO THAT DIVISION, AND IS NOT AN OFFENSE FOR 8,645
WHICH A SENTENCING COURT IS REQUIRED TO IMPOSE A MANDATORY PRISON 8,646
TERM, A MANDATORY TERM OF LOCAL INCARCERATION, OR A MANDATORY 8,647
TERM OF IMPRISONMENT IN A JAIL.
(3) THE OFFENDER IS NOT CHARGED WITH A VIOLATION OF 8,649
SECTION 2925.02, 2925.03, 2925.04, 2925.06, OR 2925.11 OF THE 8,651
REVISED CODE THAT IS A FELONY OF THE FIRST, SECOND, OR THIRD 8,652
DEGREE.
(4) THE OFFENDER IS NOT CHARGED WITH A VIOLATION OF 8,654
SECTION 2925.11 OF THE REVISED CODE THAT IS A FELONY OF THE 8,655
FOURTH DEGREE, OR THE OFFENDER IS CHARGED WITH A VIOLATION OF 8,656
THAT SECTION THAT IS A FELONY OF THE FOURTH DEGREE, AND THE 8,657
PROSECUTOR IN THE CASE HAS RECOMMENDED THAT THE OFFENDER BE 8,658
CLASSIFIED AS BEING ELIGIBLE FOR INTERVENTION IN LIEU OF 8,659
CONVICTION UNDER THIS SECTION. 8,660
(5) THE OFFENDER HAS BEEN ASSESSED BY AN APPROPRIATELY 8,662
LICENSED PROVIDER, CERTIFIED FACILITY, OR LICENSED AND 8,663
CREDENTIALED PROFESSIONAL, INCLUDING, BUT NOT LIMITED TO, A 8,664
PROGRAM LICENSED BY THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION 8,665
SERVICES PURSUANT TO SECTION 3793.11 OF THE REVISED CODE, A 8,667
PROGRAM CERTIFIED BY THAT DEPARTMENT PURSUANT TO SECTION 3793.06 8,668
OF THE REVISED CODE, A PUBLIC OR PRIVATE HOSPITAL, THE UNITED 8,671
STATES DEPARTMENT OF VETERANS AFFAIRS, ANOTHER APPROPRIATE AGENCY 8,672
OF THE GOVERNMENT OF THE UNITED STATES, OR A LICENSED PHYSICIAN, 8,675
198
PSYCHIATRIST, PSYCHOLOGIST, INDEPENDENT SOCIAL WORKER, 8,676
PROFESSIONAL COUNSELOR, OR CHEMICAL DEPENDENCY COUNSELOR FOR THE 8,677
PURPOSE OF DETERMINING THE OFFENDER'S ELIGIBILITY FOR
INTERVENTION IN LIEU OF CONVICTION AND RECOMMENDING AN 8,678
APPROPRIATE INTERVENTION PLAN. 8,679
(6) THE OFFENDER'S DRUG OR ALCOHOL USAGE WAS A FACTOR 8,681
LEADING TO THE CRIMINAL OFFENSE WITH WHICH THE OFFENDER IS 8,682
CHARGED, INTERVENTION IN LIEU OF CONVICTION WOULD NOT DEMEAN THE 8,683
SERIOUSNESS OF THE OFFENSE, AND INTERVENTION WOULD SUBSTANTIALLY 8,684
REDUCE THE LIKELIHOOD OF ANY FUTURE CRIMINAL ACTIVITY. 8,685
(7) THE ALLEGED VICTIM OF THE OFFENSE WAS NOT SIXTY-FIVE 8,687
YEARS OF AGE OR OLDER, PERMANENTLY AND TOTALLY DISABLED, UNDER 8,688
THIRTEEN YEARS OF AGE, OR A PEACE OFFICER AT THE TIME OF THE 8,689
ALLEGED OFFENSE.
(8) THE OFFENDER IS WILLING TO COMPLY WITH ALL TERMS AND 8,691
CONDITIONS IMPOSED BY THE COURT PURSUANT TO DIVISION (D) OF THIS 8,693
SECTION.
(C) AT THE CONCLUSION OF A HEARING HELD PURSUANT TO 8,696
DIVISION (A) OF THIS SECTION, THE COURT SHALL ENTER ITS 8,698
DETERMINATION AS TO WHETHER THE OFFENDER IS ELIGIBLE FOR 8,699
INTERVENTION IN LIEU OF CONVICTION AND AS TO WHETHER TO GRANT THE 8,700
OFFENDER'S REQUEST. IF THE COURT FINDS THAT THE OFFENDER IS 8,701
ELIGIBLE AND GRANTS THE OFFENDER'S REQUEST, THE COURT SHALL 8,702
ACCEPT THE OFFENDER'S PLEA OF GUILTY AND WAIVER OF THE 8,703
DEFENDANT'S RIGHT TO A SPEEDY TRIAL, THE PRELIMINARY HEARING, THE 8,704
TIME PERIOD WITHIN WHICH THE GRAND JURY MAY CONSIDER AN 8,705
INDICTMENT AGAINST THE OFFENDER, AND ARRAIGNMENT, UNLESS THE 8,706
HEARING, INDICTMENT, OR ARRAIGNMENT HAS ALREADY OCCURRED. IN 8,707
ADDITION, THE COURT THEN MAY STAY ALL CRIMINAL PROCEEDINGS AND 8,708
ORDER THE OFFENDER TO COMPLY WITH ALL TERMS AND CONDITIONS 8,709
IMPOSED BY THE COURT PURSUANT TO DIVISION (D) OF THIS SECTION. 8,710
IF THE COURT FINDS THAT THE OFFENDER IS NOT ELIGIBLE OR DOES NOT 8,711
GRANT THE OFFENDER'S REQUEST, THE CRIMINAL PROCEEDINGS AGAINST 8,712
THE OFFENDER SHALL PROCEED AS IF THE OFFENDER'S REQUEST FOR 8,713
199
INTERVENTION IN LIEU OF CONVICTION HAD NOT BEEN MADE. 8,714
(D) IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR 8,717
INTERVENTION IN LIEU OF CONVICTION, THE COURT SHALL PLACE THE 8,718
OFFENDER UNDER THE GENERAL CONTROL AND SUPERVISION OF THE COUNTY 8,719
PROBATION DEPARTMENT, THE ADULT PAROLE AUTHORITY, OR ANOTHER 8,720
APPROPRIATE LOCAL PROBATION OR COURT SERVICES AGENCY, IF ONE 8,721
EXISTS, AS IF THE OFFENDER WAS SUBJECT TO A COMMUNITY CONTROL 8,722
SANCTION IMPOSED UNDER SECTION 2929.15 OR 2929.18 OF THE REVISED 8,723
CODE OR WAS ON PROBATION UNDER SECTIONS 2929.51 AND 2951.02 OF 8,724
THE REVISED CODE AND OTHER PROVISIONS OF THE MISDEMEANOR 8,726
SENTENCING LAW. THE COURT SHALL ESTABLISH AN INTERVENTION PLAN 8,727
FOR THE OFFENDER. THE TERMS AND CONDITIONS OF THE INTERVENTION 8,728
PLAN SHALL REQUIRE THE OFFENDER, FOR AT LEAST ONE YEAR FROM THE 8,729
DATE ON WHICH THE COURT GRANTS THE ORDER OF INTERVENTION IN LIEU 8,730
OF CONVICTION, TO ABSTAIN FROM THE USE OF ILLEGAL DRUGS AND 8,731
ALCOHOL AND TO SUBMIT TO REGULAR RANDOM TESTING FOR DRUG AND 8,732
ALCOHOL USE AND MAY INCLUDE ANY OTHER TREATMENT TERMS AND 8,733
CONDITIONS, OR TERMS AND CONDITIONS SIMILAR TO COMMUNITY CONTROL 8,734
SANCTIONS, THAT ARE ORDERED BY THE COURT. 8,735
(E) IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR 8,738
INTERVENTION IN LIEU OF CONVICTION AND THE COURT FINDS THAT THE 8,739
OFFENDER HAS SUCCESSFULLY COMPLETED THE INTERVENTION PLAN FOR THE 8,740
OFFENDER, INCLUDING THE REQUIREMENT THAT THE OFFENDER ABSTAIN 8,741
FROM USING DRUGS AND ALCOHOL FOR A PERIOD OF AT LEAST ONE YEAR 8,742
FROM THE DATE ON WHICH THE COURT GRANTED THE ORDER OF 8,743
INTERVENTION IN LIEU OF CONVICTION AND ALL OTHER TERMS AND 8,744
CONDITIONS ORDERED BY THE COURT, THE COURT SHALL DISMISS THE 8,745
PROCEEDINGS AGAINST THE OFFENDER. SUCCESSFUL COMPLETION OF THE 8,746
INTERVENTION PLAN AND PERIOD OF ABSTINENCE UNDER THIS SECTION 8,747
SHALL BE WITHOUT ADJUDICATION OF GUILT AND IS NOT A CRIMINAL 8,748
CONVICTION FOR PURPOSES OF ANY DISQUALIFICATION OR DISABILITY 8,749
IMPOSED BY LAW AND UPON CONVICTION OF A CRIME, AND THE COURT MAY 8,750
ORDER THE SEALING OF RECORDS RELATED TO THE OFFENSE IN QUESTION 8,751
IN THE MANNER PROVIDED IN SECTIONS 2953.31 TO 2953.36 OF THE 8,752
200
REVISED CODE. 8,753
(F) IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR 8,756
INTERVENTION IN LIEU OF CONVICTION AND THE OFFENDER FAILS TO 8,757
COMPLY WITH ANY TERM OR CONDITION IMPOSED AS PART OF THE 8,758
INTERVENTION PLAN FOR THE OFFENDER, THE SUPERVISING AUTHORITY FOR 8,759
THE OFFENDER PROMPTLY SHALL ADVISE THE COURT OF THIS FAILURE, AND 8,760
THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER THE OFFENDER 8,761
FAILED TO COMPLY WITH ANY TERM OR CONDITION IMPOSED AS PART OF 8,762
THE PLAN. IF THE COURT DETERMINES THAT THE OFFENDER HAS FAILED 8,763
TO COMPLY WITH ANY OF THOSE TERMS AND CONDITIONS, IT SHALL ENTER 8,764
A FINDING OF GUILTY AND SHALL IMPOSE AN APPROPRIATE SANCTION 8,765
UNDER SECTIONS 2929.15 TO 2929.18 OF THE REVISED CODE OR, IF THE 8,766
OFFENSE IN QUESTION WAS A MISDEMEANOR, A SENTENCE UNDER SECTION 8,767
2929.21 OF THE REVISED CODE AND OTHER PROVISIONS OF THE 8,769
MISDEMEANOR SENTENCING LAW. IF THE OFFENDER WAS CHARGED WITH A 8,770
FELONY, IN PUNISHING THE OFFENDER FOR A VIOLATION, THE COURT 8,771
SHALL CONSIDER SECTION 2929.13 AND DIVISION (E) OF SECTION 8,772
2929.15 OF THE REVISED CODE. 8,773
(G) AS USED IN THIS SECTION: 8,776
(1) "COMMUNITY CONTROL SANCTION" HAS THE SAME MEANING AS 8,778
IN SECTION 2929.01 OF THE REVISED CODE. 8,780
(2) "INTERVENTION IN LIEU OF CONVICTION" MEANS ANY 8,782
COURT-SUPERVISED ACTIVITY THAT COMPLIES WITH THIS SECTION. 8,784
(3) "PEACE OFFICER" HAS THE SAME MEANING AS IN SECTION 8,786
2935.01 OF THE REVISED CODE. 8,787
Sec. 2953.08. (A) In addition to any other right to 8,797
appeal and except as provided in division (D) of this section, a 8,798
defendant who is convicted of or pleads guilty to a felony may 8,799
appeal as a matter of right the sentence imposed upon the 8,800
defendant on one of the following grounds:
(1) The sentence consisted of or included the maximum 8,802
prison term allowed for the offense by division (A) of section 8,803
2929.14 of the Revised Code and, THE SENTENCE was not imposed 8,805
pursuant to division (D)(3)(b) of section 2929.14 of the Revised 8,806
201
Code, THE MAXIMUM PRISON TERM WAS NOT REQUIRED FOR THE OFFENSE 8,807
PURSUANT TO CHAPTER 2925. OR ANY OTHER PROVISION OF THE REVISED 8,808
CODE, and the court imposed it THE SENTENCE under one of the 8,809
following circumstances:
(a) The sentence was imposed for only one offense. 8,811
(b) The sentence was imposed for two or more offenses 8,814
arising out of a single incident, and the court imposed the 8,815
maximum prison term for the offense of the highest degree.
(2) The sentence consisted of or included a prison term, 8,817
the offense for which it was imposed is a felony of the fourth or 8,818
fifth degree or is a felony drug offense that is a violation of a 8,819
provision of Chapter 2925. of the Revised Code and that is 8,820
specified as being subject to division (B) of section 2929.13 of 8,821
the Revised Code for purposes of sentencing, and the court did 8,822
not specify at sentencing that it found one or more factors 8,823
specified in divisions (B)(1)(a) to (h)(i) of section 2929.13 of 8,825
the Revised Code to apply relative to the defendant. If the 8,827
court specifies that it found one or more of those factors to 8,828
apply relative to the defendant, the defendant is not entitled 8,829
under this division to appeal as a matter of right the sentence 8,830
imposed upon the offender.
(3) The person was convicted of or pleaded guilty to a 8,832
sexually violent offense, was adjudicated as being a sexually 8,833
violent predator, and was sentenced pursuant to division (A)(3) 8,834
of section 2971.03 of the Revised Code, if the minimum term of 8,836
the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available 8,837
for the offense from among the range of terms listed in section 8,839
2929.14 of the Revised Code. As used in this division, "sexually 8,841
violent offense" and "sexually violent predator" have the same
meanings as in section 2971.01 of the Revised Code. 8,842
(4) The sentence is contrary to law. 8,844
(5) THE SENTENCE CONSISTED OF AN ADDITIONAL PRISON TERM OF 8,846
TEN YEARS IMPOSED PURSUANT TO DIVISION (D)(2)(b) OF SECTION 8,847
202
2929.14 OF THE REVISED CODE. 8,848
(6) The sentence consisted of an additional prison term of 8,850
ten years imposed pursuant to division (D)(3)(b) of section 8,851
2929.14 of the Revised Code. 8,852
(B) In addition to any other right to appeal and except as 8,855
provided in division (D) of this section, a prosecuting attorney, 8,856
a city director of law, village solicitor, or similar chief legal 8,857
officer of a municipal corporation, or the attorney general, if 8,858
one of those persons prosecuted the case, may appeal as a matter 8,859
of right a sentence imposed upon a defendant who is convicted of 8,860
or pleads guilty to a felony or, in the circumstances described 8,861
in division (B)(3) of this section the modification of a sentence 8,862
imposed upon such a defendant, on any of the following grounds: 8,863
(1) The sentence did not include a prison term despite a 8,866
presumption favoring a prison term for the offense for which it 8,867
was imposed, as set forth in section 2929.13 or Chapter 2925. of 8,868
the Revised Code.
(2) The sentence is contrary to law. 8,870
(3) The sentence is a modification under section 2929.20 8,872
of the Revised Code of a sentence that was imposed for a felony 8,873
of the first or second degree.
(C) In addition to the right to appeal a sentence granted 8,876
under division (A) or (B) of this section, a defendant who is 8,877
convicted of or pleads guilty to a felony may seek leave to 8,878
appeal a sentence imposed upon the defendant on the basis that 8,879
the sentencing judge has imposed consecutive sentences under 8,880
division (E)(3) or (4) of section 2929.14 of the Revised Code and 8,881
that the consecutive sentences exceed the maximum prison term 8,882
allowed by division (A) of that section for the most serious 8,883
offense of which the defendant was convicted. Upon the filing of 8,884
a motion under this division, the court of appeals may grant 8,886
leave to appeal the sentence if the court determines that the 8,887
allegation included as the basis of the motion is true. 8,888
(D) A sentence imposed upon a defendant is not subject to 8,891
203
review under this section if the sentence is authorized by law, 8,892
has been recommended jointly by the defendant and the prosecution 8,893
in the case, and is imposed by a sentencing judge. A sentence 8,894
imposed for aggravated murder or murder pursuant to sections 8,895
2929.02 to 2929.06 of the Revised Code is not subject to review 8,896
under this section.
(E) A defendant, prosecuting attorney, city director of 8,899
law, village solicitor, or chief municipal legal officer shall 8,900
file an appeal of a sentence under this section to a court of 8,901
appeals within the time limits specified in Rule 4(B) of the 8,902
Rules of Appellate Procedure, provided that if the appeal is 8,903
pursuant to division (B)(3) of this section, the time limits 8,904
specified in that rule shall not commence running until the court 8,905
grants the motion that makes the sentence modification in 8,906
question. A sentence appeal under this section shall be 8,907
consolidated with any other appeal in the case. If no other 8,908
appeal is filed, the court of appeals may review only the 8,909
portions of the trial record that pertain to sentencing. 8,910
(F) On the appeal of a sentence under this section, the 8,913
record to be reviewed shall include all of the following, as 8,914
applicable:
(1) Any presentence, psychiatric, or other investigative 8,917
report that was submitted to the court in writing before the 8,918
sentence was imposed. An appellate court that reviews a 8,919
presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in 8,920
connection with the appeal of a sentence under this section shall 8,921
comply with division (D)(3) of section 2951.03 of the Revised 8,922
Code when the appellate court is not using the presentence 8,923
investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection 8,924
with the appeal of a sentence under this section does not affect 8,925
the otherwise confidential character of the contents of that 8,926
report as described in division (D)(1) of section 2951.03 of the 8,927
204
Revised Code and does not cause that report to become a public 8,928
record, as defined in section 149.43 of the Revised Code,
following the appellate court's use of the report. 8,929
(2) The trial record in the case in which the sentence was 8,932
imposed;
(3) Any oral or written statements made to or by the court 8,935
at the sentencing hearing at which the sentence was imposed; 8,936
(4) Any written findings that the court was required to 8,938
make in connection with the modification of the sentence pursuant 8,939
to a judicial release under division (H) of section 2929.20 of 8,941
the Revised Code.
(G)(1) The court hearing an appeal of a sentence under 8,943
division (A) or (B)(1) or (2) of this section may increase, 8,945
reduce, or otherwise modify a sentence that is appealed under 8,946
this section or may vacate the sentence and remand the matter to 8,947
the trial court for resentencing if the court clearly and 8,948
convincingly finds any of the following:
(a) That the record does not support the sentence; 8,950
(b) That the sentence included a prison term, that the 8,952
offense for which it was imposed is a felony of the fourth or 8,953
fifth degree or is a felony drug offense that is a violation of a 8,954
provision of Chapter 2925. of the Revised Code and that is 8,955
specified as being subject to division (B) of section 2929.13 of 8,956
the Revised Code for purposes of sentencing, that the court did 8,957
not specify in the finding it makes at sentencing that it found 8,958
one or more of the factors specified in divisions (B)(1)(a) to 8,959
(h) of section 2929.13 of the Revised Code to apply relative to 8,961
the defendant who brought the appeal, and either that the
procedures set forth in division (B) of section 2929.13 of the 8,962
Revised Code for determining whether to impose a prison term for 8,964
such an offense were not followed or that those procedures were 8,965
followed but there is an insufficient basis for imposing a prison 8,966
term for the offense;
(c) That the sentence did not include a prison term, that 8,968
205
the offense for which it was imposed is a felony of the first or 8,969
second degree or is a felony drug offense that is a violation of 8,970
a provision of Chapter 2925. of the Revised Code for which a 8,971
presumption in favor of a prison term is specified as being 8,972
applicable, and either that the procedures set forth in division 8,973
(D) of section 2929.13 of the Revised Code that set forth the 8,974
only circumstances in which the presumption may be overridden and 8,975
a sanction other than a prison term may be imposed in lieu of a 8,976
prison term were not followed or that those procedures were 8,977
followed but there is an insufficient basis for overriding the 8,978
presumption and imposing a sanction other than a prison term for 8,979
the offense; 8,980
(d) That the sentence is otherwise contrary to law. 8,982
(2) The court hearing an appeal under division (B)(3) of 8,984
this section of a trial court's modification pursuant to section 8,985
2929.20 of the Revised Code of a sentence that was imposed upon a 8,986
defendant for a felony of a first or second degree may overturn 8,987
the modification and reinstate the original sentence, or may 8,988
vacate the modification of the sentence and remand the matter to 8,989
the trial court for reconsideration, only if the court clearly
and convincingly finds any of the following: 8,990
(a) That the record does not support the modification 8,992
based on the criteria for modification set forth in division (H) 8,993
of section 2929.20 of the Revised Code; 8,994
(b) That the modification was not made in accordance with 8,996
the procedures set forth in section 2929.20 of the Revised Code, 8,997
that the defendant was not eligible for the modification under 8,998
that section, or that the modification otherwise was contrary to 8,999
law.
(H) A judgment or final order of a court of appeals under 9,002
this section may be appealed, by leave of court, to the supreme 9,003
court.
(I)(1) There is hereby established the felony sentence 9,006
appeal cost oversight committee, consisting of eight members. 9,007
206
One member shall be the chief justice of the supreme court or a 9,008
representative of the court designated by the chief justice, one 9,009
member shall be a member of the senate appointed by the president 9,010
of the senate, one member shall be a member of the house of 9,011
representatives appointed by the speaker of the house of 9,012
representatives, one member shall be the director of budget and 9,013
management or a representative of the office of budget and 9,014
management designated by the director, one member shall be a 9,015
judge of a court of appeals, court of common pleas, municipal 9,016
court, or county court appointed by the chief justice of the 9,017
supreme court, one member shall be the state public defender or a 9,018
representative of the office of the state public defender 9,019
designated by the state public defender, one member shall be a 9,020
prosecuting attorney appointed by the Ohio prosecuting attorneys 9,021
association, and one member shall be a county commissioner 9,022
appointed by the county commissioners association of Ohio. No 9,023
more than three of the appointed members of the committee may be 9,024
members of the same political party.
The president of the senate, the speaker of the house of 9,026
representatives, the chief justice of the supreme court, the Ohio 9,028
prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial appointments to the 9,030
committee of the appointed members no later than ninety days 9,031
after July 1, 1996. Of those initial appointments to the 9,032
committee, the members appointed by the speaker of the house of 9,033
representatives and the Ohio prosecuting attorneys association 9,035
shall serve a term ending two years after July 1, 1996, the
member appointed by the chief justice of the supreme court shall 9,037
serve a term ending three years after July 1, 1996, and the 9,038
members appointed by the president of the senate and the county 9,040
commissioners association of Ohio shall serve terms ending four 9,042
years after July 1, 1996. Thereafter, terms of office of the
appointed members shall be for four years, with each term ending 9,044
on the same day of the same month as did the term that it 9,045
207
succeeds. Members may be reappointed. Vacancies shall be filled 9,046
in the same manner provided for original appointments. A member 9,047
appointed to fill a vacancy occurring prior to the expiration of 9,048
the term for which that member's predecessor was appointed shall 9,049
hold office as a member for the remainder of the predecessor's 9,050
term. An appointed member shall continue in office subsequent to 9,051
the expiration date of that member's term until that member's 9,052
successor takes office or until a period of sixty days has 9,053
elapsed, whichever occurs first. 9,054
If the chief justice of the supreme court, the director of 9,056
the office of budget and management, or the state public defender 9,058
serves as a member of the committee, that person's term of office 9,059
as a member shall continue for as long as that person holds 9,060
office as chief justice, director of the office of budget and 9,061
management, or state public defender. If the chief justice of 9,062
the supreme court designates a representative of the court to
serve as a member, the director of budget and management 9,063
designates a representative of the office of budget and 9,064
management to serve as a member, or the state public defender 9,066
designates a representative of the office of the state public 9,067
defender to serve as a member, the person so designated shall 9,068
serve as a member of the commission for as long as the official 9,069
who made the designation holds office as chief justice, director 9,070
of the office of budget and management, or state public defender 9,071
or until that official revokes the designation.
The chief justice of the supreme court or the 9,073
representative of the supreme court appointed by the chief 9,074
justice shall serve as chairperson of the committee. The 9,075
committee shall meet within two weeks after all appointed members 9,076
have been appointed and shall organize as necessary. Thereafter, 9,077
the committee shall meet at least once every six months or more 9,078
often upon the call of the chairperson or the written request of 9,079
three or more members, provided that the committee shall not meet 9,080
unless moneys have been appropriated to the judiciary budget 9,081
208
administered by the supreme court specifically for the purpose of 9,082
providing financial assistance to counties under division (I)(2) 9,083
of this section and the moneys so appropriated then are available 9,084
for that purpose.
The members of the committee shall serve without 9,086
compensation, but, if moneys have been appropriated to the 9,087
judiciary budget administered by the supreme court specifically 9,088
for the purpose of providing financial assistance to counties 9,089
under division (I)(2) of this section, each member shall be 9,090
reimbursed out of the moneys so appropriated that then are 9,091
available for actual and necessary expenses incurred in the 9,092
performance of official duties as a committee member. 9,093
(2) The state criminal sentencing commission periodically 9,095
shall provide to the felony sentence appeal cost oversight 9,096
committee all data the commission collects pursuant to division 9,097
(A)(5) of section 181.25 of the Revised Code. Upon receipt of 9,099
the data from the state criminal sentencing commission, the 9,100
felony sentence appeal cost oversight committee periodically 9,101
shall review the data; determine whether any money has been 9,102
appropriated to the judiciary budget administered by the supreme 9,103
court specifically for the purpose of providing state financial 9,104
assistance to counties in accordance with this division for the 9,105
increase in expenses the counties experience as a result of the 9,106
felony sentence appeal provisions set forth in this section or as 9,107
a result of a postconviction relief proceeding brought under 9,108
division (A)(2) of section 2953.21 of the Revised Code or an 9,109
appeal of a judgment in that proceeding; if it determines that 9,110
any money has been so appropriated, determine the total amount of 9,111
moneys that have been so appropriated specifically for that 9,112
purpose and that then are available for that purpose; and develop 9,113
a recommended method of distributing those moneys to the 9,114
counties. The committee shall send a copy of its recommendation 9,115
to the supreme court. Upon receipt of the committee's 9,116
recommendation, the supreme court shall distribute to the 9,117
209
counties, based upon that recommendation, the moneys that have 9,118
been so appropriated specifically for the purpose of providing
state financial assistance to counties under this division and 9,120
that then are available for that purpose.
Sec. 2967.121. (A) Subject to division (C) of this 9,129
section, at least two weeks before any convict who is serving a 9,131
sentence for committing a felony of the first, second, or third 9,132
degree is released from confinement in any state correctional 9,133
institution pursuant to a pardon, commutation of sentence, 9,134
parole, release in accordance with section 2929.20 of the Revised 9,136
Code, or completed prison term, the adult parole authority shall 9,137
send notice of the release to the prosecuting attorney of the 9,138
county in which the indictment of the convict was found. 9,139
(B) The notice required by division (A) of this section 9,141
may be contained in a weekly list of all felons of the first, 9,143
second, or third degree who are scheduled for release. The 9,144
notice shall contain all of the following: 9,145
(1) The name of the convict being released; 9,147
(2) The date of the convict's release; 9,149
(3) The offense for the violation of which the convict was 9,151
convicted and incarcerated; 9,152
(4) The date of the convict's conviction pursuant to which 9,154
the convict was incarcerated; 9,155
(5) The sentence imposed for that conviction; 9,157
(6) The length of any supervision that the convict will be 9,159
under; 9,160
(7) The name, business address, and business phone number 9,162
of the convict's supervising officer; 9,163
(8) The address at which the convict will reside. 9,165
(C) Divisions (A) and (B) of this section do not apply to 9,168
the release from confinement of an offender if the offender is 9,169
serving a prison term imposed under division (A)(3) of section 9,170
2971.03 of the Revised Code, if the court pursuant to section
2971.05 of the Revised Code modifies the requirement that the 9,171
210
offender serve that entire term in a state correctional 9,173
institution, and if the release from confinement is pursuant to 9,175
that modification. In a case of that type, the court that
modifies the requirement promptly shall provide written notice of 9,176
the modification and the order that modifies the requirement or 9,177
revises the modification to the offender, the department of 9,178
rehabilitation and correction, the prosecuting attorney, and any 9,179
state agency or political subdivision that is affected by the 9,180
order.
Sec. 2967.13. (A) Except as provided in division (M)(G) 9,192
of this section, a prisoner serving a sentence of imprisonment 9,194
for life for an offense committed on or after July 1, 1996, is 9,195
not entitled to any earned credit under section 2967.193 of the 9,196
Revised Code Except as provided in division (M) of this section,
a and becomes eligible for parole as follows: 9,197
(1) If a sentence of imprisonment for life was imposed for 9,199
the offense of murder, at the expiration of the prisoner's 9,200
minimum term;
(2) If a sentence of imprisonment for life with parole 9,203
eligibility after serving twenty years of imprisonment was 9,204
imposed pursuant to section 2929.022 or 2929.03 of the Revised 9,205
Code July 1, 1996,, after serving a term of twenty years Except 9,206
as provided in division (M) of this section, a;
(3) If a sentence of imprisonment for life with parole 9,209
eligibility after serving twenty-five full years of imprisonment 9,210
was imposed pursuant to section 2929.022 or 2929.03 of the 9,211
Revised Code July 1, 1996,, after serving a term of twenty-five
full years, Except as provided in division (M) of this section, 9,212
a;
(4) If a sentence of imprisonment for life with parole 9,215
eligibility after serving thirty full years of imprisonment was 9,216
imposed pursuant to section 2929.022 or 2929.03 of the Revised 9,217
Code July 1, 1996,, after serving a term of thirty full years, 9,218
Except as provided in division (M) of this section, a;
211
(5) If a sentence of imprisonment for life was imposed for 9,220
rape, after serving a term of ten full years' imprisonment; 9,221
(6) IF A SENTENCE OF IMPRISONMENT FOR LIFE WITH PAROLE 9,223
ELIGIBILITY AFTER SERVING FIFTEEN YEARS OF IMPRISONMENT WAS 9,224
IMPOSED FOR A VIOLATION OF SECTION 2927.24 OF THE REVISED CODE, 9,225
AFTER SERVING A TERM OF FIFTEEN YEARS.
(B) Except as provided in division (M)(G) of this section, 9,227
a prisoner serving a sentence of imprisonment for life with 9,229
parole eligibility after serving twenty years of imprisonment or 9,230
a sentence of imprisonment for life with parole eligibility after 9,231
serving twenty-five full years or thirty full years of
imprisonment imposed pursuant to section 2929.022 or 2929.03 of 9,232
the Revised Code for an offense committed on or after July 1, 9,234
1996, consecutively to any other term of imprisonment, becomes 9,235
eligible for parole after serving twenty years, twenty full
years, or thirty full years, as applicable, as to each such 9,237
sentence of life imprisonment, which shall not be reduced for
earned credits under section 2967.193 of the Revised Code, plus 9,238
the term or terms of the other sentences consecutively imposed 9,239
or, if one of the other sentences is another type of life 9,240
sentence with parole eligibility, the number of years before 9,241
parole eligibility for that sentence.
Except as provided in division (M) of this section, a July 9,243
1, 1996 with parole eligibility 9,244
Except as provided in division (M) of this section, a July 9,246
1, 1996 with parole eligibility 9,247
(C) Except as provided in division (M)(G) of this section, 9,249
a prisoner serving consecutively two or more sentences in which 9,251
an indefinite term of imprisonment is imposed becomes eligible
for parole upon the expiration of the aggregate of the minimum 9,252
terms of the sentences. 9,253
(D) Except as provided in division (M)(G) of this section, 9,255
a prisoner serving a term of imprisonment who is described in 9,257
division (A) of section 2967.021 of the Revised Code becomes
212
eligible for parole as described in that division or, if the 9,258
prisoner is serving a definite term of imprisonment, shall be 9,260
released as described in that division.
Except as provided in division (M) of this section, a 9,262
(E) A prisoner serving a sentence of life imprisonment 9,264
without parole imposed pursuant to section 2929.03 or 2929.06 of 9,265
the Revised Code is not eligible for parole and shall be 9,266
imprisoned until death.
(F) A prisoner serving a stated prison term shall be 9,268
released in accordance with section 2967.28 of the Revised Code. 9,269
(M)(G) A prisoner serving a prison term or term of life 9,271
imprisonment without parole imposed pursuant to section 2971.03 9,272
of the Revised Code never becomes eligible for parole during that 9,273
term of imprisonment.
Sec. 2967.131. (A) In addition to any other terms and 9,282
conditions of a conditional pardon or parole, of transitional 9,284
control, or of another form of authorized release from 9,286
confinement in a state correctional institution that is granted 9,287
to an individual and that involves the placement of the
individual under the supervision of the adult parole authority, 9,288
and in addition to any other sanctions of post-release control of 9,289
a felon imposed under section 2967.28 of the Revised Code, the 9,290
authority or, in the case of a conditional pardon, the governor 9,291
shall include in the terms and conditions of the conditional 9,292
pardon, parole, transitional control, or other form of authorized 9,293
release or shall include as a condition CONDITIONS of the 9,295
post-release control the condition CONDITIONS THAT THE INDIVIDUAL 9,296
OR FELON NOT LEAVE THE STATE WITHOUT PERMISSION OF THE COURT OR 9,297
THE INDIVIDUAL'S OR FELON'S PAROLE OR PROBATION OFFICER AND that 9,298
the individual or felon abide by the law, including, but not 9,300
limited to, complying with the provisions of Chapter 2923. of the 9,302
Revised Code relating to the possession, sale, furnishing, 9,303
transfer, disposition, purchase, acquisition, carrying, 9,304
conveying, or use of, or other conduct involving, a firearm or
213
dangerous ordnance, as defined in section 2923.11 of the Revised 9,305
Code, during the period of the individual's or felon's 9,307
conditional pardon, parole, transitional control, other form of 9,309
authorized release, or post-release control. 9,311
(B) During the period of a conditional pardon or parole, 9,313
of transitional control, or of another form of authorized release 9,316
from confinement in a state correctional institution that is 9,317
granted to an individual and that involves the placement of the 9,318
individual under the supervision of the adult parole authority,
and during a period of post-release control of a felon imposed 9,319
under section 2967.28 of the Revised Code, authorized field 9,321
officers of the authority who are engaged within the scope of
their supervisory duties or responsibilities may search, with or 9,322
without a warrant, the person of the individual or felon, the 9,324
place of residence of the individual or felon, and a motor 9,327
vehicle, another item of tangible or intangible personal
property, or other real property in which the individual or felon 9,329
has a right, title, or interest or for which the individual or 9,331
felon has the express or implied permission of a person with a 9,334
right, title, or interest to use, occupy, or possess, if the 9,335
field officers have reasonable grounds to believe that the 9,337
individual or felon HAS LEFT THE STATE, is not abiding by the 9,339
law, or otherwise is not complying with the terms and conditions 9,340
of the individual's or felon's conditional pardon, parole, 9,341
transitional control, other form of authorized release, or 9,344
post-release control. The authority shall provide each 9,345
individual who is granted a conditional pardon or parole, 9,346
transitional control, or another form of authorized release from 9,347
confinement in a state correctional institution and each felon 9,348
who is under post-release control with a written notice that 9,350
informs the individual or felon that authorized field officers of 9,352
the authority who are engaged within the scope of their 9,355
supervisory duties or responsibilities may conduct those types of 9,356
searches during the period of the conditional pardon, parole, 9,357
214
transitional control, other form of authorized release, or 9,358
post-release control if they have reasonable grounds to believe 9,359
that the individual or felon HAS LEFT THE STATE, is not abiding 9,361
by the law, or otherwise is not complying with the terms and 9,362
conditions of the individual's or felon's conditional pardon, 9,365
parole, transitional control, other form of authorized release, 9,367
or post-release control.
Sec. 2967.141. (A) As used in this section, "alternative 9,377
residential facility" has the same meaning as in section 2929.01 9,378
of the Revised Code. 9,379
(B) The department of rehabilitation and correction, 9,382
through its division of parole and community services, may 9,383
operate or contract for the operation of one or more violation 9,384
sanction centers as an alternative residential facility. A 9,385
violation sanction center operated under authority of this 9,386
division is not a prison within the meaning of division (CC)(BB) 9,387
of section 2929.01 of the Revised Code. A violation sanction 9,388
center operated under authority of this division may be used for 9,389
either of the following purposes: 9,390
(1) Service of the term of a more restrictive post-release 9,393
control sanction that the parole board, subsequent to a hearing, 9,394
imposes pursuant to division (F)(2) of section 2967.28 of the 9,396
Revised Code upon a releasee who has violated a post-release 9,397
control sanction imposed upon the releasee under that section; 9,398
(2) Service of a sanction that the adult parole authority 9,400
or parole board imposes upon a parolee whom the authority 9,401
determines to be a parole violator because of a violation of the 9,402
terms and conditions of the parolee's parole or conditional 9,403
pardon. 9,404
(C) If a violation sanction center is established under 9,407
the authority of this section, notwithstanding the fact that the 9,408
center is an alternative residential facility for the purposes 9,409
described in division (B) of this section, the center shall be 9,411
used only for the purposes described in that division. A
215
violation sanction center established under the authority of this 9,412
section is not an alternative residential facility for the 9,413
purpose of imposing sentence on an offender who is convicted of 9,414
or pleads guilty to a felony, and a court that is sentencing an 9,416
offender for a felony pursuant to sections 2929.11 to 2929.19 of
the Revised Code shall not sentence the offender to a community 9,418
residential sanction that requires the offender to serve a term 9,419
in the center.
(D) If a releasee is ordered to serve a sanction in a 9,421
violation sanction center, as described in division (B)(1) of 9,422
this section, all of the following apply: 9,423
(1) The releasee shall not be considered to be under a new 9,425
prison term for a violation of post-release control. 9,426
(2) The time the releasee serves in the center shall not 9,428
count toward, and shall not be considered in determining, the 9,429
maximum cumulative prison term for all violations that is 9,430
described in division (F)(3) of section 2967.28 of the Revised 9,431
Code.
(3) The time the releasee serves in the center shall count 9,433
as part of, and shall be credited toward, the remaining period of 9,434
post-release control that is applicable to the releasee. 9,435
Sec. 2967.16. (A) Except as provided in division (D) of 9,444
this section, when a paroled prisoner has faithfully performed 9,447
the conditions and obligations of the paroled prisoner's parole
and has obeyed the rules and regulations adopted by the adult 9,448
parole authority that apply to the paroled prisoner, the 9,449
authority upon the recommendation of the superintendent of parole 9,450
supervision may enter upon its minutes a final release and 9,451
thereupon shall issue to the paroled prisoner a certificate of 9,452
final release, but the authority shall not grant a final release 9,453
earlier than one year after the paroled prisoner is released from 9,454
the institution on parole, and, in the case of a paroled prisoner 9,456
whose minimum sentence is life imprisonment, the authority shall 9,457
not grant a final release earlier than five years after the
216
paroled prisoner is released from the institution on parole. 9,458
(B) When a prisoner who has been released under a period 9,460
of post-release control pursuant to section 2967.28 of the 9,461
Revised Code has faithfully performed the conditions and 9,463
obligations of the released prisoner's post-release control
sanctions and has obeyed the rules and regulations adopted by the 9,465
adult parole authority that apply to the released prisoner, the 9,466
authority, upon the recommendation of the superintendent of 9,467
parole supervision, may enter upon its minutes a final release 9,468
and, upon the entry of the final release, shall issue to the 9,469
released prisoner a certificate of final release. The IN THE 9,471
CASE OF A PRISONER WHO HAS BEEN RELEASED UNDER A PERIOD OF 9,472
POST-RELEASE CONTROL PURSUANT TO DIVISION (B) OF SECTION 2967.28
OF THE REVISED CODE, THE authority shall not grant a final 9,473
release earlier than one year after the released prisoner is 9,475
released from the institution under a period of post-release 9,476
control, and, in. IN the case of a released prisoner whose 9,478
sentence is life imprisonment, the authority shall not grant a 9,480
final release earlier than five years after the released prisoner 9,481
is released from the institution under a period of post-release 9,482
control.
(C) The following prisoners or person shall be restored to 9,484
the rights and privileges forfeited by a conviction: 9,486
(1) A prisoner who has served the entire prison term that 9,489
comprises or is part of the prisoner's sentence and has not been 9,490
placed under any post-release control sanctions;
(2) A prisoner who has been granted a final release by the 9,492
adult parole authority pursuant to division (A) or (B) of this 9,493
section; 9,494
(3) A person who has completed the period of a community 9,496
control sanction or combination of community control sanctions, 9,498
as defined in section 2929.01 of the Revised Code, that was 9,499
imposed by the sentencing court.
(D) Division (A) of this section does not apply to a 9,501
217
prisoner in the shock incarceration program established pursuant 9,502
to section 5120.031 of the Revised Code. 9,503
(E) The adult parole authority shall record the final 9,505
release of a parolee or prisoner in the official minutes of the 9,506
authority.
Sec. 2967.26. (A)(1) The department of rehabilitation and 9,515
correction, by rule, may establish a transitional control program 9,517
for the purpose of closely monitoring a prisoner's adjustment to 9,518
community supervision during the final one hundred eighty days of 9,519
the prisoner's confinement. If the department establishes a 9,520
transitional control program under this division, the adult 9,521
parole authority may transfer eligible prisoners to transitional 9,522
control status under the program during the final one hundred 9,523
eighty days of their confinement and under the terms and 9,524
conditions established by the department, shall provide for the 9,525
confinement as provided in this division of each eligible 9,526
prisoner so transferred, and shall supervise each eligible 9,527
prisoner so transferred in one or more community control 9,528
sanctions. Each eligible prisoner who is transferred to 9,529
transitional control status under the program shall be confined 9,530
in a suitable facility that is licensed pursuant to division (C) 9,532
of section 2967.14 of the Revised Code, or shall be confined in a 9,533
residence the department has approved for this purpose and be 9,534
monitored pursuant to an electronic monitoring device, as defined 9,536
in section 2929.23 of the Revised Code. If the department 9,537
establishes a transitional control program under this division, 9,538
the rules establishing the program shall include criteria that 9,539
define which prisoners are eligible for the program, criteria 9,540
that must be satisfied to be approved as a residence that may be 9,541
used for confinement under the program of a prisoner that is 9,542
transferred to it and procedures for the department to approve 9,543
residences that satisfy those criteria, and provisions of the 9,544
type described in division (C) of this section. At a minimum, 9,546
the criteria that define which prisoners are eligible for the 9,547
218
program shall provide all of the following: 9,548
(a) That a prisoner is eligible for the program if the 9,551
prisoner is serving a prison term or term of imprisonment for an 9,552
offense committed prior to the effective date of this amendment 9,553
and if, at the time at which eligibility is being determined, the 9,554
prisoner would have been eligible for a furlough under this 9,555
section as it existed immediately prior to the effective date of 9,556
this amendment or would have been eligible for conditional 9,557
release under former section 2967.23 of the Revised Code as that 9,558
section existed immediately prior to the effective date of this 9,559
amendment;
(b) That no prisoner who is serving a mandatory prison 9,562
term is eligible for the program until after expiration of the 9,563
mandatory term;
(c) That no prisoner who is serving a prison term or term 9,566
of life imprisonment without parole imposed pursuant to section 9,567
2971.03 of the Revised Code is eligible for the program. 9,569
(2) At least three weeks prior to transferring to 9,572
transitional control under this section a prisoner who is serving 9,573
a term of imprisonment or prison term for an offense committed on 9,574
or after July 1, 1996, the adult parole authority shall give 9,575
notice of the pendency of the transfer to transitional control to 9,576
the court of common pleas of the county in which the indictment 9,577
against the prisoner was found and of the fact that the court may 9,578
disapprove the transfer of the prisoner to transitional control 9,580
AND SHALL INCLUDE A REPORT PREPARED BY THE HEAD OF THE STATE 9,581
CORRECTIONAL INSTITUTION IN WHICH THE PRISONER IS CONFINED. THE 9,582
HEAD OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER 9,583
IS CONFINED, UPON THE REQUEST OF THE ADULT PAROLE AUTHORITY,
SHALL PROVIDE TO THE AUTHORITY FOR INCLUSION IN THE NOTICE SENT 9,584
TO THE COURT UNDER THIS DIVISION A REPORT ON THE PRISONER'S 9,585
CONDUCT IN THE INSTITUTION AND IN ANY INSTITUTION FROM WHICH THE 9,586
PRISONER MAY HAVE BEEN TRANSFERRED. THE REPORT SHALL COVER THE 9,587
PRISONER'S PARTICIPATION IN SCHOOL, VOCATIONAL TRAINING, WORK,
219
TREATMENT, AND OTHER REHABILITATIVE ACTIVITIES AND ANY 9,588
DISCIPLINARY ACTION TAKEN AGAINST THE PRISONER. If the court 9,590
disapproves of the transfer of the prisoner to transitional
control, the court shall notify the authority of the disapproval 9,592
within ten THIRTY days after receipt of the notice. If the court 9,594
timely disapproves the transfer of the prisoner to transitional 9,596
control, the authority shall not proceed with the transfer. If 9,598
the court does not timely disapprove the transfer of the prisoner 9,599
to transitional control, the authority may transfer the prisoner 9,601
to transitional control.
(3) If the victim of an offense for which a prisoner was 9,603
sentenced to a prison term or term of imprisonment has requested 9,604
notification under section 2930.16 of the Revised Code and has 9,605
provided the department of rehabilitation and correction with the 9,606
victim's name and address, the adult parole authority, at least 9,607
three weeks prior to transferring the prisoner to transitional 9,609
control pursuant to this section, shall notify the victim of the 9,610
pendency of the transfer and of the victim's right to submit a 9,612
statement to the authority regarding the impact of the transfer 9,613
of the prisoner to transitional control. If the victim 9,614
subsequently submits a statement of that nature to the authority, 9,615
the authority shall consider the statement in deciding whether to 9,616
transfer the prisoner to transitional control. 9,618
(B) Each prisoner transferred to transitional control 9,621
under this section shall be confined in the manner described in 9,622
division (A) of this section during any period of time that the 9,623
prisoner is not actually working at the prisoner's approved 9,624
employment, engaged in a vocational training or another 9,626
educational program, engaged in another program designated by the 9,629
director, or engaged in other activities approved by the
department. 9,630
(C) The department of rehabilitation and correction shall 9,632
adopt rules for transferring eligible prisoners to transitional 9,634
control, supervising and confining prisoners so transferred, 9,635
220
administering the transitional control program in accordance with 9,637
this section, and using the moneys deposited into the 9,638
transitional control fund established under division (E) of this 9,639
section.
(D) The department of rehabilitation and correction may 9,641
adopt rules for the issuance of passes for the limited purposes 9,642
described in this division to prisoners who are transferred to 9,643
transitional control under this section. If the department 9,644
adopts rules of that nature, the rules shall govern the granting 9,645
of the passes and shall provide for the supervision of prisoners 9,646
who are temporarily released pursuant to one of those passes. 9,647
Upon the adoption of rules under this division, the department 9,649
may issue passes to prisoners who are transferred to transitional 9,650
control status under this section in accordance with the rules 9,651
and the provisions of this division. All passes issued under 9,652
this division shall be for a maximum of forty-eight hours and may 9,653
be issued only for the following purposes: 9,654
(1) To visit a dying relative; 9,656
(2) To attend the funeral of a relative; 9,658
(3) To visit with family; 9,660
(4) To otherwise aid in the rehabilitation of the 9,662
prisoner. 9,663
(E) The adult parole authority may require a prisoner who 9,667
is transferred to transitional control to pay to the division of 9,668
parole and community services the reasonable expenses incurred by 9,669
the division in supervising or confining the prisoner while under 9,670
transitional control. Inability to pay those reasonable expenses 9,672
shall not be grounds for refusing to transfer an otherwise 9,674
eligible prisoner to transitional control. Amounts received by 9,676
the division of parole and community services under this division 9,678
shall be deposited into the transitional control fund, which is 9,680
hereby created in the state treasury and which hereby replaces 9,681
and succeeds the furlough services fund that formerly existed in 9,682
the state treasury. All moneys that remain in the furlough 9,683
221
services fund on the effective date of this amendment shall be 9,684
transferred on that date to the transitional control fund. The 9,685
transitional control fund shall be used solely to pay costs 9,686
related to the operation of the transitional control program 9,687
established under this section. The director of rehabilitation 9,689
and correction shall adopt rules in accordance with section 9,690
111.15 of the Revised Code for the use of the fund.
(F) A prisoner who violates any rule established by the 9,692
department of rehabilitation and correction under division (A), 9,694
(C), or (D) of this section may be transferred to a state 9,696
correctional institution pursuant to rules adopted under division 9,697
(A), (C), or (D) of this section, but the prisoner shall receive 9,699
credit towards completing the prisoner's sentence for the time 9,700
spent under transitional control. 9,701
If a prisoner is transferred to transitional control under 9,703
this section, upon successful completion of the period of 9,704
transitional control, the prisoner may be released on parole or 9,706
under post-release control pursuant to section 2967.13 or 2967.28 9,707
of the Revised Code and rules adopted by the department of 9,708
rehabilitation and correction. If the prisoner is released under 9,709
post-release control, the duration of the post-release control, 9,711
the type of post-release control sanctions that may be imposed, 9,712
the enforcement of the sanctions, and the treatment of prisoners 9,713
who violate any sanction applicable to the prisoner are governed 9,714
by section 2967.28 of the Revised Code. 9,715
Sec. 2967.28. (A) As used in this section: 9,724
(1) "Monitored time" means the monitored time sanction 9,727
specified in section 2929.17 of the Revised Code. 9,728
(2) "Deadly weapon" and "dangerous ordnance" have the same 9,731
meanings as in section 2923.11 of the Revised Code. 9,732
(3) "Felony sex offense" means a violation of a section 9,734
contained in Chapter 2907. of the Revised Code that is a felony. 9,736
(B) Each sentence to a prison term for a felony of the 9,739
first degree, for a felony of the second degree, for a felony sex
222
offense, or for a felony of the third degree that is not a felony 9,741
sex offense and in the commission of which the offender caused or 9,742
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of 9,743
post-release control imposed by the parole board after the 9,744
offender's release from imprisonment. Unless reduced by the 9,745
parole board pursuant to division (D) of this section when 9,746
authorized under that division, a period of post-release control 9,748
required by this division for an offender shall be of one of the 9,749
following periods:
(1) For a felony of the first degree or for a felony sex 9,751
offense, five years; 9,752
(2) For a felony of the second degree that is not a felony 9,754
sex offense, three years; 9,755
(3) For a felony of the third degree that is not a felony 9,757
sex offense and in the commission of which the offender caused or 9,758
threatened physical harm to a person, three years. 9,759
(C) Any sentence to a prison term for a felony of the 9,762
third, fourth, or fifth degree that is not subject to division 9,763
(B)(1) or (3) of this section shall include a requirement that 9,764
the offender be subject to a period of post-release control of up 9,765
to three years after the offender's release from imprisonment, if 9,766
the parole board, in accordance with division (D) of this 9,767
section, determines that a period of post-release control is 9,768
necessary for that offender.
(D)(1) Before the prisoner is released from imprisonment, 9,771
the parole board shall impose upon a prisoner described in 9,773
division (B) of this section, may impose upon a prisoner 9,774
described in division (C) of this section, and shall impose upon 9,775
a prisoner described in division (B)(2)(b) of section 5120.031 or 9,776
in division (B)(1) of section 5120.032 of the Revised Code, one 9,778
or more post-release control sanctions to apply during the 9,779
prisoner's period of post-release control. Whenever the board
imposes one or more post-release control sanctions upon a 9,780
223
prisoner, the board, in addition to imposing the sanctions, also 9,781
shall include as a condition of the post-release control THAT the 9,782
mandatory condition described in division (A) of section 2967.131 9,784
of the Revised Code INDIVIDUAL OR FELON NOT LEAVE THE STATE 9,785
WITHOUT PERMISSION OF THE COURT OR THE INDIVIDUAL'S OR FELON'S
PAROLE OR PROBATION OFFICER AND THAT THE INDIVIDUAL OR FELON 9,786
ABIDE BY THE LAW. The board may impose any other conditions of 9,789
release under a post-release control sanction that the board
considers appropriate, AND THE CONDITIONS OF RELEASE MAY INCLUDE 9,790
ANY COMMUNITY RESIDENTIAL SANCTION, COMMUNITY NONRESIDENTIAL 9,791
SANCTION, OR FINANCIAL SANCTION THAT THE SENTENCING COURT WAS 9,792
AUTHORIZED TO IMPOSE PURSUANT TO SECTIONS 2929.16, 2929.17, AND 9,793
2929.18 OF THE REVISED CODE. Prior to the release of a prisoner 9,794
for whom it will impose one or more post-release control 9,795
sanctions under this division, the parole board shall review the
prisoner's criminal history, all juvenile court adjudications 9,798
finding the prisoner, while a juvenile, to be a delinquent child, 9,799
and the record of the prisoner's conduct while imprisoned. The 9,800
parole board shall consider any recommendation regarding
post-release control sanctions for the prisoner made by the 9,801
office of victims' services. After considering those materials, 9,802
the board shall determine, for a prisoner described in division 9,803
(B) of this section, division (B)(2)(b) of section 5120.031, or 9,805
division (B)(1) of section 5120.032 of the Revised Code, which 9,806
post-release control sanction or combination of post-release 9,807
control sanctions is reasonable under the circumstances or, for a 9,808
prisoner described in division (C) of this section, whether a 9,809
post-release control sanction is necessary and, if so, which 9,810
post-release control sanction or combination of post-release 9,811
control sanctions is reasonable under the circumstances. In the 9,812
case of a prisoner convicted of a felony of the fourth or fifth 9,814
degree other than a felony sex offense, the board shall presume
that monitored time is the appropriate post-release control 9,815
sanction unless the board determines that a more restrictive 9,816
224
sanction is warranted. A post-release control sanction imposed 9,817
under this division takes effect upon the prisoner's release from 9,818
imprisonment. 9,819
(2) At any time after a prisoner is released from 9,822
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole authority may review 9,825
the releasee's behavior under the post-release control sanctions 9,826
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the 9,827
standards established under division (E) of this section, that a 9,828
more restrictive or a less restrictive sanction is appropriate 9,830
and may impose a different sanction. Unless the period of 9,831
post-release control was imposed for an offense described in 9,832
division (B)(1) of this section, the authority also may recommend 9,833
that the parole board reduce the duration of the period of 9,834
post-release control imposed by the court. If the authority 9,835
recommends that the board reduce the duration of control for an 9,836
offense described in division (B)(2), (B)(3), or (C) of this 9,837
section, the board shall review the releasee's behavior and may 9,839
reduce the duration of the period of control imposed by the 9,840
court. In no case shall the board reduce the duration of the 9,841
period of control imposed by the court for an offense described
in division (B)(1) of this section, and in no case shall the 9,842
board eliminate the mandatory condition described in division (A) 9,843
of section 2967.131 of the Revised Code PERMIT THE RELEASEE TO 9,844
LEAVE THE STATE WITHOUT PERMISSION OF THE COURT OR THE RELEASEE'S 9,845
PAROLE OR PROBATION OFFICER. 9,846
(E) The department of rehabilitation and correction, in 9,848
accordance with Chapter 119. of the Revised Code, shall adopt 9,849
rules that do all of the following: 9,850
(1) Establish standards for the imposition by the parole 9,853
board of post-release control sanctions under this section that 9,854
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised Code and 9,856
225
that are appropriate to the needs of releasees;
(2) Establish standards by which the parole board can 9,858
determine which prisoners described in division (C) of this 9,860
section should be placed under a period of post-release control; 9,861
(3) Establish standards to be used by the parole board in 9,864
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this 9,865
section, in imposing a more restrictive post-release control 9,867
sanction than monitored time upon a prisoner convicted of a
felony of the fourth or fifth degree other than a felony sex 9,869
offense, or in imposing a less restrictive control sanction upon 9,871
a releasee based on the releasee's activities including, but not 9,872
limited to, remaining free from criminal activity and from the 9,873
abuse of alcohol or other drugs, successfully participating in 9,874
approved rehabilitation programs, maintaining employment, and
paying restitution to the victim or meeting the terms of other 9,875
financial sanctions; 9,876
(4) Establish standards to be used by the adult parole 9,878
authority in modifying a releasee's post-release control 9,879
sanctions pursuant to division (D)(2) of this section; 9,880
(5) Establish standards to be used by the adult parole 9,882
authority or parole board in imposing further sanctions under 9,883
division (F) of this section on releasees who violate 9,884
post-release control sanctions, including standards that do the 9,885
following:
(a) Classify violations according to the degree of 9,887
seriousness;
(b) Define the circumstances under which formal action by 9,890
the parole board is warranted;
(c) Govern the use of evidence at violation hearings; 9,892
(d) Ensure procedural due process to an alleged violator; 9,894
(e) Prescribe nonresidential community control sanctions 9,897
for most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to 9,899
226
imprisonment for violations of post-release control. 9,900
(F)(1) If a post-release control sanction is imposed upon 9,902
an offender under this section, the offender upon release from 9,904
imprisonment shall be under the general jurisdiction of the adult 9,906
parole authority and generally shall be supervised by the parole 9,907
supervision section through its staff of parole and field
officers as described in section 5149.04 of the Revised Code, as 9,909
if the offender had been placed on parole. If the offender upon 9,910
release from imprisonment violates the post-release control 9,911
sanction or the mandatory condition ANY CONDITIONS described in 9,912
division (A) of section 2967.131 of the Revised Code THAT ARE 9,913
IMPOSED ON THE OFFENDER, the public or private person or entity 9,915
that operates or administers the sanction or the program or 9,916
activity that comprises the sanction shall report the violation 9,917
directly to the adult parole authority or to the officer of the 9,918
authority who supervises the offender. The authority's officers 9,919
may treat the offender as if the offender were on parole and in 9,920
violation of the parole, and otherwise shall comply with this 9,921
section.
(2) If the adult parole authority determines that a 9,923
releasee has violated a post-release control sanction or the 9,924
mandatory condition ANY CONDITIONS described in division (A) of 9,925
section 2967.131 of the Revised Code imposed upon the releasee 9,928
and that a more restrictive sanction is appropriate, the 9,929
authority may impose a more restrictive sanction upon the
releasee, in accordance with the standards established under 9,930
division (E) of this section, or may report the violation to the 9,932
parole board for a hearing pursuant to division (F)(3) of this 9,934
section. The authority may not, pursuant to this division,
increase the duration of the releasee's post-release control, OR 9,935
impose as a post-release control sanction a residential sanction 9,937
that includes a prison term, or eliminate the mandatory condition 9,938
described in division (A) of section 2967.131 BUT THE AUTHORITY 9,939
MAY IMPOSE ON THE RELEASEE ANY OTHER RESIDENTIAL SANCTION, 9,940
227
NONRESIDENTIAL SANCTION, OR FINANCIAL SANCTION THAT THE
SENTENCING COURT WAS AUTHORIZED TO IMPOSE PURSUANT TO SECTIONS 9,941
2929.16, 2929.17, AND 2929.18 of the Revised Code. 9,942
(3) The parole board may hold a hearing on any alleged 9,945
violation by a releasee of a post-release control sanction or the 9,946
mandatory condition ANY CONDITIONS described in division (A) of 9,947
section 2967.131 of the Revised Code THAT ARE imposed upon the 9,948
releasee. If after the hearing the board finds that the releasee 9,952
violated the sanction or mandatory condition, the board may 9,953
increase the duration of the releasee's post-release control up 9,954
to the maximum duration authorized by division (B) or (C) of this 9,956
section or impose a more restrictive post-release control
sanction, but in no case shall the board eliminate the mandatory 9,957
condition described in division (A) of section 2967.131 of the 9,958
Revised Code. When appropriate, the board may impose as a 9,960
post-release control sanction a residential sanction that 9,961
includes a prison term. The board shall consider a prison term 9,963
as a post-release control sanction imposed for a violation of 9,964
post-release control when the violation involves a deadly weapon 9,966
or dangerous ordnance, physical harm or attempted serious 9,967
physical harm to a person, or sexual misconduct, or when the 9,968
releasee committed repeated violations of post-release control 9,969
sanctions. The period of a prison term that is imposed as a 9,971
post-release control sanction under this division shall not
exceed nine months, and the maximum cumulative prison term for 9,972
all violations under this section DIVISION shall not exceed 9,973
one-half of the stated prison term originally imposed upon the 9,975
offender as part of this sentence. The period of a prison term 9,976
that is imposed as a post-release control sanction under this 9,977
division shall not count as, or be credited toward, the remaining 9,978
period of post-release control.
(4) A PAROLEE OR releasee who has violated any CONDITION 9,980
OF PAROLE, ANY post-release control sanction, or the mandatory 9,982
condition ANY CONDITIONS described in division (A) of section 9,985
228
2967.131 of the Revised Code THAT ARE imposed upon the releasee 9,986
by committing a felony may be prosecuted for the new felony, and, 9,988
upon conviction, the court shall impose sentence for the new 9,989
felony. In addition to the sentence imposed for the new felony, 9,990
the court may impose a prison term for the violation, and the 9,991
term imposed for the violation shall be reduced by the ANY prison 9,992
term that is administratively imposed by the parole board or 9,994
adult parole authority as a post-release control sanction. The 9,995
IF THE PERSON IS A RELEASEE, THE maximum prison term for the
violation shall be either the maximum period of post-release 9,997
control for the earlier felony under division (B) or (C) of this 9,999
section minus any time the releasee has spent under post-release 10,000
control for the earlier felony or twelve months, whichever is 10,001
greater. A prison term imposed for the violation shall be served 10,002
consecutively to any prison term imposed for the new felony. A 10,003
IF THE PERSON IS A RELEASEE, A prison term imposed for the 10,005
violation, and a prison term imposed for the new felony, shall
not count as, or be credited toward, the remaining period of 10,006
post-release control imposed for the earlier felony. 10,007
(5) Any period of post-release control shall commence upon 10,009
an offender's actual release from prison. If an offender is 10,010
serving an indefinite prison term or a life sentence in addition 10,011
to a stated prison term, the offender shall serve the period of 10,012
post-release control in the following manner: 10,013
(a) If a period of post-release control is imposed upon 10,015
the offender and if the offender also is subject to a period of 10,016
parole under a life sentence or an indefinite sentence, and if 10,017
the period of post-release control ends prior to the period of 10,018
parole, the offender shall be supervised on parole. The offender 10,019
shall receive credit for post-release control supervision during 10,020
the period of parole. The offender is not eligible for final 10,021
release under section 2967.16 of the Revised Code until the 10,022
post-release control period otherwise would have ended. 10,023
(b) If a period of post-release control is imposed upon 10,025
229
the offender and if the offender also is subject to a period of 10,026
parole under an indefinite sentence, and if the period of parole 10,027
ends prior to the period of post-release control, the offender 10,028
shall be supervised on post-release control. The requirements of 10,029
parole supervision shall be satisfied during the post-release 10,030
control period.
(c) If an offender is subject to more than one period of 10,032
post-release control, the period of post-release control for all 10,033
of the sentences shall be the period of post-release control that 10,034
expires last, as determined by the parole board. Periods of 10,035
post-release control shall be served concurrently and shall not 10,036
be imposed consecutively to each other.
(d) The period of post-release control for a releasee who 10,039
commits a felony while under post-release control for an earlier 10,040
felony shall be the longer of the period of post-release control 10,041
specified for the new felony under division (B) or (C) of this 10,042
section or the time remaining under the period of post-release 10,043
control imposed for the earlier felony as determined by the 10,044
parole board.
Sec. 3719.121. (A) Except as otherwise provided in 10,053
section 4723.28, 4723.35, 4730.25, or 4731.22 of the Revised 10,054
Code, the license, certificate, or registration of any dentist, 10,056
doctor of medicine or osteopathic medicine, podiatrist, 10,057
registered nurse, licensed practical nurse, physician assistant, 10,058
pharmacist, pharmacy intern, optometrist, or veterinarian who is 10,059
or becomes addicted to the use of controlled substances shall be 10,061
suspended by the board that authorized the person's license, 10,062
certificate, or registration until the person offers satisfactory 10,064
proof to the board that the person no longer is addicted to the 10,065
use of controlled substances. 10,066
(B) If the board under which a person has been issued a 10,069
license, certificate, or evidence of registration determines that 10,071
there is clear and convincing evidence that continuation of the 10,072
person's professional practice or method of prescribing or 10,073
230
personally furnishing controlled substances presents a danger of 10,076
immediate and serious harm to others, the board may suspend the 10,077
person's license, certificate, or registration without a hearing. 10,078
Except as otherwise provided in sections 4715.30, 4723.281, 10,079
4730.25, and 4731.22 of the Revised Code, the board shall follow 10,081
the procedure for suspension without a prior hearing in section 10,083
119.07 of the Revised Code. The suspension shall remain in
effect, unless removed by the board, until the board's final 10,084
adjudication order becomes effective, except that if the board 10,085
does not issue its final adjudication order within ninety days 10,086
after the hearing, the suspension shall be void on the 10,087
ninety-first day after the hearing. 10,088
(C) On receiving notification pursuant to section 2929.24 10,090
or 3719.12 of the Revised Code, the board under which a person 10,091
has been issued a license, certificate, or evidence of 10,092
registration immediately shall suspend the license, certificate, 10,094
or registration of that person on a plea of guilty to, a finding 10,097
by a jury or court of the person's guilt of, or conviction of a
felony drug abuse offense; a finding by a court of the person's 10,099
eligibility for treatment INTERVENTION in lieu of conviction; a 10,100
plea of guilty to, or a finding by a jury or court of the 10,102
person's guilt of, or the person's conviction of an offense in 10,103
another jurisdiction that is essentially the same as a felony 10,104
drug abuse offense; or a finding by a court of the person's 10,105
eligibility for treatment OR INTERVENTION in lieu of conviction 10,106
in another jurisdiction. The board shall notify the holder of 10,107
the license, certificate, or registration of the suspension, 10,108
which shall remain in effect until the board holds an 10,110
adjudicatory hearing under Chapter 119. of the Revised Code. 10,111
Sec. 3719.70. (A) When testimony, information, or other 10,120
evidence in the possession of a person who uses, possesses, or 10,121
trafficks in any drug of abuse appears necessary to an 10,122
investigation by law enforcement authorities into illicit sources 10,123
of any drug of abuse, or appears necessary to successfully 10,124
231
institute, maintain, or conclude a prosecution for any drug abuse 10,125
offense, as defined in section 2925.01 of the Revised Code, a 10,126
judge of the court of common pleas may grant to that person 10,127
immunity from prosecution for any offense based upon the 10,128
testimony, information, or other evidence furnished by that 10,129
person, other than a prosecution of that person for giving false 10,130
testimony, information, or other evidence. 10,131
(B)(1) When a person is convicted of any misdemeanor drug 10,133
abuse offense, the court, in determining whether to suspend 10,135
sentence or place the person on probation, shall take into 10,136
consideration whether the person truthfully has revealed all 10,137
information within the person's knowledge concerning illicit 10,138
traffic in or use of drugs of abuse and, when required, has 10,140
testified as to that information in any proceeding to obtain a 10,141
search or arrest warrant against another or to prosecute another 10,142
for any offense involving a drug of abuse. The information shall 10,143
include, but is not limited to, the identity and whereabouts of 10,144
accomplices, accessories, aiders, and abettors, if any, of the 10,145
person or persons from whom any drug of abuse was obtained or to 10,146
whom any drug of abuse was distributed, and of persons known or 10,147
believed to be drug dependent persons, together with the location 10,148
of any place or places where and the manner in which any drug of 10,149
abuse is illegally cultivated, manufactured, sold, possessed, or 10,150
used. The information also shall include all facts and 10,151
circumstances surrounding any illicit traffic in or use of drugs 10,152
of abuse of that nature.
(2) If a person otherwise is eligible for treatment 10,154
INTERVENTION in lieu of conviction and being ordered to a period 10,157
of rehabilitation under section 2951.041 of the Revised Code as 10,159
an offender who is a drug dependent person or is in danger of 10,160
becoming a drug dependent person but the person has failed to 10,162
cooperate with law enforcement authorities by providing them with 10,163
the types of information described in division (B)(1) of this 10,164
section, the person's lack of cooperation may be considered by 10,166
232
the court under division (B) of section 2951.041 of the Revised 10,167
Code in determining whether to stay all criminal proceedings and 10,168
order the person to a requested period of rehabilitation 10,170
INTERVENTION.
(C) In the absence of a competent and voluntary waiver of 10,172
the right against self-incrimination, no information or testimony 10,173
furnished pursuant to division (B) of this section shall be used 10,174
in a prosecution of the person furnishing it for any offense 10,175
other than a prosecution of that person for giving false 10,176
testimony, information, or other evidence. 10,177
Sec. 3719.99. (A) Whoever violates section 3719.16 or 10,186
3719.161 of the Revised Code is guilty of a felony of the fifth 10,188
degree. If the offender previously has been convicted of a
violation of section 3719.16 or 3719.161 of the Revised Code or a 10,189
drug abuse offense, a violation of section 3719.16 or 3719.161 of 10,190
the Revised Code is a felony of the fourth degree. If the 10,191
violation involves the sale, offer to sell, or possession of a 10,192
schedule I or II controlled substance, with the exception of 10,193
marihuana, and if the offender, as a result of the violation, is 10,194
a major drug offender, division (D) of this section applies. 10,195
(B) Whoever violates division (C) or (D) of section 10,197
3719.172 of the Revised Code is guilty of a felony of the fifth 10,199
degree. If the offender previously has been convicted of a
violation of division (C) or (D) of section 3719.172 of the 10,200
Revised Code or a drug abuse offense, a violation of division (C) 10,201
or (D) of section 3719.172 of the Revised Code is a felony of the 10,203
fourth degree. If the violation involves the sale, offer to 10,204
sell, or possession of a schedule I or II controlled substance, 10,205
with the exception of marihuana, and if the offender, as a result 10,206
of the violation, is a major drug offender, division (D) of this 10,207
section applies.
(C) Whoever violates section 3719.07 or 3719.08 of the 10,209
Revised Code is guilty of a misdemeanor of the first degree. If 10,210
the offender previously has been convicted of a violation of 10,211
233
section 3719.07 or 3719.08 of the Revised Code or a drug abuse 10,212
offense, a violation of section 3719.07 or 3719.08 of the Revised 10,213
Code is a felony of the fifth degree. If the violation involves 10,214
the sale, offer to sell, or possession of a schedule I or II 10,215
controlled substance, with the exception of marihuana, and if the 10,216
offender, as a result of the violation, is a major drug offender, 10,217
division (D) of this section applies. 10,218
(D)(1) If an offender is convicted of or pleads guilty to 10,220
a felony violation of section 3719.07, 3719.08, 3719.16, or 10,221
3719.161 or of division (C) or (D) of section 3719.172 of the 10,222
Revised Code, if the violation involves the sale, offer to sell, 10,223
or possession of a schedule I or II controlled substance, with 10,224
the exception of marihuana, and if THE COURT IMPOSING SENTENCE 10,225
UPON THE OFFENDER FINDS THAT the offender, as a result of the 10,226
violation, is a major drug offender AND IS GUILTY OF A 10,227
SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF THE 10,228
REVISED CODE, the court that sentences the offender, in lieu of 10,229
the prison term authorized or required by division (A), (B), or 10,231
(C) of this section and sections 2929.13 and 2929.14 of the 10,232
Revised Code and in addition to any other sanction imposed for 10,233
the offense under sections 2929.11 to 2929.18 of the Revised 10,234
Code, shall impose upon the offender, in accordance with division
(D)(3)(a) of section 2929.14 of the Revised Code, the mandatory 10,236
prison term specified in that division and may impose an 10,237
additional prison term under division (D)(3)(b) of that section. 10,238
(2) Notwithstanding any contrary provision of section 10,240
3719.21 of the Revised Code, the clerk of the court shall pay any 10,242
fine imposed for a felony violation of section 3719.07, 3719.08, 10,243
3719.16, or 3719.161 or of division (C) or (D) of section 10,244
3719.172 of the Revised Code pursuant to division (A) of section 10,245
2929.18 of the Revised Code in accordance with and subject to the
requirements of division (F) of section 2925.03 of the Revised 10,246
Code. The agency that receives the fine shall use the fine as 10,247
specified in division (F) of section 2925.03 of the Revised Code. 10,248
234
(E) Whoever violates section 3719.05, 3719.06, 3719.13, or 10,250
3719.31 or division (B) of section 3719.172 of the Revised Code 10,252
is guilty of a misdemeanor of the third degree. If the offender 10,253
previously has been convicted of a violation of section 3719.05, 10,254
3719.06, 3719.13, or 3719.31 or division (B) of section 3719.172 10,255
of the Revised Code or a drug abuse offense, a violation of 10,256
section 3719.05, 3719.06, 3719.13, or 3719.31 or division (B) of 10,257
section 3719.172 of the Revised Code is a misdemeanor of the 10,258
first degree.
(F) Whoever violates section 3719.30 of the Revised Code 10,260
is guilty of a misdemeanor of the fourth degree. If the offender 10,261
previously has been convicted of a violation of section 3719.30 10,262
of the Revised Code or a drug abuse offense, a violation of 10,263
section 3719.30 of the Revised Code is a misdemeanor of the third 10,264
degree.
(G) Whoever violates section 3719.32 or 3719.33 of the 10,266
Revised Code is guilty of a minor misdemeanor. 10,267
(H) Whoever violates division (K)(2)(b) of section 3719.44 10,269
of the Revised Code is guilty of a felony of the fifth degree. 10,270
(I) Whoever violates division (K)(2)(c) of section 3719.44 10,272
of the Revised Code is guilty of a misdemeanor of the second 10,273
degree.
(J) As used in this section, "major drug offender" has the 10,275
same meaning as in section 2929.01 of the Revised Code. 10,276
Sec. 3767.12. (A) AS USED IN THIS SECTION, "FELONIOUS 10,285
CONDUCT" MEANS AN OFFENSE THAT IS A FELONY OR A DELINQUENT ACT 10,286
THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT. 10,287
(B) A house or building used or occupied as a habitual 10,289
resort for thieves, burglars, or robbers, OR FOR PERSONS WHO ARE 10,290
CONSPIRING OR PLANNING TO COMMIT, WHO ARE FLEEING AFTER HAVING 10,291
COMMITTED OR AFTER ATTEMPTING TO COMMIT, OR WHO ARE IN HIDING 10,292
AFTER HAVING COMMITTED OR AFTER ATTEMPTING TO COMMIT, FELONIOUS 10,293
CONDUCT is a public nuisance, and the court may order such THE 10,294
PUBLIC nuisance abated.
235
No person shall keep a house which THAT is a habitual 10,296
resort of FOR thieves, burglars, or robbers, OR FOR PERSONS WHO 10,298
ARE CONSPIRING OR PLANNING TO COMMIT, WHO ARE FLEEING AFTER 10,299
HAVING COMMITTED OR AFTER ATTEMPTING TO COMMIT, OR WHO ARE IN 10,300
HIDING AFTER HAVING COMMITTED OR AFTER ATTEMPTING TO COMMIT,
FELONIOUS CONDUCT. No person shall let a house to be so kept, or 10,301
knowingly permit a house which he THAT THE PERSON has let to be 10,303
so kept.
Sec. 3773.99. (A) Whoever violates section 3773.05, 10,312
3773.06, 3773.21, or 3773.50 of the Revised Code is guilty of a 10,314
misdemeanor of the fourth degree. 10,315
(B) Whoever violates section 3773.07 of the Revised Code 10,317
is guilty of a felony of the fourth degree. 10,318
(C) Whoever violates section 3773.211, 3773.32, 3773.40, 10,320
3773.44, 3773.45, 3773.46, or 3773.47, division (A) of section 10,323
3773.54, or division (B) of section 3773.33 of the Revised Code 10,324
is guilty of a misdemeanor of the first degree. 10,325
(D)(C) Whoever violates section 3773.48 or 3773.49 of the 10,327
Revised Code is guilty of a minor misdemeanor. 10,328
Sec. 4503.19. Upon the filing of an application for 10,337
registration and the payment of the tax for registration, the 10,339
registrar of motor vehicles or a deputy registrar shall determine 10,340
whether the owner previously has been issued license plates for 10,342
the motor vehicle described in the application. If no license 10,343
plates previously have been issued to the owner for that motor 10,345
vehicle, the registrar or deputy registrar shall assign to the 10,346
motor vehicle a distinctive number and issue and deliver to the 10,347
owner in the manner that the registrar may select a certificate 10,349
of registration, in the form that the registrar shall prescribe, 10,352
and, except as otherwise provided in this section, two license 10,353
plates, duplicates of each other, and a validation sticker, or a 10,354
validation sticker alone, to be attached to the number plates as 10,355
provided in section 4503.191 of the Revised Code. The registrar 10,357
or deputy registrar also shall charge the owner any fees required 10,358
236
under division (C) of section 4503.10 of the Revised Code. 10,359
Trailers, manufactured homes, mobile homes, semitrailers, the 10,360
manufacturer thereof, the dealer, or in transit companies 10,361
therein, shall be issued one license plate only and one 10,362
validation sticker, or a validation sticker alone, and the 10,363
license plate and validation sticker shall be displayed only on 10,365
the rear of such vehicles. A commercial tractor that does not 10,366
receive an apportioned license plate under the international 10,367
registration plan shall be issued two license plates and one 10,368
validation sticker, and the validation sticker shall be displayed 10,369
on the front of the commercial tractor. An apportioned vehicle 10,370
receiving an apportioned license plate under the international 10,372
registration plan shall be issued one license plate only and one 10,373
validation sticker, or a validation sticker alone; the license 10,374
plate shall be displayed only on the front of a semitractor and 10,375
on the rear of all other vehicles. School buses shall not be 10,376
issued license plates but shall bear identifying numbers in the 10,377
manner prescribed by section 4511.764 of the Revised Code. The 10,378
certificate of registration and license plates and validation 10,379
stickers, or validation stickers alone, shall be issued and 10,380
delivered to the owner in person or by mail. Chauffeured 10,381
limousines shall be issued license plates, a validation sticker, 10,382
and a livery sticker as provided in section 4503.24 of the 10,383
Revised Code. In the event of the loss, mutilation, or 10,384
destruction of any certificate of registration, or of any license 10,385
plates or validation stickers, or if the owner chooses to replace 10,387
license plates previously issued for a motor vehicle, or if the 10,388
registration certificate and license plates have been impounded 10,389
as provided by division (F)(1) of section 4507.02 and division 10,390
(A)(2)(4) of section 4507.16 of the Revised Code, the owner of a 10,392
motor vehicle, or manufacturer or dealer, may obtain from the 10,393
registrar, or from a deputy registrar if authorized by the 10,394
registrar, a duplicate thereof or new license plates bearing a 10,395
different number, if the registrar considers it advisable, upon 10,397
237
filing an application prescribed by the registrar, and upon 10,398
paying a fee of one dollar for such certificate of registration, 10,399
a fee of two dollars for each set of two license plates, or one 10,400
dollar for each single license plate or validation sticker. In 10,402
addition, each applicant for a replacement certificate of 10,403
registration, license plate, or validation sticker shall pay the 10,404
fees provided in divisions (C) and (D) of section 4503.10 of the 10,405
Revised Code.
Additionally, the registrar and each deputy registrar who 10,407
either issues license plates and a validation sticker for use on 10,408
any vehicle other than a commercial tractor, semitrailer, or 10,410
apportioned vehicle, or who issues a validation sticker alone for 10,411
use on such a vehicle and the owner has changed the owner's 10,412
county of residence since the owner last was issued county 10,413
identification stickers, also shall issue and deliver to the 10,414
owner either one or two county identification stickers, as 10,415
appropriate, which shall be attached to the license plates in a 10,417
manner prescribed by the director of public safety. The county 10,418
identification stickers shall identify prominently by name or 10,420
number the county in which the owner of the vehicle resides at 10,421
the time of registration. 10,422
Sec. 4503.233. (A)(1) As used in this section, "vehicle 10,431
owner" means either of the following: 10,432
(a) The person in whose name is registered, at the time of 10,434
the offense, a vehicle that is subject to an immobilization order 10,435
issued under division (A)(2) of this section; 10,436
(b) A person to whom, at the time of the offense, the 10,438
certificate of title to a vehicle has been assigned and who has 10,439
not obtained a certificate of title to the vehicle in that 10,440
person's name but who is deemed by the court as being the owner 10,441
of the vehicle at the time of the offense for which the vehicle
is subject to an immobilization and impoundment order issued 10,442
under division (A)(2) of this section. 10,443
(2) If a court is required to order the immobilization of 10,445
238
a vehicle for a specified period of time pursuant to division 10,446
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 10,447
pursuant to division (A)(2)(b) or (3)(b) of section 4511.99, 10,448
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section 10,449
4507.361, or pursuant to division (B)(2)(a) or (b)(i) OR (ii) of 10,451
section 4511.193 of the Revised Code, the court shall issue an 10,452
immobilization order, subject to section 4503.235 of the Revised 10,454
Code, in accordance with this division and for the period of time 10,455
specified in the particular division, and the immobilization
under the order shall be in accordance with this section. The 10,457
court, at the time of sentencing the offender for the offense 10,458
relative to which the immobilization order is issued or as soon 10,459
thereafter as is practicable, shall give a copy of the order to 10,460
the offender or the offender's counsel and to the vehicle owner 10,461
or the vehicle owner's counsel. The court promptly shall send a 10,462
copy of the order to the registrar on a form prescribed by the 10,463
registrar and to the person or agency it designates to execute
the order. 10,464
The order shall indicate the date on which it is issued, 10,466
shall identify the vehicle that is subject to the order, and 10,467
shall specify all of the following: 10,468
(a) The period of the immobilization; 10,470
(b) The place at which the court determines that the 10,472
immobilization shall be carried out, provided that the court 10,473
shall not determine and shall not specify that the immobilization 10,474
is to be carried out at any place other than a commercially 10,475
operated private storage lot, a place owned by a law enforcement 10,476
or other government agency, or a place to which one of the 10,477
following applies: 10,478
(i) The place is leased by or otherwise under the control 10,480
of a law enforcement or other government agency. 10,481
(ii) The place is owned by the offender, the offender's 10,483
spouse, or a parent or child of the offender. 10,484
(iii) The place is owned by a private person or entity, 10,486
239
and, prior to the issuance of the order, the private entity or 10,487
person that owns the place, or the authorized agent of that 10,488
private entity or person, has given express written consent for 10,489
the immobilization to be carried out at that place. 10,490
(iv) The place is a public street or highway on which the 10,492
vehicle is parked in accordance with the law. 10,493
(c) The person or agency designated by the court to 10,495
execute the order, which shall be either the law enforcement 10,496
agency that employs the law enforcement officer who seized the 10,497
vehicle, a bailiff of the court, another person the court 10,498
determines to be appropriate to execute the order, or the law 10,499
enforcement agency with jurisdiction over the place of residence 10,500
of the vehicle owner; 10,501
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 10,503
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 10,504
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 10,505
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 10,506
(3) The person or agency the court designates to 10,508
immobilize the vehicle shall seize or retain that vehicle's 10,509
license plates and forward them to the bureau of motor vehicles. 10,510
(4) In all cases, the vehicle owner shall be assessed an 10,513
immobilization fee of one hundred dollars, and the immobilization 10,514
fee shall be paid to the registrar before the vehicle may be 10,515
released to the vehicle, and that neither the registrar nor a 10,516
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 10,517
of the vehicle owner until the immobilization fee is paid owner. 10,518
Neither the registrar nor a deputy registrar shall accept an 10,519
application for the registration of any motor vehicle in the name 10,520
of the vehicle owner until the immobilization fee is paid. 10,521
(5) If the vehicle subject to the order is immobilized 10,524
pursuant to the order and is found being operated upon any street 10,525
or highway in this state during the immobilization period, it 10,526
shall be seized, removed from the street or highway, and 10,527
240
criminally forfeited and disposed of pursuant to section 4503.234 10,528
of the Revised Code.
the owner's 10,530
(6) The registrar shall deposit the immobilization fee 10,532
into the law enforcement reimbursement fund created by section 10,533
4501.19 of the Revised Code. Money in the fund shall be expended 10,534
only as provided in division (A)(6) of this section. If the 10,535
court designated in the order a court bailiff or another 10,536
appropriate person other than a law enforcement officer to 10,537
immobilize the vehicle, the amount of the fee deposited into the 10,538
law enforcement reimbursement fund shall be paid out to the 10,539
county treasury if the court that issued the order is a county 10,540
court, to the treasury of the municipal corporation served by the 10,541
court if the court that issued the order is a mayor's court, or 10,542
to the city treasury of the legislative authority of the court, 10,543
both as defined in section 1901.03 of the Revised Code, if the 10,544
court that issued the order is a municipal court. If the court 10,545
designated a law enforcement agency to immobilize the vehicle and 10,546
if the law enforcement agency immobilizes the vehicle, the amount 10,547
of the fee deposited into the law enforcement reimbursement fund 10,548
shall be paid out to the law enforcement agency to reimburse the 10,549
agency for the costs it incurs in obtaining immobilization 10,550
equipment and, if required, in sending an officer or other person 10,551
to search for and locate the vehicle specified in the 10,552
immobilization order and to immobilize the vehicle. 10,553
In addition to the immobilization fee required to be paid 10,555
under division (A)(4) of this section, the vehicle owner may be 10,557
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 10,558
(B) If a court issues an immobilization order under 10,561
division (A)(2) of this section, the person or agency designated 10,562
by the court to execute the immobilization order promptly shall 10,563
immobilize or continue the immobilization of the vehicle at the 10,564
place specified by the court in the order. The registrar shall
241
not authorize the release of the vehicle or authorize the 10,565
issuance of new identification license plates for the vehicle at 10,566
the end of the immobilization period the owner's until the 10,567
immobilization fee has been paid. 10,568
the owner's 10,570
(C) Upon receipt of the license plates for a vehicle under 10,572
this section, the registrar the registrar's shall destroy the 10,573
license plates. At the end of the immobilization period and upon 10,574
the payment of the immobilization fee that must be paid under 10,575
this section, the registrar shall authorize the release of the 10,576
vehicle and authorize the issuance, upon the payment of the same 10,577
fee as is required for the replacement of lost, mutilated, or 10,578
destroyed license plates and certificates of registration, of new 10,580
license plates and, if necessary, a new certificate of 10,581
registration to the vehicle owner for the vehicle in question. 10,582
(D)(1) If a court issues an immobilization order under 10,584
division (A) of this section, the immobilization period commences 10,586
on the day on which the vehicle in question is immobilized the 10,587
owner. If the vehicle in question had been seized under section 10,588
4507.38 or 4511.195 of the Revised Code, the time between the 10,589
seizure and the beginning of the immobilization period shall be 10,590
credited against the immobilization period specified in the 10,592
immobilization order issued under division (A) of this section. 10,593
No vehicle that is impounded under this section is eligible to 10,594
have special license plates of the type described in section 10,595
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 10,597
division (A) of this section, if the vehicle subject to the order 10,599
is immobilized under the order, and if the vehicle is found being 10,600
operated upon any street or highway of this state during the 10,601
immobilization period, it shall be seized, removed from the 10,602
street or highway, and criminally forfeited, and disposed of 10,603
pursuant to section 4503.234 of the Revised Code. No vehicle 10,604
that is forfeited under this provision shall be considered 10,605
242
contraband for purposes of section 2933.41, 2933.42, or 2933.43 10,606
of the Revised Code, but shall be held by the law enforcement 10,607
agency that employs the officer who seized it for disposal in 10,608
accordance with section 4503.234 of the Revised Code. 10,609
(3) If a court issues an immobilization order under 10,611
division (A) of this section, and if the vehicle is not claimed 10,613
within seven days after the end of the period of immobilization 10,614
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 10,616
vehicle shall send a written notice to the vehicle owner at the 10,617
vehicle owner's last known address informing the vehicle owner of 10,618
the date on which the period of immobilization ended, that the 10,619
owner the owner's the vehicle owner has twenty days after the 10,620
date of the notice to pay the immobilization fee and obtain the 10,622
release of the vehicle, and that if the owner the owner's the 10,623
vehicle owner does not pay the fee and obtain the release of the 10,624
vehicle within that twenty-day period, the vehicle will be 10,625
forfeited under section 4503.234 of the Revised Code to the 10,626
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 10,628
immobilization order issued under division (A) of this section 10,630
shall not sell the motor vehicle without approval of the court 10,631
that issued the order. If such an owner wishes to sell such a 10,632
the motor vehicle during the immobilization period, the owner 10,633
shall apply to the court that issued the immobilization order for 10,634
permission to assign the title to the vehicle. If the court is 10,636
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 10,637
this section, it may certify its consent to the owner and to the 10,638
registrar. Upon receipt of the court's consent, the registrar 10,639
shall enter the court's notice in the owner's vehicle license 10,640
plate registration record.
If, during a period of immobilization under an 10,642
immobilization order issued under division (A) of this section, 10,644
243
the title to the immobilized motor vehicle is transferred by the 10,645
foreclosure of a chattel mortgage, a sale upon execution, the 10,646
cancellation of a conditional sales contract, or an order of a 10,647
court, the involved court shall notify the registrar of the 10,648
action, and the registrar shall enter the court's notice in the 10,649
owner's vehicle license plate registration record. 10,650
Nothing in this section shall be construed as requiring the 10,652
registrar or the clerk of the court of common pleas to note upon 10,653
the certificate of title records any prohibition regarding the 10,654
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 10,656
immobilization order under division (A) of this section is 10,658
assigned or transferred without court approval between the time 10,659
of arrest of the person who was operating the vehicle at the time 10,660
of the offense for which such an order is to be issued and the 10,661
time of the actual immobilization of the vehicle, the court shall 10,662
order that, for a period of two years from the date of the order, 10,663
neither the registrar nor any deputy registrar shall accept an 10,664
application for the registration of any motor vehicle in the name 10,665
of the owner of the vehicle that was assigned or transferred 10,666
without court approval. The court shall notify the registrar of 10,667
the order on a form prescribed by the registrar for that purpose. 10,668
(E)(1) The court with jurisdiction over the case, after 10,670
notice to all interested parties including lienholders, and after 10,671
an opportunity for them to be heard, if the vehicle owner fails 10,672
to appear in person, without good cause, or if the court finds 10,673
that the vehicle owner does not intend to seek release of the 10,674
vehicle at the end of the period of immobilization or that the 10,675
vehicle owner is not or will not be able to pay the expenses and 10,676
charges incurred in its removal and storage, may order that title 10,677
to the vehicle be transferred, in order of priority, first into 10,678
the name of the entity entitled to the immobilization fee under 10,679
division (A)(6) of this section, next into the name of a 10,680
lienholder, or lastly, into the name of the owner of the place of 10,681
244
storage. 10,682
A lienholder that receives title under a court order shall 10,685
do so on the condition that it pay any expenses or charges 10,686
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 10,687
to the immobilization fee under division (A)(6) of this section, 10,688
it shall receive title on the condition that it pay any lien on 10,689
the vehicle. The court shall not order that title be transferred 10,690
to any person or entity other than the owner of the place of 10,691
storage if the person or entity refuses to receive the title. 10,692
Any person or entity that receives title may either keep title to 10,693
the vehicle or may dispose of the vehicle in any legal manner 10,694
that it considers appropriate, including assignment of the 10,695
certificate of title to the motor vehicle to a salvage dealer or 10,696
a scrap metal processing facility. The person or entity shall 10,697
not transfer the vehicle to the person who is the vehicle's 10,698
immediate previous owner. 10,699
If the person or entity assigns the motor vehicle to a 10,701
salvage dealer or scrap metal processing facility, the person or 10,703
entity shall send the assigned certificate of title to the motor 10,704
vehicle to the clerk of the court of common pleas of the county 10,705
in which the salvage dealer or scrap metal processing facility is 10,706
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 10,707
deliver a photocopy of the certificate of title to the salvage 10,708
dealer or scrap metal processing facility for its records. 10,709
(2) Whenever a court issues an order under division (E)(1) 10,711
of this section, the court also shall order removal of the 10,712
license plates from the vehicle and cause them to be sent to the 10,713
registrar if they have not already been sent to the registrar. 10,714
Thereafter, no further proceedings shall take place under this 10,715
section, but the vehicle owner remains liable for payment of the 10,716
immobilization fee described in division (A)(4) of this section 10,717
if an immobilization order previously had been issued by the 10,718
245
court.
(3) Prior to initiating a proceeding under division (E)(1) 10,720
of this section, and upon payment of the fee under division (B) 10,721
of section 4505.14 of the Revised Code, any interested party may 10,722
cause a search to be made of the public records of the bureau of 10,723
motor vehicles or the clerk of the court of common pleas, to 10,724
ascertain the identity of any lienholder of the vehicle. The 10,725
initiating party shall furnish this information to the clerk of 10,726
the court with jurisdiction over the case, and the clerk shall 10,728
provide notice to the vehicle owner, the defendant, any 10,729
lienholder, and any other interested parties listed by the 10,730
initiating party, at the last known address supplied by the 10,731
initiating party, by certified mail or, at the option of the 10,732
initiating party, by personal service or ordinary mail. 10,733
As used in this section, "interested party" includes the 10,735
vehicle owner, all lienholders, the defendant, the owner of the 10,736
place of storage, the person or entity that caused the vehicle to 10,737
be removed, and the person or entity, if any, entitled to the 10,738
immobilization fee under division (A)(6) of this section. 10,739
Sec. 4507.021. (A) Every county court judge, mayor of a 10,748
mayor's court, and clerk of a court of record shall keep a full 10,749
record of every case in which a person is charged with any 10,750
violation of sections 4511.01 to 4511.771, 4511.99, and 4513.01 10,751
to 4513.36 of the Revised Code, or of any other law or ordinance 10,752
regulating the operation of vehicles, streetcars, and trackless 10,753
trolleys on highways or streets. 10,754
A United States district court whose jurisdiction lies 10,757
within this state may keep a full record of every case in which a 10,758
person is charged with any violation of sections 4511.01 to 10,759
4511.771, 4511.99, and 4513.01 to 4513.36 of the Revised Code, or 10,760
of any other law or ordinance regulating the operation of 10,761
vehicles, streetcars, and trackless trolleys on highways or 10,762
streets located on federal property within this state. 10,763
(B) If a person is convicted of or forfeits bail in 10,765
246
relation to a violation of any section listed in division (A) of 10,766
this section or a violation of any other law or ordinance 10,767
regulating the operation of vehicles, streetcars, and trackless 10,768
trolleys on highways or streets, the county court judge, mayor of 10,769
a mayor's court, or clerk, within ten days after the conviction 10,770
or bail forfeiture, shall prepare and immediately forward to the 10,771
bureau of motor vehicles an abstract, certified by the preparer 10,772
to be true and correct, of the court record covering the case in 10,773
which the person was convicted or forfeited bail. 10,774
If a person is convicted of or forfeits bail in relation to 10,777
a violation of any section listed in division (A) of this section
or a violation of any other law or ordinance regulating the 10,778
operation of vehicles, streetcars, and trackless trolleys on 10,779
highways or streets, a United States district court whose 10,780
jurisdiction lies within this state, within ten days after the 10,781
conviction or bail forfeiture, may prepare and immediately 10,782
forward to the bureau an abstract, certified by the preparer to 10,783
be true and correct, of the court record covering the case in 10,784
which the person was convicted or forfeited bail. 10,785
(C)(1) Each abstract required by division (B) of this 10,787
section shall be made upon a form approved and furnished by the 10,788
bureau and shall include the name and address of the person 10,789
charged, the number of the person's driver's or commercial 10,790
driver's license, the registration number of the vehicle 10,791
involved, the nature of the offense, the date of the offense, the 10,792
date of hearing, the plea, the judgment, or whether bail was 10,793
forfeited, and the amount of the fine or forfeiture. 10,794
If a United States district court whose jurisdiction lies 10,797
within this state utilizes the provision contained in division 10,798
(B) of this section and forwards an abstract to the bureau, on a 10,799
form approved and furnished by the bureau, containing all the 10,800
information prescribed in division (C)(1) of this section, the 10,801
bureau shall accept and process the abstract in the same manner 10,802
as it accepts and processes an abstract received from a county 10,803
247
judge, mayor of a mayor's court, or clerk of a court of record. 10,804
(2)(a) If a person is charged with a violation of section 10,806
4511.19 of the Revised Code or a violation of any ordinance 10,807
relating to operating a vehicle while under the influence of 10,808
alcohol, a drug of abuse, or alcohol and a drug of abuse or 10,809
relating to operating a vehicle with a prohibited concentration 10,810
of alcohol in the blood, breath, or urine; if that charge is 10,811
dismissed or reduced; if the person is convicted of or forfeits 10,812
bail in relation to a violation of any other section of the 10,813
Revised Code or of any ordinance that regulates the operation of 10,814
vehicles, streetcars, and trackless trolleys on highways and 10,815
streets but that does not relate to operating a vehicle while 10,816
under the influence of alcohol, a drug of abuse, or alcohol and a 10,817
drug of abuse or to operating a vehicle with a prohibited 10,818
concentration of alcohol in the blood, breath, or urine; and if 10,819
the violation of which the person was convicted or in relation to 10,820
which the person forfeited bail arose out of the same facts and 10,821
circumstances and the same act as did the charge that was 10,822
dismissed or reduced, the abstract also shall set forth the 10,823
charge that was dismissed or reduced, indicate that it was 10,824
dismissed or reduced, and indicate that the violation resulting 10,825
in the conviction or bail forfeiture arose out of the same facts 10,826
and circumstances and the same act as did the charge that was 10,827
dismissed or reduced. 10,828
(b) If a charge against a person of a violation of 10,830
division (B)(1) or (D)(2) of section 4507.02 of the Revised Code 10,831
or any municipal ordinance that is substantially equivalent to 10,832
that division is dismissed or reduced and if the person is 10,833
convicted of or forfeits bail in relation to a violation of any 10,834
other section of the Revised Code or any other ordinance that 10,835
regulates the operation of vehicles, streetcars, and trackless 10,836
trolleys on highways and streets that arose out of the same facts 10,837
and circumstances as did the charge that was dismissed or 10,838
reduced, the abstract also shall set forth the charge that was 10,839
248
dismissed or reduced, indicate that it was dismissed or reduced, 10,840
and indicate that the violation resulting in the conviction or 10,841
bail forfeiture arose out of the same facts and circumstances and 10,842
the same act as did the charge that was dismissed or reduced. 10,843
(3) If a person was convicted of or pleaded guilty to a 10,845
violation of division (B)(1) or (D)(2) of section 4507.02 of the 10,846
Revised Code, a substantially equivalent municipal ordinance, 10,847
section 4507.33 or division (A) of section 4511.19 of the Revised 10,848
Code, or a municipal ordinance relating to operating a vehicle 10,850
while under the influence of alcohol, a drug of abuse, or alcohol 10,851
and a drug of abuse or with a prohibited concentration of alcohol 10,852
in the blood, breath, or urine, and division (E) of section 10,853
4503.234 of the Revised Code prohibits the registrar of motor 10,854
vehicles and all deputy registrars from accepting an application 10,856
for the registration of, or registering, any motor vehicle in the 10,857
name of that person, the abstract shall specifically set forth 10,858
these facts and clearly indicate the date on which the order of 10,859
criminal forfeiture was issued or would have been issued but for 10,860
the operation of division (C) of section 4503.234 or section 10,861
4503.235 of the Revised Code. If the registrar receives an 10,862
abstract containing this information relating to a person, the 10,863
registrar, in accordance with sections 4503.12 and 4503.234 of 10,864
the Revised Code, shall take all necessary measures to prevent 10,865
the registrar's office or any deputy registrar from accepting 10,867
from the person, for the period of time ending five years after 10,868
the date on which the order was issued or would have been issued 10,869
and as described in division (E) of section 4503.234 of the 10,870
Revised Code, any new application for the registration of any 10,871
motor vehicle in the name of the person. 10,872
(D)(1) Every court of record also shall forward to the 10,874
bureau an abstract of the court record as described in division 10,875
(C) of this section upon the conviction of any person of 10,876
aggravated vehicular homicide or vehicular homicide or of a 10,877
felony in the commission of which a vehicle was used. 10,878
249
A United States district court whose jurisdiction lies 10,881
within this state also may forward to the bureau an abstract as 10,882
described in division (C) of this section upon the conviction of 10,883
any person of aggravated vehicular homicide or vehicular homicide 10,884
or of a felony in the commission of which a vehicle was used. 10,885
(2)(a) If a child has been adjudicated an unruly or 10,887
delinquent child or a juvenile traffic offender for having 10,888
committed any act that if committed by an adult would be a drug 10,889
abuse offense, as defined in section 2925.01 of the Revised Code, 10,890
or any violation of division (B) of section 2917.11 or of section 10,891
4511.19 of the Revised Code, the court shall notify the bureau, 10,892
by means of an abstract of the court record as described in 10,893
divisions (B) and (C) of this section, within ten days after the 10,894
adjudication.
(b) If a court requires a child as provided in division 10,896
(D)(2)(a) of this section to attend a drug abuse or alcohol abuse 10,897
education, intervention, or treatment program, the abstract 10,898
required by that division and forwarded to the bureau also shall 10,899
include the name and address of the operator of the program and 10,900
the date that the child entered the program. If the child 10,901
satisfactorily completes the program, the court, immediately upon 10,903
receipt of such information, shall send to the bureau an updated
abstract that also shall contain the date on which the child 10,904
satisfactorily completed the program. 10,905
(E) The purposeful failure or refusal of the officer to 10,907
comply with this section constitutes misconduct in office and is 10,908
a ground for removal from the office. 10,909
(F) The bureau shall record within ten days and keep all 10,911
abstracts received under this section at its main office and 10,912
shall maintain records of convictions and bond forfeitures for 10,913
any violation of law or ordinance regulating the operation of 10,914
vehicles, streetcars, and trackless trolleys on highways and 10,915
streets, except as to parking a motor vehicle. The bureau also 10,916
shall record any abstract of a case involving a first violation 10,917
250
of division (D) of section 4511.21 of the Revised Code, whether 10,918
or not points are to be assessed therefor, in such a manner that 10,919
it becomes a part of the person's permanent record and assists a 10,920
court in monitoring the assessment of points under division (G) 10,921
of this section. 10,922
(G) Every court of record or mayor's court before which a 10,924
person is charged with a violation for which points are 10,925
chargeable by this section shall assess and transcribe to the 10,926
abstract of conviction report, furnished by the bureau, the 10,927
number of points chargeable by this section in the correct space 10,928
assigned on the reporting form. A United States district court 10,930
whose jurisdiction lies within this state and before whom a 10,931
person is charged with a violation for which points are 10,932
chargeable by this section may assess and transcribe to the 10,933
abstract of conviction report, furnished by the bureau, the 10,934
number of points chargeable by this section in the correct space 10,935
assigned on the reporting form. If the court so assesses and 10,936
transcribes to the abstract of conviction report the number of 10,937
points chargeable, the bureau shall record the points in the same 10,938
manner as those assessed and transcribed by every court of record 10,939
or mayor's court of this state. The points shall be assessed 10,940
based on the following formula: 10,941
(1) Violation of division (B), (C), or (D) of section 10,943
4507.02 of the Revised Code or any ordinance prohibiting the 10,944
operation of a motor vehicle while the driver's or commercial 10,945
driver's license is under suspension or revocation ..... 6 points 10,946
(2) Violation of section 2913.03 of the Revised Code, 10,948
except the provisions relating to use or operation of an aircraft 10,949
or motorboat, or any ordinance prohibiting the operation of a 10,950
vehicle without the consent of the owner ............... 6 points 10,951
(3) Aggravated vehicular homicide or, vehicular homicide, 10,953
VEHICULAR MANSLAUGHTER, AGGRAVATED VEHICULAR ASSAULT, OR 10,954
VEHICULAR ASSAULT, when either THE OFFENSE involves the operation 10,956
of a vehicle, streetcar, or trackless trolley on a highway or 10,958
251
street ................................................. 6 points
(4) Violation of division (A) of section 4511.19 of the 10,960
Revised Code, any ordinance prohibiting the operation of a 10,961
vehicle while under the influence of alcohol, a drug of abuse, or 10,962
alcohol and a drug of abuse, or any ordinance substantially 10,963
equivalent to division (A) of section 4511.19 of the Revised Code 10,964
prohibiting the operation of a vehicle with a prohibited 10,965
concentration of alcohol in the blood, breath, or urine 10,966
........................................................ 6 points 10,968
(5) Violation of section 4549.02 or 4549.021 of the 10,970
Revised Code or any ordinance requiring the driver of a vehicle 10,971
to stop and disclose identity at the scene of an accident 10,972
........................................................ 6 points 10,974
(6) Violation of section 2921.331 of the Revised Code or 10,976
any ordinance prohibiting the willful fleeing or eluding of a 10,977
police officer ......................................... 6 points 10,978
(7) Any crime punishable as a felony under the motor 10,980
vehicle laws of this state, or any other felony in the commission 10,981
of which a motor vehicle was used ...................... 6 points 10,982
(8) Operating a motor vehicle in violation of a 10,984
restriction imposed by a registrar ..................... 2 points 10,985
(9) Violation of section 4511.251 of the Revised Code or 10,987
any ordinance prohibiting street racing ................ 6 points 10,988
(10) Violation of section 4511.20 of the Revised Code or 10,990
any ordinance prohibiting the operation of a motor vehicle in 10,991
willful or wanton disregard of the safety of persons or property 10,993
........................................................ 4 points 10,993
(11) Violation of division (B) of section 4511.19 of the 10,995
Revised Code or any ordinance substantially equivalent to that 10,996
division prohibiting the operation of a vehicle with a prohibited 10,997
concentration of alcohol in the blood, breath, or urine 10,998
........................................................ 4 points 11,000
(12) Violation of any law or ordinance pertaining to 11,002
speed, except as otherwise provided in this section and in 11,003
252
division (G) of section 4511.21 of the Revised Code .... 2 points 11,004
(13) Upon a first violation of a limitation under division 11,006
(D) of section 4511.21 of the Revised Code at a speed in excess 11,007
of seventy-five miles per hour ......................... 2 points 11,008
(14) Upon a second violation within one year of the first 11,010
violation of a limitation under division (D) of section 4511.21 11,011
of the Revised Code, for each increment of five miles per hour in 11,012
excess of the posted speed limit, exclusive of the first five 11,013
miles per hour over the limitation ...................... 1 point 11,014
(15) Upon a third or subsequent violation within one year 11,016
of the first violation of a limitation under division (D) of 11,017
section 4511.21 of the Revised Code, for each increment of five 11,018
miles per hour in excess of the posted speed limit, exclusive of 11,019
the first five miles per hour over the limitation ...... 2 points 11,020
(16) All other moving violations pertaining to the 11,022
operation of motor vehicles reported under this section, except 11,023
any violations of section 4513.263 of the Revised Code or any 11,024
substantively comparable ordinance, or violations under Chapter 11,025
5577. of the Revised Code .............................. 2 points 11,026
(H) Upon receiving notification from the proper court, 11,028
including a United States district court whose jurisdiction lies 11,029
within this state, the bureau shall delete any points entered for 11,030
bond forfeiture in the event the driver is acquitted of the 11,031
offense for which bond was posted. 11,032
(I) In the event a person is convicted of, or forfeits 11,034
bail for two or more offenses, arising out of the same facts, and 11,035
points are chargeable for each of the offenses, points shall be 11,036
charged for only the conviction or bond forfeiture for which the 11,037
greater number of points is chargeable, and if the number of 11,038
points chargeable for each offense is equal, only one offense 11,039
shall be recorded and points charged therefor. 11,040
(J) Whenever the points charged against any person exceed 11,042
five, the registrar shall forward to the person at the person's 11,043
last known address, via regular mail, a warning letter listing 11,044
253
the reported violations, along with the number of points charged 11,045
for each, and outlining the suspension provision of this section. 11,046
(K) When, upon determination of the registrar, any person 11,048
has charged against the person a total of not less than twelve 11,049
points within a period of two years from the date of the first 11,050
conviction within the two-year period, the registrar shall send 11,051
written notification to the person at the person's last known 11,052
address, that the person's driver's or commercial driver's 11,053
license shall be suspended for six months, effective on the 11,054
twentieth day after mailing the notice, unless the person files a 11,055
petition in the municipal court or the county court, or in case 11,056
such person is under the age of eighteen years, in the juvenile 11,057
court, in whose jurisdiction such person resides, or in the case 11,059
of a nonresident, in the Franklin county municipal court. By 11,060
filing an appeal the person is agreeing to pay the cost of the 11,061
proceedings and is alleging that the person can show cause why 11,062
the person's driving privileges should not be suspended for a 11,064
period of six months.
(L) Any person who has charged against the person more 11,066
than five but not more than eleven points, for the purpose of 11,067
obtaining a credit of two points against the total amount of 11,068
points on the person's driving record, may enroll for one time 11,069
only in a course of remedial driving instruction, as approved by 11,071
the director of public safety. Such a credit, subject to 11,072
successful completion of an approved remedial driving course 11,073
taken at a time when more than five but not more than eleven
points are charged against the person, shall be approved by the 11,074
registrar.
(M) When the driving privileges of any person are 11,076
suspended by any trial judge of any court of record pursuant to 11,077
section 4507.16 of the Revised Code, and points are charged 11,078
against the person under this section for the offense which 11,079
resulted in the suspension, that period of suspension shall be 11,080
credited against the time of any subsequent suspension under this 11,081
254
section for which the points were considered in making the 11,082
subsequent suspension. 11,083
When the driving privileges of a person are suspended 11,085
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988), 11,086
18 U.S.C.A. 13, as amended, by a United States district court 11,087
whose jurisdiction lies within this state and the court utilizes 11,088
the provision contained in division (B) of this section, and 11,089
points are charged against the person under this section for the 11,090
offense that resulted in the suspension, the period of suspension 11,092
imposed by the district court shall be credited against the time 11,093
of any subsequent suspension imposed under this section for which 11,094
the points were considered in making the subsequent suspension. 11,095
(N) The registrar, upon written request of a licensee 11,098
petitioning under division (K) of this section, shall furnish the 11,099
licensee a copy of the registrar's record of the convictions and 11,100
bond forfeitures of the person certified by the registrar. This 11,101
record shall include the name, address, and birthdate of the
person so charged; the number of the person's driver's or 11,102
commercial driver's license; the name of the court in which each 11,104
conviction or bail forfeiture took place; the nature of the 11,105
offense; the date of hearing; the number of points charged 11,106
against each conviction or bail forfeiture; and such other 11,107
information as the registrar considers necessary. When the 11,108
record includes not less than twelve points charged against the 11,110
person within a two-year period, it is prima-facie evidence that 11,111
the person is a repeat traffic offender and the person's driving 11,112
privilege shall be suspended as provided in this section. 11,114
In hearing the matter and determining whether the person 11,116
has shown cause why the person's driving privileges should not be 11,117
suspended, the court shall decide the issue upon the record 11,118
certified by the registrar and such additional relevant, 11,119
competent, and material evidence as either the registrar or the 11,120
person whose license is sought to be suspended submits. 11,121
In such proceedings, the registrar shall be represented by 11,123
255
the prosecuting attorney of the county in which the person 11,124
resides if the petition is filed in the county court, except 11,125
where the petitioner is a resident of a city or village within 11,126
the jurisdiction of a county court in which case the city 11,127
director of law or village solicitor shall represent the 11,128
registrar. If the petition is filed in the municipal court, the 11,129
registrar shall be represented as provided in section 1901.34 of 11,130
the Revised Code. 11,131
If the court finds from the evidence submitted that the 11,133
person has failed to show cause why the person's driving 11,134
privileges should not be suspended, then the court shall assess 11,136
the cost of the proceeding against the person and shall impose 11,137
the suspension provided in division (K) of this section or 11,138
withhold the suspension, or part thereof, and provide such 11,139
conditions or probation as the court deems proper. If the court 11,140
finds that the person has shown cause why the person's driving 11,141
privileges should not be suspended, the cost of the proceedings 11,143
shall be paid out of the county treasury of the county in which 11,144
the proceedings were held.
Any person whose license is suspended under this section is 11,146
not entitled to apply for or receive a new license during the 11,147
effective period of the suspension. 11,148
Upon termination of any suspension or other penalty imposed 11,150
under this section involving surrender of a license or permit and 11,151
upon request of the person whose license or permit was so 11,152
suspended or surrendered, the registrar shall return the license 11,153
or permit to the person upon determining that all provisions of 11,154
section 4507.022 of the Revised Code have been met or shall 11,155
reissue the person's license or permit under section 4507.54 of 11,156
the Revised Code, if the registrar destroyed the license or 11,157
permit under that section.
Any person whose license, permit, or privilege to operate a 11,159
motor vehicle has been suspended as a repeat traffic offender 11,160
under this section and who, during such suspension, drives any 11,161
256
motor vehicle upon any highway is guilty of a misdemeanor of the 11,162
first degree, and no court shall suspend the first three days of 11,163
any such sentence. 11,164
(O) The privilege of driving a motor vehicle on the 11,166
highways or streets of this state, given to nonresidents under 11,167
section 4507.04 of the Revised Code, is subject to suspension by 11,169
the registrar.
Sec. 4507.16. (A)(1) The trial judge of any court of 11,178
record, in addition to or independent of all other penalties 11,179
provided by law or by ordinance, shall suspend for not less than 11,180
thirty days or more than three years or shall revoke the driver's 11,181
or commercial driver's license or permit or nonresident operating 11,183
privilege of any person who is convicted of or pleads guilty to 11,184
any of the following: 11,185
(a) Perjury or the making of a false affidavit under this 11,187
chapter, or any other law of this state requiring the 11,188
registration of motor vehicles or regulating their operation on 11,189
the highway; 11,190
(b) Any crime punishable as a felony under the motor 11,192
vehicle laws of this state or any other felony in the commission 11,193
of which a motor vehicle is used; 11,194
(c) Failing to stop and disclose identity at the scene of 11,196
the accident when required by law or ordinance to do so; 11,197
(d) Street racing as defined in section 4511.251 of the 11,200
Revised Code or any substantially similar municipal ordinance; 11,201
(e) Willfully eluding or fleeing a police officer; 11,203
(f) Trafficking in cigarettes with the intent to avoid 11,205
payment of the cigarette tax under division (A) of section 11,206
5743.112 of the Revised Code; 11,207
(g) A (2) SUBJECT TO DIVISION (D)(1) OF THIS SECTION, THE 11,210
TRIAL JUDGE OF ANY COURT OF RECORD, IN ADDITION TO OR INDEPENDENT
OF ALL OTHER PENALTIES PROVIDED BY LAW OR BY ORDINANCE, SHALL 11,211
SUSPEND THE DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR PERMIT OR 11,212
NONRESIDENT OPERATING PRIVILEGE OF ANY PERSON WHO IS CONVICTED OF 11,214
257
OR PLEADS GUILTY TO A violation of section 2903.06, 2903.07, or 11,215
2903.08 of the Revised Code or a municipal ordinance 11,216
substantially similar to section 2903.07 of the Revised Code, 11,217
unless the jury or judge as trier of fact in the case finds that 11,218
the offender was under the influence of alcohol, a drug of abuse, 11,219
or alcohol and a drug of abuse at the time of the commission of 11,220
the offense. THE SUSPENSION SHALL BE FOR THE PERIOD OF TIME 11,221
SPECIFIED IN SECTION 2903.06 OR 2903.08 OF THE REVISED CODE,
WHICHEVER IS APPLICABLE. 11,222
(3) If a person is convicted of or pleads guilty to a 11,224
violation of section 2907.24 of the Revised Code, an attempt to 11,226
commit a violation of that section, or a violation of or an 11,227
attempt to commit a violation of a municipal ordinance that is 11,228
substantially equivalent to that section and if the person, in 11,229
committing or attempting to commit the violation, was in, was on,
or used a motor vehicle, the trial judge of a court of record, in 11,230
addition to or independent of all other penalties provided by law 11,231
or ordinance, shall suspend for thirty days the person's driver's 11,232
or commercial driver's license or permit. 11,233
The trial judge of any court of record, in addition to 11,235
suspensions or revocations of licenses, permits, or privileges 11,236
pursuant to this division and in addition to or independent of 11,237
all other penalties provided by law or by ordinance, shall impose 11,238
a suspended jail sentence not to exceed six months, if 11,239
imprisonment was not imposed for the offense for which the person 11,240
was convicted. 11,241
(2)(4) If the trial judge of any court of record suspends 11,244
or revokes the driver's or commercial driver's license or permit
or nonresident operating privilege of a person who is convicted 11,245
of or pleads guilty to any offense for which such suspension or 11,246
revocation is provided by law or ordinance, in addition to all 11,247
other penalties provided by law or ordinance, the judge may issue 11,248
an order prohibiting the offender from registering, renewing, or 11,249
transferring the registration of any vehicle during the period 11,250
258
that the offender's license, permit, or privilege is suspended or
revoked. The court promptly shall send a copy of the order to 11,251
the registrar of motor vehicles. 11,252
Upon receipt of such an order, neither the registrar nor 11,254
any deputy registrar shall accept any application for the 11,255
registration, registration renewal, or transfer of registration 11,256
of any motor vehicle owned or leased by the person named in the 11,257
order during the period that the person's license, permit, or 11,258
privilege is suspended or revoked, unless the registrar is
properly notified by the court that the order of suspension or 11,259
revocation has been canceled. When the period of suspension or 11,260
revocation expires or the order is canceled, the registrar or 11,261
deputy registrar shall accept the application for registration, 11,262
registration renewal, or transfer of registration of the person
named in the order. 11,263
(B) Except as otherwise provided in this section, the 11,265
trial judge of any court of record and the mayor of a mayor's 11,266
court, in addition to or independent of all other penalties 11,267
provided by law or by ordinance, shall revoke the driver's or 11,268
commercial driver's license or permit or nonresident operating 11,269
privilege of any person who is convicted of or pleads guilty to a 11,270
violation of division (A) of section 4511.19 of the Revised Code, 11,271
of a municipal ordinance relating to operating a vehicle while 11,272
under the influence of alcohol, a drug of abuse, or alcohol and a 11,273
drug of abuse, or of a municipal ordinance that is substantially 11,274
equivalent to division (A) of section 4511.19 of the Revised Code 11,275
relating to operating a vehicle with a prohibited concentration 11,276
of alcohol in the blood, breath, or urine or suspend the license, 11,277
permit, or privilege as follows: 11,278
(1) Except when division (B)(2), (3), or (4) of this 11,280
section applies and the judge or mayor is required to suspend or 11,281
revoke the offender's license or permit pursuant to that 11,282
division, the judge or mayor shall suspend the offender's 11,283
driver's or commercial driver's license or permit or nonresident 11,284
259
operating privilege for not less than six months nor more than 11,285
three years. 11,286
(2) Subject to division (B)(4) of this section, if, within 11,288
six years of the offense, the offender has been convicted of or 11,290
pleaded guilty to one violation of division (A) or (B) of section 11,291
4511.19 of the Revised Code, a municipal ordinance relating to 11,292
operating a vehicle while under the influence of alcohol, a drug 11,293
of abuse, or alcohol and a drug of abuse, a municipal ordinance 11,294
relating to operating a motor vehicle with a prohibited 11,295
concentration of alcohol in the blood, breath, or urine, section 11,296
2903.04 of the Revised Code in a case in which the offender was 11,297
subject to the sanctions described in division (D) of that 11,298
section, section 2903.06, 2903.07, or 2903.08 of the Revised 11,299
Code, FORMER SECTION 2903.07 OF THE REVISED CODE, or a municipal 11,300
ordinance that is substantially similar to FORMER section 2903.07 11,301
of the Revised Code in a case in which the jury or judge found 11,303
that the offender was under the influence of alcohol, a drug of 11,304
abuse, or alcohol and a drug of abuse, or a statute of the United 11,305
States or of any other state or a municipal ordinance of a 11,306
municipal corporation located in any other state that is 11,307
substantially similar to division (A) or (B) of section 4511.19 11,308
of the Revised Code, the judge shall suspend the offender's 11,309
driver's or commercial driver's license or permit or nonresident 11,310
operating privilege for not less than one year nor more than five 11,311
years.
(3) Subject to division (B)(4) of this section, if, within 11,313
six years of the offense, the offender has been convicted of or 11,314
pleaded guilty to two violations described in division (B)(2) of 11,315
this section, or a statute of the United States or of any other 11,316
state or a municipal ordinance of a municipal corporation located 11,318
in any other state that is substantially similar to division (A) 11,319
or (B) of section 4511.19 of the Revised Code, the judge shall 11,320
suspend the offender's driver's or commercial driver's license or 11,321
permit or nonresident operating privilege for not less than one 11,322
260
year nor more than ten years.
(4) If, within six years of the offense, the offender has 11,324
been convicted of or pleaded guilty to three or more violations 11,325
described in division (B)(2) of this section, a statute of the 11,327
United States or of any other state or a municipal ordinance of a 11,328
municipal corporation located in any other state that is 11,329
substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, or if the offender previously has been 11,331
convicted of or pleaded guilty to a violation of division (A) of 11,332
section 4511.19 of the Revised Code under circumstances in which 11,333
the violation was a felony and regardless of when the violation 11,334
and the conviction or guilty plea occurred, the judge shall
suspend the offender's driver's or commercial driver's license or 11,336
permit or nonresident operating privilege for a period of time 11,337
set by the court but not less than three years, and the judge may 11,338
permanently revoke the offender's driver's or commercial driver's 11,339
license or permit or nonresident operating privilege. 11,340
(5) The filing of an appeal by a person whose driver's or 11,342
commercial driver's license is suspended or revoked under 11,343
division (B)(1), (2), (3), or (4) of this section regarding any 11,344
aspect of the person's trial or sentence does not stay the 11,345
operation of the suspension or revocation. 11,347
(C) The trial judge of any court of record or the mayor of 11,349
a mayor's court, in addition to or independent of all other 11,350
penalties provided by law or by ordinance, may suspend the 11,351
driver's or commercial driver's license or permit or nonresident 11,352
operating privilege of any person who violates a requirement or 11,353
prohibition of the court imposed under division (F) of this 11,354
section or division (G)(1) of section 2951.02 of the Revised Code 11,356
as follows:
(1) For not more than one year, upon conviction for a 11,358
first violation of the requirement or prohibition; 11,359
(2) For not more than five years, upon conviction for a 11,361
second or subsequent violation of the requirement or prohibition 11,362
261
during the same period of required use of an ignition interlock 11,363
device that is certified pursuant to section 4511.83 of the 11,364
Revised Code. 11,365
(D)(1) The trial judge of any court of record, in addition 11,367
to or independent of all other penalties provided by law or by 11,368
ordinance, shall permanently revoke the driver's or commercial 11,369
driver's license or permit or nonresident operating privilege of 11,370
any person who is convicted of or pleads guilty to a violation of 11,371
section 2903.04 OR 2903.06 of the Revised Code in a case in which 11,373
the offender is subject to the sanctions described in division 11,374
(D) of that section, or of any person who is convicted of or 11,375
pleads guilty to a violation of 2903.04 OR DIVISION (B) OF 11,377
section 2903.06, 2903.07, or 2903.08 of the Revised Code or of a 11,378
municipal ordinance that is substantially similar to section 11,379
2903.07 of the Revised Code if the jury or judge as trier of fact 11,380
in the case in which the person is convicted finds that the 11,381
offender was under the influence of alcohol, a drug of abuse, or 11,382
alcohol and a drug of abuse, at the time of the commission of the 11,383
offense REQUIRES THE JUDGE TO PERMANENTLY REVOKE THE LICENSE, 11,384
PERMIT, OR PRIVILEGE.
(2) In addition to any prison term authorized or required 11,386
by the section that establishes the offense and sections 2929.13 11,388
and 2929.14 of the Revised Code, and in addition to any other 11,389
sanction imposed for the offense under the section that 11,390
establishes the offense or sections 2929.11 to 2929.182 of the 11,391
Revised Code, the court that sentences an offender who is 11,392
convicted of or pleads guilty to a violation of section 2925.02, 11,393
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 11,394
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37
of the Revised Code either shall revoke or, if it does not 11,398
revoke, shall suspend for not less than six months or more than 11,399
five years, as specified in the section that establishes the 11,400
offense, the person's driver's or commercial driver's license or 11,402
permit. If the person's driver's or commercial driver's license 11,403
262
or permit is under suspension on the date the court imposes 11,404
sentence upon the person, any revocation imposed upon the person 11,405
that is referred to in division (D)(2) of this section shall take 11,407
effect immediately. If the person's driver's or commercial 11,408
driver's license or permit is under suspension on the date the 11,409
court imposes sentence upon the person, any period of suspension 11,410
imposed upon the person that is referred to in division (D)(2) of 11,411
this section shall take effect on the next day immediately 11,412
following the end of that period of suspension. If the person is 11,413
sixteen years of age or older and is a resident of this state but 11,414
does not have a current, valid Ohio driver's or commercial 11,415
driver's license or permit, the court shall order the registrar 11,416
to deny to the person the issuance of a driver's or commercial 11,417
driver's license or permit for six months beginning on the date 11,418
the court imposes a sentence upon the person. If the person has 11,419
not attained the age of sixteen years on the date the court 11,420
sentences the person for the violation, the period of denial 11,421
shall commence on the date the person attains the age of sixteen 11,423
years.
(E) Except as otherwise provided in this section, the 11,425
trial judge of any court of record and the mayor of a mayor's 11,426
court, in addition to or independent of all other penalties 11,427
provided by law or ordinance, shall suspend for not less than 11,428
sixty days nor more than two years the driver's or commercial 11,429
driver's license or permit or nonresident operating privilege of 11,430
any person who is convicted of or pleads guilty to a violation of 11,431
division (B) of section 4511.19 of the Revised Code or of a 11,432
municipal ordinance substantially equivalent to that division 11,433
relating to operating a vehicle with a prohibited concentration 11,434
of alcohol in the blood, breath, or urine. 11,435
(F) If (1) A PERSON IS NOT ENTITLED TO REQUEST, AND A 11,438
JUDGE OR MAYOR SHALL NOT GRANT TO THE PERSON, OCCUPATIONAL 11,439
DRIVING PRIVILEGES UNDER DIVISION (F) OF THIS SECTION IF a 11,441
person's driver's or commercial driver's license or permit or 11,442
263
nonresident operating privilege has been suspended pursuant to 11,443
division (B) or (C) of this section or pursuant to division (F) 11,444
of section 4511.191 of the Revised Code, and the person, within 11,445
the preceding seven years, has been convicted of or pleaded 11,446
guilty to three or more violations of division ONE OR MORE OF THE 11,447
FOLLOWING:
(a) DIVISION (A) or (B) of section 4511.19 of the Revised 11,450
Code, a;
(b) A municipal ordinance relating to operating a vehicle 11,453
while under the influence of alcohol, a drug of abuse, or alcohol 11,454
and a drug of abuse, a;
(c) A municipal ordinance relating to operating a vehicle 11,457
with a prohibited concentration of alcohol in the blood, breath, 11,458
or urine, section; 11,459
(d) SECTION 2903.04 of the Revised Code in a case in which 11,461
the person was subject to the sanctions described in division (D) 11,462
of that section,; 11,463
(e) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 11,466
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 11,467
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 11,468
(f) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 11,471
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 11,472
2903.07 of the Revised Code, or a municipal ordinance that is 11,473
substantially similar to section 2903.07 of the Revised Code ANY 11,474
OF THOSE DIVISIONS OR THAT FORMER SECTION, in a case in which the 11,477
jury or judge found that the person was under the influence of 11,478
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a; 11,479
(g) A statute of the United States or of any other state 11,481
or a municipal ordinance of a municipal corporation located in 11,482
any other state that is substantially similar to division (A) or 11,483
(B) of section 4511.19 of the Revised Code, the person is not 11,485
entitled to request, and the judge or mayor shall not grant to 11,486
the person, occupational driving privileges under this division. 11,487
Any.
264
(2) ANY other person WHO IS NOT DESCRIBED IN DIVISION 11,490
(F)(1) OF THIS SECTION AND whose driver's or commercial driver's 11,491
license or nonresident operating privilege has been suspended 11,492
under any of those divisions may file a petition that alleges 11,493
that the suspension would seriously affect the person's ability 11,494
to continue the person's employment. The petition of a person 11,495
whose license, permit, or privilege was suspended pursuant to 11,496
division (F) of section 4511.191 of the Revised Code shall be 11,497
filed in the court specified in division (I)(4) of that section, 11,498
and the petition of a person whose license, permit, or privilege 11,499
was suspended under division (B) or (C) of this section shall be 11,500
filed in the municipal, county, mayor's, or in the case of a 11,501
minor, juvenile court that has jurisdiction over the place of 11,502
arrest. Upon satisfactory proof that there is reasonable cause 11,503
to believe that the suspension would seriously affect the 11,504
person's ability to continue the person's employment, the judge 11,506
of the court or mayor of the mayor's court may grant the person 11,507
occupational driving privileges during the period during which 11,508
the suspension otherwise would be imposed, except that the judge 11,509
or mayor shall not grant occupational driving privileges to any 11,510
person who, within seven years of the filing of the petition, has 11,511
been convicted of or pleaded guilty to three or more violations 11,512
of division (A) or (B) of section 4511.19 of the Revised Code, a 11,513
municipal ordinance relating to operating a vehicle while under 11,514
the influence of alcohol, a drug of abuse, or alcohol and a drug 11,515
of abuse, a municipal ordinance relating to operating a vehicle 11,516
with a prohibited concentration of alcohol in the blood, breath, 11,517
or urine, section 2903.04 of the Revised Code in a case in which 11,518
the person was subject to the sanctions described in division (D) 11,519
of that section, section 2903.06, 2903.07, or 2903.08 of the 11,520
Revised Code or a municipal ordinance that is substantially 11,521
similar to section 2903.07 of the Revised Code in a case in which 11,522
the jury or judge found that the person was under the influence 11,523
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 11,525
265
statute of the United States or of any other state or a municipal 11,526
ordinance of a municipal corporation located in any other state 11,527
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, shall not grant occupational driving 11,529
privileges for employment as a driver of commercial motor 11,530
vehicles to any person who is disqualified from operating a 11,531
commercial motor vehicle under section 2301.374 or 4506.16 of the 11,532
Revised Code, and shall not grant occupational driving privileges 11,533
during any of the following periods of time: 11,534
(1)(a) The first fifteen days of suspension imposed upon 11,536
an offender whose license, permit, or privilege is suspended 11,537
pursuant to division (B)(1) of this section or division (F)(1) of 11,538
section 4511.191 of the Revised Code. On or after the sixteenth 11,539
day of suspension, the court may grant the offender occupational 11,540
driving privileges, but the court may provide that the offender 11,541
shall not exercise the occupational driving privileges unless the 11,543
vehicles the offender operates are equipped with ignition 11,544
interlock devices. 11,545
(2)(b) The first thirty days of suspension imposed upon an 11,547
offender whose license, permit, or privilege is suspended 11,548
pursuant to division (B)(2) of this section or division (F)(2) of 11,549
section 4511.191 of the Revised Code. On or after the 11,550
thirty-first day of suspension, the court may grant the offender 11,551
occupational driving privileges, but the court may provide that 11,552
the offender shall not exercise the occupational driving 11,553
privileges unless the vehicles the offender operates are equipped 11,555
with ignition interlock devices.
(3)(c) The first one hundred eighty days of suspension 11,557
imposed upon an offender whose license, permit, or privilege is 11,558
suspended pursuant to division (B)(3) of this section or division 11,559
(F)(3) of section 4511.191 of the Revised Code. The judge may 11,560
grant occupational driving privileges to an offender who receives 11,561
a suspension under either of those divisions on or after the one 11,563
hundred eighty-first day of the suspension only if division (F) 11,564
266
of this section does not prohibit the judge from granting the 11,565
privileges and only if the judge, at the time of granting the 11,566
privileges, also issues an order prohibiting the offender, while 11,568
exercising the occupational driving privileges during the period 11,569
commencing with the one hundred eighty-first day of suspension 11,570
and ending with the first year of suspension, from operating any 11,571
motor vehicle unless it is equipped with a certified ignition 11,572
interlock device. After the first year of the suspension, the 11,573
court may authorize the offender to continue exercising the 11,574
occupational driving privileges in vehicles that are not equipped 11,575
with ignition interlock devices. If the offender does not 11,576
petition for occupational driving privileges until after the 11,577
first year of suspension and if division (F) of this section does 11,578
not prohibit the judge from granting the privileges, the judge 11,579
may grant the offender occupational driving privileges without 11,580
requiring the use of a certified ignition interlock device. 11,581
(4)(d) The first three years of suspension imposed upon an 11,583
offender whose license, permit, or privilege is suspended 11,584
pursuant to division (B)(4) of this section or division (F)(4) of 11,585
section 4511.191 of the Revised Code. The judge may grant 11,586
occupational driving privileges to an offender who receives a 11,587
suspension under either of those divisions after the first three 11,589
years of suspension only if division (F) of this section does not 11,590
prohibit the judge from granting the privileges and only if the 11,591
judge, at the time of granting the privileges, also issues an 11,592
order prohibiting the offender from operating any motor vehicle, 11,593
for the period of suspension following the first three years of 11,594
suspension, unless the motor vehicle is equipped with a certified 11,595
ignition interlock device. 11,596
(G) If a person's driver's or commercial driver's license 11,598
or permit or nonresident operating privilege has been suspended 11,599
under division (E) of this section, and the person, within the 11,600
preceding seven years, has been convicted of or pleaded guilty to 11,601
three or more violations of IDENTIFIED IN division (A) or (B) 11,603
267
(F)(1) of THIS section 4511.19 of the Revised Code, a municipal 11,604
ordinance relating to operating a vehicle while under the 11,605
influence of alcohol, a drug of abuse, or alcohol and a drug of 11,606
abuse, a municipal ordinance relating to operating a vehicle with 11,607
a prohibited concentration of alcohol in the blood, breath, or 11,608
urine, section 2903.04 of the Revised Code in a case in which the 11,609
person was subject to the sanctions described in division (D) of 11,610
that section, section 2903.06, 2903.07, or 2903.08 of the Revised 11,611
Code or a municipal ordinance that is substantially similar to 11,612
section 2903.07 of the Revised Code in a case in which the jury 11,613
or judge found that the person was under the influence of 11,614
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 11,615
statute of the United States or of any other state or a municipal 11,616
ordinance of a municipal corporation located in any other state 11,618
that is substantially similar to division (A) or (B) of section 11,619
4511.19 of the Revised Code, the person is not entitled to 11,620
request, and the judge or mayor shall not grant to the person, 11,621
occupational driving privileges under this division. Any other 11,622
person whose driver's or commercial driver's license or 11,623
nonresident operating privilege has been suspended under division 11,624
(E) of this section may file a petition that alleges that the 11,626
suspension would seriously affect the person's ability to 11,627
continue the person's employment. The petition shall be filed in 11,628
the municipal, county, or mayor's court that has jurisdiction 11,629
over the place of arrest. Upon satisfactory proof that there is 11,630
reasonable cause to believe that the suspension would seriously 11,631
affect the person's ability to continue the person's employment, 11,633
the judge of the court or mayor of the mayor's court may grant 11,634
the person occupational driving privileges during the period 11,635
during which the suspension otherwise would be imposed, except 11,636
that the judge or mayor shall not grant occupational driving 11,637
privileges to any person who, within seven years of the filing of 11,638
the petition, has been convicted of or pleaded guilty to three or 11,639
more violations of division (A) or (B) of section 4511.19 of the 11,640
268
Revised Code, a municipal ordinance relating to operating a 11,641
vehicle while under the influence of alcohol, a drug of abuse, or 11,642
alcohol and a drug of abuse, a municipal ordinance relating to 11,643
operating a vehicle with a prohibited concentration of alcohol in 11,644
the blood, breath, or urine, section 2903.04 of the Revised Code 11,645
in a case in which the person was subject to the sanctions 11,646
described in division (D) of that section, section 2903.06, 11,647
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 11,648
that is substantially similar to section 2903.07 of the Revised 11,649
Code in a case in which the jury or judge found that the person 11,650
was under the influence of alcohol, a drug of abuse, or alcohol 11,651
and a drug of abuse, or a statute of the United States or of any 11,652
other state or a municipal ordinance of a municipal corporation 11,654
located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code, shall 11,656
not grant occupational driving privileges for employment as a 11,657
driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under 11,658
section 4506.16 of the Revised Code, and shall not grant 11,659
occupational driving privileges during the first sixty days of 11,660
suspension imposed upon an offender whose driver's or commercial 11,661
driver's license or permit or nonresident operating privilege is 11,662
suspended pursuant to division (E) of this section. 11,663
(H)(1) After a driver's or commercial driver's license or 11,665
permit has been suspended or revoked pursuant to this section, 11,667
the judge of the court or mayor of the mayor's court that 11,668
suspended or revoked the license or permit shall cause the 11,669
offender to deliver the license or permit to the court. The 11,670
judge, mayor, or clerk of the court or mayor's court, if the 11,671
license or permit has been suspended or revoked in connection 11,672
with any of the offenses listed in this section, forthwith shall 11,673
forward it to the registrar with notice of the action of the 11,675
court.
(2) Suspension of a commercial driver's license under this 11,677
269
section shall be concurrent with any period of disqualification 11,678
under section 2301.374 or 4506.16 of the Revised Code. No person 11,679
who is disqualified for life from holding a commercial driver's 11,680
license under section 4506.16 of the Revised Code shall be issued 11,681
a driver's license under this chapter during the period for which 11,682
the commercial driver's license was suspended under this section, 11,683
and no person whose commercial driver's license is suspended 11,684
under this section shall be issued a driver's license under this 11,685
chapter during the period of the suspension. 11,686
(I) No judge shall suspend the first thirty days of 11,688
suspension of a driver's or commercial driver's license or permit 11,690
or a nonresident operating privilege required under division (A) 11,691
of this section, no judge or mayor shall suspend the first six 11,692
months of suspension required under division (B)(1) of this 11,693
section, no judge shall suspend the first year of suspension 11,694
required under division (B)(2) of this section, no judge shall 11,695
suspend the first year of suspension required under division 11,696
(B)(3) of this section, no judge shall suspend the first three 11,697
years of suspension required under division (B)(4) of this 11,698
section, no judge or mayor shall suspend the revocation required 11,699
by division (D) of this section, and no judge or mayor shall 11,700
suspend the first sixty days of suspension required under 11,701
division (E) of this section, except that the court shall credit 11,702
any period of suspension imposed pursuant to section 4511.191 or 11,703
4511.196 of the Revised Code against any time of suspension 11,704
imposed pursuant to division (B) or (E) of this section as 11,705
described in division (J) of this section.
(J) The judge of the court or mayor of the mayor's court 11,707
shall credit any time during which an offender was subject to an 11,708
administrative suspension of the offender's driver's or 11,709
commercial driver's license or permit or nonresident operating 11,711
privilege imposed pursuant to division (E) or (F) of section 11,712
4511.191 or a suspension imposed by a judge, referee, or mayor 11,713
pursuant to division (B)(1) or (2) of section 4511.196 of the 11,714
270
Revised Code against the time to be served under a related 11,715
suspension imposed pursuant to this section. 11,716
(K) The judge or mayor shall notify the bureau of any 11,718
determinations made, and of any suspensions or revocations 11,719
imposed, pursuant to division (B) of this section. 11,720
(L)(1) If a court issues an ignition interlock order under 11,722
division (F) of this section, the order shall authorize the 11,723
offender during the specified period to operate a motor vehicle 11,724
only if it is equipped with a certified ignition interlock 11,725
device. The court shall provide the offender with a copy of an 11,726
ignition interlock order issued under division (F) of this 11,727
section, and the copy of the order shall be used by the offender 11,728
in lieu of an Ohio driver's or commercial driver's license or 11,729
permit until the registrar or a deputy registrar issues the 11,730
offender a restricted license. 11,731
An order issued under division (F) of this section does not 11,733
authorize or permit the offender to whom it has been issued to 11,734
operate a vehicle during any time that the offender's driver's or 11,735
commercial driver's license or permit is suspended or revoked 11,736
under any other provision of law. 11,737
(2) The offender may present the ignition interlock order 11,739
to the registrar or to a deputy registrar. Upon presentation of 11,740
the order to the registrar or a deputy registrar, the registrar 11,741
or deputy registrar shall issue the offender a restricted 11,742
license. A restricted license issued under this division shall 11,743
be identical to an Ohio driver's license, except that it shall 11,744
have printed on its face a statement that the offender is 11,745
prohibited during the period specified in the court order from 11,746
operating any motor vehicle that is not equipped with a certified 11,747
ignition interlock device, and except that the date of 11,748
commencement and the date of termination of the period shall be 11,749
indicated conspicuously upon the face of the license. 11,750
(3) As used in this section: 11,752
(a) "Ignition interlock device" has the same meaning as in 11,754
271
section 4511.83 of the Revised Code. 11,755
(b) "Certified ignition interlock device" means an 11,757
ignition interlock device that is certified pursuant to section 11,758
4511.83 of the Revised Code. 11,759
Sec. 4507.162. (A) Except as provided in division (C) of 11,768
this section, the registrar of motor vehicles shall suspend the 11,769
probationary driver's license, restricted license, or temporary 11,771
instruction permit issued to any person when the person has been 11,773
convicted of, pleaded guilty to, or been adjudicated in juvenile 11,774
court of having committed, prior to the person's eighteenth
birthday, any of the following: 11,775
(1) Three separate violations of section 2903.06, 2903.07, 11,778
2903.08, 2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.192, 11,779
4511.20, 4511.201, 4511.202, 4511.21, 4511.22, 4511.23, 4511.25 11,780
to 4511.48, 4511.57 to 4511.65, 4511.75, 4549.02, 4549.021, or 11,781
4549.03 of the Revised Code, section 2903.04 of the Revised Code 11,783
in a case in which the person would have been subject to the 11,785
sanctions described in division (D) of that section had the 11,786
person been convicted of the violation of that section, FORMER 11,788
SECTION 2903.07 OF THE REVISED CODE, or any municipal ordinances 11,789
similarly relating to the offenses referred to in those sections; 11,791
(2) One violation of section 4511.19 of the Revised Code 11,793
or a substantially similar municipal ordinance; 11,794
(3) Two separate violations of any of the Revised Code 11,798
sections referred to in division (A)(1) of this section, or any 11,800
municipal ordinance that is substantially similar to any of those 11,801
sections.
Any person whose license or permit is suspended under 11,803
division (A)(1), (2), or (3) of this section shall mail or 11,805
deliver the person's probationary driver's license, restricted 11,807
license, or temporary instruction permit to the registrar within 11,808
fourteen days of notification of the suspension. The registrar 11,809
shall retain the license or permit during the period of the 11,810
suspension. A suspension pursuant to division (A)(1) of this 11,811
272
section shall remain in effect until one year has elapsed since 11,812
the date of suspension of the probationary driver's license, 11,813
restricted license, or temporary instruction permit, a suspension 11,815
pursuant to division (A)(2) of this section shall remain in 11,817
effect until six months have elapsed since the date of the 11,818
suspension, and a suspension pursuant to division (A)(3) of this 11,820
section shall remain in effect until ninety days have elapsed 11,821
since the date of the suspension. If the person's probationary 11,823
driver's license, restricted license, or temporary instruction 11,825
permit is under suspension on the date the court imposes sentence 11,827
upon the person for a violation described in division (A)(2) of 11,828
this section, the suspension shall take effect on the next day 11,829
immediately following the end of that period of suspension. If 11,830
the person is sixteen years of age or older and pleads guilty to 11,831
or is convicted of a violation described in division (A)(2) of 11,832
this section and the person does not have a current, valid 11,834
probationary driver's license, restricted license, or temporary 11,835
instruction permit, the registrar shall deny the issuance to the 11,836
person of a probationary driver's license, restricted license, 11,837
driver's license, commercial driver's license, or temporary 11,839
instruction permit, as the case may be, for six months beginning 11,840
on the date the court imposes sentence upon the person for the 11,841
violation. If the person has not attained the age of sixteen 11,842
years on the date the court imposes sentence upon the person for 11,844
the violation, the period of denial shall commence on the date 11,845
the person attains the age of sixteen years. 11,846
(B) The registrar also shall suspend the temporary 11,848
instruction permit or probationary driver's license of any person 11,849
under the age of eighteen who has been adjudicated unruly, 11,850
delinquent, or a juvenile traffic offender for having committed 11,851
any act that if committed by an adult would be a drug abuse 11,852
offense as defined in section 2925.01 of the Revised Code, or a 11,853
violation of division (B) of section 2917.11 of the Revised Code 11,854
until the person reaches the age of eighteen years or attends, at 11,855
273
the discretion of the court, and satisfactorily completes a drug 11,856
abuse or alcohol abuse education, intervention, or treatment 11,857
program specified by the court. Any person whose temporary 11,858
instruction permit or probationary driver's license is suspended 11,859
under this division shall mail or deliver the person's permit or 11,861
license to the registrar within fourteen days of notification of 11,862
the suspension. The registrar shall retain the permit or license 11,863
during the period of the suspension. 11,865
(C) If (1) A PERSON IS NOT ENTITLED TO REQUEST, AND A 11,868
COURT SHALL NOT GRANT TO THE PERSON, OCCUPATIONAL DRIVING 11,869
PRIVILEGES UNDER DIVISION (C) OF THIS SECTION IF a person is 11,871
convicted of, pleads guilty to, or is adjudicated in juvenile 11,872
court of having committed a third violation of section 4511.12, 11,873
4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to 11,875
4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or 11,876
any similar municipal ordinances, and the person, within the 11,877
preceding seven years, has been convicted of, pleaded guilty to, 11,878
or adjudicated in juvenile court of having committed three or 11,879
more violations of division ONE OR MORE OF THE FOLLOWING: 11,880
(a) DIVISION (A) or (B) of section 4511.19 of the Revised 11,883
Code, a;
(b) A municipal ordinance relating to operating a vehicle 11,886
while under the influence of alcohol, a drug of abuse, or alcohol 11,887
and a drug of abuse, a;
(c) A municipal ordinance relating to operating a vehicle 11,890
with a prohibited concentration of alcohol in the blood, breath, 11,891
or urine, section;
(d) SECTION 2903.04 of the Revised Code in a case in which 11,894
the person was subject to the sanctions described in division (D) 11,895
of that section, or;
(e) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 11,898
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 11,899
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 11,900
(f) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 11,904
274
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 11,906
2903.07 of the Revised Code, or a municipal ordinance that is 11,908
substantially similar to section 2903.07 of the Revised Code ANY 11,909
OF THOSE DIVISIONS OR THAT FORMER SECTION, in a case in which the 11,910
jury or judge found that the person was under the influence of 11,911
alcohol, a drug of abuse, or alcohol and a drug of abuse, the 11,912
person is not entitled to request, and the court shall not grant 11,913
to the person, occupational driving privileges under this 11,914
division. For.
(2) FOR any other person who IS NOT DESCRIBED IN DIVISION 11,916
(C)(1) OF THIS SECTION AND WHO is convicted of, pleads guilty to, 11,918
or is adjudicated in juvenile court of having committed a third 11,919
violation of section 4511.12, 4511.13, 4511.15, 4511.20 to 11,921
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 11,922
4511.75 of the Revised Code or any similar municipal ordinances, 11,923
the court in which the third conviction, finding, plea, or 11,924
adjudication was made, upon petition of the person, may grant the 11,925
person occupational driving privileges if the court finds that 11,926
the person will reach the person's eighteenth birthday before the 11,928
period of suspension required to be imposed under division (A)(1) 11,929
of this section expires and further finds reasonable cause to 11,930
believe that the suspension, if continued beyond the person's 11,931
eighteenth birthday, will seriously affect the person's ability 11,932
to continue in employment. The occupational driving privileges 11,934
granted under this division shall be effective on the person's 11,935
eighteenth birthday and during the period following such birthday 11,936
for which the suspension otherwise would be imposed. A court 11,938
shall not grant occupational driving privileges to any person 11,939
who, within seven years of the filing of the petition, has been 11,940
convicted of, pleaded guilty to, or adjudicated in juvenile court 11,941
of having committed three or more violations of division (A) or 11,942
(B) of section 4511.19 of the Revised Code, a municipal ordinance 11,943
relating to operating a vehicle while under the influence of 11,944
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 11,945
275
municipal ordinance relating to operating a vehicle with a 11,946
prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the 11,947
person was subject to the sanctions described in division (D) of 11,948
that section, or section 2903.06, 2903.07, or 2903.08 of the 11,949
Revised Code or a municipal ordinance that is substantially 11,950
similar to section 2903.07 of the Revised Code in a case in which 11,951
the jury or judge found that the person was under the influence 11,952
of alcohol, a drug of abuse, or alcohol and a drug of abuse. In 11,953
granting occupational driving privileges, the court shall specify 11,954
the times and places at which the person may drive and may impose 11,955
any other conditions upon the person's use of a motor vehicle 11,956
that the court considers reasonable and necessary. 11,957
A court that grants occupational driving privileges to a 11,959
person under this division shall retain the person's probationary 11,960
driver's license, restricted license, or temporary instruction 11,962
permit during the period the license or permit is suspended and 11,963
also during the period for which occupational driving privileges 11,964
are granted, and shall deliver to the person a permit card, in a 11,965
form to be prescribed by the court, setting forth the date on 11,966
which the occupational driving privileges will become effective, 11,967
the times and places at which the person may drive, and any other 11,968
conditions imposed upon the person's use of a motor vehicle. 11,969
The court immediately shall notify the registrar, in 11,971
writing, of a grant of occupational driving privileges. The 11,972
notification shall specify the date on which the occupational 11,973
driving privileges will become effective, the times and places at 11,974
which the person may drive, and any other conditions imposed upon 11,975
the person's use of a motor vehicle. The registrar shall not 11,976
suspend the probationary driver's license, restricted license, or 11,978
temporary instruction permit of any person pursuant to division 11,979
(A) of this section during any period for which the person has 11,980
been granted occupational driving privileges as provided in this 11,981
division, if the registrar has received the notification 11,982
276
described in this division from the court. 11,983
(D) If a person who has been granted occupational driving 11,985
privileges under division (C) of this section is convicted of, 11,986
pleads guilty to, or is adjudicated in juvenile court of having 11,987
committed, a violation of section 4507.02 of the Revised Code, or 11,988
a fourth or subsequent violation of any of the other sections of 11,990
the Revised Code listed in division (A)(1) of this section or any 11,991
similar municipal ordinance during the period for which the 11,992
person was granted occupational driving privileges, the court 11,994
that granted the occupational driving privileges shall revoke 11,995
them and cancel the person's permit card. The court or the clerk 11,996
of the court immediately shall forward the person's probationary 11,997
driver's license, restricted license, or temporary instruction 11,999
permit together with written notification of the court's action 12,000
to the registrar. Upon receipt of the license or permit and 12,001
notification, the registrar shall suspend the person's 12,002
probationary driver's license, restricted license, or temporary 12,003
instruction permit for a period of one year. The registrar shall 12,004
retain the license or permit during the period of suspension, and 12,005
no further occupational driving privileges shall be granted 12,006
during that period.
(E) No application for a driver's or commercial driver's 12,008
license shall be received from any person whose probationary 12,009
driver's license, restricted license, or temporary instruction 12,011
permit has been suspended under this section until each of the 12,013
following has occurred:
(1) The suspension period has expired; 12,015
(2) A temporary instruction permit or commercial driver's 12,018
license temporary instruction permit has been issued; 12,019
(3) The person successfully completes a juvenile driver 12,021
improvement program approved by the registrar under division (F) 12,023
of this section;
(4) The applicant has submitted to the examination for a 12,027
driver's license as provided for in section 4507.11 or a 12,028
277
commercial driver's license as provided in Chapter 4506. of the 12,029
Revised Code.
(F) The registrar shall establish standards for juvenile 12,031
driver improvement programs and shall approve any such programs 12,032
that meet the established standards. The standards established 12,033
by the registrar shall require a minimum of five hours of 12,034
classroom instruction, with at least three hours devoted to 12,035
driver skill requirements and two hours devoted to juvenile
driver information related to the driving records of drivers 12,036
under the age of eighteen, driver perceptions, and the value of 12,037
the traffic laws. The standards also shall require a person 12,038
whose probationary driver's license was suspended under this 12,039
section to undertake and pass, as successful completion of an 12,040
approved juvenile driver improvement program, the driver's
license examination that a person who holds a temporary 12,041
instruction permit is required to undertake and pass in order to 12,042
be issued a probationary driver's license. The person shall pay 12,043
the applicable fee that is required to accompany an application 12,045
for a driver's license as prescribed in division (E) of section 12,046
4507.23 of the Revised Code. The registrar shall prescribe the 12,050
requirements for the curriculum to be provided as well as other 12,051
program directives. Only those programs approved by the
registrar shall be acceptable for reinstatement of the driving 12,052
privileges of a person whose probationary driver's license was 12,053
suspended under this section.
Sec. 4507.164. (A) Except as provided in divisions (C) to 12,062
(E) of this section, when the license of any person is suspended 12,063
or revoked pursuant to any provision of the Revised Code other 12,064
than division (B) of section 4507.16 of the Revised Code, the 12,065
trial judge may impound the identification license plates of any 12,066
motor vehicle registered in the name of the person. 12,067
(B)(1) When the license of any person is suspended or 12,069
revoked pursuant to division (B)(1) of section 4507.16 of the 12,070
Revised Code, the trial judge of the court of record or the mayor 12,071
278
of the mayor's court that suspended or revoked the license may 12,072
impound the identification license plates of any motor vehicle 12,073
registered in the name of the person. 12,074
(2) When the license of any person is suspended or revoked 12,076
pursuant to division (B)(2) or (3) of section 4507.16 of the 12,077
Revised Code, the trial judge of the court of record that 12,078
suspended or revoked the license shall order the impoundment of 12,079
the identification license plates of the motor vehicle the 12,080
offender was operating at the time of the offense and the 12,081
immobilization of that vehicle in accordance with section 12,082
4503.233 and division (A)(2) or (3) of section 4511.99 or 12,083
division (B)(2)(a) or (b)(i) OR (ii) of section 4511.193 of the 12,085
Revised Code and may impound the identification license plates of 12,086
any other motor vehicle registered in the name of the person 12,087
whose license is suspended or revoked. 12,088
(3) When the license of any person is suspended or revoked 12,090
pursuant to division (B)(4) of section 4507.16 of the Revised 12,091
Code, the trial judge of the court of record that suspended or 12,092
revoked the license shall order the criminal forfeiture to the 12,093
state of the motor vehicle the offender was operating at the time 12,094
of the offense in accordance with section 4503.234 and division 12,095
(A)(4) of section 4511.99 or division (B)(2)(c)(b)(iii) of 12,096
section 4511.193 of the Revised Code and may impound the 12,097
identification license plates of any other motor vehicle 12,098
registered in the name of the person whose license is suspended 12,099
or revoked.
(C)(1) When a person is convicted of or pleads guilty to a 12,101
violation of division (D)(2) of section 4507.02 of the Revised 12,102
Code or a substantially equivalent municipal ordinance and 12,103
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 12,104
(2) of section 4507.36 of the Revised Code applies, the trial 12,105
judge of the court of record or the mayor of the mayor's court 12,106
that imposes sentence shall order the immobilization of the 12,107
vehicle the person was operating at the time of the offense and 12,108
279
the impoundment of its identification license plates in 12,109
accordance with section 4503.233 and division (B)(1) or (2) of 12,110
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 12,111
the Revised Code and may impound the identification license 12,112
plates of any other vehicle registered in the name of that 12,113
person. 12,114
(2) When a person is convicted of or pleads guilty to a 12,116
violation of division (D)(2) of section 4507.02 of the Revised 12,117
Code or a substantially equivalent municipal ordinance and 12,118
division (B)(3) of section 4507.99 or division (C)(3) of section 12,119
4507.361 of the Revised Code applies, the trial judge of the 12,120
court of record that imposes sentence shall order the criminal 12,121
forfeiture to the state of the vehicle the person was operating 12,122
at the time of the offense in accordance with section 4503.234 12,123
and division (B)(3) of section 4507.99 or division (C)(3) of 12,124
section 4507.361 of the Revised Code and may impound the 12,125
identification license plates of any other vehicle registered in 12,126
the name of that person. 12,127
(D)(1) When a person is convicted of or pleads guilty to a 12,129
violation of division (B)(1) of section 4507.02 of the Revised 12,130
Code or a substantially equivalent municipal ordinance and 12,131
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 12,132
(2) of section 4507.361 of the Revised Code applies, the trial 12,133
judge of the court of record or the mayor of the mayor's court 12,134
that imposes sentence shall order the immobilization of the 12,135
vehicle the person was operating at the time of the offense and 12,136
the impoundment of its identification license plates in 12,137
accordance with section 4503.233 and division (C)(1) or (2) of 12,138
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 12,139
the Revised Code and may impound the identification license 12,140
plates of any other vehicle registered in the name of that 12,141
person. 12,142
(2) When a person is convicted of or pleads guilty to a 12,144
violation of division (B)(1) of section 4507.02 of the Revised 12,145
280
Code or a substantially equivalent municipal ordinance and 12,146
division (C)(3) of section 4507.99 or division (B)(3) of section 12,147
4507.361 of the Revised Code applies, the trial judge of the 12,148
court of RECORD that imposes sentence shall order the criminal 12,149
forfeiture to the state of the vehicle the person was operating 12,150
at the time of the offense in accordance with section 4503.234 12,151
and division (C)(3) of section 4507.99 or division (B)(3) of 12,152
section 4507.361 of the Revised Code and may impound the 12,153
identification license plates of any other vehicle registered in 12,154
the name of that person. 12,155
(E)(1) When a person is convicted of or pleads guilty to a 12,157
violation of section 4507.33 of the Revised Code and the person 12,158
is sentenced pursuant to division (E)(1) of section 4507.99 of 12,159
the Revised Code, the trial judge of the court of record or the 12,160
mayor of the mayor's court that imposes sentence shall order the 12,161
immobilization of the vehicle that was involved in the commission 12,162
of the offense and the impoundment of its identification license 12,163
plates in accordance with division (E)(1) of section 4507.99 and 12,164
section 4503.233 of the Revised Code and may impound the 12,165
identification license plates of any other vehicle registered in 12,166
the name of that person. 12,167
(2) When a person is convicted of or pleads guilty to a 12,169
violation of section 4507.33 of the Revised Code and the person 12,170
is sentenced pursuant to division (E)(2) of section 4507.99 of 12,171
the Revised Code, the trial judge of the court of record or the 12,172
mayor of the mayor's court that imposes sentence shall order the 12,173
criminal forfeiture to the state of the vehicle that was involved 12,174
in the commission of the offense in accordance with division 12,175
(E)(2) of section 4507.99 and section 4503.234 of the Revised 12,176
Code and may impound the identification license plates of any 12,177
other vehicle registered in the name of that person. 12,178
(F) Except as provided in section 4503.233 or 4503.234 of 12,180
the Revised Code, when the certificate of registration, the 12,181
identification license plates, or both have been impounded, 12,182
281
division (F) of section 4507.02 of the Revised Code is 12,183
applicable. 12,184
Sec. 4507.169. (A) The registrar of motor vehicles shall 12,193
suspend for the period of time specified in this division the 12,195
driver's or commercial driver's license or permit of, or deny for 12,196
such period of time the issuance of a driver's or commercial 12,198
driver's license or permit to, any person who is a resident of 12,199
this state and is convicted of or pleads guilty to a violation of 12,200
a statute of any other state or any federal statute that is 12,201
substantially similar to section 2925.02, 2925.03, 2925.04, 12,202
2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 12,203
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised 12,204
Code. Upon receipt of a report from a court, court clerk, or 12,205
other official of any other state or from any federal authority 12,206
that a resident of this state was convicted of or pleaded guilty 12,207
to an offense described in this division, the registrar shall 12,209
send a notice by regular first class mail to the person, at the 12,210
person's last known address as shown in the records of the bureau 12,211
of motor vehicles, informing the person of the suspension or 12,212
denial, that the suspension or denial will take effect twenty-one 12,214
days from the date of the notice, and that, if the person wishes 12,215
to appeal the suspension or denial, the person must file a notice 12,217
of appeal within twenty-one days of the date of the notice 12,218
requesting a hearing on the matter. If the person requests a 12,219
hearing, the registrar shall hold the hearing not more than forty 12,221
days after receipt by the registrar of the notice of appeal. The
filing of a notice of appeal does not stay the operation of the 12,223
suspension or denial that must be imposed pursuant to this 12,224
division. The scope of the hearing shall be limited to whether 12,225
the person actually was convicted of or pleaded guilty to the 12,227
offense for which the suspension or denial is to be imposed. 12,228
The period of suspension or denial the registrar is 12,230
required to impose under this division shall end either on the 12,231
last day of any period of suspension of the person's nonresident 12,232
282
operating privilege imposed by the state or federal court located 12,233
in the other state, or the date six months and twenty-one days 12,234
from the date of the notice sent by the registrar to the person 12,235
under this division, whichever is earlier.
The registrar shall subscribe to or otherwise participate 12,237
in any information system or register, or enter into reciprocal 12,238
and mutual agreements with other states and federal authorities, 12,239
in order to facilitate the exchange of information with other 12,240
states and the United States government regarding persons who 12,241
plead guilty to or are convicted of offenses described in this 12,242
division and therefore are subject to the suspension or denial 12,243
described in this division. 12,244
(B) The registrar shall suspend for the period of time 12,246
specified in this division the driver's or commercial driver's 12,247
license or permit of, or deny for such period of time the 12,248
issuance of a driver's or commercial driver's license or permit 12,250
to, any person who is a resident of this state and is convicted
of or pleads guilty to a violation of a statute of any other 12,252
state or a municipal ordinance of a municipal corporation located 12,253
in any other state that is substantially similar to section 12,254
4511.19 of the Revised Code. Upon receipt of a report from 12,255
another state made pursuant to section 4507.60 of the Revised 12,256
Code indicating that a resident of this state was convicted of or 12,258
pleaded guilty to an offense described in this division, the
registrar shall send a notice by regular first class mail to the 12,260
person, at the person's last known address as shown in the 12,261
records of the bureau of motor vehicles, informing the person of 12,262
the suspension or denial, that the suspension or denial will take 12,263
effect twenty-one days from the date of the notice, and that, if 12,264
the person wishes to appeal the suspension or denial, the person 12,265
must file a notice of appeal within twenty-one days of the date 12,266
of the notice requesting a hearing on the matter. If the person 12,267
requests a hearing, the registrar shall hold the hearing not more 12,268
than forty days after receipt by the registrar of the notice of 12,270
283
appeal. The filing of a notice of appeal does not stay the
operation of the suspension or denial that must be imposed 12,271
pursuant to this division. The scope of the hearing shall be 12,272
limited to whether the person actually was convicted of or 12,273
pleaded guilty to the offense for which the suspension or denial 12,274
is to be imposed. 12,275
The period of suspension or denial the registrar is 12,277
required to impose under this division shall end either on the 12,278
last day of any period of suspension of the person's nonresident 12,279
operating privilege imposed by the state or federal court located 12,280
in the other state, or the date six months and twenty-one days 12,281
from the date of the notice sent by the registrar to the person 12,282
under this division, whichever is earlier.
(C) The registrar shall suspend for the period of time 12,284
specified in this division the driver's or commercial driver's 12,285
license or permit of, or deny for such period of time the 12,286
issuance of a driver's or commercial driver's license or permit 12,288
to, any child who is a resident of this state and is convicted of 12,289
or pleads guilty to a violation of a statute of any other state 12,291
or any federal statute that is substantially similar to section 12,292
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 12,293
2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 12,294
2925.37 of the Revised Code. Upon receipt of a report from a 12,295
court, court clerk, or other official of any other state or from 12,296
any federal authority that a child who is a resident of this 12,297
state was convicted of or pleaded guilty to an offense described 12,298
in this division, the registrar shall send a notice by regular 12,299
first class mail to the child, at the child's last known address 12,300
as shown in the records of the bureau of motor vehicles, 12,301
informing the child of the suspension or denial, that the 12,302
suspension or denial will take effect twenty-one days from the 12,303
date of the notice, and that, if the child wishes to appeal the 12,304
suspension or denial, the child must file a notice of appeal
within twenty-one days of the date of the notice requesting a 12,305
284
hearing on the matter. If the child requests a hearing, the 12,306
registrar shall hold the hearing not more than forty days after 12,308
receipt by the registrar of the notice of appeal. The filing of 12,309
a notice of appeal does not stay the operation of the suspension 12,310
or denial that must be imposed pursuant to this division. The 12,311
scope of the hearing shall be limited to whether the child 12,312
actually was convicted of or pleaded guilty to the offense for 12,313
which the suspension or denial is to be imposed. 12,314
The period of suspension the registrar is required to 12,316
impose under this division shall end either on the last day of 12,317
any period of suspension of the child's nonresident operating 12,318
privilege imposed by the state or federal court located in the 12,319
other state, or the date six months and twenty-one days from the 12,320
date of the notice sent by the registrar to the child under this
division, whichever is earlier. If the child is a resident of 12,321
this state who is sixteen years of age or older and does not have 12,323
a current, valid Ohio driver's or commercial driver's license or 12,324
permit, the notice shall inform the child that the child will be 12,325
denied issuance of a driver's or commercial driver's license or 12,326
permit for six months beginning on the date of the notice. If 12,327
the child has not attained the age of sixteen years on the date 12,328
of the notice, the notice shall inform the child that the period 12,329
of denial of six months shall commence on the date the child 12,330
attains the age of sixteen years.
The registrar shall subscribe to or otherwise participate 12,332
in any information system or register, or enter into reciprocal 12,333
and mutual agreements with other states and federal authorities, 12,334
in order to facilitate the exchange of information with other 12,335
states and the United States government regarding children who 12,336
are residents of this state and plead guilty to or are convicted 12,337
of offenses described in this division and therefore are subject 12,338
to the suspension or denial described in this division. 12,339
(D) The registrar shall suspend for the period of time 12,341
specified in this division the driver's or commercial driver's 12,342
285
license or permit of, or deny for such period of time the 12,343
issuance of a driver's or commercial driver's license or permit 12,345
to, any child who is a resident of this state and is convicted of 12,346
or pleads guilty to a violation of a statute of any other state 12,348
or a municipal ordinance of a municipal corporation located in 12,349
any other state that is substantially similar to section 4511.19 12,350
of the Revised Code. Upon receipt of a report from another state 12,351
made pursuant to section 4507.60 of the Revised Code indicating 12,352
that a child who is a resident of this state was convicted of or 12,353
pleaded guilty to an offense described in this division, the 12,354
registrar shall send a notice by regular first class mail to the 12,355
child, at the child's last known address as shown in the records 12,356
of the bureau of motor vehicles, informing the child of the 12,357
suspension or denial, that the suspension or denial will take 12,358
effect twenty-one days from the date of the notice, and that, if 12,360
the child wishes to appeal the suspension or denial, the child 12,362
must file a notice of appeal within twenty-one days of the date 12,364
of the notice requesting a hearing on the matter. If the child 12,365
requests a hearing, the registrar shall hold the hearing not more 12,366
than forty days after receipt by the registrar of the notice of 12,368
appeal. The filing of a notice of appeal does not stay the 12,369
operation of the suspension or denial that must be imposed 12,370
pursuant to this division. The scope of the hearing shall be 12,371
limited to whether the child actually was convicted of or pleaded 12,372
guilty to the offense for which the suspension or denial is to be 12,374
imposed.
The period of suspension the registrar is required to 12,376
impose under this division shall end either on the last day of 12,377
any period of suspension of the child's nonresident operating 12,378
privilege imposed by the state or federal court located in the 12,379
other state, or the date six months and twenty-one days from the 12,380
date of the notice sent by the registrar to the child under this
division, whichever is earlier. If the child is a resident of 12,381
this state who is sixteen years of age or older and does not have 12,383
286
a current, valid Ohio driver's or commercial driver's license or 12,384
permit, the notice shall inform the child that the child will be 12,385
denied issuance of a driver's or commercial driver's license or 12,386
permit for six months beginning on the date of the notice. If 12,387
the child has not attained the age of sixteen years on the date 12,388
of the notice, the notice shall inform the child that the period 12,389
of denial of six months shall commence on the date the child 12,390
attains the age of sixteen years.
(E) Any person whose license or permit has been suspended 12,392
pursuant to division (B) or (D) of this section may file a 12,393
petition in the municipal or county court, or in case the person 12,394
is under eighteen years of age, the juvenile court, in whose 12,395
jurisdiction the person resides, agreeing to pay the cost of the 12,397
proceedings and alleging that the suspension would seriously 12,398
affect the person's ability to continue the person's employment. 12,399
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability 12,400
to continue the person's employment, the judge may grant the 12,401
person occupational driving privileges during the period during 12,402
which the suspension otherwise would be imposed, except that the 12,403
judge shall not grant occupational driving privileges for 12,404
employment as a driver of a commercial motor vehicle to any 12,405
person who would be disqualified from operating a commercial 12,407
motor vehicle under section 4506.16 of the Revised Code if the 12,409
violation had occurred in this state, or during any of the 12,410
following periods of time:
(1) If THE FIRST FIFTEEN DAYS OF THE SUSPENSION, IF the 12,413
person has not been convicted within five years of the date of 12,414
the offense giving rise to the suspension under this section of a 12,415
violation of section ANY OF THE FOLLOWING:
(a) SECTION 4511.19 of the Revised Code, of a municipal 12,417
ordinance relating to operating a vehicle WHILE under the 12,418
influence of alcohol, a drug of abuse, or alcohol and a drug of 12,419
abuse, of a;
287
(b) A municipal ordinance relating to operating a motor 12,422
vehicle with a prohibited concentration of alcohol in the blood, 12,423
breath, or urine, of section; 12,424
(c) SECTION 2903.04 of the Revised Code in a case in which 12,426
the person was subject to the sanctions described in division (D) 12,427
of that section, or of; 12,428
(d) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 12,431
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 12,432
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 12,433
(e) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 12,437
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 12,438
2903.07 of the Revised Code, or a municipal ordinance that is 12,440
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 12,441
section 2903.07 of the Revised Code, in a case in which the jury 12,443
or judge found that the person was under the influence of 12,444
alcohol, a drug of abuse, or alcohol and a drug of abuse, the 12,445
first fifteen days of the suspension. 12,446
(2) If THE FIRST THIRTY DAYS OF THE SUSPENSION, IF the 12,448
person has been convicted only one time within five years of the 12,450
date of the offense giving rise to the suspension under this 12,451
section of a ANY violation of section 4511.19 of the Revised 12,453
Code, of a municipal ordinance relating to operating a vehicle
under the influence of alcohol, a drug of abuse, or alcohol and a 12,455
drug of abuse, of a municipal ordinance relating to operating a 12,456
motor vehicle with a prohibited concentration of alcohol in the 12,457
blood, breath, or urine, of section 2903.04 of the Revised Code 12,458
in a case in which the person was subject to the sanctions 12,459
described in division (D) of that section, or of section 2903.06, 12,460
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 12,461
that is substantially similar to section 2903.07 of the Revised 12,462
Code in a case in which the jury or judge found that the person 12,464
was under the influence of alcohol, a drug of abuse, or alcohol 12,465
and a drug of abuse, the first thirty days of the suspension 12,466
IDENTIFIED IN DIVISION (E)(1) OF THIS SECTION. 12,468
288
(3) If THE FIRST ONE HUNDRED EIGHTY DAYS OF THE 12,470
SUSPENSION, IF the person has been convicted two times within 12,471
five years of the date of the offense giving rise to the 12,472
suspension under this section of a ANY violation of section 12,473
4511.19 of the Revised Code, of a municipal ordinance relating to 12,475
operating a vehicle under the influence of alcohol, a drug of 12,476
abuse, or alcohol and a drug of abuse, of a municipal ordinance 12,477
relating to operating a motor vehicle with a prohibited 12,478
concentration of alcohol in the blood, breath, or urine, of 12,479
section 2903.04 of the Revised Code in a case in which the person 12,480
was subject to the sanctions described in division (D) of that 12,481
section, or of section 2903.06, 2903.07, or 2903.08 of the 12,482
Revised Code or a municipal ordinance that is substantially 12,483
similar to section 2903.07 of the Revised Code in a case in which 12,484
the jury or judge found that the person was under the influence 12,485
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 12,486
first one hundred eighty days of the suspension IDENTIFIED IN 12,487
DIVISION (E)(1) OF THIS SECTION. 12,488
(4) If NO OCCUPATIONAL DRIVING PRIVILEGES MAY BE GRANTED 12,490
IF the person has been convicted three or more times within five 12,492
years of the date of the offense giving rise to the suspension 12,493
under this section of a ANY violation of section 4511.19 of the 12,495
Revised Code, of a municipal ordinance relating to operating a
vehicle under the influence of alcohol, a drug of abuse, or 12,496
alcohol and a drug of abuse, of a municipal ordinance relating to 12,497
operating a motor vehicle with a prohibited concentration of 12,498
alcohol in the blood, breath, or urine, of section 2903.04 of the 12,499
Revised Code in a case in which the person was subject to the 12,500
sanctions described in division (D) of that section, or of 12,501
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 12,502
municipal ordinance that is substantially similar to section 12,503
2903.07 of the Revised Code in a case in which the jury or judge 12,505
found that the person was under the influence of alcohol, a drug 12,506
of abuse, or alcohol and a drug of abuse, no occupational driving 12,507
289
privileges may be granted IDENTIFIED IN DIVISION (E)(1) OF THIS 12,509
SECTION.
If a person petitions for occupational driving privileges 12,511
under division (E) of this section, the registrar shall be 12,513
represented by the county prosecutor of the county in which the 12,514
person resides if the petition is filed in a juvenile court or 12,515
county court, except that if the person resides within a city or 12,516
village that is located within the jurisdiction of the county in 12,517
which the petition is filed, the city director of law or village 12,518
solicitor of that city or village shall represent the registrar. 12,519
If the petition is filed in a municipal court, the registrar 12,520
shall be represented as provided in section 1901.34 of the 12,521
Revised Code.
In granting occupational driving privileges under division 12,523
(E) of this section, the court may impose any condition it 12,525
considers reasonable and necessary to limit the use of a vehicle 12,526
by the person. The court shall deliver to the person a permit 12,527
card, in a form to be prescribed by the court, setting forth the 12,528
time, place, and other conditions limiting the person's use of a 12,529
motor vehicle. The grant of occupational driving privileges 12,530
shall be conditioned upon the person's having the permit in the 12,531
person's possession at all times during which the person is 12,532
operating a vehicle. 12,533
A person granted occupational driving privileges who 12,535
operates a vehicle for other than occupational purposes, in 12,536
violation of any condition imposed by the court or without having 12,537
the permit in the person's possession, is guilty of a violation 12,538
of division (D)(1) of section 4507.02 of the Revised Code. 12,539
(F) As used in divisions (C) and (D) of this section: 12,541
(1) "Child" means a person who is under the age of 12,543
eighteen years, except that any person who violates a statute or 12,544
ordinance described in division (C) or (D) of this section prior 12,545
to attaining eighteen years of age shall be deemed a "child" 12,546
irrespective of the person's age at the time the complaint or 12,548
290
other equivalent document is filed in the other state or a 12,549
hearing, trial, or other proceeding is held in the other state on 12,550
the complaint or other equivalent document, and irrespective of 12,551
the person's age when the period of license suspension or denial 12,553
prescribed in division (C) or (D) of this section is imposed. 12,554
(2) "Is convicted of or pleads guilty to" means, as it 12,556
relates to a child who is a resident of this state, that in a 12,557
proceeding conducted in a state or federal court located in 12,558
another state for a violation of a statute or ordinance described 12,559
in division (C) or (D) of this section, the result of the 12,560
proceeding is any of the following: 12,561
(a) Under the laws that govern the proceedings of the 12,563
court, the child is adjudicated to be or admits to being a 12,564
delinquent child or a juvenile traffic offender for a violation 12,566
described in division (C) or (D) of this section that would be a 12,567
crime if committed by an adult; 12,568
(b) Under the laws that govern the proceedings of the 12,570
court, the child is convicted of or pleads guilty to a violation 12,571
described in division (C) or (D) of this section; 12,572
(c) Under the laws that govern the proceedings of the 12,574
court, irrespective of the terminology utilized in those laws, 12,575
the result of the court's proceedings is the functional 12,577
equivalent of division (F)(2)(a) or (b) of this section. 12,578
Sec. 4507.1613. THE COURT IMPOSING A SENTENCE UPON AN 12,580
OFFENDER FOR ANY VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY 12,581
EQUIVALENT TO A VIOLATION OF SECTION 2903.06 OF THE REVISED CODE 12,582
ALSO SHALL IMPOSE A SUSPENSION OF THE OFFENDER'S DRIVER'S 12,584
LICENSE, COMMERCIAL DRIVER'S LICENSE, TEMPORARY INSTRUCTION 12,585
PERMIT, PROBATIONARY LICENSE, OR NONRESIDENT OPERATING PRIVILEGE
THAT IS EQUIVALENT IN LENGTH TO THE SUSPENSION REQUIRED FOR A 12,587
VIOLATION OF SECTION 2903.06 OF THE REVISED CODE UNDER SIMILAR 12,588
CIRCUMSTANCES.
Sec. 4511.191. (A) Any person who operates a vehicle upon 12,597
a highway or any public or private property used by the public 12,598
291
for vehicular travel or parking within this state shall be deemed 12,599
to have given consent to a chemical test or tests of the person's 12,601
blood, breath, or urine for the purpose of determining the 12,602
alcohol, drug, or alcohol and drug content of the person's blood, 12,603
breath, or urine if arrested for operating a vehicle while under 12,605
the influence of alcohol, a drug of abuse, or alcohol and a drug 12,606
of abuse or for operating a vehicle with a prohibited 12,607
concentration of alcohol in the blood, breath, or urine. The 12,608
chemical test or tests shall be administered at the request of a 12,609
police officer having reasonable grounds to believe the person to 12,610
have been operating a vehicle upon a highway or any public or 12,611
private property used by the public for vehicular travel or 12,612
parking in this state while under the influence of alcohol, a 12,613
drug of abuse, or alcohol and a drug of abuse or with a 12,614
prohibited concentration of alcohol in the blood, breath, or 12,615
urine. The law enforcement agency by which the officer is 12,616
employed shall designate which of the tests shall be
administered. 12,617
(B) Any person who is dead or unconscious, or who is 12,619
otherwise in a condition rendering the person incapable of 12,620
refusal, shall be deemed not to have withdrawn consent as 12,622
provided by division (A) of this section and the test or tests 12,623
may be administered, subject to sections 313.12 to 313.16 of the 12,624
Revised Code. 12,625
(C)(1) Any person under arrest for operating a vehicle 12,627
while under the influence of alcohol, a drug of abuse, or alcohol 12,628
and a drug of abuse or for operating a vehicle with a prohibited 12,629
concentration of alcohol in the blood, breath, or urine shall be 12,630
advised at a police station, or at a hospital, first-aid station, 12,631
or clinic to which the person has been taken for first-aid or 12,632
medical treatment, of both of the following: 12,633
(a) The consequences, as specified in division (E) of this 12,635
section, of the person's refusal to submit upon request to a 12,636
chemical test designated by the law enforcement agency as 12,638
292
provided in division (A) of this section; 12,639
(b) The consequences, as specified in division (F) of this 12,641
section, of the person's submission to the designated chemical 12,643
test if the person is found to have a prohibited concentration of 12,644
alcohol in the blood, breath, or urine. 12,645
(2)(a) The advice given pursuant to division (C)(1) of 12,647
this section shall be in a written form containing the 12,648
information described in division (C)(2)(b) of this section and 12,649
shall be read to the person. The form shall contain a statement 12,650
that the form was shown to the person under arrest and read to 12,651
the person in the presence of the arresting officer and either 12,653
another police officer, a civilian police employee, or an 12,654
employee of a hospital, first-aid station, or clinic, if any, to 12,655
which the person has been taken for first-aid or medical 12,656
treatment. The witnesses shall certify to this fact by signing 12,657
the form.
(b) The form required by division (C)(2)(a) of this 12,659
section shall read as follows: 12,660
"You now are under arrest for operating a vehicle while 12,662
under the influence of alcohol, a drug of abuse, or both alcohol 12,663
and a drug of abuse and will be requested by a police officer to 12,664
submit to a chemical test to determine the concentration of 12,665
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 12,666
blood, breath, or urine. 12,667
If you refuse to submit to the requested test or if you 12,669
submit to the requested test and are found to have a prohibited 12,670
concentration of alcohol in your blood, breath, or urine, your 12,671
driver's or commercial driver's license or permit or nonresident 12,672
operating privilege immediately will be suspended for the period 12,673
of time specified by law by the officer, on behalf of the 12,674
registrar of motor vehicles. You may appeal this suspension at 12,675
your initial appearance before the court that hears the charges 12,676
against you resulting from the arrest, and your initial 12,677
appearance will be conducted no later than five days after the 12,678
293
arrest. This suspension is independent of the penalties for the 12,679
offense, and you may be subject to other penalties upon 12,680
conviction." 12,681
(D)(1) If a person under arrest as described in division 12,683
(C)(1) of this section is not asked by a police officer to submit 12,684
to a chemical test designated as provided in division (A) of this 12,685
section, the arresting officer shall seize the Ohio or 12,686
out-of-state driver's or commercial driver's license or permit of 12,687
the person and immediately forward the seized license or permit 12,688
to the court in which the arrested person is to appear on the 12,689
charge for which the person was arrested. If the arrested person 12,690
does not have the person's driver's or commercial driver's 12,691
license or permit on the person's self or in the person's 12,692
vehicle, the arresting officer shall order the arrested person to 12,694
surrender it to the law enforcement agency that employs the 12,696
officer within twenty-four hours after the arrest, and, upon the 12,697
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 12,699
person is to appear on the charge for which the person was 12,700
arrested. Upon receipt of the license or permit, the court shall 12,702
retain it pending the initial appearance of the arrested person 12,703
and any action taken under section 4511.196 of the Revised Code. 12,704
If a person under arrest as described in division (C)(1) of 12,706
this section is asked by a police officer to submit to a chemical 12,707
test designated as provided in division (A) of this section and 12,708
is advised of the consequences of the person's refusal or 12,709
submission as provided in division (C) of this section and if the 12,710
person either refuses to submit to the designated chemical test 12,711
or the person submits to the designated chemical test and the 12,712
test results indicate that the person's blood contained a 12,713
concentration of ten-hundredths of one per cent or more by weight 12,714
of alcohol, the person's breath contained a concentration of 12,715
ten-hundredths of one gram or more by weight of alcohol per two 12,716
hundred ten liters of the person's breath, or the person's urine 12,717
294
contained a concentration of fourteen-hundredths of one gram or 12,719
more by weight of alcohol per one hundred milliliters of the 12,720
person's urine at the time of the alleged offense, the arresting 12,722
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 12,724
suspension upon the person that advises the person that, 12,725
independent of any penalties or sanctions imposed upon the person 12,727
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 12,729
license or permit or nonresident operating privilege is 12,730
suspended, that the suspension takes effect immediately, that the 12,731
suspension will last at least until the person's initial 12,732
appearance on the charge that will be held within five days after 12,734
the date of the person's arrest or the issuance of a citation to 12,736
the person, and that the person may appeal the suspension at the 12,738
initial appearance; seize the Ohio or out-of-state driver's or 12,739
commercial driver's license or permit of the person; and 12,740
immediately forward the seized license or permit to the 12,741
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 12,742
self or in the person's vehicle, the arresting officer shall 12,744
order the person to surrender it to the law enforcement agency 12,745
that employs the officer within twenty-four hours after the 12,746
service of the notice of suspension, and, upon the surrender, the 12,747
officer's employing agency immediately shall forward the license 12,748
or permit to the registrar. 12,749
(b) Verify the current residence of the person and, if it 12,751
differs from that on the person's driver's or commercial driver's 12,752
license or permit, notify the registrar of the change; 12,753
(c) In addition to forwarding the arrested person's 12,755
driver's or commercial driver's license or permit to the 12,756
registrar, send to the registrar, within forty-eight hours after 12,757
the arrest of the person, a sworn report that includes all of the 12,758
following statements: 12,759
295
(i) That the officer had reasonable grounds to believe 12,761
that, at the time of the arrest, the arrested person was 12,762
operating a vehicle upon a highway or public or private property 12,763
used by the public for vehicular travel or parking within this 12,764
state while under the influence of alcohol, a drug of abuse, or 12,765
alcohol and a drug of abuse or with a prohibited concentration of 12,766
alcohol in the blood, breath, or urine; 12,767
(ii) That the person was arrested and charged with 12,769
operating a vehicle while under the influence of alcohol, a drug 12,770
of abuse, or alcohol and a drug of abuse or with operating a 12,771
vehicle with a prohibited concentration of alcohol in the blood, 12,772
breath, or urine; 12,773
(iii) That the officer asked the person to take the 12,775
designated chemical test, advised the person of the consequences 12,776
of submitting to the chemical test or refusing to take the 12,777
chemical test, and gave the person the form described in division 12,778
(C)(2) of this section; 12,779
(iv) That the person refused to submit to the chemical 12,781
test or that the person submitted to the chemical test and the 12,782
test results indicate that the person's blood contained a 12,783
concentration of ten-hundredths of one per cent or more by weight 12,785
of alcohol, the person's breath contained a concentration of 12,786
ten-hundredths of one gram or more by weight of alcohol per two 12,787
hundred ten liters of the person's breath, or the person's urine 12,788
contained a concentration of fourteen-hundredths of one gram or 12,790
more by weight of alcohol per one hundred milliliters of the 12,791
person's urine at the time of the alleged offense; 12,793
(v) That the officer served a notice of suspension upon 12,795
the person as described in division (D)(1)(a) of this section. 12,796
(2) The sworn report of an arresting officer completed 12,798
under division (D)(1)(c) of this section shall be given by the 12,799
officer to the arrested person at the time of the arrest or sent 12,800
to the person by regular first class mail by the registrar as 12,801
soon thereafter as possible, but no later than fourteen days 12,802
296
after receipt of the report. An arresting officer may give an 12,803
unsworn report to the arrested person at the time of the arrest 12,804
provided the report is complete when given to the arrested person 12,805
and subsequently is sworn to by the arresting officer. As soon 12,806
as possible, but no later than forty-eight hours after the arrest 12,807
of the person, the arresting officer shall send a copy of the 12,808
sworn report to the court in which the arrested person is to 12,809
appear on the charge for which the person was arrested. 12,810
(3) The sworn report of an arresting officer completed and 12,812
sent to the registrar and the court under divisions (D)(1)(c) and 12,813
(D)(2) of this section is prima-facie proof of the information 12,814
and statements that it contains and shall be admitted and 12,815
considered as prima-facie proof of the information and statements 12,816
that it contains in any appeal under division (H) of this section 12,817
relative to any suspension of a person's driver's or commercial 12,818
driver's license or permit or nonresident operating privilege 12,819
that results from the arrest covered by the report. 12,820
(E)(1) Upon receipt of the sworn report of an arresting 12,822
officer completed and sent to the registrar and a court pursuant 12,823
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 12,824
person who refused to take the designated chemical test, the 12,825
registrar shall enter into the registrar's records the fact that 12,827
the person's driver's or commercial driver's license or permit or 12,828
nonresident operating privilege was suspended by the arresting 12,829
officer under division (D)(1)(a) of this section and the period 12,830
of the suspension, as determined under divisions (E)(1)(a) to (d) 12,831
of this section. The suspension shall be subject to appeal as 12,832
provided in this section and shall be for whichever of the 12,833
following periods applies: 12,834
(a) If the arrested person, within five years of the date 12,836
on which the person refused the request to consent to the 12,837
chemical test, had not refused a previous request to consent to a 12,839
chemical test of the person's blood, breath, or urine to 12,840
determine its alcohol content, the period of suspension shall be 12,842
297
one year. If the person is a resident without a license or 12,843
permit to operate a vehicle within this state, the registrar 12,844
shall deny to the person the issuance of a driver's or commercial 12,845
driver's license or permit for a period of one year after the 12,846
date of the alleged violation.
(b) If the arrested person, within five years of the date 12,848
on which the person refused the request to consent to the 12,849
chemical test, had refused one previous request to consent to a 12,851
chemical test of the person's blood, breath, or urine to 12,852
determine its alcohol content, the period of suspension or denial 12,854
shall be two years.
(c) If the arrested person, within five years of the date 12,856
on which the person refused the request to consent to the 12,857
chemical test, had refused two previous requests to consent to a 12,859
chemical test of the person's blood, breath, or urine to 12,860
determine its alcohol content, the period of suspension or denial 12,862
shall be three years.
(d) If the arrested person, within five years of the date 12,864
on which the person refused the request to consent to the 12,865
chemical test, had refused three or more previous requests to 12,867
consent to a chemical test of the person's blood, breath, or 12,868
urine to determine its alcohol content, the period of suspension 12,870
or denial shall be five years. 12,871
(2) The suspension or denial imposed under division (E)(1) 12,873
of this section shall continue for the entire one-year, two-year, 12,874
three-year, or five-year period, subject to appeal as provided in 12,875
this section and subject to termination as provided in division 12,876
(K) of this section. 12,877
(F) Upon receipt of the sworn report of an arresting 12,879
officer completed and sent to the registrar and a court pursuant 12,880
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 12,881
person whose test results indicate that the person's blood 12,882
contained a concentration of ten-hundredths of one per cent or 12,884
more by weight of alcohol, the person's breath contained a 12,885
298
concentration of ten-hundredths of one gram or more by weight of 12,886
alcohol per two hundred ten liters of the person's breath, or the 12,888
person's urine contained a concentration of fourteen-hundredths 12,889
of one gram or more by weight of alcohol per one hundred 12,890
milliliters of the person's urine at the time of the alleged 12,891
offense, the registrar shall enter into the registrar's records 12,892
the fact that the person's driver's or commercial driver's 12,894
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 12,895
this section and the period of the suspension, as determined 12,896
under divisions (F)(1) to (4) of this section. The suspension 12,897
shall be subject to appeal as provided in this section and shall 12,898
be for whichever of the following periods that applies: 12,899
(1) Except when division (F)(2), (3), or (4) of this 12,901
section applies and specifies a different period of suspension or 12,902
denial, the period of the suspension or denial shall be ninety 12,903
days.
(2) If THE PERIOD OF SUSPENSION OR DENIAL SHALL BE ONE 12,905
YEAR IF the person has been convicted, within six years of the 12,907
date the test was conducted, of one A violation of division ONE 12,909
OF THE FOLLOWING:
(a) DIVISION (A) or (B) of section 4511.19 of the Revised 12,911
Code, a; 12,912
(b) A municipal ordinance relating to operating a vehicle 12,914
while under the influence of alcohol, a drug of abuse, or alcohol 12,916
and a drug of abuse, a; 12,917
(c) A municipal ordinance relating to operating a vehicle 12,919
with a prohibited concentration of alcohol in the blood, breath, 12,920
or urine, section; 12,921
(d) SECTION 2903.04 of the Revised Code in a case in which 12,924
the offender was subject to the sanctions described in division 12,925
(D) of that section, or; 12,926
(e) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 12,929
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 12,930
299
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 12,931
(f) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 12,934
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 12,935
2903.07 of the Revised Code, or a municipal ordinance that is 12,936
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 12,937
section 2903.07 of the Revised Code, in a case in which the jury 12,939
or judge found that at the time of the commission of the offense 12,940
the offender was under the influence of alcohol, a drug of abuse, 12,941
or alcohol and a drug of abuse, or a;
(g) A statute of the United States or of any other state 12,944
or a municipal ordinance of a municipal corporation located in 12,945
any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, the period of the 12,946
suspension or denial shall be one year. 12,947
(3) If the person has been convicted, within six years of 12,949
the date the test was conducted, of two violations of a statute 12,950
or ordinance described in division (F)(2) of this section, the 12,952
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 12,954
the date the test was conducted, of more than two violations of a 12,955
statute or ordinance described in division (F)(2) of this 12,956
section, the period of the suspension or denial shall be three 12,957
years. 12,958
(G)(1) A suspension of a person's driver's or commercial 12,960
driver's license or permit or nonresident operating privilege 12,961
under division (D)(1)(a) of this section for the period of time 12,962
described in division (E) or (F) of this section is effective 12,963
immediately from the time at which the arresting officer serves 12,964
the notice of suspension upon the arrested person. Any 12,965
subsequent finding that the person is not guilty of the charge 12,966
that resulted in the person being requested to take, or in the 12,968
person taking, the chemical test or tests under division (A) of 12,969
this section affects the suspension only as described in division 12,970
(H)(2) of this section. 12,971
300
(2) If a person is arrested for operating a vehicle while 12,973
under the influence of alcohol, a drug of abuse, or alcohol and a 12,974
drug of abuse or for operating a vehicle with a prohibited 12,975
concentration of alcohol in the blood, breath, or urine and 12,976
regardless of whether the person's driver's or commercial 12,977
driver's license or permit or nonresident operating privilege is 12,978
or is not suspended under division (E) or (F) of this section, 12,979
the person's initial appearance on the charge resulting from the 12,980
arrest shall be held within five days of the person's arrest or 12,981
the issuance of the citation to the person, subject to any 12,982
continuance granted by the court pursuant to division (H)(1) of 12,984
this section regarding the issues specified in that division. 12,985
(H)(1) If a person is arrested for operating a vehicle 12,987
while under the influence of alcohol, a drug of abuse, or alcohol 12,988
and a drug of abuse or for operating a vehicle with a prohibited 12,989
concentration of alcohol in the blood, breath, or urine and if 12,990
the person's driver's or commercial driver's license or permit or 12,991
nonresident operating privilege is suspended under division (E) 12,992
or (F) of this section, the person may appeal the suspension at 12,993
the person's initial appearance on the charge resulting from the 12,996
arrest in the court in which the person will appear on that 12,997
charge. If the person appeals the suspension at the person's 12,998
initial appearance, the appeal does not stay the operation of the 12,999
suspension. Subject to division (H)(2) of this section, no court 13,000
has jurisdiction to grant a stay of a suspension imposed under 13,001
division (E) or (F) of this section, and any order issued by any 13,002
court that purports to grant a stay of any suspension imposed 13,003
under either of those divisions shall not be given administrative 13,004
effect.
If the person appeals the suspension at the person's 13,006
initial appearance, either the person or the registrar may 13,007
request a continuance of the appeal. Either the person or the 13,009
registrar shall make the request for a continuance of the appeal 13,010
at the same time as the making of the appeal. If either the 13,011
301
person or the registrar requests a continuance of the appeal, the 13,012
court may grant the continuance. The court also may continue the 13,013
appeal on its own motion. The granting of a continuance applies 13,014
only to the conduct of the appeal of the suspension and does not 13,015
extend the time within which the initial appearance must be 13,016
conducted, and the court shall proceed with all other aspects of 13,017
the initial appearance in accordance with its normal procedures. 13,018
Neither the request for nor the granting of a continuance stays 13,019
the operation of the suspension that is the subject of the 13,020
appeal.
If the person appeals the suspension at the person's 13,022
initial appearance, the scope of the appeal is limited to 13,023
determining whether one or more of the following conditions have 13,024
not been met: 13,025
(a) Whether the law enforcement officer had reasonable 13,027
ground to believe the arrested person was operating a vehicle 13,028
upon a highway or public or private property used by the public 13,029
for vehicular travel or parking within this state while under the 13,030
influence of alcohol, a drug of abuse, or alcohol and a drug of 13,031
abuse or with a prohibited concentration of alcohol in the blood, 13,032
breath, or urine and whether the arrested person was in fact 13,033
placed under arrest; 13,034
(b) Whether the law enforcement officer requested the 13,036
arrested person to submit to the chemical test designated 13,037
pursuant to division (A) of this section; 13,038
(c) Whether the arresting officer informed the arrested 13,040
person of the consequences of refusing to be tested or of 13,041
submitting to the test; 13,042
(d) Whichever of the following is applicable: 13,044
(i) Whether the arrested person refused to submit to the 13,046
chemical test requested by the officer; 13,047
(ii) Whether the chemical test results indicate that the 13,049
arrested person's blood contained a concentration of 13,050
ten-hundredths of one per cent or more by weight of alcohol, the 13,052
302
person's breath contained a concentration of ten-hundredths of 13,054
one gram or more by weight of alcohol per two hundred ten liters 13,055
of the person's breath, or the person's urine contained a 13,056
concentration of fourteen-hundredths of one gram or more by 13,058
weight of alcohol per one hundred milliliters of the person's 13,059
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 13,061
appearance, the judge or referee of the court or the mayor of the 13,062
mayor's court shall determine whether one or more of the 13,063
conditions specified in divisions (H)(1)(a) to (d) of this 13,064
section have not been met. The person who appeals the suspension 13,065
has the burden of proving, by a preponderance of the evidence, 13,066
that one or more of the specified conditions has not been met. 13,067
If during the appeal at the initial appearance the judge or 13,068
referee of the court or the mayor of the mayor's court determines 13,069
that all of those conditions have been met, the judge, referee, 13,070
or mayor shall uphold the suspension, shall continue the 13,071
suspension, and shall notify the registrar of the decision on a 13,072
form approved by the registrar. Except as otherwise provided in 13,073
division (H)(2) of this section, if the suspension is upheld or 13,074
if the person does not appeal the suspension at the person's 13,075
initial appearance under division (H)(1) of this section, the 13,076
suspension shall continue until the complaint alleging the 13,077
violation for which the person was arrested and in relation to 13,078
which the suspension was imposed is adjudicated on the merits by 13,079
the judge or referee of the trial court or by the mayor of the 13,080
mayor's court. If the suspension was imposed under division (E) 13,081
of this section and it is continued under this division, any 13,082
subsequent finding that the person is not guilty of the charge 13,083
that resulted in the person being requested to take the chemical 13,084
test or tests under division (A) of this section does not 13,085
terminate or otherwise affect the suspension. If the suspension 13,086
was imposed under division (F) of this section and it is 13,087
continued under this division, the suspension shall terminate if, 13,088
303
for any reason, the person subsequently is found not guilty of 13,089
the charge that resulted in the person taking the chemical test 13,090
or tests under division (A) of this section. 13,091
If, during the appeal at the initial appearance, the judge 13,093
or referee of the trial court or the mayor of the mayor's court 13,094
determines that one or more of the conditions specified in 13,095
divisions (H)(1)(a) to (d) of this section have not been met, the 13,096
judge, referee, or mayor shall terminate the suspension, subject 13,097
to the imposition of a new suspension under division (B) of 13,098
section 4511.196 of the Revised Code; shall notify the registrar 13,099
of the decision on a form approved by the registrar; and, except 13,100
as provided in division (B) of section 4511.196 of the Revised 13,102
Code, shall order the registrar to return the driver's or 13,103
commercial driver's license or permit to the person or to take 13,104
such measures as may be necessary, if the license or permit was 13,105
destroyed under section 4507.55 of the Revised Code, to permit 13,106
the person to obtain a replacement driver's or commercial 13,107
driver's license or permit from the registrar or a deputy 13,108
registrar in accordance with that section. The court also shall 13,109
issue to the person a court order, valid for not more than ten 13,110
days from the date of issuance, granting the person operating 13,111
privileges for that period of time.
If the person appeals the suspension at the initial 13,113
appearance, the registrar shall be represented by the prosecuting 13,114
attorney of the county in which the arrest occurred if the 13,115
initial appearance is conducted in a juvenile court or county 13,116
court, except that if the arrest occurred within a city or 13,117
village within the jurisdiction of the county court in which the 13,118
appeal is conducted, the city director of law or village 13,119
solicitor of that city or village shall represent the registrar. 13,120
If the appeal is conducted in a municipal court, the registrar 13,121
shall be represented as provided in section 1901.34 of the 13,122
Revised Code. If the appeal is conducted in a mayor's court, the 13,123
registrar shall be represented by the city director of law, 13,124
304
village solicitor, or other chief legal officer of the municipal 13,125
corporation that operates that mayor's court. 13,126
(I)(1) If (a) A PERSON IS NOT ENTITLED TO REQUEST, AND A 13,129
COURT SHALL NOT GRANT TO THE PERSON, OCCUPATIONAL DRIVING 13,130
PRIVILEGES UNDER DIVISION (I)(1) OF THIS SECTION IF a person's 13,132
driver's or commercial driver's license or permit or nonresident 13,133
operating privilege has been suspended pursuant to division (E) 13,134
of this section, and the person, within the preceding seven 13,135
years, has refused three previous requests to consent to a 13,136
chemical test of the person's blood, breath, or urine to 13,137
determine its alcohol content or has been convicted of or pleaded 13,138
guilty to three or more violations of division ONE OR MORE OF THE 13,139
FOLLOWING:
(i) DIVISION (A) or (B) of section 4511.19 of the Revised 13,141
Code, a; 13,142
(ii) A municipal ordinance relating to operating a vehicle 13,145
while under the influence of alcohol, a drug of abuse, or alcohol 13,146
and a drug of abuse, a; 13,147
(iii) A municipal ordinance relating to operating a 13,149
vehicle with a prohibited concentration of alcohol in the blood, 13,150
breath, or urine, section; 13,151
(iv) SECTION 2903.04 of the Revised Code in a case in 13,153
which the person was subject to the sanctions described in 13,154
division (D) of that section, or; 13,155
(v) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 13,158
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 13,159
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 13,160
(vi) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 13,163
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 13,164
2903.07 of the Revised Code, or a municipal ordinance that is 13,165
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 13,166
section 2903.07 of the Revised Code, in a case in which the jury 13,168
or judge found that the person was under the influence of 13,169
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a; 13,170
305
(vii) A statute of the United States or of any other state 13,173
or a municipal ordinance of a municipal corporation located in 13,174
any other state that is substantially similar to division (A) or 13,175
(B) of section 4511.19 of the Revised Code, the person is not 13,176
entitled to request, and the court shall not grant to the person, 13,177
occupational driving privileges under this division. Any 13,178
(b) ANY other person WHO IS NOT DESCRIBED IN DIVISION 13,181
(I)(1)(a) OF THIS SECTION AND whose driver's or commercial 13,182
driver's license or nonresident operating privilege has been 13,183
suspended pursuant to division (E) of this section may file a 13,184
petition requesting occupational driving privileges in the common 13,185
pleas court, municipal court, county court, mayor's court, or, if 13,186
the person is a minor, juvenile court with jurisdiction over the 13,188
related criminal or delinquency case. The petition may be filed 13,189
at any time subsequent to the date on which the notice of 13,190
suspension is served upon the arrested person. The person shall 13,191
pay the costs of the proceeding, notify the registrar of the 13,192
filing of the petition, and send the registrar a copy of the 13,193
petition.
In the proceedings, the registrar shall be represented by 13,195
the prosecuting attorney of the county in which the arrest 13,196
occurred if the petition is filed in the juvenile court, county 13,197
court, or common pleas court, except that, if the arrest occurred 13,198
within a city or village within the jurisdiction of the county 13,200
court in which the petition is filed, the city director of law or 13,201
village solicitor of that city or village shall represent the 13,202
registrar. If the petition is filed in the municipal court, the 13,203
registrar shall be represented as provided in section 1901.34 of 13,204
the Revised Code. If the petition is filed in a mayor's court, 13,205
the registrar shall be represented by the city director of law, 13,206
village solicitor, or other chief legal officer of the municipal 13,207
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 13,209
suspension would seriously affect the person's ability to 13,210
306
continue in the person's employment, may grant the person 13,211
occupational driving privileges during the period of suspension 13,213
imposed pursuant to division (E) of this section, subject to the 13,214
limitations contained in this division and division (I)(2) of 13,215
this section. The court may grant the occupational driving 13,216
privileges, subject to the limitations contained in this division 13,217
and division (I)(2) of this section, regardless of whether the 13,218
person appeals the suspension at the person's initial appearance 13,220
under division (H)(1) of this section or appeals the decision of 13,221
the court made pursuant to the appeal conducted at the initial 13,222
appearance, and, if the person has appealed the suspension or 13,223
decision, regardless of whether the matter at issue has been 13,224
heard or decided by the court. The court shall not grant 13,225
occupational driving privileges to any person who, within seven 13,226
years of the filing of the petition, has refused three previous 13,227
requests to consent to a chemical test of the person's blood, 13,229
breath, or urine to determine its alcohol content or has been 13,230
convicted of or pleaded guilty to three or more violations of 13,231
division (A) or (B) of section 4511.19 of the Revised Code, a 13,232
municipal ordinance relating to operating a vehicle while under 13,233
the influence of alcohol, a drug of abuse, or alcohol and a drug 13,234
of abuse, a municipal ordinance relating to operating a vehicle 13,235
with a prohibited concentration of alcohol in the blood, breath, 13,236
or urine, section 2903.04 of the Revised Code in a case in which 13,237
the person was subject to the sanctions described in division (D) 13,238
of that section, or section 2903.06, 2903.07, or 2903.08 of the 13,239
Revised Code or a municipal ordinance that is substantially 13,240
similar to section 2903.07 of the Revised Code in a case in which 13,241
the jury or judge found that the person was under the influence 13,242
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 13,243
statute of the United States or of any other state or a municipal 13,244
ordinance of a municipal corporation located in any other state 13,245
that is substantially similar to division (A) or (B) of section 13,246
4511.19 of the Revised Code, and shall not grant occupational 13,247
307
driving privileges for employment as a driver of commercial motor 13,248
vehicles to any person who is disqualified from operating a 13,249
commercial motor vehicle under section 2301.374 or 4506.16 of the 13,250
Revised Code.
(2)(a) In granting occupational driving privileges under 13,252
division (I)(1) of this section, the court may impose any 13,253
condition it considers reasonable and necessary to limit the use 13,254
of a vehicle by the person. The court shall deliver to the 13,255
person a permit card, in a form to be prescribed by the court, 13,256
setting forth the time, place, and other conditions limiting the 13,257
defendant's use of a vehicle. The grant of occupational driving 13,258
privileges shall be conditioned upon the person's having the 13,259
permit in the person's possession at all times during which the 13,261
person is operating a vehicle. 13,262
A person granted occupational driving privileges who 13,264
operates a vehicle for other than occupational purposes, in 13,265
violation of any condition imposed by the court, or without 13,266
having the permit in the person's possession, is guilty of a 13,267
violation of section 4507.02 of the Revised Code. 13,269
(b) The court may not grant a person occupational driving 13,271
privileges under division (I)(1) of this section when prohibited 13,272
by a limitation contained in that division or during any of the 13,273
following periods of time: 13,274
(i) The first thirty days of suspension imposed upon a 13,276
person who, within five years of the date on which the person 13,277
refused the request to consent to a chemical test of the person's 13,279
blood, breath, or urine to determine its alcohol content and for 13,281
which refusal the suspension was imposed, had not refused a 13,282
previous request to consent to a chemical test of the person's 13,283
blood, breath, or urine to determine its alcohol content; 13,285
(ii) The first ninety days of suspension imposed upon a 13,287
person who, within five years of the date on which the person 13,288
refused the request to consent to a chemical test of the person's 13,290
blood, breath, or urine to determine its alcohol content and for 13,292
308
which refusal the suspension was imposed, had refused one 13,293
previous request to consent to a chemical test of the person's 13,294
blood, breath, or urine to determine its alcohol content; 13,296
(iii) The first year of suspension imposed upon a person 13,298
who, within five years of the date on which the person refused 13,300
the request to consent to a chemical test of the person's blood, 13,302
breath, or urine to determine its alcohol content and for which 13,303
refusal the suspension was imposed, had refused two previous 13,304
requests to consent to a chemical test of the person's blood, 13,305
breath, or urine to determine its alcohol content; 13,307
(iv) The first three years of suspension imposed upon a 13,309
person who, within five years of the date on which the person 13,310
refused the request to consent to a chemical test of the person's 13,312
blood, breath, or urine to determine its alcohol content and for 13,314
which refusal the suspension was imposed, had refused three or 13,315
more previous requests to consent to a chemical test of the 13,316
person's blood, breath, or urine to determine its alcohol 13,318
content.
(3) The court shall give information in writing of any 13,320
action taken under this section to the registrar. 13,321
(4) If a person's driver's or commercial driver's license 13,323
or permit or nonresident operating privilege has been suspended 13,324
pursuant to division (F) of this section, and the person, within 13,325
the preceding seven years, has been convicted of or pleaded 13,326
guilty to three or more violations of division (A) or (B) of 13,327
section 4511.19 of the Revised Code, a municipal ordinance 13,328
relating to operating a vehicle while under the influence of 13,329
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 13,330
municipal ordinance relating to operating a vehicle with a 13,331
prohibited concentration of alcohol in the blood, breath, or 13,332
urine, section 2903.04 of the Revised Code in a case in which the 13,333
person was subject to the sanctions described in division (D) of 13,334
that section, or section 2903.06, 2903.07, or 2903.08 of the 13,335
Revised Code or a municipal ordinance that is substantially 13,336
309
similar to section 2903.07 of the Revised Code in a case in which 13,337
the jury or judge found that the person was under the influence 13,338
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 13,339
statute of the United States or of any other state or a municipal 13,340
ordinance of a municipal corporation located in any other state 13,342
that is substantially similar to division (A) or (B) of section 13,343
4511.19 of the Revised Code, the person is not entitled to 13,344
request, and the court shall not grant to the person, 13,345
occupational driving privileges under this division. Any other 13,346
person whose driver's or commercial driver's license or 13,347
nonresident operating privilege has been suspended pursuant to 13,348
division (F) of this section may file in the court specified in 13,349
division (I)(1)(b) of this section a petition requesting 13,350
occupational driving privileges in accordance with section 13,351
4507.16 of the Revised Code. The petition may be filed at any 13,352
time subsequent to the date on which the arresting officer serves 13,353
the notice of suspension upon the arrested person. Upon the 13,354
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 13,355
The court may grant the occupational driving privileges, subject 13,356
to the limitations contained in section 4507.16 of the Revised 13,357
Code, regardless of whether the person appeals the suspension at 13,358
the person's initial appearance under division (H)(1) of this 13,360
section or appeals the decision of the court made pursuant to the 13,361
appeal conducted at the initial appearance, and, if the person 13,362
has appealed the suspension or decision, regardless of whether 13,363
the matter at issue has been heard or decided by the court. 13,364
(J) When it finally has been determined under the 13,366
procedures of this section that a nonresident's privilege to 13,367
operate a vehicle within this state has been suspended, the 13,368
registrar shall give information in writing of the action taken 13,369
to the motor vehicle administrator of the state of the person's 13,370
residence and of any state in which the person has a license. 13,371
(K) A suspension of the driver's or commercial driver's 13,373
310
license or permit of a resident, a suspension of the operating 13,374
privilege of a nonresident, or a denial of a driver's or 13,375
commercial driver's license or permit pursuant to division (E) or 13,377
(F) of this section shall be terminated by the registrar upon 13,379
receipt of notice of the person's entering a plea of guilty to, 13,380
or of the person's conviction of, operating a vehicle while under 13,382
the influence of alcohol, a drug of abuse, or alcohol and a drug 13,383
of abuse or with a prohibited concentration of alcohol in the 13,384
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 13,385
incident that led to the suspension or denial. 13,386
The registrar shall credit against any judicial suspension 13,388
of a person's driver's or commercial driver's license or permit 13,389
or nonresident operating privilege imposed pursuant to division 13,390
(B) or (E) of section 4507.16 of the Revised Code any time during 13,391
which the person serves a related suspension imposed pursuant to 13,392
division (E) or (F) of this section. 13,393
(L) At the end of a suspension period under this section, 13,395
section 4511.196, or division (B) of section 4507.16 of the 13,396
Revised Code and upon the request of the person whose driver's or 13,397
commercial driver's license or permit was suspended and who is 13,398
not otherwise subject to suspension, revocation, or 13,399
disqualification, the registrar shall return the driver's or 13,400
commercial driver's license or permit to the person upon the 13,401
person's compliance with all of the conditions specified in 13,403
divisions (L)(1) and (2) of this section: 13,404
(1) A showing by the person that the person has proof of 13,406
financial responsibility, a policy of liability insurance in 13,408
effect that meets the minimum standards set forth in section 13,409
4509.51 of the Revised Code, or proof, to the satisfaction of the 13,410
registrar, that the person is able to respond in damages in an 13,411
amount at least equal to the minimum amounts specified in section 13,412
4509.51 of the Revised Code. 13,413
(2) Subject to the limitation contained in division (L)(3) 13,416
311
of this section, payment by the person of a license reinstatement 13,417
fee of four hundred five dollars to the bureau of motor vehicles, 13,420
which fee shall be deposited in the state treasury and credited 13,421
as follows: 13,422
(a) One hundred twelve dollars and fifty cents shall be 13,425
credited to the statewide treatment and prevention fund created 13,426
by section 4301.30 of the Revised Code. The fund shall be used 13,428
to pay the costs of driver treatment and intervention programs 13,429
operated pursuant to sections 3793.02 and 3793.10 of the Revised 13,430
Code. The director of alcohol and drug addiction services shall 13,431
determine the share of the fund that is to be allocated to 13,432
alcohol and drug addiction programs authorized by section 3793.02 13,433
of the Revised Code, and the share of the fund that is to be 13,434
allocated to drivers' intervention programs authorized by section 13,435
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 13,437
reparations fund created by section 2743.191 of the Revised Code. 13,439
(c) Thirty-seven dollars and fifty cents shall be credited 13,442
to the indigent drivers alcohol treatment fund, which is hereby 13,443
established. Except as otherwise provided in division (L)(2)(c) 13,445
of this section, moneys in the fund shall be distributed by the 13,446
department of alcohol and drug addiction services to the county 13,447
indigent drivers alcohol treatment funds, the county juvenile 13,448
indigent drivers alcohol treatment funds, and the municipal 13,449
indigent drivers alcohol treatment funds that are required to be 13,450
established by counties and municipal corporations pursuant to 13,451
division (N) of this section, and shall be used only to pay the 13,452
cost of an alcohol and drug addiction treatment program attended 13,453
by an offender or juvenile traffic offender who is ordered to 13,454
attend an alcohol and drug addiction treatment program by a 13,455
county, juvenile, or municipal court judge and who is determined 13,456
by the county, juvenile, or municipal court judge not to have the 13,457
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 13,458
312
that division. Moneys in the fund that are not distributed to a 13,460
county indigent drivers alcohol treatment fund, a county juvenile 13,461
indigent drivers alcohol treatment fund, or a municipal indigent 13,462
drivers alcohol treatment fund under division (N) of this section 13,463
because the director of alcohol and drug addiction services does 13,464
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 13,465
arrested may be transferred by the director of budget and 13,466
management to the statewide treatment and prevention fund created 13,468
by section 4301.30 of the Revised Code, upon certification of the 13,469
amount by the director of alcohol and drug addiction services. 13,471
(d) Seventy-five dollars shall be credited to the Ohio 13,473
rehabilitation services commission established by section 3304.12 13,474
of the Revised Code, to the services for rehabilitation fund, 13,475
which is hereby established. The fund shall be used to match 13,476
available federal matching funds where appropriate, and for any 13,477
other purpose or program of the commission to rehabilitate people 13,478
with disabilities to help them become employed and independent. 13,479
(e) Seventy-five dollars shall be deposited into the state 13,482
treasury and credited to the drug abuse resistance education 13,483
programs fund, which is hereby established, to be used by the 13,484
attorney general for the purposes specified in division (L)(4) of 13,486
this section.
(f) Thirty dollars shall be credited to the state bureau 13,488
of motor vehicles fund created by section 4501.25 of the Revised 13,489
Code.
(3) If a person's driver's or commercial driver's license 13,491
or permit is suspended under division (E) or (F) of this section, 13,493
section 4511.196, or division (B) of section 4507.16 of the 13,494
Revised Code, or any combination of the suspensions described in 13,495
division (L)(3) of this section, and if the suspensions arise 13,496
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 13,497
required to pay to the bureau, only one reinstatement fee of four 13,498
313
hundred five dollars. The reinstatement fee shall be distributed 13,499
by the bureau in accordance with division (L)(2) of this section. 13,500
(4) The attorney general shall use amounts in the drug 13,502
abuse resistance education programs fund to award grants to law 13,503
enforcement agencies to establish and implement drug abuse 13,504
resistance education programs in public schools. Grants awarded 13,505
to a law enforcement agency under division (L)(2)(e) of this 13,506
section shall be used by the agency to pay for not more than 13,507
fifty per cent of the amount of the salaries of law enforcement 13,508
officers who conduct drug abuse resistance education programs in 13,509
public schools. The attorney general shall not use more than six 13,510
per cent of the amounts the attorney general's office receives 13,512
under division (L)(2)(e) of this section to pay the costs it 13,513
incurs in administering the grant program established by division 13,514
(L)(2)(e) of this section and in providing training and materials 13,515
relating to drug abuse resistance education programs. 13,516
The attorney general shall report to the governor and the 13,518
general assembly each fiscal year on the progress made in 13,519
establishing and implementing drug abuse resistance education 13,520
programs. These reports shall include an evaluation of the 13,521
effectiveness of these programs. 13,522
(M) Suspension of a commercial driver's license under 13,524
division (E) or (F) of this section shall be concurrent with any 13,525
period of disqualification under section 2301.374 or 4506.16 of 13,526
the Revised Code. No person who is disqualified for life from 13,527
holding a commercial driver's license under section 4506.16 of 13,528
the Revised Code shall be issued a driver's license under Chapter 13,529
4507. of the Revised Code during the period for which the 13,530
commercial driver's license was suspended under division (E) or 13,531
(F) of this section, and no person whose commercial driver's 13,532
license is suspended under division (E) or (F) of this section 13,533
shall be issued a driver's license under that chapter during the 13,534
period of the suspension. 13,535
(N)(1) Each county shall establish an indigent drivers 13,537
314
alcohol treatment fund, each county shall establish a juvenile 13,538
indigent drivers alcohol treatment fund, and each municipal 13,539
corporation in which there is a municipal court shall establish 13,540
an indigent drivers alcohol treatment fund. All revenue that the 13,541
general assembly appropriates to the indigent drivers alcohol 13,542
treatment fund for transfer to a county indigent drivers alcohol 13,543
treatment fund, a county juvenile indigent drivers alcohol 13,544
treatment fund, or a municipal indigent drivers alcohol treatment 13,545
fund, all portions of fees that are paid under division (L) of 13,546
this section and that are credited under that division to the 13,547
indigent drivers alcohol treatment fund in the state treasury for 13,548
a county indigent drivers alcohol treatment fund, a county 13,549
juvenile indigent drivers alcohol treatment fund, or a municipal 13,550
indigent drivers alcohol treatment fund, and all portions of 13,551
fines that are specified for deposit into a county or municipal 13,552
indigent drivers alcohol treatment fund by section 4511.193 of 13,553
the Revised Code shall be deposited into that county indigent 13,554
drivers alcohol treatment fund, county juvenile indigent drivers 13,555
alcohol treatment fund, or municipal indigent drivers alcohol 13,556
treatment fund in accordance with division (N)(2) of this 13,557
section. Additionally, all portions of fines that are paid for a 13,558
violation of section 4511.19 of the Revised Code or division 13,559
(B)(2) of section 4507.02 of the Revised Code, and that are 13,560
required under division (A)(1) or (2) of section 4511.99 or 13,561
division (B)(5) of section 4507.99 of the Revised Code to be 13,562
deposited into a county indigent drivers alcohol treatment fund 13,563
or municipal indigent drivers alcohol treatment fund shall be 13,564
deposited into the appropriate fund in accordance with the 13,565
applicable division. 13,566
(2) That portion of the license reinstatement fee that is 13,568
paid under division (L) of this section and that is credited 13,569
under that division to the indigent drivers alcohol treatment 13,570
fund shall be deposited into a county indigent drivers alcohol 13,571
treatment fund, a county juvenile indigent drivers alcohol 13,572
315
treatment fund, or a municipal indigent drivers alcohol treatment 13,573
fund as follows: 13,574
(a) If the suspension in question was imposed under this 13,576
section, that portion of the fee shall be deposited as follows: 13,577
(i) If the fee is paid by a person who was charged in a 13,579
county court with the violation that resulted in the suspension, 13,580
the portion shall be deposited into the county indigent drivers 13,581
alcohol treatment fund under the control of that court; 13,582
(ii) If the fee is paid by a person who was charged in a 13,584
juvenile court with the violation that resulted in the 13,585
suspension, the portion shall be deposited into the county 13,586
juvenile indigent drivers alcohol treatment fund established in 13,587
the county served by the court; 13,588
(iii) If the fee is paid by a person who was charged in a 13,590
municipal court with the violation that resulted in the 13,591
suspension, the portion shall be deposited into the municipal 13,592
indigent drivers alcohol treatment fund under the control of that 13,593
court. 13,594
(b) If the suspension in question was imposed under 13,596
division (B) of section 4507.16 of the Revised Code, that portion 13,597
of the fee shall be deposited as follows: 13,598
(i) If the fee is paid by a person whose license or permit 13,600
was suspended by a county court, the portion shall be deposited 13,601
into the county indigent drivers alcohol treatment fund under the 13,602
control of that court; 13,603
(ii) If the fee is paid by a person whose license or 13,605
permit was suspended by a municipal court, the portion shall be 13,606
deposited into the municipal indigent drivers alcohol treatment 13,607
fund under the control of that court. 13,608
(3) Expenditures from a county indigent drivers alcohol 13,610
treatment fund, a county juvenile indigent drivers alcohol 13,611
treatment fund, or a municipal indigent drivers alcohol treatment 13,612
fund shall be made only upon the order of a county, juvenile, or 13,613
municipal court judge and only for payment of the cost of the 13,614
316
attendance at an alcohol and drug addiction treatment program of 13,615
a person who is convicted of, or found to be a juvenile traffic 13,616
offender by reason of, a violation of division (A) of section 13,617
4511.19 of the Revised Code or a substantially similar municipal 13,618
ordinance, who is ordered by the court to attend the alcohol and 13,619
drug addiction treatment program, and who is determined by the 13,620
court to be unable to pay the cost of attendance at the treatment 13,622
program or for payment of the costs specified in division (N)(4) 13,623
of this section in accordance with that division. The alcohol 13,624
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 13,626
section 340.02 or 340.021 of the Revised Code and serving the 13,628
alcohol, drug addiction, and mental health service district in 13,629
which the court is located shall administer the indigent drivers 13,630
alcohol treatment program of the court. When a court orders an 13,631
offender or juvenile traffic offender to attend an alcohol and 13,632
drug addiction treatment program, the board shall determine which 13,633
program is suitable to meet the needs of the offender or juvenile 13,634
traffic offender, and when a suitable program is located and 13,635
space is available at the program, the offender or juvenile 13,636
traffic offender shall attend the program designated by the 13,637
board. A reasonable amount not to exceed five per cent of the 13,638
amounts credited to and deposited into the county indigent 13,639
drivers alcohol treatment fund, the county juvenile indigent 13,640
drivers alcohol treatment fund, or the municipal indigent drivers 13,641
alcohol treatment fund serving every court whose program is 13,642
administered by that board shall be paid to the board to cover 13,643
the costs it incurs in administering those indigent drivers 13,644
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 13,646
in consultation with the alcohol and drug addiction services 13,647
board or the board of alcohol, drug addiction, and mental health 13,648
services established pursuant to section 340.02 or 340.021 of the 13,649
Revised Code and serving the alcohol, drug addiction, and mental 13,651
317
health district in which the court is located, that the funds in 13,652
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 13,653
municipal indigent drivers alcohol treatment fund under the 13,654
control of the court are more than sufficient to satisfy the 13,655
purpose for which the fund was established, as specified in 13,656
divisions (N)(1) to (3) of this section, the court may declare a 13,657
surplus in the fund. If the court declares a surplus in the 13,658
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 13,659
who are charged in the court with committing a criminal offense 13,660
or with being a delinquent child or juvenile traffic offender and 13,661
in relation to whom both of the following apply: 13,662
(a) The court determines that substance abuse was a 13,664
contributing factor leading to the criminal or delinquent 13,665
activity or the juvenile traffic offense with which the person is 13,666
charged.
(b) The court determines that the person is unable to pay 13,669
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 13,670
Sec. 4511.193. (A) Twenty-five dollars of any fine 13,680
imposed for a violation of a municipal ordinance relating to 13,681
operating a vehicle while under the influence of alcohol, a drug 13,682
of abuse, or alcohol and a drug of abuse or relating to operating 13,683
a vehicle with a prohibited concentration of alcohol in the 13,684
blood, breath, or urine shall be deposited into the municipal or 13,685
county indigent drivers alcohol treatment fund created pursuant 13,686
to division (N) of section 4511.191 of the Revised Code in 13,687
accordance with this section and section 733.40, divisions (A) 13,688
and (B) of section 1901.024, division (F) of section 1901.31, or 13,689
division (C) of section 1907.20 of the Revised Code. Regardless 13,690
of whether the fine is imposed by a municipal court, a mayor's 13,691
court, or a juvenile court, if the fine was imposed for a 13,692
violation of an ordinance of a municipal corporation that is 13,693
318
within the jurisdiction of a municipal court, the twenty-five 13,694
dollars that is subject to this section shall be deposited into 13,695
the indigent drivers alcohol treatment fund of the municipal 13,696
corporation in which is located the municipal court that has 13,697
jurisdiction over that municipal corporation. Regardless of 13,698
whether the fine is imposed by a county court, a mayor's court, 13,699
or a juvenile court, if the fine was imposed for a violation of 13,700
an ordinance of a municipal corporation that is within the 13,701
jurisdiction of a county court, the twenty-five dollars that is 13,702
subject to this section shall be deposited into the indigent 13,703
drivers alcohol treatment fund of the county in which is located 13,704
the county court that has jurisdiction over that municipal 13,705
corporation. The deposit shall be made in accordance with 13,706
section 733.40, divisions (A) and (B) of section 1901.024, 13,707
division (F) of section 1901.31, or division (C) of section 13,708
1907.20 of the Revised Code. 13,709
(B)(1) The requirements and sanctions imposed by divisions 13,711
(B)(1) and (2) of this section are an adjunct to and derive from 13,712
the state's exclusive authority over the registration and titling 13,713
of motor vehicles and do not comprise a part of the criminal 13,714
sentence to be imposed upon a person who violates a municipal 13,715
ordinance relating to operating a vehicle while under the 13,716
influence of alcohol, a drug of abuse, or alcohol and a drug of 13,717
abuse or relating to operating a vehicle with a prohibited 13,718
concentration of alcohol in the blood, breath, or urine. 13,719
(2) If (a) THE COURT SHALL FOLLOW DIVISION (B)(2)(b) OF 13,722
THIS SECTION IF a person is convicted of or pleads guilty to a 13,723
municipal ordinance relating to operating a vehicle while under 13,724
the influence of alcohol, a drug of abuse, or alcohol and a drug 13,725
of abuse or relating to operating a vehicle with a prohibited 13,726
concentration of alcohol in the blood, breath, or urine and IF 13,727
THE CIRCUMSTANCES DESCRIBED IN DIVISION (B)(2)(b)(iii) APPLY OR 13,729
if, within the period of time specified in division (B)(2)(a), 13,731
(b)(i), (ii), or (c)(iii) of this section, the offender has been 13,732
319
convicted of or pleaded guilty to any violation of section THE 13,733
FOLLOWING: 13,734
(i) SECTION 4511.19 of the Revised Code, a; 13,736
(ii) A municipal ordinance relating to operating a vehicle 13,739
while under the influence of alcohol, a drug of abuse, or alcohol 13,740
and a drug of abuse, a;
(iii) A municipal ordinance relating to operating a 13,743
vehicle with a prohibited concentration of alcohol in the blood, 13,744
breath, or urine, section;
(iv) SECTION 2903.04 of the Revised Code in a case in 13,747
which the offender was subject to the sanctions described in 13,748
division (D) of that section,;
(v) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 13,751
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 13,752
(vi) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 13,755
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 13,756
2903.07 of the Revised Code, or a municipal ordinance that is 13,758
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 13,759
section 2903.07 of the Revised Code, in a case in which the jury 13,760
or judge found that the offender was under the influence of 13,761
alcohol, a drug of abuse, or alcohol and a drug of abuse, a; 13,762
(vii) A statute of the United States or of any other state 13,765
or a municipal ordinance of a municipal corporation located in 13,766
any other state that is substantially similar to division (A) or 13,767
(B) of section 4511.19 of the Revised Code, or if the other. 13,768
IF THE circumstances described in division (B)(2)(c)(b) of 13,771
this section apply, the court, in addition to and independent of 13,773
any sentence that it imposes upon the offender for the offense, 13,774
regardless of whether the vehicle the offender was operating at 13,775
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 13,776
the Revised Code, shall do whichever of the following is 13,777
applicable: 13,778
320
(a)(i) Except as otherwise provided in division 13,781
(B)(2)(c)(b)(iii) of this section, if, within six years of the 13,782
current offense, the offender has been convicted of or pleaded 13,783
guilty to one violation described in division (B)(2)(a) of this 13,784
section, the court shall order the immobilization for ninety days 13,785
of the vehicle the offender was operating at the time of the 13,786
offense and the impoundment for ninety days of the license plates 13,787
of that vehicle. The order for the immobilization and 13,788
impoundment shall be issued and enforced in accordance with 13,789
section 4503.233 of the Revised Code. 13,790
(b)(ii) Except as otherwise provided in division 13,793
(B)(2)(c)(b)(iii) of this section, if, within six years of the 13,794
current offense, the offender has been convicted of or pleaded 13,795
guilty to two violations described in division (B)(2)(a) of this 13,796
section, the court shall order the immobilization for one hundred 13,797
eighty days of the vehicle the offender was operating at the time 13,798
of the offense and the impoundment for one hundred eighty days of 13,799
the license plates of that vehicle. The order for the 13,800
immobilization and impoundment shall be issued and enforced in 13,801
accordance with section 4503.233 of the Revised Code. 13,802
(c)(iii) If, within six years of the current offense, the 13,804
offender has been convicted of or pleaded guilty to three or more 13,805
violations described in division (B)(2)(a) of this section, or if 13,806
the offender previously has been convicted of or pleaded guilty 13,808
to a violation of division (A) of section 4511.19 of the Revised 13,809
Code under circumstances in which the violation was a felony and 13,810
regardless of when the violation and the conviction or guilty 13,811
plea occurred, the court shall order the criminal forfeiture to 13,812
the state of the vehicle the offender was operating at the time 13,813
of the offense. The order of criminal forfeiture shall be issued 13,814
and enforced in accordance with section 4503.234 of the Revised 13,815
Code.
Sec. 4511.195. (A) As used in this section: 13,824
(1) "Vehicle operator" means a person who is operating a 13,826
321
vehicle at the time it is seized under division (B) of this 13,827
section. 13,828
(2) "Vehicle owner" means either of the following: 13,830
(a) The person in whose name is registered, at the time of 13,833
the seizure, a vehicle that is seized under division (B) of this 13,834
section;
(b) A person to whom the certificate of title to a vehicle 13,836
that is seized under division (B) of this section has been 13,837
assigned and who has not obtained a certificate of title to the 13,838
vehicle in that person's name, but who is deemed by the court as 13,839
being the owner of the vehicle at the time the vehicle was seized 13,840
under division (B) of this section.
(3) "Municipal OMVI ordinance" means any municipal 13,842
ordinance prohibiting the operation of a vehicle while under the 13,843
influence of alcohol, a drug of abuse, or alcohol and a drug of 13,844
abuse or prohibiting the operation of a vehicle with a prohibited 13,845
concentration of alcohol in the blood, breath, or urine. 13,846
(4) "Interested party" includes the owner of a vehicle 13,849
seized under this section, all lienholders, the defendant, the 13,850
owner of the place of storage at which a vehicle seized under 13,851
this section is stored, and the person or entity that caused the 13,852
vehicle to be removed. 13,853
(B)(1) If a THE ARRESTING OFFICER OR ANOTHER OFFICER OF 13,856
THE LAW ENFORCEMENT AGENCY THAT EMPLOYS THE ARRESTING OFFICER, IN 13,857
ADDITION TO ANY ACTION THAT THE ARRESTING OFFICER IS REQUIRED OR 13,858
AUTHORIZED TO TAKE BY SECTION 4511.191 OF THE REVISED CODE OR BY 13,859
ANY OTHER PROVISION OF LAW, SHALL SEIZE THE VEHICLE THAT A PERSON 13,860
WAS OPERATING AT THE TIME OF THE ALLEGED OFFENSE AND ITS LICENSE 13,861
PLATES IF EITHER OF THE FOLLOWING APPLY: 13,862
(a) THE person is arrested for a violation of division (A) 13,866
of section 4511.19 of the Revised Code or of a municipal OMVI
ordinance and, within six years of the alleged violation, the 13,868
person previously has been convicted of or pleaded guilty to one
or more violations of division THE FOLLOWING: 13,869
322
(i) DIVISION (A) or (B) of section 4511.19 of the Revised 13,872
Code, a;
(ii) A municipal OMVI ordinance, section; 13,875
(iii) SECTION 2903.04 of the Revised Code in a case in 13,878
which the offender was subject to the sanctions described in 13,879
division (D) of that section, or;
(iv) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 13,882
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 13,883
(v) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 13,885
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 13,887
2903.07 of the Revised Code, or a municipal ordinance that is 13,889
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 13,890
section 2903.07 of the Revised Code, in a case in which the jury 13,891
or judge found that the offender was under the influence of 13,893
alcohol, a drug of abuse, or alcohol and a drug of abuse, a; 13,894
(vi) A statute of the United States or of any other state 13,897
or a municipal ordinance of a municipal corporation located in 13,898
any other state that is substantially similar to division (A) or 13,899
(B) of section 4511.19 of the Revised Code, or if a. 13,900
(b) THE person is arrested for a violation of division (A) 13,903
of section 4511.19 of the Revised Code or of a municipal OMVI 13,905
ordinance and the person previously has been convicted of or 13,906
pleaded guilty to a violation of division (A) of section 4511.19 13,907
of the Revised Code under circumstances in which the violation
was a felony, regardless of when the prior felony violation of 13,909
division (A) of section 4511.19 of the Revised Code and the 13,910
conviction or guilty plea occurred, the arresting officer or
another officer of the law enforcement agency that employs the 13,912
arresting officer, in addition to any action that the arresting 13,913
officer is required or authorized to take by section 4511.191 of 13,914
the Revised Code or by any other provision of law, shall seize 13,915
the vehicle that the person was operating at the time of the 13,916
alleged offense and its license plates. Except. 13,917
323
(2) EXCEPT as otherwise provided in this division (B) OF 13,920
THIS SECTION, the officer MAKING AN ARREST OF THE TYPE DESCRIBED 13,921
IN DIVISION (B)(1) OF THIS SECTION shall seize the vehicle and 13,924
its license plates regardless of whether the vehicle is 13,925
registered in the name of the person who was operating it or in 13,926
the name of another person or entity. This section does not
apply to or affect any rented or leased vehicle that is being 13,927
rented or leased for a period of thirty days or less, except that 13,929
a law enforcement agency that employs a law enforcement officer 13,930
who makes an arrest of a type that is described in division 13,931
(B)(1) of this section and that involves a rented or leased 13,932
vehicle of this type shall notify, within twenty-four hours after 13,933
the officer makes the arrest, the lessor or owner of the vehicle 13,934
regarding the circumstances of the arrest and the location at
which the vehicle may be picked up. At the time of the seizure 13,936
of the vehicle, the law enforcement officer who made the arrest 13,937
shall give the vehicle operator written notice that the vehicle 13,938
and its license plates have been seized; that the vehicle either 13,939
will be kept by the officer's law enforcement agency or will be 13,940
immobilized at least until the operator's initial appearance on 13,941
the charge of the offense for which the arrest was made; that, at 13,942
the initial appearance, the court in certain circumstances may 13,943
order that the vehicle and license plates be released to the 13,945
vehicle owner until the disposition of that charge; that, if the 13,946
vehicle operator is convicted of that charge, the court generally 13,947
must order the immobilization of the vehicle and the impoundment 13,948
of its license plates, or the forfeiture of the vehicle; and 13,949
that, if the operator is not the vehicle owner, the operator 13,950
immediately should inform the vehicle owner that the vehicle and 13,951
its license plates have been seized and that the vehicle owner 13,952
may be able to obtain their return or release at the initial 13,953
appearance or thereafter. 13,954
(2)(3) The arresting officer or a law enforcement officer 13,956
of the agency that employs the arresting officer shall give 13,958
324
written notice of the seizure to the court that will conduct the 13,959
initial appearance of the vehicle operator. The notice shall be 13,960
given when the charges are filed against the vehicle operator. 13,962
Upon receipt of the notice, the court promptly shall determine 13,963
whether the vehicle operator is the vehicle owner and whether 13,964
there are any liens recorded on the certificate of title to the
vehicle. If the court determines that the vehicle operator is 13,965
not the vehicle owner, it promptly shall send by regular mail 13,966
written notice of the seizure of the motor vehicle to the vehicle 13,967
owner and to all lienholders recorded on the certificate of 13,968
title. The written notice to the vehicle owner and lienholders 13,969
shall contain all of the information required by division 13,970
(B)(1)(2) of this section to be in a notice to be given to the 13,971
vehicle operator and also shall specify the date, time, and place 13,972
of the vehicle operator's initial appearance. The notice also 13,973
shall inform the vehicle owner that if title to a motor vehicle 13,974
that is subject to an order for criminal forfeiture under this 13,975
section is assigned or transferred and division (C)(2) or (3) of 13,976
section 4503.234 of the Revised Code applies, the court may fine 13,977
the vehicle operator the value of the vehicle. The notice to the 13,978
vehicle owner also shall state that if the vehicle is immobilized 13,979
under division (A) of section 4503.233 of the Revised Code, seven 13,981
days after the end of the period of immobilization a law
enforcement agency will send the vehicle owner a notice, 13,983
informing the vehicle owner that if the release of the vehicle is 13,984
not obtained in accordance with division (D)(3) of section 13,985
4503.233 of the Revised Code, the vehicle shall be forfeited. 13,987
The notice also shall inform the vehicle owner that the vehicle 13,988
owner may be charged expenses or charges incurred under this 13,989
section and section 4503.233 of the Revised Code for the removal 13,990
and storage of the vehicle.
The written notice that is given to the vehicle operator or 13,992
is sent or delivered to the vehicle owner if the vehicle owner is 13,993
not the vehicle operator also shall state that if the vehicle 13,994
325
operator pleads guilty to or is convicted of the offense for 13,995
which the vehicle operator was arrested and the court issues an 13,996
immobilization and impoundment order relative to that vehicle,
division (D)(4) of section 4503.233 of the Revised Code prohibits 13,997
the vehicle from being sold during the period of immobilization 13,999
without the prior approval of the court.
(3)(4) At or before the initial appearance, the vehicle 14,001
owner may file a motion requesting the court to order that the 14,002
vehicle and its license plates be released to the vehicle owner. 14,003
Except as provided in this division and subject to the payment of 14,005
expenses or charges incurred in the removal and storage of the 14,006
vehicle, the court, in its discretion, then may issue an order 14,007
releasing the vehicle and its license plates to the vehicle 14,008
owner. Such an order may be conditioned upon such terms as the 14,009
court determines appropriate, including the posting of a bond in 14,010
an amount determined by the court. If the vehicle operator is 14,011
not the vehicle owner and if the vehicle owner is not present at 14,012
the vehicle operator's initial appearance, and if the court 14,013
believes that the vehicle owner was not provided with adequate 14,014
notice of the initial appearance, the court, in its discretion, 14,015
may allow the vehicle owner to file a motion within seven days of 14,016
the initial appearance. If the court allows the vehicle owner to 14,017
file such a motion after the initial appearance, the extension of 14,018
time granted by the court does not extend the time within which 14,019
the initial appearance is to be conducted. If the court issues 14,020
an order for the release of the vehicle and its license plates, a 14,021
copy of the order shall be made available to the vehicle owner. 14,022
If the vehicle owner presents a copy of the order to the law 14,023
enforcement agency that employs the law enforcement officer who 14,024
arrested the person who was operating the vehicle, the law 14,025
enforcement agency promptly shall release the vehicle and its 14,026
license plates to the vehicle owner upon payment by the vehicle 14,027
owner of any expenses or charges incurred in the removal and 14,028
storage of the vehicle.
326
(4)(5) A vehicle seized under division (B)(1) of this 14,030
section either shall be towed to a place specified by the law 14,031
enforcement agency that employs the arresting officer to be 14,032
safely kept by the agency at that place for the time and in the 14,033
manner specified in this section or shall be otherwise 14,034
immobilized for the time and in the manner specified in this 14,035
section. A law enforcement officer of that agency shall remove 14,036
the identification license plates of the vehicle, and they shall 14,037
be safely kept by the agency for the time and in the manner 14,038
specified in this section. No vehicle that is seized and either 14,039
towed or immobilized pursuant to this division shall be 14,040
considered contraband for purposes of section 2933.41, 2933.42, 14,041
or 2933.43 of the Revised Code. The vehicle shall not be 14,042
immobilized at any place other than a commercially operated
private storage lot, a place owned by a law enforcement agency or 14,043
other government agency, or a place to which one of the following 14,044
applies: 14,045
(a) The place is leased by or otherwise under the control 14,047
of a law enforcement agency or other government agency. 14,048
(b) The place is owned by the vehicle operator, the 14,050
vehicle operator's spouse, or a parent or child of the vehicle 14,051
operator. 14,052
(c) The place is owned by a private person or entity, and, 14,054
prior to the immobilization, the private entity or person that 14,055
owns the place, or the authorized agent of that private entity or 14,056
person, has given express written consent for the immobilization 14,057
to be carried out at that place. 14,058
(d) The place is a street or highway on which the vehicle 14,061
is parked in accordance with the law.
(C)(1) A vehicle that is seized under division (B) of this 14,064
section shall be safely kept at the place to which it is towed or 14,065
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle 14,067
operator relative to the charge in question. The license plates 14,069
327
of the vehicle that are removed pursuant to division (B) of this
section shall be safely kept by the law enforcement agency that 14,070
employs the arresting officer until the initial appearance of the 14,071
vehicle operator relative to the charge in question. 14,072
(2)(a) At the initial appearance or not less than seven 14,074
days prior to the date of final disposition, the court shall 14,075
notify the vehicle operator, if the vehicle operator is the 14,076
vehicle owner, that if title to a motor vehicle that is subject 14,077
to an order for criminal forfeiture under this section is 14,078
assigned or transferred and division (C)(2) or (3) of section 14,080
4503.234 of the Revised Code applies, the court may fine the 14,083
vehicle operator the value of the vehicle. If, at the initial 14,084
appearance, the vehicle operator pleads guilty to the violation 14,085
of division (A) of section 4511.19 of the Revised Code or of the 14,086
municipal OMVI ordinance or pleads no contest to and is convicted 14,087
of the violation, the court shall impose sentence upon the 14,088
vehicle operator as provided by law or ordinance; the court, 14,089
except as provided in this division and subject to section 14,090
4503.235 of the Revised Code, shall order the immobilization of 14,091
the vehicle and the impoundment of its license plates under 14,092
section 4503.233 and section 4511.193 or 4511.99 of the Revised 14,093
Code, or the criminal forfeiture of the vehicle under section 14,094
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 14,095
whichever is applicable; and the vehicle and its license plates 14,096
shall not be returned or released to the vehicle owner. If the 14,097
vehicle operator is not the vehicle owner and the vehicle owner 14,098
is not present at the vehicle operator's initial appearance and 14,100
if the court believes that the vehicle owner was not provided 14,101
adequate notice of the initial appearance, the court, in its 14,102
discretion, may refrain for a period of time not exceeding seven 14,103
days from ordering the immobilization of the vehicle and the 14,104
impoundment of its license plates, or the criminal forfeiture of 14,105
the vehicle so that the vehicle owner may appear before the court 14,106
to present evidence as to why the court should not order the 14,107
328
immobilization of the vehicle and the impoundment of its license 14,108
plates, or the criminal forfeiture of the vehicle. If the court 14,110
refrains from ordering the immobilization of the vehicle and the 14,111
impoundment of its license plates, or the criminal forfeiture of 14,112
the vehicle, section 4503.235 of the Revised Code applies 14,114
relative to the order of immobilization and impoundment, or the 14,115
order of forfeiture.
(b) If, at any time, the charge that the vehicle operator 14,118
violated division (A) of section 4511.19 of the Revised Code or 14,119
the municipal OMVI ordinance is dismissed for any reason, the 14,120
court shall order that the vehicle seized at the time of the 14,121
arrest and its license plates immediately be released to the 14,122
vehicle owner subject to the payment of expenses or charges 14,123
incurred in the removal and storage of the vehicle. 14,124
(D) If a vehicle is seized under division (B) of this 14,126
section and is not returned or released to the vehicle owner 14,128
pursuant to division (C) of this section, the vehicle or its 14,129
license plates shall be retained until the final disposition of 14,130
the charge in question. Upon the final disposition of that 14,131
charge, the court shall do whichever of the following is 14,132
applicable:
(1) If the vehicle operator is convicted of or pleads 14,134
guilty to the violation of division (A) of section 4511.19 of the 14,135
Revised Code or of the municipal OMVI ordinance, the court shall 14,136
impose sentence upon the vehicle operator as provided by law or 14,137
ordinance and, subject to section 4503.235 of the Revised Code, 14,138
shall order the immobilization of the vehicle the vehicle 14,139
operator was operating at the time of, or that was involved in, 14,140
the offense and the impoundment of its license plates under 14,142
section 4503.233 and section 4511.193 or 4511.99 of the Revised 14,143
Code, or the criminal forfeiture of the vehicle under section 14,144
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 14,145
whichever is applicable. 14,146
(2) If the vehicle operator is found not guilty of the 14,148
329
violation of division (A) of section 4511.19 of the Revised Code 14,149
or of the municipal OMVI ordinance, the court shall order that 14,150
the vehicle and its license plates immediately be released to the 14,152
vehicle owner upon the payment of any expenses or charges 14,153
incurred in its removal and storage. 14,154
(3) If the charge that the vehicle operator violated 14,156
division (A) of section 4511.19 of the Revised Code or the 14,157
municipal OMVI ordinance is dismissed for any reason, the court 14,158
shall order that the vehicle and its license plates immediately 14,160
be released to the vehicle owner upon the payment of any expenses 14,161
or charges incurred in its removal and storage. 14,162
(E) If a vehicle is seized under division (B) of this 14,164
section, the time between the seizure of the vehicle and either 14,165
its release to the vehicle owner under division (C) of this 14,167
section or the issuance of an order of immobilization of the 14,168
vehicle under section 4503.233 of the Revised Code shall be 14,169
credited against the period of immobilization ordered by the 14,170
court.
(F)(1) The vehicle owner may be charged expenses or 14,172
charges incurred in the removal and storage of the immobilized 14,173
vehicle. The court with jurisdiction over the case, after notice 14,174
to all interested parties, including lienholders, and after an 14,175
opportunity for them to be heard, if the vehicle owner fails to 14,176
appear in person, without good cause, or if the court finds that 14,177
the vehicle owner does not intend to seek release of the vehicle 14,178
at the end of the period of immobilization under section 4503.233 14,179
of the Revised Code or that the vehicle owner is not or will not 14,180
be able to pay the expenses and charges incurred in its removal 14,181
and storage, may order that title to the vehicle be transferred, 14,182
in order of priority, first into the name of the person or entity 14,183
that removed it, next into the name of a lienholder, or lastly 14,184
into the name of the owner of the place of storage. 14,185
Any lienholder that receives title under a court order 14,188
shall do so on the condition that it pay any expenses or charges 14,189
330
incurred in the vehicle's removal and storage. If the person or 14,190
entity that receives title to the vehicle is the person or entity 14,191
that removed it, the person or entity shall receive title on the 14,192
condition that it pay any lien on the vehicle. The court shall 14,194
not order that title be transferred to any person or entity other 14,195
than the owner of the place of storage if the person or entity 14,196
refuses to receive the title. Any person or entity that receives 14,197
title either may keep title to the vehicle or may dispose of the 14,198
vehicle in any legal manner that it considers appropriate, 14,199
including assignment of the certificate of title to the motor 14,200
vehicle to a salvage dealer or a scrap metal processing facility. 14,201
The person or entity shall not transfer the vehicle to the person 14,202
who is the vehicle's immediate previous owner. 14,204
If the person or entity assigns the motor vehicle to a 14,206
salvage dealer or scrap metal processing facility, the person or 14,207
entity shall send the assigned certificate of title to the motor 14,208
vehicle to the clerk of the court of common pleas of the county 14,209
in which the salvage dealer or scrap metal processing facility is 14,211
located. The person or entity shall mark the face of the
certificate of title with the words "for destruction" and shall 14,213
deliver a photocopy of the certificate of title to the salvage 14,214
dealer or scrap metal processing facility for its records. 14,215
(2) Whenever a court issues an order under division (F)(1) 14,217
of this section, the court also shall order removal of the 14,218
license plates from the vehicle and cause them to be sent to the 14,219
registrar of motor vehicles if they have not already been sent to 14,220
the registrar. Thereafter, no further proceedings shall take 14,221
place under this section or under section 4503.233 of the Revised 14,222
Code.
(3) Prior to initiating a proceeding under division (F)(1) 14,224
of this section, and upon payment of the fee under division (B) 14,225
of section 4505.14 of the Revised Code, any interested party may 14,226
cause a search to be made of the public records of the bureau of 14,227
motor vehicles or the clerk of the court of common pleas, to 14,228
331
ascertain the identity of any lienholder of the vehicle. The 14,229
initiating party shall furnish this information to the clerk of 14,230
the court with jurisdiction over the case, and the clerk shall 14,232
provide notice to the vehicle owner, the defendant, any 14,233
lienholder, and any other interested parties listed by the 14,234
initiating party, at the last known address supplied by the 14,235
initiating party, by certified mail or, at the option of the 14,236
initiating party, by personal service or ordinary mail. 14,237
Sec. 4511.99. (A) Whoever violates division (A) of 14,250
section 4511.19 of the Revised Code, in addition to the license 14,251
suspension or revocation provided in section 4507.16 of the 14,252
Revised Code and any disqualification imposed under section 14,253
4506.16 of the Revised Code, shall be punished as provided in 14,254
division (A)(1), (2), (3), or (4) of this section. 14,255
(1) Except as otherwise provided in division (A)(2), (3), 14,257
or (4) of this section, the offender is guilty of a misdemeanor 14,258
of the first degree and the court shall sentence the offender to 14,259
a term of imprisonment of three consecutive days and may sentence 14,260
the offender pursuant to section 2929.21 of the Revised Code to a 14,261
longer term of imprisonment. In addition, the court shall impose 14,262
upon the offender a fine of not less than two hundred and not 14,263
more than one thousand dollars. 14,264
The court may suspend the execution of the mandatory three 14,266
consecutive days of imprisonment that it is required to impose by 14,267
this division, if the court, in lieu of the suspended term of 14,268
imprisonment, places the offender on probation and requires the 14,269
offender to attend, for three consecutive days, a drivers' 14,270
intervention program that is certified pursuant to section 14,271
3793.10 of the Revised Code. The court also may suspend the 14,272
execution of any part of the mandatory three consecutive days of 14,273
imprisonment that it is required to impose by this division, if 14,274
the court places the offender on probation for part of the three 14,275
consecutive days; requires the offender to attend, for that part 14,276
of the three consecutive days, a drivers' intervention program 14,277
332
that is certified pursuant to section 3793.10 of the Revised 14,278
Code; and sentences the offender to a term of imprisonment equal 14,279
to the remainder of the three consecutive days that the offender 14,280
does not spend attending the drivers' intervention program. The 14,281
court may require the offender, as a condition of probation, to 14,282
attend and satisfactorily complete any treatment or education 14,283
programs that comply with the minimum standards adopted pursuant 14,284
to Chapter 3793. of the Revised Code by the director of alcohol 14,285
and drug addiction services, in addition to the required 14,286
attendance at a drivers' intervention program, that the operators 14,287
of the drivers' intervention program determine that the offender 14,288
should attend and to report periodically to the court on the 14,289
offender's progress in the programs. The court also may impose 14,290
any other conditions of probation on the offender that it 14,291
considers necessary. 14,292
Of the fine imposed pursuant to this division, twenty-five 14,294
dollars shall be paid to an enforcement and education fund 14,295
established by the legislative authority of the law enforcement 14,296
agency in this state that primarily was responsible for the 14,297
arrest of the offender, as determined by the court that imposes 14,298
the fine. This share shall be used by the agency to pay only 14,299
those costs it incurs in enforcing section 4511.19 of the Revised 14,300
Code or a substantially similar municipal ordinance and in 14,301
informing the public of the laws governing the operation of a 14,302
motor vehicle while under the influence of alcohol, the dangers 14,303
of operating a motor vehicle while under the influence of 14,304
alcohol, and other information relating to the operation of a 14,305
motor vehicle and the consumption of alcoholic beverages. 14,306
Twenty-five dollars of the fine imposed pursuant to this division 14,307
shall be deposited into the county indigent drivers alcohol 14,308
treatment fund or municipal indigent drivers alcohol treatment 14,309
fund under the control of that court, as created by the county or 14,310
municipal corporation pursuant to division (N) of section 14,311
4511.191 of the Revised Code. The balance of the fine shall be 14,312
333
disbursed as otherwise provided by law. 14,313
(2)(a) Except as otherwise provided in division (A)(4) of 14,316
this section, THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE
FIRST DEGREE, AND, EXCEPT AS PROVIDED IN THIS DIVISION, THE COURT 14,317
SHALL SENTENCE THE OFFENDER TO A TERM OF IMPRISONMENT OF TEN 14,318
CONSECUTIVE DAYS AND MAY SENTENCE THE OFFENDER PURSUANT TO 14,319
SECTION 2929.21 OF THE REVISED CODE TO A LONGER TERM OF
IMPRISONMENT if, within six years of the offense, the offender 14,321
has been convicted of or pleaded guilty to one violation of 14,322
division THE FOLLOWING: 14,324
(i) DIVISION (A) or (B) of section 4511.19 of the Revised 14,327
Code, a;
(ii) A municipal ordinance relating to operating a vehicle 14,329
while under the influence of alcohol, a drug of abuse, or alcohol 14,330
and a drug of abuse, a; 14,331
(iii) A municipal ordinance relating to operating a 14,333
vehicle with a prohibited concentration of alcohol in the blood, 14,334
breath, or urine, section; 14,335
(iv) SECTION 2903.04 of the Revised Code in a case in 14,337
which the offender was subject to the sanctions described in 14,338
division (D) of that section,; 14,339
(v) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 14,342
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 14,343
(vi) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 14,346
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 14,347
2903.07 of the Revised Code, or a municipal ordinance that is 14,348
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 14,349
section 2903.07 of the Revised Code, in a case in which the jury 14,352
or judge found that the offender was under the influence of 14,353
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a; 14,354
(vii) A statute of the United States or of any other state 14,357
or a municipal ordinance of a municipal corporation located in 14,358
any other state that is substantially similar to division (A) or 14,359
334
(B) of section 4511.19 of the Revised Code, the offender is 14,360
guilty of a misdemeanor of the first degree and, except as 14,362
provided in this division, the court shall sentence the offender 14,363
to a term of imprisonment of ten consecutive days and may 14,364
sentence the offender pursuant to section 2929.21 of the Revised 14,365
Code to a longer term of imprisonment. As.
AS an alternative to the term of imprisonment required to 14,368
be imposed by this division, but subject to division (A)(8) of 14,369
this section, the court may impose upon the offender a sentence 14,370
consisting of both a term of imprisonment of five consecutive 14,371
days and not less than eighteen consecutive days of 14,372
electronically monitored house arrest as defined in division (A) 14,373
of section 2929.23 of the Revised Code. The five consecutive 14,374
days of imprisonment and the period of electronically monitored 14,375
house arrest shall not exceed six months. The five consecutive 14,376
days of imprisonment do not have to be served prior to or 14,377
consecutively with the period of electronically monitored house 14,378
arrest.
In addition, the court shall impose upon the offender a 14,380
fine of not less than three hundred and not more than one 14,381
thousand five hundred dollars. 14,382
In addition to any other sentence that it imposes upon the 14,384
offender, the court may require the offender to attend a drivers' 14,385
intervention program that is certified pursuant to section 14,386
3793.10 of the Revised Code. If the officials of the drivers' 14,387
intervention program determine that the offender is alcohol 14,388
dependent, they shall notify the court, and the court shall order 14,389
the offender to obtain treatment through an alcohol and drug 14,390
addiction program authorized by section 3793.02 of the Revised 14,391
Code. The cost of the treatment shall be paid by the offender. 14,392
Of the fine imposed pursuant to this division, thirty-five 14,394
dollars shall be paid to an enforcement and education fund 14,395
established by the legislative authority of the law enforcement 14,396
agency in this state that primarily was responsible for the 14,397
335
arrest of the offender, as determined by the court that imposes 14,398
the fine. This share shall be used by the agency to pay only 14,399
those costs it incurs in enforcing division (A) of section 14,400
4511.19 of the Revised Code or a substantially similar municipal 14,401
ordinance and in informing the public of the laws governing the 14,402
operation of a motor vehicle while under the influence of 14,403
alcohol, the dangers of operating a motor vehicle while under the 14,404
influence of alcohol, and other information relating to the 14,405
operation of a motor vehicle and the consumption of alcoholic 14,406
beverages. Sixty-five dollars of the fine imposed pursuant to 14,407
this division shall be paid to the political subdivision 14,408
responsible for housing the offender during the offender's term 14,410
of incarceration. This share shall be used by the political 14,411
subdivision to pay or reimburse incarceration costs it incurs in 14,412
housing persons who violate section 4511.19 of the Revised Code 14,413
or a substantially similar municipal ordinance and to pay for 14,414
ignition interlock devices and electronic house arrest equipment 14,415
for persons who violate that section, and shall be paid to the 14,416
credit of the fund that pays the cost of the incarceration. 14,417
Fifty dollars of the fine imposed pursuant to this division shall 14,418
be deposited into the county indigent drivers alcohol treatment 14,419
fund or municipal indigent drivers alcohol treatment fund under 14,420
the control of that court, as created by the county or municipal 14,421
corporation pursuant to division (N) of section 4511.191 of the 14,422
Revised Code. The balance of the fine shall be disbursed as 14,423
otherwise provided by law. 14,424
(b) Regardless of whether the vehicle the offender was 14,426
operating at the time of the offense is registered in the 14,427
offender's name or in the name of another person, the court, in 14,429
addition to the penalties imposed under division (A)(2)(a) of 14,430
this section and all other penalties provided by law and subject 14,431
to section 4503.235 of the Revised Code, shall order the 14,432
immobilization for ninety days of the vehicle the offender was 14,433
operating at the time of the offense and the impoundment for 14,434
336
ninety days of the identification license plates of that vehicle. 14,435
The order for the immobilization and impoundment shall be issued 14,436
and enforced in accordance with section 4503.233 of the Revised 14,437
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 14,440
this section, if, within six years of the offense, the offender 14,441
has been convicted of or pleaded guilty to two violations of 14,442
IDENTIFIED IN division (A) or (B)(2) of THIS section 4511.19 of 14,444
the Revised Code, a municipal ordinance relating to operating a 14,447
vehicle while under the influence of alcohol, a drug of abuse, or 14,448
alcohol and a drug of abuse, a municipal ordinance relating to 14,449
operating a vehicle with a prohibited concentration of alcohol in 14,450
the blood, breath, or urine, section 2903.04 of the Revised Code 14,451
in a case in which the offender was subject to the sanctions 14,452
described in division (D) of that section, section 2903.06, 14,453
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 14,454
that is substantially similar to section 2903.07 of the Revised 14,455
Code in a case in which the jury or judge found that the offender 14,456
was under the influence of alcohol, a drug of abuse, or alcohol 14,457
and a drug of abuse, or a statute of the United States or of any 14,458
other state or a municipal ordinance of a municipal corporation 14,459
located in any other state that is substantially similar to 14,460
division (A) or (B) of section 4511.19 of the Revised Code, 14,461
except as provided in this division, the court shall sentence the 14,462
offender to a term of imprisonment of thirty consecutive days and
may sentence the offender to a longer definite term of 14,463
imprisonment of not more than one year. As an alternative to the 14,464
term of imprisonment required to be imposed by this division, but 14,465
subject to division (A)(8) of this section, the court may impose 14,466
upon the offender a sentence consisting of both a term of 14,467
imprisonment of fifteen consecutive days and not less than 14,468
fifty-five consecutive days of electronically monitored house 14,469
arrest as defined in division (A) of section 2929.23 of the 14,470
Revised Code. The fifteen consecutive days of imprisonment and 14,471
337
the period of electronically monitored house arrest shall not 14,472
exceed one year. The fifteen consecutive days of imprisonment do 14,473
not have to be served prior to or consecutively with the period 14,474
of electronically monitored house arrest. 14,475
In addition, the court shall impose upon the offender a 14,477
fine of not less than five hundred and not more than two thousand 14,478
five hundred dollars. 14,479
In addition to any other sentence that it imposes upon the 14,481
offender, the court shall require the offender to attend an 14,482
alcohol and drug addiction program authorized by section 3793.02 14,483
of the Revised Code. The cost of the treatment shall be paid by 14,484
the offender. If the court determines that the offender is 14,485
unable to pay the cost of attendance at the treatment program, 14,487
the court may order that payment of the cost of the offender's 14,488
attendance at the treatment program be made from that court's 14,489
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 14,491
twenty-three dollars shall be paid to an enforcement and 14,492
education fund established by the legislative authority of the 14,493
law enforcement agency in this state that primarily was 14,494
responsible for the arrest of the offender, as determined by the 14,495
court that imposes the fine. This share shall be used by the 14,496
agency to pay only those costs it incurs in enforcing section 14,497
4511.19 of the Revised Code or a substantially similar municipal 14,498
ordinance and in informing the public of the laws governing the 14,499
operation of a motor vehicle while under the influence of 14,500
alcohol, the dangers of operating a motor vehicle while under the 14,501
influence of alcohol, and other information relating to the 14,502
operation of a motor vehicle and the consumption of alcoholic 14,503
beverages. Two hundred twenty-seven dollars of the fine imposed 14,504
pursuant to this division shall be paid to the political 14,505
subdivision responsible for housing the offender during the 14,506
offender's term of incarceration. This share shall be used by 14,508
the political subdivision to pay or reimburse incarceration costs 14,509
338
it incurs in housing persons who violate division (A) of section 14,510
4511.19 of the Revised Code or a substantially similar municipal 14,511
ordinance and to pay for ignition interlock devices and 14,512
electronic house arrest equipment for persons who violate that 14,513
section and shall be paid to the credit of the fund that pays the 14,514
cost of incarceration. The balance of the fine shall be 14,515
disbursed as otherwise provided by law. 14,516
(b) Regardless of whether the vehicle the offender was 14,518
operating at the time of the offense is registered in the 14,519
offender's name or in the name of another person, the court, in 14,521
addition to the penalties imposed under division (A)(3)(a) of 14,522
this section and all other penalties provided by law and subject 14,523
to section 4503.235 of the Revised Code, shall order the 14,524
immobilization for one hundred eighty days of the vehicle the 14,525
offender was operating at the time of the offense and the 14,526
impoundment for one hundred eighty days of the identification 14,527
license plates of that vehicle. The order for the immobilization 14,528
and impoundment shall be issued and enforced in accordance with 14,529
section 4503.233 of the Revised Code. 14,530
(4)(a) If, within six years of the offense, the offender 14,532
has been convicted of or pleaded guilty to three or more 14,533
violations of IDENTIFIED IN division (A) or (B)(2) of THIS 14,535
section 4511.19 of the Revised Code, a municipal ordinance 14,536
relating to operating a vehicle while under the influence of 14,537
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 14,538
municipal ordinance relating to operating a vehicle with a 14,539
prohibited concentration of alcohol in the blood, breath, or 14,540
urine, section 2903.04 of the Revised Code in a case in which the 14,541
offender was subject to the sanctions described in division (D) 14,542
of that section, section 2903.06, 2903.07, or 2903.08 of the 14,543
Revised Code or a municipal ordinance that is substantially 14,544
similar to section 2903.07 of the Revised Code in a case in which 14,545
the jury or judge found that the offender was under the influence 14,546
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 14,547
339
statute of the United States or of any other state or a municipal 14,548
ordinance of a municipal corporation located in any other state 14,549
that is substantially similar to division (A) or (B) of section 14,550
4511.19 of the Revised Code, or if the offender previously has 14,551
been convicted of or pleaded guilty to a violation of division 14,552
(A) of section 4511.19 of the Revised Code under circumstances in 14,553
which the violation was a felony and regardless of when the 14,554
violation and the conviction or guilty plea occurred, the 14,555
offender is guilty of a felony of the fourth degree. The court 14,556
shall sentence the offender in accordance with sections 2929.11 14,557
to 2929.19 of the Revised Code and shall impose as part of the 14,558
sentence a mandatory term of local incarceration of sixty
consecutive days of imprisonment in accordance with division 14,559
(G)(1) of section 2929.13 of the Revised Code or a mandatory 14,560
prison term of sixty consecutive days of imprisonment in 14,561
accordance with division (G)(2) of that section, whichever is 14,562
applicable. If the offender is required to serve a mandatory 14,563
term of local incarceration of sixty consecutive days of 14,564
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 14,565
2929.17 of the Revised Code, may impose upon the offender a 14,567
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 14,568
arrest shall not commence until after the offender has served the 14,569
mandatory term of local incarceration. 14,570
In addition to all other sanctions imposed, the court shall 14,572
impose upon the offender, pursuant to section 2929.18 of the 14,573
Revised Code, a fine of not less than seven hundred fifty nor 14,574
more than ten thousand dollars. 14,575
In addition to any other sanction that it imposes upon the 14,578
offender, the court shall require the offender to attend an 14,580
alcohol and drug addiction program authorized by section 3793.02 14,581
of the Revised Code. The cost of the treatment shall be paid by 14,582
the offender. If the court determines that the offender is 14,583
340
unable to pay the cost of attendance at the treatment program, 14,584
the court may order that payment of the cost of the offender's 14,585
attendance at the treatment program be made from the court's 14,586
indigent drivers alcohol treatment fund. 14,587
Of the fine imposed pursuant to this division, two hundred 14,589
ten dollars shall be paid to an enforcement and education fund 14,590
established by the legislative authority of the law enforcement 14,591
agency in this state that primarily was responsible for the 14,592
arrest of the offender, as determined by the court that imposes 14,593
the fine. This share shall be used by the agency to pay only 14,594
those costs it incurs in enforcing section 4511.19 of the Revised 14,595
Code or a substantially similar municipal ordinance and in 14,596
informing the public of the laws governing operation of a motor 14,597
vehicle while under the influence of alcohol, the dangers of 14,598
operation of a motor vehicle while under the influence of 14,599
alcohol, and other information relating to the operation of a 14,600
motor vehicle and the consumption of alcoholic beverages. Three 14,601
hundred ninety dollars of the fine imposed pursuant to this 14,602
division shall be paid to the political subdivision responsible 14,603
for housing the offender during the offender's term of 14,604
incarceration. This share shall be used by the political 14,606
subdivision to pay or reimburse incarceration costs it incurs in 14,607
housing persons who violate division (A) of section 4511.19 of 14,608
the Revised Code or a substantially similar municipal ordinance 14,609
and to pay for ignition interlock devices and electronic house 14,610
arrest equipment for persons who violate that section, and shall 14,611
be paid to the credit of the fund that pays the cost of 14,612
incarceration. The balance of the fine shall be disbursed as 14,613
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 14,615
operating at the time of the offense is registered in the 14,616
offender's name or in the name of another person, the court, in 14,618
addition to the sanctions imposed under division (A)(4)(a) of 14,619
this section and all other sanctions provided by law and subject 14,621
341
to section 4503.235 of the Revised Code, shall order the criminal 14,623
forfeiture to the state of the vehicle the offender was operating 14,624
at the time of the offense. The order of criminal forfeiture 14,625
shall be issued and enforced in accordance with section 4503.234 14,626
of the Revised Code. 14,627
(c) As used in division (A)(4)(a) of this section, 14,630
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 14,632
the Revised Code.
If title to a motor vehicle that is subject to an order for 14,634
criminal forfeiture under this section is assigned or transferred 14,635
and division (C)(2) or (3) of section 4503.234 of the Revised 14,636
Code applies, in addition to or independent of any other penalty 14,637
established by law, the court may fine the offender the value of 14,638
the vehicle as determined by publications of the national auto 14,639
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 14,640
(D)(4) of section 4503.234 of the Revised Code. 14,641
(5)(a) Except as provided in division (A)(5)(b) of this 14,643
section, upon a showing that imprisonment would seriously affect 14,644
the ability of an offender sentenced pursuant to division (A)(1), 14,645
(2), (3), or (4) of this section to continue the offender's 14,646
employment, the court may authorize that the offender be granted 14,648
work release from imprisonment after the offender has served the 14,649
three, ten, or thirty consecutive days of imprisonment or the 14,650
mandatory term of local incarceration of sixty consecutive days 14,651
that the court is required by division (A)(1), (2), (3), or (4) 14,653
of this section to impose. No court shall authorize work release 14,654
from imprisonment during the three, ten, or thirty consecutive 14,655
days of imprisonment or the mandatory term of local incarceration 14,656
or mandatory prison term of sixty consecutive days that the court 14,658
is required by division (A)(1), (2), (3), or (4) of this section 14,659
to impose. The duration of the work release shall not exceed the 14,660
time necessary each day for the offender to commute to and from 14,661
342
the place of employment and the place of imprisonment and the 14,662
time actually spent under employment. 14,663
(b) An offender who is sentenced pursuant to division 14,665
(A)(2) or (3) of this section to a term of imprisonment followed 14,666
by a period of electronically monitored house arrest is not 14,667
eligible for work release from imprisonment, but that person 14,668
shall be permitted work release during the period of 14,669
electronically monitored house arrest. The duration of the work 14,670
release shall not exceed the time necessary each day for the 14,671
offender to commute to and from the place of employment and the 14,672
offender's home or other place specified by the sentencing court 14,673
and the time actually spent under employment. 14,674
(6) Notwithstanding any section of the Revised Code that 14,676
authorizes the suspension of the imposition or execution of a 14,677
sentence, the placement of an offender in any treatment program 14,679
in lieu of imprisonment, or the use of a community control 14,680
sanction for an offender convicted of a felony, no court shall 14,681
suspend the ten or thirty consecutive days of imprisonment 14,682
required to be imposed on an offender by division (A)(2) or (3) 14,683
of this section, no court shall place an offender who is 14,684
sentenced pursuant to division (A)(2), (3), or (4) of this 14,685
section in any treatment program in lieu of imprisonment until 14,686
after the offender has served the ten or thirty consecutive days 14,687
of imprisonment or the mandatory term of local incarceration or 14,688
mandatory prison term of sixty consecutive days required to be 14,689
imposed pursuant to division (A)(2), (3), or (4) of this section, 14,690
no court that sentences an offender under division (A)(4) of this 14,691
section shall impose any sanction other than a mandatory term of 14,692
local incarceration or mandatory prison term to apply to the 14,693
offender until after the offender has served the mandatory term 14,694
of local incarceration or mandatory prison term of sixty 14,696
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 14,698
imprisonment and a period of electronically monitored house 14,699
343
arrest upon an offender under division (A)(2) or (3) of this 14,700
section shall suspend any portion of the sentence or place the 14,701
offender in any treatment program in lieu of imprisonment or 14,702
electronically monitored house arrest. Notwithstanding any 14,703
section of the Revised Code that authorizes the suspension of the 14,704
imposition or execution of a sentence or the placement of an 14,705
offender in any treatment program in lieu of imprisonment, no 14,706
court, except as specifically authorized by division (A)(1) of 14,707
this section, shall suspend the three consecutive days of 14,708
imprisonment required to be imposed by division (A)(1) of this 14,709
section or place an offender who is sentenced pursuant to 14,710
division (A)(1) of this section in any treatment program in lieu 14,711
of imprisonment until after the offender has served the three 14,712
consecutive days of imprisonment required to be imposed pursuant 14,713
to division (A)(1) of this section. 14,714
(7) No court shall sentence an offender to an alcohol 14,716
treatment program pursuant to division (A)(1), (2), (3), or (4) 14,717
of this section unless the treatment program complies with the 14,718
minimum standards adopted pursuant to Chapter 3793. of the 14,719
Revised Code by the director of alcohol and drug addiction 14,720
services. 14,721
(8) No court shall impose the alternative sentence of a 14,723
term of imprisonment of five consecutive days plus not less than 14,724
eighteen consecutive days of electronically monitored house 14,725
arrest permitted to be imposed by division (A)(2) of this 14,726
section, or the alternative sentence of a term of imprisonment of 14,727
fifteen consecutive days plus not less than fifty-five 14,728
consecutive days of electronically monitored house arrest 14,729
permitted to be imposed pursuant to division (A)(3) of this 14,730
section, unless within sixty days of the date of sentencing, the 14,731
court issues a written finding, entered into the record, that due 14,732
to the unavailability of space at the incarceration facility 14,733
where the offender is required to serve the term of imprisonment 14,734
imposed upon the offender, the offender will not be able to 14,735
344
commence serving the term of imprisonment within the sixty-day 14,737
period following the date of sentencing. If the court issues 14,738
such a finding, the court may impose the alternative sentence 14,739
comprised of a term of imprisonment and a term of electronically 14,740
monitored house arrest permitted to be imposed by division (A)(2) 14,741
or (3) of this section. 14,742
(B) Whoever violates section 4511.192, 4511.251, or 14,744
4511.85 of the Revised Code is guilty of a misdemeanor of the 14,745
first degree. The court, in addition to or independent of all 14,746
other penalties provided by law, may suspend for a period not to 14,747
exceed one year the driver's or commercial driver's license or 14,748
permit or nonresident operating privilege of any person who 14,749
pleads guilty to or is convicted of a violation of section 14,750
4511.192 of the Revised Code. 14,751
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 14,753
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 14,754
guilty of one of the following: 14,755
(1) Except as otherwise provided in division (C)(2) of 14,757
this section, a minor misdemeanor. 14,758
(2) If the offender previously has been convicted of or 14,761
pleaded guilty to one or more violations of section 4511.63, 14,762
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 14,763
Revised Code or a municipal ordinance that is substantially 14,764
similar to any of those sections, a misdemeanor of the fourth 14,767
degree.
(D)(1) Whoever violates any provision of sections 4511.01 14,769
to 4511.76 or section 4511.84 of the Revised Code, for which no 14,770
penalty otherwise is provided in this section is guilty of one of 14,771
the following: 14,772
(a) Except as otherwise provided in division (D)(1)(b), 14,775
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor; 14,777
(b) If, within one year of the offense, the offender 14,779
previously has been convicted of or pleaded guilty to one 14,781
violation of any provision of sections 4511.01 to 4511.76 or 14,783
345
section 4511.84 of the Revised Code for which no penalty 14,784
otherwise is provided in this section or a municipal ordinance 14,786
that is substantially similar to any provision of sections 14,787
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 14,788
which no penalty otherwise is provided in this section, a 14,789
misdemeanor of the fourth degree; 14,791
(c) If, within one year of the offense, the offender 14,793
previously has been convicted of or pleaded guilty to two or more 14,794
violations of any provision described in division (D)(1)(b) of 14,796
this section or any municipal ordinance that is substantially 14,797
similar to any of those provisions, a misdemeanor of the third 14,798
degree. 14,799
(2) When any person is found guilty of a first offense for 14,801
a violation of section 4511.21 of the Revised Code upon a finding 14,802
that the person operated a motor vehicle faster than thirty-five 14,804
miles an hour in a business district of a municipal corporation, 14,805
or faster than fifty miles an hour in other portions, or faster 14,806
than thirty-five miles an hour while passing through a school 14,807
zone during recess or while children are going to or leaving 14,808
school during the opening or closing hours, the person is guilty 14,809
of a misdemeanor of the fourth degree. 14,810
(3) Notwithstanding section 2929.21 of the Revised Code, 14,812
upon a finding that such person operated a motor vehicle in a 14,813
construction zone where a sign was then posted in accordance with 14,814
section 4511.98 of the Revised Code, the court, in addition to 14,815
all other penalties provided by law, shall impose a fine of two 14,816
times the usual amount imposed for the violation. No court shall 14,817
impose a fine of two times the usual amount imposed for the 14,818
violation upon an offender who alleges, in an affidavit filed 14,819
with the court prior to the offender's sentencing, that the 14,820
offender is indigent and is unable to pay the fine imposed 14,821
pursuant to this division, provided the court determines the 14,822
offender is an indigent person and is unable to pay the fine. 14,823
(4) Notwithstanding section 2929.21 of the Revised Code, 14,826
346
upon a finding that a person operated a motor vehicle in 14,827
violation of division (C) of section 4511.213 of the Revised 14,829
Code, the court, in addition to all other penalties provided by 14,830
law, shall impose a fine of two times the usual amount imposed 14,831
for the violation.
(E) Whenever a person is found guilty in a court of record 14,833
of a violation of section 4511.761, 4511.762, or 4511.77 of the 14,834
Revised Code, the trial judge, in addition to or independent of 14,835
all other penalties provided by law, may suspend for any period 14,836
of time not exceeding three years, or revoke the license of any 14,837
person, partnership, association, or corporation, issued under 14,838
section 4511.763 of the Revised Code. 14,839
(F) Whoever violates division (E) or (F) of section 14,841
4511.51, division (A), (D), or (E) of section 4511.521, section 14,842
4511.681, division (A) or (C) of section 4511.69, section 14,843
4511.772, or division (A) or (B) of section 4511.82 of the 14,844
Revised Code is guilty of a minor misdemeanor. 14,845
(G) Whoever violates division (A) of section 4511.75 of 14,847
the Revised Code may be fined an amount not to exceed five 14,848
hundred dollars. A person who is issued a citation for a 14,849
violation of division (A) of section 4511.75 of the Revised Code 14,850
is not permitted to enter a written plea of guilty and waive the 14,851
person's right to contest the citation in a trial, but instead 14,852
must appear in person in the proper court to answer the charge. 14,853
(H)(1) Whoever is a resident of this state and violates 14,855
division (A) or (B) of section 4511.81 of the Revised Code shall 14,856
be punished as follows: 14,857
(a) Except as otherwise provided in division (H)(1)(b) of 14,859
this section, the offender is guilty of a minor misdemeanor. 14,861
(b) If the offender previously has been convicted of or 14,863
pleaded guilty to a violation of division (A) or (B) of section 14,864
4511.81 of the Revised Code or of a municipal ordinance that is 14,866
substantially similar to either of those divisions, the offender 14,867
is guilty of a misdemeanor of the fourth degree. 14,868
347
(2) Whoever is not a resident of this state, violates 14,870
division (A) or (B) of section 4511.81 of the Revised Code, and 14,871
fails to prove by a preponderance of the evidence that the 14,872
offender's use or nonuse of a child restraint system was in 14,873
accordance with the law of the state of which the offender is a 14,875
resident is guilty of a minor misdemeanor on a first offense; on 14,877
a second or subsequent offense, that person is guilty of a 14,878
misdemeanor of the fourth degree. 14,879
(3) Sixty-five per cent of every fine imposed pursuant to 14,881
division (H)(1) or (2) of this section shall be forwarded to the 14,882
treasurer of state for deposit in the "child highway safety fund" 14,883
created by division (G) of section 4511.81 of the Revised Code. 14,884
The balance of the fine shall be disbursed as otherwise provided 14,885
by law. 14,886
(I) Whoever violates section 4511.202 of the Revised Code 14,888
is guilty of operating a motor vehicle without being in control 14,889
of it, a minor misdemeanor. 14,890
(J) Whoever violates division (B) of section 4511.74, 14,892
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 14,893
section 4511.83 of the Revised Code is guilty of a misdemeanor of 14,894
the first degree. 14,895
(K) Except as otherwise provided in this division, whoever 14,897
violates division (E) of section 4511.11, division (A) or (C) of 14,898
section 4511.17, or section 4511.18 of the Revised Code is guilty 14,899
of a misdemeanor of the third degree. If a violation of division 14,900
(A) or (C) of section 4511.17 of the Revised Code creates a risk 14,901
of physical harm to any person, the offender is guilty of a 14,902
misdemeanor of the first degree. A violation of division (A) or 14,903
(C) of section 4511.17 of the Revised Code that causes serious 14,904
physical harm to property that is owned, leased, or controlled by 14,905
a state or local authority is a felony of the fifth degree. 14,907
(L) Whoever violates division (H) of section 4511.69 of 14,909
the Revised Code shall be punished as follows: 14,910
(1) Except as otherwise provided in division (L)(2) of 14,913
348
this section, the offender shall be issued a warning. 14,914
(2) If the offender previously has been convicted of or 14,916
pleaded guilty to a violation of division (H) of section 4511.69 14,917
of the Revised Code or of a municipal ordinance that is 14,918
substantially similar to that division, the offender shall not be 14,919
issued a warning but shall be fined twenty-five dollars for each 14,920
parking location that is not properly marked or whose markings 14,922
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 14,924
4511.45 of the Revised Code is guilty of a misdemeanor of the 14,925
fourth degree on a first offense; on a second offense within one 14,926
year after the first offense, the person is guilty of a 14,927
misdemeanor of the third degree; and on each subsequent offense 14,928
within one year after the first offense, the person is guilty of 14,929
a misdemeanor of the second degree. 14,930
(N)(1) Whoever violates division (B) of section 4511.19 of 14,933
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 14,934
(a) Except as otherwise provided in division (N)(1)(b) of 14,937
this section, the offender is guilty of a misdemeanor of the 14,939
fourth degree.
(b) If THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE 14,941
THIRD DEGREE IF, within one year of the offense, the offender has 14,942
been convicted of or pleaded guilty to any violation of division 14,943
THE FOLLOWING: 14,944
(i) DIVISION (A) or (B) of section 4511.19 of the Revised 14,947
Code, a;
(ii) A municipal ordinance relating to operating a vehicle 14,950
while under the influence of alcohol, a drug of abuse, or alcohol 14,951
and a drug of abuse, a; 14,952
(iii) A municipal ordinance relating to operating a 14,954
vehicle with a prohibited concentration of alcohol in the blood, 14,956
breath, or urine, section; 14,957
(iv) SECTION 2903.04 of the Revised Code in a case in 14,959
349
which the offender was subject to the sanctions described in 14,961
division (D) of that section,; 14,962
(v) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 14,965
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 14,966
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 14,968
(vi) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 14,971
2903.07, or DIVISION (A)(2) OF SECTION 2903.08 of the Revised 14,973
Code or a municipal ordinance that is substantially similar to 14,974
ANY OF THOSE DIVISIONS, OR FORMER section 2903.07 of the Revised 14,975
Code OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE, in a case in 14,977
which the jury or judge found that the offender was under the 14,978
influence of alcohol, a drug of abuse, or alcohol and a drug of 14,979
abuse, or a; 14,980
(vii) A statute of the United States or of any other state 14,983
or a municipal ordinance of a municipal corporation located in 14,984
any other state that is substantially similar to division (A) or 14,985
(B) of section 4511.19 of the Revised Code, the offender is 14,986
guilty of a misdemeanor of the third degree. 14,987
(2) In addition to or independent of all other penalties 14,989
provided by law, the offender's driver's or commercial driver's 14,990
license or permit or nonresident operating privilege shall be 14,991
suspended in accordance with, and for the period of time 14,992
specified in, division (E) of section 4507.16 of the Revised 14,993
Code. 14,994
(O) Whoever violates section 4511.62 of the Revised Code 14,997
is guilty of a misdemeanor of the fourth degree.
(P) Whoever violates division (F)(1)(a) or (b) of section 15,000
4511.69 of the Revised Code is guilty of a misdemeanor and shall 15,003
be fined not less than two hundred fifty nor more than five
hundred dollars, but in no case shall an offender be sentenced to 15,005
any term of imprisonment. 15,006
Arrest or conviction for a violation of division (F)(1)(a) 15,009
or (b) of section 4511.69 of the Revised Code does not constitute 15,011
a criminal record and need not be reported by the person so 15,012
350
arrested or convicted in response to any inquiries contained in 15,013
any application for employment, license, or other right or 15,014
privilege, or made in connection with the person's appearance as 15,015
a witness. 15,016
Every fine collected under this division shall be paid by 15,018
the clerk of the court to the political subdivision in which the 15,019
violation occurred. Except as provided in this division, the 15,020
political subdivision shall use the fine moneys it receives under 15,021
this division to pay the expenses it incurs in complying with the 15,023
signage and notice requirements contained in division (E) of
section 4511.69 of the Revised Code. The political subdivision 15,024
may use up to fifty per cent of each fine it receives under this 15,025
division to pay the costs of educational, advocacy, support, and 15,026
assistive technology programs for persons with disabilities, and 15,027
for public improvements within the political subdivision that 15,028
benefit or assist persons with disabilities, if governmental 15,029
agencies or nonprofit organizations offer the programs. 15,030
Sec. 4715.30. (A) The holder of a certificate or license 15,039
issued under this chapter is subject to disciplinary action by 15,040
the state dental board for any of the following reasons: 15,041
(1) Employing or cooperating in fraud or material 15,043
deception in applying for or obtaining a license or certificate; 15,044
(2) Obtaining or attempting to obtain money or anything of 15,046
value by intentional misrepresentation or material deception in 15,047
the course of practice; 15,048
(3) Advertising services in a false or misleading manner 15,050
or violating the board's rules governing time, place, and manner 15,051
of advertising; 15,052
(4) Conviction of a misdemeanor committed in the course of 15,054
practice or of any felony; 15,055
(5) Engaging in lewd or immoral conduct in connection with 15,057
the provision of dental services; 15,058
(6) Selling, prescribing, giving away, or administering 15,060
drugs for other than legal and legitimate therapeutic purposes, 15,061
351
or conviction of violating any law of this state or the federal 15,062
government regulating the possession, distribution, or use of any 15,063
drug; 15,064
(7) Providing or allowing dental hygienists or other 15,066
practitioners of auxiliary dental occupations working under his 15,067
THE CERTIFICATE OR LICENSE HOLDER'S supervision, or a dentist 15,068
holding a temporary limited continuing education license under 15,070
division (C) of section 4715.16 of the Revised Code working under 15,071
his THE CERTIFICATE OR LICENSE HOLDER'S direct supervision, to 15,072
provide dental care that departs from or fails to conform to 15,073
accepted standards for the profession, whether or not injury to a 15,074
patient results; 15,075
(8) Inability to practice under accepted standards of the 15,077
profession because of physical or mental disability, dependence 15,078
on alcohol or other drugs, or excessive use of alcohol or other 15,079
drugs; 15,080
(9) Violation of any provision of this chapter or any rule 15,082
adopted thereunder; 15,083
(10) Failure to use universal blood and body fluid 15,085
precautions established by rules adopted under section 4715.03 of 15,086
the Revised Code; 15,087
(11) Waiving the payment of all or any part of a 15,089
deductible or copayment that a patient, pursuant to a health 15,090
insurance or health care policy, contract, or plan that covers 15,091
dental services, would otherwise be required to pay if the waiver 15,092
is used as an enticement to a patient or group of patients to
receive health care services from that provider. 15,093
(12) Advertising that he THE CERTIFICATE OR LICENSE HOLDER 15,095
will waive the payment of all or any part of a deductible or 15,097
copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers dental 15,098
services, would otherwise be required to pay. 15,099
(B) A manager, proprietor, operator, or conductor of a 15,101
dental facility shall be subject to disciplinary action if any 15,102
352
dentist, dental hygienist, or qualified personnel providing 15,103
services in the facility is found to have committed a violation 15,104
listed in division (A) of this section and the manager, 15,105
proprietor, operator, or conductor knew of the violation and 15,106
permitted it to occur on a recurring basis. 15,107
(C) Subject to Chapter 119. of the Revised Code, the board 15,109
may take one or more of the following disciplinary actions if one 15,110
or more of the grounds for discipline listed in divisions (A) and 15,111
(B) of this section exist: 15,112
(1) Censure the license or certificate holder; 15,114
(2) Place the license or certificate on probationary 15,116
status for such period of time the board determines necessary and 15,117
require the holder to: 15,118
(a) Report regularly to the board upon the matters which 15,120
are the basis of probation; 15,121
(b) Limit practice to those areas specified by the board; 15,123
(c) Continue or renew professional education until a 15,125
satisfactory degree of knowledge or clinical competency has been 15,126
attained in specified areas. 15,127
(3) Suspend the certificate or license; 15,129
(4) Revoke the certificate or license. 15,131
Where the board places a holder of a license or certificate 15,133
on probationary status pursuant to division (C)(2) of this 15,134
section, the board may subsequently suspend or revoke the license 15,135
or certificate if it determines that the holder has not met the 15,136
requirements of the probation or continues to engage in 15,137
activities that constitute grounds for discipline pursuant to 15,138
division (A) or (B) of this section. 15,139
Any order suspending a license or certificate shall state 15,141
the conditions under which the license or certificate will be 15,142
restored, which may include a conditional restoration during 15,143
which time the holder is in a probationary status pursuant to 15,144
division (C)(2) of this section. The board shall restore the 15,145
license or certificate unconditionally when such conditions are 15,146
353
met. 15,147
(D) If the physical or mental condition of a license or 15,149
certificate holder is at issue in a disciplinary proceeding, the 15,150
board may order the license or certificate holder to submit to 15,151
reasonable examinations by a physician designated or approved by 15,152
the board and at the board's expense. Failure to comply with an 15,153
order for an examination shall be grounds for summary suspension 15,154
of a license or certificate under division (E) of this section. 15,155
(E) If the board has reason to believe that the holder 15,157
represents a clear and immediate danger to the public health and 15,158
safety if he THE HOLDER is allowed to continue to practice, or if 15,160
the holder has failed to comply with an order under division (D)
of this section, the board may apply to the court of common pleas 15,161
of the county in which the holder resides for an order 15,162
temporarily suspending the holder's license or certificate, 15,163
without a prior hearing being afforded by the board, until the 15,164
board conducts an adjudication hearing pursuant to Chapter 119. 15,165
of the Revised Code. If the court temporarily suspends a 15,166
holder's license or certificate, the board shall give written 15,167
notice of the suspension personally or by certified mail to the 15,168
license or certificate holder. Such notice shall include 15,169
specific facts and reasons for finding a clear and immediate 15,170
danger to the public health and safety and shall inform the 15,171
license or certificate holder of the right to a hearing pursuant 15,172
to Chapter 119. of the Revised Code. 15,173
(F) Any holder of a certificate or license issued under 15,175
this chapter who has pleaded guilty to, has been convicted of, or 15,176
has had a judicial finding of eligibility for treatment 15,177
INTERVENTION in lieu of conviction entered against him THE HOLDER 15,179
in this state for aggravated murder, murder, voluntary 15,180
manslaughter, felonious assault, kidnapping, rape, sexual 15,181
battery, gross sexual imposition, aggravated arson, aggravated 15,182
robbery, or aggravated burglary, or who has pleaded guilty to, 15,183
has been convicted of, or has had a judicial finding of 15,184
354
eligibility for treatment OR INTERVENTION in lieu of conviction 15,186
entered against him THE HOLDER in another jurisdiction for any 15,187
substantially equivalent criminal offense, is automatically 15,188
suspended from practice under this chapter in this state and any 15,189
certificate or license issued to him THE HOLDER under this 15,190
chapter is automatically suspended, as of the date of the guilty 15,191
plea, conviction, or judicial finding, whether the proceedings 15,192
are brought in this state or another jurisdiction. Continued 15,193
practice by an individual after the suspension of his THE 15,194
INDIVIDUAL'S certificate or license under this division shall be 15,195
considered practicing without a certificate or license. The 15,197
board shall notify the suspended individual of the suspension of 15,198
his THE INDIVIDUAL'S certificate or license under this division 15,199
by certified mail or in person in accordance with section 119.07 15,200
of the Revised Code. If an individual whose certificate or 15,201
license is suspended under this division fails to make a timely 15,202
request for an adjudicatory hearing, the board shall enter a 15,203
final order revoking the individual's certificate or license. 15,204
(G) Notwithstanding divisions (A)(11) and (12) of this 15,206
section, sanctions shall not be imposed against any licensee who 15,207
waives deductibles and copayments: 15,208
(1) In compliance with the health benefit plan that 15,210
expressly allows such a practice. Waiver of the deductibles or 15,211
copays shall be made only with the full knowledge and consent of 15,212
the plan purchaser, payer, and third-party administrator. Such 15,213
consent shall be made available to the board upon request. 15,214
(2) For professional services rendered to any other person 15,216
licensed pursuant to this chapter to the extent allowed by this 15,217
chapter and the rules of the board. 15,218
Sec. 4729.99. (A) Whoever violates section 4729.16, 15,227
division (A) or (B) of section 4729.38, or section 4729.57 of the 15,228
Revised Code is guilty of a minor misdemeanor. Each day's 15,229
violation constitutes a separate offense. 15,230
(B) Whoever violates section 4729.27, 4729.28, or 4729.36 15,232
355
of the Revised Code is guilty of a misdemeanor of the third 15,233
degree. Each day's violation constitutes a separate offense. If 15,234
the offender previously has been convicted of or pleaded guilty 15,235
to a violation of this chapter, that person is guilty of a 15,237
misdemeanor of the second degree. 15,238
(C) Whoever violates section 4729.32, 4729.33, or 4729.34 15,240
of the Revised Code is guilty of a misdemeanor. 15,241
(D) Whoever violates division (A), (B), (D), or (E) of 15,243
section 4729.51 of the Revised Code is guilty of a misdemeanor of 15,244
the first degree. 15,245
(E)(1) Whoever violates section 4729.37, division (C)(2) 15,247
of section 4729.51, division (J) of section 4729.54, or section 15,248
4729.61 of the Revised Code is guilty of a felony of the fifth 15,250
degree. If the offender previously has been convicted of or
pleaded guilty to a violation of this chapter or a violation of 15,251
Chapter 2925. or 3719. of the Revised Code, that person is guilty 15,252
of a felony of the fourth degree. 15,253
(2) If an offender is convicted of or pleads guilty to a 15,255
violation of section 4729.37, division (C) of section 4729.51, 15,256
division (J) of section 4729.54, or section 4729.61 of the 15,257
Revised Code, if the violation involves the sale, offer to sell, 15,259
or possession of a schedule I or II controlled substance, with 15,260
the exception of marihuana, and if the COURT IMPOSING SENTENCE 15,261
UPON THE OFFENDER FINDS THAT THE offender, as a result of the 15,262
violation, is a major drug offender, as defined in section
2929.01 of the Revised Code, AND IS GUILTY OF A SPECIFICATION OF 15,264
THE TYPE DESCRIBED IN SECTION 2941.1410 OF THE REVISED CODE, the 15,265
court that sentences the offender, in lieu of the prison term 15,267
authorized or required by division (E)(1) of this section and 15,268
sections 2929.13 and 2929.14 of the Revised Code and in addition 15,269
to any other sanction imposed for the offense under sections 15,270
2929.11 to 2929.18 of the Revised Code, shall impose upon the 15,271
offender, in accordance with division (D)(3)(a) of section 15,272
2929.14 of the Revised Code, the mandatory prison term specified 15,273
356
in that division and may impose an additional prison term under 15,275
division (D)(3)(b) of that section. 15,276
(3) Notwithstanding any contrary provision of section 15,278
3719.21 of the Revised Code, the clerk of court shall pay any 15,279
fine imposed for a violation of section 4729.37, division (C) of 15,280
section 4729.51, division (J) of section 4729.54, or section 15,282
4729.61 of the Revised Code pursuant to division (A) of section 15,284
2929.18 of the Revised Code in accordance with and subject to the 15,287
requirements of division (F) of section 2925.03 of the Revised 15,289
Code. The agency that receives the fine shall use the fine as 15,291
specified in division (F) of section 2925.03 of the Revised Code. 15,293
(F) Whoever violates section 4729.531 of the Revised Code 15,295
or any rule adopted thereunder or section 4729.532 of the Revised 15,296
Code is guilty of a misdemeanor of the first degree. 15,297
(G) Whoever violates division (C)(1) of section 4729.51 of 15,301
the Revised Code is guilty of a felony of the fourth degree. If 15,303
the offender has previously been convicted of or pleaded guilty 15,304
to a violation of this chapter, or of a violation of Chapter 15,306
2925. or 3719. of the Revised Code, that person is guilty of a 15,307
felony of the third degree. 15,308
(H) Whoever violates division (C)(3) of section 4729.51 of 15,311
the Revised Code is guilty of a misdemeanor of the first degree. 15,312
If the offender has previously been convicted of or pleaded
guilty to a violation of this chapter, or of a violation of 15,313
Chapter 2925. or 3719. of the Revised Code, that person is guilty 15,314
of a felony of the fifth degree. 15,315
Sec. 4730.25. (A) The state medical board, pursuant to an 15,324
adjudication under Chapter 119. of the Revised Code and by a vote 15,326
of not fewer than six members, may revoke or may refuse to grant 15,327
a certificate of registration as a physician assistant to a
person found by the board to have committed fraud, 15,328
misrepresentation, or deception in applying for or securing the 15,329
certificate. 15,330
(B) The board, pursuant to an adjudication under Chapter 15,333
357
119. of the Revised Code and by a vote of not fewer than six 15,334
members, shall, to the extent permitted by law, limit, revoke, or 15,335
suspend a certificate of registration as a physician assistant, 15,336
refuse to issue a certificate to an applicant, refuse to 15,337
reinstate a certificate, or reprimand or place on probation the 15,338
holder of a certificate for any of the following reasons: 15,339
(1) Failure to practice in accordance with the conditions 15,342
under which the supervising physician's supervision agreement 15,343
with the physician assistant was approved, including the 15,344
requirement that when practicing under a particular supervising 15,345
physician, the physician assistant must practice only according 15,346
to the standard or supplemental utilization plan the board 15,347
approved for that physician;
(2) Failure to comply with the requirements of this 15,349
chapter, Chapter 4731. of the Revised Code, or any rules adopted 15,350
by the board; 15,351
(3) Violating or attempting to violate, directly or 15,353
indirectly, or assisting in or abetting the violation of, or 15,354
conspiring to violate, any provision of this chapter, Chapter 15,356
4731. of the Revised Code, or the rules adopted by the board; 15,357
(4) Inability to practice according to acceptable and 15,360
prevailing standards of care by reason of mental illness or 15,361
physical illness, including physical deterioration that adversely 15,362
affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to 15,364
acceptable and prevailing standards of care because of habitual 15,365
or excessive use or abuse of drugs, alcohol, or other substances 15,366
that impair ability to practice; 15,367
(6) Administering drugs for purposes other than those 15,369
authorized under this chapter; 15,370
(7) Willfully betraying a professional confidence; 15,372
(8) Soliciting patients or publishing a false, fraudulent, 15,374
deceptive, or misleading statement. As used in this division, 15,375
"false, fraudulent, deceptive, or misleading statement" means a 15,376
358
statement that includes a misrepresentation of fact, is likely to 15,377
mislead or deceive because of a failure to disclose material 15,378
facts, is intended or is likely to create false or unjustified 15,379
expectations of favorable results, or includes representations or 15,380
implications that in reasonable probability will cause an 15,381
ordinarily prudent person to misunderstand or be deceived. 15,382
(9) Representing, with the purpose of obtaining 15,384
compensation or other advantage personally or for any other 15,385
person, that an incurable disease or injury, or other incurable 15,386
condition, can be permanently cured; 15,387
(10) The obtaining of, or attempting to obtain, money or 15,389
anything of value by fraudulent misrepresentations in the course 15,390
of practice; 15,391
(11) A plea of guilty to, or a judicial finding of guilt 15,393
of, a felony; 15,394
(12) Commission of an act that constitutes a felony in 15,396
this state regardless of the jurisdiction in which the act was 15,397
committed; 15,398
(13) A plea of guilty to, or a judicial finding of guilt 15,400
of, a misdemeanor committed in the course of practice; 15,401
(14) A plea of guilty to, or a judicial finding of guilt 15,403
of, a misdemeanor involving moral turpitude; 15,404
(15) Commission of an act that constitutes a misdemeanor 15,406
in this state regardless of the jurisdiction in which the act was 15,407
committed, if the act was committed in the course of practice; 15,408
(16) Commission of an act that constitutes a misdemeanor 15,411
in this state, regardless of the jurisdiction in which the act 15,412
was committed, if the act involves moral turpitude;
(17) Trafficking in drugs, or a plea of guilty to or a 15,414
judicial finding of guilt of violating any state or federal law 15,415
regulating the possession, distribution, or use of any drug; 15,416
(18) The limitation, revocation, or suspension by another 15,418
state of a license, certificate, or registration to practice 15,419
issued by the proper licensing authority of that state, the 15,420
359
refusal to license, certify, register, or reinstate an applicant 15,422
by that authority, the imposition of probation by that authority, 15,423
or the issuance of an order of censure or other reprimand by that 15,424
authority for any reason, other than nonpayment of fees; 15,425
(19) A departure from, or failure to conform to, minimal 15,428
standards of care of similar physician assistants under the same 15,429
or similar circumstances, regardless of whether actual injury to 15,430
a patient is established;
(20) Violation of the conditions placed by the board on a 15,433
certificate of registration, physician assistant utilization 15,434
plan, or supervision agreement;
(21) Violation of the conditions on which a temporary 15,437
certificate of registration is issued;
(22) Failure to use universal blood and body fluid 15,439
precautions established by rules adopted under section 4731.051 15,440
of the Revised Code. 15,441
(C) For purposes of divisions (B)(12), (15), and (16) of 15,443
this section, the commission of the act may be established by a 15,444
finding by the board, pursuant to an adjudication under Chapter 15,446
119. of the Revised Code, that the applicant or certificate 15,447
holder committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court 15,448
renders a final judgment in the certificate holder's favor and 15,449
that judgment is based upon an adjudication on the merits. The 15,450
board shall have jurisdiction under these divisions in cases 15,451
where the trial court issues an order of dismissal upon technical 15,452
or procedural grounds. 15,453
The sealing of conviction records by any court shall have 15,455
no effect upon a prior board order entered under the provisions 15,456
of this section or upon the board's jurisdiction to take action 15,457
under the provisions of this section if a notice of opportunity 15,458
for hearing has been issued based upon conviction, a plea of 15,459
guilty, or a judicial finding of guilt prior to the court's order 15,460
to seal the records.
360
(D) For purposes of this division, any individual who 15,463
holds a certificate of registration issued under this chapter, or 15,464
applies for a certificate of registration, shall be deemed to 15,465
have given consent to submit to a mental or physical examination 15,466
when directed to do so in writing by the board and to have waived 15,467
all objections to the admissibility of testimony or examination 15,468
reports that constitute a privileged communication. 15,469
(1) In enforcing division (B)(4) of this section, the 15,472
board, upon a showing of a possible violation, may compel any 15,473
individual who holds a certificate of registration issued under 15,474
this chapter or who has applied for a certificate of registration 15,475
pursuant to this chapter to submit to a mental or physical 15,476
examination, or both, as required by and at the expense of the 15,477
board. Failure of any individual to submit to a mental or
physical examination when directed constitutes an admission of 15,478
the allegations against the individual unless the failure is due 15,479
to circumstances beyond the individual's control, and a default 15,480
and final order may be entered without the taking of testimony or 15,481
presentation of evidence. If the board finds a physician 15,482
assistant unable to practice because of the reasons set forth in 15,483
this division, the board shall require the physician assistant to 15,484
submit to care, counseling, or treatment by physicians approved 15,485
or designated by the board, as a condition for an initial, 15,486
continued, reinstated, or renewed certificate of registration. 15,487
An individual affected under this division shall be afforded an 15,488
opportunity to demonstrate to the board the ability to resume 15,489
practicing in compliance with acceptable and prevailing standards 15,490
of care.
(2) For purposes of division (B)(5) of this section, if 15,493
the board has reason to believe that any individual who holds a 15,494
certificate of registration issued under this chapter or any 15,495
applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a 15,496
mental or physical examination, or both. The examination shall 15,497
361
be at the expense of the board. Any mental or physical 15,498
examination required under this division shall be undertaken by a 15,499
treatment provider or physician qualified to conduct such 15,500
examination and chosen by the board. 15,501
Failure of the individual to submit to a mental or physical 15,504
examination ordered by the board constitutes an admission of the 15,505
allegations against the individual unless the failure is due to 15,506
circumstances beyond the individual's control, and a default and 15,507
final order may be entered without the taking of testimony or 15,508
presentation of evidence. If the board determines that the 15,509
individual's ability to practice is impaired, the board shall 15,510
suspend the individual's certificate or deny the individual's
application and shall require the individual, as a condition for 15,512
initial, continued, reinstated, or renewed licensure to practice, 15,513
to submit to treatment. 15,514
Before being eligible to apply for reinstatement of a 15,516
certificate suspended under this division, the physician 15,517
assistant shall demonstrate to the board the ability to resume 15,518
practice in compliance with acceptable and prevailing standards 15,519
of care. The demonstration shall include the following: 15,521
(a) Certification from a treatment provider approved under 15,524
section 4731.25 of the Revised Code that the individual has 15,525
successfully completed any required inpatient treatment; 15,526
(b) Evidence of continuing full compliance with an 15,529
aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's 15,532
ability to practice has been assessed and that the individual has 15,533
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by 15,534
individuals or providers approved by the board for making such 15,535
assessments and shall describe the basis for this determination. 15,536
The board may reinstate a certificate suspended under this 15,539
division after such demonstration and after the individual has 15,540
entered into a written consent agreement.
362
When the impaired physician assistant resumes practice, the 15,543
board shall require continued monitoring of the physician
assistant, which shall include compliance with the written 15,544
consent agreement entered into before reinstatement or with 15,545
conditions imposed by board order after a hearing, and, upon 15,546
termination of the consent agreement, submission to the board for 15,547
at least two years of annual written progress reports made under 15,548
penalty of falsification stating whether the physician assistant 15,549
has maintained sobriety. 15,550
(E) If the secretary and supervising member determine that 15,553
there is clear and convincing evidence that a physician assistant 15,554
has violated division (B) of this section and that the 15,555
individual's continued practice presents a danger of immediate 15,556
and serious harm to the public, they may recommend that the board 15,557
suspend the individual's certificate to practice without a prior 15,559
hearing. Written allegations shall be prepared for consideration 15,560
by the board members.
The board, upon review of those allegations and by a vote 15,563
of not fewer than six of its members, excluding the secretary and 15,564
supervising member, may suspend a certificate without a prior 15,565
hearing. A telephone conference call may be utilized for 15,566
reviewing the allegations and taking the vote.
The board shall issue a written order of suspension by 15,568
certified mail or in person in accordance with section 119.07 of 15,569
the Revised Code. The order shall not be subject to suspension 15,571
by the court during pendency of any appeal filed under section 15,572
119.12 of the Revised Code. If the physician assistant requests 15,573
an adjudicatory hearing by the board, the date set for the 15,574
hearing shall be within fifteen days, but not earlier than seven 15,575
days, after the physician assistant requests the hearing, unless 15,576
otherwise agreed to by both the board and the certificate holder. 15,577
A summary suspension imposed under this division shall 15,579
remain in effect, unless reversed on appeal, until a final 15,580
adjudicative order issued by the board pursuant to this section 15,581
363
and Chapter 119. of the Revised Code becomes effective. The 15,583
board shall issue its final adjudicative order within sixty days 15,584
after completion of its hearing. Failure to issue the order 15,585
within sixty days shall result in dissolution of the summary 15,586
suspension order, but shall not invalidate any subsequent, final 15,587
adjudicative order.
(F) If the board should take action under division 15,590
(B)(11), (13), or (14) of this section, and the conviction, 15,591
judicial finding of guilt, or guilty plea is overturned on 15,592
appeal, upon exhaustion of the criminal appeal, a petition for 15,593
reconsideration of the order may be filed with the board along 15,594
with appropriate court documents. Upon receipt of a petition and 15,595
supporting court documents, the board shall reinstate the 15,596
petitioner's certificate. The board may then hold an 15,597
adjudication to determine whether the individual committed the 15,598
act in question. Notice of opportunity for hearing shall be 15,599
given in accordance with Chapter 119. of the Revised Code. If 15,600
the board finds, pursuant to an adjudication held under this 15,602
division, that the individual committed the act, or if no hearing 15,603
is requested, it may order any of the sanctions identified under 15,604
division (B) of this section.
(G) The certificate of registration of a physician 15,606
assistant and the physician assistant's practice in this state 15,607
are automatically suspended as of the date the physician 15,608
assistant pleads guilty to, is found by a judge or jury to be 15,609
guilty of, or is subject to a judicial finding of eligibility for 15,610
INTERVENTION IN LIEU OF CONVICTION IN THIS STATE OR treatment OR 15,611
INTERVENTION in lieu of conviction IN ANOTHER STATE for either of 15,612
the following:
(1) In this state, aggravated murder, murder, voluntary 15,614
manslaughter, felonious assault, kidnapping, rape, sexual 15,615
battery, gross sexual imposition, aggravated arson, aggravated 15,616
robbery, or aggravated burglary; 15,617
(2) In another jurisdiction, any criminal offense 15,620
364
substantially equivalent to those specified in division (G)(1) of 15,621
this section.
Continued practice after the suspension shall be considered 15,624
practicing without a certificate. The board shall notify the 15,625
individual subject to the suspension by certified mail or in 15,626
person in accordance with section 119.07 of the Revised Code. If 15,627
an individual whose certificate is suspended under this division 15,628
fails to make a timely request for an adjudicatory hearing, the 15,629
board shall enter a final order revoking the certificate. 15,630
(H) In any instance in which the board is required by 15,632
Chapter 119. of the Revised Code to give notice of opportunity 15,634
for hearing and the applicant or certificate holder does not 15,635
timely request a hearing in accordance with section 119.07 of the 15,636
Revised Code, the board is not required to hold a hearing, but 15,637
may adopt, by a vote of not fewer than six of its members, a 15,638
final order that contains the board's findings. In that final 15,639
order, the board may order any of the sanctions identified under 15,640
division (B) of this section.
(I) Any action taken by the board under division (B) of 15,643
this section resulting in a suspension shall be accompanied by a 15,644
written statement of the conditions under which the physician 15,645
assistant may be reinstated. The board shall adopt rules in 15,646
accordance with Chapter 119. of the Revised Code governing 15,648
conditions to be imposed for reinstatement. Reinstatement of a 15,649
certificate suspended pursuant to division (B) of this section 15,650
requires an affirmative vote of not fewer than six members of the 15,651
board.
(J) An individual's failure to renew a certificate of 15,653
registration as a physician assistant shall have no effect on the 15,654
board's jurisdiction to take any action under this section 15,655
against the individual.
(K) Notwithstanding any other provision of the Revised 15,658
Code, the surrender of a certificate of registration as a 15,659
physician assistant issued under this chapter is not effective 15,660
365
until accepted by the board. Reinstatement of a certificate 15,661
surrendered to the board requires an affirmative vote of not 15,662
fewer than six members of the board.
Notwithstanding any other provision of the Revised Code, no 15,665
application made under this chapter for a certificate of 15,666
registration, approval of a standard or supplemental utilization 15,667
plan, or approval of a supervision agreement may be withdrawn 15,668
without approval of the board.
Sec. 4731.22. (A) The state medical board, by an 15,678
affirmative vote of not fewer than six of its members, may revoke 15,679
or may refuse to grant a certificate to a person found by the 15,680
board to have committed fraud during the administration of the 15,681
examination for a certificate to practice or to have committed 15,683
fraud, misrepresentation, or deception in applying for or 15,684
securing any certificate to practice or certificate of
registration issued by the board. 15,685
(B) The board, by an affirmative vote of not fewer than 15,688
six members, shall, to the extent permitted by law, limit, 15,689
revoke, or suspend an individual's certificate to practice, 15,691
refuse to register an individual, refuse to reinstate a 15,693
certificate, or reprimand or place on probation the holder of a 15,695
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 15,697
or certificate of registration to be used by a person, group, or 15,699
corporation when the individual concerned is not actually 15,700
directing the treatment given; 15,701
(2) Failure to maintain minimal standards applicable to 15,704
the selection or administration of drugs, or failure to employ 15,705
acceptable scientific methods in the selection of drugs or other 15,706
modalities for treatment of disease; 15,707
(3) Selling, giving away, personally furnishing, 15,709
prescribing, or administering drugs for other than legal and 15,710
legitimate therapeutic purposes or a plea of guilty to, a 15,712
judicial finding of guilt of, or a judicial finding of 15,713
366
eligibility for treatment in lieu of conviction of, a violation 15,715
of any federal or state law regulating the possession,
distribution, or use of any drug; 15,716
(4) Willfully betraying a professional confidence. 15,718
For purposes of this division, "willfully betraying a 15,720
professional confidence" does not include the making of a report 15,721
of an employee's use of a drug of abuse, or a report of a 15,722
condition of an employee other than one involving the use of a 15,723
drug of abuse, to the employer of the employee as described in 15,724
division (B) of section 2305.33 of the Revised Code. Nothing in 15,726
this division affects the immunity from civil liability conferred 15,728
by that section upon a physician who makes either type of report 15,729
in accordance with division (B) of that section. As used in this 15,730
division, "employee," "employer," and "physician" have the same 15,731
meanings as in section 2305.33 of the Revised Code. 15,732
(5) Making a false, fraudulent, deceptive, or misleading 15,735
statement in the solicitation of or advertising for patients; in 15,737
relation to the practice of medicine and surgery, osteopathic 15,738
medicine and surgery, podiatry, or a limited branch of medicine; 15,739
or in securing or attempting to secure any certificate to 15,741
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 15,743
misleading statement" means a statement that includes a 15,744
misrepresentation of fact, is likely to mislead or deceive 15,745
because of a failure to disclose material facts, is intended or 15,746
is likely to create false or unjustified expectations of 15,747
favorable results, or includes representations or implications 15,748
that in reasonable probability will cause an ordinarily prudent 15,749
person to misunderstand or be deceived. 15,750
(6) A departure from, or the failure to conform to, 15,752
minimal standards of care of similar practitioners under the same 15,753
or similar circumstances, whether or not actual injury to a 15,754
patient is established; 15,755
(7) Representing, with the purpose of obtaining 15,757
367
compensation or other advantage as personal gain or for any other 15,759
person, that an incurable disease or injury, or other incurable 15,760
condition, can be permanently cured; 15,761
(8) The obtaining of, or attempting to obtain, money or 15,763
anything of value by fraudulent misrepresentations in the course 15,764
of practice; 15,765
(9) A plea of guilty to, a judicial finding of guilt of, 15,768
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 15,769
(10) Commission of an act that constitutes a felony in 15,771
this state, regardless of the jurisdiction in which the act was 15,772
committed; 15,773
(11) A plea of guilty to, a judicial finding of guilt of, 15,776
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 15,777
practice;
(12) Commission of an act in the course of practice that 15,779
constitutes a misdemeanor in this state, regardless of the 15,781
jurisdiction in which the act was committed; 15,782
(13) A plea of guilty to, a judicial finding of guilt of, 15,785
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 15,786
(14) Commission of an act involving moral turpitude that 15,788
constitutes a misdemeanor in this state, regardless of the 15,790
jurisdiction in which the act was committed; 15,791
(15) Violation of the conditions of limitation placed by 15,793
the board upon a certificate to practice; 15,794
(16) Failure to pay license renewal fees specified in this 15,796
chapter; 15,797
(17) Except as authorized in section 4731.31 of the 15,799
Revised Code, engaging in the division of fees for referral of 15,801
patients, or the receiving of a thing of value in return for a 15,802
specific referral of a patient to utilize a particular service or 15,803
business;
368
(18) Subject to section 4731.226 of the Revised Code, 15,805
violation of any provision of a code of ethics of the American 15,807
medical association, the American osteopathic association, the 15,808
American podiatric medical association, or any other national 15,809
professional organizations that the board specifies by rule. The 15,811
state medical board shall obtain and keep on file current copies 15,812
of the codes of ethics of the various national professional 15,813
organizations. The individual whose certificate is being 15,814
suspended or revoked shall not be found to have violated any 15,816
provision of a code of ethics of an organization not appropriate 15,817
to the individual's profession. 15,818
For purposes of this division, a "provision of a code of 15,821
ethics of a national professional organization" does not include 15,822
any provision that would preclude the making of a report by a 15,823
physician of an employee's use of a drug of abuse, or of a 15,824
condition of an employee other than one involving the use of a 15,825
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 15,827
this division affects the immunity from civil liability conferred 15,828
by that section upon a physician who makes either type of report 15,829
in accordance with division (B) of that section. As used in this 15,830
division, "employee," "employer," and "physician" have the same 15,831
meanings as in section 2305.33 of the Revised Code. 15,832
(19) Inability to practice according to acceptable and 15,834
prevailing standards of care by reason of mental illness or 15,835
physical illness, including, but not limited to, physical 15,836
deterioration that adversely affects cognitive, motor, or 15,837
perceptive skills. 15,838
In enforcing this division, the board, upon a showing of a 15,841
possible violation, may compel any individual authorized to 15,842
practice by this chapter or who has submitted an application 15,844
pursuant to this chapter to submit to a mental examination, 15,846
physical examination, including an HIV test, or both a mental and 15,848
a physical examination. The expense of the examination is the 15,850
369
responsibility of the individual compelled to be examined. 15,851
Failure to submit to a mental or physical examination or consent 15,852
to an HIV test ordered by the board constitutes an admission of 15,853
the allegations against the individual unless the failure is due 15,855
to circumstances beyond the individual's control, and a default 15,856
and final order may be entered without the taking of testimony or 15,857
presentation of evidence. If the board finds an individual 15,858
unable to practice because of the reasons set forth in this 15,860
division, the board shall require the individual to submit to 15,861
care, counseling, or treatment by physicians approved or 15,862
designated by the board, as a condition for initial, continued, 15,863
reinstated, or renewed authority to practice. An individual 15,865
affected under this division shall be afforded an opportunity to 15,867
demonstrate to the board the ability to resume practice in 15,868
compliance with acceptable and prevailing standards under the 15,869
provisions of the individual's certificate. For the purpose of 15,871
this division, any individual who applies for or receives a 15,872
certificate to practice under this chapter accepts the privilege 15,873
of practicing in this state and, by so doing, shall be deemed to 15,876
have given consent to submit to a mental or physical examination 15,877
when directed to do so in writing by the board, and to have 15,878
waived all objections to the admissibility of testimony or 15,879
examination reports that constitute a privileged communication. 15,880
(20) Except when civil penalties are imposed under section 15,882
4731.225 or 4731.281 of the Revised Code, and subject to section 15,883
4731.226 of the Revised Code, violating or attempting to violate, 15,885
directly or indirectly, or assisting in or abetting the violation 15,886
of, or conspiring to violate, any provisions of this chapter or 15,887
any rule promulgated by the board.
This division does not apply to a violation or attempted 15,889
violation of, assisting in or abetting the violation of, or a 15,890
conspiracy to violate, any provision of this chapter or any rule 15,891
adopted by the board that would preclude the making of a report 15,894
by a physician of an employee's use of a drug of abuse, or of a 15,895
370
condition of an employee other than one involving the use of a 15,896
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 15,898
this division affects the immunity from civil liability conferred 15,899
by that section upon a physician who makes either type of report 15,900
in accordance with division (B) of that section. As used in this 15,901
division, "employee," "employer," and "physician" have the same 15,902
meanings as in section 2305.33 of the Revised Code. 15,903
(21) The violation of any abortion rule adopted by the 15,905
public health council pursuant to section 3701.341 of the Revised 15,906
Code; 15,907
(22) Any of the following actions taken by the state 15,909
agency responsible for regulating the practice of medicine and 15,910
surgery, osteopathic medicine and surgery, podiatry, or the 15,911
limited branches of medicine in another state, for any reason 15,912
other than the nonpayment of fees: the limitation, revocation, 15,913
or suspension of an individual's license to practice; acceptance 15,914
of an individual's license surrender; denial of a license; 15,915
refusal to renew or reinstate a license; imposition of probation; 15,917
or issuance of an order of censure or other reprimand; 15,918
(23) The violation of section 2919.12 of the Revised Code 15,920
or the performance or inducement of an abortion upon a pregnant 15,921
woman with actual knowledge that the conditions specified in 15,922
division (B) of section 2317.56 of the Revised Code have not been 15,923
satisfied or with a heedless indifference as to whether those 15,924
conditions have been satisfied, unless an affirmative defense as 15,925
specified in division (H)(2) of that section would apply in a 15,926
civil action authorized by division (H)(1) of that section; 15,927
(24) The revocation, suspension, restriction, reduction, 15,929
or termination of clinical privileges by the United States 15,931
department of defense or department of veterans affairs or the 15,933
termination or suspension of a certificate of registration to 15,934
prescribe drugs by the drug enforcement administration of the 15,935
United States department of justice; 15,936
371
(25) Termination or suspension from participation in the 15,938
medicare or medicaid programs by the department of health and 15,940
human services or other responsible agency for any act or acts 15,941
that also would constitute a violation of division (B)(2), (3), 15,942
(6), (8), or (19) of this section; 15,943
(26) Impairment of ability to practice according to 15,945
acceptable and prevailing standards of care because of habitual 15,946
or excessive use or abuse of drugs, alcohol, or other substances 15,947
that impair ability to practice. 15,948
For the purposes of this division, any individual 15,950
authorized to practice by this chapter accepts the privilege of 15,952
practicing in this state subject to supervision by the board. By 15,953
filing an application for or holding a certificate to practice 15,956
under this chapter, an individual shall be deemed to have given 15,958
consent to submit to a mental or physical examination when 15,959
ordered to do so by the board in writing, and to have waived all 15,960
objections to the admissibility of testimony or examination 15,961
reports that constitute privileged communications. 15,962
If it has reason to believe that any individual authorized 15,964
to practice by this chapter or any applicant for certification to 15,966
practice suffers such impairment, the board may compel the 15,967
individual to submit to a mental or physical examination, or 15,968
both. The expense of the examination is the responsibility of 15,970
the individual compelled to be examined. Any mental or physical 15,972
examination required under this division shall be undertaken by a 15,973
treatment provider or physician who is qualified to conduct the 15,974
examination and who is chosen by the board. 15,975
Failure to submit to a mental or physical examination 15,978
ordered by the board constitutes an admission of the allegations 15,979
against the individual unless the failure is due to circumstances 15,980
beyond the individual's control, and a default and final order 15,981
may be entered without the taking of testimony or presentation of 15,982
evidence. If the board determines that the individual's ability 15,983
to practice is impaired, the board shall suspend the individual's 15,984
372
certificate or deny the individual's application and shall 15,985
require the individual, as a condition for initial, continued, 15,986
reinstated, or renewed certification to practice, to submit to 15,988
treatment.
Before being eligible to apply for reinstatement of a 15,990
certificate suspended under this division, the impaired 15,992
practitioner shall demonstrate to the board the ability to resume 15,994
practice in compliance with acceptable and prevailing standards 15,995
of care under the provisions of the practitioner's certificate. 15,996
The demonstration shall include, but shall not be limited to, the 15,998
following:
(a) Certification from a treatment provider approved under 16,000
section 4731.25 of the Revised Code that the individual has 16,002
successfully completed any required inpatient treatment; 16,003
(b) Evidence of continuing full compliance with an 16,005
aftercare contract or consent agreement; 16,006
(c) Two written reports indicating that the individual's 16,008
ability to practice has been assessed and that the individual has 16,009
been found capable of practicing according to acceptable and 16,010
prevailing standards of care. The reports shall be made by 16,011
individuals or providers approved by the board for making the 16,012
assessments and shall describe the basis for their determination. 16,013
The board may reinstate a certificate suspended under this 16,016
division after that demonstration and after the individual has 16,017
entered into a written consent agreement. 16,018
When the impaired practitioner resumes practice, the board 16,020
shall require continued monitoring of the individual. The 16,022
monitoring shall include, but not be limited to, compliance with 16,024
the written consent agreement entered into before reinstatement 16,025
or with conditions imposed by board order after a hearing, and, 16,026
upon termination of the consent agreement, submission to the 16,027
board for at least two years of annual written progress reports 16,028
made under penalty of perjury stating whether the individual has 16,029
maintained sobriety. 16,030
373
(27) A second or subsequent violation of section 4731.66 16,032
or 4731.69 of the Revised Code; 16,033
(28) Except as provided in division (N) of this section: 16,035
(a) Waiving the payment of all or any part of a deductible 16,038
or copayment that a patient, pursuant to a health insurance or 16,039
health care policy, contract, or plan that covers the 16,040
individual's services, otherwise would be required to pay if the 16,042
waiver is used as an enticement to a patient or group of patients 16,043
to receive health care services from that individual; 16,044
(b) Advertising that the individual will waive the payment 16,047
of all or any part of a deductible or copayment that a patient, 16,048
pursuant to a health insurance or health care policy, contract, 16,049
or plan that covers the individual's services, otherwise would be 16,051
required to pay. 16,052
(29) Failure to use universal blood and body fluid 16,054
precautions established by rules adopted under section 4731.051 16,055
of the Revised Code; 16,056
(30) Failure of a collaborating physician to perform the 16,059
responsibilities agreed to by the physician in the protocol 16,060
established between the physician and an advanced practice nurse 16,061
in accordance with section 4723.56 of the Revised Code; 16,062
(31) Failure to provide notice to, and receive 16,064
acknowledgment of the notice from, a patient when required by 16,066
section 4731.143 of the Revised Code prior to providing 16,067
nonemergency professional services, or failure to maintain that 16,068
notice in the patient's file;
(32) Failure of a physician supervising a physician 16,070
assistant to maintain supervision in accordance with the 16,071
requirements of Chapter 4730. of the Revised Code and the rules 16,072
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 16,074
standard care arrangement with a clinical nurse specialist, 16,075
certified nurse-midwife, or certified nurse practitioner with 16,076
whom the physician or podiatrist is in collaboration pursuant to 16,077
374
section 4731.27 of the Revised Code and practice in accordance 16,078
with the arrangement;
(34) Failure to comply with the terms of a consult 16,080
agreement entered into with a pharmacist pursuant to section 16,081
4729.39 of the Revised Code; 16,082
(35) Failure to cooperate in an investigation conducted by 16,084
the board under division (F) of this section, including failure 16,086
to comply with a subpoena or order issued by the board or failure 16,087
to answer truthfully a question presented by the board at a 16,088
deposition or in written interrogatories, except that failure to 16,089
cooperate with an investigation shall not constitute grounds for 16,090
discipline under this section if a court of competent 16,091
jurisdiction has issued an order that either quashes a subpoena 16,092
or permits the individual to withhold the testimony or evidence 16,093
in issue.
(C) Disciplinary actions taken by the board under 16,095
divisions (A) and (B) of this section shall be taken pursuant to 16,096
an adjudication under Chapter 119. of the Revised Code, except 16,097
that in lieu of an adjudication, the board may enter into a 16,098
consent agreement with an individual to resolve an allegation of 16,099
a violation of this chapter or any rule adopted under it. A 16,100
consent agreement, when ratified by an affirmative vote of not 16,101
fewer than six members of the board, shall constitute the 16,102
findings and order of the board with respect to the matter 16,103
addressed in the agreement. If the board refuses to ratify a 16,104
consent agreement, the admissions and findings contained in the 16,105
consent agreement shall be of no force or effect. 16,106
(D) For purposes of divisions (B)(10), (12), and (14) of 16,108
this section, the commission of the act may be established by a 16,109
finding by the board, pursuant to an adjudication under Chapter 16,111
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 16,114
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 16,117
375
The board has jurisdiction under those divisions if the trial 16,118
court issues an order of dismissal upon technical or procedural 16,119
grounds.
(E) The sealing of conviction records by any court shall 16,121
have no effect upon a prior board order entered under this 16,122
section or upon the board's jurisdiction to take action under 16,123
this section if, based upon a plea of guilty, a judicial finding 16,125
of guilt, or a judicial finding of eligibility for treatment in 16,126
lieu of conviction, the board issued a notice of opportunity for 16,127
a hearing prior to the court's order to seal the records. The 16,128
board shall not be required to seal, destroy, redact, or 16,129
otherwise modify its records to reflect the court's sealing of 16,130
conviction records. 16,131
(F)(1) The board shall investigate evidence that appears 16,133
to show that a person has violated any provision of this chapter 16,135
or any rule adopted under it. Any person may report to the board
in a signed writing any information that the person may have that 16,137
appears to show a violation of any provision of this chapter or 16,138
any rule adopted under it. In the absence of bad faith, any 16,140
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 16,142
of the Revised Code shall not be liable in damages in a civil 16,143
action as a result of the report or testimony. Each complaint or 16,145
allegation of a violation received by the board shall be assigned 16,146
a case number and shall be recorded by the board. 16,147
(2) Investigations of alleged violations of this chapter 16,149
or any rule adopted under it shall be supervised by the 16,151
supervising member elected by the board in accordance with 16,152
section 4731.02 of the Revised Code and by the secretary as 16,153
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 16,155
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 16,157
participate in further adjudication of the case.
376
(3) In investigating a possible violation of this chapter 16,160
or any rule adopted under this chapter, the board may administer 16,162
oaths, order the taking of depositions, issue subpoenas, and 16,163
compel the attendance of witnesses and production of books, 16,164
accounts, papers, records, documents, and testimony, except that 16,165
a subpoena for patient record information shall not be issued 16,166
without consultation with the attorney general's office and 16,167
approval of the secretary and supervising member of the board. 16,169
Before issuance of a subpoena for patient record information, the 16,170
secretary and supervising member shall determine whether there is 16,173
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 16,174
the records sought are relevant to the alleged violation and 16,176
material to the investigation. The subpoena may apply only to 16,177
records that cover a reasonable period of time surrounding the 16,178
alleged violation. 16,179
On failure to comply with any subpoena issued by the board 16,182
and after reasonable notice to the person being subpoenaed, the 16,183
board may move for an order compelling the production of persons 16,184
or records pursuant to the Rules of Civil Procedure. 16,185
A subpoena issued by the board may be served by a sheriff, 16,187
the sheriff's deputy, or a board employee designated by the 16,188
board. Service of a subpoena issued by the board may be made by 16,190
delivering a copy of the subpoena to the person named therein, 16,191
reading it to the person, or leaving it at the person's usual 16,192
place of residence. When the person being served is a person 16,193
whose practice is authorized by this chapter, service of the 16,194
subpoena may be made by certified mail, restricted delivery, 16,195
return receipt requested, and the subpoena shall be deemed served 16,196
on the date delivery is made or the date the person refuses to 16,197
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 16,199
same fees as a sheriff. Each witness who appears before the 16,201
board in obedience to a subpoena shall receive the fees and 16,203
377
mileage provided for witnesses in civil cases in the courts of 16,204
common pleas.
(4) All hearings and investigations of the board shall be 16,206
considered civil actions for the purposes of section 2305.251 of 16,207
the Revised Code. 16,208
(5) Information received by the board pursuant to an 16,210
investigation is confidential and not subject to discovery in any 16,211
civil action. 16,212
The board shall conduct all investigations and proceedings 16,214
in a manner that protects the confidentiality of patients and 16,216
persons who file complaints with the board. The board shall not 16,218
make public the names or any other identifying information about 16,219
patients or complainants unless proper consent is given or, in 16,220
the case of a patient, a waiver of the patient privilege exists 16,221
under division (B) of section 2317.02 of the Revised Code, except 16,222
that consent or a waiver of that nature is not required if the 16,223
board possesses reliable and substantial evidence that no bona 16,225
fide physician-patient relationship exists. 16,226
The board may share any information it receives pursuant to 16,229
an investigation, including patient records and patient record 16,230
information, with other licensing boards and governmental 16,231
agencies that are investigating alleged professional misconduct 16,232
and with law enforcement agencies and other governmental agencies 16,234
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 16,235
the same requirements regarding confidentiality as those with 16,236
which the state medical board must comply, notwithstanding any 16,237
conflicting provision of the Revised Code or procedure of the 16,239
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 16,241
admitted into evidence in a criminal trial in accordance with the 16,242
Rules of Evidence, but the court shall require that appropriate 16,243
measures are taken to ensure that confidentiality is maintained 16,244
with respect to any part of the information that contains names 16,245
378
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 16,246
when the information was in the board's possession. Measures to 16,247
ensure confidentiality that may be taken by the court include 16,248
sealing its records or deleting specific information from its 16,250
records.
(6) On a quarterly basis, the board shall prepare a report 16,252
that documents the disposition of all cases during the preceding 16,253
three months. The report shall contain the following information 16,254
for each case with which the board has completed its activities: 16,255
(a) The case number assigned to the complaint or alleged 16,257
violation; 16,258
(b) The type of certificate to practice, if any, held by 16,261
the individual against whom the complaint is directed; 16,262
(c) A description of the allegations contained in the 16,264
complaint; 16,265
(d) The disposition of the case. 16,267
The report shall state how many cases are still pending and 16,270
shall be prepared in a manner that protects the identity of each 16,272
person involved in each case. The report shall be a public 16,273
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 16,275
there is clear and convincing evidence that an individual has 16,277
violated division (B) of this section and that the individual's 16,278
continued practice presents a danger of immediate and serious 16,280
harm to the public, they may recommend that the board suspend the 16,281
individual's certificate to practice without a prior hearing. 16,283
Written allegations shall be prepared for consideration by the
board. 16,284
The board, upon review of those allegations and by an 16,286
affirmative vote of not fewer than six of its members, excluding 16,288
the secretary and supervising member, may suspend a certificate 16,289
without a prior hearing. A telephone conference call may be 16,290
utilized for reviewing the allegations and taking the vote on the 16,291
379
summary suspension. 16,292
The board shall issue a written order of suspension by 16,294
certified mail or in person in accordance with section 119.07 of 16,295
the Revised Code. The order shall not be subject to suspension 16,297
by the court during pendency of any appeal filed under section 16,298
119.12 of the Revised Code. If the individual subject to the 16,300
summary suspension requests an adjudicatory hearing by the board, 16,301
the date set for the hearing shall be within fifteen days, but 16,302
not earlier than seven days, after the individual requests the 16,304
hearing, unless otherwise agreed to by both the board and the 16,305
individual.
Any summary suspension imposed under this division shall 16,307
remain in effect, unless reversed on appeal, until a final 16,308
adjudicative order issued by the board pursuant to this section 16,309
and Chapter 119. of the Revised Code becomes effective. The 16,310
board shall issue its final adjudicative order within sixty days 16,311
after completion of its hearing. A failure to issue the order 16,312
within sixty days shall result in dissolution of the summary 16,313
suspension order but shall not invalidate any subsequent, final 16,314
adjudicative order. 16,315
(H) If the board takes action under division (B)(9), (11), 16,318
or (13) of this section and the judicial finding of guilt, guilty 16,319
plea, or judicial finding of eligibility for treatment in lieu of 16,320
conviction is overturned on appeal, upon exhaustion of the 16,322
criminal appeal, a petition for reconsideration of the order may 16,323
be filed with the board along with appropriate court documents. 16,324
Upon receipt of a petition of that nature and supporting court 16,325
documents, the board shall reinstate the individual's certificate 16,326
to practice. The board may then hold an adjudication under 16,327
Chapter 119. of the Revised Code to determine whether the 16,328
individual committed the act in question. Notice of an 16,330
opportunity for a hearing shall be given in accordance with 16,331
Chapter 119. of the Revised Code. If the board finds, pursuant 16,332
to an adjudication held under this division, that the individual 16,333
380
committed the act or if no hearing is requested, the board may 16,335
order any of the sanctions identified under division (B) of this 16,336
section.
(I) The certificate to practice issued to an individual 16,338
under this chapter and the individual's practice in this state 16,340
are automatically suspended as of the date the individual pleads
guilty to, is found by a judge or jury to be guilty of, or is 16,342
subject to a judicial finding of eligibility for INTERVENTION IN 16,343
LIEU OF CONVICTION IN THIS STATE OR treatment OR INTERVENTION in 16,344
lieu of conviction IN ANOTHER STATE for any of the following 16,346
criminal offenses in this state or a substantially equivalent 16,348
criminal offense in another jurisdiction: aggravated murder, 16,349
murder, voluntary manslaughter, felonious assault, kidnapping, 16,350
rape, sexual battery, gross sexual imposition, aggravated arson, 16,351
aggravated robbery, or aggravated burglary. Continued practice 16,353
after suspension shall be considered practicing without a 16,354
certificate.
The board shall notify the individual subject to the 16,357
suspension by certified mail or in person in accordance with 16,358
section 119.07 of the Revised Code. If an individual whose 16,359
certificate is suspended under this division fails to make a 16,360
timely request for an adjudication under Chapter 119. of the 16,361
Revised Code, the board shall enter a final order permanently 16,362
revoking the individual's certificate to practice. 16,363
(J) If the board is required by Chapter 119. of the 16,366
Revised Code to give notice of an opportunity for a hearing and 16,367
if the individual subject to the notice does not timely request a 16,368
hearing in accordance with section 119.07 of the Revised Code, 16,370
the board is not required to hold a hearing, but may adopt, by an 16,371
affirmative vote of not fewer than six of its members, a final 16,373
order that contains the board's findings. In that final order, 16,374
the board may order any of the sanctions identified under 16,375
division (A) or (B) of this section. 16,376
(K) Any action taken by the board under division (B) of 16,378
381
this section resulting in a suspension from practice shall be 16,379
accompanied by a written statement of the conditions under which 16,380
the individual's certificate to practice may be reinstated. The 16,382
board shall adopt rules governing conditions to be imposed for 16,383
reinstatement. Reinstatement of a certificate suspended pursuant 16,384
to division (B) of this section requires an affirmative vote of 16,385
not fewer than six members of the board. 16,386
(L) When the board refuses to grant a certificate to an 16,389
applicant, revokes an individual's certificate to practice, 16,391
refuses to register an applicant, or refuses to reinstate an 16,392
individual's certificate to practice, the board may specify that 16,393
its action is permanent. An individual subject to a permanent 16,394
action taken by the board is forever thereafter ineligible to 16,395
hold a certificate to practice and the board shall not accept an 16,396
application for reinstatement of the certificate or for issuance 16,397
of a new certificate.
(M) Notwithstanding any other provision of the Revised 16,399
Code, all of the following apply: 16,400
(1) The surrender of a certificate issued under this 16,402
chapter shall not be effective unless or until accepted by the 16,404
board. Reinstatement of a certificate surrendered to the board 16,405
requires an affirmative vote of not fewer than six members of the 16,406
board.
(2) An application for a certificate made under the 16,409
provisions of this chapter may not be withdrawn without approval 16,411
of the board.
(3) Failure by an individual to renew a certificate of 16,414
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 16,416
under this section against the individual. 16,417
(N) Sanctions shall not be imposed under division (B)(28) 16,420
of this section against any person who waives deductibles and 16,421
copayments as follows:
(1) In compliance with the health benefit plan that 16,423
382
expressly allows such a practice. Waiver of the deductibles or 16,424
copayments shall be made only with the full knowledge and consent 16,425
of the plan purchaser, payer, and third-party administrator. 16,426
Documentation of the consent shall be made available to the board 16,427
upon request.
(2) For professional services rendered to any other person 16,429
authorized to practice pursuant to this chapter, to the extent 16,431
allowed by this chapter and rules adopted by the board. 16,432
(O) Under the board's investigative duties described in 16,434
this section and subject to division (F) of this section, the 16,436
board shall develop and implement a quality intervention program 16,438
designed to improve through remedial education the clinical and 16,440
communication skills of individuals authorized under this chapter 16,441
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 16,443
quality intervention program, the board may do all of the 16,444
following:
(1) Offer in appropriate cases as determined by the board 16,446
an educational and assessment program pursuant to an 16,447
investigation the board conducts under this section; 16,448
(2) Select providers of educational and assessment 16,450
services, including a quality intervention program panel of case 16,451
reviewers;
(3) Make referrals to educational and assessment service 16,454
providers and approve individual educational programs recommended 16,455
by those providers. The board shall monitor the progress of each 16,456
individual undertaking a recommended individual educational 16,457
program. 16,458
(4) Determine what constitutes successful completion of an 16,460
individual educational program and require further monitoring of 16,461
the individual who completed the program or other action that the 16,463
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 16,465
Revised Code to further implement the quality intervention 16,467
383
program.
An individual who participates in an individual educational 16,470
program pursuant to this division shall pay the financial 16,471
obligations arising from that educational program. 16,472
Sec. 4953.11. The officers and agents (A) AN OFFICER OR 16,481
AGENT of a union terminal company shall have the same authority 16,484
to arrest and bring to justice pickpockets, thieves, persons who
violate WHO HAS PROBABLE CAUSE TO BELIEVE THAT A PERSON IS A 16,485
PICKPOCKET, IS A THIEF, HAS VIOLATED the public peace, persons 16,486
who violate any rules and regulations HAS VIOLATED ANY RULE OR 16,487
REGULATION posted as provided by section 4953.07 of the Revised 16,490
Code, and persons who commit crimes and misdemeanors OR HAS 16,491
COMMITTED ANY CRIME OR MISDEMEANOR on the depot grounds, as 16,492
constables possess within their respective townships MAY DETAIN 16,494
THE PERSON IN A REASONABLE MANNER AND FOR A REASONABLE LENGTH OF 16,495
TIME WITHIN THE PROPERTY OF THE UNION TERMINAL COMPANY, FOR THE 16,496
PURPOSE OF RECOVERING ANY PROPERTY INVOLVED IN THE VIOLATION, 16,497
CAUSING AN ARREST TO BE MADE BY A PEACE OFFICER, OR OBTAINING A 16,498
WARRANT OF ARREST. 16,499
(B) AN OFFICER OR AGENT OF A UNION TERMINAL COMPANY ACTING 16,502
UNDER DIVISION (A) OF THIS SECTION SHALL NOT SEARCH THE PERSON 16,504
DETAINED, SEARCH OR SEIZE ANY PROPERTY BELONGING TO THE PERSON 16,505
DETAINED WITHOUT THE PERSON'S CONSENT, OR USE UNDUE RESTRAINT 16,506
UPON THE PERSON DETAINED.
(C) ANY PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF 16,509
THE REVISED CODE, MAY ARREST WITHOUT A WARRANT ANY PERSON WHO THE 16,511
OFFICER HAS PROBABLE CAUSE TO BELIEVE IS A PICKPOCKET, IS A 16,512
THIEF, HAS VIOLATED ANY RULE OR REGULATION PROVIDED BY SECTION 16,513
4953.07 OF THE REVISED CODE THAT ALSO IS A VIOLATION OF LAW, OR 16,515
HAS COMMITTED ANY CRIME OR MISDEMEANOR ON THE DEPOT GROUNDS AND 16,516
SHALL MAKE THE ARREST WITHIN A REASONABLE TIME AFTER THE 16,517
COMMISSION OF THE ACT OR VIOLATION THAT IS THE BASIS OF THE 16,518
ARREST.
Sec. 4973.23. The (A) A conductor of every ANY train 16,528
384
carrying passengers OR OF THE CARS OF ANY INTERURBAN RAILROAD 16,529
CARRYING PASSENGERS, and the A ticket agent and special policemen 16,530
employed in or about a railroad or interurban railroad station 16,531
have the powers, duties, and responsibilities of police officers, 16,533
while on duty on such THE train or cars, or in or about such THE 16,535
station, and may wear the badge of a special policeman WHO HAS 16,537
PROBABLE CAUSE TO BELIEVE THAT A PERSON HAS COMMITTED AN OFFENSE 16,538
MAY DETAIN THE PERSON IN A REASONABLE MANNER AND FOR A REASONABLE 16,539
LENGTH OF TIME WITHIN THE TRAIN, THE CARS, OR THE STATION, FOR 16,540
THE PURPOSE OF RECOVERING ANY PROPERTY INVOLVED IN THE OFFENSE, 16,541
CAUSING AN ARREST TO BE MADE BY A PEACE OFFICER, OR OBTAINING A 16,542
WARRANT OF ARREST. 16,543
(B) A CONDUCTOR OR TICKET AGENT ACTING UNDER DIVISION (A) 16,547
OF THIS SECTION SHALL NOT SEARCH THE PERSON DETAINED, SEARCH OR 16,548
SEIZE ANY PROPERTY BELONGING TO THE PERSON DETAINED WITHOUT THE 16,549
PERSON'S CONSENT, OR USE UNDUE RESTRAINT UPON THE PERSON 16,550
DETAINED.
(C) ANY PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF 16,553
THE REVISED CODE, MAY ARREST WITHOUT A WARRANT ANY PERSON WHO THE 16,555
OFFICER HAS PROBABLE CAUSE TO BELIEVE HAS COMMITTED ANY VIOLATION 16,556
OF LAW AND SHALL MAKE THE ARREST WITHIN A REASONABLE TIME AFTER 16,559
THE COMMISSION OF THE VIOLATION OF LAW.
Sec. 4973.25. When a passenger is guilty of an offense on 16,568
a passenger train or the cars of an interurban railroad carrying 16,570
passengers, the conductor of such train or cars may arrest and 16,571
take him before a magistrate having cognizance of such offense in 16,572
any county in which such train or cars runs, and file an 16,573
affidavit before such magistrate charging him with the offense. 16,574
In no case shall the liability of a railroad company for damages 16,575
caused by the conduct of its conductor be affected by this 16,576
section and section 4973.23 OR 4973.24 of the Revised Code. 16,577
Sec. 5120.031. (A) As used in this section: 16,584
(1) "Certificate of high school equivalence" means a 16,586
statement that is issued by the state board of education or an 16,587
385
equivalent agency of another state and that indicates that its 16,588
holder has achieved the equivalent of a high school education as 16,589
measured by scores obtained on the tests of general educational 16,590
development published by the American council on education. 16,591
(2) "Certificate of adult basic education" means a 16,593
statement that is issued by the department of rehabilitation and 16,594
correction through the Ohio central school system approved by the 16,595
state board of education and that indicates that its holder has 16,596
achieved a 6.0 grade level, or higher, as measured by scores of 16,597
nationally standardized or recognized tests. 16,598
(3) "Deadly weapon" and "firearm" have the same meanings 16,600
as in section 2923.11 of the Revised Code. 16,601
(4) "Eligible offender" means a person, other than one who 16,603
is ineligible to participate in an intensive program prison under 16,605
the criteria specified in section 5120.032 of the Revised Code, 16,606
who has been convicted of or pleaded guilty to, and has been 16,608
sentenced for, a felony.
(5) "Shock incarceration" means the program of 16,610
incarceration that is established pursuant to the rules of the 16,611
department of rehabilitation and correction adopted under this 16,612
section. 16,613
(B)(1) The director of rehabilitation and correction, by 16,615
rules adopted under Chapter 119. of the Revised Code, shall 16,616
establish a pilot program of shock incarceration that may be used 16,617
for eligible offenders who are sentenced to serve a term of 16,618
imprisonment under the custody of the department of 16,619
rehabilitation and correction and whom the department, subject to 16,620
the approval of the sentencing judge, may permit to serve their 16,622
sentence as a sentence of shock incarceration in accordance with 16,623
this section.
(2) The rules for the pilot program shall require that the 16,625
program be established at an appropriate state correctional 16,626
institution designated by the director and that the program 16,627
consist of both of the following for each eligible offender whom 16,629
386
the department, with the approval of the sentencing judge, 16,631
permits to serve the eligible offender's sentence as a sentence 16,632
of shock incarceration: 16,633
(a) A period of imprisonment at that institution of ninety 16,635
days that shall consist of a military style combination of 16,636
discipline, physical training, and hard labor and substance abuse 16,637
education, employment skills training, social skills training, 16,638
and psychological treatment. During the ninety-day period, the 16,639
department may permit an eligible offender to participate in a 16,640
self-help program. Additionally, during the ninety-day period, 16,641
an eligible offender who holds a high school diploma or a 16,642
certificate of high school equivalence may be permitted to tutor 16,643
other eligible offenders in the shock incarceration program. If 16,644
an eligible offender does not hold a high school diploma or 16,645
certificate of high school equivalence, the eligible offender may 16,646
elect to participate in an education program that is designed to 16,648
award a certificate of adult basic education or an education 16,649
program that is designed to award a certificate of high school 16,650
equivalence to those eligible offenders who successfully complete 16,651
the education program, whether the completion occurs during or 16,652
subsequent to the ninety-day period. To the extent possible, the 16,653
department shall use as teachers in the education program persons 16,654
who have been issued a license pursuant to sections 3319.22 to 16,655
3319.31 of the Revised Code, who have volunteered their services 16,656
to the education program, and who satisfy any other criteria 16,657
specified in the rules for the pilot project. 16,658
(b) Immediately following the ninety-day period of 16,660
imprisonment, and notwithstanding any other provision governing 16,661
the early release of a prisoner from imprisonment or the transfer 16,663
of a prisoner to transitional control, one of the following, as 16,664
determined by the director:
(i) An intermediate, transitional type of detention for 16,667
the period of time determined by the director and, immediately 16,668
following the intermediate, transitional type of detention, a 16,669
387
release under a post-release control sanction imposed in 16,670
accordance with section 2967.28 of the Revised Code. The period 16,672
of intermediate, transitional type of detention imposed by the 16,673
director under this division may be in a halfway house, in a 16,674
community-based correctional facility and program or district 16,675
community-based correctional facility and program established 16,676
under sections 2301.51 to 2301.56 of the Revised Code, or in any 16,677
other facility approved by the director that provides for 16,678
detention to serve as a transition between imprisonment in a 16,679
state correctional institution and release from imprisonment. 16,680
(ii) A release under a post-release control sanction 16,683
imposed in accordance with section 2967.28 of the Revised Code. 16,684
(3) The rules for the pilot program also shall include, 16,686
but are not limited to, all of the following: 16,687
(a) Rules identifying the locations within the state 16,689
correctional institution designated by the director that will be 16,690
used for eligible offenders serving a sentence of shock 16,691
incarceration; 16,692
(b) Rules establishing specific schedules of discipline, 16,694
physical training, and hard labor for eligible offenders serving 16,695
a sentence of shock incarceration, based upon the offender's 16,696
physical condition and needs; 16,697
(c) Rules establishing standards and criteria for the 16,699
department to use in determining which eligible offenders the 16,700
department will permit to serve their sentence of imprisonment as 16,701
a sentence of shock incarceration; 16,702
(d) Rules establishing guidelines for the selection of 16,706
post-release control sanctions for eligible offenders; 16,708
(e) Rules establishing procedures for notifying sentencing 16,712
courts of the performance of eligible offenders serving their 16,713
sentences of imprisonment as a sentence of shock incarceration; 16,714
(f) Any other rules that are necessary for the proper 16,717
conduct of the pilot program.
(C)(1) Subject to disapproval by the sentencing judge, if 16,719
388
IF an eligible offender is sentenced to a term of imprisonment 16,721
under the custody of the department, IF THE SENTENCING COURT 16,722
DETERMINED THAT THE OFFENDER IS ELIGIBLE FOR PLACEMENT IN A 16,724
PROGRAM OF SHOCK INCARCERATION UNDER THIS SECTION, AND IF THE
SENTENCING COURT EITHER RECOMMENDS THE OFFENDER FOR PLACEMENT IN 16,725
A PROGRAM OF SHOCK INCARCERATION OR MAKES NO RECOMMENDATION ON 16,726
PLACEMENT OF THE OFFENDER, the department may permit the eligible 16,728
offender to serve the sentence as a sentence IN A PROGRAM of 16,729
shock incarceration, in accordance WITH DIVISION (K) OF SECTION 16,730
2929.14 OF THE REVISED CODE, with this section, and WITH the 16,732
rules adopted under this section. At
IF THE SENTENCING COURT RECOMMENDS THE OFFENDER FOR 16,734
PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION AND THE DEPARTMENT 16,735
SUBSEQUENTLY PLACES THE OFFENDER IN THE RECOMMENDED PROGRAM, THE 16,736
DEPARTMENT SHALL NOTIFY THE COURT OF THE OFFENDER'S PLACEMENT IN 16,737
THE RECOMMENDED PROGRAM AND SHALL INCLUDE WITH THE NOTICE A BRIEF 16,738
DESCRIPTION OF THE PLACEMENT.
IF THE SENTENCING COURT APPROVES PLACEMENT OF THE OFFENDER 16,740
IN A PROGRAM OF SHOCK INCARCERATION AND THE DEPARTMENT DOES NOT 16,741
SUBSEQUENTLY PLACE THE OFFENDER IN THE RECOMMENDED PROGRAM, THE 16,743
DEPARTMENT SHALL SEND A NOTICE TO THE COURT INDICATING WHY THE 16,744
OFFENDER WAS NOT PLACED IN THE RECOMMENDED PROGRAM.
IF THE SENTENCING COURT DOES NOT MAKE A RECOMMENDATION ON 16,746
THE PLACEMENT OF AN ELIGIBLE OFFENDER IN A PROGRAM OF SHOCK 16,748
INCARCERATION, THE DEPARTMENT SHALL SCREEN THE OFFENDER AND 16,749
DETERMINE IF THE OFFENDER IS SUITED FOR THE PROGRAM OF SHOCK 16,750
INCARCERATION. IF THE OFFENDER IS SUITED FOR THE PROGRAM OF
SHOCK INCARCERATION, AT least three weeks prior to permitting an 16,753
eligible offender to serve a THE sentence IN A PROGRAM of shock 16,755
incarceration, the department shall notify the sentencing judge
COURT of the proposed shock incarceration and of the fact that 16,757
the judge may disapprove it PLACEMENT OF THE OFFENDER IN THE 16,758
PROGRAM AND SHALL INCLUDE WITH THE NOTICE A BRIEF DESCRIPTION OF 16,759
THE PLACEMENT. THE COURT SHALL HAVE TEN DAYS FROM RECEIPT OF THE 16,760
389
NOTICE TO DISAPPROVE THE PLACEMENT. If the sentencing judge 16,761
COURT disapproves of shock incarceration for the eligible 16,762
offender, the judge shall notify the department of the 16,763
disapproval within ten days after receipt of the notice, and THE 16,765
PLACEMENT, the department shall not permit the eligible offender 16,766
to serve a THE sentence IN A PROGRAM of shock incarceration. If 16,768
the judge does not timely disapprove of PLACEMENT OF THE OFFENDER 16,769
IN THE PROGRAM OF shock incarceration for the eligible offender, 16,770
the department may proceed with plans for the shock incarceration 16,771
PLACEMENT OF THE OFFENDER. 16,772
IF THE SENTENCING COURT DETERMINED THAT THE OFFENDER IS NOT 16,774
ELIGIBLE FOR PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION OR IF 16,775
THE SENTENCING COURT DISAPPROVES PLACEMENT OF THE OFFENDER IN A 16,776
PROGRAM OF THAT NATURE, THE DEPARTMENT OF REHABILITATION AND 16,777
CORRECTION SHALL NOT PLACE THE OFFENDER IN ANY PROGRAM OF SHOCK 16,778
INCARCERATION.
(2) If the department permits an eligible offender to 16,780
serve the eligible offender's sentence of imprisonment as a 16,781
sentence of shock incarceration and the eligible offender does 16,782
not satisfactorily complete the entire period of imprisonment 16,783
described in division (B)(2)(a) of this section, the offender 16,784
shall be removed from the pilot program for shock incarceration 16,785
and shall be required to serve the remainder of the offender's 16,786
sentence of imprisonment imposed by the sentencing court as a 16,788
regular term of imprisonment. If the eligible offender commences 16,789
a period of post-release control described in division (B)(2)(b) 16,791
of this section and violates the conditions of that post-release 16,792
control, the eligible offender shall be subject to the provisions 16,793
of sections 2967.15 and 2967.28 of the Revised Code regarding 16,795
violation of post-release control sanctions.
(3) If an eligible offender's stated prison term expires 16,799
at any time during the eligible offender's participation in the 16,801
shock incarceration program, the adult parole authority shall 16,802
terminate the eligible offender's participation in the program 16,804
390
and shall issue to the eligible offender a certificate of 16,806
expiration of the stated prison term. 16,807
(D) The director shall keep sentencing courts informed of 16,809
the performance of eligible offenders serving their sentences of 16,810
imprisonment as a sentence of shock incarceration, including, but 16,811
not limited to, notice of eligible offenders who fail to 16,812
satisfactorily complete their entire sentence of shock 16,813
incarceration or who satisfactorily complete their entire 16,814
sentence of shock incarceration. 16,815
(E) Within a reasonable period of time after November 20, 16,818
1990, the director shall appoint a committee to search for one or 16,821
more suitable sites at which one or more programs of shock 16,822
incarceration, in addition to the pilot program required by 16,823
division (B)(1) of this section, may be established. The search
committee shall consist of the director or the director's 16,824
designee, as chairperson; employees of the department of 16,826
rehabilitation and correction appointed by the director; and any 16,827
other persons that the director, in the director's discretion, 16,828
appoints. In searching for such sites, the search committee 16,830
shall give preference to any site owned by the state or any other 16,831
governmental entity and to any existing structure that reasonably 16,832
could be renovated, enlarged, converted, or remodeled for 16,833
purposes of establishing such a program. The search committee 16,834
shall prepare a report concerning its activities and, on the 16,835
earlier of the day that is twelve months after the first day on 16,836
which an eligible offender began serving a sentence of shock 16,837
incarceration under the pilot program or January 1, 1992, shall 16,838
file the report with the president and the minority leader of the 16,839
senate, the speaker and the minority leader of the house of 16,840
representatives, the members of the senate who were members of 16,841
the senate judiciary committee in the 118th general assembly or 16,842
their successors, and the members of the house of representatives 16,843
who were members of the select committee to hear drug legislation 16,844
that was established in the 118th general assembly or their 16,845
391
successors. Upon the filing of the report, the search committee 16,846
shall terminate. The report required by this division shall 16,847
contain all of the following: 16,848
(1) A summary of the process used by the search committee 16,850
in performing its duties under this division; 16,851
(2) A summary of all of the sites reviewed by the search 16,853
committee in performing its duties under this division, and the 16,854
benefits and disadvantages it found relative to the establishment 16,855
of a program of shock incarceration at each such site; 16,856
(3) The findings and recommendations of the search 16,858
committee as to the suitable site or sites, if any, at which a 16,859
program of shock incarceration, in addition to the pilot program 16,860
required by division (B)(1) of this section, may be established. 16,861
(F) The director periodically shall review the pilot 16,863
program for shock incarceration required to be established by 16,864
division (B)(1) of this section. The director shall prepare a 16,865
report relative to the pilot program and, on the earlier of the 16,866
day that is twelve months after the first day on which an 16,867
eligible offender began serving a sentence of shock incarceration 16,868
under the pilot program or January 1, 1992, shall file the report 16,869
with the president and the minority leader of the senate, the 16,870
speaker and the minority leader of the house of representatives, 16,871
the members of the senate who were members of the senate 16,872
judiciary committee in the 118th general assembly or their 16,873
successors, and the members of the house of representatives who 16,874
were members of the select committee to hear drug legislation 16,875
that was established in the 118th general assembly or their 16,876
successors. The pilot program shall not terminate at the time of 16,877
the filing of the report, but shall continue in operation in 16,878
accordance with this section. The report required by this 16,879
division shall include all of the following: 16,880
(1) A summary of the pilot program as initially 16,882
established, a summary of all changes in the pilot program made 16,883
during the period covered by the report and the reasons for the 16,884
392
changes, and a summary of the pilot program as it exists on the 16,885
date of preparation of the report; 16,886
(2) A summary of the effectiveness of the pilot program, 16,888
in the opinion of the director and employees of the department 16,889
involved in its operation; 16,890
(3) An analysis of the total cost of the pilot program, of 16,892
its cost per inmate who was permitted to serve a sentence of 16,893
shock incarceration and who served the entire sentence of shock 16,894
incarceration, and of its cost per inmate who was permitted to 16,895
serve a sentence of shock incarceration; 16,896
(4) A summary of the standards and criteria used by the 16,898
department in determining which eligible offenders were permitted 16,899
to serve their sentence of imprisonment as a sentence of shock 16,900
incarceration; 16,901
(5) A summary of the characteristics of the eligible 16,903
offenders who were permitted to serve their sentence of 16,904
imprisonment as a sentence of shock incarceration, which summary 16,905
shall include, but not be limited to, a listing of every offense 16,906
of which any such eligible offender was convicted or to which any 16,907
such eligible offender pleaded guilty and in relation to which 16,908
the eligible offender served a sentence of shock incarceration, 16,910
and the total number of such eligible offenders who were 16,911
convicted of or pleaded guilty to each such offense; 16,912
(6) A listing of the number of eligible offenders who were 16,914
permitted to serve a sentence of shock incarceration and who did 16,915
not serve the entire sentence of shock incarceration, and, to the 16,916
extent possible, a summary of the length of the terms of 16,917
imprisonment served by such eligible offenders after they were 16,918
removed from the pilot program; 16,919
(7) A summary of the effect of the pilot program on 16,921
overcrowding at state correctional institutions; 16,922
(8) To the extent possible, an analysis of the rate of 16,924
recidivism of eligible offenders who were permitted to serve a 16,925
sentence of shock incarceration and who served the entire 16,926
393
sentence of shock incarceration; 16,927
(9) Recommendations as to legislative changes to the pilot 16,929
program that would assist in its operation or that could further 16,930
alleviate overcrowding at state correctional institutions, and 16,931
recommendations as to whether the pilot program should be 16,932
expanded. 16,933
Sec. 5120.032. (A) No later than January 1, 1998, the 16,943
department of rehabilitation and correction shall develop and 16,945
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this 16,946
section. The intensive program prisons shall include institutions 16,947
at which imprisonment of the type described in division (B)(2)(a) 16,949
of section 5120.031 of the Revised Code is provided and prisons 16,950
that focus on educational achievement, vocational training, 16,951
alcohol and other drug abuse treatment, community service and 16,952
conservation work, and other intensive regimens or combinations 16,953
of intensive regimens.
(B)(1)(a) Except as provided in division (B)(2) of this 16,956
section, IF THE SENTENCING COURT DETERMINES THAT A PRISONER IS 16,957
ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON UNDER THIS 16,958
SECTION AND THE SENTENCING COURT EITHER RECOMMENDS THE OFFENDER 16,959
FOR PLACEMENT IN THE INTENSIVE PROGRAM PRISON OR MAKES NO 16,960
RECOMMENDATION ON PLACEMENT OF THE PRISONER, the department may 16,961
place a THE prisoner in an intensive program prison established 16,963
pursuant to division (A) of this section subject to the approval 16,964
of the sentencing judge. At
IF THE SENTENCING COURT RECOMMENDS A PRISONER FOR PLACEMENT 16,966
IN AN INTENSIVE PROGRAM PRISON AND THE DEPARTMENT SUBSEQUENTLY 16,967
PLACES THE PRISONER IN THE RECOMMENDED PRISON, THE DEPARTMENT 16,968
SHALL NOTIFY THE COURT OF THE PRISONER'S PLACEMENT IN THE 16,969
RECOMMENDED INTENSIVE PROGRAM PRISON AND SHALL INCLUDE WITH THE 16,970
NOTICE A BRIEF DESCRIPTION OF THE PLACEMENT.
IF THE SENTENCING COURT APPROVES PLACEMENT OF A PRISONER IN 16,972
AN INTENSIVE PROGRAM PRISON AND THE DEPARTMENT DOES NOT 16,973
394
SUBSEQUENTLY PLACE THE OFFENDER IN THE RECOMMENDED PRISON, THE 16,974
DEPARTMENT SHALL SEND A NOTICE TO THE COURT INDICATING WHY THE 16,975
PRISONER WAS NOT PLACED IN THE RECOMMENDED PRISON.
IF THE SENTENCING COURT DOES NOT MAKE A RECOMMENDATION ON 16,977
THE PLACEMENT OF AN ELIGIBLE PRISONER IN AN INTENSIVE PROGRAM 16,978
PRISON, THE DEPARTMENT SHALL SCREEN THE PRISONER AND DETERMINE IF 16,979
THE PRISONER IS SUITED FOR THE PRISON. IF THE PRISONER IS SUITED 16,981
FOR THE INTENSIVE PROGRAM PRISON, AT least three weeks prior to 16,983
placing a THE prisoner in an intensive program THE prison, the 16,984
department shall give notice of the placement and of the fact 16,985
that the judge may disapprove the placement NOTIFY THE SENTENCING 16,986
COURT OF THE PROPOSED PLACEMENT OF THE PRISONER IN THE INTENSIVE 16,987
PROGRAM PRISON AND SHALL INCLUDE WITH THE NOTICE A BRIEF 16,988
DESCRIPTION OF THE PLACEMENT. THE COURT SHALL HAVE TEN DAYS FROM 16,989
RECEIPT OF THE NOTICE TO DISAPPROVE THE PLACEMENT. If the judge 16,990
SENTENCING COURT disapproves the placement, the judge shall 16,991
notify the department of the disapproval within ten days after
receipt of the notice. If the judge timely disapproves the 16,992
placement, the department shall not proceed with it. If the 16,993
judge SENTENCING COURT does not timely disapprove of the 16,995
placement, the department may proceed with plans for it.
IF THE SENTENCING COURT DETERMINES THAT A PRISONER IS NOT 16,997
ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON OR IF THE 16,998
SENTENCING COURT DISAPPROVES PLACEMENT OF AN OFFENDER IN A PRISON 16,999
OF THAT NATURE, THE DEPARTMENT OF REHABILITATION AND CORRECTION 17,000
SHALL NOT PLACE THE PRISONER IN ANY INTENSIVE PROGRAM PRISON. 17,001
(b) The department may reduce the stated prison term of a 17,004
prisoner upon the prisoner's successful completion of a
ninety-day period in an intensive program prison. A prisoner 17,005
whose term has been so reduced shall be required to serve an 17,007
intermediate, transitional type of detention followed by a 17,008
release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 17,009
sanctions, as described in division (B)(2)(b)(ii) of section 17,010
395
5120.031 of the Revised Code. In either case, the placement 17,011
under post-release control sanctions shall be under terms set by 17,014
the parole board in accordance with section 2967.28 of the 17,015
Revised Code and shall be subject to the provisions of that 17,018
section with respect to a violation of any post-release control 17,020
sanction.
(2) A prisoner who is in any of the following categories 17,022
is not eligible to participate in an intensive program prison 17,024
established pursuant to division (A) of this section: 17,025
(a) The prisoner is serving a prison term for aggravated 17,028
murder, murder, or a felony of the first or second degree or a 17,029
comparable offense under the law in effect prior to the effective 17,031
date of this section JULY 1, 1996, or the prisoner previously has 17,032
been imprisoned for aggravated murder, murder, or a felony of the 17,033
first or second degree or a comparable offense under the law in 17,034
effect prior to the effective date of this section JULY 1, 1996. 17,036
(b) The prisoner is serving a mandatory prison term, as 17,038
defined in section 2929.01 of the Revised Code. 17,039
(c) The prisoner is serving a prison term for a felony of 17,041
the third, fourth, or fifth degree that either is a sex offense, 17,042
an offense betraying public trust, or an offense in which the 17,043
prisoner caused or attempted to cause actual physical harm to a 17,044
person, the prisoner is serving a prison term for a comparable 17,045
offense under the law in effect prior to the effective date of 17,046
this section JULY 1, 1996, or the prisoner previously has been 17,047
imprisoned for an offense of that type or a comparable offense 17,048
under the law in effect prior to the effective date of this 17,049
section JULY 1, 1996. 17,050
(d) The prisoner is serving a mandatory prison term in 17,052
prison for a fouth degree felony OMVI offense, as defined in 17,053
section 2929.01 of the Revised Code, that was imposed pursuant to 17,054
division (G)(2) of section 2929.13 of the Revised Code. 17,055
(C) Upon the implementation of intensive program prisons 17,057
pursuant to division (A) of this section, the department at all 17,058
396
times shall maintain intensive program prisons sufficient in 17,059
number to reduce the prison terms of at least three hundred fifty 17,060
prisoners who are eligible for reduction of their stated prison 17,061
terms as a result of their completion of a regimen in an
intensive program prison under this section. 17,063
Section 2. That existing sections 181.21, 181.22, 181.23, 17,065
181.24, 181.25, 1547.99, 1721.19, 2743.51, 2901.01, 2901.04, 17,067
2903.04, 2903.06, 2903.08, 2903.09, 2919.22, 2923.02, 2925.02, 17,068
2925.03, 2925.04, 2925.05, 2925.11, 2925.13, 2925.23, 2925.36, 17,069
2927.24, 2929.01, 2929.12, 2929.13, 2929.14, 2929.15, 2929.17, 17,070
2929.18, 2929.19, 2929.20, 2929.223, 2929.41, 2930.01, 2935.36, 17,071
2937.99, 2941.141, 2941.144, 2941.145, 2941.146, 2941.1410, 17,074
2949.08, 2951.02, 2953.08, 2967.121, 2967.13, 2967.131, 2967.141,
2967.16, 2967.26, 2967.28, 3719.121, 3719.70, 3719.99, 3767.12, 17,078
3773.99, 4503.19, 4503.233, 4507.021, 4507.16, 4507.162, 17,080
4507.164, 4507.169, 4511.191, 4511.193, 4511.195, 4511.99,
4715.30, 4729.99, 4730.25, 4731.22, 4953.11, 4973.23, 4973.25, 17,083
5120.031, and 5120.032 and sections 1741.01, 1741.02, 1741.03, 17,084
1741.04, 1741.05, 1741.06, 1741.07, 1741.08, 1741.09, 1741.10, 17,085
1741.11, 1741.12, 1741.13, 1741.14, 1741.99, 2903.07, 2929.181, 17,086
2951.041, 3773.05, 3773.07, 3773.21, and 3773.211 of the Revised 17,088
Code are hereby repealed. 17,089
Section 3. The General Assembly hereby declares that the 17,091
repeal of section 2929.181 of the Revised Code in Section 2 of 17,092
this act is intended to be a ratification of the repeal of 17,093
section 2929.181 of the Revised Code by Am. Sub. S.B. 269 of the 17,094
121st General Assembly, which was effective on July 1, 1996, and 17,095
that section 2929.181 of the Revised Code, as enacted by Am. Sub. 17,096
S.B. 2 of the 121st General Assembly, is not currently in effect. 17,098
Section 2929.181 of the Revised Code was enacted by Am. 17,100
Sub. S.B. 2 of the 121st General Assembly, which was effective on 17,101
July 1, 1996, was amended by Sub. H.B. 480 of the 121st General 17,102
Assembly, which was enacted on May 23, 1996, and effective on 17,103
October 16, 1996, and was repealed by Am. Sub. S.B. 269 of the 17,104
397
121st General Assembly, which was enacted on May 30, 1996, and 17,105
effective on July 1, 1996. The different enactment dates and 17,106
effective dates of Sub. H.B. 480 and Am. Sub. S.B. 269 of the 17,107
121st General Assembly have caused some confusion as to whether 17,108
section 2929.181 of the Revised Code continued in effect after 17,109
the effective date of Sub. H.B. 480 of the 121st General 17,110
Assembly, despite the repeal of the section by Am. Sub. S.B. 269. 17,112
It was the intent of the 121st General Assembly to repeal 17,114
section 2929.181 of the Revised Code effective on July 1, 1996, 17,115
by Am. Sub. S.B. 269 of the 121st General Assembly. This repeal 17,116
is supported by section 1.52 of the Revised Code, which provides 17,117
that, if statutes enacted by the same session of the General 17,118
Assembly are irreconcilable, the statute latest in date of 17,119
enactment prevails. Am. Sub. S.B. 269 of the 121st General 17,120
Assembly was enacted on May 30, 1996, seven days after the 17,121
enactment of Sub. H.B. 480 of the 121st General Assembly. 17,122
Therefore, the repeal of section 2929.181 of the Revised Code 17,123
contained in Am. Sub. S.B. 269 of the 122nd General Assembly 17,124
controlled over the amendment of that section by Sub. H.B. 480 of 17,126
the 121st General Assembly, and the section was repealed
effective July 1, 1996. 17,127
Section 4. Sections 181.21 and 181.22 of the Revised Code 17,129
are presented in this act as composites of the sections as 17,131
amended by both Sub. H.B. 591 and Sub. H.B. 670 of the 121st 17,133
General Assembly, with the new language of neither of the acts 17,134
shown in capital letters. Section 2901.01 of the Revised Code is 17,135
presented in this act as a composite of the section as amended by 17,136
both Sub. H.B. 162 and Am. Sub. S.B. 1 of the 123rd General 17,137
Assembly, with the new language of neither of the acts shown in 17,138
capital letters. Sections 2903.04, 2903.06, and 2903.08 of the 17,140
Revised Code are presented in this act as composites of the 17,142
sections as amended by both Am. Sub. S.B. 239 and Am. Sub. S.B. 17,143
269 of the 121st General Assembly, with the new language of 17,144
neither of the acts shown in capital letters. Sections 2929.15 17,146
398
and 2929.17 of the Revised Code are presented in this act as 17,147
composites of the sections as amended by both Am. Sub. S.B. 269 17,148
and Am. Sub. S.B. 166 of the 121st General Assembly, with the new 17,149
language of neither of the acts shown in capital letters. 17,150
Section 2929.19 of the Revised Code is presented in this act as a 17,153
composite of the section as amended by Am. Sub. H.B. 180, Am. 17,154
Sub. S.B. 166, and Am. Sub. S.B. 269 of the 121st General 17,155
Assembly, with the new language of none of the acts shown in 17,156
capital letters. Section 2929.223 of the Revised Code is 17,158
presented in this act as a composite of the section as amended by 17,159
both Sub. H.B. 480 and Am. Sub. S.B. 269 of the 121st General 17,161
Assembly, with the new language of none of the acts shown in 17,162
capital letters. Section 2929.41 of the Revised Code is 17,163
presented in this act as a composite of the section as amended by 17,164
both Sub. H.B. 154 and Am. H.B. 180 of the 121st General 17,165
Assembly, with the new language of neither of the acts shown in 17,166
capital letters. Section 2967.13 of the Revised Code is 17,167
presented in this act as a composite of the section as amended by 17,168
Am. Sub. H.B. 180, Am. Sub. H.B. 445, and Am. Sub. S.B. 269 of 17,169
the 121st General Assembly, with the new language of none of the 17,170
acts shown in capital letters. Section 4503.233 of the Revised 17,172
Code is presented in this act as a composite of the section as 17,173
amended by both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 17,175
121st General Assembly, with the new language of neither of the 17,177
acts shown in capital letters. Section 4511.99 of the Revised 17,178
Code is presented in this act as a composite of the section as 17,179
amended by both Sub. H.B. 86 and Sub. H.B. 148 of the 123rd 17,180
General Assembly, with the new language of neither of the acts 17,181
shown in capital letters. Section 5120.032 of the Revised Code 17,183
is presented in this act as a composite of the section as amended 17,184
by both Am. Sub. S.B. 166 and Am. Sub. S.B. 269 of the 121st 17,185
General Assembly, with the new language of neither of the acts 17,187
shown in capital letters. This is in recognition of the 17,188
principle stated in division (B) of section 1.52 of the Revised 17,189
399
Code that such amendments are to be harmonized where not 17,190
substantively irreconcilable and constitutes a legislative 17,191
finding that such is the resulting version in effect prior to the 17,192
effective date of this act.