As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 107 5
1999-2000 6
SENATORS LATTA-OELSLAGER-FINGERHUT-BLESSING-DRAKE- 9
REPRESENTATIVES JERSE-DePIERO-WILLAMOWSKI-WOMER BENJAMIN-
MYERS-JONES-DAMSCHRODER-ALLEN-BRADING-FLANNERY-CORBIN- 10
PATTON-CLANCY-A. CORE-O'BRIEN-SALERNO-HARTNETT-MAIER 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, 4511.196, 4511.99, 4715.30, 4729.99,
4730.25, 4731.22, 4953.11, 4973.23, 4973.25, 32
5120.031, and 5120.032, to enact new section 33
2951.041 and sections 2923.162 and 4507.1613, and 34
to repeal sections 1741.01, 1741.02, 1741.03, 35
1741.04, 1741.05, 1741.06, 1741.07, 1741.08, 36
1741.09, 1741.10, 1741.11, 1741.12, 1741.13,
1741.14, 1741.99, 2903.07, 2929.181, 2951.041, 38
3773.05, 3773.07, 3773.21, and 3773.211 of the
Revised Code to clarify and modify certain 40
provisions of the Controlled Substance Law and 41
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Drug Abuse Law that were affected by Am. Sub. 42
S.B. 2 and Am. Sub. S.B. 269 of the 121st General 43
Assembly, to modify the felony sentencing law as 44
modified by those acts, to revise the penalties
for and the elements of involuntary manslaughter, 45
aggravated vehicular homicide, vehicular
homicide, and vehicular assault, to clarify that 46
section 2929.181 of the Revised Code was repealed 47
by Am. Sub. S.B. 269 of the 121st General 48
Assembly, effective July 1, 1996, to revise the
law enforcement powers that are granted to 49
certain persons who are not traditional law
enforcement officers, to eliminate, consolidate, 50
or modify certain archaic law enforcement-related 51
provisions and offenses, to repeal the law
dealing with bridge companies, to expand the 52
provisions pertaining to declaring habitual 53
resorts for thieves, burglars, or robbers to be a
nuisance, to increase the penalty in specified 54
circumstances for the offense of permitting drug 55
abuse, to declare premises or real estate used to
commit the offense of permitting drug abuse a 56
nuisance, and to rename the Criminal Sentencing
Council as the Criminal Sentencing Commission. 57
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 59
Section 1. That sections 181.21, 181.22, 181.23, 181.24, 61
181.25, 1547.99, 1721.19, 2743.51, 2901.01, 2901.04, 2903.04, 63
2903.06, 2903.08, 2903.09, 2919.22, 2923.02, 2925.02, 2925.03, 64
2925.04, 2925.05, 2925.11, 2925.13, 2925.23, 2925.36, 2927.24, 65
2929.01, 2929.12, 2929.13, 2929.14, 2929.15, 2929.17, 2929.18, 66
2929.19, 2929.20, 2929.223, 2929.41, 2930.01, 2935.36, 2937.99, 67
2941.141, 2941.144, 2941.145, 2941.146, 2941.1410, 2949.08, 70
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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, 74
4503.19, 4503.233, 4507.021, 4507.16, 4507.162, 4507.164, 75
4507.169, 4511.191, 4511.193, 4511.195, 4511.196, 4511.99, 76
4715.30, 4729.99, 4730.25, 4731.22, 4953.11, 4973.23, 4973.25, 79
5120.031, and 5120.032 be amended and new section 2951.041 and 80
sections 2923.162 and 4507.1613 of the Revised Code be enacted to 83
read as follows:
Sec. 181.21. (A) There is hereby created within the 92
supreme court the state criminal sentencing council COMMISSION, 93
consisting of thirty-one members. One member shall be the chief 94
justice of the supreme court, who shall be the chairperson of the 95
council COMMISSION. The following ten members of the council 96
COMMISSION, no more than six of whom shall be members of the same 97
political party, shall be appointed by the chief justice: one 98
judge of a court of appeals, three judges of courts of common 99
pleas who are not juvenile court judges, three judges of juvenile 101
courts, and three judges of municipal courts or county courts. 102
Four members shall be the superintendent of the state highway 103
patrol, the state public defender, the director of youth 104
services, and the director of rehabilitation and correction, or 106
their individual designees. The following twelve members, no 107
more than seven of whom shall be members of the same political 108
party, shall be appointed by the governor after consulting with 109
the appropriate state associations, if any, that are represented 110
by these members: one sheriff; two county prosecuting attorneys, 112
at least one of whom shall be experienced in the prosecution of 113
cases in juvenile court involving alleged delinquent children, 114
unruly children, and juvenile traffic offenders; two peace
officers of a municipal corporation or township, at least one of 116
whom shall be experienced in the investigation of cases involving 117
juveniles; one former victim of a violation of Title XXIX of the 118
Revised Code; one attorney whose practice of law primarily 119
involves the representation of criminal defendants; one member of 120
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the Ohio state bar association; one attorney whose practice of 121
law primarily involves the representation in juvenile court of
alleged delinquent children, unruly children, and juvenile 122
traffic offenders; one full-time city prosecuting attorney; one 123
county commissioner; and one mayor, city manager, or member of a 124
legislative authority of a municipal corporation. Two members 125
shall be members of the senate, one appointed by the president of 127
the senate and one appointed by the minority leader of the 128
senate. Two members shall be members of the house of
representatives, one appointed by the speaker of the house of 129
representatives and one appointed by the minority leader of the 130
house of representatives. 131
The chief justice shall become a member of the council 133
COMMISSION on August 22, 1990, and the chief justice's successors 134
in office shall become members of the council COMMISSION on the 136
day that they assume the office of chief justice. The term of 137
office of the chief justice as a member of the council COMMISSION 138
shall continue for as long as the chief justice that person holds 139
the office of chief justice. The term of office of the member 140
who is an attorney whose practice of law primarily involves the 141
representation of criminal defendants, the term of office of the 143
member who is an attorney whose practice of law primarily 144
involves the representation in juvenile court of alleged
delinquent children, unruly children, and juvenile traffic 145
offenders, and the term of office of the former victim of a 146
violation of Title XXIX of the Revised Code shall be four years. 148
The term of office of the superintendent of the state highway 149
patrol, the state public defender, the director of youth
services, and the director of rehabilitation and correction, or 151
their individual designees, as members of the council COMMISSION 152
shall continue for as long as they hold the office of 153
superintendent of the state highway patrol, state public 154
defender, director of youth services, or director of
rehabilitation and correction. The term of office of a municipal 156
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corporation or township peace officer as a member of the council 157
COMMISSION shall be the lesser of four years or until the peace 158
officer that person ceases to be a peace officer of a municipal 160
corporation or township. Unless the full-time city prosecuting 161
attorney is an elected official, the term of office of the 163
full-time city prosecuting attorney shall be the lesser of four 164
years or until the full-time city prosecuting attorney ceases to 165
be a full-time city prosecuting attorney. All of the members of 166
the council COMMISSION who are elected officials shall serve the 167
lesser of four years or until the expiration of their term of 168
office. Any vacancy on the council COMMISSION shall be filled in 169
the same manner as the original appointment. 170
When the chief justice and governor make their appointments 172
to the council COMMISSION, they shall consider adequate 173
representation by race and gender. 174
(B) The council COMMISSION shall select a vice-chairperson 176
and any other necessary officers and adopt rules to govern its 177
proceedings. The council COMMISSION shall meet as necessary at 178
the call of the chairperson or on the written request of eight or 180
more of its members. Sixteen members of the council COMMISSION 181
constitute a quorum, and the votes of a majority of the quorum 182
present shall be required to validate any action of the council 183
COMMISSION. All business of the council COMMISSION shall be 184
conducted in public meetings.
The members of the council COMMISSION shall serve without 186
compensation, but each member shall be reimbursed for the 187
member's actual and necessary expenses incurred in the 188
performance of the member's official duties on the commission. 189
In the absence of the chairperson, the vice-chairperson shall 190
perform the duties of the chairperson. 191
(C) The council COMMISSION shall establish an office and 193
shall appoint and fix the compensation of a project director and 194
any other employees necessary to assist the council COMMISSION in 195
the execution of its authority under sections 181.21 to 181.26 of 197
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the Revised Code. The project director shall have a thorough 198
understanding of the criminal laws of this state and experience 199
in committee-oriented research. The other employees may include 200
a research coordinator with experience and training in 201
policy-oriented research; professional staff employees with 202
backgrounds in criminal law, criminal justice, political science, 203
or related fields of expertise; administrative assistants; and 204
secretaries. The council COMMISSION also may appoint and fix the 205
compensation of part-time data collectors, clerical employees, 206
and other temporary employees as needed to enable the council 207
COMMISSION to execute its authority under sections 181.21 to 208
181.26 of the Revised Code. 209
(D) The sentencing commission shall establish a standing 211
juvenile committee. The committee shall consist of the following 212
commission members: the chief justice of the supreme court or 213
the chief justice's designee, the director of youth services, the 215
three juvenile court judges, one court of common pleas judge who
is not a juvenile court judge, one county prosecuting attorney 216
who is experienced in the prosecution of cases in juvenile court 217
involving alleged delinquent children, unruly children, and 218
juvenile traffic offenders, the attorney whose practice of law 219
primarily involves the representation in juvenile court of 220
alleged delinquent children, unruly children, and juvenile
traffic offenders, the former victim of a violation of Title XXIX 222
of the Revised Code, the county commissioner, one legislator from 223
each political party, the sheriff, and one municipal corporation 224
or township peace officer who is experienced in the investigation 225
of cases involving juveniles. The members of the commission may 226
serve on the committee by designation of the chief justice. The 227
chief justice shall designate a member to serve as chairperson of 228
the committee. The committee shall meet as necessary at the call 229
of the chairperson or on the written request of four or more of 230
the committee's members. A majority of the members of the
committee shall constitute a quorum, and the votes of a majority 231
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of the quorum present shall be required to validate any action of 232
the committee, including recommendations to the commission. The 233
committee and the commission shall comply with section 181.26 of 234
the Revised Code.
Sec. 181.22. There is hereby created the criminal 243
sentencing advisory committee that. THE COMMITTEE shall be 244
comprised of the chairperson of the parole board, the director of 246
the office of the correctional institution inspection committee,
a juvenile detention home operator, a provider of juvenile 247
probation services, a provider of juvenile parole or aftercare 248
services, a superintendent of a state institution operated by the 249
department of youth services, a community-based juvenile services 250
provider, a person who is a member of a youth advocacy 251
organization, a victim of a violation of Title XXIX of the 252
Revised Code that was committed by a juvenile offender, a 253
representative of community corrections programming appointed by 254
the governor, and any other members appointed by the chairperson 255
of the state criminal sentencing council COMMISSION upon the 256
advice of the council COMMISSION. The committee shall serve as 258
an advisory body to the state criminal sentencing council 259
COMMISSION and to the commission's standing juvenile committee. 260
The members of the committee shall serve without 262
compensation, but each member shall be reimbursed for the 263
member's actual and necessary expenses incurred in the 264
performance of the member's official duties. 265
Sec. 181.23. (A) The state criminal sentencing council 274
COMMISSION shall study the existing criminal statutes and law of 275
this state, sentencing patterns throughout the state, and 277
available correctional resources. The council COMMISSION shall 278
use the results of its study to develop and recommend to the 279
general assembly a comprehensive criminal sentencing structure. 280
As part of its study, the council COMMISSION shall do all of the 281
following:
(1) Evaluate the effectiveness of the sentencing structure 283
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of the state; 284
(2) Systematically review each criminal statute to 286
determine if the penalty provided is proportional to the 287
seriousness of the offense committed and to penalties provided 288
for other offenses; 289
(3) Review any existing sentencing guidelines; 291
(4) Determine the number, capacity, and quality of all 293
available state, regional, and local correctional facilities and 294
resources, including, but not limited to, detention facilities, 295
probation services, pretrial diversion programs, and other 296
nonfacility correctional programs; 297
(5) Collect a profile of the populations of state, 299
regional, and local correctional facilities, services, and 300
programs; 301
(6) Coordinate available correctional facilities, 303
services, and programs with the criminal sentencing goals of the 304
state, including, but not limited to, punishment, deterrence, 305
fairness, rehabilitation, and treatment; 306
(7) Identify any additional correctional resources that 308
are necessary to balance the needs of criminal sentencing and the 309
available correctional resources. 310
(B) The council COMMISSION shall develop a sentencing 312
policy for the state that is based upon the findings and 313
conclusions of its study under division (A) of this section. The 314
policy shall be designed to enhance public safety by achieving 315
certainty in sentencing, deterrence, and a reasonable use of 316
correctional facilities, programs, and services and shall be 317
designed to achieve fairness in sentencing. 318
Sec. 181.24. (A) No later than July 1, 1993, the state 327
criminal sentencing council COMMISSION shall recommend to the 328
general assembly a comprehensive criminal sentencing structure 329
for the state that is consistent with the sentencing policy 330
developed pursuant to division (B) of section 181.23 of the 331
Revised Code and the conclusions of the study conducted pursuant 332
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to division (A) of that section. The sentencing structure shall 333
be designed to enhance public safety, to assist in the management 334
of prison overcrowding and correctional resources, to simplify 335
the sentencing structure of the state that is in existence on 336
August 22, 1990, and to result in a new sentencing structure that 337
is readily understandable by the citizens of the state, to 338
simplify the criminal code of the state, to assure 339
proportionality, uniformity, and other fairness in criminal 340
sentencing, and to provide increased certainty in criminal 341
sentencing.
(B) The comprehensive criminal sentencing structure 343
recommended by the council COMMISSION shall provide for all of 344
the following: 345
(1) Proportionate sentences, with increased penalties for 347
offenses based upon the seriousness of the offense and the 348
criminal history of the offender; 349
(2) Procedures for ensuring that the penalty imposed for a 351
criminal offense upon similar offenders is uniform in all 352
jurisdictions in the state; 353
(3) Retention of reasonable judicial discretion within 355
established limits that are consistent with the goals of the 356
overall criminal sentencing structure; 357
(4) Procedures for matching criminal penalties with the 359
available correctional facilities, programs, and services; 360
(5) A structure and procedures that control the use and 362
duration of a full range of sentencing options that is consistent 363
with public safety, including, but not limited to, long terms of 364
imprisonment, probation, fines, and other sanctions that do not 365
involve incarceration; 366
(6) Appropriate reasons for judicial discretion in 368
departing from the general sentencing structure. 369
(C) The council COMMISSION shall project the impact of all 371
aspects of the comprehensive criminal sentencing structure upon 372
the capacities of existing correctional facilities. It also 373
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shall project the effect of parole release patterns and patterns 374
of release from regional and local jails, workhouses, and other 375
correctional facilities upon the sentencing structure. 376
Additionally, the council COMMISSION shall determine whether any 377
additional correctional facilities are necessary to implement the 378
sentencing structure. 379
(D) The council COMMISSION shall determine whether any 381
special appellate procedures are necessary for reviewing 382
departures from, or the misapplication of, the general sentencing 383
structure recommended pursuant to this section. 384
(E) The council COMMISSION shall submit a draft version of 386
the comprehensive criminal sentencing structure to selected 387
judges, prosecuting attorneys, defense attorneys, law enforcement 388
officials, correctional officials, bar associations, and other 389
persons with experience or expertise in criminal sentencing and 390
solicit their comments on the draft. 391
Sec. 181.25. (A) If the comprehensive criminal sentencing 400
structure that it recommends to the general assembly pursuant to 401
section 181.24 of the Revised Code or any aspects of that 402
sentencing structure are enacted into law, the state criminal 403
sentencing council COMMISSION shall do all of the following: 404
(1) Assist the general assembly in the implementation of 406
those aspects of the sentencing structure that are enacted into 407
law; 408
(2) Monitor the operation of the aspects of the sentencing 410
structure that are enacted into law and report to the general 412
assembly no later than January 1, 1997, and biennially 414
thereafter, on all of the following matters:
(a) The impact of the sentencing structure in effect on 417
and after July 1, 1996, on political subdivisions and other 418
relevant aspects of local government in this state, including all 419
of the following information: 420
(i) The number and type of offenders who were being 423
imprisoned in a state correctional institution under the law in 424
11
effect prior to July 1, 1996, but who are being punished under a 425
community control sanction, as defined in section 2929.01 of the 426
Revised Code, under the law in effect on and after July 1, 1996; 429
(ii) The fiscal and other impact of the law in effect on 432
and after July 1, 1996, on political subdivisions and other 434
relevant aspects of local government in this state, including law 435
enforcement agencies, the court system, prosecutors, as defined 436
in section 2935.01 of the Revised Code, the public defender and 437
assigned counsel system, jails and workhouses, probation 438
departments, the drug and alcohol abuse intervention and 439
treatment system, and the mental health intervention and 440
treatment system;. 441
(b) The impact of the sentencing structure in effect on 444
and after July 1, 1996, on the population of state correctional 445
institutions, including information regarding the number and 446
types of offenders who are being imprisoned under the law in 447
effect on and after July 1, 1996, and the amount of space in 449
state correctional institutions that is necessary to house those 450
offenders;
(c) The impact of the sentencing structure and the 453
sentence appeal provisions in effect on and after July 1, 1996, 454
on the appellate courts of this state, including information 455
regarding the number of sentence-based appeals, the cost of 456
reviewing appeals of that nature, whether a special court should 457
be created to review sentences, and whether changes should be 459
made to ensure that sentence-based appeals are conducted 460
expeditiously.
(3) Review all bills that are introduced in the general 462
assembly that provide for new criminal offenses or that change 463
the penalty for any criminal offense, determine if those bills 464
are consistent with the sentencing policy adopted under division 465
(B) of section 181.23 of the Revised Code, determine the impact 466
of those bills upon the correctional resources of the state, and 467
recommend to the general assembly any necessary amendments to 468
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those bills. When the council COMMISSION recommends any 469
amendment for a bill before the general assembly, it shall do so 471
in a manner that is consistent with the requirements of section 472
181.24 of the Revised Code. 473
(4) Study criminal sentencing structures in this state, 475
other states, and the federal government, recommend necessary 476
changes to the sentencing structure of the state, and determine 477
the costs and effects of any proposed changes in the sentencing 478
structure of the state; 479
(5) Collect and maintain data that pertains to the cost to 482
counties of the felony sentence appeal provisions set forth in 483
section 2953.08 of the Revised Code, of the postconviction relief 484
proceeding provisions set forth in division (A)(2) of section 485
2953.21 of the Revised Code, and of appeals from judgments
entered in such postconviction relief proceedings. The data so 487
collected and maintained shall include, but shall not be limited 488
to, the increase in expenses that counties experience as a result 489
of those provisions and those appeals and the number of felony 490
sentence appeals made, postconviction relief proceedings filed, 492
and appeals of postconviction relief proceeding judgments made in 493
each county under those provisions. The council COMMISSION 494
periodically shall provide to the felony sentence appeal cost 495
oversight committee, in accordance with division (I) of section 497
2953.08 of the Revised Code, all data the council COMMISSION 498
collects pursuant to this division.
(B) In addition to its duties set forth in section 181.24 500
of the Revised Code and division (A) of this section, the state 502
criminal sentencing council COMMISSION shall review all 504
forfeiture statutes in Titles XXIX and XLV of the Revised Code 506
and, not later than July 1, 2001, recommend to the general 507
assembly any necessary changes to those statutes. 508
Sec. 1547.99. (A) Whoever violates section 1547.91 of the 517
Revised Code is guilty of a felony of the fourth degree. 518
(B) Whoever violates section 1547.10, division (I) of 520
13
section 1547.111, section 1547.13, or section 1547.66 of the 521
Revised Code is guilty of a misdemeanor of the first degree. 522
(C) Whoever violates a provision of this chapter or a rule 524
adopted thereunder, for which no penalty is otherwise provided, 525
is guilty of a minor misdemeanor. 526
(D) Whoever violates section 1547.07 or 1547.12 of the 528
Revised Code without causing injury to persons or damage to 529
property is guilty of a misdemeanor of the fourth degree. 530
(E) Whoever violates section 1547.07 or 1547.12 of the 532
Revised Code causing injury to persons or damage to property is 533
guilty of a misdemeanor of the third degree. 534
(F) Whoever violates division (M) of section 1547.54, 536
division (G) of section 1547.30, or section 1547.131, 1547.25, 537
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the 538
Revised Code or a rule adopted under division (A)(2) of section 539
1547.52 of the Revised Code is guilty of a misdemeanor of the 540
fourth degree. 541
(G) Whoever violates section 1547.11 of the Revised Code 543
is guilty of a misdemeanor of the first degree and shall be 544
punished as provided in division (G)(1), (2), or (3) of this 545
section. 546
(1) Except as otherwise provided in division (G)(2) or (3) 548
of this section, the court shall sentence the offender to a term 550
of imprisonment of three consecutive days and may sentence the 551
offender pursuant to section 2929.21 of the Revised Code to a 552
longer term of imprisonment. In addition, the court shall impose 553
upon the offender a fine of not less than one hundred fifty nor 554
more than one thousand dollars. 555
The court may suspend the execution of the mandatory three 557
consecutive days of imprisonment that it is required to impose by 558
division (G)(1) of this section if the court, in lieu of the 560
suspended term of imprisonment, places the offender on probation 561
and requires the offender to attend, for three consecutive days, 562
a drivers' intervention program that is certified pursuant to 563
14
section 3793.10 of the Revised Code. The court also may suspend 564
the execution of any part of the mandatory three consecutive days 565
of imprisonment that it is required to impose by division (G)(1) 567
of this section if the court places the offender on probation for 568
part of the three consecutive days; requires the offender to 569
attend, for that part of the three consecutive days, a drivers' 570
intervention program that is certified pursuant to section 571
3793.10 of the Revised Code; and sentences the offender to a term 572
of imprisonment equal to the remainder of the three consecutive 573
days that the offender does not spend attending the drivers' 574
intervention program. The court may require the offender, as a 575
condition of probation, to attend and satisfactorily complete any 576
treatment or education programs, in addition to the required 577
attendance at a drivers' intervention program, that the operators 578
of the drivers' intervention program determine that the offender 579
should attend and to report periodically to the court on the 580
offender's progress in the programs. The court also may impose 582
any other conditions of probation on the offender that it 583
considers necessary.
(2) If, within five years of the offense, the offender has 585
been convicted of or pleaded guilty to one violation of section 586
1547.11 of the Revised Code, of a municipal ordinance relating to 587
operating a watercraft or manipulating any water skis, aquaplane, 588
or similar device while under the influence of alcohol, a drug of 589
abuse, or alcohol and a drug of abuse, of a municipal ordinance 590
relating to operating a watercraft or manipulating any water 591
skis, aquaplane, or similar device with a prohibited 592
concentration of alcohol in the blood, breath, or urine, OF 593
DIVISION (A)(1) OF SECTION 2903.06 OF THE REVISED CODE, or of 594
DIVISION (A)(2), (3), OR (4) OF section 2903.06 or 2903.07 of the 596
Revised Code OR FORMER SECTION 2903.06 OR 2903.07 OF THE REVISED 597
CODE in a case in which the jury or judge found that the offender 598
was under the influence of alcohol, a drug of abuse, or alcohol 599
and a drug of abuse, the court shall sentence the offender to a 600
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term of imprisonment of ten consecutive days and may sentence the 601
offender pursuant to section 2929.21 of the Revised Code to a 602
longer term of imprisonment. In addition, the court shall impose 603
upon the offender a fine of not less than one hundred fifty nor 604
more than one thousand dollars. 605
In addition to any other sentence that it imposes upon the 607
offender, the court may require the offender to attend a drivers' 608
intervention program that is certified pursuant to section 609
3793.10 of the Revised Code. 610
(3) If, within five years of the offense, the offender has 612
been convicted of or pleaded guilty to more than one violation of 613
section 1547.11 of the Revised Code, of a municipal ordinance 614
relating to operating a watercraft or manipulating any water 615
skis, aquaplane, or similar device while under the influence of 616
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a 617
municipal ordinance relating to operating a watercraft or 618
manipulating any water skis, aquaplane, or similar device with a 619
prohibited concentration of alcohol in the blood, breath, or 620
urine, or of section 2903.06 or 2903.07 of the Revised Code in a 621
case in which the jury or judge found that the offender was under 622
the influence of alcohol, a drug of abuse, or alcohol and a drug 623
of abuse IDENTIFIED IN DIVISION (G)(2) OF THIS SECTION, the court 625
shall sentence the offender to a term of imprisonment of thirty 626
consecutive days and may sentence the offender to a longer term 627
of imprisonment of not more than one year. In addition, the 628
court shall impose upon the offender a fine of not less than one 629
hundred fifty nor more than one thousand dollars. 630
In addition to any other sentence that it imposes upon the 632
offender, the court may require the offender to attend a drivers' 633
intervention program that is certified pursuant to section 634
3793.10 of the Revised Code. 635
(4) Upon a showing that imprisonment would seriously 637
affect the ability of an offender sentenced pursuant to division 638
(G)(1), (2), or (3) of this section to continue the offender's 639
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employment, the court may authorize that the offender be granted 641
work release from imprisonment after the offender has served the 642
three, ten, or thirty consecutive days of imprisonment that the 643
court is required by division (G)(1), (2), or (3) of this section 644
to impose. No court shall authorize work release from 645
imprisonment during the three, ten, or thirty consecutive days of 646
imprisonment that the court is required by division (G)(1), (2), 647
or (3) of this section to impose. The duration of the work 648
release shall not exceed the time necessary each day for the 649
offender to commute to and from the place of employment and the 650
place of imprisonment and the time actually spent under 651
employment.
(5) Notwithstanding any section of the Revised Code that 653
authorizes the suspension of the imposition or execution of a 654
sentence or the placement of an offender in any treatment program 655
in lieu of imprisonment, no court shall suspend the ten or thirty 656
consecutive days of imprisonment required to be imposed by 657
division (G)(2) or (3) of this section or place an offender who 658
is sentenced pursuant to division (G)(2) or (3) of this section 659
in any treatment program in lieu of imprisonment until after the 660
offender has served the ten or thirty consecutive days of 661
imprisonment required to be imposed pursuant to division (G)(2) 662
or (3) of this section. Notwithstanding any section of the 663
Revised Code that authorizes the suspension of the imposition or 664
execution of a sentence or the placement of an offender in any 665
treatment program in lieu of imprisonment, no court, except as 666
specifically authorized by division (G)(1) of this section, shall 667
suspend the three consecutive days of imprisonment required to be 668
imposed by division (G)(1) of this section or place an offender 669
who is sentenced pursuant to division (G)(1) of this section in 670
any treatment program in lieu of imprisonment until after the 671
offender has served the three consecutive days of imprisonment 672
required to be imposed pursuant to division (G)(1) of this 673
section. 674
17
(H) Whoever violates section 1547.304 of the Revised Code 676
is guilty of a misdemeanor of the fourth degree and also shall be 677
assessed any costs incurred by the state or a county, township, 678
municipal corporation, or other political subdivision in 679
disposing of an abandoned junk vessel or outboard motor, less any 680
money accruing to the state, county, township, municipal 681
corporation, or other political subdivision from that disposal. 683
(I) Whoever violates division (B) or (C) of section 685
1547.49 of the Revised Code is guilty of a minor misdemeanor. 686
(J) Whoever violates section 1547.31 of the Revised Code 688
is guilty of a misdemeanor of the fourth degree on a first 689
offense. On each subsequent offense, the person is guilty of a 690
misdemeanor of the third degree.
(K) Whoever violates section 1547.05 or 1547.051 of the 692
Revised Code is guilty of a misdemeanor of the fourth degree if 693
the violation is not related to a collision, injury to a person, 694
or damage to property and a misdemeanor of the third degree if 695
the violation is related to a collision, injury to a person, or 696
damage to property.
(L) The sentencing court, in addition to the penalty 698
provided under this section for a violation of this chapter or a 699
rule adopted under it that involves a powercraft powered by more 700
than ten horsepower and that, in the opinion of the court, 701
involves a threat to the safety of persons or property, shall 702
order the offender to complete successfully a boating course
approved by the national association of state boating law 703
administrators before the offender is allowed to operate a 704
powercraft powered by more than ten horsepower on the waters in 705
this state. Violation of a court order entered under this 706
division is punishable as contempt under Chapter 2705. of the 707
Revised Code.
Sec. 1721.19. (A) No person shall violate a bylaw, rule, 716
or regulation adopted by the trustees, directors, or other 718
officers of a cemetery company or association, or by a board of 719
18
township trustees having charge of township cemeteries, with 720
reference to the protection, good order, and preservation of
cemeteries, and the trees, shrubbery, structures, and adornments 721
therein.
Watchmen, superintendents, gardeners (B)(1) A WATCHPERSON, 723
SUPERINTENDENT, GARDENER, or agents AGENT of a cemetery company 725
or association may arrest on view, a person found violating this 726
section and bring him before a judge of a county court or judge 727
of a municipal court having jurisdiction within the township for 729
trial WHO HAS PROBABLE CAUSE TO BELIEVE THAT A PERSON HAS 730
VIOLATED DIVISION (A) OF THIS SECTION MAY DETAIN THE PERSON IN A 732
REASONABLE MANNER AND FOR A REASONABLE LENGTH OF TIME WITHIN THE 733
PROPERTY OF THE CEMETERY COMPANY OR ASSOCIATION FOR THE PURPOSE 734
OF RECOVERING ANY PROPERTY INVOLVED IN THE VIOLATION, CAUSING AN 735
ARREST TO BE MADE BY A PEACE OFFICER, OR OBTAINING A WARRANT OF 737
ARREST.
(2) A WATCHPERSON, SUPERINTENDENT, GARDENER, OR AGENT 739
ACTING UNDER DIVISION (B)(1) OF THIS SECTION SHALL NOT SEARCH THE 741
PERSON DETAINED, SEARCH OR SEIZE ANY PROPERTY BELONGING TO THE 742
PERSON DETAINED WITHOUT THE PERSON'S CONSENT, OR USE UNDUE 743
RESTRAINT UPON THE PERSON DETAINED. 744
(3) ANY PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF 746
THE REVISED CODE, MAY ARREST WITHOUT A WARRANT ANY PERSON WHO THE 748
OFFICER HAS PROBABLE CAUSE TO BELIEVE HAS COMMITTED ANY ACT IN 749
VIOLATION OF DIVISION (A) OF THIS SECTION THAT ALSO IS A 751
VIOLATION OF LAW AND SHALL MAKE THE ARREST WITHIN A REASONABLE 752
TIME AFTER THE COMMISSION OF THE ACT IN VIOLATION OF DIVISION (A) 753
OF THIS SECTION. 754
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 763
the Revised Code: 764
(A) "Claimant" means both of the following categories of 766
persons: 767
(1) Any of the following persons who claim an award of 769
reparations under sections 2743.51 to 2743.72 of the Revised 770
19
Code: 771
(a) A victim who was one of the following at the time of 773
the criminally injurious conduct: 774
(i) A resident of the United States; 776
(ii) A resident of a foreign country the laws of which 778
permit residents of this state to recover compensation as victims 779
of offenses committed in that country. 780
(b) A dependent of a deceased victim who is described in 782
division (A)(1)(a) of this section; 783
(c) A third person, other than a collateral source, who 785
legally assumes or voluntarily pays the obligations of a victim, 786
or of a dependent of a victim, who is described in division 787
(A)(1)(a) of this section, which obligations are incurred as a 788
result of the criminally injurious conduct that is the subject of 789
the claim and may include, but are not limited to, medical or 790
burial expenses; 791
(d) A person who is authorized to act on behalf of any 793
person who is described in division (A)(1)(a), (b), or (c) of 794
this section. 795
(2) Any of the following persons who claim an award of 797
reparations under sections 2743.51 to 2743.72 of the Revised 798
Code: 799
(a) A victim who had a permanent place of residence within 801
this state at the time of the criminally injurious conduct and 802
who, at the time of the criminally injurious conduct, complied 803
with any one of the following: 804
(i) Had a permanent place of employment in this state; 806
(ii) Was a member of the regular armed forces of the 808
United States or of the United States coast guard or was a 809
full-time member of the Ohio organized militia or of the United 810
States army reserve, naval reserve, or air force reserve; 811
(iii) Was retired and receiving social security or any 813
other retirement income; 814
(iv) Was sixty years of age or older; 816
20
(v) Was temporarily in another state for the purpose of 818
receiving medical treatment; 819
(vi) Was temporarily in another state for the purpose of 821
performing employment-related duties required by an employer 822
located within this state as an express condition of employment 823
or employee benefits; 824
(vii) Was temporarily in another state for the purpose of 826
receiving occupational, vocational, or other job-related training 827
or instruction required by an employer located within this state 828
as an express condition of employment or employee benefits; 829
(viii) Was a full-time student at an academic institution, 831
college, or university located in another state; 832
(ix) Had not departed the geographical boundaries of this 834
state for a period exceeding thirty days or with the intention of 835
becoming a citizen of another state or establishing a permanent 836
place of residence in another state. 837
(b) A dependent of a deceased victim who is described in 839
division (A)(2)(a) of this section; 840
(c) A third person, other than a collateral source, who 842
legally assumes or voluntarily pays the obligations of a victim, 843
or of a dependent of a victim, who is described in division 844
(A)(2)(a) of this section, which obligations are incurred as a 845
result of the criminally injurious conduct that is the subject of 846
the claim and may include, but are not limited to, medical or 847
burial expenses; 848
(d) A person who is authorized to act on behalf of any 850
person who is described in division (A)(2)(a), (b), or (c) of 851
this section. 852
(B) "Collateral source" means a source of benefits or 854
advantages for economic loss otherwise reparable that the victim 855
or claimant has received, or that is readily available to the 856
victim or claimant, from any of the following sources: 857
(1) The offender; 859
(2) The government of the United States or any of its 861
21
agencies, a state or any of its political subdivisions, or an 862
instrumentality of two or more states, unless the law providing 863
for the benefits or advantages makes them excess or secondary to 864
benefits under sections 2743.51 to 2743.72 of the Revised Code; 865
(3) Social security, medicare, and medicaid; 867
(4) State-required, temporary, nonoccupational disability 869
insurance; 870
(5) Workers' compensation; 872
(6) Wage continuation programs of any employer; 874
(7) Proceeds of a contract of insurance payable to the 876
victim for loss that the victim sustained because of the 877
criminally injurious conduct; 879
(8) A contract providing prepaid hospital and other health 881
care services, or benefits for disability; 882
(9) That portion of the proceeds of all contracts of 884
insurance payable to the claimant on account of the death of the 885
victim that exceeds fifty thousand dollars; 886
(10) Any compensation recovered or recoverable under the 888
laws of another state, district, territory, or foreign country 889
because the victim was the victim of an offense committed in that 890
state, district, territory, or country. 891
"Collateral source" does not include any money, or the 893
monetary value of any property, that is subject to sections 894
2969.01 to 2969.06 of the Revised Code. 895
(C) "Criminally injurious conduct" means one of the 897
following: 898
(1) For the purposes of any person described in division 900
(A)(1) of this section, any conduct that occurs or is attempted 901
in this state; poses a substantial threat of personal injury or 902
death; and is punishable by fine, imprisonment, or death, or 903
would be so punishable but for the fact that the person engaging 904
in the conduct lacked capacity to commit the crime under the laws 905
of this state. Criminally injurious conduct does not include 906
conduct arising out of the ownership, maintenance, or use of a 907
22
motor vehicle, except when any of the following applies: 908
(a) The person engaging in the conduct intended to cause 910
personal injury or death; 911
(b) The person engaging in the conduct was using the 913
vehicle to flee immediately after committing a felony or an act 914
that would constitute a felony but for the fact that the person 915
engaging in the conduct lacked the capacity to commit the felony 916
under the laws of this state; 917
(c) The person engaging in the conduct was using the 919
vehicle in a manner that constitutes an OMVI violation; 921
(d) The conduct occurred on or after July 25, 1990, and 923
the person engaging in the conduct was using the vehicle in a 924
manner that constitutes a violation of section 2903.08 of the 925
Revised Code. 926
(2) For the purposes of any person described in division 928
(A)(2) of this section, any conduct that occurs or is attempted 929
in another state, district, territory, or foreign country; poses 930
a substantial threat of personal injury or death; and is 931
punishable by fine, imprisonment, or death, or would be so 932
punishable but for the fact that the person engaging in the 933
conduct lacked capacity to commit the crime under the laws of the 934
state, district, territory, or foreign country in which the 935
conduct occurred or was attempted. Criminally injurious conduct 936
does not include conduct arising out of the ownership, 937
maintenance, or use of a motor vehicle, except when any of the 938
following applies: 939
(a) The person engaging in the conduct intended to cause 941
personal injury or death; 942
(b) The person engaging in the conduct was using the 944
vehicle to flee immediately after committing a felony or an act 945
that would constitute a felony but for the fact that the person 946
engaging in the conduct lacked the capacity to commit the felony 947
under the laws of the state, district, territory, or foreign 948
country in which the conduct occurred or was attempted; 949
23
(c) The person engaging in the conduct was using the 951
vehicle in a manner that constitutes an OMVI violation; 953
(d) The conduct occurred on or after July 25, 1990, the 955
person engaging in the conduct was using the vehicle in a manner 956
that constitutes a violation of any law of the state, district, 957
territory, or foreign country in which the conduct occurred, and 958
that law is substantially similar to a violation of section 959
2903.08 of the Revised Code. 960
(3) For the purposes of any person described in division 962
(A)(1) or (2) of this section, terrorism that occurs within or 963
outside the territorial jurisdiction of the United States. 964
(D) "Dependent" means an individual wholly or partially 966
dependent upon the victim for care and support, and includes a 967
child of the victim born after the victim's death. 968
(E) "Economic loss" means economic detriment consisting 970
only of allowable expense, work loss, funeral expense, 971
unemployment benefits loss, and replacement services loss. If 972
criminally injurious conduct causes death, economic loss includes 973
a dependent's economic loss and a dependent's replacement 974
services loss. Noneconomic detriment is not economic loss; 975
however, economic loss may be caused by pain and suffering or 976
physical impairment. 977
(F) "Allowable expense" means reasonable charges incurred 979
for reasonably needed products, services, and accommodations, 980
including those for medical care, rehabilitation, rehabilitative 981
occupational training, and other remedial treatment and care and 982
including replacement costs for eyeglasses and other corrective 983
lenses. It does not include that portion of a charge for a room 984
in a hospital, clinic, convalescent home, nursing home, or any 985
other institution engaged in providing nursing care and related 986
services in excess of a reasonable and customary charge for 987
semiprivate accommodations, unless accommodations other than 988
semiprivate accommodations are medically required. 989
(G) "Work loss" means loss of income from work that the 991
24
injured person would have performed if the person had not been 993
injured and expenses reasonably incurred by the person to obtain 994
services in lieu of those the person would have performed for 996
income, reduced by any income from substitute work actually 998
performed by the person, or by income the person would have 1,000
earned in available appropriate substitute work that the person 1,002
was capable of performing but unreasonably failed to undertake. 1,004
(H) "Replacement services loss" means expenses reasonably 1,006
incurred in obtaining ordinary and necessary services in lieu of 1,007
those the injured person would have performed, not for income, 1,008
but for the benefit of the person's self or family, if the person 1,010
had not been injured. 1,011
(I) "Dependent's economic loss" means loss after a 1,013
victim's death of contributions of things of economic value to 1,014
the victim's dependents, not including services they would have 1,016
received from the victim if the victim had not suffered the fatal 1,017
injury, less expenses of the dependents avoided by reason of the 1,018
victim's death. If a minor child of a victim is adopted after 1,019
the victim's death, the minor child continues after the adoption 1,020
to incur a dependent's economic loss as a result of the victim's 1,021
death. If the surviving spouse of a victim remarries, the 1,022
surviving spouse continues after the remarriage to incur a
dependent's economic loss as a result of the victim's death. 1,023
(J) "Dependent's replacement services loss" means loss 1,025
reasonably incurred by dependents after a victim's death in 1,026
obtaining ordinary and necessary services in lieu of those the 1,027
victim would have performed for their benefit if the victim had 1,029
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 1,030
calculating the dependent's economic loss. If a minor child of a 1,031
victim is adopted after the victim's death, the minor child 1,032
continues after the adoption to incur a dependent's replacement 1,033
services loss as a result of the victim's death. If the 1,034
surviving spouse of a victim remarries, the surviving spouse
25
continues after the remarriage to incur a dependent's replacement 1,035
services loss as a result of the victim's death. 1,036
(K) "Noneconomic detriment" means pain, suffering, 1,038
inconvenience, physical impairment, or other nonpecuniary damage. 1,039
(L) "Victim" means a person who suffers personal injury or 1,041
death as a result of any of the following: 1,042
(1) Criminally injurious conduct; 1,044
(2) The good faith effort of any person to prevent 1,046
criminally injurious conduct; 1,047
(3) The good faith effort of any person to apprehend a 1,049
person suspected of engaging in criminally injurious conduct. 1,050
(M) "Contributory misconduct" means any conduct of the 1,052
claimant or of the victim through whom the claimant claims an 1,053
award of reparations that is unlawful or intentionally tortious 1,054
and that, without regard to the conduct's proximity in time or 1,055
space to the criminally injurious conduct, has a causal 1,056
relationship to the criminally injurious conduct that is the 1,057
basis of the claim. 1,058
(N) "Funeral expense" means any reasonable charges that 1,060
are not in excess of five thousand dollars per funeral and that 1,062
are incurred for expenses directly related to a victim's funeral, 1,064
cremation, or burial.
(O) "Unemployment benefits loss" means a loss of 1,066
unemployment benefits pursuant to Chapter 4141. of the Revised 1,067
Code when the loss arises solely from the inability of a victim 1,068
to meet the able to work, available for suitable work, or the 1,069
actively seeking suitable work requirements of division (A)(4)(a) 1,070
of section 4141.29 of the Revised Code. 1,071
(P) "OMVI violation" means any of the following: 1,073
(1) A violation of section 4511.19 of the Revised Code, of 1,075
any municipal ordinance prohibiting the operation of a vehicle 1,076
while under the influence of alcohol, a drug of abuse, or alcohol 1,077
and a drug of abuse, or of any municipal ordinance prohibiting 1,078
the operation of a vehicle with a prohibited concentration of 1,079
26
alcohol in the blood, breath, or urine; 1,080
(2) A violation of DIVISION (A)(1) OF section 2903.06 of 1,082
the Revised Code, if the offender was under the influence of 1,084
alcohol, a drug of abuse, or alcohol and a drug of abuse, at the 1,085
time of the commission of the offense; 1,086
(3) A violation of DIVISION (A)(2), (3), OR (4) OF section 1,088
2903.07 2903.06 of the Revised Code or of a municipal ordinance 1,090
substantially similar to that section ANY OF THOSE DIVISIONS, if 1,092
the offender was under the influence of alcohol, a drug of abuse, 1,093
or alcohol and a drug of abuse, at the time of the commission of 1,094
the offense;
(4) For purposes of any person described in division 1,096
(A)(2) of this section, a violation of any law of the state, 1,097
district, territory, or foreign country in which the criminally 1,098
injurious conduct occurred, if that law is substantially similar 1,099
to a violation described in division (P)(1) OR (2) of this 1,100
section or if that law is substantially similar to a violation 1,102
described in division (P)(2) or (3) of this section and the 1,103
offender was under the influence of alcohol, a drug of abuse, or 1,104
alcohol and a drug of abuse, at the time of the commission of the 1,105
offense.
(Q) "Pendency of the claim" for an original reparations 1,107
application or supplemental reparations application means the 1,108
period of time from the date the criminally injurious conduct 1,109
upon which the application is based occurred until the date a 1,110
final order from the court of claims concerning that original 1,111
reparations application or supplemental reparations application 1,112
is issued.
(R) "Terrorism" means any activity to which all of the 1,115
following apply:
(1) The activity involves a violent act or an act that is 1,117
dangerous to human life. 1,118
(2) The act described in division (R)(1) of this section 1,121
is committed within the territorial jurisdiction of the United 1,123
27
States and is a violation of the criminal laws of the United 1,125
States, this state, or any other state or the act described in 1,127
division (R)(1) of this section is committed outside the 1,129
territorial jurisdiction of the United States and would be a 1,131
violation of the criminal laws of the United States, this state, 1,134
or any other state if committed within the territorial 1,135
jurisdiction of the United States. 1,137
(3) The activity appears to be intended to do any of the 1,139
following: 1,140
(a) Intimidate or coerce a civilian population; 1,143
(b) Influence the policy of any government by intimidation 1,146
or coercion;
(c) Affect the conduct of any government by assassination 1,149
or kidnapping.
(4) The activity occurs primarily outside the territorial 1,151
jurisdiction of the United States or transcends the national 1,154
boundaries of the United States in terms of the means by which 1,156
the activity is accomplished, the person or persons that the 1,157
activity appears intended to intimidate or coerce, or the area or 1,158
locale in which the perpetrator or perpetrators of the activity 1,159
operate or seek asylum.
(S) "Transcends the national boundaries of the United 1,162
States" means occurring outside the territorial jurisdiction of 1,163
the United States in addition to occurring within the territorial 1,165
jurisdiction of the United States. 1,166
Sec. 2901.01. (A) As used in the Revised Code: 1,175
(1) "Force" means any violence, compulsion, or constraint 1,177
physically exerted by any means upon or against a person or 1,178
thing. 1,179
(2) "Deadly force" means any force that carries a 1,181
substantial risk that it will proximately result in the death of 1,182
any person. 1,183
(3) "Physical harm to persons" means any injury, illness, 1,185
or other physiological impairment, regardless of its gravity or 1,186
28
duration. 1,187
(4) "Physical harm to property" means any tangible or 1,189
intangible damage to property that, in any degree, results in 1,190
loss to its value or interferes with its use or enjoyment. 1,191
"Physical harm to property" does not include wear and tear 1,192
occasioned by normal use. 1,193
(5) "Serious physical harm to persons" means any of the 1,195
following: 1,196
(a) Any mental illness or condition of such gravity as 1,198
would normally require hospitalization or prolonged psychiatric 1,199
treatment; 1,200
(b) Any physical harm that carries a substantial risk of 1,202
death; 1,203
(c) Any physical harm that involves some permanent 1,205
incapacity, whether partial or total, or that involves some 1,206
temporary, substantial incapacity; 1,207
(d) Any physical harm that involves some permanent 1,209
disfigurement or that involves some temporary, serious 1,210
disfigurement; 1,211
(e) Any physical harm that involves acute pain of such 1,213
duration as to result in substantial suffering or that involves 1,214
any degree of prolonged or intractable pain. 1,215
(6) "Serious physical harm to property" means any physical 1,217
harm to property that does either of the following: 1,218
(a) Results in substantial loss to the value of the 1,220
property or requires a substantial amount of time, effort, or 1,221
money to repair or replace; 1,222
(b) Temporarily prevents the use or enjoyment of the 1,224
property or substantially interferes with its use or enjoyment 1,225
for an extended period of time. 1,226
(7) "Risk" means a significant possibility, as contrasted 1,228
with a remote possibility, that a certain result may occur or 1,229
that certain circumstances may exist. 1,230
(8) "Substantial risk" means a strong possibility, as 1,232
29
contrasted with a remote or significant possibility, that a 1,233
certain result may occur or that certain circumstances may exist. 1,234
(9) "Offense of violence" means any of the following: 1,236
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,238
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 1,239
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 1,240
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 1,241
2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 1,242
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or 1,243
of division (B)(1), (2), (3), or (4) of section 2919.22 of the 1,244
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code; 1,245
(b) A violation of an existing or former municipal 1,247
ordinance or law of this or any other state or the United States, 1,248
substantially equivalent to any section, division, or offense 1,250
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an 1,252
existing or former municipal ordinance or law of this or any 1,253
other state or the United States, committed purposely or 1,254
knowingly, and involving physical harm to persons or a risk of 1,255
serious physical harm to persons; 1,256
(d) A conspiracy or attempt to commit, or complicity in 1,258
committing, any offense under division (A)(9)(a), (b), or (c) of 1,260
this section.
(10)(a) "Property" means any property, real or personal, 1,263
tangible or intangible, and any interest or license in that 1,264
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 1,265
telecommunications devices, information service, computers, data, 1,266
computer software, financial instruments associated with 1,268
computers, other documents associated with computers, or copies 1,269
of the documents, whether in machine or human readable form, 1,270
trade secrets, trademarks, copyrights, patents, and property 1,271
protected by a trademark, copyright, or patent. "Financial 1,272
30
instruments associated with computers" include, but are not 1,273
limited to, checks, drafts, warrants, money orders, notes of 1,274
indebtedness, certificates of deposit, letters of credit, bills 1,275
of credit or debit cards, financial transaction authorization 1,276
mechanisms, marketable securities, or any computer system 1,277
representations of any of them. 1,278
(b) As used in division (A)(10) of this section, "trade 1,281
secret" has the same meaning as in section 1333.61 of the Revised 1,282
Code, and "telecommunications service" and "information service" 1,284
have the same meanings as in section 2913.01 of the Revised Code. 1,285
(c) As used in divisions (A)(10) and (13) of this section, 1,288
"cable television service," "computer," "computer software," 1,289
"computer system," "computer network," "data," and 1,290
"telecommunications device" have the same meanings as in section 1,291
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 1,293
(a) A sheriff, deputy sheriff, constable, police officer 1,295
of a township or joint township police district, marshal, deputy 1,296
marshal, municipal police officer, member of a police force 1,297
employed by a metropolitan housing authority under division (D) 1,298
of section 3735.31 of the Revised Code, or state highway patrol 1,299
trooper; 1,300
(b) An officer, agent, or employee of the state or any of 1,302
its agencies, instrumentalities, or political subdivisions, upon 1,303
whom, by statute, a duty to conserve the peace or to enforce all 1,304
or certain laws is imposed and the authority to arrest violators 1,305
is conferred, within the limits of that statutory duty and 1,306
authority; 1,307
(c) A mayor, in the mayor's capacity as chief conservator 1,309
of the peace within the mayor's municipal corporation; 1,310
(d) A member of an auxiliary police force organized by 1,312
county, township, or municipal law enforcement authorities, 1,313
within the scope of the member's appointment or commission; 1,314
(e) A person lawfully called pursuant to section 311.07 of 1,316
31
the Revised Code to aid a sheriff in keeping the peace, for the 1,317
purposes and during the time when the person is called; 1,318
(f) A person appointed by a mayor pursuant to section 1,320
737.01 of the Revised Code as a special patrolling officer during 1,322
riot or emergency, for the purposes and during the time when the 1,323
person is appointed;
(g) A member of the organized militia of this state or the 1,325
armed forces of the United States, lawfully called to duty to aid 1,326
civil authorities in keeping the peace or protect against 1,327
domestic violence; 1,328
(h) A prosecuting attorney, assistant prosecuting 1,330
attorney, secret service officer, or municipal prosecutor; 1,331
(i) An Ohio veterans' home police officer appointed under 1,333
section 5907.02 of the Revised Code; 1,334
(j) A member of a police force employed by a regional 1,336
transit authority under division (Y) of section 306.35 of the 1,337
Revised Code.
(12) "Privilege" means an immunity, license, or right 1,339
conferred by law, bestowed by express or implied grant, arising 1,341
out of status, position, office, or relationship, or growing out 1,342
of necessity.
(13) "Contraband" means any property described in the 1,344
following categories: 1,345
(a) Property that in and of itself is unlawful for a 1,347
person to acquire or possess; 1,348
(b) Property that is not in and of itself unlawful for a 1,350
person to acquire or possess, but that has been determined by a 1,351
court of this state, in accordance with law, to be contraband 1,352
because of its use in an unlawful activity or manner, of its 1,353
nature, or of the circumstances of the person who acquires or 1,354
possesses it, including, but not limited to, goods and personal 1,355
property described in division (D) of section 2913.34 of the 1,356
Revised Code;
(c) Property that is specifically stated to be contraband 1,358
32
by a section of the Revised Code or by an ordinance, regulation, 1,359
or resolution; 1,360
(d) Property that is forfeitable pursuant to a section of 1,362
the Revised Code, or an ordinance, regulation, or resolution, 1,363
including, but not limited to, forfeitable firearms, dangerous 1,364
ordnance, obscene materials, and goods and personal property 1,366
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 1,368
3719.01 of the Revised Code, or any device, paraphernalia, money 1,369
as defined in section 1301.01 of the Revised Code, or other means 1,370
of exchange that has been, is being, or is intended to be used in 1,371
an attempt or conspiracy to violate, or in a violation of, 1,372
Chapter 2925. or 3719. of the Revised Code; 1,373
(f) Any gambling device, paraphernalia, money as defined 1,375
in section 1301.01 of the Revised Code, or other means of 1,376
exchange that has been, is being, or is intended to be used in an 1,377
attempt or conspiracy to violate, or in the violation of, Chapter 1,378
2915. of the Revised Code; 1,379
(g) Any equipment, machine, device, apparatus, vehicle, 1,381
vessel, container, liquid, or substance that has been, is being, 1,382
or is intended to be used in an attempt or conspiracy to violate, 1,383
or in the violation of, any law of this state relating to alcohol 1,384
or tobacco; 1,385
(h) Any personal property that has been, is being, or is 1,387
intended to be used in an attempt or conspiracy to commit, or in 1,388
the commission of, any offense or in the transportation of the 1,389
fruits of any offense; 1,390
(i) Any property that is acquired through the sale or 1,392
other transfer of contraband or through the proceeds of 1,393
contraband, other than by a court or a law enforcement agency 1,394
acting within the scope of its duties; 1,395
(j) Any computer, computer system, computer network, 1,397
computer software, or other telecommunications device that is 1,398
used in a conspiracy to commit, an attempt to commit, or the 1,400
33
commission of any offense, if the owner of the computer, computer 1,401
system, computer network, computer software, or other 1,402
telecommunications device is convicted of or pleads guilty to the 1,403
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 1,405
relative to a charge of an offense only if the person proves, in 1,406
the manner specified in section 2901.05 of the Revised Code, that 1,407
at the time of the commission of the offense, the person did not 1,408
know, as a result of a severe mental disease or defect, the 1,409
wrongfulness of the person's acts. 1,410
(B)(1)(a) Subject to division (B)(2) of this section, as 1,413
used in any section contained in Title XXIX of the Revised Code 1,414
that sets forth a criminal offense, "person" includes all of the 1,415
following:
(i) An individual, corporation, business trust, estate, 1,417
trust, partnership, and association; 1,418
(ii) An unborn human who is viable. 1,420
(b) As used in any section contained in Title XXIX of the 1,423
Revised Code that does not set forth a criminal offense, "person" 1,424
includes an individual, corporation, business trust, estate, 1,425
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 1,427
(i) "Unborn human" means an individual organism of the 1,429
species homo sapiens from fertilization until live birth. 1,430
(ii) "Viable" means the stage of development of a human 1,433
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 1,434
temporary artificial life-sustaining support. 1,435
(2) Notwithstanding division (B)(1)(a) of this section, in 1,437
no case shall the portion of the definition of the term "person" 1,438
that is set forth in division (B)(1)(a)(ii) of this section be 1,439
applied or construed in any section contained in Title XXIX of 1,440
the Revised Code that sets forth a criminal offense in any of the 1,441
following manners:
34
(a) Except as otherwise provided in division (B)(2)(a) of 1,443
this section, in a manner so that the offense prohibits or is 1,444
construed as prohibiting any pregnant woman or her physician from 1,445
performing an abortion with the consent of the pregnant woman, 1,446
with the consent of the pregnant woman implied by law in a 1,447
medical emergency, or with the approval of one otherwise 1,448
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 1,449
described in the immediately preceding sentence may be punished 1,450
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 1,451
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 1,452
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 1,453
An abortion that does not violate the conditions described in the 1,454
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 1,455
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 1,456
as a violation of section 2919.12, division (B) of section 1,457
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 1,458
Code, as applicable. Consent is sufficient under this division 1,459
if it is of the type otherwise adequate to permit medical 1,460
treatment to the pregnant woman, even if it does not comply with 1,461
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 1,464
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 1,465
results in any of the following: 1,466
(i) Her delivery of a stillborn baby; 1,468
(ii) Her causing, in any other manner, the death in utero 1,471
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 1,474
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 1,475
(iv) Her causing her child who is born alive to sustain 1,478
one or more injuries while the child is a viable, unborn human;
35
(v) Her causing, threatening to cause, or attempting to 1,481
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 1,482
or a mental illness or condition, regardless of its duration or 1,483
gravity, to a viable, unborn human that she is carrying. 1,484
(C) As used in Title XXIX of the Revised Code: 1,486
(1) "School safety zone" consists of a school, school 1,489
building, school premises, school activity, and school bus. 1,490
(2) "School," "school building," and "school premises" 1,492
have the same meanings as in section 2925.01 of the Revised Code. 1,493
(3) "School activity" means any activity held under the 1,495
auspices of a board of education of a city, local, exempted 1,497
village, joint vocational, or cooperative education school 1,498
district, a governing board of an educational service center, or 1,499
the governing body of a school for which the state board of 1,500
education prescribes minimum standards under section 3301.07 of 1,501
the Revised Code. 1,502
(4) "School bus" has the same meaning as in section 1,504
4511.01 of the Revised Code. 1,506
Sec. 2901.04. (A) Sections EXCEPT AS OTHERWISE PROVIDED 1,515
IN DIVISION (C) OF THIS SECTION, SECTIONS of the Revised Code 1,516
defining offenses or penalties shall be strictly construed 1,518
against the state, and liberally construed in favor of the 1,519
accused.
(B) Rules of criminal procedure and sections of the 1,521
Revised Code providing for criminal procedure shall be construed 1,522
so as to effect the fair, impartial, speedy, and sure 1,523
administration of justice.
(C) ANY PROVISION OF A SECTION OF THE REVISED CODE THAT 1,525
REFERS TO A PREVIOUS CONVICTION OF OR PLEA OF GUILTY TO A 1,526
VIOLATION OF A SECTION OF THE REVISED CODE OR OF A DIVISION OF A 1,527
SECTION OF THE REVISED CODE SHALL BE CONSTRUED TO ALSO REFER TO A
PREVIOUS CONVICTION OF OR PLEA OF GUILTY TO A SUBSTANTIALLY 1,528
EQUIVALENT OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE, 1,529
36
ANOTHER STATE, OR THE UNITED STATES OR UNDER AN EXISTING OR 1,530
FORMER MUNICIPAL ORDINANCE.
Sec. 2903.04. (A) No person shall cause the death of 1,540
another or the unlawful termination of another's pregnancy as a 1,541
proximate result of the offender's committing or attempting to 1,543
commit a felony.
(B) No person shall cause the death of another or the 1,545
unlawful termination of another's pregnancy as a proximate result 1,547
of the offender's committing or attempting to commit a 1,548
misdemeanor of the first, second, third, or fourth ANY degree, A 1,549
REGULATORY OFFENSE, or a minor misdemeanor OTHER THAN A VIOLATION 1,550
OF ANY SECTION CONTAINED IN TITLE XLV OF THE REVISED CODE THAT IS 1,551
A MINOR MISDEMEANOR AND OTHER THAN A VIOLATION OF AN ORDINANCE OF 1,552
A MUNICIPAL CORPORATION THAT, REGARDLESS OF THE PENALTY SET BY 1,553
ORDINANCE FOR THE VIOLATION, IS SUBSTANTIALLY EQUIVALENT TO ANY
SECTION CONTAINED IN TITLE XLV OF THE REVISED CODE THAT IS A 1,554
MINOR MISDEMEANOR. 1,555
(C) Whoever violates this section is guilty of involuntary 1,557
manslaughter. Violation of division (A) of this section is a 1,558
felony of the first degree. Violation of division (B) of this 1,560
section is a felony of the third degree.
(D)(1) In addition to any penalty imposed upon the 1,562
offender under division (C) of this section and sections 2929.11 1,564
to 2929.18 of the Revised Code, if IF an offender is convicted of 1,565
or pleads guilty to a violation of division (A) or (B) of this 1,566
section and if the felony or, misdemeanor, OR REGULATORY OFFENSE 1,568
that the offender committed or attempted to commit, that 1,569
proximately resulted in the death of the other person or the 1,570
unlawful termination of another's pregnancy, and that is the 1,571
basis of the offender's violation of division (A) or (B) of this 1,572
section WAS A VIOLATION OF DIVISION (A) OR (B) OF SECTION 4511.19 1,573
OF THE REVISED CODE OR OF A SUBSTANTIALLY EQUIVALENT MUNICIPAL 1,574
ORDINANCE OR included, as an element of that felony or, 1,575
misdemeanor, OR REGULATORY offense, the offender's operation or 1,577
37
participation in the operation of a motor vehicle, motorcycle, 1,578
snowmobile, locomotive, watercraft, or aircraft while the 1,579
offender was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, both of the following apply: 1,580
(a)(1) The COURT SHALL PERMANENTLY REVOKE THE offender's 1,583
driver's or commercial driver's license or permit or nonresident 1,584
operating privilege shall be permanently revoked pursuant to 1,585
section 4507.16 of the Revised Code; 1,586
(b) The offender is not eligible for a sentence to a 1,589
community control sanction, as defined in section 2929.01 of the 1,590
Revised Code, pursuant to section 2929.13, or for judicial
release pursuant to section 2929.20 of the Revised Code if any of 1,591
the following apply relative to the offender: 1,592
(i) The offender previously has been convicted of or 1,594
pleaded guilty to a violation of division (A) or (B) of this 1,595
section in which the felony or misdemeanor that the offender 1,596
committed or attempted to commit, that proximately resulted in 1,598
the death of the other person or the unlawful termination of 1,599
another's pregnancy, and that is the basis of the offender's 1,600
violation of division (A) or (B) of this section included, as an 1,601
element of that felony or misdemeanor offense, the offender's 1,602
operation or participation in the operation of a motor vehicle, 1,603
motorcycle, snowmobile, locomotive, watercraft, or aircraft while 1,604
the offender was under the influence of alcohol, a drug of abuse, 1,605
or alcohol and a drug of abuse; 1,606
(ii) The offender previously has been convicted of or 1,608
pleaded guilty to a violation of a municipal ordinance that is 1,610
substantially similar to division (A) or (B) of this section and 1,611
the felony or misdemeanor that the offender committed or 1,612
attempted to commit, that proximately resulted in the death of 1,613
the other person or the unlawful termination of another's 1,614
pregnancy, and that is the basis of the offender's violation of 1,615
the municipal ordinance that is substantially similar to division 1,616
(A) or (B) of this section included, as an element of that felony 1,617
38
or misdemeanor offense, the offender's operation or participation 1,618
in the operation of a motor vehicle, motorcycle, snowmobile, 1,619
locomotive, watercraft, or aircraft while the offender was under 1,620
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,621
of abuse;
(iii) The offender previously has been convicted of or 1,623
pleaded guilty to a violation of section 1547.11, 2903.06, 1,624
2903.07, 2903.08, 4511.19, or 4511.192 of the Revised Code, 1,625
division (B) or (D) of section 4507.02 of the Revised Code, 1,626
section 4507.38 or 4507.39 of the Revised Code as those sections 1,627
existed prior to September 24, 1986, a municipal ordinance that 1,628
is substantially similar to section 2903.06, 2903.07, 2903.08, 1,629
4511.19, or 4511.192 of the Revised Code, or a municipal 1,630
ordinance that is substantially similar to section 4507.38 or 1,631
4507.39 of the Revised Code as those sections existed prior to 1,632
September 24, 1986; 1,633
(iv) The offender has accumulated twelve points pursuant 1,635
to section 4507.021 of the Revised Code within one year of the 1,636
offense;
(v) The offender was driving under suspension at the time 1,638
he committed the offense. 1,639
(2) In determining, for purposes of division (D)(1) of 1,641
this section, whether an offender was under the influence of 1,642
alcohol, a drug of abuse, or alcohol and a drug of abuse at the 1,643
time of the commission of the offender's violation of division 1,644
(A) or (B) of this section, the trier of fact may consider as 1,646
competent evidence the concentration of alcohol in the offender's 1,647
blood, breath, or urine as shown by a chemical test taken 1,648
pursuant to section 1547.111 or 4511.191 of the Revised Code. 1,649
The offender shall be presumed to have been under the influence 1,650
of alcohol if there was, at the time the bodily substance was 1,651
withdrawn for the chemical test, a concentration of 1,652
ten-hundredths of one per cent or more by weight of alcohol in 1,653
the offender's blood, ten-hundredths of one gram or more by 1,654
39
weight of alcohol per two hundred ten liters of the offender's 1,655
breath, or fourteen-hundredths of one gram or more by weight of 1,656
alcohol per one hundred milliliters of the offender's urine. 1,657
(2) THE COURT SHALL IMPOSE A MANDATORY PRISON TERM FOR THE 1,659
VIOLATION OF DIVISION (A) OR (B) OF THIS SECTION FROM THE RANGE 1,661
OF PRISON TERMS AUTHORIZED FOR THE LEVEL OF THE OFFENSE UNDER
SECTION 2929.14 OF THE REVISED CODE. 1,662
Sec. 2903.06. (A) No person, while operating or 1,671
participating in the operation of a motor vehicle, motorcycle, 1,672
snowmobile, locomotive, watercraft, or aircraft, shall recklessly 1,673
cause the death of another or the unlawful termination of 1,674
another's pregnancy IN ANY OF THE FOLLOWING WAYS: 1,675
(1) AS THE PROXIMATE RESULT OF COMMITTING A VIOLATION OF 1,677
DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE OR OF A 1,678
SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE; 1,679
(2) RECKLESSLY; 1,681
(3) NEGLIGENTLY; 1,683
(4) AS THE PROXIMATE RESULT OF COMMITTING A VIOLATION OF 1,685
ANY PROVISION OF ANY SECTION CONTAINED IN TITLE XLV OF THE 1,686
REVISED CODE THAT IS A MINOR MISDEMEANOR OR OF A MUNICIPAL 1,687
ORDINANCE THAT, REGARDLESS OF THE PENALTY SET BY ORDINANCE FOR 1,689
THE VIOLATION, IS SUBSTANTIALLY EQUIVALENT TO ANY PROVISION OF 1,690
ANY SECTION CONTAINED IN TITLE XLV OF THE REVISED CODE THAT IS A 1,691
MINOR MISDEMEANOR. 1,692
(B)(1) Whoever violates DIVISION (A)(1) OR (2) OF this 1,695
section is guilty of aggravated vehicular homicide, AND SHALL BE 1,696
PUNISHED AS PROVIDED IN DIVISIONS (B)(1)(a) AND (b) OF THIS 1,697
SECTION. 1,698
(a) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 1,700
AGGRAVATED VEHICULAR HOMICIDE COMMITTED IN VIOLATION OF DIVISION 1,701
(A)(1) OF THIS SECTION IS a felony of the third SECOND degree. 1,702
If AGGRAVATED VEHICULAR HOMICIDE COMMITTED IN VIOLATION OF 1,703
DIVISION (A)(1) OF THIS SECTION IS A FELONY OF THE FIRST DEGREE 1,705
IF, AT THE TIME OF THE OFFENSE, THE OFFENDER WAS DRIVING UNDER A 1,706
40
SUSPENSION IMPOSED UNDER CHAPTER 4507. OR ANY OTHER PROVISION OF 1,707
THE REVISED CODE OR IF the offender previously has been convicted 1,708
of or pleaded guilty to an offense under A VIOLATION OF this 1,709
section, section 2903.07 or 2903.08 of the Revised Code, or 1,711
section 2903.04 of the Revised Code in a case in which the 1,712
offender was subject to the sanctions described in division (D) 1,713
of that section, aggravated vehicular homicide is a felony of the 1,714
second degree.
If the jury or judge as trier of fact finds that the 1,716
offender was under the influence of alcohol, a drug of abuse, or 1,717
alcohol and a drug of abuse, at the time of the commission of the 1,718
offense, then the offender's driver's or commercial driver's 1,719
license or permit or nonresident operating privilege shall be 1,720
permanently revoked pursuant to section 4507.16 of the Revised 1,721
Code. 1,722
When the trier of fact determines whether the offender was 1,724
under the influence of alcohol, a drug of abuse, or alcohol and a 1,725
drug of abuse, the concentration of alcohol in the offender's 1,726
blood, breath, or urine as shown by a chemical test taken 1,727
pursuant to section 1547.111 or 4511.191 of the Revised Code may 1,728
be considered as competent evidence, and the offender shall be 1,729
presumed to have been under the influence of alcohol if there was 1,730
at the time the bodily substance was withdrawn for the chemical 1,731
test a concentration of ten-hundredths of one per cent or more by 1,732
weight of alcohol in the offender's blood, ten-hundredths of one 1,733
gram or more by weight of alcohol per two hundred ten liters of 1,734
the offender's breath, or fourteen-hundredths of one gram or more 1,735
by weight of alcohol per one hundred milliliters of the 1,736
offender's urine; ANY TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR 1,737
ASSAULT OFFENSE; THREE PRIOR VIOLATIONS OF SECTION 4511.19 OF THE 1,739
REVISED CODE OR OF A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE 1,740
WITHIN THE PREVIOUS SIX YEARS; OR A SECOND OR SUBSEQUENT FELONY 1,741
VIOLATION OF DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE. 1,742
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,744
41
PERMANENTLY REVOKE THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL 1,745
DRIVER'S LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY 1,747
LICENSE, OR NONRESIDENT OPERATING PRIVILEGE PURSUANT TO SECTION 1,748
4507.16 OF THE REVISED CODE.
(b) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 1,750
AGGRAVATED VEHICULAR HOMICIDE COMMITTED IN VIOLATION OF DIVISION 1,751
(A)(2) OF THIS SECTION IS A FELONY OF THE THIRD DEGREE. 1,752
AGGRAVATED VEHICULAR HOMICIDE COMMITTED IN VIOLATION OF DIVISION 1,754
(A)(2) OF THIS SECTION IS A FELONY OF THE SECOND DEGREE IF, AT 1,755
THE TIME OF THE OFFENSE, THE OFFENDER WAS DRIVING UNDER A
SUSPENSION IMPOSED UNDER CHAPTER 4507. OF THE REVISED CODE OR ANY 1,756
OTHER PROVISION OF THE REVISED CODE OR IF THE OFFENDER PREVIOUSLY 1,757
HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF THIS 1,759
SECTION OR ANY TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT 1,760
OFFENSE. 1,761
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,763
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,764
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,766
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF THREE 1,767
YEARS TO LIFE PURSUANT TO SECTION 4507.16 OF THE REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (A)(3) OF THIS SECTION IS 1,769
GUILTY OF VEHICULAR HOMICIDE. EXCEPT AS OTHERWISE PROVIDED IN 1,770
THIS DIVISION, VEHICULAR HOMICIDE IS A MISDEMEANOR OF THE FIRST 1,771
DEGREE. VEHICULAR HOMICIDE IS A FELONY OF THE FOURTH DEGREE IF, 1,772
AT THE TIME OF THE OFFENSE, THE OFFENDER WAS DRIVING UNDER A 1,773
SUSPENSION OR REVOCATION IMPOSED UNDER CHAPTER 4507. OR ANY OTHER 1,774
PROVISION OF THE REVISED CODE OR IF THE OFFENDER PREVIOUSLY HAS 1,777
BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF THIS
SECTION OR ANY TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT 1,778
OFFENSE. 1,779
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,781
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,782
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,784
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF ONE TO 1,785
42
FIVE YEARS PURSUANT TO SECTION 4507.16 OF THE REVISED CODE OR, IF 1,786
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY 1,787
TO A VIOLATION OF THIS SECTION OR ANY TRAFFIC-RELATED HOMICIDE, 1,788
MANSLAUGHTER, OR ASSAULT OFFENSE, FOR A DEFINITE PERIOD OF TWO TO 1,789
TEN YEARS PURSUANT TO THAT SECTION.
(3) WHOEVER VIOLATES DIVISION (A)(4) OF THIS SECTION IS 1,791
GUILTY OF VEHICULAR MANSLAUGHTER. EXCEPT AS OTHERWISE PROVIDED 1,792
IN THIS DIVISION, VEHICULAR MANSLAUGHTER IS A MISDEMEANOR OF THE 1,793
SECOND DEGREE. VEHICULAR MANSLAUGHTER IS A MISDEMEANOR OF THE 1,794
FIRST DEGREE IF, AT THE TIME OF THE OFFENSE, THE OFFENDER WAS 1,795
DRIVING UNDER A SUSPENSION IMPOSED UNDER CHAPTER 4507. OF THE 1,796
REVISED CODE OR IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF 1,797
OR PLEADED GUILTY TO A VIOLATION OF THIS SECTION OR ANY 1,798
TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT OFFENSE. 1,799
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,801
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,802
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,804
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF THREE 1,805
MONTHS TO TWO YEARS PURSUANT TO SECTION 4507.16 OF THE REVISED 1,806
CODE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 1,807
PLEADED GUILTY TO A VIOLATION OF THIS SECTION OR ANY 1,809
TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT OFFENSE, FOR A 1,810
DEFINITE PERIOD OF ONE TO FIVE YEARS PURSUANT TO THAT SECTION.
(C) If the THE COURT SHALL IMPOSE A MANDATORY PRISON TERM 1,813
ON AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO A 1,814
VIOLATION OF DIVISION (A)(1) OF THIS SECTION. THE COURT SHALL 1,815
IMPOSE A MANDATORY PRISON TERM ON AN OFFENDER WHO IS CONVICTED OF 1,816
OR PLEADS GUILTY TO A VIOLATION OF DIVISION (A)(2) OR (3) OF THIS 1,817
SECTION IF EITHER OF THE FOLLOWING APPLIES: 1,818
(1) THE offender previously has been convicted of or 1,821
pleaded guilty to a violation of this section, section 2903.04 of 1,822
the Revised Code in a case in which the offender was subject to 1,823
the sanctions described in division (D) of that section, OR 1,824
section 1547.11, 2903.07, 2903.08, 4511.19, or 4511.192 of the 1,825
43
Revised Code, division (B) or (D) of section 4507.02 of the 1,826
Revised Code, section 4507.38 or 4507.39 of the Revised Code as 1,827
those sections existed prior to September 24, 1986, a municipal 1,828
ordinance that is substantially similar to section 2903.07, 1,829
2903.08, 4511.19, or 4511.192 of the Revised Code, a municipal 1,830
ordinance that is substantially similar to section 4507.38 or 1,831
4507.39 of the Revised Code as those sections existed prior to 1,832
September 24, 1986, or a municipal ordinance that is 1,833
substantially similar to section 2903.04 of the Revised Code in a 1,834
case in which the offender would have been subject to the 1,835
sanctions described in division (D) of that section had the 1,836
offender been convicted of a violation of that section, if the 1,838
offender has accumulated twelve points pursuant to section 1,839
4507.021 of the Revised Code within one year of the offense, or 1,840
if in the commission.
(2) AT THE TIME of the offense, the offender was driving 1,843
under suspension or operating a motor vehicle while under the 1,844
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,845
abuse, the offender shall be sentenced to a mandatory prison term 1,846
and shall not be eligible for a sentence to a community control 1,847
sanction pursuant to section 2929.13 of the Revised Code, for 1,849
judicial release pursuant to section 2929.20 of the Revised Code, 1,850
or for a reduction of a stated prison term or a release pursuant 1,851
to section 2967.193 of the Revised Code or any other provision of
Chapter 2967. or UNDER Chapter 5120. 4507. of the Revised Code. 1,854
(D)(1) As used in this section, "mandatory: 1,856
(a) "MANDATORY prison term" and "community control 1,858
sanction" have HAS the same meanings MEANING as in section 1,860
2929.01 of the Revised Code.
(b) "TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT 1,863
OFFENSE" MEANS A VIOLATION OF SECTION 2903.04 OF THE REVISED CODE 1,864
IN CIRCUMSTANCES IN WHICH DIVISION (D) OF THAT SECTION APPLIES, A 1,865
VIOLATION OF SECTION 2903.06 OR 2903.08 OF THE REVISED CODE, OR A 1,866
VIOLATION OF SECTION 2903.06, 2903.07, OR 2903.08 OF THE REVISED 1,867
44
CODE AS THEY EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS 1,868
AMENDMENT.
(2) FOR THE PURPOSES OF THIS SECTION, WHEN A PENALTY OR 1,870
SUSPENSION IS ENHANCED BECAUSE OF A PRIOR OR CURRENT VIOLATION OF 1,871
A SPECIFIED LAW OR A PRIOR OR CURRENT SPECIFIED OFFENSE, THE 1,872
REFERENCE TO THE VIOLATION OF THE SPECIFIED LAW OR THE SPECIFIED 1,873
OFFENSE INCLUDES ANY VIOLATION OF ANY SUBSTANTIALLY EQUIVALENT 1,874
MUNICIPAL ORDINANCE, FORMER LAW OF THIS STATE, OR CURRENT OR 1,875
FORMER LAW OF ANOTHER STATE OR THE UNITED STATES. 1,876
Sec. 2903.08. (A) No person, while operating or 1,885
participating in the operation of a motor vehicle, motorcycle, 1,886
snowmobile, locomotive, watercraft, or aircraft, shall recklessly 1,887
cause serious physical harm to another person or another's unborn 1,888
IN EITHER OF THE FOLLOWING WAYS: 1,889
(1) AS THE PROXIMATE RESULT OF COMMITTING A VIOLATION OF 1,891
DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE OR OF A 1,892
SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE; 1,893
(2) RECKLESSLY. 1,895
(B)(1) Whoever violates DIVISION (A)(1) OF this section is 1,898
guilty of aggravated vehicular assault,. EXCEPT AS OTHERWISE 1,899
PROVIDED IN THIS DIVISION, AGGRAVATED VEHICULAR ASSAULT IS a 1,900
felony of the fourth THIRD degree. If AGGRAVATED VEHICULAR 1,902
ASSAULT IS A FELONY OF THE SECOND DEGREE IF, AT THE TIME OF THE 1,903
OFFENSE, THE OFFENDER WAS DRIVING UNDER A SUSPENSION IMPOSED 1,904
UNDER CHAPTER 4507. OR ANY OTHER PROVISION OF THE REVISED CODE OR
IF the offender previously has been convicted of an offense under 1,905
OR PLEADED GUILTY TO A VIOLATION OF this section, section 2903.06 1,907
or 2903.07 of the Revised Code, or section 2903.04 of the Revised 1,908
Code in a case in which the offender was subject to the sanctions 1,909
described in division (D) of that section, aggravated vehicular 1,910
assault is a felony of the third degree. 1,911
If the jury or judge as trier of fact finds that the 1,913
offender was under the influence of alcohol, a drug of abuse, or 1,914
alcohol and a drug of abuse, at the time of the commission of the 1,915
45
offense, then the offender's driver's or commercial driver's 1,916
license or permit or nonresident operating privileges shall be 1,917
permanently revoked pursuant to section 4507.16 of the Revised 1,918
Code. 1,919
When the trier of fact determines whether the offender was 1,921
under the influence of alcohol, a drug of abuse, or alcohol and a 1,922
drug of abuse, the concentration of alcohol in the offender's 1,923
blood, breath, or urine as shown by a chemical test taken 1,924
pursuant to section 1547.111 or 4511.191 of the Revised Code may 1,925
be considered as competent evidence and the offender shall be 1,926
presumed to have been under the influence of alcohol if there was 1,927
at the time the bodily substance was withdrawn for the chemical 1,928
test a concentration of ten-hundredths of one per cent or more by 1,929
weight of alcohol in the offender's blood, ten-hundredths of one 1,930
gram or more by weight of alcohol per two hundred ten liters of 1,931
the offender's breath, or fourteen-hundredths of one gram or more 1,932
by weight of alcohol per one hundred milliliters of the 1,933
offender's urine; ANY TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR 1,934
ASSAULT OFFENSE; THREE PRIOR VIOLATIONS OF SECTION 4511.19 OF THE 1,935
REVISED CODE OR A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE 1,936
WITHIN THE PREVIOUS SIX YEARS; OR A SECOND OR SUBSEQUENT FELONY 1,937
VIOLATION OF DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE. 1,938
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,940
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,942
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,943
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF TWO TO 1,944
TEN YEARS PURSUANT TO SECTION 4507.16 OF THE REVISED CODE OR, IF 1,945
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY 1,946
TO A VIOLATION OF THIS SECTION OR ANY TRAFFIC-RELATED HOMICIDE, 1,947
MANSLAUGHTER, OR ASSAULT OFFENSE, FOR A DEFINITE PERIOD OF THREE 1,948
YEARS TO LIFE PURSUANT TO THAT SECTION. 1,949
(2) WHOEVER VIOLATES DIVISION (A)(2) OF THIS SECTION IS 1,951
GUILTY OF VEHICULAR ASSAULT. EXCEPT AS OTHERWISE PROVIDED IN 1,952
THIS DIVISION, VEHICULAR ASSAULT IS A FELONY OF THE FOURTH 1,953
46
DEGREE. VEHICULAR ASSAULT IS A FELONY OF THE THIRD DEGREE IF, AT 1,954
THE TIME OF THE OFFENSE, THE OFFENDER WAS DRIVING UNDER A 1,955
SUSPENSION IMPOSED UNDER CHAPTER 4507. OF THE REVISED CODE OR IF 1,956
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY 1,957
TO A VIOLATION OF THIS SECTION OR ANY TRAFFIC-RELATED HOMICIDE, 1,958
MANSLAUGHTER, OR ASSAULT OFFENSE. 1,959
IN ADDITION TO ANY OTHER SANCTIONS IMPOSED, THE COURT SHALL 1,961
SUSPEND THE OFFENDER'S DRIVER'S LICENSE, COMMERCIAL DRIVER'S 1,963
LICENSE, TEMPORARY INSTRUCTION PERMIT, PROBATIONARY LICENSE, OR 1,964
NONRESIDENT OPERATING PRIVILEGE FOR A DEFINITE PERIOD OF ONE TO 1,965
FIVE YEARS PURSUANT TO SECTION 4507.16 OF THE REVISED CODE OR, IF 1,966
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY 1,967
TO A VIOLATION OF THIS SECTION OR ANY TRAFFIC-RELATED HOMICIDE, 1,968
MANSLAUGHTER, OR ASSAULT OFFENSE, FOR A DEFINITE PERIOD OF TWO TO 1,969
TEN YEARS PURSUANT TO THAT SECTION. 1,970
(C) If the THE COURT SHALL IMPOSE A MANDATORY PRISON TERM 1,973
ON AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO A 1,974
VIOLATION OF DIVISION (A)(1) OF THIS SECTION. THE COURT SHALL 1,975
IMPOSE A MANDATORY PRISON TERM ON AN OFFENDER WHO IS CONVICTED OF 1,976
OR PLEADS GUILTY TO A VIOLATION OF DIVISION (A)(2) OF THIS 1,977
SECTION IF EITHER OF THE FOLLOWING APPLIES: 1,978
(1) THE offender previously has been convicted of or 1,981
pleaded guilty to a violation of this section, section 2903.04 of 1,982
the Revised Code in a case in which the offender was subject to 1,983
the sanctions described in division (D) of that section, OR 1,984
section 1547.11, 2903.06, 2903.07, 4511.19, or 4511.192 of the 1,985
Revised Code, division (B) or (D) of section 4507.02 of the 1,986
Revised Code, section 4507.38 or 4507.39 of the Revised Code as 1,987
those sections existed prior to September 24, 1986, a municipal 1,988
ordinance that is substantially similar to this section, section 1,989
2903.07, 4511.19, or 4511.192 of the Revised Code, a municipal 1,990
ordinance that is substantially similar to section 4507.38 or 1,991
4507.39 of the Revised Code as those sections existed prior to 1,992
September 24, 1986, or a municipal ordinance that is 1,993
47
substantially similar to section 2903.04 of the Revised Code in a 1,994
case in which the offender would have been subject to the 1,995
sanctions described in division (D) of that section had the 1,996
offender been convicted of a violation of that section, if the 1,997
offender has accumulated twelve points pursuant to section 1,998
4507.021 of the Revised Code within one year of the offense, or 1,999
if in the commission.
(2) AT THE TIME of the offense, the offender was driving 2,002
under suspension or operating a motor vehicle while under the 2,003
influence of alcohol, a drug of abuse, or alcohol and a drug of 2,004
abuse, the offender shall be sentenced to a mandatory prison term 2,005
and is not eligible for a sentence to a community control
sanction pursuant to section 2929.13 of the Revised Code, for 2,006
judicial release pursuant to section 2929.20 of the Revised Code, 2,007
or for a reduction of a stated prison term or a release pursuant 2,008
to section 2967.193 of the Revised Code or any other provision of 2,009
Chapter 2967. or UNDER Chapter 5120. 4507. OR ANY OTHER PROVISION 2,010
of the Revised Code. 2,011
(D) As used in this section, "mandatory: 2,013
(1) "MANDATORY prison term" and "community control 2,016
sanction" have HAS the same meanings MEANING as in section 2,018
2929.01 of the Revised Code.
(2) "TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT 2,020
OFFENSE" HAS THE SAME MEANING AS IN SECTION 2903.06 OF THE 2,021
REVISED CODE.
(E) FOR THE PURPOSES OF THIS SECTION, WHEN A PENALTY OR 2,023
SUSPENSION IS ENHANCED BECAUSE OF A PRIOR OR CURRENT VIOLATION OF 2,024
A SPECIFIED LAW OR A PRIOR OR CURRENT SPECIFIED OFFENSE, THE 2,025
REFERENCE TO THE VIOLATION OF THE SPECIFIED LAW OR THE SPECIFIED 2,026
OFFENSE INCLUDES ANY VIOLATION OF ANY SUBSTANTIALLY EQUIVALENT 2,027
MUNICIPAL ORDINANCE, FORMER LAW OF THIS STATE, OR CURRENT OR 2,028
FORMER LAW OF ANOTHER STATE OR THE UNITED STATES. 2,029
Sec. 2903.09. As used in sections 2903.01 to 2903.08, 2,038
2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code: 2,040
48
(A) "Unlawful termination of another's pregnancy" means 2,043
causing the death of an unborn member of the species homo
sapiens, who is or was carried in the womb of another, as a 2,044
result of injuries inflicted during the period that begins with 2,045
fertilization and that continues unless and until live birth 2,046
occurs.
(B) "Another's unborn" or "such other person's unborn" 2,048
means a member of the species homo sapiens, who is or was carried 2,049
in the womb of another, during a period that begins with 2,050
fertilization and that continues unless and until live birth 2,051
occurs.
(C) Notwithstanding divisions (A) and (B) of this section, 2,054
in no case shall the definitions of the terms "unlawful
termination of another's pregnancy," "another's unborn," and 2,056
"such other person's unborn" that are set forth in division (A) 2,057
of this section be applied or construed in any of the following 2,058
manners:
(1) Except as otherwise provided in division (C)(1) of 2,060
this section, in a manner so that the offense prohibits or is 2,061
construed as prohibiting any pregnant woman or her physician from 2,062
performing an abortion with the actual consent of the pregnant 2,063
woman, with the consent of the pregnant woman implied by law in a 2,065
medical emergency, or with the approval of one otherwise 2,066
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 2,067
described in the immediately preceding sentence may be punished 2,068
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2,069
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 2,070
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 2,072
An abortion that does not violate the conditions described in the 2,073
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 2,074
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 2,075
as a violation of section 2919.12, division (B) of section 2,077
49
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 2,079
Code, as applicable. 2,080
(2) In a manner so that the offense is applied or is 2,083
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 2,084
results in any of the following: 2,085
(a) Her delivery of a stillborn baby; 2,087
(b) Her causing, in any other manner, the death in utero 2,090
of an unborn that she is carrying;
(c) Her causing the death of her child who is born alive 2,093
but who dies from one or more injuries that are sustained while
the child is an unborn; 2,094
(d) Her causing her child who is born alive to sustain one 2,097
or more injuries while the child is an unborn;
(e) Her causing, threatening to cause, or attempting to 2,100
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 2,101
or a mental illness or condition, regardless of its duration or 2,102
gravity, to an unborn that she is carrying. 2,103
Sec. 2919.22. (A) No person, who is the parent, guardian, 2,112
custodian, person having custody or control, or person in loco 2,113
parentis of a child under eighteen years of age or a mentally or 2,114
physically handicapped child under twenty-one years of age, shall 2,115
create a substantial risk to the health or safety of the child, 2,116
by violating a duty of care, protection, or support. It is not a 2,117
violation of a duty of care, protection, or support under this 2,118
division when the parent, guardian, custodian, or person having 2,119
custody or control of a child treats the physical or mental 2,120
illness or defect of the child by spiritual means through prayer 2,121
alone, in accordance with the tenets of a recognized religious 2,122
body. 2,123
(B) No person shall do any of the following to a child 2,125
under eighteen years of age or a mentally or physically 2,126
handicapped child under twenty-one years of age: 2,127
50
(1) Abuse the child; 2,129
(2) Torture or cruelly abuse the child; 2,131
(3) Administer corporal punishment or other physical 2,133
disciplinary measure, or physically restrain the child in a cruel 2,134
manner or for a prolonged period, which punishment, discipline, 2,135
or restraint is excessive under the circumstances and creates a 2,136
substantial risk of serious physical harm to the child; 2,137
(4) Repeatedly administer unwarranted disciplinary 2,139
measures to the child, when there is a substantial risk that such 2,140
conduct, if continued, will seriously impair or retard the 2,141
child's mental health or development; 2,142
(5) Entice, coerce, permit, encourage, compel, hire, 2,144
employ, use, or allow the child to act, model, or in any other 2,145
way participate in, or be photographed for, the production, 2,146
presentation, dissemination, or advertisement of any material or 2,147
performance that the offender knows or reasonably should know is 2,149
obscene, is sexually oriented matter, or is nudity-oriented 2,150
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 2,152
trackless trolley within this state in violation of division (A) 2,154
of section 4511.19 of the Revised Code when one or more children 2,155
under eighteen years of age are in the vehicle, streetcar, or 2,156
trackless trolley. Notwithstanding any other provision of law, a 2,157
person may be convicted at the same trial or proceeding of a 2,158
violation of this division and a violation of division (A) of 2,159
section 4511.19 of the Revised Code that constitutes the basis of 2,160
the charge of the violation of this division. For purposes of 2,161
section 4511.191 of the Revised Code and all related provisions 2,162
of law, a person arrested for a violation of this division shall 2,163
be considered to be under arrest for operating a vehicle while 2,164
under the influence of alcohol, a drug of abuse, or alcohol and a 2,165
drug of abuse or for operating a vehicle with a prohibited 2,166
concentration of alcohol in the blood, breath, or urine. 2,167
(2) As used in division (C)(1) of this section, "vehicle," 2,169
51
"streetcar," and "trackless trolley" have the same meanings as in 2,170
section 4511.01 of the Revised Code. 2,171
(D)(1) Division (B)(5) of this section does not apply to 2,173
any material or performance that is produced, presented, or 2,174
disseminated for a bona fide medical, scientific, educational, 2,175
religious, governmental, judicial, or other proper purpose, by or 2,176
to a physician, psychologist, sociologist, scientist, teacher, 2,177
person pursuing bona fide studies or research, librarian, 2,178
clergyman MEMBER OF THE CLERGY, prosecutor, judge, or other 2,179
person having a proper interest in the material or performance. 2,181
(2) Mistake of age is not a defense to a charge under 2,183
division (B)(5) of this section. 2,184
(3) In a prosecution under division (B)(5) of this 2,186
section, the trier of fact may infer that an actor, model, or 2,187
participant in the material or performance involved is a juvenile 2,188
if the material or performance, through its title, text, visual 2,189
representation, or otherwise, represents or depicts the actor, 2,190
model, or participant as a juvenile. 2,191
(4) As used in this division and division (B)(5) of this 2,193
section: 2,194
(a) "Material," "performance," "obscene," and "sexual 2,196
activity" have the same meanings as in section 2907.01 of the 2,197
Revised Code. 2,198
(b) "Nudity-oriented matter" means any material or 2,200
performance that shows a minor in a state of nudity and that, 2,201
taken as a whole by the average person applying contemporary 2,202
community standards, appeals to prurient interest. 2,203
(c) "Sexually oriented matter" means any material or 2,205
performance that shows a minor participating or engaging in 2,206
sexual activity, masturbation, or bestiality. 2,207
(E)(1) Whoever violates this section is guilty of 2,209
endangering children. 2,210
(2) If the offender violates division (A) or (B)(1) of 2,212
this section, endangering children is one of the following: 2,213
52
(a) Except as otherwise provided in division (E)(2)(b), 2,216
(c), or (d) of this section, a misdemeanor of the first degree; 2,217
(b) If the offender previously has been convicted of an 2,220
offense under this section or of any offense involving neglect, 2,221
abandonment, contributing to the delinquency of, or physical 2,222
abuse of a child, except as otherwise provided in division 2,223
(E)(2)(c) or (d) of this section, a felony of the fourth degree; 2,224
(c) If the violation is a violation of division (A) of 2,226
this section and results in serious physical harm to the child 2,228
involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1) of 2,231
this section and results in serious physical harm to the child 2,232
involved, a felony of the second degree. 2,233
(3) If the offender violates division (B)(2), (3), or (4) 2,235
of this section, except as otherwise provided in this division, 2,236
endangering children is a felony of the third degree. If the 2,238
violation results in serious physical harm to the child involved, 2,240
or if the offender previously has been convicted of an offense 2,241
under this section or of any offense involving neglect, 2,242
abandonment, contributing to the delinquency of, or physical 2,243
abuse of a child, endangering children is a felony of the second 2,244
degree.
(4) If the offender violates division (B)(5) of this 2,247
section, endangering children is a felony of the second degree. 2,248
(5) If the offender violates division (C) of this section, 2,250
the offender shall be punished as follows: 2,251
(a) Except as otherwise provided in division (E)(5)(b) or 2,254
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 2,256
degree.
(b) If the violation results in serious physical harm to 2,258
the child involved or the offender previously has been convicted 2,259
of an offense under this section or any offense involving 2,260
neglect, abandonment, contributing to the delinquency of, or 2,261
53
physical abuse of a child, except as otherwise provided in 2,262
division (E)(5)(c) of this section, endangering children in 2,264
violation of division (C) of this section is a felony of the 2,266
fifth degree.
(c) If the violation results in serious physical harm to 2,268
the child involved and if the offender previously has been 2,269
convicted of a violation of division (C) of this section, section 2,270
2903.06, 2903.07, or 2903.08 of the Revised Code, SECTION 2903.07 2,271
OF THE REVISED CODE AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF 2,272
THIS AMENDMENT, or section 2903.04 of the Revised Code in a case 2,274
in which the offender was subject to the sanctions described in 2,275
division (D) of that section, endangering children in violation 2,276
of division (C) of this section is a felony of the fourth degree. 2,277
(d) In addition to any term of imprisonment, fine, or 2,279
other sentence, penalty, or sanction it imposes upon the offender 2,280
pursuant to division (E)(5)(a), (b), or (c) of this section or 2,281
pursuant to any other provision of law, the court also may impose 2,282
upon the offender one or both of the following sanctions: 2,283
(i) It may require the offender, as part of the offender's 2,285
sentence and in the manner described in division (F) of this 2,286
section, to perform not more than two hundred hours of supervised 2,287
community service work under the authority of any agency, 2,288
political subdivision, or charitable organization of the type 2,289
described in division (F)(1) of section 2951.02 of the Revised 2,291
Code, provided that the court shall not require the offender to 2,292
perform supervised community service work under this division 2,293
unless the offender agrees to perform the supervised community 2,294
service work.
(ii) It may suspend the driver's or commercial driver's 2,296
license or permit or nonresident operating privilege of the 2,297
offender for up to ninety days, in addition to any suspension or 2,298
revocation of the offender's driver's or commercial driver's 2,299
license or permit or nonresident operating privilege under 2,300
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 2,301
54
under any other provision of law. 2,302
(e) In addition to any term of imprisonment, fine, or 2,304
other sentence, penalty, or sanction imposed upon the offender 2,305
pursuant to division (E)(5)(a), (b), (c), or (d) of this section 2,306
or pursuant to any other provision of law for the violation of 2,307
division (C) of this section, if as part of the same trial or 2,308
proceeding the offender also is convicted of or pleads guilty to 2,309
a separate charge charging the violation of division (A) of 2,310
section 4511.19 of the Revised Code that was the basis of the 2,311
charge of the violation of division (C) of this section, the 2,312
offender also shall be sentenced, in accordance with section 2,313
4511.99 of the Revised Code, for that violation of division (A) 2,314
of section 4511.19 of the Revised Code and also shall be subject 2,315
to all other sanctions that are required or authorized by any 2,316
provision of law for that violation of division (A) of section 2,317
4511.19 of the Revised Code. 2,318
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 2,320
this section, requires an offender to perform supervised 2,321
community service work under the authority of an agency, 2,322
subdivision, or charitable organization, the requirement shall be 2,323
part of the community control sanction or sentence of the 2,324
offender, and the court shall impose the community service in 2,326
accordance with and subject to divisions (F)(1)(a) and (b) of 2,327
this section. The court may require an offender whom it requires 2,328
to perform supervised community service work as part of the 2,329
offender's community control sanction or sentence to pay the 2,330
court a reasonable fee to cover the costs of the offender's 2,332
participation in the work, including, but not limited to, the 2,334
costs of procuring a policy or policies of liability insurance to 2,335
cover the period during which the offender will perform the work. 2,336
If the court requires the offender to perform supervised 2,337
community service work as part of the offender's community 2,338
control sanction or sentence, the court shall do so in accordance 2,339
with the following limitations and criteria: 2,340
55
(i) The court shall require that the community service 2,342
work be performed after completion of the term of imprisonment 2,343
imposed upon the offender for the violation of division (C) of 2,344
this section, if applicable. 2,345
(ii) The supervised community service work shall be 2,347
subject to the limitations set forth in divisions (F)(1)(a) to 2,349
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 2,351
the manner described in division (F)(1)(d) of section 2951.02 of 2,352
the Revised Code by an official or person with the qualifications 2,353
described in that division. The official or person periodically 2,354
shall report in writing to the court concerning the conduct of 2,355
the offender in performing the work.
(iv) The court shall inform the offender in writing that 2,357
if the offender does not adequately perform, as determined by the 2,359
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 2,360
period of time that does not exceed the term of imprisonment that 2,361
the court could have imposed upon the offender for the violation 2,362
of division (C) of this section, reduced by the total amount of 2,363
time that the offender actually was imprisoned under the sentence 2,364
or term that was imposed upon the offender for that violation and 2,365
by the total amount of time that the offender was confined for 2,366
any reason arising out of the offense for which the offender was 2,367
convicted and sentenced as described in sections 2949.08 and 2,369
2967.191 of the Revised Code, and that, if the court orders that 2,370
the offender be so committed, the court is authorized, but not 2,371
required, to grant the offender credit upon the period of the 2,372
commitment for the community service work that the offender 2,373
adequately performed.
(b) If a court, pursuant to this division and division 2,375
(E)(5)(d)(i) of this section, orders an offender to perform 2,376
community service work as part of the offender's community 2,377
control sanction or sentence and if the offender does not 2,379
56
adequately perform all of the required community service work, as 2,380
determined by the court, the court may order that the offender be 2,381
committed to a jail or workhouse for a period of time that does 2,382
not exceed the term of imprisonment that the court could have 2,383
imposed upon the offender for the violation of division (C) of 2,384
this section, reduced by the total amount of time that the 2,385
offender actually was imprisoned under the sentence or term that 2,386
was imposed upon the offender for that violation and by the total 2,387
amount of time that the offender was confined for any reason 2,388
arising out of the offense for which the offender was convicted 2,390
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 2,391
pursuant to this division shall receive hour-for-hour credit upon 2,392
the period of the commitment for the community service work that 2,393
the offender adequately performed. No commitment pursuant to 2,395
this division shall exceed the period of the term of imprisonment 2,396
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 2,397
total amount of time that the offender actually was imprisoned 2,398
under that sentence or term and by the total amount of time that 2,399
the offender was confined for any reason arising out of the 2,400
offense for which the offender was convicted and sentenced as 2,401
described in sections 2949.08 and 2967.191 of the Revised Code. 2,402
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 2,404
not limit or affect the authority of the court to suspend the 2,405
sentence imposed upon a misdemeanor offender and place the 2,406
offender on probation or otherwise suspend the sentence pursuant 2,407
to sections 2929.51 and 2951.02 of the Revised Code, to require 2,408
the misdemeanor offender, as a condition of the offender's 2,409
probation or of otherwise suspending the offender's sentence, to 2,410
perform supervised community service work in accordance with 2,412
division (F) of section 2951.02 of the Revised Code, or to place 2,414
a felony offender under a community control sanction. 2,416
(G)(1) If a court suspends an offender's driver's or 2,418
57
commercial driver's license or permit or nonresident operating 2,419
privilege under division (E)(5)(d)(ii) of this section, the 2,420
period of the suspension shall be consecutive to, and commence 2,421
after, the period of suspension or revocation of the offender's 2,422
driver's or commercial driver's license or permit or nonresident 2,423
operating privilege that is imposed under Chapter 4506., 4507., 2,424
4509., or 4511. of the Revised Code or under any other provision 2,425
of law in relation to the violation of division (C) of this 2,426
section that is the basis of the suspension under division 2,427
(E)(5)(d)(ii) of this section or in relation to the violation of 2,428
division (A) of section 4511.19 of the Revised Code that is the 2,429
basis for that violation of division (C) of this section. 2,430
If an (2) AN OFFENDER IS NOT ENTITLED TO REQUEST, AND THE 2,432
COURT SHALL NOT GRANT TO THE OFFENDER, OCCUPATIONAL DRIVING 2,434
PRIVILEGES UNDER DIVISION (G) OF THIS SECTION IF THE offender's 2,436
license, permit, or privilege has been suspended under division 2,437
(E)(5)(d)(ii) of this section and the offender, within the 2,438
preceding seven years, has been convicted of or pleaded guilty to 2,439
three or more violations of division ONE OR MORE OF THE 2,440
FOLLOWING:
(a) DIVISION (C) of this section, division; 2,443
(b) DIVISION (A) or (B) of section 4511.19 of the Revised 2,446
Code, a;
(c) A municipal ordinance relating to operating a vehicle 2,449
while under the influence of alcohol, a drug of abuse, or alcohol 2,450
and a drug of abuse, a;
(d) A municipal ordinance relating to operating a vehicle 2,453
with a prohibited concentration of alcohol in the blood, breath, 2,454
or urine, section;
(e) SECTION 2903.04 of the Revised Code in a case in which 2,457
the offender was subject to the sanctions described in division 2,458
(D) of that section,2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 2,469
2903.07 of the Revised Code, or a municipal ordinance that is 2,471
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER
section 2903.07 of the Revised Code, in a case in which the jury 2,474
or judge found that the offender was under the influence of 2,475
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a; 2,476
(h) A statute of the United States or of any other state 2,479
or a municipal ordinance of a municipal corporation located in 2,480
any other state that is substantially similar to division (A) or 2,481
(B) of section 4511.19 of the Revised Code, the offender is not 2,482
entitled to request, and the court shall not grant to the 2,483
offender, occupational driving privileges under this division. 2,484
Any.
(3) ANY other offender WHO IS NOT DESCRIBED IN DIVISION 2,487
(G)(2) OF THIS SECTION AND whose license, permit, or nonresident 2,488
operating privilege has been suspended under division 2,489
(E)(5)(d)(ii) of this section may file with the sentencing court 2,490
a petition alleging that the suspension would seriously affect 2,491
the offender's ability to continue employment. Upon satisfactory 2,492
proof that there is reasonable cause to believe that the 2,493
suspension would seriously affect the offender's ability to 2,494
continue employment, the court may grant the offender 2,495
occupational driving privileges during the period during which 2,496
the suspension otherwise would be imposed, except that the court 2,497
shall not grant occupational driving privileges for employment as 2,498
a driver of commercial motor vehicles to any person who is 2,499
disqualified from operating a commercial motor vehicle under 2,500
section 2301.374 or 4506.16 of the Revised Code. 2,501
(H)(1) If a person violates division (C) of this section 2,503
and if, at the time of the violation, there were two or more 2,504
children under eighteen years of age in the motor vehicle 2,505
involved in the violation, the offender may be convicted of a 2,506
59
violation of division (C) of this section for each of the 2,507
children, but the court may sentence the offender for only one of 2,508
the violations. 2,509
(2)(a) If a person is convicted of or pleads guilty to a 2,511
violation of division (C) of this section but the person is not 2,512
also convicted of and does not also plead guilty to a separate 2,513
charge charging the violation of division (A) of section 4511.19 2,514
of the Revised Code that was the basis of the charge of the 2,515
violation of division (C) of this section, both of the following 2,516
apply: 2,517
(i) For purposes of the provisions of section 4511.99 of 2,519
the Revised Code that set forth the penalties and sanctions for a 2,520
violation of division (A) of section 4511.19 of the Revised Code, 2,521
the conviction of or plea of guilty to the violation of division 2,522
(C) of this section shall not constitute a violation of division 2,523
(A) of section 4511.19 of the Revised Code; 2,524
(ii) For purposes of any provision of law that refers to a 2,526
conviction of or plea of guilty to a violation of division (A) of 2,527
section 4511.19 of the Revised Code and that is not described in 2,528
division (H)(2)(a)(i) of this section, the conviction of or plea 2,529
of guilty to the violation of division (C) of this section shall 2,530
constitute a conviction of or plea of guilty to a violation of 2,531
division (A) of section 4511.19 of the Revised Code. 2,532
(b) If a person is convicted of or pleads guilty to a 2,534
violation of division (C) of this section and the person also is 2,535
convicted of or pleads guilty to a separate charge charging the 2,536
violation of division (A) of section 4511.19 of the Revised Code 2,537
that was the basis of the charge of the violation of division (C) 2,538
of this section, the conviction of or plea of guilty to the 2,539
violation of division (C) of this section shall not constitute, 2,540
for purposes of any provision of law that refers to a conviction 2,541
of or plea of guilty to a violation of division (A) of section 2,542
4511.19 of the Revised Code, a conviction of or plea of guilty to 2,543
a violation of division (A) of section 4511.19 of the Revised 2,544
60
Code. 2,545
(I) As used in this section, "community control sanction" 2,548
has the same meaning as in section 2929.01 of the Revised Code. 2,550
Sec. 2923.02. (A) No person, purposely or knowingly, and 2,559
when purpose or knowledge is sufficient culpability for the 2,560
commission of an offense, shall engage in conduct that, if 2,561
successful, would constitute or result in the offense. 2,562
(B) It is no defense to a charge under this section that, 2,564
in retrospect, commission of the offense that was the object of 2,566
the attempt was either factually or legally impossible under the 2,567
attendant circumstances, if that offense could have been 2,568
committed had the attendant circumstances been as the actor 2,569
believed them to be. 2,570
(C) No person who is convicted of committing a specific 2,572
offense, of complicity in the commission of an offense, or of 2,573
conspiracy to commit an offense shall be convicted of an attempt 2,574
to commit the same offense in violation of this section. 2,575
(D) It is an affirmative defense to a charge under this 2,577
section that the actor abandoned the actor's effort to commit the 2,579
offense or otherwise prevented its commission, under 2,580
circumstances manifesting a complete and voluntary renunciation 2,581
of the actor's criminal purpose. 2,583
(E) Whoever violates this section is guilty of an attempt 2,585
to commit an offense. An attempt to commit aggravated murder, 2,586
murder, or an offense for which the maximum penalty is 2,587
imprisonment for life is a felony of the first degree. AN 2,588
ATTEMPT TO COMMIT A DRUG ABUSE OFFENSE FOR WHICH THE PENALTY IS 2,589
DETERMINED BY THE AMOUNT OR NUMBER OF UNIT DOSES OF THE
CONTROLLED SUBSTANCE INVOLVED IN THE DRUG ABUSE OFFENSE IS AN 2,590
OFFENSE OF THE SAME DEGREE AS THE DRUG ABUSE OFFENSE ATTEMPTED 2,591
WOULD BE IF THAT DRUG ABUSE OFFENSE HAD BEEN COMMITTED AND HAD 2,592
INVOLVED AN AMOUNT OR NUMBER OF UNIT DOSES OF THE CONTROLLED 2,593
SUBSTANCE THAT IS WITHIN THE NEXT LOWER RANGE OF CONTROLLED
SUBSTANCE AMOUNTS THAN WAS INVOLVED IN THE ATTEMPT. An attempt 2,594
61
to commit any other offense is an offense of the next lesser 2,597
degree than the offense attempted. In the case of an attempt to 2,598
commit an offense other than a violation of Chapter 3734. of the 2,599
Revised Code that is not specifically classified, an attempt is a 2,600
misdemeanor of the first degree if the offense attempted is a 2,601
felony, and a misdemeanor of the fourth degree if the offense 2,602
attempted is a misdemeanor. In the case of an attempt to commit 2,603
a violation of any provision of Chapter 3734. of the Revised 2,604
Code, other than section 3734.18 of the Revised Code, that 2,605
relates to hazardous wastes, an attempt is a felony punishable by 2,606
a fine of not more than twenty-five thousand dollars or 2,607
imprisonment for not more than eighteen months, or both. An 2,608
attempt to commit a minor misdemeanor, or to engage in 2,609
conspiracy, is not an offense under this section.
(F) AS USED IN THIS SECTION, "DRUG ABUSE OFFENSE" HAS THE 2,611
SAME MEANING AS IN SECTION 2925.01 OF THE REVISED CODE. 2,612
Sec. 2923.162. (A) NO PERSON SHALL DO ANY OF THE 2,614
FOLLOWING:
(1) WITHOUT PERMISSION FROM THE PROPER OFFICIALS AND 2,616
SUBJECT TO DIVISION (B)(1) OF THIS SECTION, DISCHARGE A FIREARM 2,617
UPON OR OVER A CEMETERY OR WITHIN ONE HUNDRED YARDS OF A 2,618
CEMETERY;
(2) SUBJECT TO DIVISION (B)(2) OF THIS SECTION, DISCHARGE 2,620
A FIREARM ON A LAWN, PARK, PLEASURE GROUND, ORCHARD, OR OTHER 2,621
GROUND APPURTENANT TO A SCHOOLHOUSE, CHURCH, OR INHABITED 2,622
DWELLING, THE PROPERTY OF ANOTHER, OR A CHARITABLE INSTITUTION; 2,623
(3) DISCHARGE A FIREARM UPON OR OVER A PUBLIC ROAD OR 2,625
HIGHWAY.
(B)(1) DIVISION (A)(1) OF THIS SECTION DOES NOT APPLY TO A 2,628
PERSON WHO, WHILE ON THE PERSON'S OWN LAND, DISCHARGES A FIREARM.
(2) DIVISION (A)(2) OF THIS SECTION DOES NOT APPLY TO A 2,630
PERSON WHO OWNS ANY TYPE OF PROPERTY DESCRIBED IN THAT DIVISION 2,631
AND WHO, WHILE ON THE PERSON'S OWN ENCLOSURE, DISCHARGES A 2,632
FIREARM.
62
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF DISCHARGE 2,634
OF A FIREARM ON OR NEAR PROHIBITED PREMISES. A VIOLATION OF 2,635
DIVISION (A)(1) OR (2) OF THIS SECTION IS A MISDEMEANOR OF THE 2,636
FOURTH DEGREE. A VIOLATION OF DIVISION (A)(3) OF THIS SECTION IS 2,637
A MISDEMEANOR OF THE FIRST DEGREE. 2,638
Sec. 2925.02. (A) No person shall knowingly do any of the 2,647
following: 2,648
(1) By force, threat, or deception, administer to another 2,650
or induce or cause another to use a controlled substance; 2,651
(2) By any means, administer or furnish to another or 2,653
induce or cause another to use a controlled substance with 2,654
purpose to cause serious physical harm to the other person, or 2,655
with purpose to cause the other person to become drug dependent; 2,656
(3) By any means, administer or furnish to another or 2,658
induce or cause another to use a controlled substance, and 2,659
thereby cause serious physical harm to the other person, or cause 2,660
the other person to become drug dependent; 2,661
(4) By any means, do any of the following: 2,663
(a) Furnish or administer a controlled substance to a 2,665
juvenile who is at least two years the offender's junior, when 2,667
the offender knows the age of the juvenile or is reckless in that 2,668
regard;
(b) Induce or cause a juvenile who is at least two years 2,670
the offender's junior to use a controlled substance, when the 2,672
offender knows the age of the juvenile or is reckless in that 2,673
regard;
(c) Induce or cause a juvenile who is at least two years 2,675
the offender's junior to commit a felony drug abuse offense, when 2,677
the offender knows the age of the juvenile or is reckless in that 2,678
regard; 2,679
(d) Use a juvenile, whether or not the offender knows the 2,681
age of the juvenile, to perform any surveillance activity that is 2,682
intended to prevent the detection of the offender or any other 2,683
person in the commission of a felony drug abuse offense or to 2,684
63
prevent the arrest of the offender or any other person for the 2,685
commission of a felony drug abuse offense. 2,686
(B) Division (A)(1), (3), or (4) of this section does not 2,688
apply to manufacturers, wholesalers, licensed health 2,689
professionals authorized to prescribe drugs, pharmacists, owners 2,691
of pharmacies, and other persons whose conduct is in accordance 2,692
with Chapters 3719., 4715., 4729., 4731., and 4741. of the 2,693
Revised Code or section 4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting 2,695
another with drugs. The penalty for the offense shall be 2,696
determined as follows: 2,697
(1) Except as otherwise provided in this division, if the 2,699
drug involved is any compound, mixture, preparation, or substance 2,701
included in schedule I or II, with the exception of marihuana, 2,702
corrupting another with drugs is a felony of the second degree, 2,703
and, subject to division (E) of this section, the court shall 2,704
impose as a mandatory prison term one of the prison terms 2,706
prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance 2,707
included in schedule I or II, with the exception of marihuana, 2,708
and if the offense was committed in the vicinity of a school, 2,709
corrupting another with drugs is a felony of the first degree, 2,710
and, subject to division (E) of this section, the court shall 2,711
impose as a mandatory prison term one of the prison terms 2,712
prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the 2,714
drug involved is any compound, mixture, preparation, or substance 2,715
included in schedule III, IV, or V, corrupting another with drugs 2,716
is a felony of the second degree, and there is a presumption for 2,717
a prison term for the offense. If the drug involved is any 2,718
compound, mixture, preparation, or substance included in schedule 2,719
III, IV, or V and if the offense was committed in the vicinity of 2,720
a school, corrupting another with drugs is a felony of the second 2,721
degree, and the court shall impose as a mandatory prison term one 2,722
64
of the prison terms prescribed for a felony of the second degree. 2,723
(3) Except as otherwise provided in this division, if the 2,725
drug involved is marihuana, corrupting another with drugs is a 2,727
felony of the fourth degree, and division (C) of section 2929.13 2,728
of the Revised Code applies in determining whether to impose a 2,729
prison term on the offender. If the drug involved is marihuana 2,730
and if the offense was committed in the vicinity of a school, 2,731
corrupting another with drugs is a felony of the third degree, 2,732
and division (C) of section 2929.13 of the Revised Code applies 2,733
in determining whether to impose a prison term on the offender. 2,734
(D) In addition to any prison term authorized or required 2,736
by division (C) or (E) of this section and sections 2929.13 and 2,737
2929.14 of the Revised Code and in addition to any other sanction 2,738
imposed for the offense under this section or sections 2929.11 to 2,739
2929.18 of the Revised Code, the court that sentences an offender 2,741
who is convicted of or pleads guilty to a violation of division 2,742
(A) of this section or the clerk of that court shall do all of 2,743
the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 2,746
or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of 2,747
section 2929.18 of the Revised Code unless, as specified in that 2,748
division, the court determines that the offender is indigent. 2,749
(b) Notwithstanding any contrary provision of section 2,751
3719.21 of the Revised Code, any mandatory fine imposed pursuant 2,753
to division (D)(1)(a) of this section and any fine imposed for a 2,754
violation of this section pursuant to division (A) of section 2,755
2929.18 of the Revised Code shall be paid by the clerk of the 2,756
court in accordance with and subject to the requirements of, and 2,757
shall be used as specified in, division (F) of section 2925.03 of 2,758
the Revised Code.
(c) If a person is charged with any violation of this 2,760
section that is a felony of the first, second, or third degree, 2,762
posts bail, and forfeits the bail, the forfeited bail shall be
65
paid by the clerk of the court pursuant to division (D)(1)(b) of 2,763
this section as if it were a fine imposed for a violation of this 2,765
section.
(2) The court either shall revoke or, if it does not 2,768
revoke, shall suspend for not less than six months or more than 2,769
five years, the driver's or commercial driver's license or permit 2,770
of any person who is convicted of or pleads guilty to a violation 2,771
of this section that is a felony of the first degree and shall 2,772
suspend for not less than six months nor more than five years the 2,773
driver's or commercial driver's license or permit of any person 2,774
who is convicted of or pleads guilty to any other violation of 2,775
this section. If an offender's driver's or commercial driver's 2,776
license or permit is revoked pursuant to this division, the 2,777
offender, at any time after the expiration of two years from the 2,778
day on which the offender's sentence was imposed or from the day 2,779
on which the offender finally was released from a prison term 2,780
under the sentence, whichever is later, may file a motion with 2,781
the sentencing court requesting termination of the revocation. 2,782
Upon the filing of the motion and the court's finding of good 2,784
cause for the termination, the court may terminate the 2,785
revocation.
(3) If the offender is a professionally licensed person or 2,787
a person who has been admitted to the bar by order of the supreme 2,788
court in compliance with its prescribed and published rules, in 2,789
addition to any other sanction imposed for a violation of this 2,790
section, the court forthwith shall comply with section 2925.38 of 2,791
the Revised Code. 2,792
(E) Notwithstanding the prison term otherwise authorized 2,794
or required for the offense under division (C) of this section 2,795
and sections 2929.13 and 2929.14 of the Revised Code, if the 2,796
violation of division (A) of this section involves the sale, 2,798
offer to sell, or possession of a schedule I or II controlled 2,800
substance, with the exception of marihuana, and if the COURT 2,802
IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a 2,803
66
result of the violation, is a major drug offender AND IS GUILTY 2,804
OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF 2,805
THE REVISED CODE, the court, in lieu of the prison term that 2,806
otherwise is authorized or required, shall impose upon the 2,808
offender the mandatory prison term specified in division 2,809
(D)(3)(a) of section 2929.14 of the Revised Code and may impose 2,810
an additional prison term under division (D)(3)(b) of that 2,811
section.
Sec. 2925.03. (A) No person shall knowingly sell or offer 2,820
to sell a controlled substance. 2,821
(B) This section does not apply to any of the following: 2,823
(1) Manufacturers, licensed health professionals 2,825
authorized to prescribe drugs, pharmacists, owners of pharmacies, 2,827
and other persons whose conduct is in accordance with Chapters 2,828
3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the 2,829
Revised Code;
(2) If the offense involves an anabolic steroid, any 2,831
person who is conducting or participating in a research project 2,832
involving the use of an anabolic steroid if the project has been 2,833
approved by the United States food and drug administration; 2,834
(3) Any person who sells, offers for sale, prescribes, 2,836
dispenses, or administers for livestock or other nonhuman species 2,837
an anabolic steroid that is expressly intended for administration 2,838
through implants to livestock or other nonhuman species and 2,839
approved for that purpose under the "Federal Food, Drug, and 2,840
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 2,841
and is sold, offered for sale, prescribed, dispensed, or 2,842
administered for that purpose in accordance with that act. 2,843
(C) Whoever violates division (A) of this section is 2,845
guilty of one of the following: 2,846
(1) If the drug involved in the violation is any compound, 2,849
mixture, preparation, or substance included in schedule I or 2,850
schedule II, with the exception of marihuana, cocaine, L.S.D., 2,851
heroin, and hashish, whoever violates division (A) of this 2,853
67
section is guilty of aggravated trafficking in drugs. The 2,854
penalty for the offense shall be determined as follows: 2,855
(a) Except as otherwise provided in division (C)(1)(b), 2,858
(c), (d), (e), or (f) of this section, aggravated trafficking in 2,859
drugs is a felony of the fourth degree, and division (C) of 2,861
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 2,863
(b) Except as otherwise provided in division (C)(1)(c), 2,866
(d), (e), or (f) of this section, if the offense was committed in 2,867
the vicinity of a school or in the vicinity of a juvenile, 2,868
aggravated trafficking in drugs is a felony of the third degree, 2,869
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 2,870
(c) Except as otherwise provided in this division, if the 2,872
amount of the drug involved EQUALS OR exceeds the bulk amount but 2,874
does not exceed IS LESS THAN five times the bulk amount, 2,875
aggravated trafficking in drugs is a felony of the third degree, 2,877
and the court shall impose as a mandatory prison term one of the 2,878
prison terms prescribed for a felony of the third degree. If the 2,879
amount of the drug involved is within that range and if the 2,880
offense was committed in the vicinity of a school or in the 2,881
vicinity of a juvenile, aggravated trafficking in drugs is a 2,882
felony of the second degree, and the court shall impose as a 2,883
mandatory prison term one of the prison terms prescribed for a 2,884
felony of the second degree.
(d) Except as otherwise provided in this division, if the 2,886
amount of the drug involved EQUALS OR exceeds five times the bulk 2,888
amount but does not exceed IS LESS THAN fifty times the bulk 2,889
amount, aggravated trafficking in drugs is a felony of the second 2,890
degree, and the court shall impose as a mandatory prison term one 2,891
of the prison terms prescribed for a felony of the second degree. 2,892
If the amount of the drug involved is within that range and if 2,893
the offense was committed in the vicinity of a school or in the 2,894
vicinity of a juvenile, aggravated trafficking in drugs is a 2,895
68
felony of the first degree, and the court shall impose as a 2,896
mandatory prison term one of the prison terms prescribed for a 2,897
felony of the first degree. 2,898
(e) If the amount of the drug involved EQUALS OR exceeds 2,900
fifty times the bulk amount but does not exceed IS LESS THAN one 2,901
hundred times the bulk amount and regardless of whether the 2,903
offense was committed in the vicinity of a school or in the 2,904
vicinity of a juvenile, aggravated trafficking in drugs is a 2,905
felony of the first degree, and the court shall impose as a 2,906
mandatory prison term one of the prison terms prescribed for a 2,907
felony of the first degree. 2,908
(f) If the amount of the drug involved EQUALS OR exceeds 2,910
one hundred times the bulk amount and regardless of whether the 2,911
offense was committed in the vicinity of a school or in the 2,912
vicinity of a juvenile, aggravated trafficking in drugs is a 2,913
felony of the first degree, THE OFFENDER IS A MAJOR DRUG 2,915
OFFENDER, and the court shall impose as a mandatory prison term 2,916
the maximum prison term prescribed for a felony of the first 2,917
degree and may impose an additional prison term prescribed for a 2,918
major drug offender under division (D)(3)(b) of section 2929.14 2,919
of the Revised Code. 2,920
(2) If the drug involved in the violation is any compound, 2,923
mixture, preparation, or substance included in schedule III, IV, 2,924
or V, whoever violates division (A) of this section is guilty of 2,925
trafficking in drugs. The penalty for the offense shall be 2,926
determined as follows: 2,927
(a) Except as otherwise provided in division (C)(2)(b), 2,930
(c), (d), or (e) of this section, trafficking in drugs is a 2,932
felony of the fifth degree, and division (C) of section 2929.13 2,933
of the Revised Code applies in determining whether to impose a 2,934
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 2,937
(d), or (e) of this section, if the offense was committed in the 2,938
vicinity of a school or in the vicinity of a juvenile, 2,939
69
trafficking in drugs is a felony of the fourth degree, and 2,940
division (C) of section 2929.13 of the Revised Code applies in 2,941
determining whether to impose a prison term on the offender. 2,943
(c) Except as otherwise provided in this division, if the 2,945
amount of the drug involved EQUALS OR exceeds the bulk amount but 2,947
does not exceed IS LESS THAN five times the bulk amount, 2,948
trafficking in drugs is a felony of the fourth degree, and there 2,950
is a presumption for a prison term for the offense. If the 2,951
amount of the drug involved is within that range and if the 2,952
offense was committed in the vicinity of a school or in the 2,953
vicinity of a juvenile, trafficking in drugs is a felony of the 2,954
third degree, and there is a presumption for a prison term for 2,955
the offense.
(d) Except as otherwise provided in this division, if the 2,957
amount of the drug involved EQUALS OR exceeds five times the bulk 2,959
amount but does not exceed IS LESS THAN fifty times the bulk 2,961
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 2,963
amount of the drug involved is within that range and if the 2,964
offense was committed in the vicinity of a school or in the 2,965
vicinity of a juvenile, trafficking in drugs is a felony of the 2,966
second degree, and there is a presumption for a prison term for 2,967
the offense.
(e) Except as otherwise provided in this division, if the 2,969
amount of the drug involved EQUALS OR exceeds fifty times the 2,971
bulk amount, trafficking in drugs is a felony of the second
degree, and the court shall impose as a mandatory prison term one 2,973
of the prison terms prescribed for a felony of the second degree. 2,974
If the amount of the drug involved EQUALS OR exceeds fifty times 2,975
the bulk amount and if the offense was committed in the vicinity 2,977
of a school or in the vicinity of a juvenile, trafficking in 2,978
drugs is a felony of the first degree, and the court shall impose 2,979
as a mandatory prison term one of the prison terms prescribed for 2,980
a felony of the first degree. 2,981
70
(3) If the drug involved in the violation is marihuana or 2,983
a compound, mixture, preparation, or substance containing 2,984
marihuana other than hashish, whoever violates division (A) of 2,986
this section is guilty of trafficking in marihuana. The penalty 2,987
for the offense shall be determined as follows: 2,988
(a) Except as otherwise provided in division (C)(3)(b), 2,991
(c), (d), (e), (f), or (g) of this section, trafficking in 2,992
marihuana is a felony of the fifth degree, and division (C) of 2,995
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 2,996
(b) Except as otherwise provided in division (C)(3)(c), 2,999
(d), (e), (f), or (g) of this section, if the offense was 3,001
committed in the vicinity of a school or in the vicinity of a 3,002
juvenile, trafficking in marihuana is a felony of the fourth 3,003
degree, and division (C) of section 2929.13 of the Revised Code 3,004
applies in determining whether to impose a prison term on the 3,005
offender.
(c) Except as otherwise provided in this division, if the 3,007
amount of the drug involved EQUALS OR exceeds two hundred grams 3,009
but does not exceed IS LESS THAN one thousand grams, trafficking 3,010
in marihuana is a felony of the fourth degree, and division (C) 3,012
of section 2929.13 of the Revised Code applies in determining 3,013
whether to impose a prison term on the offender. If the amount 3,014
of the drug involved is within that range and if the offense was 3,015
committed in the vicinity of a school or in the vicinity of a 3,016
juvenile, trafficking in marihuana is a felony of the third 3,017
degree, and division (C) of section 2929.13 of the Revised Code 3,018
applies in determining whether to impose a prison term on the 3,020
offender.
(d) Except as otherwise provided in this division, if the 3,022
amount of the drug involved EQUALS OR exceeds one thousand grams 3,024
but does not exceed IS LESS THAN five thousand grams, trafficking 3,025
in marihuana is a felony of the third degree, and division (C) of 3,027
section 2929.13 of the Revised Code applies in determining 3,029
71
whether to impose a prison term on the offender. If the amount
of the drug involved is within that range and if the offense was 3,031
committed in the vicinity of a school or in the vicinity of a 3,032
juvenile, trafficking in marihuana is a felony of the second 3,033
degree, and there is a presumption that a prison term shall be 3,034
imposed for the offense.
(e) Except as otherwise provided in this division, if the 3,036
amount of the drug involved EQUALS OR exceeds five thousand grams 3,038
but does not exceed IS LESS THAN twenty thousand grams, 3,039
trafficking in marihuana is a felony of the third degree, and 3,041
there is a presumption that a prison term shall be imposed for 3,042
the offense. If the amount of the drug involved is within that 3,043
range and if the offense was committed in the vicinity of a 3,044
school or in the vicinity of a juvenile, trafficking in marihuana 3,045
is a felony of the second degree, and there is a presumption that 3,046
a prison term shall be imposed for the offense. 3,047
(f) Except as otherwise provided in this division, if the 3,049
amount of the drug involved EQUALS OR exceeds twenty thousand 3,051
grams, trafficking in marihuana is a felony of the second degree, 3,052
and the court shall impose as a mandatory prison term the maximum 3,053
prison term prescribed for a felony of the second degree. If the 3,054
amount of the drug involved EQUALS OR exceeds twenty thousand 3,055
grams and if the offense was committed in the vicinity of a 3,057
school or in the vicinity of a juvenile, trafficking in marihuana 3,058
is a felony of the first degree, and the court shall impose as a 3,059
mandatory prison term the maximum prison term prescribed for a 3,060
felony of the first degree. 3,061
(g) Except as otherwise provided in this division, if the 3,064
offense involves a gift of twenty grams or less of marihuana, 3,065
trafficking in marihuana is a minor misdemeanor upon a first 3,066
offense and a misdemeanor of the third degree upon a subsequent 3,067
offense. If the offense involves a gift of twenty grams or less 3,068
of marihuana and if the offense was committed in the vicinity of 3,069
a school or in the vicinity of a juvenile, trafficking in 3,070
72
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 3,072
compound, mixture, preparation, or substance containing cocaine, 3,073
whoever violates division (A) of this section is guilty of 3,075
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 3,076
(a) Except as otherwise provided in division (C)(4)(b), 3,079
(c), (d), (e), (f), or (g) of this section, trafficking in 3,080
cocaine is a felony of the fifth degree, and division (C) of 3,082
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 3,084
(b) Except as otherwise provided in division (C)(4)(c), 3,087
(d), (e), (f), or (g) of this section, if the offense was 3,088
committed in the vicinity of a school or in the vicinity of a 3,090
juvenile, trafficking in cocaine is a felony of the fourth 3,091
degree, and division (C) of section 2929.13 of the Revised Code 3,092
applies in determining whether to impose a prison term on the 3,094
offender.
(c) Except as otherwise provided in this division, if the 3,096
amount of the drug involved EQUALS OR exceeds five grams but does 3,097
not exceed IS LESS THAN ten grams of cocaine that is not crack 3,100
cocaine or EQUALS OR exceeds one gram but does not exceed IS LESS 3,101
THAN five grams of crack cocaine, trafficking in cocaine is a 3,102
felony of the fourth degree, and there is a presumption for a 3,103
prison term for the offense. If the amount of the drug involved 3,104
is within one of those ranges and if the offense was committed in 3,105
the vicinity of a school or in the vicinity of a juvenile, 3,106
trafficking in cocaine is a felony of the third degree, and there 3,107
is a presumption for a prison term for the offense. 3,108
(d) Except as otherwise provided in this division, if the 3,110
amount of the drug involved EQUALS OR exceeds ten grams but does 3,111
not exceed IS LESS THAN one hundred grams of cocaine that is not 3,113
crack cocaine or EQUALS OR exceeds five grams but does not exceed 3,115
IS LESS THAN ten grams of crack cocaine, trafficking in cocaine 3,116
73
is a felony of the third degree, and the court shall impose as a 3,117
mandatory prison term one of the prison terms prescribed for a 3,118
felony of the third degree. If the amount of the drug involved 3,119
is within one of those ranges and if the offense was committed in 3,121
the vicinity of a school or in the vicinity of a juvenile, 3,122
trafficking in cocaine is a felony of the second degree, and the 3,125
court shall impose as a mandatory prison term one of the prison 3,126
terms prescribed for a felony of the second degree. 3,127
(e) Except as otherwise provided in this division, if the 3,129
amount of the drug involved EQUALS OR exceeds one hundred grams 3,130
but does not exceed IS LESS THAN five hundred grams of cocaine 3,132
that is not crack cocaine or EQUALS OR exceeds ten grams but does 3,134
not exceed IS LESS THAN twenty-five grams of crack cocaine, 3,135
trafficking in cocaine is a felony of the second degree, and the 3,137
court shall impose as a mandatory prison term one of the prison 3,138
terms prescribed for a felony of the second degree. If the 3,139
amount of the drug involved is within one of those ranges and if 3,141
the offense was committed in the vicinity of a school or in the 3,142
vicinity of a juvenile, trafficking in cocaine is a felony of the 3,145
first degree, and the court shall impose as a mandatory prison 3,146
term one of the prison terms prescribed for a felony of the first 3,147
degree.
(f) If the amount of the drug involved EQUALS OR exceeds 3,149
five hundred grams but does not exceed IS LESS THAN one thousand 3,150
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 3,153
twenty-five grams but does not exceed IS LESS THAN one hundred 3,154
grams of crack cocaine and regardless of whether the offense was 3,156
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in cocaine is a felony of the first degree, 3,159
and the court shall impose as a mandatory prison term one of the 3,160
prison terms prescribed for a felony of the first degree. 3,161
(g) If the amount of the drug involved EQUALS OR exceeds 3,163
one thousand grams of cocaine that is not crack cocaine or EQUALS 3,165
OR exceeds one hundred grams of crack cocaine and regardless of 3,167
74
whether the offense was committed in the vicinity of a school or 3,168
in the vicinity of a juvenile, trafficking in cocaine is a felony 3,169
of the first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and 3,171
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may 3,172
impose an additional mandatory prison term prescribed for a major 3,173
drug offender under division (D)(3)(b) of section 2929.14 of the 3,175
Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 3,178
compound, mixture, preparation, or substance containing L.S.D., 3,179
whoever violates division (A) of this section is guilty of 3,180
trafficking in L.S.D. The penalty for the offense shall be 3,182
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 3,185
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 3,187
is a felony of the fifth degree, and division (C) of section 3,188
2929.13 of the Revised Code applies in determining whether to 3,190
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 3,193
(d), (e), (f), or (g) of this section, if the offense was 3,194
committed in the vicinity of a school or in the vicinity of a 3,195
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 3,197
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 3,198
(c) Except as otherwise provided in this division, if the 3,200
amount of the drug involved EQUALS OR exceeds ten unit doses but 3,202
does not exceed IS LESS THAN fifty unit doses of L.S.D. in a 3,203
solid form or EQUALS OR exceeds one gram but does not exceed IS 3,205
LESS THAN five grams of L.S.D. in a liquid concentrate, liquid 3,206
extract, or liquid distillate form, trafficking in L.S.D. is a 3,209
felony of the fourth degree, and there is a presumption for a 3,210
prison term for the offense. If the amount of the drug involved 3,211
is within that range and if the offense was committed in the 3,212
vicinity of a school or in the vicinity of a juvenile, 3,213
75
trafficking in L.S.D. is a felony of the third degree, and there 3,215
is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the 3,217
amount of the drug involved EQUALS OR exceeds fifty unit doses 3,219
but does not exceed IS LESS THAN two hundred fifty unit doses of 3,221
L.S.D. in a solid form or EQUALS OR exceeds five grams but does 3,222
not exceed IS LESS THAN twenty-five grams of L.S.D. in a liquid 3,223
concentrate, liquid extract, or liquid distillate form, 3,225
trafficking in L.S.D. is a felony of the third degree, and the 3,229
court shall impose as a mandatory prison term one of the prison 3,230
terms prescribed for a felony of the third degree. If the amount 3,231
of the drug involved is within that range and if the offense was 3,232
committed in the vicinity of a school or in the vicinity of a 3,233
juvenile, trafficking in L.S.D. is a felony of the second degree, 3,234
and the court shall impose as a mandatory prison term one of the 3,235
prison terms prescribed for a felony of the second degree. 3,236
(e) Except as otherwise provided in this division, if the 3,238
amount of the drug involved EQUALS OR exceeds two hundred fifty 3,240
unit doses but does not exceed IS LESS THAN one thousand unit 3,242
doses of L.S.D. in a solid form or EQUALS OR exceeds twenty-five 3,243
grams but does not exceed IS LESS THAN one hundred grams of 3,245
L.S.D. in a liquid concentrate, liquid extract, or liquid 3,247
distillate form, trafficking in L.S.D. is a felony of the second 3,249
degree, and the court shall impose as a mandatory prison term one 3,250
of the prison terms prescribed for a felony of the second degree. 3,251
If the amount of the drug involved is within that range and if 3,252
the offense was committed in the vicinity of a school or in the 3,253
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 3,255
first degree, and the court shall impose as a mandatory prison 3,256
term one of the prison terms prescribed for a felony of the first 3,257
degree.
(f) If the amount of the drug involved EQUALS OR exceeds 3,259
one thousand unit doses but does not exceed IS LESS THAN five 3,260
thousand unit doses of L.S.D. in a solid form or EQUALS OR 3,263
76
exceeds one hundred grams but does not exceed IS LESS THAN five 3,265
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 3,267
or liquid distillate form and regardless of whether the offense 3,268
was committed in the vicinity of a school or in the vicinity of a 3,269
juvenile, trafficking in L.S.D. is a felony of the first degree, 3,271
and the court shall impose as a mandatory prison term one of the 3,272
prison terms prescribed for a felony of the first degree. 3,273
(g) If the amount of the drug involved EQUALS OR exceeds 3,275
five thousand unit doses of L.S.D. in a solid form or EQUALS OR 3,277
exceeds five hundred grams of L.S.D. in a liquid concentrate, 3,279
liquid extract, or liquid distillate form and regardless of 3,282
whether the offense was committed in the vicinity of a school or 3,283
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 3,286
of the first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and 3,287
the court shall impose as a mandatory prison term the maximum 3,288
prison term prescribed for a felony of the first degree and may 3,289
impose an additional mandatory prison term prescribed for a major 3,290
drug offender under division (D)(3)(b) of section 2929.14 of the 3,292
Revised Code.
(6) If the drug involved in the violation is heroin or a 3,294
compound, mixture, preparation, or substance containing heroin, 3,295
whoever violates division (A) of this section is guilty of 3,297
trafficking in heroin. The penalty for the offense shall be
determined as follows: 3,298
(a) Except as otherwise provided in division (C)(6)(b), 3,301
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 3,303
is a felony of the fifth degree, and division (C) of section 3,304
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 3,306
(b) Except as otherwise provided in division (C)(6)(c), 3,309
(d), (e), (f), or (g) of this section, if the offense was 3,310
committed in the vicinity of a school or in the vicinity of a 3,313
juvenile, trafficking in heroin is a felony of the fourth degree, 3,314
and division (C) of section 2929.13 of the Revised Code applies 3,316
77
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 3,318
amount of the drug involved EQUALS OR EXCEEDS TEN UNIT DOSES BUT 3,319
IS LESS THAN FIFTY UNIT DOSES OR EQUALS OR exceeds one gram but 3,321
does not exceed IS LESS THAN five grams, trafficking in heroin is 3,322
a felony of the fourth degree, and there is a presumption for a 3,324
prison term for the offense. If the amount of the drug involved 3,325
is within that range and if the offense was committed in the 3,326
vicinity of a school or in the vicinity of a juvenile, 3,327
trafficking in heroin is a felony of the third degree, and there 3,328
is a presumption for a prison term for the offense. 3,329
(d) Except as otherwise provided in this division, if the 3,331
amount of the drug involved EQUALS OR EXCEEDS FIFTY UNIT DOSES 3,332
BUT IS LESS THAN ONE HUNDRED UNIT DOSES OR EQUALS OR exceeds five 3,333
grams but does not exceed IS LESS THAN ten grams, trafficking in 3,334
heroin is a felony of the third degree, and there is a 3,337
presumption for a prison term for the offense. If the amount of 3,338
the drug involved is within that range and if the offense was 3,339
committed in the vicinity of a school or in the vicinity of a 3,340
juvenile, trafficking in heroin is a felony of the second degree, 3,341
and there is a presumption for a prison term for the offense. 3,342
(e) Except as otherwise provided in this division, if the 3,344
amount of the drug involved EQUALS OR EXCEEDS ONE HUNDRED UNIT 3,345
DOSES BUT IS LESS THAN FIVE HUNDRED UNIT DOSES OR EQUALS OR 3,346
exceeds ten grams but does not exceed IS LESS THAN fifty grams, 3,347
trafficking in heroin is a felony of the second degree, and the 3,350
court shall impose as a mandatory prison term one of the prison 3,351
terms prescribed for a felony of the second degree. If the 3,352
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 3,353
vicinity of a juvenile, trafficking in heroin is a felony of the 3,354
first degree, and the court shall impose as a mandatory prison 3,355
term one of the prison terms prescribed for a felony of the first 3,356
degree. 3,357
78
(f) If the amount of the drug involved EQUALS OR EXCEEDS 3,359
FIVE HUNDRED UNIT DOSES BUT IS LESS THAN TWO THOUSAND FIVE 3,360
HUNDRED UNIT DOSES OR EQUALS OR exceeds fifty grams but does not 3,362
exceed IS LESS THAN two hundred fifty grams and regardless of 3,363
whether the offense was committed in the vicinity of a school or 3,364
in the vicinity of a juvenile, trafficking in heroin is a felony 3,366
of the first degree, and the court shall impose as a mandatory 3,367
prison term one of the prison terms prescribed for a felony of 3,368
the first degree.
(g) If the amount of the drug involved EQUALS OR EXCEEDS 3,370
TWO THOUSAND FIVE HUNDRED UNIT DOSES OR EQUALS OR exceeds two 3,372
hundred fifty grams and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a 3,373
juvenile, trafficking in heroin is a felony of the first degree, 3,375
THE OFFENDER IS A MAJOR DRUG OFFENDER, and the court shall impose 3,376
as a mandatory prison term the maximum prison term prescribed for 3,377
a felony of the first degree and may impose an additional 3,378
mandatory prison term prescribed for a major drug offender under 3,379
division (D)(3)(b) of section 2929.14 of the Revised Code. 3,381
(7) If the drug involved in the violation is hashish or a 3,383
compound, mixture, preparation, or substance containing hashish, 3,384
whoever violates division (A) of this section is guilty of 3,386
trafficking in hashish. The penalty for the offense shall be
determined as follows: 3,387
(a) Except as otherwise provided in division (C)(7)(b), 3,390
(c), (d), (e), or (f) of this section, trafficking in hashish is 3,392
a felony of the fifth degree, and division (C) of section 2929.13 3,393
of the Revised Code applies in determining whether to impose a 3,395
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 3,398
(d), (e), or (f) of this section, if the offense was committed in 3,399
the vicinity of a school or in the vicinity of a juvenile, 3,401
trafficking in hashish is a felony of the fourth degree, and 3,402
division (C) of section 2929.13 of the Revised Code applies in 3,403
79
determining whether to impose a prison term on the offender. 3,404
(c) Except as otherwise provided in this division, if the 3,406
amount of the drug involved EQUALS OR exceeds ten grams but does 3,407
not exceed IS LESS THAN fifty grams of hashish in a solid form or 3,409
EQUALS OR exceeds two grams but does not exceed IS LESS THAN ten 3,410
grams of hashish in a liquid concentrate, liquid extract, or 3,411
liquid distillate form, trafficking in hashish is a felony of the 3,412
fourth degree, and division (C) of section 2929.13 of the Revised 3,413
Code applies in determining whether to impose a prison term on 3,414
the offender. If the amount of the drug involved is within that 3,415
range and if the offense was committed in the vicinity of a 3,416
school or in the vicinity of a juvenile, trafficking in hashish 3,417
is a felony of the third degree, and division (C) of section 3,418
2929.13 of the Revised Code applies in determining whether to 3,420
impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 3,422
amount of the drug involved EQUALS OR exceeds fifty grams but 3,423
does not exceed IS LESS THAN two hundred fifty grams of hashish 3,425
in a solid form or EQUALS OR exceeds ten grams but does not 3,426
exceed IS LESS THAN fifty grams of hashish in a liquid 3,427
concentrate, liquid extract, or liquid distillate form, 3,428
trafficking in hashish is a felony of the third degree, and 3,430
division (C) of section 2929.13 of the Revised Code applies in 3,431
determining whether to impose a prison term on the offender. If 3,432
the amount of the drug involved is within that range and if the 3,434
offense was committed in the vicinity of a school or in the 3,435
vicinity of a juvenile, trafficking in hashish is a felony of the 3,436
second degree, and there is a presumption that a prison term 3,437
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 3,439
amount of the drug involved EQUALS OR exceeds two hundred fifty 3,440
grams but does not exceed IS LESS THAN one thousand grams of 3,442
hashish in a solid form or EQUALS OR exceeds fifty grams but does 3,443
not exceed IS LESS THAN two hundred grams of hashish in a liquid 3,444
80
concentrate, liquid extract, or liquid distillate form, 3,447
trafficking in hashish is a felony of the third degree, and there 3,448
is a presumption that a prison term shall be imposed for the 3,449
offense. If the amount of the drug involved is within that range 3,450
and if the offense was committed in the vicinity of a school or 3,451
in the vicinity of a juvenile, trafficking in hashish is a felony 3,452
of the second degree, and there is a presumption that a prison
term shall be imposed for the offense. 3,453
(f) Except as otherwise provided in this division, if the 3,455
amount of the drug involved EQUALS OR exceeds one thousand grams 3,457
of hashish in a solid form or EQUALS OR exceeds two hundred grams 3,458
of hashish in a liquid concentrate, liquid extract, or liquid 3,459
distillate form, trafficking in hashish is a felony of the second 3,461
degree, and the court shall impose as a mandatory prison term the 3,462
maximum prison term prescribed for a felony of the second degree. 3,463
If the amount of the drug involved exceeds one thousand grams of 3,465
hashish in a solid form or exceeds two hundred grams of hashish 3,467
in a liquid concentrate, liquid extract, or liquid distillate
form IS WITHIN THAT RANGE and if the offense was committed in the 3,469
vicinity of a school or in the vicinity of a juvenile, 3,470
trafficking in hashish is a felony of the first degree, and the 3,472
court shall impose as a mandatory prison term the maximum prison 3,473
term prescribed for a felony of the first degree.
(D) In addition to any prison term authorized or required 3,476
by division (C) of this section and sections 2929.13 and 2929.14 3,477
of the Revised Code, and in addition to any other sanction 3,478
imposed for the offense under this section or sections 2929.11 to 3,479
2929.18 of the Revised Code, the court that sentences an offender 3,480
who is convicted of or pleads guilty to a violation of division 3,481
(A) of this section shall do all of the following that are 3,483
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 3,486
felony of the first, second, or third degree, the court shall 3,487
impose upon the offender the mandatory fine specified for the 3,488
81
offense under division (B)(1) of section 2929.18 of the Revised 3,489
Code unless, as specified in that division, the court determines 3,490
that the offender is indigent. Except as otherwise provided in 3,491
division (H)(1) of this section, a mandatory fine or any other 3,492
fine imposed for a violation of this section is subject to 3,493
division (F) of this section. If a person is charged with a 3,494
violation of this section that is a felony of the first, second, 3,495
or third degree, posts bail, and forfeits the bail, the clerk of 3,496
the court shall pay the forfeited bail pursuant to divisions 3,498
(D)(1) and (F) of this section, as if the forfeited bail was a 3,499
fine imposed for a violation of this section. If any amount of 3,500
the forfeited bail remains after that payment and if a fine is 3,501
imposed under division (H)(1) of this section, the clerk of the 3,502
court shall pay the remaining amount of the forfeited bail 3,503
pursuant to divisions (H)(2) and (3) of this section, as if that 3,504
remaining amount was a fine imposed under division (H)(1) of this
section. 3,505
(2) The court shall revoke or suspend the driver's or 3,507
commercial driver's license or permit of the offender in 3,508
accordance with division (G) of this section. 3,509
(3) If the offender is a professionally licensed person or 3,512
a person who has been admitted to the bar by order of the supreme 3,513
court in compliance with its prescribed and published rules, the 3,514
court forthwith shall comply with section 2925.38 of the Revised 3,515
Code.
(E) When a person is charged with the sale of or offer to 3,518
sell a bulk amount or a multiple of a bulk amount of a controlled 3,519
substance, the jury, or the court trying the accused, shall 3,521
determine the amount of the controlled substance involved at the 3,522
time of the offense and, if a guilty verdict is returned, shall 3,523
return the findings as part of the verdict. In any such case, it 3,524
is unnecessary to find and return the exact amount of the 3,525
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 3,526
82
controlled substance involved is the requisite amount, or that 3,528
the amount of the controlled substance involved is less than the 3,529
requisite amount. 3,530
(F)(1) Notwithstanding any contrary provision of section 3,532
3719.21 of the Revised Code and except as provided in division 3,533
(H) of this section, the clerk of the court shall pay any 3,534
mandatory fine imposed pursuant to division (D)(1) of this 3,535
section and any fine other than a mandatory fine that is imposed 3,536
for a violation of this section pursuant to division (A) or 3,537
(B)(5) of section 2929.18 of the Revised Code to the county, 3,539
township, municipal corporation, park district, as created 3,540
pursuant to section 511.18 or 1545.04 of the Revised Code, or 3,541
state law enforcement agencies in this state that primarily were 3,542
responsible for or involved in making the arrest of, and in 3,543
prosecuting, the offender. However, the clerk shall not pay a 3,544
mandatory fine so imposed to a law enforcement agency unless the 3,545
agency has adopted a written internal control policy under 3,546
division (F)(2) of this section that addresses the use of the 3,548
fine moneys that it receives. Each agency shall use the 3,550
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 3,552
written internal control policy adopted by the recipient agency 3,553
under division (F)(2) of this section. 3,554
(2)(a) Prior to receiving any fine moneys under division 3,556
(F)(1) of this section or division (B)(5) of section 2925.42 of 3,557
the Revised Code, a law enforcement agency shall adopt a written 3,558
internal control policy that addresses the agency's use and 3,559
disposition of all fine moneys so received and that provides for 3,560
the keeping of detailed financial records of the receipts of 3,561
those fine moneys, the general types of expenditures made out of 3,562
those fine moneys, and the specific amount of each general type 3,563
of expenditure. The policy shall not provide for or permit the 3,564
identification of any specific expenditure that is made in an 3,565
ongoing investigation. All financial records of the receipts of 3,566
83
those fine moneys, the general types of expenditures made out of 3,567
those fine moneys, and the specific amount of each general type 3,568
of expenditure by an agency are public records open for 3,569
inspection under section 149.43 of the Revised Code. 3,570
Additionally, a written internal control policy adopted under 3,571
this division is such a public record, and the agency that 3,572
adopted it shall comply with it. 3,573
(b) Each law enforcement agency that receives in any 3,575
calendar year any fine moneys under division (F)(1) of this 3,576
section or division (B)(5) of section 2925.42 of the Revised Code 3,577
shall prepare a report covering the calendar year that cumulates 3,578
all of the information contained in all of the public financial 3,579
records kept by the agency pursuant to division (F)(2)(a) of this 3,580
section for that calendar year, and shall send a copy of the 3,581
cumulative report, no later than the first day of March in the 3,582
calendar year following the calendar year covered by the report, 3,583
to the attorney general. Each report received by the attorney 3,584
general is a public record open for inspection under section 3,585
149.43 of the Revised Code. Not later than the fifteenth day of 3,587
April in the calendar year in which the reports are received, the 3,588
attorney general shall send to the president of the senate and 3,590
the speaker of the house of representatives a written 3,591
notification that does all of the following:
(i) Indicates that the attorney general has received from 3,593
law enforcement agencies reports of the type described in this 3,594
division that cover the previous calendar year and indicates that 3,597
the reports were received under this division; 3,598
(ii) Indicates that the reports are open for inspection 3,601
under section 149.43 of the Revised Code; 3,602
(iii) Indicates that the attorney general will provide a 3,605
copy of any or all of the reports to the president of the senate 3,606
or the speaker of the house of representatives upon request. 3,607
(3) As used in division (F) of this section: 3,610
(a) "Law enforcement agencies" includes, but is not 3,612
84
limited to, the state board of pharmacy and the office of a 3,613
prosecutor. 3,614
(b) "Prosecutor" has the same meaning as in section 3,616
2935.01 of the Revised Code. 3,617
(G) When required under division (D)(2) of this section, 3,621
the court either shall revoke or, if it does not revoke, shall 3,622
suspend for not less than six months or more than five years, the 3,623
driver's or commercial driver's license or permit of any person 3,625
who is convicted of or pleads guilty to a violation of this 3,627
section that is a felony of the first degree and shall suspend 3,628
for not less than six months or more than five years the driver's 3,630
or commercial driver's license or permit of any person who is 3,632
convicted of or pleads guilty to any other violation of this 3,633
section. If an offender's driver's or commercial driver's 3,634
license or permit is revoked pursuant to this division, the 3,636
offender, at any time after the expiration of two years from the 3,637
day on which the offender's sentence was imposed or from the day 3,638
on which the offender finally was released from a prison term 3,641
under the sentence, whichever is later, may file a motion with 3,642
the sentencing court requesting termination of the revocation; 3,643
upon the filing of such a motion and the court's finding of good 3,644
cause for the termination, the court may terminate the 3,645
revocation.
(H)(1) In addition to any prison term authorized or 3,648
required by division (C) of this section and sections 2929.13 and 3,649
2929.14 of the Revised Code, in addition to any other penalty or 3,651
sanction imposed for the offense under this section or sections 3,652
2929.11 to 2929.181 2929.18 of the Revised Code, and in addition 3,653
to the forfeiture of property in connection with the offense as 3,654
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 3,656
the court that sentences an offender who is convicted of or 3,657
pleads guilty to a violation of division (A) of this section may 3,658
impose upon the offender an additional fine specified for the 3,659
offense in division (B)(4) of section 2929.18 of the Revised 3,661
85
Code. A fine imposed under division (H)(1) of this section is 3,663
not subject to division (F) of this section and shall be used 3,664
solely for the support of one or more eligible alcohol and drug 3,665
addiction programs in accordance with divisions (H)(2) and (3) of 3,666
this section.
(2) The court that imposes a fine under division (H)(1) of 3,669
this section shall specify in the judgment that imposes the fine 3,670
one or more eligible alcohol and drug addiction programs for the 3,671
support of which the fine money is to be used. No alcohol and 3,672
drug addiction program shall receive or use money paid or 3,673
collected in satisfaction of a fine imposed under division (H)(1) 3,675
of this section unless the program is specified in the judgment 3,676
that imposes the fine. No alcohol and drug addiction program 3,677
shall be specified in the judgment unless the program is an 3,678
eligible alcohol and drug addiction program and, except as 3,679
otherwise provided in division (H)(2) of this section, unless the 3,681
program is located in the county in which the court that imposes 3,682
the fine is located or in a county that is immediately contiguous 3,683
to the county in which that court is located. If no eligible 3,684
alcohol and drug addiction program is located in any of those 3,685
counties, the judgment may specify an eligible alcohol and drug 3,686
addiction program that is located anywhere within this state. 3,687
(3) Notwithstanding any contrary provision of section 3,689
3719.21 of the Revised Code, the clerk of the court shall pay any 3,691
fine imposed under division (H)(1) of this section to the 3,692
eligible alcohol and drug addiction program specified pursuant to 3,693
division (H)(2) of this section in the judgment. The eligible 3,694
alcohol and drug addiction program that receives the fine moneys 3,695
shall use the moneys only for the alcohol and drug addiction 3,696
services identified in the application for certification under 3,697
section 3793.06 of the Revised Code or in the application for a 3,698
license under section 3793.11 of the Revised Code filed with the 3,700
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 3,701
86
(4) Each alcohol and drug addiction program that receives 3,703
in a calendar year any fine moneys under division (H)(3) of this 3,705
section shall file an annual report covering that calendar year 3,706
with the court of common pleas and the board of county 3,707
commissioners of the county in which the program is located, with 3,708
the court of common pleas and the board of county commissioners 3,709
of each county from which the program received the moneys if that 3,710
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 3,711
addiction program shall file the report no later than the first 3,712
day of March in the calendar year following the calendar year in 3,714
which the program received the fine moneys. The report shall 3,715
include statistics on the number of persons served by the alcohol 3,716
and drug addiction program, identify the types of alcohol and 3,717
drug addiction services provided to those persons, and include a 3,718
specific accounting of the purposes for which the fine moneys 3,719
received were used. No information contained in the report shall 3,720
identify, or enable a person to determine the identity of, any 3,721
person served by the alcohol and drug addiction program. Each 3,722
report received by a court of common pleas, a board of county 3,723
commissioners, or the attorney general is a public record open 3,724
for inspection under section 149.43 of the Revised Code. 3,725
(5) As used in divisions (H)(1) to (5) of this section: 3,727
(a) "Alcohol and drug addiction program" and "alcohol and 3,730
drug addiction services" have the same meanings as in section 3,731
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 3,734
alcohol and drug addiction program that is certified under 3,735
section 3793.06 of the Revised Code or licensed under section 3,736
3793.11 of the Revised Code by the department of alcohol and drug 3,738
addiction services.
Sec. 2925.04. (A) No person shall knowingly cultivate 3,747
marihuana or knowingly manufacture or otherwise engage in any 3,748
part of the production of a controlled substance. 3,749
87
(B) This section does not apply to any person listed in 3,751
division (B)(1), (2), or (3) of section 2925.03 of the Revised 3,752
Code to the extent and under the circumstances described in those 3,753
divisions.
(C)(1) Whoever commits a violation of division (A) of this 3,756
section that involves any drug other than marihuana is guilty of
illegal manufacture of drugs, and whoever commits a violation of 3,757
division (A) of this section that involves marihuana is guilty of 3,758
illegal cultivation of marihuana. 3,759
(2) If the drug involved in the violation of division (A) 3,762
of this section is any compound, mixture, preparation, or 3,763
substance included in schedule I or II, with the exception of 3,764
marihuana, illegal manufacture of drugs is a felony of the second 3,765
degree, and, subject to division (E) of this section, the court 3,766
shall impose as a mandatory prison term one of the prison terms 3,767
prescribed for a felony of the second degree. 3,768
(3) If the drug involved in the violation of division (A) 3,771
of this section is any compound, mixture, preparation, or 3,772
substance included in schedule III, IV, or V, illegal manufacture 3,773
of drugs is a felony of the third degree, and there is a 3,774
presumption for a prison term for the offense. 3,775
(4) If the drug involved in the violation is marihuana, 3,777
the penalty for the offense shall be determined as follows: 3,778
(a) Except as otherwise provided in division (C)(4)(b), 3,781
(c), (d), (e), or (f) of this section, illegal cultivation of 3,782
marihuana is a minor misdemeanor. 3,783
(b) If the amount of marihuana involved equals or exceeds 3,786
one hundred grams but does not exceed IS LESS THAN two hundred 3,787
grams, illegal cultivation of marihuana is a misdemeanor of the 3,788
fourth degree. 3,789
(c) If the amount of marihuana involved EQUALS OR exceeds 3,791
two hundred grams but does not exceed IS LESS THAN one thousand 3,793
grams, illegal cultivation of marihuana is a felony of the fifth 3,794
degree, and division (B) of section 2929.13 of the Revised Code 3,795
88
applies in determining whether to impose a prison term on the 3,796
offender.
(d) If the amount of marihuana involved EQUALS OR exceeds 3,798
one thousand grams but does not exceed IS LESS THAN five thousand 3,800
grams, illegal cultivation of marihuana is a felony of the third 3,801
degree, and division (C) of section 2929.13 of the Revised Code 3,802
applies in determining whether to impose a prison term on the 3,804
offender.
(e) If the amount of marihuana involved EQUALS OR exceeds 3,806
five thousand grams but does not exceed IS LESS THAN twenty 3,807
thousand grams, illegal cultivation of marihuana is a felony of 3,809
the third degree, and there is a presumption for a prison term 3,810
for the offense.
(f) If the amount of marihuana involved EQUALS OR exceeds 3,812
twenty thousand grams, illegal cultivation of marihuana is a 3,813
felony of the second degree, and the court shall impose as a 3,814
mandatory prison term the maximum prison term prescribed for a 3,815
felony of the second degree. 3,816
(D) In addition to any prison term authorized or required 3,819
by division (C) or (E) of this section and sections 2929.13 and 3,820
2929.14 of the Revised Code and in addition to any other sanction 3,821
imposed for the offense under this section or sections 2929.11 to 3,822
2929.18 of the Revised Code, the court that sentences an offender 3,825
who is convicted of or pleads guilty to a violation of division 3,826
(A) of this section shall do all of the following that are 3,827
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 3,830
felony of the second or third degree, the court shall impose upon 3,831
the offender the mandatory fine specified for the offense under 3,832
division (B)(1) of section 2929.18 of the Revised Code unless, as 3,833
specified in that division, the court determines that the 3,834
offender is indigent. The clerk of the court shall pay a 3,835
mandatory fine or other fine imposed for a violation of this 3,836
section pursuant to division (A) of section 2929.18 of the 3,837
89
Revised Code in accordance with and subject to the requirements 3,838
of division (F) of section 2925.03 of the Revised Code. The 3,840
agency that receives the fine shall use the fine as specified in 3,841
division (F) of section 2925.03 of the Revised Code. If a person 3,842
is charged with a violation of this section that is a felony of 3,843
the second or third degree, posts bail, and forfeits the bail, 3,844
the clerk shall pay the forfeited bail as if the forfeited bail 3,845
were a fine imposed for a violation of this section. 3,846
(2) The court shall revoke or suspend the offender's 3,848
driver's or commercial driver's license or permit in accordance 3,849
with division (G) of section 2925.03 of the Revised Code. If an 3,851
offender's driver's or commercial driver's license or permit is 3,852
revoked in accordance with that division, the offender may 3,853
request termination of, and the court may terminate, the 3,854
revocation in accordance with that division. 3,855
(3) If the offender is a professionally licensed person or 3,858
a person who has been admitted to the bar by order of the supreme 3,859
court in compliance with its prescribed and published rules, the 3,860
court shall comply with section 2925.38 of the Revised Code. 3,861
(E) Notwithstanding the prison term otherwise authorized 3,864
or required for the offense under division (C) of this section 3,865
and sections 2929.13 and 2929.14 of the Revised Code, if the 3,866
violation of division (A) of this section involves the sale, 3,867
offer to sell, or possession of a schedule I or II controlled 3,868
substance, with the exception of marihuana, and if the COURT 3,869
IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a 3,871
result of the violation, is a major drug offender AND IS GUILTY
OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF 3,872
THE REVISED CODE, the court, in lieu of the prison term otherwise 3,873
authorized or required, shall impose upon the offender the 3,874
mandatory prison term specified in division (D)(3)(a) of section 3,876
2929.14 of the Revised Code and may impose an additional prison 3,877
term under division (D)(3)(b) of that section. 3,878
(F) It is an affirmative defense, as provided in section 3,881
90
2901.05 of the Revised Code, to a charge under this section for a 3,882
fifth degree felony violation of illegal cultivation of marihuana 3,884
that the marihuana that gave rise to the charge is in an amount, 3,885
is in a form, is prepared, compounded, or mixed with substances 3,886
that are not controlled substances in a manner, or is possessed 3,887
or cultivated under any other circumstances that indicate that 3,888
the marihuana was solely for personal use.
Notwithstanding any contrary provision of division (F) of 3,891
this section, if, in accordance with section 2901.05 of the 3,892
Revised Code, a person who is charged with a violation of illegal 3,895
cultivation of marihuana that is a felony of the fifth degree 3,896
sustains the burden of going forward with evidence of and 3,897
establishes by a preponderance of the evidence the affirmative 3,898
defense described in this division, the person may be prosecuted 3,899
for and may be convicted of or plead guilty to a misdemeanor 3,900
violation of illegal cultivation of marihuana. 3,901
(G) Arrest or conviction for a minor misdemeanor violation 3,904
of this section does not constitute a criminal record and need 3,905
not be reported by the person so arrested or convicted in 3,906
response to any inquiries about the person's criminal record, 3,907
including any inquiries contained in an application for 3,908
employment, a license, or any other right or privilege or made in 3,909
connection with the person's appearance as a witness. 3,910
Sec. 2925.05. (A) No person shall knowingly provide money 3,920
or other items of value to another person with the purpose that 3,921
the recipient of the money or items of value use them to obtain 3,922
any controlled substance for the purpose of selling or offering 3,923
to sell the controlled substance or for the purpose of violating 3,924
section 2925.04 of the Revised Code OR FOR THE PURPOSE OF SELLING 3,926
OR OFFERING TO SELL THE CONTROLLED SUBSTANCE IN THE FOLLOWING 3,927
AMOUNT:
(1) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS ANY 3,929
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE 3,931
I OR II, WITH THE EXCEPTION OF MARIHUANA, COCAINE, L.S.D., 3,934
91
HEROIN, AND HASHISH, OR SCHEDULE III, IV, OR V, AN AMOUNT OF THE 3,937
DRUG THAT EQUALS OR EXCEEDS THE BULK AMOUNT OF THE DRUG; 3,938
(2) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS 3,940
MARIHUANA OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE OTHER 3,942
THAN HASHISH CONTAINING MARIHUANA, AN AMOUNT OF THE MARIHUANA 3,943
THAT EQUALS OR EXCEEDS TWO HUNDRED GRAMS;
(3) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS COCAINE 3,945
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 3,946
COCAINE, AN AMOUNT OF THE COCAINE THAT EQUALS OR EXCEEDS FIVE 3,947
GRAMS IF THE COCAINE IS NOT CRACK COCAINE OR EQUALS OR EXCEEDS 3,948
ONE GRAM IF THE COCAINE IS CRACK COCAINE; 3,949
(4) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS L.S.D. 3,952
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 3,954
L.S.D., AN AMOUNT OF THE L.S.D. THAT EQUALS OR EXCEEDS TEN UNIT 3,957
DOSES IF THE L.S.D. IS IN A SOLID FORM OR EQUALS OR EXCEEDS ONE 3,959
GRAM IF THE L.S.D. IS IN A LIQUID CONCENTRATE, LIQUID EXTRACT, OR 3,961
LIQUID DISTILLATE FORM; 3,962
(5) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS HEROIN 3,964
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 3,965
HEROIN, AN AMOUNT OF THE HEROIN THAT EQUALS OR EXCEEDS TEN UNIT 3,966
DOSES OR EQUALS OR EXCEEDS ONE GRAM; 3,967
(6) IF THE DRUG TO BE SOLD OR OFFERED FOR SALE IS HASHISH 3,969
OR A COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING 3,970
HASHISH, AN AMOUNT OF THE HASHISH THAT EQUALS OR EXCEEDS TEN 3,971
GRAMS IF THE HASHISH IS IN A SOLID FORM OR EQUALS OR EXCEEDS TWO 3,972
GRAMS IF THE HASHISH IS IN A LIQUID CONCENTRATE, LIQUID EXTRACT, 3,973
OR LIQUID DISTILLATE FORM. 3,974
(B) This section does not apply to any person listed in 3,977
division (B)(1), (2), or (3) of section 2925.03 of the Revised 3,978
Code to the extent and under the circumstances described in those 3,979
divisions.
(C)(1) If the drug involved in the violation is any 3,982
compound, mixture, preparation, or substance included in schedule 3,983
I or II, with the exception of marihuana, whoever violates 3,984
92
division (A) of this section is guilty of aggravated funding of 3,985
drug trafficking, a felony of the first degree, and, subject to 3,986
division (E) of this section, the court shall impose as a 3,987
mandatory prison term one of the prison terms prescribed for a 3,988
felony of the first degree.
(2) If the drug involved in the violation is any compound, 3,991
mixture, preparation, or substance included in schedule III, IV, 3,992
or V, whoever violates division (A) of this section is guilty of 3,993
funding of drug trafficking, a felony of the second degree, and 3,994
the court shall impose as a mandatory prison term one of the 3,995
prison terms prescribed for a felony of the second degree. 3,996
(3) If the drug involved in the violation is marihuana, 3,998
whoever violates division (A) of this section is guilty of 4,000
funding of marihuana trafficking, a felony of the third degree, 4,001
and the court shall impose as a mandatory prison term one of the 4,002
prison terms prescribed for a felony of the third degree. 4,003
(D) In addition to any prison term authorized or required 4,006
by division (C) or (E) of this section and sections 2929.13 and 4,007
2929.14 of the Revised Code and in addition to any other sanction 4,008
imposed for the offense under this section or sections 2929.11 to 4,009
2929.18 of the Revised Code, the court that sentences an offender 4,011
who is convicted of or pleads guilty to a violation of division 4,012
(A) of this section shall do all of the following that are 4,013
applicable regarding the offender:
(1) The court shall impose the mandatory fine specified 4,015
for the offense under division (B)(1) of section 2929.18 of the 4,017
Revised Code unless, as specified in that division, the court 4,018
determines that the offender is indigent. The clerk of the court 4,019
shall pay a mandatory fine or other fine imposed for a violation 4,020
of this section pursuant to division (A) of section 2929.18 of 4,021
the Revised Code in accordance with and subject to the 4,022
requirements of division (F) of section 2925.03 of the Revised 4,023
Code. The agency that receives the fine shall use the fine in 4,025
accordance with division (F) of section 2925.03 of the Revised 4,026
93
Code. If a person is charged with a violation of this section, 4,027
posts bail, and forfeits the bail, the forfeited bail shall be 4,028
paid as if the forfeited bail were a fine imposed for a violation 4,029
of this section.
(2) The court shall revoke or suspend the offender's 4,031
driver's or commercial driver's license or permit in accordance 4,032
with division (G) of section 2925.03 of the Revised Code. If an 4,034
offender's driver's or commercial driver's license or permit is 4,035
revoked in accordance with that division, the offender may 4,036
request termination of, and the court may terminate, the 4,037
revocation in accordance with that division. 4,038
(3) If the offender is a professionally licensed person or 4,041
a person who has been admitted to the bar by order of the supreme 4,042
court in compliance with its prescribed and published rules, the 4,043
court shall comply with section 2925.38 of the Revised Code. 4,044
(E) Notwithstanding the prison term otherwise authorized 4,047
or required for the offense under division (C) of this section 4,048
and sections 2929.13 and 2929.14 of the Revised Code, if the 4,049
violation of division (A) of this section involves the sale, 4,050
offer to sell, or possession of a schedule I or II controlled 4,051
substance, with the exception of marihuana, and if the COURT 4,052
IMPOSING SENTENCE UPON THE OFFENDER FINDS THAT THE offender, as a 4,054
result of the violation, is a major drug offender AND IS GUILTY
OF A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF 4,055
THE REVISED CODE, the court, in lieu of the prison term otherwise 4,056
authorized or required, shall impose upon the offender the 4,057
mandatory prison term specified in division (D)(3)(a) of section 4,059
2929.14 of the Revised Code and may impose an additional prison 4,060
term under division (D)(3)(b) of that section. 4,061
Sec. 2925.11. (A) No person shall knowingly obtain, 4,070
possess, or use a controlled substance. 4,071
(B) This section does not apply to any of the following: 4,073
(1) Manufacturers, licensed health professionals 4,075
authorized to prescribe drugs, pharmacists, owners of pharmacies, 4,077
94
and other persons whose conduct was in accordance with Chapters 4,078
3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the 4,079
Revised Code;
(2) If the offense involves an anabolic steroid, any 4,081
person who is conducting or participating in a research project 4,082
involving the use of an anabolic steroid if the project has been 4,083
approved by the United States food and drug administration; 4,084
(3) Any person who sells, offers for sale, prescribes, 4,086
dispenses, or administers for livestock or other nonhuman species 4,087
an anabolic steroid that is expressly intended for administration 4,088
through implants to livestock or other nonhuman species and 4,089
approved for that purpose under the "Federal Food, Drug, and 4,090
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 4,091
and is sold, offered for sale, prescribed, dispensed, or 4,092
administered for that purpose in accordance with that act; 4,093
(4) Any person who obtained the controlled substance 4,095
pursuant to a prescription issued by a licensed health 4,096
professional authorized to prescribe drugs, where the drug is in 4,098
the original container in which it was dispensed to such person. 4,099
(C) Whoever violates division (A) of this section is 4,101
guilty of one of the following: 4,102
(1) If the drug involved in the violation is a compound, 4,104
mixture, preparation, or substance included in schedule I or II, 4,105
with the exception of marihuana, cocaine, L.S.D., heroin, and 4,108
hashish, whoever violates division (A) of this section is guilty 4,109
of aggravated possession of drugs. The penalty for the offense 4,110
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), 4,113
(c), (d), or (e) of this section, aggravated possession of drugs 4,114
is a felony of the fifth degree, and division (B) of section 4,115
2929.13 of the Revised Code applies in determining whether to 4,116
impose a prison term on the offender.
(b) If the amount of the drug involved EQUALS OR exceeds 4,118
the bulk amount but does not exceed IS LESS THAN five times the 4,119
95
bulk amount, aggravated possession of drugs is a felony of the 4,121
third degree, and there is a presumption for a prison term for 4,122
the offense.
(c) If the amount of the drug involved EQUALS OR exceeds 4,124
five times the bulk amount but does not exceed IS LESS THAN fifty 4,126
times the bulk amount, aggravated possession of drugs is a felony 4,127
of the second degree, and the court shall impose as a mandatory 4,128
prison term one of the prison terms prescribed for a felony of 4,129
the second degree. 4,130
(d) If the amount of the drug involved EQUALS OR exceeds 4,132
fifty times the bulk amount but does not exceed IS LESS THAN one 4,134
hundred times the bulk amount, aggravated possession of drugs is 4,136
a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a 4,137
felony of the first degree. 4,138
(e) If the amount of the drug involved EQUALS OR exceeds 4,140
one hundred times the bulk amount, aggravated possession of drugs 4,142
is a felony of the first degree, THE OFFENDER IS A MAJOR DRUG 4,143
OFFENDER, and the court shall impose as a mandatory prison term 4,144
the maximum prison term prescribed for a felony of the first 4,145
degree and may impose an additional mandatory prison term 4,146
prescribed for a major drug offender under division (D)(3)(b) of 4,147
section 2929.14 of the Revised Code.
(2) If the drug involved in the violation is a compound, 4,149
mixture, preparation, or substance included in schedule III, IV, 4,151
or V, whoever violates division (A) of this section is guilty of 4,153
possession of drugs. The penalty for the offense shall be 4,154
determined as follows: 4,155
(a) Except as otherwise provided in division (C)(2)(b), 4,158
(c), or (d) of this section, possession of drugs is a misdemeanor 4,159
of the third degree or, if the offender previously has been 4,160
convicted of a drug abuse offense, a misdemeanor of the second 4,161
degree. If the drug involved in the violation is an anabolic 4,162
steroid included in schedule III and if the offense is a 4,163
96
misdemeanor of the third degree under this division, in lieu of 4,164
sentencing the offender to a term of imprisonment in a detention 4,165
facility, the court may place the offender on conditional 4,166
probation pursuant to division (F) of section 2951.02 of the 4,168
Revised Code. 4,169
(b) If the amount of the drug involved EQUALS OR exceeds 4,171
the bulk amount but does not exceed IS LESS THAN five times the 4,172
bulk amount, possession of drugs is a felony of the fourth 4,174
degree, and division (C) of section 2929.13 of the Revised Code 4,175
applies in determining whether to impose a prison term on the 4,176
offender.
(c) If the amount of the drug involved EQUALS OR exceeds 4,178
five times the bulk amount but does not exceed IS LESS THAN fifty 4,180
times the bulk amount, possession of drugs is a felony of the 4,181
third degree, and there is a presumption for a prison term for 4,182
the offense.
(d) If the amount of the drug involved EQUALS OR exceeds 4,184
fifty times the bulk amount, possession of drugs is a felony of 4,185
the second degree, and the court shall impose upon the offender 4,186
as a mandatory prison term one of the prison terms prescribed for 4,187
a felony of the second degree. 4,188
(3) If the drug involved in the violation is marihuana or 4,190
a compound, mixture, preparation, or substance containing 4,191
marihuana other than hashish, whoever violates division (A) of 4,193
this section is guilty of possession of marihuana. The penalty 4,194
for the offense shall be determined as follows: 4,195
(a) Except as otherwise provided in division (C)(3)(b), 4,198
(c), (d), (e), or (f) of this section, possession of marihuana is 4,199
a minor misdemeanor. 4,200
(b) If the amount of the drug involved equals or exceeds 4,203
one hundred grams but does not exceed IS LESS THAN two hundred 4,204
grams, possession of marihuana is a misdemeanor of the fourth 4,205
degree. 4,206
(c) If the amount of the drug involved EQUALS OR exceeds 4,208
97
two hundred grams but does not exceed IS LESS THAN one thousand 4,209
grams, possession of marihuana is a felony of the fifth degree, 4,211
and division (B) of section 2929.13 of the Revised Code applies 4,212
in determining whether to impose a prison term on the offender. 4,214
(d) If the amount of the drug involved EQUALS OR exceeds 4,216
one thousand grams but does not exceed IS LESS THAN five thousand 4,218
grams, possession of marihuana is a felony of the third degree, 4,219
and division (C) of section 2929.13 of the Revised Code applies 4,220
in determining whether to impose a prison term on the offender. 4,221
(e) If the amount of the drug involved EQUALS OR exceeds 4,223
five thousand grams but does not exceed IS LESS THAN twenty 4,224
thousand grams, possession of marihuana is a felony of the third 4,226
degree, and there is a presumption that a prison term shall be 4,227
imposed for the offense. 4,228
(f) If the amount of the drug involved EQUALS OR exceeds 4,230
twenty thousand grams, possession of marihuana is a felony of the 4,231
second degree, and the court shall impose as a mandatory prison 4,232
term the maximum prison term prescribed for a felony of the 4,233
second degree. 4,234
(4) If the drug involved in the violation is cocaine or a 4,237
compound, mixture, preparation, or substance containing cocaine, 4,238
whoever violates division (A) of this section is guilty of 4,239
possession of cocaine. The penalty for the offense shall be 4,240
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), 4,243
(c), (d), (e), or (f) of this section, possession of cocaine is a 4,244
felony of the fifth degree, and division (B) of section 2929.13 4,245
of the Revised Code applies in determining whether to impose a 4,246
prison term on the offender.
(b) If the amount of the drug involved EQUALS OR exceeds 4,248
five grams but does not exceed IS LESS THAN twenty-five grams of 4,249
cocaine that is not crack cocaine or EQUALS OR exceeds one gram 4,251
but does not exceed IS LESS THAN five grams of crack cocaine, 4,252
possession of cocaine is a felony of the fourth degree, and there 4,253
98
is a presumption for a prison term for the offense. 4,254
(c) If the amount of the drug involved EQUALS OR exceeds 4,256
twenty-five grams but does not exceed IS LESS THAN one hundred 4,257
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 4,260
five grams but does not exceed IS LESS THAN ten grams of crack 4,261
cocaine, possession of cocaine is a felony of the third degree, 4,262
and the court shall impose as a mandatory prison term one of the 4,263
prison terms prescribed for a felony of the third degree. 4,264
(d) If the amount of the drug involved EQUALS OR exceeds 4,266
one hundred grams but does not exceed IS LESS THAN five hundred 4,267
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 4,270
ten grams but does not exceed IS LESS THAN twenty-five grams of 4,271
crack cocaine, possession of cocaine is a felony of the second 4,273
degree, and the court shall impose as a mandatory prison term one 4,274
of the prison terms prescribed for a felony of the second degree. 4,275
(e) If the amount of the drug involved EQUALS OR exceeds 4,277
five hundred grams but does not exceed IS LESS THAN one thousand 4,278
grams of cocaine that is not crack cocaine or EQUALS OR exceeds 4,281
twenty-five grams but does not exceed IS LESS THAN one hundred 4,282
grams of crack cocaine, possession of cocaine is a felony of the 4,284
first degree, and the court shall impose as a mandatory prison 4,285
term one of the prison terms prescribed for a felony of the first 4,286
degree.
(f) If the amount of the drug involved EQUALS OR exceeds 4,288
one thousand grams of cocaine that is not crack cocaine or EQUALS 4,290
OR exceeds one hundred grams of crack cocaine, possession of 4,291
cocaine is a felony of the first degree, THE OFFENDER IS A MAJOR 4,292
DRUG OFFENDER, and the court shall impose as a mandatory prison 4,293
term the maximum prison term prescribed for a felony of the first 4,294
degree and may impose an additional mandatory prison term 4,295
prescribed for a major drug offender under division (D)(3)(b) of 4,297
section 2929.14 of the Revised Code. 4,298
(5) If the drug involved in the violation is L.S.D., 4,301
whoever violates division (A) of this section is guilty of 4,302
99
possession of L.S.D. The penalty for the offense shall be 4,304
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 4,307
(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 4,308
of the Revised Code applies in determining whether to impose a 4,309
prison term on the offender.
(b) If the amount of L.S.D. involved EQUALS OR exceeds ten 4,311
unit doses but does not exceed IS LESS THAN fifty unit doses of 4,313
L.S.D. in a solid form or EQUALS OR exceeds one gram but does not 4,314
exceed IS LESS THAN five grams of L.S.D. in a liquid concentrate, 4,315
liquid extract, or liquid distillate form, possession of L.S.D. 4,317
is a felony of the fourth degree, and division (C) of section 4,318
2929.13 of the Revised Code applies in determining whether to 4,319
impose a prison term on the offender.
(c) If the amount of L.S.D. involved EQUALS OR exceeds 4,322
fifty unit doses, but does not exceed IS LESS THAN two hundred 4,323
fifty unit doses of L.S.D. in a solid form or EQUALS OR exceeds 4,324
five grams but does not exceed IS LESS THAN twenty-five grams of 4,325
L.S.D. in a liquid concentrate, liquid extract, or liquid 4,326
distillate form, possession of L.S.D. is a felony of the third 4,327
degree, and there is a presumption for a prison term for the 4,328
offense.
(d) If the amount of L.S.D. involved EQUALS OR exceeds two 4,331
hundred fifty unit doses but does not exceed IS LESS THAN one 4,332
thousand unit doses of L.S.D. in a solid form or EQUALS OR 4,334
exceeds twenty-five grams but does not exceed IS LESS THAN one 4,335
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 4,337
or liquid distillate form, possession of L.S.D. is a felony of 4,338
the second degree, and the court shall impose as a mandatory 4,339
prison term one of the prison terms prescribed for a felony of 4,340
the second degree. 4,341
(e) If the amount of L.S.D. involved EQUALS OR exceeds one 4,344
thousand unit doses but does not exceed IS LESS THAN five 4,345
100
thousand unit doses of L.S.D. in a solid form or EQUALS OR 4,346
exceeds one hundred grams but does not exceed IS LESS THAN five 4,347
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 4,349
or liquid distillate form, possession of L.S.D. is a felony of 4,350
the first degree, and the court shall impose as a mandatory 4,351
prison term one of the prison terms prescribed for a felony of 4,352
the first degree.
(f) If the amount of L.S.D. involved EQUALS OR exceeds 4,355
five thousand unit doses of L.S.D. in a solid form or EQUALS OR 4,357
exceeds five hundred grams of L.S.D. in a liquid concentrate, 4,359
liquid extract, or liquid distillate form, possession of L.S.D. 4,360
is a felony of the first degree, THE OFFENDER IS A MAJOR DRUG 4,361
OFFENDER, and the court shall impose as a mandatory prison term 4,363
the maximum prison term prescribed for a felony of the first 4,364
degree and may impose an additional mandatory prison term 4,365
prescribed for a major drug offender under division (D)(3)(b) of 4,366
section 2929.14 of the Revised Code. 4,367
(6) If the drug involved in the violation is heroin or a 4,369
compound, mixture, preparation, or substance containing heroin, 4,370
whoever violates division (A) of this section is guilty of 4,372
possession of heroin. The penalty for the offense shall be
determined as follows: 4,373
(a) Except as otherwise provided in division (C)(6)(b), 4,376
(c), (d), (e), or (f) of this section, possession of heroin is a 4,377
felony of the fifth degree, and division (B) of section 2929.13 4,378
of the Revised Code applies in determining whether to impose a 4,379
prison term on the offender.
(b) If the amount of the drug involved EQUALS OR EXCEEDS 4,381
TEN UNIT DOSES BUT IS LESS THAN FIFTY UNIT DOSES OR EQUALS OR 4,382
exceeds one gram but does not exceed IS LESS THAN five grams, 4,383
possession of heroin is a felony of the fourth degree, and 4,385
division (C) of section 2929.13 of the Revised Code applies in 4,386
determining whether to impose a prison term on the offender. 4,387
(c) If the amount of the drug involved EQUALS OR EXCEEDS 4,389
101
FIFTY UNIT DOSES BUT IS LESS THAN ONE HUNDRED UNIT DOSES OR 4,390
EQUALS OR exceeds five grams but does not exceed IS LESS THAN ten 4,391
grams, possession of heroin is a felony of the third degree, and 4,393
there is a presumption for a prison term for the offense. 4,394
(d) If the amount of the drug involved EQUALS OR EXCEEDS 4,396
ONE HUNDRED UNIT DOSES BUT IS LESS THAN FIVE HUNDRED UNIT DOSES 4,397
OR EQUALS OR exceeds ten grams but does not exceed IS LESS THAN 4,398
fifty grams, possession of heroin is a felony of the second 4,400
degree, and the court shall impose as a mandatory prison term one 4,401
of the prison terms prescribed for a felony of the second degree. 4,402
(e) If the amount of the drug involved EQUALS OR EXCEEDS 4,404
FIVE HUNDRED UNIT DOSES BUT IS LESS THAN TWO THOUSAND FIVE 4,405
HUNDRED UNIT DOSES OR EQUALS OR exceeds fifty grams but does not 4,407
exceed IS LESS THAN two hundred fifty grams, possession of heroin 4,409
is a felony of the first degree, and the court shall impose as a 4,410
mandatory prison term one of the prison terms prescribed for a 4,411
felony of the first degree.
(f) If the amount of the drug involved EQUALS OR EXCEEDS 4,413
TWO THOUSAND FIVE HUNDRED UNIT DOSES OR EQUALS OR exceeds two 4,415
hundred fifty grams, possession of heroin is a felony of the
first degree, THE OFFENDER IS A MAJOR DRUG OFFENDER, and the 4,416
court shall impose as a mandatory prison term the maximum prison 4,418
term prescribed for a felony of the first degree and may impose 4,419
an additional mandatory prison term prescribed for a major drug 4,420
offender under division (D)(3)(b) of section 2929.14 of the 4,421
Revised Code. 4,422
(7) If the drug involved in the violation is hashish or a 4,424
compound, mixture, preparation, or substance containing hashish, 4,425
whoever violates division (A) of this section is guilty of 4,427
possession of hashish. The penalty for the offense shall be
determined as follows: 4,428
(a) Except as otherwise provided in division (C)(7)(b), 4,431
(c), (d), (e), or (f) of this section, possession of hashish is a 4,432
minor misdemeanor.
102
(b) If the amount of the drug involved equals or exceeds 4,434
five grams but does not exceed IS LESS THAN ten grams of hashish 4,435
in a solid form or equals or exceeds one gram but does not exceed 4,437
IS LESS THAN two grams of hashish in a liquid concentrate, liquid 4,439
extract, or liquid distillate form, possession of hashish is a 4,440
misdemeanor of the fourth degree.
(c) If the amount of the drug involved EQUALS OR exceeds 4,442
ten grams but does not exceed IS LESS THAN fifty grams of hashish 4,444
in a solid form or EQUALS OR exceeds two grams but does not 4,445
exceed IS LESS THAN ten grams of hashish in a liquid concentrate, 4,447
liquid extract, or liquid distillate form, possession of hashish 4,448
is a felony of the fifth degree, and division (B) of section 4,449
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 4,451
(d) If the amount of the drug involved EQUALS OR exceeds 4,453
fifty grams but does not exceed IS LESS THAN two hundred fifty 4,454
grams of hashish in a solid form or EQUALS OR exceeds ten grams 4,456
but does not exceed IS LESS THAN fifty grams of hashish in a 4,457
liquid concentrate, liquid extract, or liquid distillate form, 4,458
possession of hashish is a felony of the third degree, and 4,459
division (C) of section 2929.13 of the Revised Code applies in 4,460
determining whether to impose a prison term on the offender. 4,461
(e) If the amount of the drug involved EQUALS OR exceeds 4,463
two hundred fifty grams but does not exceed IS LESS THAN one 4,464
thousand grams of hashish in a solid form or EQUALS OR exceeds 4,466
fifty grams but does not exceed IS LESS THAN two hundred grams of 4,467
hashish in a liquid concentrate, liquid extract, or liquid 4,468
distillate form, possession of hashish is a felony of the third 4,469
degree, and there is a presumption that a prison term shall be 4,470
imposed for the offense.
(f) If the amount of the drug involved EQUALS OR exceeds 4,472
one thousand grams of hashish in a solid form or EQUALS OR 4,473
exceeds two hundred grams of hashish in a liquid concentrate, 4,475
liquid extract, or liquid distillate form, possession of hashish 4,476
103
is a felony of the second degree, and the court shall impose as a 4,477
mandatory prison term the maximum prison term prescribed for a 4,478
felony of the second degree. 4,479
(D) Arrest or conviction for a minor misdemeanor violation 4,481
of this section does not constitute a criminal record and need 4,482
not be reported by the person so arrested or convicted in 4,483
response to any inquiries about the person's criminal record, 4,484
including any inquiries contained in any application for 4,485
employment, license, or other right or privilege, or made in 4,486
connection with the person's appearance as a witness. 4,487
(E) In addition to any prison term authorized or required 4,490
by division (C) of this section and sections 2929.13 and 2929.14 4,491
of the Revised Code and in addition to any other sanction that is 4,492
imposed for the offense under this section or sections 2929.11 to 4,493
2929.18 of the Revised Code, the court that sentences an offender 4,496
who is convicted of or pleads guilty to a violation of division 4,497
(A) of this section shall do all of the following that are 4,498
applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 4,501
or third degree, the court shall impose upon the offender the 4,502
mandatory fine specified for the offense under division (B)(1) of 4,503
section 2929.18 of the Revised Code unless, as specified in that 4,504
division, the court determines that the offender is indigent. 4,505
(b) Notwithstanding any contrary provision of section 4,507
3719.21 of the Revised Code, the clerk of the court shall pay a 4,509
mandatory fine or other fine imposed for a violation of this 4,510
section pursuant to division (A) of section 2929.18 of the 4,511
Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The 4,512
agency that receives the fine shall use the fine as specified in 4,513
division (F) of section 2925.03 of the Revised Code. 4,514
(c) If a person is charged with a violation of this 4,516
section that is a felony of the first, second, or third degree, 4,517
posts bail, and forfeits the bail, the clerk shall pay the 4,518
104
forfeited bail pursuant to division (E)(1)(b) of this section as 4,519
if it were a mandatory fine imposed under division (E)(1)(a) of 4,520
this section.
(2) The court shall suspend for not less than six months 4,522
or more than five years the driver's or commercial driver's 4,523
license or permit of any person who is convicted of or has 4,524
pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or 4,526
a person who has been admitted to the bar by order of the supreme 4,528
court in compliance with its prescribed and published rules, in 4,529
addition to any other sanction imposed for a violation of this 4,530
section, the court forthwith shall comply with section 2925.38 of 4,531
the Revised Code.
(F) It is an affirmative defense, as provided in section 4,533
2901.05 of the Revised Code, to a charge of a fourth degree 4,534
felony violation under this section that the controlled substance 4,535
that gave rise to the charge is in an amount, is in a form, is 4,538
prepared, compounded, or mixed with substances that are not 4,540
controlled substances in a manner, or is possessed under any 4,541
other circumstances, that indicate that the substance was 4,542
possessed solely for personal use. Notwithstanding any contrary 4,544
provision of this section, if, in accordance with section 2901.05 4,545
of the Revised Code, an accused who is charged with a fourth 4,546
degree felony violation of division (C)(2), (4), (5), or (6) of 4,547
this section sustains the burden of going forward with evidence 4,548
of and establishes by a preponderance of the evidence the 4,549
affirmative defense described in this division, the accused may 4,550
be prosecuted for and may plead guilty to or be convicted of a 4,551
misdemeanor violation of division (C)(2) of this section or a 4,552
fifth degree felony violation of division (C)(4), (5), or (6) of 4,553
this section respectively. 4,554
(G) When a person is charged with possessing a bulk amount 4,556
or multiple of a bulk amount, division (E) of section 2925.03 of 4,558
the Revised Code applies regarding the determination of the 4,559
105
amount of the controlled substance involved at the time of the 4,560
offense.
Sec. 2925.13. (A) No person who is the owner, operator, 4,569
or person in charge of a locomotive, watercraft, aircraft, or 4,570
other vehicle, as defined in division (A) of section 4501.01 of 4,571
the Revised Code, shall knowingly permit the vehicle to be used 4,572
for the commission of a felony drug abuse offense. 4,573
(B) No person who is the owner, lessee, or occupant, or 4,575
who has custody, control, or supervision, of premises or real 4,576
estate, including vacant land, shall knowingly permit the 4,577
premises or real estate, including vacant land, to be used for 4,578
the commission of a felony drug abuse offense by another person. 4,579
(C)(1) Whoever violates this section is guilty of 4,581
permitting drug abuse. 4,582
(2) Except as provided in division (C)(3) of this section, 4,585
permitting drug abuse is a misdemeanor of the first degree. 4,587
(3) Permitting drug abuse is a felony of the fifth degree, 4,590
and division (C) of section 2929.13 of the Revised Code applies 4,592
in determining whether to impose a prison term on the offender, 4,593
if the felony drug abuse offense in question is a violation of 4,594
section 2925.02 or 2925.03 of the Revised Code that was committed 4,595
in the vicinity of a school or in the vicinity of a juvenile.
(D) In addition to any prison term authorized or required 4,597
by division (C) of this section and sections 2929.13 and 2929.14 4,598
of the Revised Code and in addition to any other sanction imposed 4,600
for the offense under this section or sections 2929.11 to 2929.18 4,602
of the Revised Code, the court that sentences a person who is 4,603
convicted of or pleads guilty to a violation of division (A) of 4,605
this section shall do all of the following that are applicable 4,606
regarding the offender:
(1) The court shall suspend for not less than six months 4,609
or more than five years the driver's or commercial driver's 4,610
license or permit of the offender.
(2) If the offender is a professionally licensed person or 4,612
106
a person who has been admitted to the bar by order of the supreme 4,613
court in compliance with its prescribed and published rules, in 4,614
addition to any other sanction imposed for a violation of this 4,615
section, the court forthwith shall comply with section 2925.38 of 4,616
the Revised Code.
(E) Notwithstanding any contrary provision of section 4,618
3719.21 of the Revised Code, the clerk of the court shall pay a 4,619
fine imposed for a violation of this section pursuant to division 4,620
(A) of section 2929.18 of the Revised Code in accordance with and 4,621
subject to the requirements of division (F) of section 2925.03 of 4,622
the Revised Code. The agency that receives the fine shall use 4,623
the fine as specified in division (F) of section 2925.03 of the
Revised Code. 4,624
(F) ANY PREMISES OR REAL ESTATE THAT IS PERMITTED TO BE 4,626
USED IN VIOLATION OF DIVISION (B) OF THIS SECTION CONSTITUTES A 4,627
NUISANCE SUBJECT TO ABATEMENT PURSUANT TO CHAPTER 3767. OF THE 4,628
REVISED CODE.
Sec. 2925.23. (A) No person shall knowingly make a false 4,637
statement in any prescription, order, report, or record required 4,638
by Chapter 3719. or 4729. of the Revised Code. 4,639
(B) No person shall intentionally make, utter, or sell, or 4,641
knowingly possess ANY OF THE FOLLOWING THAT IS a false or forged: 4,642
(1) Prescription; 4,644
(2) Uncompleted preprinted prescription blank used for 4,646
writing a prescription; 4,647
(3) Official written order; 4,649
(4) License for a terminal distributor of dangerous drugs 4,651
as required in section 4729.60 of the Revised Code; 4,652
(5) Registration certificate for a wholesale distributor 4,654
of dangerous drugs as required in section 4729.60 of the Revised 4,655
Code. 4,656
(C) No person, by theft as defined in section 2913.02 of 4,658
the Revised Code, shall acquire any of the following: 4,659
(1) A prescription; 4,661
107
(2) An uncompleted preprinted prescription blank used for 4,663
writing a prescription; 4,664
(3) An official written order; 4,666
(4) A blank official written order; 4,668
(5) A license or blank license for a terminal distributor 4,670
of dangerous drugs as required in section 4729.60 of the Revised 4,671
Code; 4,672
(6) A registration certificate or blank registration 4,674
certificate for a wholesale distributor of dangerous drugs as 4,675
required in section 4729.60 of the Revised Code. 4,676
(D) No person shall knowingly make or affix any false or 4,678
forged label to a package or receptacle containing any dangerous 4,679
drugs. 4,680
(E) Divisions (A) and (D) of this section do not apply to 4,682
licensed health professionals authorized to prescribe drugs, 4,684
pharmacists, owners of pharmacies, and other persons whose 4,685
conduct is in accordance with Chapters 3719., 4715., 4725., 4,686
4729., 4731., and 4741. of the Revised Code or section 4723.56 of 4,687
the Revised Code.
(F) Whoever violates this section is guilty of illegal 4,689
processing of drug documents. The penalty for the offense IF THE 4,691
OFFENDER VIOLATES DIVISION (B)(2), (4), OR (5) OR DIVISION 4,692
(C)(2), (4), (5), OR (6) OF THIS SECTION, ILLEGAL PROCESSING OF 4,693
DRUG DOCUMENTS IS A FELONY OF THE FIFTH DEGREE. IF THE OFFENDER 4,694
VIOLATES DIVISION (B)(1) OR (3), DIVISION (C)(1) OR (3), OR 4,695
DIVISION (D) OF THIS SECTION, THE PENALTY FOR ILLEGAL PROCESSING 4,696
OF DRUG DOCUMENTS shall be determined as follows: 4,698
(1) If the drug involved is a compound, mixture, 4,700
preparation, or substance included in schedule I or II, with the 4,701
exception of marihuana, illegal processing of drug documents is a 4,702
felony of the fourth degree, and division (C) of section 2929.13 4,703
of the Revised Code applies in determining whether to impose a 4,704
prison term on the offender.
(2) If the drug involved is a dangerous drug or a 4,706
108
compound, mixture, preparation, or substance included in schedule 4,707
III, IV, or V or is marihuana, illegal processing of drug 4,708
documents is a felony of the fifth degree, and division (C) of 4,709
section 2929.13 of the Revised Code applies in determining 4,710
whether to impose a prison term on the offender.
(G) In addition to any prison term authorized or required 4,712
by division (F) of this section and sections 2929.13 and 2929.14 4,713
of the Revised Code and in addition to any other sanction imposed 4,714
for the offense under this section or sections 2929.11 to 2929.18 4,715
of the Revised Code, the court that sentences an offender who is 4,716
convicted of or pleads guilty to any violation of divisions (A) 4,717
to (D) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 4,720
or more than five years the driver's or commercial driver's 4,721
license or permit of any person who is convicted of or has 4,722
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 4,724
a person who has been admitted to the bar by order of the supreme 4,725
court in compliance with its prescribed and published rules, in 4,726
addition to any other sanction imposed for a violation of this 4,727
section, the court forthwith shall comply with section 2925.38 of 4,728
the Revised Code.
(H) Notwithstanding any contrary provision of section 4,730
3719.21 of the Revised Code, the clerk of court shall pay a fine 4,731
imposed for a violation of this section pursuant to division (A) 4,732
of section 2929.18 of the Revised Code in accordance with and 4,733
subject to the requirements of division (F) of section 2925.03 of 4,734
the Revised Code. The agency that receives the fine shall use 4,735
the fine as specified in division (F) of section 2925.03 of the 4,736
Revised Code.
Sec. 2925.36. (A) No person shall knowingly furnish 4,745
another a sample drug. 4,746
(B) Division (A) of this section does not apply to 4,748
manufacturers, wholesalers, pharmacists, owners of pharmacies, 4,749
109
dentists, doctors of medicine and surgery, doctors of osteopathic 4,750
medicine and surgery, doctors of podiatry, veterinarians, and 4,751
other persons whose conduct is in accordance with Chapters 3719., 4,752
4715., 4729., 4731., and 4741. of the Revised Code or to 4,753
optometrists whose conduct is in accordance with a valid 4,754
therapeutic pharmaceutical agents certificate issued under 4,755
Chapter 4725. of the Revised Code. 4,756
(C)(1) Whoever violates this section is guilty of illegal 4,758
dispensing of drug samples. 4,759
(2) If the drug involved in the offense is a compound, 4,761
mixture, preparation, or substance included in schedule I or II, 4,762
with the exception of marihuana, the penalty for the offense 4,763
shall be determined as follows: 4,764
(a) Except as otherwise provided in division (C)(2)(b) of 4,766
this section, illegal dispensing of drug samples is a felony of 4,767
the fifth degree, and, subject to division (E) of this section, 4,769
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 4,770
(b) If the offense was committed in the vicinity of a 4,772
school or in the vicinity of a juvenile, illegal dispensing of 4,773
drug samples is a felony of the fourth degree, and, subject to 4,774
division (E) of this section, division (C) of section 2929.13 of 4,775
the Revised Code applies in determining whether to impose a 4,776
prison term on the offender.
(3) If the drug involved in the offense is a dangerous 4,778
drug or a compound, mixture, preparation, or substance included 4,779
in schedule III, IV, or V, or is marihuana, the penalty for the 4,780
offense shall be determined as follows: 4,781
(a) Except as otherwise provided in division (C)(3)(b) of 4,784
this section, illegal dispensing of drug samples is a misdemeanor 4,785
of the second degree.
(b) If the offense was committed in the vicinity of a 4,788
school or in the vicinity of a juvenile, illegal dispensing of 4,789
drug samples is a misdemeanor of the first degree. 4,790
110
(D) In addition to any prison term authorized or required 4,793
by division (C) or (E) of this section and sections 2929.13 and 4,794
2929.14 of the Revised Code and in addition to any other sanction 4,795
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender 4,797
who is convicted of or pleads guilty to a violation of division 4,798
(A) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 4,801
or more than five years the driver's or commercial driver's 4,802
license or permit of any person who is convicted of or has 4,803
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 4,805
a person who has been admitted to the bar by order of the supreme 4,806
court in compliance with its prescribed and published rules, in 4,807
addition to any other sanction imposed for a violation of this 4,808
section, the court forthwith shall comply with section 2925.38 of 4,809
the Revised Code. 4,810
(E) Notwithstanding the prison term authorized or required 4,812
by division (C) of this section and sections 2929.13 and 2929.14 4,813
of the Revised Code, if the violation of division (A) of this 4,814
section involves the sale, offer to sell, or possession of a 4,815
schedule I or II controlled substance, with the exception of 4,816
marihuana, and if the COURT IMPOSING SENTENCE UPON THE OFFENDER 4,817
FINDS THAT THE offender, as a result of the violation, is a major 4,818
drug offender AND IS GUILTY OF A SPECIFICATION OF THE TYPE 4,819
DESCRIBED IN SECTION 2941.1410 OF THE REVISED CODE, the court, in 4,820
lieu of the prison term otherwise authorized or required, shall 4,821
impose upon the offender the mandatory prison term specified in 4,822
division (D)(3)(a) of section 2929.14 of the Revised Code and may 4,823
impose an additional prison term under division (D)(3)(b) of that 4,825
section.
(F) Notwithstanding any contrary provision of section 4,828
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 4,830
111
(A) of section 2929.18 of the Revised Code in accordance with and 4,831
subject to the requirements of division (F) of section 2925.03 of 4,832
the Revised Code. The agency that receives the fine shall use 4,833
the fine as specified in division (F) of section 2925.03 of the
Revised Code. 4,834
Sec. 2927.24. (A) As used in this section: 4,843
(1) "Poison" has the same meaning as in section 3719.01 of 4,845
the Revised Code.
(2) "Drug" has the same meaning as in section 4729.01 of 4,848
the Revised Code.
(B) Except as provided in division (D) of this section, no 4,850
person shall knowingly mingle a poison or other harmful substance 4,851
with a food, drink, nonprescription drug, prescription drug, or 4,852
pharmaceutical product, or knowingly place a poison or other 4,853
harmful substance in a spring, well, reservoir, or public water 4,854
supply, if the person knows or has reason to know that the food, 4,855
drink, nonprescription drug, prescription drug, pharmaceutical 4,856
product, or water may be ingested or used by another person. For 4,857
purposes of this division, a person does not know or have reason 4,858
to know that water may be ingested or used by another person if 4,859
it is disposed of as waste into a household drain including the 4,860
drain of a toilet, sink, tub, or floor. 4,861
(C) No person shall inform another person that a poison or 4,863
other harmful substance has been or will be placed in a food, 4,864
drink, nonprescription drug, prescription drug, or other 4,865
pharmaceutical product, spring, well, reservoir, or public water 4,866
supply, if the placement of the poison or other harmful substance 4,867
would be a violation of division (B) of this section, and the 4,868
person knows both that the information is false and that the 4,869
information likely will be disseminated to the public. 4,870
(D)(1) A person may mingle a drug with a food or drink for 4,872
the purpose of causing the drug to be ingested or used in the 4,873
quantity described by its labeling or prescription. 4,874
(2) A person may place a poison or other harmful substance 4,876
112
in a spring, well, reservoir, or public water supply in such 4,877
quantity as is necessary to treat the spring, well, reservoir, or 4,878
water supply to make it safe for human consumption and use. 4,879
(3) The provisions of division (A) of this section shall 4,881
not be applied in a manner that conflicts with any other state or 4,882
federal law or rule relating to substances permitted to be 4,883
applied to or present in any food, raw or processed, any milk or 4,884
milk product, any meat or meat product, any type of crop, water, 4,885
or alcoholic or nonalcoholic beverage. 4,886
(E)(1) Whoever violates division (B) of this section is 4,888
guilty of contaminating a substance for human consumption or 4,890
use,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
CONTAMINATING A SUBSTANCE FOR HUMAN CONSUMPTION OR USE IS a 4,892
felony of the first degree. If the offense involved an amount of 4,893
poison or other harmful substance sufficient to cause death if
ingested or used by a person or if the offense resulted in 4,894
serious physical harm to another person, whoever violates 4,895
division (B) of this section is guilty of an aggravated felony of 4,896
the first degree and shall be imprisoned for life WITH PAROLE 4,897
ELIGIBILITY AFTER SERVING FIFTEEN YEARS OF IMPRISONMENT. 4,898
(2) Whoever violates division (C) of this section is 4,900
guilty of spreading a false report of contamination, a felony of 4,901
the fourth degree. 4,902
Sec. 2929.01. As used in this chapter: 4,912
(A)(1) "Alternative residential facility" means, subject 4,914
to division (A)(2) of this section, any facility other than an 4,915
offender's home or residence in which an offender is assigned to 4,916
live and that satisfies all of the following criteria: 4,917
(a) It provides programs through which the offender may 4,919
seek or maintain employment or may receive education, training, 4,920
treatment, or habilitation. 4,921
(b) It has received the appropriate license or certificate 4,923
for any specialized education, training, treatment, habilitation, 4,924
or other service that it provides from the government agency that 4,925
113
is responsible for licensing or certifying that type of 4,926
education, training, treatment, habilitation, or service. 4,927
(2) "Alternative residential facility" does not include a 4,930
community-based correctional facility, jail, halfway house, or 4,931
prison.
(B) "Bad time" means the time by which the parole board 4,933
administratively extends an offender's stated prison term or 4,934
terms pursuant to section 2967.11 of the Revised Code because the 4,935
parole board finds by clear and convincing evidence that the 4,936
offender, while serving the prison term or terms, committed an 4,937
act that is a criminal offense under the law of this state or the 4,938
United States, whether or not the offender is prosecuted for the 4,940
commission of that act.
(C) "Basic PROBATION supervision" means a requirement that 4,943
the offender maintain contact with a person appointed to 4,945
supervise the offender in accordance with sanctions imposed by 4,946
the court or imposed by the parole board pursuant to section 4,947
2967.28 of the Revised Code. "BASIC PROBATION SUPERVISION"
INCLUDES BASIC PAROLE SUPERVISION AND BASIC POST-RELEASE CONTROL 4,948
SUPERVISION. 4,949
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 4,951
"unit dose" have the same meanings as in section 2925.01 of the 4,952
Revised Code.
(E) "Community-based correctional facility" means a 4,955
community-based correctional facility and program or district 4,956
community-based correctional facility and program developed 4,957
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 4,958
(F) "Community control sanction" means a sanction that is 4,961
not a prison term and that is described in section 2929.15, 4,962
2929.16, 2929.17, or 2929.18 of the Revised Code. 4,963
(G) "Criminally injurious conduct" means any conduct of 4,966
the type that is described in division (C)(1) or (2) of section 4,967
2743.51 of the Revised Code and that occurs on or after July 1, 4,968
1996, or any activity that is described in divisions (C)(3) and 4,969
114
(R) of section 2743.51 of the Revised Code and that occurs on or 4,970
after the effective date of this amendment. 4,971
(H) "Controlled substance," "marihuana," "schedule I," and 4,973
"schedule II" have the same meanings as in section 3719.01 of the 4,975
Revised Code.
(I)(H) "Curfew" means a requirement that an offender 4,978
during a specified period of time be at a designated place. 4,979
(J)(I) "Day reporting" means a sanction pursuant to which 4,982
an offender is required each day to report to and leave a center 4,983
or other approved reporting location at specified times in order 4,984
to participate in work, education or training, treatment, and 4,985
other approved programs at the center or outside the center. 4,986
(K)(J) "Deadly weapon" has the same meaning as in section 4,989
2923.11 of the Revised Code. 4,990
(L)(K) "Drug and alcohol use monitoring" means a program 4,993
under which an offender agrees to submit to random chemical 4,994
analysis of the offender's blood, breath, or urine to determine 4,995
whether the offender has ingested any alcohol or other drugs. 4,996
(M)(L) "Drug treatment program" means any program under 4,999
which a person undergoes assessment and treatment designed to 5,000
reduce or completely eliminate the person's physical or emotional 5,001
reliance upon alcohol, another drug, or alcohol and another drug 5,002
and under which the person may be required to receive assessment 5,004
and treatment on an outpatient basis or may be required to reside 5,005
at a facility other than the person's home or residence while
undergoing assessment and treatment. 5,006
(N)(M) "Economic loss" means any economic detriment 5,009
suffered by a victim as a result of criminally injurious conduct 5,010
THE COMMISSION OF A FELONY and includes any loss of income due to 5,011
lost time at work because of any injury caused to the victim, and 5,012
any property loss, medical cost, or funeral expense incurred as a 5,013
result of the criminally injurious conduct COMMISSION OF THE 5,014
FELONY. 5,015
(O)(N) "Education or training" includes study at, or in 5,018
115
conjunction with a program offered by, a university, college, or 5,019
technical college or vocational study and also includes the 5,020
completion of primary school, secondary school, and literacy 5,021
curriculums or their equivalent.
(P)(O) "Electronically monitored house arrest" has the 5,024
same meaning as in section 2929.23 of the Revised Code. 5,025
(Q)(P) "Eligible offender" has the same meaning as in 5,028
section 2929.23 of the Revised Code except as otherwise specified 5,029
in section 2929.20 of the Revised Code. 5,030
(R)(Q) "Firearm" has the same meaning as in section 5,033
2923.11 of the Revised Code.
(S)(R) "Halfway house" means a facility licensed by the 5,036
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 5,038
Revised Code as a suitable facility for the care and treatment of 5,039
adult offenders.
(T)(S) "House arrest" means a period of confinement of an 5,041
eligible offender that is in the eligible offender's home or in 5,043
other premises specified by the sentencing court or by the parole 5,044
board pursuant to section 2967.28 of the Revised Code, that may 5,045
be electronically monitored house arrest, and during which all of 5,046
the following apply: 5,047
(1) The eligible offender is required to remain in the 5,049
eligible offender's home or other specified premises for the 5,051
specified period of confinement, except for periods of time 5,052
during which the eligible offender is at the eligible offender's 5,053
place of employment or at other premises as authorized by the 5,055
sentencing court or by the parole board.
(2) The eligible offender is required to report 5,058
periodically to a person designated by the court or parole board. 5,059
(3) The eligible offender is subject to any other 5,061
restrictions and requirements that may be imposed by the 5,062
sentencing court or by the parole board. 5,063
(U)(T) "Intensive PROBATION supervision" means a 5,065
116
requirement that an offender maintain frequent contact with a 5,066
person appointed by the court, or by the parole board pursuant to 5,067
section 2967.28 of the Revised Code, to supervise the offender 5,068
while the offender is seeking or maintaining necessary employment 5,069
and participating in training, education, and treatment programs 5,070
as required in the court's or parole board's order. "INTENSIVE 5,071
PROBATION SUPERVISION" INCLUDES INTENSIVE PAROLE SUPERVISION AND 5,072
INTENSIVE POST-RELEASE CONTROL SUPERVISION. 5,073
(V)(U) "Jail" means a jail, workhouse, minimum security 5,076
jail, or other residential facility used for the confinement of 5,077
alleged or convicted offenders that is operated by a political 5,078
subdivision or a combination of political subdivisions of this 5,079
state.
(W)(V) "Delinquent child" has the same meaning as in 5,081
section 2151.02 of the Revised Code. 5,083
(X)(W) "License violation report" means a report that is 5,086
made by a sentencing court, or by the parole board pursuant to 5,087
section 2967.28 of the Revised Code, to the regulatory or 5,088
licensing board or agency that issued an offender a professional 5,089
license or a license or permit to do business in this state and 5,091
that specifies that the offender has been convicted of or pleaded 5,092
guilty to an offense that may violate the conditions under which 5,093
the offender's professional license or license or permit to do 5,094
business in this state was granted or an offense for which the 5,095
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 5,096
(Y)(X) "Major drug offender" means an offender who is 5,099
convicted of or pleads guilty to the possession of, sale of, or 5,100
offer to sell any drug, compound, mixture, preparation, or 5,101
substance that consists of or contains at least one thousand 5,102
grams of hashish; at least one hundred grams of crack cocaine; at 5,103
least one thousand grams of cocaine that is not crack cocaine; at 5,104
least TWO THOUSAND FIVE HUNDRED UNIT DOSES OR two hundred fifty 5,105
grams of heroin; at least five thousand unit doses of L.S.D. OR 5,107
117
FIVE HUNDRED GRAMS OF L.S.D. IN A LIQUID CONCENTRATE, LIQUID 5,108
EXTRACT, OR LIQUID DISTILLATE FORM; or at least one hundred times 5,109
the amount of any other schedule I or II controlled substance 5,111
other than marihuana that is necessary to commit a felony of the 5,112
third degree pursuant to section 2925.03, 2925.04, 2925.05, 5,113
2925.06, or 2925.11 of the Revised Code that is based on the 5,114
possession of, sale of, or offer to sell the controlled 5,115
substance.
(Z)(Y) "Mandatory prison term" means one any of the 5,117
following: 5,118
(1) Subject to division (DD)(Z)(Y)(2) of this section, the 5,121
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10)(11) 5,123
of section 2929.13 and division (D) of section 2929.14 of the 5,124
Revised Code. Except as provided in sections 2925.02, 2925.03, 5,126
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 5,127
maximum or another specific term is required under section 5,128
2929.14 of the Revised Code, a mandatory prison term described in 5,129
this division may be any prison term authorized for the level of 5,130
offense.
(2) The term of sixty days in prison that a sentencing 5,133
court is required to impose for a fourth degree felony OMVI 5,134
offense pursuant to division (G)(2) of section 2929.13 and 5,135
division (A)(4) of section 4511.99 of the Revised Code. 5,136
(3) The term in prison imposed pursuant to section 2971.03 5,138
of the Revised Code for the offenses and in the circumstances 5,139
described in division (F)(9)(10) of section 2929.13 of the 5,140
Revised Code and that term as modified or terminated pursuant to 5,142
section 2971.05 of the Revised Code. 5,143
(AA)(Z) "Monitored time" means a period of time during 5,146
which an offender continues to be under the control of the 5,147
sentencing court or parole board, subject to no conditions other 5,148
than leading a law abiding life.
(BB)(AA) "Offender" means a person who, in this state, is 5,151
118
convicted of or pleads guilty to a felony or a misdemeanor. 5,152
(CC)(BB) "Prison" means a residential facility used for 5,155
the confinement of convicted felony offenders that is under the 5,156
control of the department of rehabilitation and correction but 5,157
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 5,158
(DD)(CC) "Prison term" includes any of the following 5,160
sanctions for an offender: 5,161
(1) A stated prison term; 5,163
(2) A term in a prison shortened by, or with the approval 5,166
of, the sentencing court pursuant to section 2929.20, 2967.26, 5,167
5120.031, 5120.032, or 5120.073 of the Revised Code; 5,168
(3) A term in prison extended by bad time imposed pursuant 5,171
to section 2967.11 of the Revised Code or imposed for a violation 5,172
of post-release control pursuant to section 2967.28 of the 5,173
Revised Code.
(EE)(DD) "Repeat violent offender" means a person about 5,176
whom both of the following apply:
(1) The person has been convicted of or has pleaded guilty 5,179
to, and is being sentenced for committing, for complicity in 5,180
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 5,181
other than one set forth in Chapter 2925. of the Revised Code, a 5,183
felony of the first degree set forth in Chapter 2925. of the 5,184
Revised Code that involved an attempt to cause serious physical 5,185
harm to a person or that resulted in serious physical harm to a 5,186
person, or a felony of the second degree that involved an attempt 5,187
to cause serious physical harm to a person or that resulted in 5,189
serious physical harm to a person.
(2) Either of the following applies: 5,191
(a) The person previously was convicted of or pleaded 5,193
guilty to, and served a prison term for, any of the following: 5,194
(i) Aggravated murder, murder, involuntary manslaughter, 5,196
rape, felonious sexual penetration as it existed under section 5,198
119
2907.12 of the Revised Code as it existed prior to September 3,
1996, a felony of the first or second degree that resulted in the 5,199
death of a person or in physical harm to a person, or complicity 5,200
in or an attempt to commit any of those offenses; 5,201
(ii) An offense under an existing or former law of this 5,204
state, another state, or the United States that is or was 5,205
substantially equivalent to an offense listed under division 5,206
(EE)(DD)(2)(a)(i) of this section AND THAT RESULTED IN THE DEATH 5,207
OF A PERSON OR IN PHYSICAL HARM TO A PERSON.
(b) The person previously was adjudicated a delinquent 5,209
child for committing an act that if committed by an adult would 5,210
have been an offense listed in division (EE)(DD)(2)(a)(i) or (ii) 5,212
of this section, the person was committed to the department of 5,213
youth services for that delinquent act, and the juvenile court in 5,214
which the person was adjudicated a delinquent child made a 5,215
specific finding that the adjudication should be considered a 5,217
conviction for purposes of a determination in the future pursuant
to this chapter as to whether the person is a repeat violent 5,218
offender.
(FF)(EE) "Sanction" means any penalty imposed upon an 5,221
offender who is convicted of or pleads guilty to an offense, as 5,222
punishment for the offense. "Sanction" includes any sanction 5,223
imposed pursuant to any provision of sections 2929.14 to 2929.18 5,224
of the Revised Code.
(GG)(FF) "Sentence" means the sanction or combination of 5,227
sanctions imposed by the sentencing court on an offender who is 5,228
convicted of or pleads guilty to a felony.
(HH)(GG) "Stated prison term" means the prison term, 5,231
mandatory prison term, or combination of all prison terms and 5,232
mandatory prison terms imposed by the sentencing court pursuant 5,233
to section 2929.14 or 2971.03 of the Revised Code. "Stated 5,234
prison term" includes any credit received by the offender for 5,235
time spent in jail awaiting trial, sentencing, or transfer to 5,236
prison for the offense and any time spent under house arrest or 5,237
120
electronically monitored house arrest imposed after earning 5,238
credits pursuant to section 2967.193 of the Revised Code. 5,239
(II)(HH) "Victim-offender mediation" means a 5,242
reconciliation or mediation program that involves an offender and 5,243
the victim of the offense committed by the offender and that
includes a meeting in which the offender and the victim may 5,244
discuss the offense, discuss restitution, and consider other 5,245
sanctions for the offense. 5,246
(JJ)(II) "Fourth degree felony OMVI offense" means a 5,249
violation of division (A) of section 4511.19 of the Revised Code 5,251
that, under section 4511.99 of the Revised Code, is a felony of 5,253
the fourth degree.
(KK)(JJ) "Mandatory term of local incarceration" means the 5,256
term of sixty days in a jail, a community-based correctional 5,257
facility, a halfway house, or an alternative residential facility 5,258
that a sentencing court is required to impose upon a person who 5,259
is convicted of or pleads guilty to a fourth degree felony OMVI 5,260
offense pursuant to division (G)(1) of section 2929.13 of the 5,261
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 5,262
(LL)(KK) "Designated homicide, assault, or kidnapping 5,264
offense," "sexual motivation specification," "sexually violent 5,265
offense," "sexually violent predator," and "sexually violent 5,266
predator specification" have the same meanings as in section 5,267
2971.01 of the Revised Code.
(MM)(LL) "Habitual sex offender," "sexually oriented 5,269
offense," and "sexual predator" have the same meanings as in 5,270
section 2950.01 of the Revised Code. 5,271
(MM) "MOTOR VEHICLE" AND "MANUFACTURED HOME" HAVE THE SAME 5,273
MEANINGS AS IN SECTION 4501.01 OF THE REVISED CODE. 5,274
(NN) "DETENTION" AND "DETENTION FACILITY" HAVE THE SAME 5,276
MEANINGS AS IN SECTION 2921.01 OF THE REVISED CODE. 5,277
Sec. 2929.12. (A) Unless a mandatory prison term is 5,287
OTHERWISE required by division (F) of section 2929.13 or section 5,289
121
2929.14 of the Revised Code, a court that imposes a sentence 5,290
under this chapter upon an offender for a felony has discretion 5,291
to determine the most effective way to comply with the purposes 5,292
and principles of sentencing set forth in section 2929.11 of the 5,293
Revised Code. In exercising that discretion, the court shall 5,294
consider the factors set forth in divisions (B) and (C) of this 5,296
section relating to the seriousness of the conduct and the 5,297
factors provided in divisions (D) and (E) of this section 5,298
relating to the likelihood of the offender's recidivism and, in 5,299
addition, may consider any other factors that are relevant to 5,300
achieving those purposes and principles of sentencing. 5,301
(B) The sentencing court shall consider all of the 5,304
following that apply regarding the offender, the offense, or the
victim, and any other relevant factors, as indicating that the 5,305
offender's conduct is more serious than conduct normally 5,306
constituting the offense: 5,307
(1) The physical or mental injury suffered by the victim 5,310
of the offense due to the conduct of the offender was exacerbated 5,311
because of the physical or mental condition or age of the victim. 5,312
(2) The victim of the offense suffered serious physical, 5,315
psychological, or economic harm as a result of the offense. 5,316
(3) The offender held a public office or position of trust 5,319
in the community, and the offense related to that office or
position. 5,320
(4) The offender's occupation, elected office, or 5,322
profession obliged the offender to prevent the offense or bring 5,323
others committing it to justice. 5,324
(5) The offender's professional reputation or occupation, 5,327
elected office, or profession was used to facilitate the offense 5,328
or is likely to influence the future conduct of others. 5,329
(6) The offender's relationship with the victim 5,331
facilitated the offense. 5,332
(7) The offender committed the offense for hire or as a 5,334
part of an organized criminal activity. 5,335
122
(8) In committing the offense, the offender was motivated 5,338
by prejudice based on race, ethnic background, gender, sexual
orientation, or religion. 5,339
(C) The sentencing court shall consider all of the 5,341
following that apply regarding the offender, the offense, or the 5,342
victim, and any other relevant factors, as indicating that the 5,343
offender's conduct is less serious than conduct normally 5,344
constituting the offense:
(1) The victim induced or facilitated the offense. 5,346
(2) In committing the offense, the offender acted under 5,348
strong provocation. 5,349
(3) In committing the offense, the offender did not cause 5,352
or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the 5,354
offender's conduct, although the grounds are not enough to 5,355
constitute a defense. 5,356
(D) The sentencing court shall consider all of the 5,358
following that apply regarding the offender, and any other 5,359
relevant factors, as factors indicating that the offender is 5,361
likely to commit future crimes:
(1) At the time of committing the offense, the offender 5,363
was under release from confinement before trial or sentencing, 5,364
under a sanction imposed pursuant to section 2929.16, 2929.17, or 5,365
2929.18 of the Revised Code, or under post-release control 5,367
pursuant to section 2967.28 or any other provision of the Revised 5,368
Code for an earlier offense. 5,369
(2) The offender previously was adjudicated a delinquent 5,372
child pursuant to Chapter 2151. of the Revised Code, or the 5,373
offender has a history of criminal convictions. 5,374
(3) The offender has not been rehabilitated to a 5,376
satisfactory degree after previously being adjudicated a 5,377
delinquent child pursuant to Chapter 2151. of the Revised Code, 5,379
or the offender has not responded favorably to sanctions 5,380
previously imposed for criminal convictions. 5,381
123
(4) The offender has demonstrated a pattern of drug or 5,383
alcohol abuse that is related to the offense, and the offender 5,384
refuses to acknowledge that the offender has demonstrated that 5,385
pattern, or the offender refuses treatment for the drug or 5,386
alcohol abuse.
(5) The offender shows no genuine remorse for the offense. 5,388
(E) The sentencing court shall consider all of the 5,390
following that apply regarding the offender, and any other 5,391
relevant factors, as factors indicating that the offender is not 5,392
likely to commit future crimes:
(1) Prior to committing the offense, the offender had not 5,394
been adjudicated a delinquent child. 5,395
(2) Prior to committing the offense, the offender had not 5,397
been convicted of or pleaded guilty to a criminal offense. 5,398
(3) Prior to committing the offense, the offender had led 5,401
a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not 5,404
likely to recur.
(5) The offender shows genuine remorse for the offense. 5,406
Sec. 2929.13. (A) Except as provided in division (E), 5,416
(F), or (G) of this section and unless a specific sanction is 5,417
required to be imposed or is precluded from being imposed 5,418
pursuant to law, a court that imposes a sentence upon an offender 5,419
for a felony may impose any sanction or combination of sanctions 5,420
on the offender that are provided in sections 2929.14 to 2929.18 5,421
of the Revised Code. The sentence shall not impose an 5,422
unnecessary burden on state or local government resources. 5,423
If the offender is eligible to be sentenced to community 5,425
control sanctions, the court shall consider the appropriateness 5,427
of imposing a financial sanction pursuant to section 2929.18 of 5,428
the Revised Code or a sanction of community service pursuant to 5,430
section 2929.17 of the Revised Code as the sole sanction for the 5,431
offense. Except as otherwise provided in this division, if the 5,432
court is required to impose a mandatory prison term for the 5,433
124
offense for which sentence is being imposed, the court also may 5,434
impose a financial sanction pursuant to section 2929.18 of the 5,435
Revised Code but may not impose any additional sanction or 5,436
combination of sanctions under section 2929.16 or 2929.17 of the 5,437
Revised Code. 5,438
If the offender is being sentenced for a fourth degree 5,440
felony OMVI offense, in addition to the mandatory term of local 5,441
incarceration or the mandatory prison term required for the 5,443
offense by division (G)(1) or (2) of this section, the court 5,445
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 5,448
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 5,450
offender be sentenced to a mandatory term of local incarceration, 5,451
an additional community control sanction or combination of 5,453
community control sanctions under section 2929.16 or 2929.17 of 5,454
the Revised Code; 5,455
(2) If division (G)(2) of this section requires that the 5,457
offender be sentenced to a mandatory prison term, an additional 5,458
prison term as described in division (D)(4) of section 2929.14 of 5,459
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 5,462
(G) of this section, in sentencing an offender for a felony of 5,463
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 5,465
(a) In committing the offense, the offender caused 5,467
physical harm to a person. 5,468
(b) In committing the offense, the offender attempted to 5,471
cause or made an actual threat of physical harm to a person with 5,472
a deadly weapon.
(c) In committing the offense, the offender attempted to 5,475
cause or made an actual threat of physical harm to a person, and 5,476
the offender previously was convicted of an offense that caused 5,477
physical harm to a person.
125
(d) The offender held a public office or position of trust 5,480
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 5,481
or to bring those committing it to justice; or the offender's 5,482
professional reputation or position facilitated the offense or 5,483
was likely to influence the future conduct of others. 5,484
(e) The offender committed the offense for hire or as part 5,486
of an organized criminal activity. 5,487
(f) The offense is a sex offense that is a fourth or fifth 5,490
degree felony violation of section 2907.03, 2907.04, 2907.05, 5,491
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 5,492
Revised Code.
(g) The offender previously served a prison term. 5,494
(h) The offender previously was subject to a community 5,496
control sanction, and the offender committed another THE offense 5,498
while under the A COMMUNITY CONTROL sanction, WHILE ON PROBATION, 5,499
OR WHILE RELEASED FROM CUSTODY ON A BOND OR PERSONAL 5,500
RECOGNIZANCE.
(i) THE OFFENDER COMMITTED THE OFFENSE WHILE IN POSSESSION 5,502
OF A FIREARM. 5,503
(2)(a) If the court makes a finding described in division 5,506
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h), OR (i) of this 5,507
section and if the court, after considering the factors set forth 5,509
in section 2929.12 of the Revised Code, finds that a prison term 5,510
is consistent with the purposes and principles of sentencing set 5,511
forth in section 2929.11 of the Revised Code and finds that the 5,513
offender is not amenable to an available community control 5,514
sanction, the court shall impose a prison term upon the offender. 5,515
(b) Except as provided in division (E), (F), or (G) of 5,517
this section, if the court does not make a finding described in 5,519
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h), OR (i) 5,520
of this section and if the court, after considering the factors 5,522
set forth in section 2929.12 of the Revised Code, finds that a 5,524
community control sanction or combination of community control 5,525
126
sanctions is consistent with the purposes and principles of 5,526
sentencing set forth in section 2929.11 of the Revised Code, the 5,529
court shall impose a community control sanction or combination of 5,530
community control sanctions upon the offender. 5,531
(C) Except as provided in division (E) or (F) of this 5,534
section, in determining whether to impose a prison term as a 5,535
sanction for a felony of the third degree or a felony drug 5,536
offense that is a violation of a provision of Chapter 2925. of 5,538
the Revised Code and that is specified as being subject to this 5,541
division for purposes of sentencing, the sentencing court shall 5,542
comply with the purposes and principles of sentencing under 5,543
section 2929.11 of the Revised Code and with section 2929.12 of 5,546
the Revised Code.
(D) Except as provided in division (E) or (F) of this 5,549
section, for a felony of the first or second degree and for a 5,550
felony drug offense that is a violation of any provision of 5,551
Chapter 2925., 3719., or 4729. of the Revised Code for which a 5,552
presumption in favor of a prison term is specified as being 5,553
applicable, it is presumed that a prison term is necessary in 5,554
order to comply with the purposes and principles of sentencing 5,555
under section 2929.11 of the Revised Code. Notwithstanding the 5,556
presumption established under this division, the sentencing court 5,557
may impose a community control sanction or a combination of 5,558
community control sanctions instead of a prison term on an 5,559
offender for a felony of the first or second degree or for a 5,560
felony drug offense that is a violation of any provision of 5,561
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 5,562
applicable if it makes both of the following findings: 5,564
(1) A community control sanction or a combination of 5,566
community control sanctions would adequately punish the offender 5,568
and protect the public from future crime, because the applicable 5,569
factors under section 2929.12 of the Revised Code indicating a 5,571
lesser likelihood of recidivism outweigh the applicable factors 5,573
127
under that section indicating a greater likelihood of recidivism. 5,575
(2) A community control sanction or a combination of 5,577
community control sanctions would not demean the seriousness of 5,579
the offense, because one or more factors under section 2929.12 of 5,580
the Revised Code that indicate that the offender's conduct was 5,581
less serious than conduct normally constituting the offense are 5,582
applicable, and they outweigh the applicable factors under that 5,583
section that indicate that the offender's conduct was more 5,584
serious than conduct normally constituting the offense. 5,585
(E)(1) Except as provided in division (F) of this section, 5,588
for any drug offense that is a violation of any provision of 5,589
Chapter 2925. of the Revised Code and that is a felony of the 5,590
third, fourth, or fifth degree, the applicability of a 5,591
presumption under division (D) of this section in favor of a 5,592
prison term or of division (B) or (C) of this section in 5,593
determining whether to impose a prison term for the offense shall 5,595
be determined as specified in section 2925.02, 2925.03, 2925.04, 5,596
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 5,597
2925.36, or 2925.37 of the Revised Code, whichever is applicable 5,600
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 5,602
to a felony drug offense in violation of a provision of Chapter 5,603
2925., 3719., or 4729. of the Revised Code violates the 5,604
conditions of a community control sanction imposed for the 5,605
offense solely by possessing or using a controlled substance and 5,607
if the offender has not failed to meet the conditions of any drug 5,609
treatment program in which the offender was ordered to
participate as a sanction for the offense REASON OF PRODUCING 5,611
POSITIVE RESULTS ON A DRUG TEST, the court, as punishment for the 5,612
violation of the sanction, shall NOT order that the offender BE 5,614
IMPRISONED UNLESS THE COURT DETERMINES ON THE RECORD EITHER OF 5,615
THE FOLLOWING:
(a) THE OFFENDER HAD BEEN ORDERED AS A SANCTION FOR THE 5,617
FELONY TO participate in a drug treatment program, IN A DRUG 5,620
128
EDUCATION PROGRAM, or in alcoholics anonymous, narcotics 5,622
anonymous, or a similar program if the court determines that an 5,623
order of that nature is, AND THE OFFENDER CONTINUED TO USE 5,624
ILLEGAL DRUGS AFTER A REASONABLE PERIOD OF PARTICIPATION IN THE 5,626
PROGRAM.
(b) THE IMPRISONMENT OF THE OFFENDER FOR THE VIOLATION IS 5,628
consistent with the purposes and principles of sentencing set 5,629
forth in section 2929.11 of the Revised Code. If the court 5,630
determines that an order of that nature would not be consistent 5,631
with those purposes and principles or if the offender violated 5,632
the conditions of a drug treatment program in which the offender 5,633
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 5,634
sanction, including a prison term. 5,635
(F) Notwithstanding divisions (A) to (E) of this section, 5,638
the court shall impose a prison term or terms under sections 5,639
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 5,640
Revised Code and except as specifically provided in section 5,641
2929.20 OR 2967.191 of the Revised Code or when parole is 5,642
authorized for the offense under section 2967.13 of the Revised 5,643
Code, shall not reduce the terms pursuant to section 2929.20, 5,644
section 2967.193, or any other provision of Chapter 2967. or 5,646
Chapter 5120. of the Revised Code for any of the following 5,647
offenses: 5,648
(1) Aggravated murder when death is not imposed or murder; 5,650
(2) Any rape, regardless of whether force was involved and 5,652
regardless of the age of the victim, or an attempt to commit rape 5,653
by force when the victim is under thirteen years of age; 5,656
(3) Gross sexual imposition or sexual battery, if the 5,658
victim is under thirteen years of age, if the offender previously 5,660
was convicted of or pleaded guilty to rape, the former offense of 5,661
felonious sexual penetration, gross sexual imposition, or sexual 5,662
battery, and if the victim of the previous offense was under 5,664
thirteen years of age;
129
(4) A felony violation of section 2903.04, 2903.06, 5,666
2903.07, or 2903.08 of the Revised Code if the section requires 5,667
the imposition of a prison term; 5,668
(5) A first, second, or third degree felony drug offense 5,671
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 5,672
4729.99 of the Revised Code, whichever is applicable regarding 5,674
the violation, requires the imposition of a mandatory prison 5,675
term;
(6) Any offense that is a first or second degree felony 5,677
and that is not set forth in division (F)(1), (2), (3), or (4) of 5,679
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 5,681
degree felony, or an offense under an existing or former law of 5,682
this state, another state, or the United States that is or was 5,683
substantially equivalent to one of those offenses;
(7) ANY OFFENSE THAT IS A THIRD DEGREE FELONY AND THAT IS 5,685
LISTED IN DIVISION (DD)(1) OF SECTION 2929.01 OF THE REVISED CODE 5,686
IF THE OFFENDER PREVIOUSLY WAS CONVICTED OF OR PLEADED GUILTY TO 5,687
ANY OFFENSE THAT IS LISTED IN DIVISION (DD)(2)(a)(i) OR (ii) OF 5,688
SECTION 2929.01 OF THE REVISED CODE; 5,689
(8) Any offense, other than a violation of section 2923.12 5,691
of the Revised Code, that is a felony, if the offender had a 5,693
firearm on or about the offender's person or under the offender's 5,694
control while committing the felony, with respect to a portion of 5,695
the sentence imposed pursuant to division (D)(1)(a) of section 5,697
2929.14 of the Revised Code for having the firearm;
(8)(9) Corrupt activity in violation of section 2923.32 of 5,699
the Revised Code when the most serious offense in the pattern of 5,701
corrupt activity that is the basis of the offense is a felony of 5,702
the first degree;
(9)(10) Any sexually violent offense for which the 5,704
offender also is convicted of or pleads guilty to a sexually 5,706
violent predator specification that was included in the 5,707
130
indictment, count in the indictment, or information charging the 5,708
sexually violent offense;
(10)(11) A violation of division (A)(1) or (2) of section 5,710
2921.36 of the Revised Code, or a violation of division (C) of 5,713
that section involving an item listed in division (A)(1) or (2) 5,714
of that section, if the offender is an officer or employee of the 5,715
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 5,718
if an offender is being sentenced for a fourth degree felony OMVI 5,719
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 5,720
accordance with the following: 5,721
(1) Except as provided in division (G)(2) of this section, 5,723
the court shall impose upon the offender a mandatory term of 5,724
local incarceration of sixty days as specified in division (A)(4) 5,725
of section 4511.99 of the Revised Code and shall not reduce the 5,726
term pursuant to section 2929.20, 2967.193, or any other 5,727
provision of the Revised Code. The court that imposes a 5,728
mandatory term of local incarceration under this division shall 5,729
specify whether the term is to be served in a jail, a 5,730
community-based correctional facility, a halfway house, or an 5,731
alternative residential facility, and the offender shall serve 5,732
the term in the type of facility specified by the court. The 5,733
court shall not sentence the offender to a prison term and shall 5,734
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 5,735
incarceration imposed under division (G)(1) of this section is 5,736
not subject to extension under section 2967.11 of the Revised 5,737
Code, to a period of post-release control under section 2967.28 5,738
of the Revised Code, or to any other Revised Code provision that 5,739
pertains to a prison term.
(2) If the offender previously has been sentenced to a 5,741
mandatory term of local incarceration pursuant to division (G)(1) 5,742
of this section for a fourth degree felony OMVI offense, the 5,743
131
court shall impose upon the offender a mandatory prison term of 5,744
sixty days as specified in division (A)(4) of section 4511.99 of 5,745
the Revised Code and shall not reduce the term pursuant to 5,746
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 5,747
to a mandatory term of local incarceration pursuant to division 5,748
(G)(1) of this section for a fourth degree felony OMVI offense be 5,749
sentenced to another mandatory term of local incarceration under 5,750
that division for a fourth degree felony OMVI offense. The court 5,751
shall not sentence the offender to a community control sanction 5,752
under section 2929.16 or 2929.17 of the Revised Code. The 5,753
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 5,754
intensive program prison established pursuant to section 5120.033 5,755
of the Revised Code if the department gave the sentencing judge 5,756
prior notice of its intent to place the offender in an intensive 5,757
program prison established under that section and if the judge 5,758
did not notify the department that the judge disapproved the 5,759
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 5,760
that is privately operated and managed by a contractor pursuant 5,761
to a contract entered into under section 9.06 of the Revised 5,762
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 5,764
make a reasonable effort to ensure that a sufficient number of 5,765
offenders sentenced to a mandatory prison term under this 5,766
division are placed in the privately operated and managed prison 5,767
so that the privately operated and managed prison has full 5,768
occupancy.
(b) Unless the privately operated and managed prison has 5,770
full occupancy, the department of rehabilitation and correction 5,771
shall not place any offender sentenced to a mandatory prison term 5,772
under this division in any intensive program prison established 5,773
pursuant to section 5120.033 of the Revised Code other than the 5,775
132
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 5,778
oriented offense committed on or after January 1, 1997, the judge 5,779
shall require the offender to submit to a DNA specimen collection 5,781
procedure pursuant to section 2901.07 of the Revised Code if 5,783
either of the following applies:
(1) The offense was a sexually violent offense, and the 5,785
offender also was convicted of or pleaded guilty to a sexually 5,786
violent predator specification that was included in the 5,787
indictment, count in the indictment, or information charging the 5,788
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 5,790
offense determines pursuant to division (B) of section 2950.09 of 5,791
the Revised Code that the offender is a sexual predator. 5,792
(I) If an offender is being sentenced for a sexually 5,795
oriented offense committed on or after January 1, 1997, the judge 5,796
shall include in the sentence a summary of the offender's duty to 5,798
register pursuant to section 2950.04 of the Revised Code, the 5,799
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 5,800
section 2950.05 of the Revised Code, the offender's duty to 5,801
periodically verify the offender's current residence address 5,802
pursuant to section 2950.06 of the Revised Code, and the duration 5,803
of the duties. The judge shall inform the offender, at the time 5,804
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 5,806
Code, shall perform the duties specified in that section. 5,807
(J)(1) EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS 5,811
SECTION, WHEN CONSIDERING SENTENCING FACTORS UNDER THIS SECTION 5,812
IN RELATION TO AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 5,813
TO AN ATTEMPT TO COMMIT AN OFFENSE IN VIOLATION OF SECTION 5,814
2923.02 OF THE REVISED CODE, THE SENTENCING COURT SHALL CONSIDER 5,816
THE FACTORS APPLICABLE TO THE FELONY CATEGORY OF THE VIOLATION OF 5,817
SECTION 2923.02 OF THE REVISED CODE INSTEAD OF THE FACTORS 5,819
133
APPLICABLE TO THE FELONY CATEGORY OF THE OFFENSE ATTEMPTED. 5,821
(2) WHEN CONSIDERING SENTENCING FACTORS UNDER THIS SECTION 5,824
IN RELATION TO AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 5,825
TO AN ATTEMPT TO COMMIT A DRUG ABUSE OFFENSE FOR WHICH THE 5,826
PENALTY IS DETERMINED BY THE AMOUNT OR NUMBER OF UNIT DOSES OF 5,827
THE CONTROLLED SUBSTANCE INVOLVED IN THE DRUG ABUSE OFFENSE, THE 5,828
SENTENCING COURT SHALL CONSIDER THE FACTORS APPLICABLE TO THE 5,829
FELONY CATEGORY THAT THE DRUG ABUSE OFFENSE ATTEMPTED WOULD BE IF 5,830
THAT DRUG ABUSE OFFENSE HAD BEEN COMMITTED AND HAD INVOLVED AN 5,831
AMOUNT OR NUMBER OF UNIT DOSES OF THE CONTROLLED SUBSTANCE THAT 5,832
IS WITHIN THE NEXT LOWER RANGE OF CONTROLLED SUBSTANCE AMOUNTS
THAN WAS INVOLVED IN THE ATTEMPT. 5,834
(K) AS USED IN THIS SECTION, "DRUG ABUSE OFFENSE" HAS THE 5,837
SAME MEANING AS IN SECTION 2925.01 OF THE REVISED CODE. 5,839
Sec. 2929.14. (A) Except as provided in division (C), 5,849
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 5,850
relation to an offense for which a sentence of death or life 5,851
imprisonment is to be imposed, if the court imposing a sentence 5,852
upon an offender for a felony elects or is required to impose a 5,853
prison term on the offender pursuant to this chapter and is not 5,854
prohibited by division (G)(1) of section 2929.13 of the Revised 5,855
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 5,857
(1) For a felony of the first degree, the prison term 5,859
shall be three, four, five, six, seven, eight, nine, or ten 5,860
years. 5,861
(2) For a felony of the second degree, the prison term 5,863
shall be two, three, four, five, six, seven, or eight years. 5,864
(3) For a felony of the third degree, the prison term 5,866
shall be one, two, three, four, or five years. 5,867
(4) For a felony of the fourth degree, the prison term 5,869
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 5,870
fourteen, fifteen, sixteen, seventeen, or eighteen months. 5,871
(5) For a felony of the fifth degree, the prison term 5,873
134
shall be six, seven, eight, nine, ten, eleven, or twelve months. 5,875
(B) Except as provided in division (C), (D)(2), (D)(3), or 5,878
(G) of this section, in section 2907.02 of the Revised Code, or 5,879
in Chapter 2925. of the Revised Code, if the court imposing a 5,881
sentence upon an offender for a felony elects or is required to 5,882
impose a prison term on the offender and if the offender 5,883
previously has not served a prison term, the court shall impose 5,884
the shortest prison term authorized for the offense pursuant to 5,885
division (A) of this section, unless the court finds on the 5,886
record that the shortest prison term will demean the seriousness 5,887
of the offender's conduct or will not adequately protect the 5,888
public from future crime by the offender or others. 5,889
(C) Except as provided in division (G) of this section or 5,891
in Chapter 2925. of the Revised Code, the court imposing a 5,892
sentence upon an offender for a felony may impose the longest 5,893
prison term authorized for the offense pursuant to division (A) 5,894
of this section only upon offenders who committed the worst forms 5,895
of the offense, upon offenders who pose the greatest likelihood 5,896
of committing future crimes, upon certain major drug offenders 5,897
under division (D)(3) of this section, and upon certain repeat 5,898
violent offenders in accordance with division (D)(2) of this 5,900
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b)(d) 5,903
of this section, if an offender who is convicted of or pleads 5,904
guilty to a felony also is convicted of or pleads guilty to a 5,905
specification of the type described in section 2941.141, 5,906
2941.144, OR 2941.145 of the Revised Code, THE COURT SHALL IMPOSE 5,908
ON THE OFFENDER ONE OF THE FOLLOWING PRISON TERMS: 5,909
(i) A PRISON TERM OF SIX YEARS IF THE SPECIFICATION IS OF 5,911
THE TYPE DESCRIBED IN SECTION 2941.144 OF THE REVISED CODE that 5,913
charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or silencer 5,914
on or about the offender's person or under the offender's control 5,916
while committing the felony, a;
135
(ii) A PRISON TERM OF THREE YEARS IF THE specification IS 5,919
of the type described in section 2941.145 of the Revised Code 5,921
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while 5,922
committing the offense and displaying the firearm, brandishing 5,924
the firearm, indicating that the offender possessed the firearm, 5,925
or using it to facilitate the offense, or a; 5,927
(iii) A PRISON TERM OF ONE YEAR IF THE specification IS of 5,930
the type described in section 2941.141 of the Revised Code that 5,932
charges the offender with having a firearm on or about the
offender's person or under the offender's control while 5,933
committing the felony, the. 5,934
(b) IF A court, after imposing IMPOSES a prison term on 5,937
the AN offender for the felony under division (A), (D)(2), or 5,940
(D)(3)(D)(1)(a) of this section, shall impose an additional THE 5,941
prison term, determined pursuant to this division, that shall not 5,943
be reduced pursuant to section 2929.20, section 2967.193, or any 5,945
other provision of Chapter 2967. or Chapter 5120. of the Revised 5,946
Code. If the specification is of the type described in section 5,948
2941.144 of the Revised Code, the additional prison term shall be 5,949
six years. If the specification is of the type described in 5,951
section 2941.145 of the Revised Code, the additional prison term 5,953
shall be three years. If the specification is of the type 5,954
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 5,957
than one additional prison term on an offender under this 5,958
division (D)(1)(a) OF THIS SECTION for felonies committed as part 5,959
of the same act or transaction. If a court imposes an additional 5,960
prison term under division (D)(1)(a)(ii) of this section, the 5,961
court is not precluded from imposing an additional prison term 5,962
under this division.
(ii)(c) Except as provided in division (D)(1)(b)(d) of 5,966
this section, if an offender who is convicted of or pleads guilty 5,967
to a violation of section 2923.161 of the Revised Code or to a 5,969
136
felony that includes, as an essential element, purposely or 5,970
knowingly causing or attempting to cause the death of or physical 5,971
harm to another, also is convicted of or pleads guilty to a 5,972
specification of the type described in section 2941.146 of the 5,973
Revised Code that charges the offender with committing the 5,976
offense by discharging a firearm from a motor vehicle, as defined 5,977
in section 4501.01 of the Revised Code, other than a manufactured 5,979
home, as defined in section 4501.01 of the Revised Code, the 5,982
court, after imposing a prison term on the offender for the 5,983
violation of section 2923.161 of the Revised Code or for the 5,985
other felony offense under division (A), (D)(2), or (D)(3) of 5,986
this section, shall impose an additional prison term of five 5,987
years upon the offender that shall not be reduced pursuant to 5,988
section 2929.20, section 2967.193, or any other provision of 5,989
Chapter 2967. or Chapter 5120. of the Revised Code. A court 5,990
shall not impose more than one additional prison term on an 5,991
offender under this division (D)(1)(c) OF THIS SECTION for 5,992
felonies committed as part of the same act or transaction. If a 5,994
court imposes an additional prison term on an offender under this 5,995
division (D)(1)(c) OF THIS SECTION relative to an offense, the 5,996
court also shall impose an additional A prison term under 5,997
division (D)(1)(a)(i) of this section relative to the same 5,999
offense, provided the criteria specified in that division for 6,000
imposing an additional prison term are satisfied relative to the
offender and the offense. 6,001
(b)(d) The court shall not impose any of the additional 6,004
prison terms described in division (D)(1)(a) of this section OR 6,007
ANY OF THE ADDITIONAL PRISON TERMS DESCRIBED IN DIVISION 6,008
(D)(1)(c) OF THIS SECTION upon an offender for a violation of 6,010
section 2923.12 or 2923.123 of the Revised Code. The court shall 6,011
not impose any of the additional prison terms described in that 6,012
division (D)(1)(a) OF THIS SECTION OR ANY OF THE ADDITIONAL 6,014
PRISON TERMS DESCRIBED IN DIVISION (D)(1)(c) OF THIS SECTION upon 6,016
an offender for a violation of section 2923.13 of the Revised 6,017
137
Code unless all of the following apply:
(i) The offender previously has been convicted of 6,020
aggravated murder, murder, or any felony of the first or second 6,021
degree.
(ii) Less than five years have passed since the offender 6,024
was released from prison or post-release control, whichever is 6,025
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 6,028
to a felony also is convicted of or pleads guilty to a 6,029
specification of the type described in section 2941.149 of the 6,030
Revised Code that the offender is a repeat violent offender, the 6,033
court shall impose a prison term from the range of terms 6,034
authorized for the offense under division (A) of this section 6,035
that may be the longest term in the range and that shall not be 6,036
reduced pursuant to section 2929.20, section 2967.193, or any 6,038
other provision of Chapter 2967. or Chapter 5120. of the Revised 6,039
Code. If the court finds that the repeat violent offender, in 6,041
committing the offense, caused any physical harm that carried a 6,042
substantial risk of death to a person or that involved 6,043
substantial permanent incapacity or substantial permanent 6,044
disfigurement of a person, the court shall impose the longest 6,045
prison term from the range of terms authorized for the offense 6,047
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 6,050
violent offender imposes the longest prison term from the range 6,051
of terms authorized for the offense under division (A) of this 6,052
section, the court may impose on the offender an additional 6,053
definite prison term of one, two, three, four, five, six, seven, 6,054
eight, nine, or ten years if the court finds that both of the 6,055
following apply with respect to the prison terms imposed on the 6,056
offender pursuant to division (D)(2)(a) of this section and, if 6,057
applicable, divisions (D)(1) and (3) of this section: 6,058
(i) The terms so imposed are inadequate to punish the 6,061
offender and protect the public from future crime, because the 6,062
138
applicable factors under section 2929.12 of the Revised Code 6,065
indicating a greater likelihood of recidivism outweigh the 6,067
applicable factors under that section indicating a lesser
likelihood of recidivism. 6,068
(ii) The terms so imposed are demeaning to the seriousness 6,071
of the offense, because one or more of the factors under section 6,072
2929.12 of the Revised Code indicating that the offender's 6,073
conduct is more serious than conduct normally constituting the 6,074
offense are present, and they outweigh the applicable factors 6,075
under that section indicating that the offender's conduct is less 6,077
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 6,080
section 2903.01 or 2907.02 of the Revised Code and the penalty 6,081
imposed for the violation is life imprisonment or commits a 6,082
violation of section 2903.02 of the Revised Code, if the offender 6,083
commits a violation of section 2925.03, 2925.04, or 2925.11 of 6,084
the Revised Code and that section CLASSIFIES THE OFFENDER AS A 6,085
MAJOR DRUG OFFENDER AND requires the imposition of a ten-year 6,087
prison term on the offender or, if a THE OFFENDER COMMITS A 6,089
FELONY VIOLATION OF SECTION 2925.02, 2925.04, 2925.05, 2925.36, 6,090
3719.07, 3719.08, 3719.16, 3719.161, 4729.37, OR 4729.61, 6,091
DIVISION (C) OR (D) OF SECTION 3719.172, DIVISION (C) OF SECTION 6,092
4729.51, OR DIVISION (J) OF SECTION 4729.54 OF THE REVISED CODE 6,093
THAT INCLUDES THE SALE, OFFER TO SELL, OR POSSESSION OF A
SCHEDULE I OR II CONTROLLED SUBSTANCE, WITH THE EXCEPTION OF 6,094
MARIHUANA, AND THE court imposing a sentence upon an THE offender 6,096
for a felony finds that the offender is guilty of a specification 6,098
of the type described in section 2941.1410 of the Revised Code, 6,099
CHARGING that the offender is a major drug offender, OR IF THE 6,101
COURT IMPOSING SENTENCE UPON AN OFFENDER FOR A FELONY FINDS THAT 6,102
THE OFFENDER is guilty of corrupt activity with the most serious 6,103
offense in the pattern of corrupt activity being a felony of the 6,104
first degree, or is guilty of an attempted forcible violation of 6,105
section 2907.02 of the Revised Code with the victim being under 6,106
139
thirteen years of age and that attempted violation is the felony 6,107
for which sentence is being imposed, the court shall impose upon 6,108
the offender for the felony violation a ten-year prison term that 6,109
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 6,111
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 6,114
division (D)(3)(a) of this section may impose an additional 6,115
prison term of one, two, three, four, five, six, seven, eight, 6,116
nine, or ten years, if the court, with respect to the term 6,117
imposed under division (D)(3)(a) of this section and, if 6,118
applicable, divisions (D)(1) and (2) of this section, makes both 6,120
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 6,121
this section.
(4) If the offender is being sentenced for a fourth degree 6,123
felony OMVI offense and if division (G)(2) of section 2929.13 of 6,125
the Revised Code requires the sentencing court to impose upon the 6,126
offender a mandatory prison term, the sentencing court shall 6,127
impose upon the offender a mandatory prison term in accordance 6,128
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 6,129
prison term of any duration specified in division (A)(4) of this 6,130
section minus the sixty days imposed upon the offender as the 6,131
mandatory prison term. The total of the additional prison term 6,132
imposed under division (D)(4) of this section plus the sixty days 6,133
imposed as the mandatory prison term shall equal one of the 6,134
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 6,135
division (D)(4) of this section, the offender shall serve the 6,136
additional prison term after the offender has served the 6,137
mandatory prison term required for the offense. The court shall 6,138
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 6,139
(E)(1) If a mandatory prison term is imposed upon an 6,142
offender pursuant to division (D)(1)(a) of this section for 6,143
140
having a firearm on or about the offender's person or under the
offender's control while committing a felony or, if a mandatory 6,145
prison term is imposed upon an offender pursuant to division 6,147
(D)(1)(b)(d) of this section for committing a felony specified in 6,148
that division by discharging a firearm from a motor vehicle, OR 6,149
IF BOTH TYPES OF MANDATORY PRISON TERMS ARE IMPOSED, the offender 6,150
shall serve the ANY mandatory prison term IMPOSED UNDER EITHER 6,152
DIVISION CONSECUTIVELY TO ANY OTHER MANDATORY PRISON TERM IMPOSED 6,153
UNDER EITHER DIVISION AND SHALL SERVE ALL MANDATORY PRISON TERMS 6,154
IMPOSED UNDER THOSE DIVISIONS consecutively to and prior to the 6,155
ANY prison term imposed for the underlying felony pursuant to 6,156
division (A), (D)(2), or (D)(3) of this section or any other 6,157
section of the Revised Code and consecutively to any other prison 6,158
term or mandatory prison term previously or subsequently imposed 6,160
upon the offender. 6,161
(2) If an offender who is an inmate in a jail, prison, or 6,164
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 6,166
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 6,167
offender who is an inmate in a jail, prison, or other residential 6,168
detention facility or is under detention at a detention facility 6,169
commits another felony while the offender is an escapee in 6,171
violation of section 2921.34 of the Revised Code, any prison term 6,173
imposed upon the offender for one of those violations shall be 6,174
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 6,176
committed that offense and to any other prison term previously or 6,177
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 6,178
meanings as in section 2921.01 of the Revised Code. 6,179
(3) If a prison term is imposed for a violation of 6,181
division (B) of section 2911.01 of the Revised Code or if a 6,183
prison term is imposed for a felony violation of division (B) of 6,184
141
section 2921.331 of the Revised Code, the offender shall serve
that prison term consecutively to any other prison term or 6,186
mandatory prison term previously or subsequently imposed upon the 6,187
offender.
(4) If multiple prison terms are imposed on an offender 6,189
for convictions of multiple offenses, the court may require the 6,190
offender to serve the prison terms consecutively if the court 6,191
finds that the consecutive service is necessary to protect the 6,192
public from future crime or to punish the offender and that 6,193
consecutive sentences are not disproportionate to the seriousness 6,194
of the offender's conduct and to the danger the offender poses to 6,196
the public, and if the court also finds any of the following: 6,197
(a) The offender committed the multiple offenses while the 6,200
offender was awaiting trial or sentencing, was under a sanction 6,201
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 6,202
Revised Code, or was under post-release control for a prior 6,203
offense.
(b) The harm caused by the multiple offenses was so great 6,206
or unusual that no single prison term for any of the offenses 6,207
committed as part of a single course of conduct adequately 6,208
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 6,210
demonstrates that consecutive sentences are necessary to protect 6,211
the public from future crime by the offender. 6,212
(5) When consecutive prison terms are imposed pursuant to 6,215
division (E)(1), (2), (3), or (4) of this section, the term to be 6,216
served is the aggregate of all of the terms so imposed. 6,217
(F) If a court imposes a prison term of a type described 6,220
in division (B) of section 2967.28 of the Revised Code, it shall 6,221
include in the sentence a requirement that the offender be 6,222
subject to a period of post-release control after the offender's 6,223
release from imprisonment, in accordance with that division. If 6,224
a court imposes a prison term of a type described in division (C) 6,225
of that section, it shall include in the sentence a requirement 6,226
142
that the offender be subject to a period of post-release control 6,227
after the offender's release from imprisonment, in accordance 6,228
with that division, if the parole board determines that a period 6,229
of post-release control is necessary. 6,230
(G) If a person is convicted of or pleads guilty to a 6,232
sexually violent offense and also is convicted of or pleads 6,233
guilty to a sexually violent predator specification that was 6,234
included in the indictment, count in the indictment, or 6,235
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 6,236
the Revised Code, and Chapter 2971. of the Revised Code applies 6,237
regarding the prison term or term of life imprisonment without 6,238
parole imposed upon the offender and the service of that term of 6,239
imprisonment.
(H) If a person who has been convicted of or pleaded 6,241
guilty to a felony is sentenced to a prison term or term of 6,242
imprisonment under this section, sections 2929.02 to 2929.06 of 6,243
the Revised Code, section 2971.03 of the Revised Code, or any 6,244
other provision of law, section 5120.163 of the Revised Code 6,245
applies regarding the person while the person is confined in a
state correctional institution. 6,246
(I) If an offender who is convicted of or pleads guilty to 6,248
a felony that is an offense of violence also is convicted of or 6,250
pleads guilty to a specification of the type described in section 6,251
2941.142 of the Revised Code that charges the offender with 6,252
having committed the felony while participating in a criminal 6,253
gang, the court shall impose upon the offender an additional 6,254
prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to 6,256
aggravated murder, murder, or a felony of the first, second, or 6,258
third degree that is an offense of violence also is convicted of 6,259
or pleads guilty to a specification of the type described in 6,260
section 2941.143 of the Revised Code that charges the offender 6,262
with having committed the offense in a school safety zone or 6,264
143
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The 6,265
offender shall serve the additional two years consecutively to 6,266
and prior to the prison term imposed for the underlying offense. 6,267
(K) AT THE TIME OF SENTENCING, THE COURT SHALL DETERMINE 6,269
IF AN OFFENDER IS ELIGIBLE FOR PLACEMENT IN A PROGRAM OF SHOCK 6,270
INCARCERATION UNDER SECTION 5120.031 OF THE REVISED CODE OR IS 6,271
ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON UNDER 6,272
SECTION 5120.032 OF THE REVISED CODE. THE COURT MAY RECOMMEND
THE OFFENDER FOR PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION, 6,273
IF ELIGIBLE, OR FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON, IF 6,274
ELIGIBLE, DISAPPROVE PLACEMENT OF THE OFFENDER IN A PROGRAM OF 6,275
SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON, REGARDLESS 6,276
OF ELIGIBILITY, OR MAKE NO RECOMMENDATION ON PLACEMENT OF THE 6,277
OFFENDER.
IF THE COURT DISAPPROVES PLACEMENT OF THE OFFENDER IN A 6,279
PROGRAM OR PRISON OF THAT NATURE, THE DEPARTMENT OF 6,280
REHABILITATION AND CORRECTION SHALL NOT PLACE THE OFFENDER IN ANY 6,281
PROGRAM OF SHOCK INCARCERATION OR INTENSIVE PROGRAM PRISON. 6,282
IF THE COURT APPROVES PLACEMENT OF THE OFFENDER IN A 6,284
PROGRAM OF SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON, 6,285
THE DEPARTMENT SHALL NOTIFY THE COURT IF THE OFFENDER IS 6,286
SUBSEQUENTLY PLACED IN THE RECOMMENDED PROGRAM OR PRISON AND 6,287
SHALL INCLUDE WITH THE NOTICE A BRIEF DESCRIPTION OF THE
PLACEMENT.
IF THE COURT APPROVES PLACEMENT OF THE OFFENDER IN A 6,289
PROGRAM OF SHOCK INCARCERATION OR IN AN INTENSIVE PROGRAM PRISON 6,290
AND THE DEPARTMENT DOES NOT SUBSEQUENTLY PLACE THE OFFENDER IN 6,291
THE RECOMMENDED PROGRAM OR PRISON, THE DEPARTMENT SHALL SEND A 6,292
NOTICE TO THE COURT INDICATING WHY THE OFFENDER WAS NOT PLACED IN 6,293
THE RECOMMENDED PROGRAM OR PRISON.
IF THE COURT DOES NOT MAKE A RECOMMENDATION UNDER THIS 6,295
DIVISION WITH RESPECT TO AN ELIGIBLE OFFENDER, THE DEPARTMENT 6,296
SHALL SCREEN THE OFFENDER AND DETERMINE IF THERE IS AN AVAILABLE 6,297
144
PROGRAM OF SHOCK INCARCERATION OR AN INTENSIVE PROGRAM PRISON FOR 6,298
WHICH THE OFFENDER IS SUITED. IF THERE IS AN AVAILABLE PROGRAM 6,299
OF SHOCK INCARCERATION OR AN INTENSIVE PROGRAM PRISON FOR WHICH 6,300
THE OFFENDER IS SUITED, THE DEPARTMENT SHALL NOTIFY THE COURT OF
THE PROPOSED PLACEMENT OF THE OFFENDER AND SHALL INCLUDE WITH THE 6,301
NOTICE A BRIEF DESCRIPTION OF THE PLACEMENT. THE COURT SHALL 6,302
HAVE TEN DAYS FROM RECEIPT OF THE NOTICE TO DISAPPROVE THE 6,303
PLACEMENT.
Sec. 2929.15. (A)(1) If in sentencing an offender for a 6,313
felony the court is not required to impose a prison term, a 6,314
mandatory prison term, or a term of life imprisonment upon the 6,315
offender, the court may directly impose a sentence community 6,316
control that consists of one or more community control sanctions 6,317
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 6,318
the Revised Code. If the court is sentencing an offender for a 6,319
fourth degree felony OMVI offense and if it is required to impose 6,320
on the offender a mandatory term of local incarceration pursuant 6,321
to division (G)(1) of section 2929.13 of the Revised Code, in 6,322
addition to the mandatory term of local incarceration and the 6,323
mandatory fine required by division (B)(3) of section 2929.18 of 6,325
the Revised Code, the court may impose upon the offender a
community control sanction or combination of community control 6,326
sanctions in accordance with sections 2929.16 and 2929.17 of the 6,327
Revised Code. The duration of all community control sanctions so 6,329
imposed imposed upon an offender shall not exceed five years. IF 6,331
THE OFFENDER ABSCONDS OR OTHERWISE LEAVES THE JURISDICTION OF THE
COURT IN WHICH THE OFFENDER RESIDES WITHOUT OBTAINING PERMISSION 6,332
FROM THE COURT OR THE OFFENDER'S PROBATION OFFICER TO LEAVE THE 6,333
JURISDICTION OF THE COURT, OR IF THE OFFENDER IS CONFINED IN ANY 6,334
INSTITUTION FOR THE COMMISSION OF ANY OFFENSE WHILE UNDER A 6,335
COMMUNITY CONTROL SANCTION, THE PERIOD OF THE COMMUNITY CONTROL
SANCTION CEASES TO RUN UNTIL THE OFFENDER IS BROUGHT BEFORE THE 6,336
COURT FOR ITS FURTHER ACTION. If the court sentences the 6,338
offender to one or more nonresidential sanctions under section 6,339
145
2929.17 of the Revised Code, the court shall comply with division 6,340
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 6,341
mandatory AS A condition described in that division OF THE 6,343
NONRESIDENTIAL SANCTIONS THAT, DURING THE PERIOD OF THE
SANCTIONS, THE OFFENDER MUST ABIDE BY THE LAW AND MUST NOT LEAVE 6,344
THE STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S 6,345
PROBATION OFFICER. The court may impose any other conditions of 6,347
release under a community control sanction that the court
considers appropriate. If the court is sentencing an offender 6,349
for a fourth degree felony OMVI offense and if it is required to 6,350
impose on the offender a mandatory prison term pursuant to 6,351
division (G)(2) of section 2929.13 of the Revised Code, the court 6,353
shall not impose upon the offender any community control sanction
or combination of community control sanctions under section 6,354
2929.16 or 2929.17 of the Revised Code. 6,355
(2)(a) If a court sentences an offender to any community 6,357
control sanction or combination of community control sanctions 6,358
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 6,359
the Revised Code, the court shall place the offender under the 6,360
general control and supervision of a department of probation in 6,361
the county that serves the court for purposes of reporting to the 6,362
court a violation of any CONDITION of the sanctions or the 6,363
mandatory condition imposed under division (C)(1)(b) of section 6,365
2951.02 of the Revised Code, A VIOLATION OF LAW, OR THE DEPARTURE 6,366
OF THE OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE 6,367
COURT OR THE OFFENDER'S PROBATION OFFICER. Alternatively, if the 6,369
offender resides in another county and a county department of
probation has been established in that county or that county is 6,371
served by a multicounty probation department established under 6,372
section 2301.27 of the Revised Code, the court may request the 6,373
court of common pleas of that county to receive the offender into 6,374
the general control and supervision of that county or multicounty 6,376
department of probation for purposes of reporting to the court a 6,377
violation of any CONDITION of the sanctions, or the mandatory 6,378
146
condition imposed under division (C)(1)(b) of section 2951.02 of 6,379
the Revised Code A VIOLATION OF LAW, OR THE DEPARTURE OF THE 6,380
OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE COURT OR 6,381
THE OFFENDER'S PROBATION OFFICER, subject to the jurisdiction of
the trial judge over and with respect to the person of the 6,384
offender, and to the rules governing that department of 6,385
probation.
If there is no department of probation in the county that 6,388
serves the court, the court shall place the offender, regardless 6,389
of the offender's county of residence, under the general control 6,390
and supervision of the adult parole authority for purposes of 6,391
reporting to the court a violation of any of the sanctions or the 6,392
mandatory condition imposed under division (C)(1)(b) of section 6,393
2951.02 of the Revised Code, A VIOLATION OF LAW, OR THE DEPARTURE 6,394
OF THE OFFENDER FROM THIS STATE WITHOUT THE PERMISSION OF THE 6,395
COURT OR THE OFFENDER'S PROBATION OFFICER. 6,396
(b) If the court imposing sentence upon an offender 6,398
sentences the offender to any community control sanction or 6,399
combination of community control sanctions authorized pursuant to 6,401
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 6,402
the offender violates any CONDITION of the sanctions or the 6,403
mandatory condition imposed under division (C)(1)(b) of section 6,405
2951.02 of the Revised Code, VIOLATES ANY LAW, OR DEPARTS THE 6,406
STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S 6,407
PROBATION OFFICER, the public or private person or entity that 6,409
operates or administers the sanction or the program or activity 6,410
that comprises the sanction shall report the violation OR 6,411
DEPARTURE directly to the sentencing court, or shall report the 6,412
violation OR DEPARTURE to the county or multicounty department of 6,413
probation with general control and supervision over the offender 6,415
under division (A)(2)(a) of this section or the officer of that 6,416
department who supervises the offender, or, if there is no such 6,417
department with general control and supervision over the offender 6,418
under that division, to the adult parole authority. If the 6,419
147
public or private person or entity that operates or administers 6,420
the sanction or the program or activity that comprises the 6,421
sanction reports the violation OR DEPARTURE to the county or 6,422
multicounty department of probation or the adult parole 6,424
authority, the department's or authority's officers may treat the 6,425
offender as if the offender were on probation and in violation of 6,426
the probation, and shall report the violation of the CONDITION OF 6,427
THE sanction or the mandatory condition imposed under division 6,428
(C)(1)(b) of section 2951.02 of the Revised Code, THE VIOLATION 6,429
OF LAW, OR THE DEPARTURE FROM THE STATE WITHOUT THE REQUIRED 6,430
PERMISSION to the sentencing court. 6,431
(B) If the conditions of a community control sanction or 6,434
the mandatory condition imposed under division (C)(1)(b) of
section 2951.02 of the Revised Code is ARE violated OR IF THE 6,435
OFFENDER VIOLATES A LAW OR LEAVES THE STATE WITHOUT THE 6,436
PERMISSION OF THE COURT OR THE OFFENDER'S PROBATION OFFICER, the 6,437
sentencing court may impose a longer time under the same sanction 6,438
if the total time under the sanctions does not exceed the 6,439
five-year limit specified in division (A) of this section, may 6,440
impose a more restrictive sanction under section 2929.16, 6,441
2929.17, or 2929.18 of the Revised Code, or may impose a prison 6,442
term on the offender pursuant to section 2929.14 of the Revised 6,443
Code. The court shall not eliminate the mandatory condition 6,444
imposed under division (C)(1)(b) of section 2951.02 of the
Revised Code. The prison term, if any, imposed upon a violator 6,446
pursuant to this division shall be within the range of prison 6,447
terms available for the offense for which the sanction that was 6,448
violated was imposed and shall not exceed the prison term 6,449
specified in the notice provided to the offender at the 6,450
sentencing hearing pursuant to division (B)(3) of section 2929.19 6,451
of the Revised Code. The court may reduce the longer period of 6,452
time that the offender is required to spend under the longer 6,453
sanction, the more restrictive sanction, or a prison term imposed 6,454
pursuant to this division by the time the offender successfully 6,455
148
spent under the sanction that was initially imposed. 6,456
(C) If an offender, for a significant period of time, 6,459
fulfills the conditions of a sanction imposed pursuant to section 6,460
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 6,461
manner, the court may reduce the period of time under the 6,462
sanction or impose a less restrictive sanction, but the court 6,463
shall not eliminate the mandatory condition imposed under 6,464
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 6,465
THE STATE WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S 6,466
PROBATION OFFICER.
Sec. 2929.17. The court imposing a sentence for a felony 6,476
upon an offender who is not required to serve a mandatory prison 6,477
term may impose any nonresidential sanction or combination of 6,478
nonresidential sanctions authorized under this section. If the 6,479
court imposes one or more nonresidential sanctions authorized
under this section, the court shall comply with division 6,480
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 6,481
mandatory AS A condition described in that division. The OF THE 6,483
SANCTION THAT, DURING THE PERIOD OF THE NONRESIDENTIAL SANCTION, 6,484
THE OFFENDER SHALL ABIDE BY THE LAW AND SHALL NOT LEAVE THE STATE 6,485
WITHOUT THE PERMISSION OF THE COURT OR THE OFFENDER'S PROBATION 6,486
OFFICER.
THE court imposing a sentence for a fourth degree felony 6,488
OMVI offense upon an offender who is required to serve a 6,490
mandatory term of local incarceration under division (G)(1) of 6,491
section 2929.13 of the Revised Code may impose upon the offender,
in addition to the mandatory term of local incarceration, a 6,492
nonresidential sanction or combination of nonresidential 6,493
sanctions under this section, and the offender shall serve or 6,494
satisfy the sanction or combination of sanctions after the 6,495
offender has served the mandatory term of local incarceration
required for the offense. Nonresidential sanctions include, but 6,496
are not limited to, the following: 6,497
149
(A) A term of day reporting; 6,499
(B) A term of electronically monitored house arrest, a 6,501
term of electronic monitoring without house arrest, or a term of 6,502
house arrest without electronic monitoring; 6,503
(C) A term of community service of up to five hundred 6,505
hours pursuant to division (F) of section 2951.02 of the Revised 6,507
Code or, if the court determines that the offender is financially 6,508
incapable of fulfilling a financial sanction described in section 6,509
2929.18 of the Revised Code, a term of community service as an 6,510
alternative to a financial sanction; 6,511
(D) A term in a drug treatment program with a level of 6,513
security for the offender as determined necessary by the court; 6,514
(E) A term of intensive PROBATION supervision; 6,516
(F) A term of basic PROBATION supervision; 6,518
(G) A term of monitored time; 6,520
(H) A term of drug and alcohol use monitoring; 6,522
(I) A curfew term; 6,524
(J) A requirement that the offender obtain employment; 6,526
(K) A requirement that the offender obtain education or 6,529
training;
(L) Provided the court obtains the prior approval of the 6,531
victim, a requirement that the offender participate in 6,532
victim-offender mediation; 6,533
(M) A license violation report. 6,535
Sec. 2929.18. (A) Except as otherwise provided in this 6,544
division and in addition to imposing court costs pursuant to 6,545
section 2947.23 of the Revised Code, the court imposing a 6,546
sentence upon an offender for a felony may sentence the offender 6,547
to any financial sanction or combination of financial sanctions 6,549
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 6,550
offender a fine in accordance with that section. If the offender 6,551
is sentenced to a sanction of confinement pursuant to section 6,552
2929.14 or 2929.16 of the Revised Code that is to be served in a 6,553
150
facility operated by a board of county commissioners, a 6,554
legislative authority of a municipal corporation, or another 6,555
governmental entity, the court imposing sentence upon an offender 6,556
for a felony shall comply with division (A)(4)(b) of this section 6,557
in determining whether to sentence the offender to a financial 6,558
sanction described in division (A)(4)(a) of this section. 6,559
Financial sanctions that may be imposed pursuant to this section 6,560
include, but are not limited to, the following: 6,561
(1) Restitution by the offender to the victim of the 6,563
offender's crime or any survivor of the victim, in an amount 6,564
based on the victim's economic loss. The court shall order that 6,565
the restitution be made to the adult probation department that 6,566
serves the county on behalf of the victim, to the clerk of 6,567
courts, or to another agency designated by the court, except that 6,568
it may include a requirement that reimbursement be made to third 6,569
parties for amounts paid to or on behalf of the victim or any 6,570
survivor of the victim for economic loss resulting from the 6,571
offense. If reimbursement to third parties is required, the 6,572
reimbursement shall be made to any governmental agency to repay 6,573
any amounts paid by the agency to or on behalf of the victim or 6,574
any survivor of the victim for economic loss resulting from the 6,575
offense before any reimbursement is made to any person other than 6,576
a governmental agency. If no governmental agency incurred 6,577
expenses for economic loss of the victim or any survivor of the 6,578
victim resulting from the offense, the reimbursement shall be 6,579
made to any person other than a governmental agency to repay 6,580
amounts paid by that person to or on behalf of the victim or any 6,581
survivor of the victim for economic loss of the victim resulting 6,583
from the offense. The court shall not require an offender to 6,584
repay an insurance company for any amounts the company paid on 6,585
behalf of the offender pursuant to a policy of insurance. At 6,586
sentencing, the court shall determine the amount of restitution 6,588
to be made by the offender. All restitution payments shall be 6,589
credited against any recovery of economic loss in a civil action 6,590
151
brought by the victim or any survivor of the victim against the 6,591
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 6,593
this section, a fine payable by the offender to the state, to a 6,594
political subdivision, or as described in division (B)(2) of this 6,596
section to one or more law enforcement agencies, with the amount 6,597
of the fine based on a standard percentage of the offender's 6,598
daily income over a period of time determined by the court and 6,599
based upon the seriousness of the offense. A fine ordered under 6,600
this division shall not exceed the statutory fine amount 6,601
authorized for the level of the offense under division (A)(3) of 6,602
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 6,604
this section, a fine payable by the offender to the state, to a 6,605
political subdivision when appropriate for a felony, or as 6,606
described in division (B)(2) of this section to one or more law 6,608
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 6,611
thousand dollars;
(b) For a felony of the second degree, not more than 6,614
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 6,617
thousand dollars;
(d) For a felony of the fourth degree, not more than five 6,620
thousand dollars;
(e) For a felony of the fifth degree, not more than two 6,623
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 6,626
reimbursement by the offender of any or all of the costs of 6,628
sanctions incurred by the government, including the following: 6,629
(i) All or part of the costs of implementing any community 6,632
control sanction;
(ii) All or part of the costs of confinement under a 6,635
sanction imposed pursuant to section 2929.14 or 2929.16 of the 6,636
152
Revised Code, provided that the amount of reimbursement ordered 6,637
under this division shall not exceed ten thousand dollars or the 6,639
total amount of reimbursement the offender is able to pay as 6,640
determined at a hearing, whichever amount is greater AND SHALL 6,641
NOT EXCEED THE ACTUAL COST OF THE CONFINEMENT;
(b) If the offender is sentenced to a sanction of 6,643
confinement pursuant to section 2929.14 or 2929.16 of the Revised 6,644
Code that is to be served in a facility operated by a board of 6,646
county commissioners, a legislative authority of a municipal 6,647
corporation, or another local governmental entity, one of the
following applies: 6,648
(i) If, pursuant to section 307.93, 341.14, 341.19, 6,650
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 6,651
Revised Code, the board, legislative authority, or other local 6,652
governmental entity requires prisoners convicted of an offense 6,653
other than a minor misdemeanor to reimburse the county, municipal 6,654
corporation, or other entity for its expenses incurred by reason 6,655
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 6,656
the offender to reimburse the county, municipal corporation, or 6,657
other local governmental entity for the cost of the confinement. 6,658
In addition, the court may impose any other financial sanction 6,659
under this section.
(ii) If, pursuant to any section identified in division 6,661
(A)(4)(b)(i) of this section, the board, legislative authority, 6,663
or other local governmental entity has adopted a resolution or 6,665
ordinance specifying that prisoners convicted of felonies are not 6,666
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 6,668
the prisoner's confinement, the court shall not impose a 6,669
financial sanction under division (A)(4)(a) of this section that 6,670
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 6,671
the confinement, but the court may impose any other financial 6,673
153
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 6,675
of this section applies, the court may impose, but is not 6,676
required to impose, any financial sanction under this section. 6,677
(c) Reimbursement by the offender for costs pursuant to 6,680
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 6,683
violation of any provision of Chapter 2925., 3719., or 4729. of 6,684
the Revised Code, the sentencing court shall impose upon the 6,685
offender a mandatory fine of at least one-half of, but not more 6,686
than, the maximum statutory fine amount authorized for the level 6,687
of the offense pursuant to division (A)(3) of this section. If 6,688
an offender alleges in an affidavit filed with the court prior to 6,690
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 6,691
indigent person and is unable to pay the mandatory fine described 6,692
in this division, the court shall not impose the mandatory fine 6,693
upon the offender.
(2) Any mandatory fine imposed upon an offender under 6,695
division (B)(1) of this section and any fine imposed upon an 6,697
offender under division (A)(2) or (3) of this section for any 6,698
fourth or fifth degree felony violation of any provision of 6,699
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 6,700
to law enforcement agencies pursuant to division (F) of section 6,701
2925.03 of the Revised Code. 6,702
(3) For a fourth degree felony OMVI offense, the 6,706
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99 of 6,708
the Revised Code. The mandatory fine so imposed shall be 6,709
disbursed as provided in division (A)(4) of section 4511.99 of 6,711
the Revised Code. 6,712
(4) Notwithstanding any fine otherwise authorized or 6,715
required to be imposed under division (A)(2) or (3) or (B)(1) of 6,716
this section or section 2929.31 of the Revised Code for a 6,717
154
violation of section 2925.03 or 2925.07 of the Revised Code, in 6,718
addition to any penalty or sanction imposed for that offense 6,719
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 6,720
of the Revised Code and in addition to the forfeiture of property 6,722
in connection with the offense as prescribed in sections 2925.42 6,723
to 2925.45 of the Revised Code, the court that sentences an 6,725
offender for a violation of section 2925.03 or 2925.07 of the 6,726
Revised Code may impose upon the offender a fine in addition to 6,727
any fine imposed under division (A)(2) or (3) of this section and 6,729
in addition to any mandatory fine imposed under division (B)(1) 6,730
of this section. The fine imposed under division (B)(4) of this 6,731
section shall be used as provided in division (H) of section 6,732
2925.03 of the Revised Code. A fine imposed under division 6,733
(B)(4) of this section shall not exceed whichever of the 6,734
following is applicable:
(a) The total value of any personal or real property in 6,737
which the offender has an interest and that was used in the 6,738
course of, intended for use in the course of, derived from, or 6,739
realized through conduct in violation of section 2925.03 or 6,740
2925.07 of the Revised Code, including any property that 6,741
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 6,744
type described in division (B)(4)(a) of this section or if it is 6,745
not possible to ascertain whether the offender has an interest in 6,747
any property of that type in which the offender may have an 6,748
interest, the amount of the mandatory fine for the offense 6,749
imposed under division (B)(1) of this section or, if no mandatory 6,750
fine is imposed under division (B)(1) of this section, the amount 6,751
of the fine authorized for the level of the offense imposed under 6,753
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 6,756
section, the court shall determine whether the offender has an 6,757
interest in any property of the type described in division 6,758
(B)(4)(a) of this section. Except as provided in division (B)(6) 6,760
155
or (7) of this section, a fine that is authorized and imposed 6,761
under division (B)(4) of this section does not limit or affect 6,763
the imposition of the penalties and sanctions for a violation of 6,764
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 6,767
and does not limit or affect a forfeiture of property in 6,768
connection with the offense as prescribed in sections 2925.42 to 6,769
2925.45 of the Revised Code. 6,770
(6) If the sum total of a mandatory fine amount imposed 6,772
for a first, second, or third degree felony violation of section 6,773
2925.03 or a third degree felony violation of section 2925.07 of 6,775
the Revised Code under division (B)(1) of this section plus the 6,776
amount of any fine imposed under division (B)(4) of this section 6,778
does not exceed the maximum statutory fine amount authorized for 6,779
the level of the offense under division (A)(3) of this section or 6,780
section 2929.31 of the Revised Code, the court may impose a fine 6,782
for the offense in addition to the mandatory fine and the fine 6,783
imposed under division (B)(4) of this section. The sum total of 6,784
the amounts of the mandatory fine, the fine imposed under 6,785
division (B)(4) of this section, and the additional fine imposed 6,786
under division (B)(6) of this section shall not exceed the 6,788
maximum statutory fine amount authorized for the level of the 6,789
offense under division (A)(3) of this section or section 2929.31 6,790
of the Revised Code. The clerk of the court shall pay any fine 6,791
that is imposed under division (B)(6) of this section to the 6,792
county, township, municipal corporation, park district as created 6,794
pursuant to section 511.18 or 1545.04 of the Revised Code, or 6,795
state law enforcement agencies in this state that primarily were 6,796
responsible for or involved in making the arrest of, and in 6,797
prosecuting, the offender pursuant to division (F) of section 6,798
2925.03 of the Revised Code. 6,799
(7) If the sum total of the amount of a mandatory fine 6,801
imposed for a first, second, or third degree felony violation of 6,802
section 2925.03 or a third degree felony violation of section 6,803
156
2925.07 of the Revised Code plus the amount of any fine imposed 6,805
under division (B)(4) of this section exceeds the maximum 6,806
statutory fine amount authorized for the level of the offense 6,807
under division (A)(3) of this section or section 2929.31 of the 6,808
Revised Code, the court shall not impose a fine under division 6,809
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 6,812
the offender pursuant to division (A)(4)(a) of this section to 6,814
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 6,816
confine offenders pursuant to sanctions imposed under section 6,817
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 6,818
The treasurer of state shall deposit the reimbursements in the 6,819
confinement cost reimbursement fund that is hereby created in the 6,820
state treasury. The department of rehabilitation and correction 6,821
shall use the amounts deposited in the fund to fund the operation 6,822
of facilities used to confine offenders pursuant to sections 6,823
2929.14 and 2929.16 of the Revised Code. 6,824
(2) Except as provided in section 2951.021 of the Revised 6,826
Code, the offender shall pay reimbursements imposed upon the 6,827
offender pursuant to division (A)(4)(a) of this section to pay 6,829
the costs incurred by a county pursuant to any sanction imposed 6,830
under this section or section 2929.16 or 2929.17 of the Revised 6,831
Code or in operating a facility used to confine offenders 6,832
pursuant to a sanction imposed under section 2929.16 of the 6,833
Revised Code to the county treasurer. The county treasurer shall 6,834
deposit the reimbursements in the sanction cost reimbursement 6,835
fund that each board of county commissioners shall create in its 6,836
county treasury. The county shall use the amounts deposited in 6,837
the fund to pay the costs incurred by the county pursuant to any 6,838
sanction imposed under this section or section 2929.16 or 2929.17 6,839
of the Revised Code or in operating a facility used to confine 6,841
offenders pursuant to a sanction imposed under section 2929.16 of 6,842
the Revised Code.
157
(3) Except as provided in section 2951.021 of the Revised 6,844
Code, the offender shall pay reimbursements imposed upon the 6,845
offender pursuant to division (A)(4)(a) of this section to pay 6,847
the costs incurred by a municipal corporation pursuant to any 6,848
sanction imposed under this section or section 2929.16 or 2929.17 6,849
of the Revised Code or in operating a facility used to confine 6,850
offenders pursuant to a sanction imposed under section 2929.16 of 6,851
the Revised Code to the treasurer of the municipal corporation. 6,853
The treasurer shall deposit the reimbursements in a special fund 6,854
that shall be established in the treasury of each municipal 6,855
corporation. The municipal corporation shall use the amounts 6,856
deposited in the fund to pay the costs incurred by the municipal 6,857
corporation pursuant to any sanction imposed under this section 6,858
or section 2929.16 or 2929.17 of the Revised Code or in operating 6,859
a facility used to confine offenders pursuant to a sanction 6,860
imposed under section 2929.16 of the Revised Code. 6,861
(4) Except as provided in section 2951.021 of the Revised 6,863
Code, the offender shall pay reimbursements imposed pursuant to 6,864
division (A)(4)(a) of this section for the costs incurred by a 6,865
private provider pursuant to a sanction imposed under this 6,866
section or section 2929.16 or 2929.17 of the Revised Code to the 6,867
provider.
(D) A financial sanction imposed pursuant to division (A) 6,869
or (B) of this section is a judgment in favor of the state or a 6,870
political subdivision in which the court that imposed the 6,871
financial sanction is located, and the offender subject to the 6,872
sanction is the judgment debtor, except that a financial sanction 6,873
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 6,875
this section upon an offender who is incarcerated in a state 6,876
facility or a municipal jail is a judgment in favor of the state 6,877
or the municipal corporation, a financial sanction of 6,878
reimbursement imposed upon an offender pursuant to this section 6,879
for costs incurred by a private provider of sanctions is a 6,880
judgment in favor of the private provider, and a financial 6,881
158
sanction of restitution imposed pursuant to this section is a 6,882
judgment in favor of the victim of the offender's criminal act. 6,883
THE OFFENDER SUBJECT TO THE SANCTION IS THE JUDGMENT DEBTOR. 6,884
IMPOSITION OF A FINANCIAL SANCTION AND EXECUTION ON THE JUDGMENT 6,885
DOES NOT PRECLUDE ANY OTHER POWER OF THE COURT TO IMPOSE OR
ENFORCE SANCTIONS ON THE OFFENDER. Once the financial sanction 6,886
is imposed as a judgment, the victim, private provider, state, or 6,887
political subdivision may bring an action to do any of the 6,888
following:
(1) Obtain execution of the judgment through any available 6,891
procedure, including:
(a) An execution against the property of the judgment 6,894
debtor under Chapter 2329. of the Revised Code; 6,895
(b) An execution against the person of the judgment debtor 6,898
under Chapter 2331. of the Revised Code; 6,899
(c) A proceeding in aid of execution under Chapter 2333. 6,902
of the Revised Code, including: 6,903
(i) A proceeding for the examination of the judgment 6,906
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 6,907
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 6,910
judgment debtor under section 2333.28 of the Revised Code; 6,911
(iii) A creditor's suit under section 2333.01 of the 6,914
Revised Code.
(d) The attachment of the property of the judgment debtor 6,917
under Chapter 2715. of the Revised Code; 6,918
(e) The garnishment of the property of the judgment debtor 6,921
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 6,923
judgment debtor under section 1321.33 of the Revised Code. 6,925
(E) A court that imposes a financial sanction upon an 6,927
offender may hold a hearing if necessary to determine whether the 6,928
offender is able to pay the sanction or is likely in the future 6,929
to be able to pay it.
159
(F) Each court imposing a financial sanction upon an 6,932
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 6,934
enter into contracts with one or more public agencies or private 6,935
vendors for the collection of, amounts due under the financial 6,936
sanction imposed pursuant to this section or section 2929.25 of 6,937
the Revised Code. Before entering into a contract for the 6,938
collection of amounts due from an offender pursuant to any 6,939
financial sanction imposed pursuant to this section or section 6,940
2929.25 of the Revised Code, a court shall comply with sections 6,941
307.86 to 307.92 of the Revised Code. 6,942
(G) If a court that imposes a financial sanction under 6,945
division (A) or (B) of this section finds that an offender 6,946
satisfactorily has completed all other sanctions imposed upon the 6,947
offender and that all restitution that has been ordered has been 6,948
paid as ordered, the court may suspend any financial sanctions 6,949
imposed pursuant to this section or section 2929.25 of the 6,950
Revised Code that have not been paid. 6,951
(H) No financial sanction imposed under this section or 6,954
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 6,955
Sec. 2929.19. (A)(1) The court shall hold a sentencing 6,967
hearing before imposing a sentence under this chapter upon an 6,969
offender who was convicted of or pleaded guilty to a felony and 6,970
before resentencing an offender who was convicted of or pleaded 6,971
guilty to a felony and whose case was remanded pursuant to 6,972
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 6,973
the offender, the prosecuting attorney, the victim or the 6,974
victim's representative in accordance with section 2930.14 of the 6,975
Revised Code, and, with the approval of the court, any other 6,976
person may present information relevant to the imposition of 6,977
sentence in the case. The court shall inform the offender of the 6,978
verdict of the jury or finding of the court and ask the offender 6,979
whether the offender has anything to say as to why sentence 6,980
160
should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before 6,982
imposing sentence on an offender who is being sentenced for a 6,984
sexually oriented offense that was committed on or after the 6,985
effective date of this amendment JANUARY 1, 1997, and that is not 6,987
a sexually violent offense, and before imposing sentence on an 6,988
offender who is being sentenced for a sexually violent offense 6,989
committed on or after the effective date of this amendment 6,990
JANUARY 1, 1997, and who was not charged with a sexually violent 6,991
predator specification in the indictment, count in the 6,992
indictment, or information charging the sexually violent offense, 6,993
the court shall conduct a hearing in accordance with division (B) 6,994
of section 2950.09 of the Revised Code to determine whether the 6,996
offender is a sexual predator. The court shall not conduct a 6,997
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 6,998
specification was included in the indictment, count in the 7,000
indictment, or information charging the sexually violent offense. 7,001
Before imposing sentence on an offender who is being sentenced 7,002
for a sexually oriented offense, the court also shall comply with 7,003
division (E) of section 2950.09 of the Revised Code. 7,004
(B)(1) At the sentencing hearing, the court, before 7,007
imposing sentence, shall consider the record, any information 7,008
presented at the hearing by any person pursuant to division (A) 7,009
of this section, and, if one was prepared, the presentence 7,010
investigation report made pursuant to section 2951.03 of the 7,011
Revised Code or Criminal Rule 32.2, and any victim impact 7,012
statement made pursuant to section 2947.051 of the Revised Code. 7,014
(2) The court shall impose a sentence and shall make a 7,016
finding that gives its reasons for selecting the sentence imposed 7,018
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 7,020
which the court is required to impose sentence pursuant to 7,021
division (G) of section 2929.14 of the Revised Code, if it 7,022
161
imposes a prison term for a felony of the fourth or fifth degree 7,023
or for a felony drug offense that is a violation of a provision 7,024
of Chapter 2925. of the Revised Code and that is specified as 7,025
being subject to division (B) of section 2929.13 of the Revised 7,027
Code for purposes of sentencing and, if the term is not a 7,028
mandatory prison term imposed pursuant to division (G)(2) of 7,029
section 2929.13 of the Revised Code for a felony OMVI offense, 7,030
its reasons for imposing the prison term, based upon the 7,031
overriding purposes and principles of felony sentencing set forth 7,032
in section 2929.11 of the Revised Code, and any factors listed in 7,033
divisions (B)(1)(a) to (h)(i) of section 2929.13 of the Revised 7,034
Code that it found to apply relative to the offender. 7,035
(b) If it does not impose a prison term for a felony of 7,038
the first or second degree or for a felony drug offense that is a 7,039
violation of a provision of Chapter 2925. of the Revised Code and 7,041
for which a presumption in favor of a prison term is specified as 7,042
being applicable, its reasons for not imposing the prison term 7,043
and for overriding the presumption, based upon the overriding 7,044
purposes and principles of felony sentencing set forth in section 7,045
2929.11 of the Revised Code, and the basis of the findings it 7,046
made under divisions (D)(1) and (2) of section 2929.13 of the 7,048
Revised Code.
(c) If it imposes consecutive sentences under section 7,051
2929.14 of the Revised Code, its reasons for imposing the 7,052
consecutive sentences;
(d) If the sentence is for one offense and it imposes a 7,054
prison term for the offense that is the maximum prison term 7,055
allowed for that offense by division (A) of section 2929.14 of 7,056
the Revised Code, its reasons for imposing the maximum prison 7,057
term;
(e) If the sentence is for two or more offenses arising 7,059
out of a single incident and it imposes a prison term for those 7,060
offenses that is the maximum prison term allowed for the offense 7,061
of the highest degree by division (A) of section 2929.14 of the 7,062
162
Revised Code, its reasons for imposing the maximum prison term. 7,063
(3) Subject to division (B)(4) of this section, if the 7,066
sentencing court determines at the sentencing hearing that a 7,067
prison term is necessary or required, the court shall do all of 7,068
the following:
(a) Impose a stated prison term; 7,070
(b) Notify the offender that, AS PART OF THE SENTENCE, the 7,073
parole board may extend the stated prison term if the offender 7,074
commits any criminal offense under the laws of this state or the 7,075
United States while serving the prison term, that the extension 7,076
will be done administratively as part of the offender's sentence 7,077
in accordance with section 2967.11 of the Revised Code and may be 7,078
for thirty, sixty, or ninety days for each violation, that all 7,079
extensions of any stated prison term for all violations during 7,080
the course of the term may not exceed FOR CERTAIN VIOLATIONS OF 7,081
PRISON RULES FOR UP TO one-half of the term's duration, and that 7,082
the sentence so imposed automatically includes any extension of 7,083
the stated prison term by the parole board; 7,085
(c) Subject to division (B)(4) of this section, NOTIFY THE 7,088
OFFENDER THAT THE OFFENDER WILL BE SUPERVISED UNDER SECTION 7,089
2967.28 OF THE REVISED CODE AFTER THE OFFENDER LEAVES PRISON if
the offender is being sentenced for a felony of the first degree, 7,092
for a felony of the OR second degree, for a felony sex offense, 7,094
as defined in section 2967.28 of the Revised Code, or for a 7,095
felony of the third degree that is not a felony sex offense and 7,097
in the commission of which the offender caused or threatened to 7,099
cause physical harm to a person, notify the offender that a 7,101
period of post-release control pursuant to section 2967.28 of the 7,102
Revised Code will be imposed following the offender's release 7,103
from prison;
(d) Subject to division (B)(4) of this section, NOTIFY THE 7,106
OFFENDER THAT THE OFFENDER MAY BE SUPERVISED UNDER SECTION 7,107
2967.28 OF THE REVISED CODE AFTER THE OFFENDER LEAVES PRISON if
the offender is being sentenced for a felony of the third, 7,109
163
fourth, or fifth degree that is not subject to division (B)(3)(c) 7,110
of this section, notify the offender that a period of
post-release control pursuant to section 2967.28 of the Revised 7,111
Code may be imposed following the offender's release from prison; 7,112
(e) Notify the offender that, if a period of post-release 7,115
control SUPERVISION is imposed following the offender's release 7,117
from prison, as described in division (B)(3)(c) or (d) of this 7,118
section, and if the offender violates a post-release control 7,119
sanction imposed as a component of the post-release control 7,120
including the mandatory condition described in division (A) of 7,121
section 2967.121 of the Revised Code, all of the following apply: 7,122
(i) The adult parole authority or the parole board may 7,125
impose a more restrictive post-release control sanction. 7,126
(ii) The parole board may increase the duration of the 7,129
post-release control subject to a specified maximum. 7,130
(iii) The more restrictive sanction that SUPERVISION, the 7,133
parole board may impose may consist of a prison term, provided 7,135
that the prison term cannot exceed nine months and the maximum 7,136
cumulative prison term so imposed for all violations during the 7,137
period of post-release control cannot exceed AS PART OF THE 7,138
SENTENCE, OF UP TO one-half of the stated prison term originally 7,139
imposed upon the offender. 7,140
(iv) If the violation of the sanction is a felony, the 7,143
offender may be prosecuted for the felony and, in addition to any 7,144
sentence it imposes on the offender for the new felony, the court 7,145
may impose a prison term, subject to a specified maximum, for the 7,146
violation.
(4) If the offender is being sentenced for a sexually 7,148
violent offense that the offender committed on or after the 7,149
effective date of this amendment JANUARY 1, 1997, and the 7,151
offender also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the 7,152
indictment, count in the indictment, or information charging the 7,153
sexually violent offense or if the offender is being sentenced 7,154
164
for a sexually oriented offense that the offender committed on or 7,155
after the effective date of this section JANUARY 1, 1997, and the 7,156
court imposing the sentence has determined pursuant to division 7,157
(B) of section 2950.09 of the Revised Code that the offender is a 7,159
sexual predator, the court shall include in the offender's 7,160
sentence a statement that the offender has been adjudicated as 7,161
being a sexual predator and shall comply with the requirements of 7,162
section 2950.03 of the Revised Code. Additionally, in the 7,163
circumstances described in division (G) of section 2929.14 of the 7,164
Revised Code, the court shall impose sentence on the offender as 7,165
described in that division.
(5) If the sentencing court determines at the sentencing 7,168
hearing that a community control sanction should be imposed and 7,169
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. 7,170
The court shall notify the offender that, if the conditions of 7,171
the sanction are violated or the condition imposed under division 7,172
(C)(1)(b) of section 2951.02 of the Revised Code, if imposed, is 7,173
violated, IF THE OFFENDER COMMITS A VIOLATION OF ANY LAW, OR IF 7,174
THE OFFENDER LEAVES THIS STATE WITHOUT THE PERMISSION OF THE 7,175
COURT OR THE OFFENDER'S PROBATION OFFICER, the court may impose a 7,178
longer time under the same sanction, may impose a more 7,179
restrictive sanction, or may impose a prison term on the offender 7,180
and shall indicate the specific prison term that may be imposed 7,181
as a sanction for the violation, as selected by the court from 7,182
the range of prison terms for the offense pursuant to section 7,183
2929.14 of the Revised Code. 7,184
(6) Before imposing a financial sanction under section 7,186
2929.18 of the Revised Code or a fine under section 2929.25 of 7,187
the Revised Code, the court shall consider the offender's present 7,188
and future ability to pay the amount of the sanction or fine. 7,189
(C)(1) If the offender is being sentenced for a fourth 7,191
degree felony OMVI offense and if the court is required by 7,192
division (G)(1) of section 2929.13 of the Revised Code to impose 7,193
165
as a sanction a mandatory term of local incarceration, the court 7,194
shall impose the mandatory term of local incarceration in 7,195
accordance with that division, shall impose a mandatory fine in 7,196
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as 7,197
specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of 7,198
the Revised Code. The court shall not impose a prison term on 7,199
the offender.
(2) If the offender is being sentenced for a fourth degree 7,201
felony OMVI offense and if the court is required by division 7,202
(G)(2) of section 2929.13 of the Revised Code to impose as a 7,203
sanction a mandatory prison term, the court shall impose the 7,204
mandatory prison term in accordance with that division, shall 7,205
impose a mandatory fine in accordance with division (B)(3) of
section 2929.18 of the Revised Code, and, in addition, may impose 7,206
an additional prison term as specified in section 2929.14 of the 7,207
Revised Code. The court shall not impose any community control 7,208
sanction on the offender.
(D) IF THE SENTENCING COURT DETERMINES AT THE SENTENCING 7,210
HEARING THAT AN OFFENDER IS ELIGIBLE FOR PLACEMENT IN A PROGRAM 7,211
OF SHOCK INCARCERATION UNDER SECTION 5120.031 OF THE REVISED CODE 7,212
OR IN AN INTENSIVE PROGRAM PRISON UNDER SECTION 5120.032 OF THE 7,213
REVISED CODE, THE COURT, PURSUANT TO DIVISION (K) OF SECTION 7,214
2929.14 OF THE REVISED CODE, MAY RECOMMEND PLACEMENT OF THE
OFFENDER IN A PROGRAM OF SHOCK INCARCERATION OR AN INTENSIVE 7,215
PROGRAM PRISON, DISAPPROVE PLACEMENT OF THE OFFENDER IN A PROGRAM 7,216
OR PRISON OF THAT NATURE, OR MAKE NO RECOMMENDATION. THE COURT 7,217
SHALL MAKE A FINDING THAT GIVES ITS REASONS FOR ITS
RECOMMENDATION OR DISAPPROVAL. 7,218
Sec. 2929.20. (A)(1) As used in this section, "eligible 7,228
offender" means any PERSON SERVING A STATED PRISON TERM OF TEN
YEARS OR LESS WHEN EITHER of the following APPLIES: 7,229
(a) A person who has been convicted of or pleaded guilty 7,232
to a felony, who is serving a (1) THE stated prison term of ten 7,234
166
years or less, and who is not serving DOES NOT INCLUDE a 7,235
mandatory prison term; 7,236
(b) A. 7,238
(2) THE STATED PRISON TERM INCLUDES A MANDATORY PRISON 7,241
TERM, AND THE person who has been convicted of or pleaded guilty 7,242
to a felony, who was sentenced to a mandatory prison term and 7,243
another prison term of ten years or less, and who has served the 7,244
mandatory prison term; 7,245
(c) A person who has been convicted of or pleaded guilty 7,248
to a felony, who was sentenced to a mandatory prison term
pursuant to division (D)(1) of section 2929.14 of the Revised 7,250
Code and another prison term of ten years or less, who is 7,252
required by division (E)(1) of section 2929.14 of the Revised 7,254
Code to serve the mandatory prison term and the other prison term 7,256
consecutively, and who has served the mandatory prison term. 7,257
(2) "Eligible offender" does not include any of the 7,259
following: 7,260
(a) A person who has been convicted of or pleaded guilty 7,262
to a felony, who was sentenced to a mandatory prison term 7,263
pursuant to division (D)(2) or (3) of section 2929.14 of the 7,264
Revised Code and another prison term of ten years or less, and 7,265
who is required by division (E)(2), (3), or, (4) of section 7,266
2929.14 of the Revised Code to serve the mandatory prison term 7,270
and the other prison term consecutively, whether or not the
person has served the mandatory prison term. 7,271
(b) A person who has been convicted of or pleaded guilty 7,274
to a felony, who was sentenced to a mandatory prison term 7,275
pursuant to divisions (D)(1) and (2), or division (D)(3) of 7,276
section 2929.14 of the Revised Code and another prison term of 7,278
ten years or less, and who is required by division (E)(1), (2), 7,280
(3), or (4) of section 2929.14 of the Revised Code to serve any 7,282
of the mandatory prison terms and the other prison term 7,283
consecutively, whether or not the person has served the mandatory 7,284
prison terms. 7,285
167
(B) Upon the filing of a motion by the eligible offender 7,288
or upon its own motion, a sentencing court may reduce the 7,289
offender's stated prison term through a judicial release in 7,290
accordance with this section. THE COURT SHALL NOT REDUCE THE
STATED PRISON TERM OF AN OFFENDER WHO IS NOT AN ELIGIBLE 7,291
OFFENDER. An eligible offender may file a motion for judicial 7,294
release with the sentencing court within the following applicable 7,295
period of time:
(1) If (a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 7,298
(B)(1)(b) OR (c) OF THIS SECTION, IF the stated prison term was 7,300
imposed for a felony of the fourth or fifth degree, the eligible 7,301
offender shall MAY file the motion not earlier than thirty days 7,303
or later than ninety days after the offender is delivered to a
state correctional institution. 7,304
(b) IF THE STATED PRISON TERM IS FIVE YEARS AND IS AN 7,306
AGGREGATE OF STATED PRISON TERMS THAT ARE BEING SERVED 7,307
CONSECUTIVELY AND THAT WERE IMPOSED FOR ANY COMBINATION OF 7,308
FELONIES OF THE FOURTH DEGREE AND FELONIES OF THE FIFTH DEGREE, 7,309
THE ELIGIBLE OFFENDER MAY FILE THE MOTION AFTER THE ELIGIBLE
OFFENDER HAS SERVED FOUR YEARS OF THE STATED PRISON TERM. 7,310
(c) IF THE STATED PRISON TERM IS MORE THAN FIVE YEARS AND 7,312
LESS THAN TEN YEARS AND IS AN AGGREGATE OF STATED PRISON TERMS 7,313
THAT ARE BEING SERVED CONSECUTIVELY AND THAT WERE IMPOSED FOR ANY 7,315
COMBINATION OF FELONIES OF THE FOURTH DEGREE AND FELONIES OF THE 7,316
FIFTH DEGREE, THE ELIGIBLE OFFENDER MAY FILE THE MOTION AFTER THE 7,317
ELIGIBLE OFFENDER HAS SERVED FIVE YEARS OF THE STATED PRISON 7,318
TERM.
(2) Except as otherwise provided in division (B)(3) OR (4) 7,320
of this section, if the stated prison term was imposed for a 7,322
felony of the first, second, or third degree, the eligible 7,323
offender shall MAY file the motion not earlier than one hundred 7,325
eighty days after the offender is delivered to a state
correctional institution. 7,326
(3) IF THE STATED PRISON TERM IS FIVE YEARS, THE ELIGIBLE 7,328
168
OFFENDER MAY FILE THE MOTION AFTER THE ELIGIBLE OFFENDER HAS 7,329
SERVED FOUR YEARS OF THE STATED PRISON TERM. 7,330
(4) If the stated prison term is MORE THAN five years or 7,332
more and less than ten years, the eligible offender shall MAY 7,335
file the motion after the eligible offender has served five years 7,337
of the stated prison term.
(4)(5) If the offender was sentenced to OFFENDER'S STATED 7,340
PRISON TERM INCLUDES a mandatory prison term pursuant to division 7,341
(D)(1) of section 2929.14 of the Revised Code and a consecutive 7,343
prison term other than a mandatory prison term that is ten years 7,345
or less, the offender shall file the motion within the time 7,346
authorized under division (B)(1), (2), or (3), OR (4) of this 7,347
section for the felony for which NONMANDATORY PORTION OF the 7,349
prison term other than the mandatory prison term was imposed, but 7,350
the time for filing the motion does not begin to run until after 7,351
the expiration of the mandatory PORTION OF THE prison term. 7,352
(C) Upon receipt of a timely motion for judicial release 7,355
filed by an eligible offender under division (B) of this section 7,356
or upon the sentencing court's own motion made within the 7,357
appropriate time period specified in that division, the court may 7,358
schedule a hearing on the motion. The court may deny the motion 7,359
without a hearing but shall not grant the motion in any case 7,360
without a hearing. If a court denies A MOTION without a hearing 7,361
a motion filed by an eligible offender or on its own motion that 7,363
relates to an eligible offender, the court may consider a 7,364
subsequent judicial release for that eligible offender on its own 7,365
motion or a subsequent motion for judicial release filed by that 7,367
eligible offender. If a court denies A MOTION after a hearing a 7,368
motion filed by an eligible offender or its own motion that 7,371
relates to an eligible offender, the court shall not consider a 7,372
subsequent motion for that eligible offender. The court shall
hold only one hearing for any eligible offender. 7,373
A hearing under this section shall be conducted in open 7,375
court within sixty days after the date on which the motion is 7,376
169
filed, provided that the court may delay the hearing for a period 7,377
not to exceed one hundred eighty additional days. If the court 7,378
schedules HOLDS a hearing on the motion, the court shall enter a 7,379
ruling on the motion within ten days after the hearing. If the 7,381
court denies the motion without a hearing, the court shall enter 7,382
its ruling on the motion within sixty days after the motion is 7,383
filed.
(D) If a court schedules a hearing on the motion filed by 7,386
an eligible offender under this section or on its own motion 7,387
UNDER DIVISION (C) OF THIS SECTION, the court shall notify the 7,388
eligible offender of the hearing. The eligible offender promptly 7,389
shall serve GIVE a copy of the notice of the hearing on TO the 7,391
head of the state correctional institution in which the eligible 7,393
offender is confined. If the court schedules a hearing for 7,394
judicial release, the court promptly shall give notice of the 7,395
hearing to the prosecuting attorney of the county in which the 7,396
eligible offender was indicted. Upon receipt of the notice from 7,397
the court, the prosecuting attorney shall notify the victim of 7,398
the offense for which the stated prison term was imposed or the 7,399
victim's representative, pursuant to section 2930.16 of the 7,400
Revised Code, of the hearing. 7,401
(E) Prior to the date of the hearing on a motion for 7,404
judicial release under this section, the head of the state 7,405
correctional institution in which the eligible offender in 7,406
question is confined shall send to the court a report on the 7,407
eligible offender's conduct in the institution and in any
institution from which the eligible offender may have been 7,408
transferred. The report shall cover the eligible offender's 7,409
participation in school, vocational training, work, treatment, 7,410
and other rehabilitative activities and any disciplinary action 7,411
taken against the eligible offender. The report shall be made 7,412
part of the record of the hearing. 7,413
(F) If the court grants a hearing on a motion for judicial 7,416
release under this section, the eligible offender shall attend 7,417
170
the hearing if ordered to do so by the court. Upon receipt of a 7,418
copy of the journal entry containing the order, the head of the 7,419
state correctional institution in which the eligible offender is 7,420
incarcerated shall deliver the eligible offender to the sheriff 7,421
of the county in which the hearing is to be held. The sheriff 7,422
shall convey the eligible offender to the hearing and return the 7,423
offender to the institution after the hearing. 7,424
(G) At the hearing on a motion for judicial release under 7,427
this section, the court shall afford the eligible offender and 7,428
the eligible offender's counsel ATTORNEY an opportunity to 7,429
present written information relevant to the motion and shall 7,431
afford the eligible offender, if present, and the eligible
offender's attorney AN OPPORTUNITY to present oral information 7,432
relevant to the motion. The court shall afford a similar 7,434
opportunity to the prosecuting attorney, the victim or the 7,435
victim's representative, as defined in section 2930.01 of the 7,436
Revised Code, and any other person the court determines is likely 7,438
to present additional relevant information. The court shall 7,439
consider any statement of a victim made pursuant to section
2930.14 or 2930.17 of the Revised Code and, any victim impact 7,441
statement prepared pursuant to section 2947.051 of the Revised 7,442
Code, AND ANY REPORT MADE UNDER DIVISION (E) OF THIS SECTION. 7,443
After ruling on the motion, the court shall notify the victim of 7,444
the ruling in accordance with sections 2930.03 and 2930.16 of the 7,445
Revised Code. 7,446
(H)(1) A court shall not grant a judicial release under 7,449
this section to an eligible offender who is imprisoned for a 7,450
felony of the first or second degree, or to an eligible offender 7,451
who committed an offense contained in Chapter 2925. or 3719. of 7,452
the Revised Code and for whom there was a presumption under 7,453
section 2929.13 of the Revised Code in favor of a prison term, 7,455
unless the court, with reference to factors under section 2929.12 7,456
of the Revised Code, finds both of the following: 7,457
(a) That a sanction other than a prison term would 7,460
171
adequately punish the offender and protect the public from future 7,461
criminal violations by the eligible offender because the 7,462
applicable factors indicating a lesser likelihood of recidivism 7,463
outweigh the applicable factors indicating a greater likelihood 7,465
of recidivism;
(b) That a sanction other than a prison term would not 7,468
demean the seriousness of the offense because factors indicating 7,469
that the eligible offender's conduct in committing the offense 7,471
was less serious than conduct normally constituting the offense 7,472
outweigh factors indicating that the eligible offender's conduct 7,473
was more serious than conduct normally constituting the offense. 7,474
(2) A court that grants a judicial release to an eligible 7,477
offender under division (H)(1) of this section shall specify on 7,478
the record both findings required in that division and also shall 7,479
list all the factors described in that division that were 7,480
presented at the hearing.
(I) If the court grants a motion for judicial release 7,483
under this section, the court shall order the release of the 7,484
eligible offender, shall place the eligible offender under an
appropriate community control sanction, under a mandatory 7,486
condition of the type described in division (A) of section 7,487
2967.131 of the Revised Code APPROPRIATE COMMUNITY CONTROL 7,488
CONDITIONS, and under the supervision of the department of 7,489
probation serving the court, and shall reserve the right to 7,490
reimpose the sentence that it reduced pursuant to the judicial 7,491
release if the offender violates the sanction. If the court 7,492
reimposes the reduced sentence pursuant to this reserved right, 7,493
it may do so either concurrently with, or consecutive to, any new 7,494
sentence imposed upon the eligible offender as a result of the
violation THAT IS A NEW OFFENSE. The period of the community 7,496
control sanction shall be no longer than five years. The court, 7,498
in its discretion, may reduce the period of the community control 7,499
sanction by the amount of time the eligible offender spent in 7,501
jail for the offense and in prison. If the court made any 7,502
172
findings pursuant to division (H)(1) of this section, the court 7,503
shall serve a copy of the findings upon counsel for the parties 7,504
within fifteen days after the date on which the court grants the 7,505
motion for judicial release.
Prior to being released pursuant to a judicial release 7,507
granted under this section, the eligible offender shall serve any 7,508
extension of sentence that was imposed under section 2967.11 of 7,509
the Revised Code. 7,510
Sec. 2929.223. (A) If a judge in any jurisdiction in 7,520
which the appropriate authority or board requires an offender an 7,521
offense other than a minor misdemeanor to reimburse the costs of 7,523
confinement pursuant to section 307.93, 341.14, 341.19, 341.23, 7,524
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code 7,525
sentences an offender to a term of imprisonment in the facility 7,526
that is subject to the requirement for a misdemeanor, then after 7,527
that person's release from imprisonment, the judge or, if that 7,528
judge no longer is sitting on that court, any judge from that 7,529
court, also shall hold a hearing to determine the amount of the 7,530
reimbursement and whether the offender has the ability to pay the 7,532
reimbursement and the amount the person OFFENDER is able to pay. 7,533
The offender shall have an opportunity to be heard and may be 7,535
represented by counsel at the hearing, at the offender's person's
option. A record shall be made of the hearing. 7,536
Reimbursable expenses shall include, but are not limited 7,538
to, the expenses relating to the provision of food, clothing, 7,539
shelter, medical care, and personal hygiene products, including, 7,540
but not limited to, toothpaste, toothbrushes, and feminine 7,541
hygiene items, to the offender while the offender is imprisoned 7,543
and during any time that the offender is incarcerated before 7,544
sentencing that is credited against the offender's term of 7,545
imprisonment, and up to two hours of overtime costs the sheriff 7,546
or municipal corporation incurred relating to the trial of the 7,547
person.
(B) Before holding a hearing on reimbursement pursuant to 7,549
173
division (A) of this section, the judge shall investigate or 7,550
cause to be investigated the offender's ability to pay the 7,551
reimbursement and possible reimbursement schedules and methods. 7,552
The amount of reimbursement shall be determined at the hearing in 7,553
light of the sentence of imprisonment given and according to the 7,554
offender's ability to pay. However, the actual amount to be paid 7,556
for reimbursable expenses other than medical expenses shall be 7,557
the actual cost of the confinement or a lesser amount determined 7,558
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 7,559
actual amount to be paid for medical expenses shall not exceed 7,560
forty per cent of those medical expenses. In determining the 7,561
offender's ability to pay the reimbursement, all of the following 7,563
shall be considered:
(1) The offender's financial resources, excluding the 7,565
funds saved from wages derived from the offender's labor or 7,566
employment during the period of incarceration; 7,567
(2) Any obligation to support the offender's dependents; 7,569
(3) Any obligation to make restitution to the victim of 7,571
the offense of which the offender is convicted; 7,572
(4) The offender's income, assets, liabilities, ability to 7,574
borrow, household expenses, and any other factor that may affect 7,575
the offender's financial ability to make reimbursement. 7,576
(C) At the conclusion of the hearing held pursuant to 7,579
division (A) of this section, the judge shall determine the 7,580
amount of the reimbursable expenses owed by the offender who is 7,581
the subject of the hearing and the amount that the offender is 7,582
able to pay. If the judge determines that the offender is able 7,583
to pay any of the reimbursable expenses, the judge shall issue a 7,584
judgment against the offender in the amount of the reimbursable 7,585
expenses that the offender is able to pay. In the judgment, the 7,586
judge also shall establish a payment schedule for the 7,587
reimbursement. The judgment shall state that the reimbursement 7,588
shall be made to the county, municipal corporation, or township 7,589
174
for expenses incurred by it during any time that the offender 7,590
served in a local jail or workhouse. Each payment on the payment 7,591
schedule shall constitute a separate judgment. The prosecuting 7,592
attorney for a county, city director of law, village solicitor, 7,593
or similar chief legal officer of a municipal corporation, as 7,594
appropriate, may execute upon the judgment for failure to meet 7,595
the payment schedule.
(D) This section does not apply to a person who is 7,597
sentenced for a felony to a term of imprisonment in a facility 7,598
that is subject to a requirement of the type described in 7,600
division (A) of this section. Sections SECTION 2929.18 and 7,601
2929.181 of the Revised Code apply APPLIES to a person who is 7,602
sentenced for a felony to a term of that nature. 7,603
Sec. 2929.41. (A) Except as provided in division (B) of 7,612
this section, division (E) of section 2929.14, or division (D) or 7,613
(E) of section 2971.03 of the Revised Code, a sentence of 7,614
imprisonment shall be served concurrently with any other sentence 7,616
of imprisonment imposed by a court of this state, another state, 7,617
or the United States. In any case, a sentence of imprisonment 7,618
for misdemeanor shall be served concurrently with a sentence of 7,619
imprisonment for felony served in a state or federal correctional 7,620
institution.
(B)(1) A sentence of imprisonment for a misdemeanor shall 7,622
be served consecutively to any other sentence of imprisonment 7,623
when the trial court specifies that it is to be served 7,625
consecutively or when it is imposed for a misdemeanor violation
of section 2907.322, 2921.34, or 2923.131 of the Revised Code. 7,627
(2) When consecutive sentences of imprisonment are imposed 7,630
for misdemeanor, the term to be served is the aggregate of the 7,631
consecutive terms imposed, except that the aggregate term to be 7,632
served shall not exceed eighteen months.
(3) IF A COURT OF THIS STATE IMPOSES A PRISON TERM UPON 7,634
THE OFFENDER FOR THE COMMISSION OF A FELONY AND A COURT OF 7,635
ANOTHER STATE OR THE UNITED STATES ALSO HAS IMPOSED A PRISON TERM 7,636
175
UPON THE OFFENDER FOR THE COMMISSION OF A FELONY, THE COURT OF 7,637
THIS STATE MAY ORDER THAT THE OFFENDER SERVE THE PRISON TERM IT 7,638
IMPOSES CONSECUTIVELY TO ANY PRISON TERM IMPOSED UPON THE 7,639
OFFENDER BY THE COURT OF ANOTHER STATE OR THE UNITED STATES. 7,640
Sec. 2930.01. As used in this chapter: 7,649
(A) "Crime" means any of the following: 7,651
(1) A felony; 7,653
(2) A violation of section 2903.05, 2903.07 2903.06, 7,655
2903.13, 2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 7,657
of the Revised Code, A VIOLATION OF SECTION 2903.07 OF THE 7,658
REVISED CODE AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS 7,659
AMENDMENT, or a violation of a substantially equivalent municipal 7,660
ordinance. 7,661
(B) "Custodial agency" means one of the following: 7,663
(1) The entity that has custody of a defendant or an 7,666
alleged juvenile offender who is incarcerated for a crime, is 7,667
under detention for the commission of a specified delinquent act, 7,668
or who is detained after a finding of incompetence to stand trial 7,669
or not guilty by reason of insanity relative to a crime, 7,670
including any of the following:
(a) The department of rehabilitation and correction or the 7,672
adult parole authority; 7,673
(b) A county sheriff; 7,675
(c) The entity that administers a jail, as defined in 7,677
section 2929.01 of the Revised Code; 7,678
(d) The entity that administers a community-based 7,680
correctional facility and program or a district community-based 7,681
correctional facility and program; 7,682
(e) The department of mental health or other entity to 7,686
which a defendant found incompetent to stand trial or not guilty 7,687
by reason of insanity is committed.
(2) The entity that has custody of an alleged juvenile 7,689
offender pursuant to an order of disposition of a juvenile court, 7,690
including the department of youth services or a school, camp, 7,691
176
institution, or other facility operated for the care of 7,692
delinquent children. 7,693
(C) "Defendant" means a person who is alleged to be the 7,695
perpetrator of a crime in a police report or in a complaint, 7,696
indictment, or information that charges the commission of a crime 7,697
and that provides the basis for the criminal prosecution and 7,698
subsequent proceedings to which this chapter makes reference. 7,699
(D) "Member of the victim's family" means a spouse, child, 7,701
stepchild, sibling, parent, stepparent, grandparent, or other 7,702
relative of a victim but does not include a person who is charged 7,704
with, convicted of, or adjudicated to be a delinquent child for 7,705
the crime or specified delinquent act against the victim or 7,707
another crime or specified delinquent act arising from the same
conduct, criminal episode, or plan. 7,709
(E) "Prosecutor" means one of the following: 7,711
(1) With respect to a criminal case, it has the same 7,713
meaning as in section 2935.01 of the Revised Code and also 7,714
includes the attorney general and, when appropriate, the 7,715
employees of any person listed in section 2935.01 of the Revised 7,716
Code or of the attorney general. 7,717
(2) With respect to a delinquency proceeding, it includes 7,719
any person listed in division (C) of section 2935.01 of the 7,720
Revised Code or an employee of a person listed in that division 7,722
who prosecutes a delinquency proceeding.
(F) "Public agency" means an office, agency, department, 7,724
bureau, or other governmental entity of the state or of a 7,726
political subdivision of the state.
(G) "Public official" has the same meaning as in section 7,728
2921.01 of the Revised Code. 7,729
(H) "Victim" means a person who is identified as the 7,731
victim of a crime or specified delinquent act in a police report 7,732
or in a complaint, indictment, or information that charges the 7,734
commission of a crime and that provides the basis for the 7,735
criminal prosecution or delinquency proceeding and subsequent 7,736
177
proceedings to which this chapter makes reference. 7,737
(I) "Victim's representative" means a member of the 7,739
victim's family or another person who pursuant to the authority 7,740
of section 2930.02 of the Revised Code exercises the rights of a 7,741
victim under this chapter.
(J) "Court" means a court of common pleas, juvenile court, 7,743
municipal court, or county court. 7,744
(K) "Delinquency proceeding" means all proceedings in a 7,746
juvenile court that are related to a case in which a complaint 7,747
has been filed alleging that a child is a delinquent child. 7,748
(L) "Case" means a delinquency proceeding and all related 7,750
activity or a criminal prosecution and all related activity. 7,751
(M) The "defense" means the defense against criminal 7,753
charges in a criminal prosecution or the defense against a 7,754
delinquent child complaint in a delinquency proceeding. 7,755
(N) The "prosecution" means the prosecution of criminal 7,757
charges in a criminal prosecution or the prosecution of a 7,758
delinquent child complaint in a delinquency proceeding. 7,759
(O) "Specified delinquent act" means any of the following: 7,761
(1) An act committed by a child that if committed by an 7,763
adult would be a felony; 7,764
(2) An act committed by a child that is a violation of a 7,766
section listed in division (A)(1) or (2) of this section or is a 7,767
violation of a substantially equivalent municipal ordinance. 7,768
(P)(1) "Alleged juvenile offender" means a child who is 7,770
alleged to have committed a specified delinquent act in a police 7,771
report or in a complaint in juvenile court that charges the 7,772
commission of a specified delinquent act and that provides the 7,773
basis for the delinquency proceeding and all subsequent 7,774
proceedings to which this chapter makes reference.
(2) As used in divisions (O) and (P)(1) of this section, 7,776
"child" has the same meaning as in section 2151.011 of the 7,777
Revised Code.
Sec. 2935.36. (A) The prosecuting attorney may establish 7,786
178
pre-trial diversion programs for adults who are accused of 7,787
committing criminal offenses and whom the prosecuting attorney 7,789
believes probably will not offend again. The programs shall be
operated pursuant to written standards approved by journal entry 7,791
by the presiding judge or, in courts with only one judge, the 7,792
judge of the court of common pleas and shall not be applicable to 7,793
any of the following: 7,794
(1) Repeat offenders or dangerous offenders; 7,796
(2) Persons accused of an offense of violence, of a 7,798
violation of section 2903.06, 2903.07, 2907.04, 2907.05, 2907.21, 7,800
2907.22, 2907.31, 2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 7,801
2919.22, 2921.02, 2921.11, 2921.12, 2921.32, or 2923.20 of the 7,802
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 7,804
effective date of this amendment JULY 1, 1996, would have been a 7,805
violation of section 2905.04 of the Revised Code as it existed 7,806
prior to that date, with the exception that the prosecuting 7,807
attorney may permit persons accused of any such offense to enter 7,808
a pre-trial diversion program, if the prosecuting attorney finds 7,810
any of the following:
(a) The accused did not cause, threaten, or intend serious 7,812
physical harm to any person; 7,813
(b) The offense was the result of circumstances not likely 7,815
to recur; 7,816
(c) The accused has no history of prior delinquency or 7,818
criminal activity; 7,819
(d) The accused has led a law-abiding life for a 7,821
substantial time before commission of the alleged offense; 7,822
(e) Substantial grounds tending to excuse or justify the 7,824
alleged offense;. 7,825
(3) Persons accused of a violation of Chapter 2925. or 7,827
3719. of the Revised Code; 7,828
(4) Drug dependent persons or persons in danger of 7,830
becoming drug dependent persons, as defined in section 3719.011 7,831
179
of the Revised Code. However, this division does not affect the 7,832
eligibility of such persons for treatment INTERVENTION in lieu of 7,834
conviction pursuant to section 2951.041 of the Revised Code. 7,835
(5) Persons accused of a violation of section 4511.19 of 7,837
the Revised Code or a violation of any substantially similar 7,838
municipal ordinance. 7,839
(B) An accused who enters a diversion program shall do all 7,841
of the following: 7,842
(1) Waive, in writing and contingent upon the accused's 7,844
successful completion of the program, the accused's right to a 7,845
speedy trial, the preliminary hearing, the time period within 7,846
which the grand jury may consider an indictment against the 7,847
accused, and arraignment, unless the hearing, indictment, or 7,848
arraignment has already occurred;
(2) Agree, in writing, to the tolling while in the program 7,850
of all periods of limitation established by statutes or rules of 7,851
court, that are applicable to the offense with which the accused 7,853
is charged and to the conditions of the diversion program 7,854
established by the prosecuting attorney. 7,855
(C) The trial court, upon the application of the 7,857
prosecuting attorney, shall order the release from confinement of 7,858
any accused who has agreed to enter a pre-trial diversion program 7,859
and shall discharge and release any existing bail and release any 7,860
sureties on recognizances and shall release the accused on a 7,861
recognizance bond conditioned upon the accused's compliance with 7,862
the terms of the diversion program. The prosecuting attorney 7,863
shall notify every victim of the crime and the arresting officers 7,864
of the prosecuting attorney's intent to permit the accused to 7,866
enter a pre-trial diversion program. The victim of the crime and 7,867
the arresting officers shall have the opportunity to file written 7,868
objections with the prosecuting attorney prior to the 7,869
commencement of the pre-trial diversion program. 7,870
(D) If the accused satisfactorily completes the diversion 7,872
program, the prosecuting attorney shall recommend to the trial 7,873
180
court that the charges against the accused be dismissed, and the 7,874
court, upon the recommendation of the prosecuting attorney, shall 7,875
dismiss the charges. If the accused chooses not to enter the 7,876
prosecuting attorney's diversion program, or if the accused 7,877
violates the conditions of the agreement pursuant to which the 7,878
accused has been released, the accused may be brought to trial 7,879
upon the charges in the manner provided by law, and the waiver 7,880
executed pursuant to division (B)(1) of this section shall be 7,881
void on the date the accused is removed from the program for the 7,882
violation.
(E) As used in this section: 7,884
(1) "Repeat offender" means a person who has a history of 7,886
persistent criminal activity and whose character and condition 7,887
reveal a substantial risk that the person will commit another 7,888
offense. It is prima-facie evidence that a person is a repeat 7,890
offender if any of the following applies:
(a) Having been convicted of one or more offenses of 7,892
violence and having been imprisoned pursuant to sentence for any 7,893
such offense, the person commits a subsequent offense of 7,894
violence;
(b) Having been convicted of one or more sexually oriented 7,896
offenses as defined in section 2950.01 of the Revised Code and 7,898
having been imprisoned pursuant to sentence for one or more of 7,899
those offenses, the person commits a subsequent sexually oriented 7,900
offense;
(c) Having been convicted of one or more theft offenses as 7,902
defined in section 2913.01 of the Revised Code and having been 7,903
imprisoned pursuant to sentence for one or more of those theft 7,904
offenses, the person commits a subsequent theft offense; 7,905
(d) Having been convicted of one or more felony drug abuse 7,907
offenses as defined in section 2925.01 of the Revised Code and 7,909
having been imprisoned pursuant to sentence for one or more of
those felony drug abuse offenses, the person commits a subsequent 7,910
felony drug abuse offense; 7,911
181
(e) Having been convicted of two or more felonies and 7,913
having been imprisoned pursuant to sentence for one or more 7,914
felonies, the person commits a subsequent offense; 7,915
(f) Having been convicted of three or more offenses of any 7,917
type or degree other than traffic offenses, alcoholic 7,918
intoxication offenses, or minor misdemeanors and having been 7,919
imprisoned pursuant to sentence for any such offense, the person 7,920
commits a subsequent offense.
(2) "Dangerous offender" means a person who has committed 7,922
an offense, whose history, character, and condition reveal a 7,923
substantial risk that the person will be a danger to others, and 7,924
whose conduct has been characterized by a pattern of repetitive, 7,926
compulsive, or aggressive behavior with heedless indifference to
the consequences. 7,927
Sec. 2937.99. Whoever fails (A) NO PERSON SHALL FAIL to 7,937
appear as required, after having been released pursuant to 7,938
section 2937.29 of the Revised Code, shall be sentenced as 7,939
follows:. WHOEVER VIOLATES THIS SECTION IS GUILTY OF FAILURE TO 7,940
APPEAR AND SHALL BE PUNISHED AS SET FORTH IN DIVISION (B) OR (C) 7,941
OF THIS SECTION.
(A)(B) If the release was in connection with a charge of 7,943
the commission of a felony or pending appeal after conviction of 7,944
a felony, he shall be fined not more than five thousand dollars 7,946
or imprisoned in a state correctional institution for not less 7,947
than one nor more than five years, or both FAILURE TO APPEAR IS A 7,948
FELONY OF THE FOURTH DEGREE. 7,949
(B)(C) If the release was in connection with a charge of 7,951
the commission of a misdemeanor or for appearance as a witness, 7,952
he shall be fined not more than one thousand dollars or 7,953
imprisoned not more than one year, or both FAILURE TO APPEAR IS A 7,954
MISDEMEANOR OF THE FIRST DEGREE. 7,956
(D) This section does not apply to misdemeanors and 7,958
related ordinance offenses arising under Chapters 4501., 4503., 7,959
4505., 4507., 4509., 4511., 4513., 4517., 4549., and 5577. of the 7,960
182
Revised Code, except that this section does apply to violations 7,961
of sections 4511.19, 4549.02, and 4549.021 of the Revised Code 7,962
and ordinance offenses related to such sections 4511.19, 4549.02, 7,964
AND 4549.021 OF THE REVISED CODE.
Sec. 2941.141. (A) Imposition of a one-year mandatory 7,973
prison term upon an offender under division (D)(1)(a)(i) of 7,974
section 2929.14 of the Revised Code is precluded unless the 7,975
indictment, count in the indictment, or information charging the 7,977
offense specifies that the offender had a firearm on or about the 7,978
offender's person or under the offender's control while 7,979
committing the offense. The specification shall be stated at the 7,980
end of the body of the indictment, count, or information, and 7,981
shall be in substantially the following form: 7,982
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). 7,985
The Grand Jurors (or insert the person's or the prosecuting 7,987
attorney's name when appropriate) further find and specify that 7,988
(set forth that the offender had a firearm on or about the 7,989
offender's person or under the offender's control while 7,990
committing the offense.)" 7,991
(B) Imposition of a one-year mandatory prison term upon an 7,993
offender under division (D)(1)(a)(i) of section 2929.14 of the 7,994
Revised Code is precluded if a court imposes a three-year or 7,996
six-year mandatory prison term on the offender under that 7,997
division relative to the same felony.
(C) As used in this section, "firearm" has the same 7,999
meaning as in section 2923.11 of the Revised Code. 8,000
Sec. 2941.144. (A) Imposition of a six-year mandatory 8,009
prison term upon an offender under division (D)(1)(a)(i) of 8,010
section 2929.14 of the Revised Code is precluded unless the 8,011
indictment, count in the indictment, or information charging the 8,012
offense specifies that the offender had a firearm that is an 8,013
automatic firearm or that was equipped with a firearm muffler or 8,014
silencer on or about the offender's person or under the 8,015
offender's control while committing the offense. The 8,017
183
specification shall be stated at the end of the body of the 8,018
indictment, count, or information and shall be stated in 8,019
substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 8,021
Grand Jurors (or insert the person's or the prosecuting 8,022
attorney's name when appropriate) further find and specify that 8,023
(set forth that the offender had a firearm that is an automatic 8,024
firearm or that was equipped with a firearm muffler or silencer 8,025
on or about the offender's person or under the offender's control 8,026
while committing the offense)." 8,027
(B) Imposition of a six-year mandatory prison term upon an 8,029
offender under division (D)(1)(a)(i) of section 2929.14 of the 8,030
Revised Code is precluded if a court imposes a three-year or 8,032
one-year mandatory prison term on the offender under that 8,033
division relative to the same felony.
(C) As used in this section, "firearm" and "automatic 8,035
firearm" have the same meanings as in section 2923.11 of the 8,036
Revised Code.
Sec. 2941.145. (A) Imposition of a three-year mandatory 8,046
prison term upon an offender under division (D)(1)(a)(i) of 8,047
section 2929.14 of the Revised Code is precluded unless the 8,049
indictment, count in the indictment, or information charging the 8,050
offense specifies that the offender had a firearm on or about the 8,051
offender's person or under the offender's control while 8,052
committing the offense and displayed the firearm, brandished the 8,053
firearm, indicated that the offender possessed the firearm, or 8,054
used it to facilitate the offense. The specification shall be 8,055
stated at the end of the body of the indictment, county COUNT, or 8,056
information, and shall be stated in substantially the following 8,058
form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 8,061
Grand Jurors (or insert the person's or the prosecuting 8,062
attorney's name when appropriate) further find and specify that 8,063
(set forth that the offender had a firearm on or about the 8,064
184
offender's person or under the offender's control while 8,065
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or 8,066
used it to facilitate the offense)." 8,067
(B) Imposition of a three-year mandatory prison term upon 8,069
an offender under division (D)(1)(a)(i) of section 2929.14 of the 8,071
Revised Code is precluded if a court imposes a one-year or 8,072
six-year mandatory prison term on the offender under that
division relative to the same felony. 8,073
(C) As used in this section, "firearm" has the same 8,075
meaning as in section 2923.11 of the Revised Code. 8,076
Sec. 2941.146. (A) Imposition of a mandatory five-year 8,085
prison term upon an offender under division (D)(1)(a)(ii)(c) of 8,086
section 2929.14 of the Revised Code for committing a violation of 8,088
section 2923.161 of the Revised Code or for committing a felony 8,089
that includes, as an essential element, purposely or knowingly 8,090
causing or attempting to cause the death of or physical harm to 8,092
another and that was committed by discharging a firearm from a 8,093
motor vehicle other than a manufactured home is precluded unless 8,094
the indictment, count in the indictment, or information charging 8,095
the offender specifies that the offender committed the offense by 8,096
discharging a firearm from a motor vehicle other than a 8,097
manufactured home. The specification shall be stated at the end 8,098
of the body of the indictment, count, or information, and shall 8,099
be stated in substantially the following form: 8,100
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 8,102
Grand Jurors (or insert the person's or prosecuting attorney's 8,103
name when appropriate) further find and specify that (set forth 8,105
that the offender committed the violation of section 2923.161 of 8,106
the Revised Code or the felony that includes, as an essential 8,107
element, purposely or knowingly causing or attempting to cause
the death of or physical harm to another and that was committed 8,108
by discharging a firearm from a motor vehicle other than a 8,109
manufactured home)." 8,110
185
(B) As used in this section: 8,112
(1) "Firearm" has the same meaning as in section 2923.11 8,114
of the Revised Code; 8,115
(2) "Motor vehicle" and "manufactured home" have the same 8,117
meanings as in section 4501.01 of the Revised Code. 8,118
Sec. 2941.1410. (A) The EXCEPT AS PROVIDED IN SECTIONS 8,127
2925.03 AND 2925.11 OF THE REVISED CODE, THE determination by a 8,128
court that an offender is a major drug offender is precluded 8,130
unless the indictment, count in the indictment, or information 8,131
charging the offender specifies that the offender is a major drug 8,132
offender. The specification shall be stated at the end of the 8,133
body of the indictment, count, or information, and shall be 8,134
stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 8,137
Grand Jurors (or insert the person's or prosecuting attorney's 8,138
name when appropriate) further find and specify that (set forth 8,139
that the offender is a major drug offender)." 8,140
(B) The court shall determine the issue of whether an 8,142
offender is a major drug offender. 8,143
(C) As used in this section, "major drug offender" has the 8,145
same meaning as in section 2929.01 of the Revised Code. 8,146
Sec. 2949.08. (A) When a person WHO IS convicted of OR 8,155
PLEADS GUILTY TO A FELONY IS SENTENCED TO A COMMUNITY RESIDENTIAL 8,156
SANCTION IN A COMMUNITY-BASED CORRECTIONAL FACILITY PURSUANT TO 8,157
SECTION 2929.16 OF THE REVISED CODE OR WHEN A PERSON WHO IS 8,158
CONVICTED OF OR PLEADS GUILTY TO A FELONY OR a misdemeanor is 8,159
sentenced to A TERM OF imprisonment in A jail or the workhouse, 8,161
the judge or magistrate shall order him THE PERSON into the 8,163
custody of the sheriff or constable, who AND THE SHERIFF OR 8,164
CONSTABLE shall deliver him THE PERSON with the record of his THE 8,167
PERSON'S conviction, to the jailer, ADMINISTRATOR, or keeper, in 8,169
whose custody he THE PERSON shall remain until the term of his 8,170
imprisonment expires or he THE PERSON is otherwise legally 8,172
discharged.
186
(B) The record of the person's conviction shall specify 8,174
the total number of days, if any, that the person was confined 8,175
for any reason arising out of the offense for which he THE PERSON 8,177
was convicted and sentenced prior to delivery to the jailer, 8,178
ADMINISTRATOR, or keeper under this section. The record shall be 8,180
used to determine any reduction of sentence under division (C) of 8,181
this section.
(C) The (1) IF THE PERSON IS SENTENCED TO A JAIL FOR A 8,183
FELONY OR A MISDEMEANOR, THE jailer, administrator, or keeper in 8,185
charge of a jail or workhouse shall reduce the sentence of a 8,187
person delivered into his THE JAILER'S custody pursuant to 8,189
division (A) of this section by the total number of days the 8,190
prisoner PERSON was confined for any reason arising out of the 8,192
offense for which the prisoner PERSON was convicted and 8,194
sentenced, including confinement in lieu of bail while awaiting 8,195
trial, confinement for examination to determine his THE PERSON'S 8,196
competence to stand trial or to determine sanity, and confinement 8,197
while awaiting transportation to the place where he THE PERSON is 8,199
to serve his THE sentence. 8,200
(2) IF THE PERSON IS SENTENCED TO A COMMUNITY-BASED 8,202
CORRECTIONAL FACILITY FOR A FELONY, THE TOTAL AMOUNT OF TIME THAT 8,204
A PERSON SHALL BE CONFINED IN A COMMUNITY-BASED CORRECTIONAL 8,205
FACILITY, IN A JAIL, AND FOR ANY REASON ARISING OUT OF THE 8,206
OFFENSE FOR WHICH THE PERSON WAS CONVICTED AND SENTENCED PRIOR TO 8,207
DELIVERY TO THE JAILER, ADMINISTRATOR, OR KEEPER SHALL NOT EXCEED 8,208
THE MAXIMUM PRISON TERM AVAILABLE FOR THAT OFFENSE. ANY TERM IN 8,209
A JAIL SHALL BE REDUCED FIRST PURSUANT TO DIVISION (C)(1) OF THIS 8,210
SECTION BY THE TOTAL NUMBER OF DAYS THE PERSON WAS CONFINED PRIOR 8,212
TO DELIVERY TO THE JAILER, ADMINISTRATOR, OR KEEPER. ONLY AFTER 8,213
THE TERM IN A JAIL HAS BEEN ENTIRELY REDUCED MAY THE TERM IN A 8,214
COMMUNITY-BASED CORRECTIONAL FACILITY BE REDUCED PURSUANT TO THIS
DIVISION. THIS DIVISION DOES NOT AFFECT THE LIMITATIONS PLACED 8,216
ON THE DURATION OF A TERM IN A JAIL OR A COMMUNITY-BASED 8,217
CORRECTIONAL FACILITY UNDER DIVISIONS (A)(1), (2), AND (3) OF 8,218
187
SECTION 2929.16 OF THE REVISED CODE. 8,219
(D) For purposes of divisions (B) and (C) of this section, 8,221
a person shall be considered to have been confined for a day if 8,222
the person was confined for any period or periods of time 8,223
totaling more than eight hours during that day. 8,224
(E) AS USED IN THIS SECTION, "COMMUNITY-BASED CORRECTIONAL 8,226
FACILITY" AND "JAIL" HAVE THE SAME MEANINGS AS IN SECTION 2929.01 8,227
OF THE REVISED CODE.
Sec. 2951.02. (A)(1) In determining whether to suspend a 8,237
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 8,239
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 8,240
2929.51 of the Revised Code, the court shall consider the risk 8,241
that the offender will commit another offense and the need for 8,242
protecting the public from the risk, the nature and circumstances 8,243
of the offense, and the history, character, and condition of the 8,244
offender. 8,245
(2) An offender who has been convicted of or pleaded 8,247
guilty to a misdemeanor shall not be placed on probation and 8,248
shall not otherwise have the sentence of imprisonment imposed 8,249
upon the offender suspended pursuant to division (A) of section 8,251
2929.51 of the Revised Code if any EITHER of the following 8,253
applies:
(a) The offender is a repeat or dangerous offender, as 8,256
defined in section 2935.36 of the Revised Code. 8,257
(b) The misdemeanor offense involved was not a violation 8,260
of section 2923.12 of the Revised Code and was committed while 8,261
the offender was armed with a firearm or dangerous ordnance, as 8,262
defined in section 2923.11 of the Revised Code. 8,264
(c) Under division (C) of section 2903.07 of the Revised 8,266
Code, the offender is not eligible for probation. 8,267
(B) The following do not control the court's discretion 8,269
but the court shall consider them in favor of placing an offender 8,270
188
who has been convicted of or pleaded guilty to a misdemeanor on 8,271
probation or in favor of otherwise suspending the offender's 8,272
sentence of imprisonment pursuant to division (A) of section 8,273
2929.51 of the Revised Code: 8,274
(1) The offense neither caused nor threatened serious harm 8,276
to persons or property, or the offender did not contemplate that 8,277
it would do so. 8,278
(2) The offense was the result of circumstances unlikely 8,280
to recur. 8,281
(3) The victim of the offense induced or facilitated it. 8,283
(4) There are substantial grounds tending to excuse or 8,285
justify the offense, though failing to establish a defense. 8,286
(5) The offender acted under strong provocation. 8,288
(6) The offender has no history of prior delinquency or 8,290
criminal activity, or has led a law-abiding life for a 8,291
substantial period before commission of the present offense. 8,292
(7) The offender is likely to respond affirmatively to 8,294
probationary or other court-imposed treatment. 8,295
(8) The character and attitudes of the offender indicate 8,297
that the offender is unlikely to commit another offense. 8,298
(9) The offender has made or will make restitution or 8,300
reparation to the victim of the offender's offense for the 8,301
injury, damage, or loss sustained. 8,302
(10) Imprisonment of the offender will entail undue 8,304
hardship to the offender or the offender's dependents. 8,305
(C)(1)(a) When an offender who has been convicted of or 8,307
pleaded guilty to a misdemeanor is placed on probation or the 8,309
sentence of that type of offender otherwise is suspended pursuant 8,310
to division (A) of section 2929.51 of the Revised Code, the 8,312
probation or other suspension shall be at least on condition 8,313
that, during the period of probation or other suspension, the 8,314
offender shall abide by the law, including, but not limited to, 8,315
complying with the provisions of Chapter 2923. of the Revised 8,316
Code relating to the possession, sale, furnishing, transfer, 8,317
189
disposition, purchase, acquisition, carrying, conveying, or use 8,318
of, or other conduct involving, a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, and shall not 8,319
leave the state without the permission of the court or the 8,323
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good 8,324
behavior, the court may impose additional requirements on the 8,325
offender, including, but not limited to, requiring the offender 8,326
to make restitution pursuant to section 2929.21 of the Revised 8,327
Code for all or part of the property damage that is caused by the 8,329
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 8,330
division (K) of section 2913.01 of the Revised Code, that the 8,331
offender committed. Compliance with the additional requirements 8,332
also shall be a condition of the offender's probation or other 8,333
suspension. 8,334
(b) When an offender who has been convicted of or pleaded 8,336
guilty to a felony is sentenced to a nonresidential sanction 8,337
pursuant to section 2929.17 of the Revised Code, the court shall 8,339
impose as a condition of the sanction that, during the period of 8,340
the nonresidential sanction, the offender shall abide by the law, 8,341
including, but not limited to, complying with the provisions of 8,342
Chapter 2923. of the Revised Code identified in division 8,344
(C)(1)(a) of this section. 8,345
(2) During the period of a misdemeanor offender's 8,347
probation or other suspension or during the period of a felon's 8,348
nonresidential sanction, authorized probation officers who are 8,350
engaged within the scope of their supervisory duties or 8,351
responsibilities may search, with or without a warrant, the 8,352
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 8,353
personal property, or other real property in which the offender 8,354
has a right, title, or interest or for which the offender has the 8,355
express or implied permission of a person with a right, title, or 8,357
190
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 8,358
abiding by the law or otherwise is not complying with the 8,359
conditions of the offender's probation or other suspension or the 8,361
conditions of the offender's nonresidential sanction. If a felon 8,362
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 8,363
described in division (A)(2)(a) of section 2929.15 of the Revised 8,364
Code, adult parole authority field officers with supervisory 8,365
responsibilities over the felon shall have the same search 8,366
authority relative to the felon during the period of the sanction 8,367
as is described under this division for probation officers. The 8,368
court that places the offender on probation or suspends the 8,370
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 8,372
that sentences the felon to a nonresidential sanction pursuant to 8,373
section 2929.17 of the Revised Code shall provide the offender 8,374
with a written notice that informs the offender that authorized 8,375
probation officers or adult parole authority field officers with 8,376
supervisory responsibilities over the offender who are engaged 8,377
within the scope of their supervisory duties or responsibilities 8,378
may conduct those types of searches during the period of 8,380
probation or other suspension or during the period of the 8,381
nonresidential sanction if they have reasonable grounds to 8,382
believe that the offender is not abiding by the law or otherwise 8,383
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 8,384
nonresidential sanction. 8,385
(D) The following do not control the court's discretion 8,387
but the court shall consider them against placing an offender who 8,388
has been convicted of or pleaded guilty to a misdemeanor on 8,389
probation and against otherwise suspending the offender's 8,390
sentence of imprisonment pursuant to division (A) of section 8,391
2929.51 of the Revised Code:
191
(1) The offender recently violated the conditions of 8,393
pardon, post-release control pursuant to section 2967.28 of the 8,395
Revised Code, or a probation or suspension pursuant to division 8,397
(A) of section 2929.51 of the Revised Code, previously granted 8,398
the offender.
(2) There is a substantial risk that, while at liberty 8,400
during the period of probation or other suspension, the offender 8,401
will commit another offense. 8,402
(3) The offender is in need of correctional or 8,404
rehabilitative treatment that can be provided best by the 8,405
offender's commitment to a locally governed and operated 8,406
residential facility.
(4) Regardless of whether the offender knew the age of the 8,408
victim, the victim of the offense was sixty-five years of age or 8,409
older or permanently and totally disabled at the time of the 8,410
commission of the offense. 8,411
(E) The criteria listed in divisions (B) and (D) of this 8,413
section shall not be construed to limit the matters that may be 8,414
considered in determining whether to suspend sentence of 8,415
imprisonment and place an offender who has been convicted of or 8,416
pleaded guilty to a misdemeanor on probation or whether to 8,417
otherwise suspend the offender's sentence of imprisonment 8,418
pursuant to division (A) of section 2929.51 of the Revised Code. 8,420
(F)(1) When an offender is convicted of or pleads guilty 8,424
to a misdemeanor, the court may require the offender, as a 8,425
condition of probation or as a condition of otherwise suspending 8,426
the offender's sentence pursuant to division (A) of section 8,427
2929.51 of the Revised Code, in addition to the conditions of 8,428
probation or other suspension imposed pursuant to division (C) of 8,429
this section, to perform supervised community service work under 8,430
the authority of health districts, park districts, counties, 8,431
municipal corporations, townships, other political subdivisions 8,432
of the state, or agencies of the state or any of its political 8,433
subdivisions, or under the authority of charitable organizations 8,434
192
that render services to the community or its citizens, in 8,435
accordance with this division. Supervised community service work 8,436
shall not be required as a condition of probation or other 8,437
suspension under this division unless the offender agrees to 8,438
perform the work offered as a condition of probation or other 8,439
suspension by the court. The court may require an offender who 8,440
agrees to perform the work to pay to it a reasonable fee to cover 8,441
the costs of the offender's participation in the work, including, 8,442
but not limited to, the costs of procuring a policy or policies 8,443
of liability insurance to cover the period during which the 8,444
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 8,446
to satisfy the payment of a fine imposed for the offense by 8,447
performing supervised community service work as described in this 8,448
division if the offender requests an opportunity to satisfy the 8,449
payment by this means and if the court determines the offender is 8,450
financially unable to pay the fine. 8,451
The supervised community service work that may be imposed 8,453
under this division shall be subject to the following 8,454
limitations: 8,455
(a) The court shall fix the period of the work and, if 8,457
necessary, shall distribute it over weekends or over other 8,458
appropriate times that will allow the offender to continue at the 8,459
offender's occupation or to care for the offender's family. The 8,460
period of the work as fixed by the court shall not exceed an 8,461
aggregate of two hundred hours. 8,462
(b) An agency, political subdivision, or charitable 8,464
organization must agree to accept the offender for the work 8,465
before the court requires the offender to perform the work for 8,466
the entity. A court shall not require an offender to perform 8,467
supervised community service work for an agency, political 8,468
subdivision, or charitable organization at a location that is an 8,469
unreasonable distance from the offender's residence or domicile, 8,470
unless the offender is provided with transportation to the 8,471
193
location where the work is to be performed. 8,472
(c) A court may enter into an agreement with a county 8,474
department of human services for the management, placement, and 8,475
supervision of offenders eligible for community service work in 8,476
work activities, developmental activities, and alternative work 8,479
activities under sections 5107.40 to 5107.69 of the Revised Code. 8,481
If a court and a county department of human services have entered 8,482
into an agreement of that nature, the clerk of that court is 8,483
authorized to pay directly to the department of human services 8,484
all or a portion of the fees collected by the court pursuant to 8,485
this division in accordance with the terms of its agreement. 8,486
(d) Community service work that a court requires under 8,488
this division shall be supervised by an official of the agency, 8,489
political subdivision, or charitable organization for which the 8,490
work is performed or by a person designated by the agency, 8,491
political subdivision, or charitable organization. The official 8,492
or designated person shall be qualified for the supervision by 8,493
education, training, or experience, and periodically shall 8,494
report, in writing, to the court and to the offender's probation 8,495
officer concerning the conduct of the offender in performing the 8,496
work. 8,497
(2) When an offender is convicted of a felony, the court 8,499
may impose pursuant to sections 2929.15 and 2929.17 of the 8,500
Revised Code a sanction that requires the offender to perform 8,501
supervised community service work in accordance with this 8,502
division and under the authority of any agency, political 8,503
subdivision, or charitable organization as described in division 8,504
(F)(1) of this section. The court may require an offender who is 8,505
ordered to perform the work to pay to it a reasonable fee to 8,506
cover the costs of the offender's participation in the work, 8,507
including, but not limited to, the costs of procuring a policy or 8,508
policies of liability insurance to cover the period during which 8,509
the offender will perform the work. 8,510
A court may permit an offender convicted of a felony to 8,512
194
satisfy the payment of a fine imposed for the offense pursuant to 8,513
section 2929.18 of the Revised Code by performing supervised 8,514
community service work as described in this division if the court 8,516
determines that the offender is financially unable to pay the 8,517
fine.
The supervised community service work that may be imposed 8,519
under this division shall be subject to the limitations specified 8,520
in divisions (F)(1)(a) to (d) of this section, except that the 8,521
court is not required to obtain the agreement of the offender to 8,522
impose supervised community work as a sanction. Additionally, 8,523
the total of any period of supervised community service work 8,524
imposed on an offender under this division plus the period of all 8,525
other sanctions imposed pursuant to sections 2929.15, 2929.16, 8,526
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 8,528
section 4511.19 of the Revised Code, a municipal ordinance 8,529
relating to operating a vehicle while under the influence of 8,530
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 8,531
municipal ordinance relating to operating a vehicle with a 8,532
prohibited concentration of alcohol in the blood, breath, or 8,533
urine or of a misdemeanor violation of section 2903.07 of the 8,534
Revised Code or an equivalent violation of a municipal ordinance 8,536
that is substantially similar to section 2903.07 of the Revised 8,538
Code and that provides for that type of finding by a jury or 8,539
judge in a case in which the jury or judge found that the 8,540
offender was under the influence of alcohol at the time of the 8,541
commission of the offense, the court may require, as a condition 8,542
of probation in addition to the required conditions of probation 8,543
and the discretionary conditions of probation that may be imposed 8,544
pursuant to division (C) of this section, any suspension or 8,545
revocation of a driver's or commercial driver's license or permit 8,546
or nonresident operating privilege, and all other penalties 8,547
provided by law or by ordinance, that the offender operate only a 8,548
195
motor vehicle equipped with an ignition interlock device that is 8,549
certified pursuant to section 4511.83 of the Revised Code. 8,550
(2) When a court requires an offender, as a condition of 8,552
probation pursuant to division (G)(1) of this section, to operate 8,553
only a motor vehicle equipped with an ignition interlock device 8,554
that is certified pursuant to section 4511.83 of the Revised 8,555
Code, the offender immediately shall surrender the offender's 8,556
driver's or commercial driver's license or permit to the court. 8,557
Upon the receipt of the offender's license or permit, the court 8,558
shall issue an order authorizing the offender to operate a motor 8,559
vehicle equipped with a certified ignition interlock device, 8,560
deliver the offender's license or permit to the bureau of motor 8,561
vehicles, and include in the abstract of the case forwarded to 8,562
the bureau pursuant to section 4507.021 of the Revised Code the 8,563
conditions of probation imposed pursuant to division (G)(1) of 8,564
this section. The court shall give the offender a copy of its 8,565
order, and that copy shall be used by the offender in lieu of a 8,566
driver's or commercial driver's license or permit until the 8,567
bureau issues a restricted license to the offender. 8,568
(3) Upon receipt of an offender's driver's or commercial 8,570
driver's license or permit pursuant to division (G)(2) of this 8,571
section, the bureau of motor vehicles shall issue a restricted 8,572
license to the offender. The restricted license shall be 8,573
identical to the surrendered license, except that it shall have 8,574
printed on its face a statement that the offender is prohibited 8,575
from operating a motor vehicle that is not equipped with an 8,576
ignition interlock device that is certified pursuant to section 8,577
4511.83 of the Revised Code. The bureau shall deliver the 8,578
offender's surrendered license or permit to the court upon 8,579
receipt of a court order requiring it to do so, or reissue the 8,580
offender's license or permit under section 4507.54 of the Revised 8,581
Code if the registrar destroyed the offender's license or permit 8,582
under that section. The offender shall surrender the restricted 8,583
license to the court upon receipt of the offender's surrendered 8,584
196
license or permit. 8,585
(4) If an offender violates a requirement of the court 8,587
imposed under division (G)(1) of this section, the offender's 8,588
driver's or commercial driver's license or permit or nonresident 8,589
operating privilege may be suspended as provided in section 8,590
4507.16 of the Revised Code. 8,591
(5) As used in this division, "ignition interlock device" 8,593
has the same meaning as in section 4511.83 of the Revised Code. 8,594
Sec. 2951.041. (A)(1) IF AN OFFENDER IS CHARGED WITH A 8,596
CRIMINAL OFFENSE AND THE COURT HAS REASON TO BELIEVE THAT DRUG OR 8,598
ALCOHOL USAGE BY THE OFFENDER WAS A FACTOR LEADING TO THE 8,599
OFFENDER'S CRIMINAL BEHAVIOR, THE COURT MAY ACCEPT, PRIOR TO THE 8,600
ENTRY OF A GUILTY PLEA, THE OFFENDER'S REQUEST FOR INTERVENTION 8,601
IN LIEU OF CONVICTION. THE REQUEST SHALL INCLUDE A WAIVER OF THE 8,603
DEFENDANT'S RIGHT TO A SPEEDY TRIAL, THE PRELIMINARY HEARING, THE 8,604
TIME PERIOD WITHIN WHICH THE GRAND JURY MAY CONSIDER AN 8,605
INDICTMENT AGAINST THE OFFENDER, AND ARRAIGNMENT, UNLESS THE 8,606
HEARING, INDICTMENT, OR ARRAIGNMENT HAS ALREADY OCCURRED. THE 8,608
COURT MAY REJECT AN OFFENDER'S REQUEST WITHOUT A HEARING. IF THE 8,610
COURT ELECTS TO CONSIDER AN OFFENDER'S REQUEST, THE COURT SHALL 8,611
CONDUCT A HEARING TO DETERMINE WHETHER THE OFFENDER IS ELIGIBLE 8,612
UNDER THIS SECTION FOR INTERVENTION IN LIEU OF CONVICTION AND 8,613
SHALL STAY ALL CRIMINAL PROCEEDINGS PENDING THE OUTCOME OF THE 8,614
HEARING. IF THE COURT SCHEDULES A HEARING, THE COURT SHALL ORDER 8,615
AN ASSESSMENT OF THE OFFENDER FOR THE PURPOSE OF DETERMINING THE 8,616
OFFENDER'S ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION AND 8,617
RECOMMENDING AN APPROPRIATE INTERVENTION PLAN. 8,618
(2) THE VICTIM NOTIFICATION PROVISIONS OF DIVISION (C) OF 8,621
SECTION 2930.08 OF THE REVISED CODE APPLY IN RELATION TO ANY 8,622
HEARING HELD UNDER DIVISION (A)(1) OF THIS SECTION. 8,624
(B) AN OFFENDER IS ELIGIBLE FOR INTERVENTION IN LIEU OF 8,627
CONVICTION IF THE COURT FINDS ALL OF THE FOLLOWING: 8,628
(1) THE OFFENDER PREVIOUSLY HAS NOT BEEN CONVICTED OF OR 8,630
PLEADED GUILTY TO A FELONY, PREVIOUSLY HAS NOT BEEN THROUGH 8,631
197
INTERVENTION IN LIEU OF CONVICTION UNDER THIS SECTION OR ANY 8,632
SIMILAR REGIMEN, AND IS CHARGED WITH A FELONY FOR WHICH THE 8,633
COURT, UPON CONVICTION, WOULD IMPOSE SENTENCE UNDER DIVISION 8,635
(B)(2)(b) OF SECTION 2929.13 OF THE REVISED CODE OR WITH A 8,637
MISDEMEANOR. 8,638
(2) THE OFFENSE IS NOT A FELONY OF THE FIRST, SECOND, OR 8,640
THIRD DEGREE, IS NOT AN OFFENSE OF VIOLENCE, IS NOT A VIOLATION 8,641
OF DIVISION (A)(1) OR (2) OF SECTION 2903.06 OF THE REVISED CODE, 8,642
IS NOT A VIOLATION OF DIVISION (A)(1) OF SECTION 2903.08 OF THE 8,644
REVISED CODE, IS NOT A VIOLATION OF DIVISION (A) OF SECTION 8,646
4511.19 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE THAT IS 8,647
SUBSTANTIALLY SIMILAR TO THAT DIVISION, AND IS NOT AN OFFENSE FOR 8,648
WHICH A SENTENCING COURT IS REQUIRED TO IMPOSE A MANDATORY PRISON 8,649
TERM, A MANDATORY TERM OF LOCAL INCARCERATION, OR A MANDATORY 8,650
TERM OF IMPRISONMENT IN A JAIL.
(3) THE OFFENDER IS NOT CHARGED WITH A VIOLATION OF 8,652
SECTION 2925.02, 2925.03, 2925.04, 2925.06, OR 2925.11 OF THE 8,654
REVISED CODE THAT IS A FELONY OF THE FIRST, SECOND, OR THIRD 8,655
DEGREE.
(4) THE OFFENDER IS NOT CHARGED WITH A VIOLATION OF 8,657
SECTION 2925.11 OF THE REVISED CODE THAT IS A FELONY OF THE 8,658
FOURTH DEGREE, OR THE OFFENDER IS CHARGED WITH A VIOLATION OF 8,659
THAT SECTION THAT IS A FELONY OF THE FOURTH DEGREE, AND THE 8,660
PROSECUTOR IN THE CASE HAS RECOMMENDED THAT THE OFFENDER BE 8,661
CLASSIFIED AS BEING ELIGIBLE FOR INTERVENTION IN LIEU OF 8,662
CONVICTION UNDER THIS SECTION. 8,663
(5) THE OFFENDER HAS BEEN ASSESSED BY AN APPROPRIATELY 8,665
LICENSED PROVIDER, CERTIFIED FACILITY, OR LICENSED AND 8,666
CREDENTIALED PROFESSIONAL, INCLUDING, BUT NOT LIMITED TO, A 8,667
PROGRAM LICENSED BY THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION 8,668
SERVICES PURSUANT TO SECTION 3793.11 OF THE REVISED CODE, A 8,670
PROGRAM CERTIFIED BY THAT DEPARTMENT PURSUANT TO SECTION 3793.06 8,671
OF THE REVISED CODE, A PUBLIC OR PRIVATE HOSPITAL, THE UNITED 8,674
STATES DEPARTMENT OF VETERANS AFFAIRS, ANOTHER APPROPRIATE AGENCY 8,675
198
OF THE GOVERNMENT OF THE UNITED STATES, OR A LICENSED PHYSICIAN, 8,678
PSYCHIATRIST, PSYCHOLOGIST, INDEPENDENT SOCIAL WORKER, 8,679
PROFESSIONAL COUNSELOR, OR CHEMICAL DEPENDENCY COUNSELOR FOR THE 8,680
PURPOSE OF DETERMINING THE OFFENDER'S ELIGIBILITY FOR
INTERVENTION IN LIEU OF CONVICTION AND RECOMMENDING AN 8,681
APPROPRIATE INTERVENTION PLAN. 8,682
(6) THE OFFENDER'S DRUG OR ALCOHOL USAGE WAS A FACTOR 8,684
LEADING TO THE CRIMINAL OFFENSE WITH WHICH THE OFFENDER IS 8,685
CHARGED, INTERVENTION IN LIEU OF CONVICTION WOULD NOT DEMEAN THE 8,686
SERIOUSNESS OF THE OFFENSE, AND INTERVENTION WOULD SUBSTANTIALLY 8,687
REDUCE THE LIKELIHOOD OF ANY FUTURE CRIMINAL ACTIVITY. 8,688
(7) THE ALLEGED VICTIM OF THE OFFENSE WAS NOT SIXTY-FIVE 8,690
YEARS OF AGE OR OLDER, PERMANENTLY AND TOTALLY DISABLED, UNDER 8,691
THIRTEEN YEARS OF AGE, OR A PEACE OFFICER ENGAGED IN THE 8,692
OFFICER'S OFFICIAL DUTIES AT THE TIME OF THE ALLEGED OFFENSE. 8,693
(8) THE OFFENDER IS WILLING TO COMPLY WITH ALL TERMS AND 8,695
CONDITIONS IMPOSED BY THE COURT PURSUANT TO DIVISION (D) OF THIS 8,697
SECTION.
(C) AT THE CONCLUSION OF A HEARING HELD PURSUANT TO 8,700
DIVISION (A) OF THIS SECTION, THE COURT SHALL ENTER ITS 8,702
DETERMINATION AS TO WHETHER THE OFFENDER IS ELIGIBLE FOR 8,703
INTERVENTION IN LIEU OF CONVICTION AND AS TO WHETHER TO GRANT THE 8,704
OFFENDER'S REQUEST. IF THE COURT FINDS THAT THE OFFENDER IS 8,705
ELIGIBLE AND GRANTS THE OFFENDER'S REQUEST, THE COURT SHALL 8,706
ACCEPT THE OFFENDER'S PLEA OF GUILTY AND WAIVER OF THE 8,707
DEFENDANT'S RIGHT TO A SPEEDY TRIAL, THE PRELIMINARY HEARING, THE 8,708
TIME PERIOD WITHIN WHICH THE GRAND JURY MAY CONSIDER AN 8,709
INDICTMENT AGAINST THE OFFENDER, AND ARRAIGNMENT, UNLESS THE 8,710
HEARING, INDICTMENT, OR ARRAIGNMENT HAS ALREADY OCCURRED. IN 8,711
ADDITION, THE COURT THEN MAY STAY ALL CRIMINAL PROCEEDINGS AND 8,712
ORDER THE OFFENDER TO COMPLY WITH ALL TERMS AND CONDITIONS 8,713
IMPOSED BY THE COURT PURSUANT TO DIVISION (D) OF THIS SECTION. 8,714
IF THE COURT FINDS THAT THE OFFENDER IS NOT ELIGIBLE OR DOES NOT 8,715
GRANT THE OFFENDER'S REQUEST, THE CRIMINAL PROCEEDINGS AGAINST 8,716
199
THE OFFENDER SHALL PROCEED AS IF THE OFFENDER'S REQUEST FOR 8,717
INTERVENTION IN LIEU OF CONVICTION HAD NOT BEEN MADE. 8,718
(D) IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR 8,721
INTERVENTION IN LIEU OF CONVICTION, THE COURT SHALL PLACE THE 8,722
OFFENDER UNDER THE GENERAL CONTROL AND SUPERVISION OF THE COUNTY 8,723
PROBATION DEPARTMENT, THE ADULT PAROLE AUTHORITY, OR ANOTHER 8,724
APPROPRIATE LOCAL PROBATION OR COURT SERVICES AGENCY, IF ONE 8,725
EXISTS, AS IF THE OFFENDER WAS SUBJECT TO A COMMUNITY CONTROL 8,726
SANCTION IMPOSED UNDER SECTION 2929.15 OR 2929.18 OF THE REVISED 8,727
CODE OR WAS ON PROBATION UNDER SECTIONS 2929.51 AND 2951.02 OF 8,728
THE REVISED CODE AND OTHER PROVISIONS OF THE MISDEMEANOR 8,730
SENTENCING LAW. THE COURT SHALL ESTABLISH AN INTERVENTION PLAN 8,731
FOR THE OFFENDER. THE TERMS AND CONDITIONS OF THE INTERVENTION 8,732
PLAN SHALL REQUIRE THE OFFENDER, FOR AT LEAST ONE YEAR FROM THE 8,733
DATE ON WHICH THE COURT GRANTS THE ORDER OF INTERVENTION IN LIEU 8,734
OF CONVICTION, TO ABSTAIN FROM THE USE OF ILLEGAL DRUGS AND 8,735
ALCOHOL AND TO SUBMIT TO REGULAR RANDOM TESTING FOR DRUG AND 8,736
ALCOHOL USE AND MAY INCLUDE ANY OTHER TREATMENT TERMS AND 8,737
CONDITIONS, OR TERMS AND CONDITIONS SIMILAR TO COMMUNITY CONTROL 8,738
SANCTIONS, THAT ARE ORDERED BY THE COURT. 8,739
(E) IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR 8,742
INTERVENTION IN LIEU OF CONVICTION AND THE COURT FINDS THAT THE 8,743
OFFENDER HAS SUCCESSFULLY COMPLETED THE INTERVENTION PLAN FOR THE 8,744
OFFENDER, INCLUDING THE REQUIREMENT THAT THE OFFENDER ABSTAIN 8,745
FROM USING DRUGS AND ALCOHOL FOR A PERIOD OF AT LEAST ONE YEAR 8,746
FROM THE DATE ON WHICH THE COURT GRANTED THE ORDER OF 8,747
INTERVENTION IN LIEU OF CONVICTION AND ALL OTHER TERMS AND 8,748
CONDITIONS ORDERED BY THE COURT, THE COURT SHALL DISMISS THE 8,749
PROCEEDINGS AGAINST THE OFFENDER. SUCCESSFUL COMPLETION OF THE 8,750
INTERVENTION PLAN AND PERIOD OF ABSTINENCE UNDER THIS SECTION 8,751
SHALL BE WITHOUT ADJUDICATION OF GUILT AND IS NOT A CRIMINAL 8,752
CONVICTION FOR PURPOSES OF ANY DISQUALIFICATION OR DISABILITY 8,753
IMPOSED BY LAW AND UPON CONVICTION OF A CRIME, AND THE COURT MAY 8,754
ORDER THE SEALING OF RECORDS RELATED TO THE OFFENSE IN QUESTION 8,755
200
IN THE MANNER PROVIDED IN SECTIONS 2953.31 TO 2953.36 OF THE 8,756
REVISED CODE. 8,757
(F) IF THE COURT GRANTS AN OFFENDER'S REQUEST FOR 8,760
INTERVENTION IN LIEU OF CONVICTION AND THE OFFENDER FAILS TO 8,761
COMPLY WITH ANY TERM OR CONDITION IMPOSED AS PART OF THE 8,762
INTERVENTION PLAN FOR THE OFFENDER, THE SUPERVISING AUTHORITY FOR 8,763
THE OFFENDER PROMPTLY SHALL ADVISE THE COURT OF THIS FAILURE, AND 8,764
THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER THE OFFENDER 8,765
FAILED TO COMPLY WITH ANY TERM OR CONDITION IMPOSED AS PART OF 8,766
THE PLAN. IF THE COURT DETERMINES THAT THE OFFENDER HAS FAILED 8,767
TO COMPLY WITH ANY OF THOSE TERMS AND CONDITIONS, IT SHALL ENTER 8,768
A FINDING OF GUILTY AND SHALL IMPOSE AN APPROPRIATE SANCTION 8,769
UNDER CHAPTER 2929. OF THE REVISED CODE. 8,771
(G) AS USED IN THIS SECTION: 8,774
(1) "COMMUNITY CONTROL SANCTION" HAS THE SAME MEANING AS 8,776
IN SECTION 2929.01 OF THE REVISED CODE. 8,778
(2) "INTERVENTION IN LIEU OF CONVICTION" MEANS ANY 8,780
COURT-SUPERVISED ACTIVITY THAT COMPLIES WITH THIS SECTION. 8,782
(3) "PEACE OFFICER" HAS THE SAME MEANING AS IN SECTION 8,784
2935.01 OF THE REVISED CODE. 8,785
Sec. 2953.08. (A) In addition to any other right to 8,795
appeal and except as provided in division (D) of this section, a 8,796
defendant who is convicted of or pleads guilty to a felony may 8,797
appeal as a matter of right the sentence imposed upon the 8,798
defendant on one of the following grounds:
(1) The sentence consisted of or included the maximum 8,800
prison term allowed for the offense by division (A) of section 8,801
2929.14 of the Revised Code and, THE SENTENCE was not imposed 8,803
pursuant to division (D)(3)(b) of section 2929.14 of the Revised 8,804
Code, THE MAXIMUM PRISON TERM WAS NOT REQUIRED FOR THE OFFENSE 8,805
PURSUANT TO CHAPTER 2925. OR ANY OTHER PROVISION OF THE REVISED 8,806
CODE, and the court imposed it THE SENTENCE under one of the 8,807
following circumstances:
(a) The sentence was imposed for only one offense. 8,809
201
(b) The sentence was imposed for two or more offenses 8,812
arising out of a single incident, and the court imposed the 8,813
maximum prison term for the offense of the highest degree.
(2) The sentence consisted of or included a prison term, 8,815
the offense for which it was imposed is a felony of the fourth or 8,816
fifth degree or is a felony drug offense that is a violation of a 8,817
provision of Chapter 2925. of the Revised Code and that is 8,818
specified as being subject to division (B) of section 2929.13 of 8,819
the Revised Code for purposes of sentencing, and the court did 8,820
not specify at sentencing that it found one or more factors 8,821
specified in divisions (B)(1)(a) to (h)(i) of section 2929.13 of 8,823
the Revised Code to apply relative to the defendant. If the 8,825
court specifies that it found one or more of those factors to 8,826
apply relative to the defendant, the defendant is not entitled 8,827
under this division to appeal as a matter of right the sentence 8,828
imposed upon the offender.
(3) The person was convicted of or pleaded guilty to a 8,830
sexually violent offense, was adjudicated as being a sexually 8,831
violent predator, and was sentenced pursuant to division (A)(3) 8,832
of section 2971.03 of the Revised Code, if the minimum term of 8,834
the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available 8,835
for the offense from among the range of terms listed in section 8,837
2929.14 of the Revised Code. As used in this division, "sexually 8,839
violent offense" and "sexually violent predator" have the same
meanings as in section 2971.01 of the Revised Code. 8,840
(4) The sentence is contrary to law. 8,842
(5) THE SENTENCE CONSISTED OF AN ADDITIONAL PRISON TERM OF 8,844
TEN YEARS IMPOSED PURSUANT TO DIVISION (D)(2)(b) OF SECTION 8,845
2929.14 OF THE REVISED CODE. 8,846
(6) The sentence consisted of an additional prison term of 8,848
ten years imposed pursuant to division (D)(3)(b) of section 8,849
2929.14 of the Revised Code. 8,850
(B) In addition to any other right to appeal and except as 8,853
202
provided in division (D) of this section, a prosecuting attorney, 8,854
a city director of law, village solicitor, or similar chief legal 8,855
officer of a municipal corporation, or the attorney general, if 8,856
one of those persons prosecuted the case, may appeal as a matter 8,857
of right a sentence imposed upon a defendant who is convicted of 8,858
or pleads guilty to a felony or, in the circumstances described 8,859
in division (B)(3) of this section the modification of a sentence 8,860
imposed upon such a defendant, on any of the following grounds: 8,861
(1) The sentence did not include a prison term despite a 8,864
presumption favoring a prison term for the offense for which it 8,865
was imposed, as set forth in section 2929.13 or Chapter 2925. of 8,866
the Revised Code.
(2) The sentence is contrary to law. 8,868
(3) The sentence is a modification under section 2929.20 8,870
of the Revised Code of a sentence that was imposed for a felony 8,871
of the first or second degree.
(C) In addition to the right to appeal a sentence granted 8,874
under division (A) or (B) of this section, a defendant who is 8,875
convicted of or pleads guilty to a felony may seek leave to 8,876
appeal a sentence imposed upon the defendant on the basis that 8,877
the sentencing judge has imposed consecutive sentences under 8,878
division (E)(3) or (4) of section 2929.14 of the Revised Code and 8,879
that the consecutive sentences exceed the maximum prison term 8,880
allowed by division (A) of that section for the most serious 8,881
offense of which the defendant was convicted. Upon the filing of 8,882
a motion under this division, the court of appeals may grant 8,884
leave to appeal the sentence if the court determines that the 8,885
allegation included as the basis of the motion is true. 8,886
(D) A sentence imposed upon a defendant is not subject to 8,889
review under this section if the sentence is authorized by law, 8,890
has been recommended jointly by the defendant and the prosecution 8,891
in the case, and is imposed by a sentencing judge. A sentence 8,892
imposed for aggravated murder or murder pursuant to sections 8,893
2929.02 to 2929.06 of the Revised Code is not subject to review 8,894
203
under this section.
(E) A defendant, prosecuting attorney, city director of 8,897
law, village solicitor, or chief municipal legal officer shall 8,898
file an appeal of a sentence under this section to a court of 8,899
appeals within the time limits specified in Rule 4(B) of the 8,900
Rules of Appellate Procedure, provided that if the appeal is 8,901
pursuant to division (B)(3) of this section, the time limits 8,902
specified in that rule shall not commence running until the court 8,903
grants the motion that makes the sentence modification in 8,904
question. A sentence appeal under this section shall be 8,905
consolidated with any other appeal in the case. If no other 8,906
appeal is filed, the court of appeals may review only the 8,907
portions of the trial record that pertain to sentencing. 8,908
(F) On the appeal of a sentence under this section, the 8,911
record to be reviewed shall include all of the following, as 8,912
applicable:
(1) Any presentence, psychiatric, or other investigative 8,915
report that was submitted to the court in writing before the 8,916
sentence was imposed. An appellate court that reviews a 8,917
presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in 8,918
connection with the appeal of a sentence under this section shall 8,919
comply with division (D)(3) of section 2951.03 of the Revised 8,920
Code when the appellate court is not using the presentence 8,921
investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection 8,922
with the appeal of a sentence under this section does not affect 8,923
the otherwise confidential character of the contents of that 8,924
report as described in division (D)(1) of section 2951.03 of the 8,925
Revised Code and does not cause that report to become a public 8,926
record, as defined in section 149.43 of the Revised Code,
following the appellate court's use of the report. 8,927
(2) The trial record in the case in which the sentence was 8,930
imposed;
204
(3) Any oral or written statements made to or by the court 8,933
at the sentencing hearing at which the sentence was imposed; 8,934
(4) Any written findings that the court was required to 8,936
make in connection with the modification of the sentence pursuant 8,937
to a judicial release under division (H) of section 2929.20 of 8,939
the Revised Code.
(G)(1) The court hearing an appeal of a sentence under 8,941
division (A) or (B)(1) or (2) of this section may increase, 8,943
reduce, or otherwise modify a sentence that is appealed under 8,944
this section or may vacate the sentence and remand the matter to 8,945
the trial court for resentencing if the court clearly and 8,946
convincingly finds any of the following:
(a) That the record does not support the sentence; 8,948
(b) That the sentence included a prison term, that the 8,950
offense for which it was imposed is a felony of the fourth or 8,951
fifth degree or is a felony drug offense that is a violation of a 8,952
provision of Chapter 2925. of the Revised Code and that is 8,953
specified as being subject to division (B) of section 2929.13 of 8,954
the Revised Code for purposes of sentencing, that the court did 8,955
not specify in the finding it makes at sentencing that it found 8,956
one or more of the factors specified in divisions (B)(1)(a) to 8,957
(h) of section 2929.13 of the Revised Code to apply relative to 8,959
the defendant who brought the appeal, and either that the
procedures set forth in division (B) of section 2929.13 of the 8,960
Revised Code for determining whether to impose a prison term for 8,962
such an offense were not followed or that those procedures were 8,963
followed but there is an insufficient basis for imposing a prison 8,964
term for the offense;
(c) That the sentence did not include a prison term, that 8,966
the offense for which it was imposed is a felony of the first or 8,967
second degree or is a felony drug offense that is a violation of 8,968
a provision of Chapter 2925. of the Revised Code for which a 8,969
presumption in favor of a prison term is specified as being 8,970
applicable, and either that the procedures set forth in division 8,971
205
(D) of section 2929.13 of the Revised Code that set forth the 8,972
only circumstances in which the presumption may be overridden and 8,973
a sanction other than a prison term may be imposed in lieu of a 8,974
prison term were not followed or that those procedures were 8,975
followed but there is an insufficient basis for overriding the 8,976
presumption and imposing a sanction other than a prison term for 8,977
the offense; 8,978
(d) That the sentence is otherwise contrary to law. 8,980
(2) The court hearing an appeal under division (B)(3) of 8,982
this section of a trial court's modification pursuant to section 8,983
2929.20 of the Revised Code of a sentence that was imposed upon a 8,984
defendant for a felony of a first or second degree may overturn 8,985
the modification and reinstate the original sentence, or may 8,986
vacate the modification of the sentence and remand the matter to 8,987
the trial court for reconsideration, only if the court clearly
and convincingly finds any of the following: 8,988
(a) That the record does not support the modification 8,990
based on the criteria for modification set forth in division (H) 8,991
of section 2929.20 of the Revised Code; 8,992
(b) That the modification was not made in accordance with 8,994
the procedures set forth in section 2929.20 of the Revised Code, 8,995
that the defendant was not eligible for the modification under 8,996
that section, or that the modification otherwise was contrary to 8,997
law.
(H) A judgment or final order of a court of appeals under 9,000
this section may be appealed, by leave of court, to the supreme 9,001
court.
(I)(1) There is hereby established the felony sentence 9,004
appeal cost oversight committee, consisting of eight members. 9,005
One member shall be the chief justice of the supreme court or a 9,006
representative of the court designated by the chief justice, one 9,007
member shall be a member of the senate appointed by the president 9,008
of the senate, one member shall be a member of the house of 9,009
representatives appointed by the speaker of the house of 9,010
206
representatives, one member shall be the director of budget and 9,011
management or a representative of the office of budget and 9,012
management designated by the director, one member shall be a 9,013
judge of a court of appeals, court of common pleas, municipal 9,014
court, or county court appointed by the chief justice of the 9,015
supreme court, one member shall be the state public defender or a 9,016
representative of the office of the state public defender 9,017
designated by the state public defender, one member shall be a 9,018
prosecuting attorney appointed by the Ohio prosecuting attorneys 9,019
association, and one member shall be a county commissioner 9,020
appointed by the county commissioners association of Ohio. No 9,021
more than three of the appointed members of the committee may be 9,022
members of the same political party.
The president of the senate, the speaker of the house of 9,024
representatives, the chief justice of the supreme court, the Ohio 9,026
prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial appointments to the 9,028
committee of the appointed members no later than ninety days 9,029
after July 1, 1996. Of those initial appointments to the 9,030
committee, the members appointed by the speaker of the house of 9,031
representatives and the Ohio prosecuting attorneys association 9,033
shall serve a term ending two years after July 1, 1996, the
member appointed by the chief justice of the supreme court shall 9,035
serve a term ending three years after July 1, 1996, and the 9,036
members appointed by the president of the senate and the county 9,038
commissioners association of Ohio shall serve terms ending four 9,040
years after July 1, 1996. Thereafter, terms of office of the
appointed members shall be for four years, with each term ending 9,042
on the same day of the same month as did the term that it 9,043
succeeds. Members may be reappointed. Vacancies shall be filled 9,044
in the same manner provided for original appointments. A member 9,045
appointed to fill a vacancy occurring prior to the expiration of 9,046
the term for which that member's predecessor was appointed shall 9,047
hold office as a member for the remainder of the predecessor's 9,048
207
term. An appointed member shall continue in office subsequent to 9,049
the expiration date of that member's term until that member's 9,050
successor takes office or until a period of sixty days has 9,051
elapsed, whichever occurs first. 9,052
If the chief justice of the supreme court, the director of 9,054
the office of budget and management, or the state public defender 9,056
serves as a member of the committee, that person's term of office 9,057
as a member shall continue for as long as that person holds 9,058
office as chief justice, director of the office of budget and 9,059
management, or state public defender. If the chief justice of 9,060
the supreme court designates a representative of the court to
serve as a member, the director of budget and management 9,061
designates a representative of the office of budget and 9,062
management to serve as a member, or the state public defender 9,064
designates a representative of the office of the state public 9,065
defender to serve as a member, the person so designated shall 9,066
serve as a member of the commission for as long as the official 9,067
who made the designation holds office as chief justice, director 9,068
of the office of budget and management, or state public defender 9,069
or until that official revokes the designation.
The chief justice of the supreme court or the 9,071
representative of the supreme court appointed by the chief 9,072
justice shall serve as chairperson of the committee. The 9,073
committee shall meet within two weeks after all appointed members 9,074
have been appointed and shall organize as necessary. Thereafter, 9,075
the committee shall meet at least once every six months or more 9,076
often upon the call of the chairperson or the written request of 9,077
three or more members, provided that the committee shall not meet 9,078
unless moneys have been appropriated to the judiciary budget 9,079
administered by the supreme court specifically for the purpose of 9,080
providing financial assistance to counties under division (I)(2) 9,081
of this section and the moneys so appropriated then are available 9,082
for that purpose.
The members of the committee shall serve without 9,084
208
compensation, but, if moneys have been appropriated to the 9,085
judiciary budget administered by the supreme court specifically 9,086
for the purpose of providing financial assistance to counties 9,087
under division (I)(2) of this section, each member shall be 9,088
reimbursed out of the moneys so appropriated that then are 9,089
available for actual and necessary expenses incurred in the 9,090
performance of official duties as a committee member. 9,091
(2) The state criminal sentencing commission periodically 9,093
shall provide to the felony sentence appeal cost oversight 9,094
committee all data the commission collects pursuant to division 9,095
(A)(5) of section 181.25 of the Revised Code. Upon receipt of 9,097
the data from the state criminal sentencing commission, the 9,098
felony sentence appeal cost oversight committee periodically 9,099
shall review the data; determine whether any money has been 9,100
appropriated to the judiciary budget administered by the supreme 9,101
court specifically for the purpose of providing state financial 9,102
assistance to counties in accordance with this division for the 9,103
increase in expenses the counties experience as a result of the 9,104
felony sentence appeal provisions set forth in this section or as 9,105
a result of a postconviction relief proceeding brought under 9,106
division (A)(2) of section 2953.21 of the Revised Code or an 9,107
appeal of a judgment in that proceeding; if it determines that 9,108
any money has been so appropriated, determine the total amount of 9,109
moneys that have been so appropriated specifically for that 9,110
purpose and that then are available for that purpose; and develop 9,111
a recommended method of distributing those moneys to the 9,112
counties. The committee shall send a copy of its recommendation 9,113
to the supreme court. Upon receipt of the committee's 9,114
recommendation, the supreme court shall distribute to the 9,115
counties, based upon that recommendation, the moneys that have 9,116
been so appropriated specifically for the purpose of providing
state financial assistance to counties under this division and 9,118
that then are available for that purpose.
Sec. 2967.121. (A) Subject to division (C) of this 9,127
209
section, at least two weeks before any convict who is serving a 9,129
sentence for committing a felony of the first, second, or third 9,130
degree is released from confinement in any state correctional 9,131
institution pursuant to a pardon, commutation of sentence, 9,132
parole, release in accordance with section 2929.20 of the Revised 9,134
Code, or completed prison term, the adult parole authority shall 9,135
send notice of the release to the prosecuting attorney of the 9,136
county in which the indictment of the convict was found. 9,137
(B) The notice required by division (A) of this section 9,139
may be contained in a weekly list of all felons of the first, 9,141
second, or third degree who are scheduled for release. The 9,142
notice shall contain all of the following: 9,143
(1) The name of the convict being released; 9,145
(2) The date of the convict's release; 9,147
(3) The offense for the violation of which the convict was 9,149
convicted and incarcerated; 9,150
(4) The date of the convict's conviction pursuant to which 9,152
the convict was incarcerated; 9,153
(5) The sentence imposed for that conviction; 9,155
(6) The length of any supervision that the convict will be 9,157
under; 9,158
(7) The name, business address, and business phone number 9,160
of the convict's supervising officer; 9,161
(8) The address at which the convict will reside. 9,163
(C) Divisions (A) and (B) of this section do not apply to 9,166
the release from confinement of an offender if the offender is 9,167
serving a prison term imposed under division (A)(3) of section 9,168
2971.03 of the Revised Code, if the court pursuant to section
2971.05 of the Revised Code modifies the requirement that the 9,169
offender serve that entire term in a state correctional 9,171
institution, and if the release from confinement is pursuant to 9,173
that modification. In a case of that type, the court that
modifies the requirement promptly shall provide written notice of 9,174
the modification and the order that modifies the requirement or 9,175
210
revises the modification to the offender, the department of 9,176
rehabilitation and correction, the prosecuting attorney, and any 9,177
state agency or political subdivision that is affected by the 9,178
order.
Sec. 2967.13. (A) Except as provided in division (M)(G) 9,190
of this section, a prisoner serving a sentence of imprisonment 9,192
for life for an offense committed on or after July 1, 1996, is 9,193
not entitled to any earned credit under section 2967.193 of the 9,194
Revised Code Except as provided in division (M) of this section,
a and becomes eligible for parole as follows: 9,195
(1) If a sentence of imprisonment for life was imposed for 9,197
the offense of murder, at the expiration of the prisoner's 9,198
minimum term;
(2) If a sentence of imprisonment for life with parole 9,201
eligibility after serving twenty years of imprisonment was 9,202
imposed pursuant to section 2929.022 or 2929.03 of the Revised 9,203
Code July 1, 1996,, after serving a term of twenty years Except 9,204
as provided in division (M) of this section, a;
(3) If a sentence of imprisonment for life with parole 9,207
eligibility after serving twenty-five full years of imprisonment 9,208
was imposed pursuant to section 2929.022 or 2929.03 of the 9,209
Revised Code July 1, 1996,, after serving a term of twenty-five
full years, Except as provided in division (M) of this section, 9,210
a;
(4) If a sentence of imprisonment for life with parole 9,213
eligibility after serving thirty full years of imprisonment was 9,214
imposed pursuant to section 2929.022 or 2929.03 of the Revised 9,215
Code July 1, 1996,, after serving a term of thirty full years, 9,216
Except as provided in division (M) of this section, a;
(5) If a sentence of imprisonment for life was imposed for 9,218
rape, after serving a term of ten full years' imprisonment; 9,219
(6) IF A SENTENCE OF IMPRISONMENT FOR LIFE WITH PAROLE 9,221
ELIGIBILITY AFTER SERVING FIFTEEN YEARS OF IMPRISONMENT WAS 9,222
IMPOSED FOR A VIOLATION OF SECTION 2927.24 OF THE REVISED CODE, 9,223
211
AFTER SERVING A TERM OF FIFTEEN YEARS.
(B) Except as provided in division (M)(G) of this section, 9,225
a prisoner serving a sentence of imprisonment for life with 9,227
parole eligibility after serving twenty years of imprisonment or 9,228
a sentence of imprisonment for life with parole eligibility after 9,229
serving twenty-five full years or thirty full years of
imprisonment imposed pursuant to section 2929.022 or 2929.03 of 9,230
the Revised Code for an offense committed on or after July 1, 9,232
1996, consecutively to any other term of imprisonment, becomes 9,233
eligible for parole after serving twenty years, twenty full
years, or thirty full years, as applicable, as to each such 9,235
sentence of life imprisonment, which shall not be reduced for
earned credits under section 2967.193 of the Revised Code, plus 9,236
the term or terms of the other sentences consecutively imposed 9,237
or, if one of the other sentences is another type of life 9,238
sentence with parole eligibility, the number of years before 9,239
parole eligibility for that sentence.
Except as provided in division (M) of this section, a July 9,241
1, 1996 with parole eligibility 9,242
Except as provided in division (M) of this section, a July 9,244
1, 1996 with parole eligibility 9,245
(C) Except as provided in division (M)(G) of this section, 9,247
a prisoner serving consecutively two or more sentences in which 9,249
an indefinite term of imprisonment is imposed becomes eligible
for parole upon the expiration of the aggregate of the minimum 9,250
terms of the sentences. 9,251
(D) Except as provided in division (M)(G) of this section, 9,253
a prisoner serving a term of imprisonment who is described in 9,255
division (A) of section 2967.021 of the Revised Code becomes
eligible for parole as described in that division or, if the 9,256
prisoner is serving a definite term of imprisonment, shall be 9,258
released as described in that division.
Except as provided in division (M) of this section, a 9,260
(E) A prisoner serving a sentence of life imprisonment 9,262
212
without parole imposed pursuant to section 2929.03 or 2929.06 of 9,263
the Revised Code is not eligible for parole and shall be 9,264
imprisoned until death.
(F) A prisoner serving a stated prison term shall be 9,266
released in accordance with section 2967.28 of the Revised Code. 9,267
(M)(G) A prisoner serving a prison term or term of life 9,269
imprisonment without parole imposed pursuant to section 2971.03 9,270
of the Revised Code never becomes eligible for parole during that 9,271
term of imprisonment.
Sec. 2967.131. (A) In addition to any other terms and 9,280
conditions of a conditional pardon or parole, of transitional 9,282
control, or of another form of authorized release from 9,284
confinement in a state correctional institution that is granted 9,285
to an individual and that involves the placement of the
individual under the supervision of the adult parole authority, 9,286
and in addition to any other sanctions of post-release control of 9,287
a felon imposed under section 2967.28 of the Revised Code, the 9,288
authority or, in the case of a conditional pardon, the governor 9,289
shall include in the terms and conditions of the conditional 9,290
pardon, parole, transitional control, or other form of authorized 9,291
release or shall include as a condition CONDITIONS of the 9,293
post-release control the condition CONDITIONS THAT THE INDIVIDUAL 9,294
OR FELON NOT LEAVE THE STATE WITHOUT PERMISSION OF THE COURT OR 9,295
THE INDIVIDUAL'S OR FELON'S PAROLE OR PROBATION OFFICER AND that 9,296
the individual or felon abide by the law, including, but not 9,298
limited to, complying with the provisions of Chapter 2923. of the 9,300
Revised Code relating to the possession, sale, furnishing, 9,301
transfer, disposition, purchase, acquisition, carrying, 9,302
conveying, or use of, or other conduct involving, a firearm or
dangerous ordnance, as defined in section 2923.11 of the Revised 9,303
Code, during the period of the individual's or felon's 9,305
conditional pardon, parole, transitional control, other form of 9,307
authorized release, or post-release control. 9,309
(B) During the period of a conditional pardon or parole, 9,311
213
of transitional control, or of another form of authorized release 9,314
from confinement in a state correctional institution that is 9,315
granted to an individual and that involves the placement of the 9,316
individual under the supervision of the adult parole authority,
and during a period of post-release control of a felon imposed 9,317
under section 2967.28 of the Revised Code, authorized field 9,319
officers of the authority who are engaged within the scope of
their supervisory duties or responsibilities may search, with or 9,320
without a warrant, the person of the individual or felon, the 9,322
place of residence of the individual or felon, and a motor 9,325
vehicle, another item of tangible or intangible personal
property, or other real property in which the individual or felon 9,327
has a right, title, or interest or for which the individual or 9,329
felon has the express or implied permission of a person with a 9,332
right, title, or interest to use, occupy, or possess, if the 9,333
field officers have reasonable grounds to believe that the 9,335
individual or felon HAS LEFT THE STATE, is not abiding by the 9,337
law, or otherwise is not complying with the terms and conditions 9,338
of the individual's or felon's conditional pardon, parole, 9,339
transitional control, other form of authorized release, or 9,342
post-release control. The authority shall provide each 9,343
individual who is granted a conditional pardon or parole, 9,344
transitional control, or another form of authorized release from 9,345
confinement in a state correctional institution and each felon 9,346
who is under post-release control with a written notice that 9,348
informs the individual or felon that authorized field officers of 9,350
the authority who are engaged within the scope of their 9,353
supervisory duties or responsibilities may conduct those types of 9,354
searches during the period of the conditional pardon, parole, 9,355
transitional control, other form of authorized release, or 9,356
post-release control if they have reasonable grounds to believe 9,357
that the individual or felon HAS LEFT THE STATE, is not abiding 9,359
by the law, or otherwise is not complying with the terms and 9,360
conditions of the individual's or felon's conditional pardon, 9,363
214
parole, transitional control, other form of authorized release, 9,365
or post-release control.
Sec. 2967.141. (A) As used in this section, "alternative 9,375
residential facility" has the same meaning as in section 2929.01 9,376
of the Revised Code. 9,377
(B) The department of rehabilitation and correction, 9,380
through its division of parole and community services, may 9,381
operate or contract for the operation of one or more violation 9,382
sanction centers as an alternative residential facility. A 9,383
violation sanction center operated under authority of this 9,384
division is not a prison within the meaning of division (CC)(BB) 9,385
of section 2929.01 of the Revised Code. A violation sanction 9,386
center operated under authority of this division may be used for 9,387
either of the following purposes: 9,388
(1) Service of the term of a more restrictive post-release 9,391
control sanction that the parole board, subsequent to a hearing, 9,392
imposes pursuant to division (F)(2) of section 2967.28 of the 9,394
Revised Code upon a releasee who has violated a post-release 9,395
control sanction imposed upon the releasee under that section; 9,396
(2) Service of a sanction that the adult parole authority 9,398
or parole board imposes upon a parolee whom the authority 9,399
determines to be a parole violator because of a violation of the 9,400
terms and conditions of the parolee's parole or conditional 9,401
pardon. 9,402
(C) If a violation sanction center is established under 9,405
the authority of this section, notwithstanding the fact that the 9,406
center is an alternative residential facility for the purposes 9,407
described in division (B) of this section, the center shall be 9,409
used only for the purposes described in that division. A
violation sanction center established under the authority of this 9,410
section is not an alternative residential facility for the 9,411
purpose of imposing sentence on an offender who is convicted of 9,412
or pleads guilty to a felony, and a court that is sentencing an 9,414
offender for a felony pursuant to sections 2929.11 to 2929.19 of
215
the Revised Code shall not sentence the offender to a community 9,416
residential sanction that requires the offender to serve a term 9,417
in the center.
(D) If a releasee is ordered to serve a sanction in a 9,419
violation sanction center, as described in division (B)(1) of 9,420
this section, all of the following apply: 9,421
(1) The releasee shall not be considered to be under a new 9,423
prison term for a violation of post-release control. 9,424
(2) The time the releasee serves in the center shall not 9,426
count toward, and shall not be considered in determining, the 9,427
maximum cumulative prison term for all violations that is 9,428
described in division (F)(3) of section 2967.28 of the Revised 9,429
Code.
(3) The time the releasee serves in the center shall count 9,431
as part of, and shall be credited toward, the remaining period of 9,432
post-release control that is applicable to the releasee. 9,433
Sec. 2967.16. (A) Except as provided in division (D) of 9,442
this section, when a paroled prisoner has faithfully performed 9,445
the conditions and obligations of the paroled prisoner's parole
and has obeyed the rules and regulations adopted by the adult 9,446
parole authority that apply to the paroled prisoner, the 9,447
authority upon the recommendation of the superintendent of parole 9,448
supervision may enter upon its minutes a final release and 9,449
thereupon shall issue to the paroled prisoner a certificate of 9,450
final release, but the authority shall not grant a final release 9,451
earlier than one year after the paroled prisoner is released from 9,452
the institution on parole, and, in the case of a paroled prisoner 9,454
whose minimum sentence is life imprisonment, the authority shall 9,455
not grant a final release earlier than five years after the
paroled prisoner is released from the institution on parole. 9,456
(B) When a prisoner who has been released under a period 9,458
of post-release control pursuant to section 2967.28 of the 9,459
Revised Code has faithfully performed the conditions and 9,461
obligations of the released prisoner's post-release control
216
sanctions and has obeyed the rules and regulations adopted by the 9,463
adult parole authority that apply to the released prisoner, the 9,464
authority, upon the recommendation of the superintendent of 9,465
parole supervision, may enter upon its minutes a final release 9,466
and, upon the entry of the final release, shall issue to the 9,467
released prisoner a certificate of final release. The IN THE 9,469
CASE OF A PRISONER WHO HAS BEEN RELEASED UNDER A PERIOD OF 9,470
POST-RELEASE CONTROL PURSUANT TO DIVISION (B) OF SECTION 2967.28
OF THE REVISED CODE, THE authority shall not grant a final 9,471
release earlier than one year after the released prisoner is 9,473
released from the institution under a period of post-release 9,474
control, and, in. IN the case of a released prisoner whose 9,476
sentence is life imprisonment, the authority shall not grant a 9,478
final release earlier than five years after the released prisoner 9,479
is released from the institution under a period of post-release 9,480
control.
(C) The following prisoners or person shall be restored to 9,482
the rights and privileges forfeited by a conviction: 9,484
(1) A prisoner who has served the entire prison term that 9,487
comprises or is part of the prisoner's sentence and has not been 9,488
placed under any post-release control sanctions;
(2) A prisoner who has been granted a final release by the 9,490
adult parole authority pursuant to division (A) or (B) of this 9,491
section; 9,492
(3) A person who has completed the period of a community 9,494
control sanction or combination of community control sanctions, 9,496
as defined in section 2929.01 of the Revised Code, that was 9,497
imposed by the sentencing court.
(D) Division (A) of this section does not apply to a 9,499
prisoner in the shock incarceration program established pursuant 9,500
to section 5120.031 of the Revised Code. 9,501
(E) The adult parole authority shall record the final 9,503
release of a parolee or prisoner in the official minutes of the 9,504
authority.
217
Sec. 2967.26. (A)(1) The department of rehabilitation and 9,513
correction, by rule, may establish a transitional control program 9,515
for the purpose of closely monitoring a prisoner's adjustment to 9,516
community supervision during the final one hundred eighty days of 9,517
the prisoner's confinement. If the department establishes a 9,518
transitional control program under this division, the adult 9,519
parole authority may transfer eligible prisoners to transitional 9,520
control status under the program during the final one hundred 9,521
eighty days of their confinement and under the terms and 9,522
conditions established by the department, shall provide for the 9,523
confinement as provided in this division of each eligible 9,524
prisoner so transferred, and shall supervise each eligible 9,525
prisoner so transferred in one or more community control 9,526
sanctions. Each eligible prisoner who is transferred to 9,527
transitional control status under the program shall be confined 9,528
in a suitable facility that is licensed pursuant to division (C) 9,530
of section 2967.14 of the Revised Code, or shall be confined in a 9,531
residence the department has approved for this purpose and be 9,532
monitored pursuant to an electronic monitoring device, as defined 9,534
in section 2929.23 of the Revised Code. If the department 9,535
establishes a transitional control program under this division, 9,536
the rules establishing the program shall include criteria that 9,537
define which prisoners are eligible for the program, criteria 9,538
that must be satisfied to be approved as a residence that may be 9,539
used for confinement under the program of a prisoner that is 9,540
transferred to it and procedures for the department to approve 9,541
residences that satisfy those criteria, and provisions of the 9,542
type described in division (C) of this section. At a minimum, 9,544
the criteria that define which prisoners are eligible for the 9,545
program shall provide all of the following: 9,546
(a) That a prisoner is eligible for the program if the 9,549
prisoner is serving a prison term or term of imprisonment for an 9,550
offense committed prior to the effective date of this amendment 9,551
and if, at the time at which eligibility is being determined, the 9,552
218
prisoner would have been eligible for a furlough under this 9,553
section as it existed immediately prior to the effective date of 9,554
this amendment or would have been eligible for conditional 9,555
release under former section 2967.23 of the Revised Code as that 9,556
section existed immediately prior to the effective date of this 9,557
amendment;
(b) That no prisoner who is serving a mandatory prison 9,560
term is eligible for the program until after expiration of the 9,561
mandatory term;
(c) That no prisoner who is serving a prison term or term 9,564
of life imprisonment without parole imposed pursuant to section 9,565
2971.03 of the Revised Code is eligible for the program. 9,567
(2) At least three weeks prior to transferring to 9,570
transitional control under this section a prisoner who is serving 9,571
a term of imprisonment or prison term for an offense committed on 9,572
or after July 1, 1996, the adult parole authority shall give 9,573
notice of the pendency of the transfer to transitional control to 9,574
the court of common pleas of the county in which the indictment 9,575
against the prisoner was found and of the fact that the court may 9,576
disapprove the transfer of the prisoner to transitional control 9,578
AND SHALL INCLUDE A REPORT PREPARED BY THE HEAD OF THE STATE 9,579
CORRECTIONAL INSTITUTION IN WHICH THE PRISONER IS CONFINED. THE 9,580
HEAD OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER 9,581
IS CONFINED, UPON THE REQUEST OF THE ADULT PAROLE AUTHORITY,
SHALL PROVIDE TO THE AUTHORITY FOR INCLUSION IN THE NOTICE SENT 9,582
TO THE COURT UNDER THIS DIVISION A REPORT ON THE PRISONER'S 9,583
CONDUCT IN THE INSTITUTION AND IN ANY INSTITUTION FROM WHICH THE 9,584
PRISONER MAY HAVE BEEN TRANSFERRED. THE REPORT SHALL COVER THE 9,585
PRISONER'S PARTICIPATION IN SCHOOL, VOCATIONAL TRAINING, WORK,
TREATMENT, AND OTHER REHABILITATIVE ACTIVITIES AND ANY 9,586
DISCIPLINARY ACTION TAKEN AGAINST THE PRISONER. If the court 9,588
disapproves of the transfer of the prisoner to transitional
control, the court shall notify the authority of the disapproval 9,590
within ten THIRTY days after receipt of the notice. If the court 9,592
219
timely disapproves the transfer of the prisoner to transitional 9,594
control, the authority shall not proceed with the transfer. If 9,596
the court does not timely disapprove the transfer of the prisoner 9,597
to transitional control, the authority may transfer the prisoner 9,599
to transitional control.
(3) If the victim of an offense for which a prisoner was 9,601
sentenced to a prison term or term of imprisonment has requested 9,602
notification under section 2930.16 of the Revised Code and has 9,603
provided the department of rehabilitation and correction with the 9,604
victim's name and address, the adult parole authority, at least 9,605
three weeks prior to transferring the prisoner to transitional 9,607
control pursuant to this section, shall notify the victim of the 9,608
pendency of the transfer and of the victim's right to submit a 9,610
statement to the authority regarding the impact of the transfer 9,611
of the prisoner to transitional control. If the victim 9,612
subsequently submits a statement of that nature to the authority, 9,613
the authority shall consider the statement in deciding whether to 9,614
transfer the prisoner to transitional control. 9,616
(B) Each prisoner transferred to transitional control 9,619
under this section shall be confined in the manner described in 9,620
division (A) of this section during any period of time that the 9,621
prisoner is not actually working at the prisoner's approved 9,622
employment, engaged in a vocational training or another 9,624
educational program, engaged in another program designated by the 9,627
director, or engaged in other activities approved by the
department. 9,628
(C) The department of rehabilitation and correction shall 9,630
adopt rules for transferring eligible prisoners to transitional 9,632
control, supervising and confining prisoners so transferred, 9,633
administering the transitional control program in accordance with 9,635
this section, and using the moneys deposited into the 9,636
transitional control fund established under division (E) of this 9,637
section.
(D) The department of rehabilitation and correction may 9,639
220
adopt rules for the issuance of passes for the limited purposes 9,640
described in this division to prisoners who are transferred to 9,641
transitional control under this section. If the department 9,642
adopts rules of that nature, the rules shall govern the granting 9,643
of the passes and shall provide for the supervision of prisoners 9,644
who are temporarily released pursuant to one of those passes. 9,645
Upon the adoption of rules under this division, the department 9,647
may issue passes to prisoners who are transferred to transitional 9,648
control status under this section in accordance with the rules 9,649
and the provisions of this division. All passes issued under 9,650
this division shall be for a maximum of forty-eight hours and may 9,651
be issued only for the following purposes: 9,652
(1) To visit a dying relative; 9,654
(2) To attend the funeral of a relative; 9,656
(3) To visit with family; 9,658
(4) To otherwise aid in the rehabilitation of the 9,660
prisoner. 9,661
(E) The adult parole authority may require a prisoner who 9,665
is transferred to transitional control to pay to the division of 9,666
parole and community services the reasonable expenses incurred by 9,667
the division in supervising or confining the prisoner while under 9,668
transitional control. Inability to pay those reasonable expenses 9,670
shall not be grounds for refusing to transfer an otherwise 9,672
eligible prisoner to transitional control. Amounts received by 9,674
the division of parole and community services under this division 9,676
shall be deposited into the transitional control fund, which is 9,678
hereby created in the state treasury and which hereby replaces 9,679
and succeeds the furlough services fund that formerly existed in 9,680
the state treasury. All moneys that remain in the furlough 9,681
services fund on the effective date of this amendment shall be 9,682
transferred on that date to the transitional control fund. The 9,683
transitional control fund shall be used solely to pay costs 9,684
related to the operation of the transitional control program 9,685
established under this section. The director of rehabilitation 9,687
221
and correction shall adopt rules in accordance with section 9,688
111.15 of the Revised Code for the use of the fund.
(F) A prisoner who violates any rule established by the 9,690
department of rehabilitation and correction under division (A), 9,692
(C), or (D) of this section may be transferred to a state 9,694
correctional institution pursuant to rules adopted under division 9,695
(A), (C), or (D) of this section, but the prisoner shall receive 9,697
credit towards completing the prisoner's sentence for the time 9,698
spent under transitional control. 9,699
If a prisoner is transferred to transitional control under 9,701
this section, upon successful completion of the period of 9,702
transitional control, the prisoner may be released on parole or 9,704
under post-release control pursuant to section 2967.13 or 2967.28 9,705
of the Revised Code and rules adopted by the department of 9,706
rehabilitation and correction. If the prisoner is released under 9,707
post-release control, the duration of the post-release control, 9,709
the type of post-release control sanctions that may be imposed, 9,710
the enforcement of the sanctions, and the treatment of prisoners 9,711
who violate any sanction applicable to the prisoner are governed 9,712
by section 2967.28 of the Revised Code. 9,713
Sec. 2967.28. (A) As used in this section: 9,722
(1) "Monitored time" means the monitored time sanction 9,725
specified in section 2929.17 of the Revised Code. 9,726
(2) "Deadly weapon" and "dangerous ordnance" have the same 9,729
meanings as in section 2923.11 of the Revised Code. 9,730
(3) "Felony sex offense" means a violation of a section 9,732
contained in Chapter 2907. of the Revised Code that is a felony. 9,734
(B) Each sentence to a prison term for a felony of the 9,737
first degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree that is not a felony 9,739
sex offense and in the commission of which the offender caused or 9,740
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of 9,741
post-release control imposed by the parole board after the 9,742
222
offender's release from imprisonment. Unless reduced by the 9,743
parole board pursuant to division (D) of this section when 9,744
authorized under that division, a period of post-release control 9,746
required by this division for an offender shall be of one of the 9,747
following periods:
(1) For a felony of the first degree or for a felony sex 9,749
offense, five years; 9,750
(2) For a felony of the second degree that is not a felony 9,752
sex offense, three years; 9,753
(3) For a felony of the third degree that is not a felony 9,755
sex offense and in the commission of which the offender caused or 9,756
threatened physical harm to a person, three years. 9,757
(C) Any sentence to a prison term for a felony of the 9,760
third, fourth, or fifth degree that is not subject to division 9,761
(B)(1) or (3) of this section shall include a requirement that 9,762
the offender be subject to a period of post-release control of up 9,763
to three years after the offender's release from imprisonment, if 9,764
the parole board, in accordance with division (D) of this 9,765
section, determines that a period of post-release control is 9,766
necessary for that offender.
(D)(1) Before the prisoner is released from imprisonment, 9,769
the parole board shall impose upon a prisoner described in 9,771
division (B) of this section, may impose upon a prisoner 9,772
described in division (C) of this section, and shall impose upon 9,773
a prisoner described in division (B)(2)(b) of section 5120.031 or 9,774
in division (B)(1) of section 5120.032 of the Revised Code, one 9,776
or more post-release control sanctions to apply during the 9,777
prisoner's period of post-release control. Whenever the board
imposes one or more post-release control sanctions upon a 9,778
prisoner, the board, in addition to imposing the sanctions, also 9,779
shall include as a condition of the post-release control THAT the 9,780
mandatory condition described in division (A) of section 2967.131 9,782
of the Revised Code INDIVIDUAL OR FELON NOT LEAVE THE STATE 9,783
WITHOUT PERMISSION OF THE COURT OR THE INDIVIDUAL'S OR FELON'S
223
PAROLE OR PROBATION OFFICER AND THAT THE INDIVIDUAL OR FELON 9,784
ABIDE BY THE LAW. The board may impose any other conditions of 9,787
release under a post-release control sanction that the board
considers appropriate, AND THE CONDITIONS OF RELEASE MAY INCLUDE 9,788
ANY COMMUNITY RESIDENTIAL SANCTION, COMMUNITY NONRESIDENTIAL 9,789
SANCTION, OR FINANCIAL SANCTION THAT THE SENTENCING COURT WAS 9,790
AUTHORIZED TO IMPOSE PURSUANT TO SECTIONS 2929.16, 2929.17, AND 9,791
2929.18 OF THE REVISED CODE. Prior to the release of a prisoner 9,792
for whom it will impose one or more post-release control 9,793
sanctions under this division, the parole board shall review the
prisoner's criminal history, all juvenile court adjudications 9,796
finding the prisoner, while a juvenile, to be a delinquent child, 9,797
and the record of the prisoner's conduct while imprisoned. The 9,798
parole board shall consider any recommendation regarding
post-release control sanctions for the prisoner made by the 9,799
office of victims' services. After considering those materials, 9,800
the board shall determine, for a prisoner described in division 9,801
(B) of this section, division (B)(2)(b) of section 5120.031, or 9,803
division (B)(1) of section 5120.032 of the Revised Code, which 9,804
post-release control sanction or combination of post-release 9,805
control sanctions is reasonable under the circumstances or, for a 9,806
prisoner described in division (C) of this section, whether a 9,807
post-release control sanction is necessary and, if so, which 9,808
post-release control sanction or combination of post-release 9,809
control sanctions is reasonable under the circumstances. In the 9,810
case of a prisoner convicted of a felony of the fourth or fifth 9,812
degree other than a felony sex offense, the board shall presume
that monitored time is the appropriate post-release control 9,813
sanction unless the board determines that a more restrictive 9,814
sanction is warranted. A post-release control sanction imposed 9,815
under this division takes effect upon the prisoner's release from 9,816
imprisonment. 9,817
(2) At any time after a prisoner is released from 9,820
imprisonment and during the period of post-release control
224
applicable to the releasee, the adult parole authority may review 9,823
the releasee's behavior under the post-release control sanctions 9,824
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the 9,825
standards established under division (E) of this section, that a 9,826
more restrictive or a less restrictive sanction is appropriate 9,828
and may impose a different sanction. Unless the period of 9,829
post-release control was imposed for an offense described in 9,830
division (B)(1) of this section, the authority also may recommend 9,831
that the parole board reduce the duration of the period of 9,832
post-release control imposed by the court. If the authority 9,833
recommends that the board reduce the duration of control for an 9,834
offense described in division (B)(2), (B)(3), or (C) of this 9,835
section, the board shall review the releasee's behavior and may 9,837
reduce the duration of the period of control imposed by the 9,838
court. In no case shall the board reduce the duration of the 9,839
period of control imposed by the court for an offense described
in division (B)(1) of this section, and in no case shall the 9,840
board eliminate the mandatory condition described in division (A) 9,841
of section 2967.131 of the Revised Code PERMIT THE RELEASEE TO 9,842
LEAVE THE STATE WITHOUT PERMISSION OF THE COURT OR THE RELEASEE'S 9,843
PAROLE OR PROBATION OFFICER. 9,844
(E) The department of rehabilitation and correction, in 9,846
accordance with Chapter 119. of the Revised Code, shall adopt 9,847
rules that do all of the following: 9,848
(1) Establish standards for the imposition by the parole 9,851
board of post-release control sanctions under this section that 9,852
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised Code and 9,854
that are appropriate to the needs of releasees;
(2) Establish standards by which the parole board can 9,856
determine which prisoners described in division (C) of this 9,858
section should be placed under a period of post-release control; 9,859
(3) Establish standards to be used by the parole board in 9,862
225
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this 9,863
section, in imposing a more restrictive post-release control 9,865
sanction than monitored time upon a prisoner convicted of a
felony of the fourth or fifth degree other than a felony sex 9,867
offense, or in imposing a less restrictive control sanction upon 9,869
a releasee based on the releasee's activities including, but not 9,870
limited to, remaining free from criminal activity and from the 9,871
abuse of alcohol or other drugs, successfully participating in 9,872
approved rehabilitation programs, maintaining employment, and
paying restitution to the victim or meeting the terms of other 9,873
financial sanctions; 9,874
(4) Establish standards to be used by the adult parole 9,876
authority in modifying a releasee's post-release control 9,877
sanctions pursuant to division (D)(2) of this section; 9,878
(5) Establish standards to be used by the adult parole 9,880
authority or parole board in imposing further sanctions under 9,881
division (F) of this section on releasees who violate 9,882
post-release control sanctions, including standards that do the 9,883
following:
(a) Classify violations according to the degree of 9,885
seriousness;
(b) Define the circumstances under which formal action by 9,888
the parole board is warranted;
(c) Govern the use of evidence at violation hearings; 9,890
(d) Ensure procedural due process to an alleged violator; 9,892
(e) Prescribe nonresidential community control sanctions 9,895
for most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to 9,897
imprisonment for violations of post-release control. 9,898
(F)(1) If a post-release control sanction is imposed upon 9,900
an offender under this section, the offender upon release from 9,902
imprisonment shall be under the general jurisdiction of the adult 9,904
parole authority and generally shall be supervised by the parole 9,905
226
supervision section through its staff of parole and field
officers as described in section 5149.04 of the Revised Code, as 9,907
if the offender had been placed on parole. If the offender upon 9,908
release from imprisonment violates the post-release control 9,909
sanction or the mandatory condition ANY CONDITIONS described in 9,910
division (A) of section 2967.131 of the Revised Code THAT ARE 9,911
IMPOSED ON THE OFFENDER, the public or private person or entity 9,913
that operates or administers the sanction or the program or 9,914
activity that comprises the sanction shall report the violation 9,915
directly to the adult parole authority or to the officer of the 9,916
authority who supervises the offender. The authority's officers 9,917
may treat the offender as if the offender were on parole and in 9,918
violation of the parole, and otherwise shall comply with this 9,919
section.
(2) If the adult parole authority determines that a 9,921
releasee has violated a post-release control sanction or the 9,922
mandatory condition ANY CONDITIONS described in division (A) of 9,923
section 2967.131 of the Revised Code imposed upon the releasee 9,926
and that a more restrictive sanction is appropriate, the 9,927
authority may impose a more restrictive sanction upon the
releasee, in accordance with the standards established under 9,928
division (E) of this section, or may report the violation to the 9,930
parole board for a hearing pursuant to division (F)(3) of this 9,932
section. The authority may not, pursuant to this division,
increase the duration of the releasee's post-release control, OR 9,933
impose as a post-release control sanction a residential sanction 9,935
that includes a prison term, or eliminate the mandatory condition 9,936
described in division (A) of section 2967.131 BUT THE AUTHORITY 9,937
MAY IMPOSE ON THE RELEASEE ANY OTHER RESIDENTIAL SANCTION, 9,938
NONRESIDENTIAL SANCTION, OR FINANCIAL SANCTION THAT THE
SENTENCING COURT WAS AUTHORIZED TO IMPOSE PURSUANT TO SECTIONS 9,939
2929.16, 2929.17, AND 2929.18 of the Revised Code. 9,940
(3) The parole board may hold a hearing on any alleged 9,943
violation by a releasee of a post-release control sanction or the 9,944
227
mandatory condition ANY CONDITIONS described in division (A) of 9,945
section 2967.131 of the Revised Code THAT ARE imposed upon the 9,946
releasee. If after the hearing the board finds that the releasee 9,950
violated the sanction or mandatory condition, the board may 9,951
increase the duration of the releasee's post-release control up 9,952
to the maximum duration authorized by division (B) or (C) of this 9,954
section or impose a more restrictive post-release control
sanction, but in no case shall the board eliminate the mandatory 9,955
condition described in division (A) of section 2967.131 of the 9,956
Revised Code. When appropriate, the board may impose as a 9,958
post-release control sanction a residential sanction that 9,959
includes a prison term. The board shall consider a prison term 9,961
as a post-release control sanction imposed for a violation of 9,962
post-release control when the violation involves a deadly weapon 9,964
or dangerous ordnance, physical harm or attempted serious 9,965
physical harm to a person, or sexual misconduct, or when the 9,966
releasee committed repeated violations of post-release control 9,967
sanctions. The period of a prison term that is imposed as a 9,969
post-release control sanction under this division shall not
exceed nine months, and the maximum cumulative prison term for 9,970
all violations under this section DIVISION shall not exceed 9,971
one-half of the stated prison term originally imposed upon the 9,973
offender as part of this sentence. The period of a prison term 9,974
that is imposed as a post-release control sanction under this 9,975
division shall not count as, or be credited toward, the remaining 9,976
period of post-release control.
(4) A PAROLEE OR releasee who has violated any CONDITION 9,978
OF PAROLE, ANY post-release control sanction, or the mandatory 9,980
condition ANY CONDITIONS described in division (A) of section 9,983
2967.131 of the Revised Code THAT ARE imposed upon the releasee 9,984
by committing a felony may be prosecuted for the new felony, and, 9,986
upon conviction, the court shall impose sentence for the new 9,987
felony. In addition to the sentence imposed for the new felony, 9,988
the court may impose a prison term for the violation, and the 9,989
228
term imposed for the violation shall be reduced by the ANY prison 9,990
term that is administratively imposed by the parole board or 9,992
adult parole authority as a post-release control sanction. The 9,993
IF THE PERSON IS A RELEASEE, THE maximum prison term for the
violation shall be either the maximum period of post-release 9,995
control for the earlier felony under division (B) or (C) of this 9,997
section minus any time the releasee has spent under post-release 9,998
control for the earlier felony or twelve months, whichever is 9,999
greater. A prison term imposed for the violation shall be served 10,000
consecutively to any prison term imposed for the new felony. A 10,001
IF THE PERSON IS A RELEASEE, A prison term imposed for the 10,003
violation, and a prison term imposed for the new felony, shall
not count as, or be credited toward, the remaining period of 10,004
post-release control imposed for the earlier felony. 10,005
(5) Any period of post-release control shall commence upon 10,007
an offender's actual release from prison. If an offender is 10,008
serving an indefinite prison term or a life sentence in addition 10,009
to a stated prison term, the offender shall serve the period of 10,010
post-release control in the following manner: 10,011
(a) If a period of post-release control is imposed upon 10,013
the offender and if the offender also is subject to a period of 10,014
parole under a life sentence or an indefinite sentence, and if 10,015
the period of post-release control ends prior to the period of 10,016
parole, the offender shall be supervised on parole. The offender 10,017
shall receive credit for post-release control supervision during 10,018
the period of parole. The offender is not eligible for final 10,019
release under section 2967.16 of the Revised Code until the 10,020
post-release control period otherwise would have ended. 10,021
(b) If a period of post-release control is imposed upon 10,023
the offender and if the offender also is subject to a period of 10,024
parole under an indefinite sentence, and if the period of parole 10,025
ends prior to the period of post-release control, the offender 10,026
shall be supervised on post-release control. The requirements of 10,027
parole supervision shall be satisfied during the post-release 10,028
229
control period.
(c) If an offender is subject to more than one period of 10,030
post-release control, the period of post-release control for all 10,031
of the sentences shall be the period of post-release control that 10,032
expires last, as determined by the parole board. Periods of 10,033
post-release control shall be served concurrently and shall not 10,034
be imposed consecutively to each other.
(d) The period of post-release control for a releasee who 10,037
commits a felony while under post-release control for an earlier 10,038
felony shall be the longer of the period of post-release control 10,039
specified for the new felony under division (B) or (C) of this 10,040
section or the time remaining under the period of post-release 10,041
control imposed for the earlier felony as determined by the 10,042
parole board.
Sec. 3719.121. (A) Except as otherwise provided in 10,051
section 4723.28, 4723.35, 4730.25, or 4731.22 of the Revised 10,052
Code, the license, certificate, or registration of any dentist, 10,054
doctor of medicine or osteopathic medicine, podiatrist, 10,055
registered nurse, licensed practical nurse, physician assistant, 10,056
pharmacist, pharmacy intern, optometrist, or veterinarian who is 10,057
or becomes addicted to the use of controlled substances shall be 10,059
suspended by the board that authorized the person's license, 10,060
certificate, or registration until the person offers satisfactory 10,062
proof to the board that the person no longer is addicted to the 10,063
use of controlled substances. 10,064
(B) If the board under which a person has been issued a 10,067
license, certificate, or evidence of registration determines that 10,069
there is clear and convincing evidence that continuation of the 10,070
person's professional practice or method of prescribing or 10,071
personally furnishing controlled substances presents a danger of 10,074
immediate and serious harm to others, the board may suspend the 10,075
person's license, certificate, or registration without a hearing. 10,076
Except as otherwise provided in sections 4715.30, 4723.281, 10,077
4730.25, and 4731.22 of the Revised Code, the board shall follow 10,079
230
the procedure for suspension without a prior hearing in section 10,081
119.07 of the Revised Code. The suspension shall remain in
effect, unless removed by the board, until the board's final 10,082
adjudication order becomes effective, except that if the board 10,083
does not issue its final adjudication order within ninety days 10,084
after the hearing, the suspension shall be void on the 10,085
ninety-first day after the hearing. 10,086
(C) On receiving notification pursuant to section 2929.24 10,088
or 3719.12 of the Revised Code, the board under which a person 10,089
has been issued a license, certificate, or evidence of 10,090
registration immediately shall suspend the license, certificate, 10,092
or registration of that person on a plea of guilty to, a finding 10,095
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 10,097
eligibility for treatment INTERVENTION in lieu of conviction; a 10,098
plea of guilty to, or a finding by a jury or court of the 10,100
person's guilt of, or the person's conviction of an offense in 10,101
another jurisdiction that is essentially the same as a felony 10,102
drug abuse offense; or a finding by a court of the person's 10,103
eligibility for treatment OR INTERVENTION in lieu of conviction 10,104
in another jurisdiction. The board shall notify the holder of 10,105
the license, certificate, or registration of the suspension, 10,106
which shall remain in effect until the board holds an 10,108
adjudicatory hearing under Chapter 119. of the Revised Code. 10,109
Sec. 3719.70. (A) When testimony, information, or other 10,118
evidence in the possession of a person who uses, possesses, or 10,119
trafficks in any drug of abuse appears necessary to an 10,120
investigation by law enforcement authorities into illicit sources 10,121
of any drug of abuse, or appears necessary to successfully 10,122
institute, maintain, or conclude a prosecution for any drug abuse 10,123
offense, as defined in section 2925.01 of the Revised Code, a 10,124
judge of the court of common pleas may grant to that person 10,125
immunity from prosecution for any offense based upon the 10,126
testimony, information, or other evidence furnished by that 10,127
231
person, other than a prosecution of that person for giving false 10,128
testimony, information, or other evidence. 10,129
(B)(1) When a person is convicted of any misdemeanor drug 10,131
abuse offense, the court, in determining whether to suspend 10,133
sentence or place the person on probation, shall take into 10,134
consideration whether the person truthfully has revealed all 10,135
information within the person's knowledge concerning illicit 10,136
traffic in or use of drugs of abuse and, when required, has 10,138
testified as to that information in any proceeding to obtain a 10,139
search or arrest warrant against another or to prosecute another 10,140
for any offense involving a drug of abuse. The information shall 10,141
include, but is not limited to, the identity and whereabouts of 10,142
accomplices, accessories, aiders, and abettors, if any, of the 10,143
person or persons from whom any drug of abuse was obtained or to 10,144
whom any drug of abuse was distributed, and of persons known or 10,145
believed to be drug dependent persons, together with the location 10,146
of any place or places where and the manner in which any drug of 10,147
abuse is illegally cultivated, manufactured, sold, possessed, or 10,148
used. The information also shall include all facts and 10,149
circumstances surrounding any illicit traffic in or use of drugs 10,150
of abuse of that nature.
(2) If a person otherwise is eligible for treatment 10,152
INTERVENTION in lieu of conviction and being ordered to a period 10,155
of rehabilitation under section 2951.041 of the Revised Code as 10,157
an offender who is a drug dependent person or is in danger of 10,158
becoming a drug dependent person but the person has failed to 10,160
cooperate with law enforcement authorities by providing them with 10,161
the types of information described in division (B)(1) of this 10,162
section, the person's lack of cooperation may be considered by 10,164
the court under division (B) of section 2951.041 of the Revised 10,165
Code in determining whether to stay all criminal proceedings and 10,166
order the person to a requested period of rehabilitation 10,168
INTERVENTION.
(C) In the absence of a competent and voluntary waiver of 10,170
232
the right against self-incrimination, no information or testimony 10,171
furnished pursuant to division (B) of this section shall be used 10,172
in a prosecution of the person furnishing it for any offense 10,173
other than a prosecution of that person for giving false 10,174
testimony, information, or other evidence. 10,175
Sec. 3719.99. (A) Whoever violates section 3719.16 or 10,184
3719.161 of the Revised Code is guilty of a felony of the fifth 10,186
degree. If the offender previously has been convicted of a
violation of section 3719.16 or 3719.161 of the Revised Code or a 10,187
drug abuse offense, a violation of section 3719.16 or 3719.161 of 10,188
the Revised Code is a felony of the fourth degree. If the 10,189
violation involves the sale, offer to sell, or possession of a 10,190
schedule I or II controlled substance, with the exception of 10,191
marihuana, and if the offender, as a result of the violation, is 10,192
a major drug offender, division (D) of this section applies. 10,193
(B) Whoever violates division (C) or (D) of section 10,195
3719.172 of the Revised Code is guilty of a felony of the fifth 10,197
degree. If the offender previously has been convicted of a
violation of division (C) or (D) of section 3719.172 of the 10,198
Revised Code or a drug abuse offense, a violation of division (C) 10,199
or (D) of section 3719.172 of the Revised Code is a felony of the 10,201
fourth degree. If the violation involves the sale, offer to 10,202
sell, or possession of a schedule I or II controlled substance, 10,203
with the exception of marihuana, and if the offender, as a result 10,204
of the violation, is a major drug offender, division (D) of this 10,205
section applies.
(C) Whoever violates section 3719.07 or 3719.08 of the 10,207
Revised Code is guilty of a misdemeanor of the first degree. If 10,208
the offender previously has been convicted of a violation of 10,209
section 3719.07 or 3719.08 of the Revised Code or a drug abuse 10,210
offense, a violation of section 3719.07 or 3719.08 of the Revised 10,211
Code is a felony of the fifth degree. If the violation involves 10,212
the sale, offer to sell, or possession of a schedule I or II 10,213
controlled substance, with the exception of marihuana, and if the 10,214
233
offender, as a result of the violation, is a major drug offender, 10,215
division (D) of this section applies. 10,216
(D)(1) If an offender is convicted of or pleads guilty to 10,218
a felony violation of section 3719.07, 3719.08, 3719.16, or 10,219
3719.161 or of division (C) or (D) of section 3719.172 of the 10,220
Revised Code, if the violation involves the sale, offer to sell, 10,221
or possession of a schedule I or II controlled substance, with 10,222
the exception of marihuana, and if THE COURT IMPOSING SENTENCE 10,223
UPON THE OFFENDER FINDS THAT the offender, as a result of the 10,224
violation, is a major drug offender AND IS GUILTY OF A 10,225
SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1410 OF THE 10,226
REVISED CODE, the court that sentences the offender, in lieu of 10,227
the prison term authorized or required by division (A), (B), or 10,229
(C) of this section and sections 2929.13 and 2929.14 of the 10,230
Revised Code and in addition to any other sanction imposed for 10,231
the offense under sections 2929.11 to 2929.18 of the Revised 10,232
Code, shall impose upon the offender, in accordance with division
(D)(3)(a) of section 2929.14 of the Revised Code, the mandatory 10,234
prison term specified in that division and may impose an 10,235
additional prison term under division (D)(3)(b) of that section. 10,236
(2) Notwithstanding any contrary provision of section 10,238
3719.21 of the Revised Code, the clerk of the court shall pay any 10,240
fine imposed for a felony violation of section 3719.07, 3719.08, 10,241
3719.16, or 3719.161 or of division (C) or (D) of section 10,242
3719.172 of the Revised Code pursuant to division (A) of section 10,243
2929.18 of the Revised Code in accordance with and subject to the
requirements of division (F) of section 2925.03 of the Revised 10,244
Code. The agency that receives the fine shall use the fine as 10,245
specified in division (F) of section 2925.03 of the Revised Code. 10,246
(E) Whoever violates section 3719.05, 3719.06, 3719.13, or 10,248
3719.31 or division (B) of section 3719.172 of the Revised Code 10,250
is guilty of a misdemeanor of the third degree. If the offender 10,251
previously has been convicted of a violation of section 3719.05, 10,252
3719.06, 3719.13, or 3719.31 or division (B) of section 3719.172 10,253
234
of the Revised Code or a drug abuse offense, a violation of 10,254
section 3719.05, 3719.06, 3719.13, or 3719.31 or division (B) of 10,255
section 3719.172 of the Revised Code is a misdemeanor of the 10,256
first degree.
(F) Whoever violates section 3719.30 of the Revised Code 10,258
is guilty of a misdemeanor of the fourth degree. If the offender 10,259
previously has been convicted of a violation of section 3719.30 10,260
of the Revised Code or a drug abuse offense, a violation of 10,261
section 3719.30 of the Revised Code is a misdemeanor of the third 10,262
degree.
(G) Whoever violates section 3719.32 or 3719.33 of the 10,264
Revised Code is guilty of a minor misdemeanor. 10,265
(H) Whoever violates division (K)(2)(b) of section 3719.44 10,267
of the Revised Code is guilty of a felony of the fifth degree. 10,268
(I) Whoever violates division (K)(2)(c) of section 3719.44 10,270
of the Revised Code is guilty of a misdemeanor of the second 10,271
degree.
(J) As used in this section, "major drug offender" has the 10,273
same meaning as in section 2929.01 of the Revised Code. 10,274
Sec. 3767.12. (A) AS USED IN THIS SECTION, "FELONIOUS 10,283
CONDUCT" MEANS AN OFFENSE THAT IS A FELONY OR A DELINQUENT ACT 10,284
THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT. 10,285
(B) A house or building used or occupied as a habitual 10,287
resort for thieves, burglars, or robbers, OR FOR PERSONS WHO ARE 10,288
CONSPIRING OR PLANNING TO COMMIT, WHO ARE FLEEING AFTER HAVING 10,289
COMMITTED OR AFTER ATTEMPTING TO COMMIT, OR WHO ARE IN HIDING 10,290
AFTER HAVING COMMITTED OR AFTER ATTEMPTING TO COMMIT, FELONIOUS 10,291
CONDUCT is a public nuisance, and the court may order such THE 10,292
PUBLIC nuisance abated.
No person shall keep a house which THAT is a habitual 10,294
resort of FOR thieves, burglars, or robbers, OR FOR PERSONS WHO 10,296
ARE CONSPIRING OR PLANNING TO COMMIT, WHO ARE FLEEING AFTER 10,297
HAVING COMMITTED OR AFTER ATTEMPTING TO COMMIT, OR WHO ARE IN 10,298
HIDING AFTER HAVING COMMITTED OR AFTER ATTEMPTING TO COMMIT,
235
FELONIOUS CONDUCT. No person shall let a house to be so kept, or 10,299
knowingly permit a house which he THAT THE PERSON has let to be 10,301
so kept.
Sec. 3773.99. (A) Whoever violates section 3773.05, 10,310
3773.06, 3773.21, or 3773.50 of the Revised Code is guilty of a 10,312
misdemeanor of the fourth degree. 10,313
(B) Whoever violates section 3773.07 of the Revised Code 10,315
is guilty of a felony of the fourth degree. 10,316
(C) Whoever violates section 3773.211, 3773.32, 3773.40, 10,318
3773.44, 3773.45, 3773.46, or 3773.47, division (A) of section 10,321
3773.54, or division (B) of section 3773.33 of the Revised Code 10,322
is guilty of a misdemeanor of the first degree. 10,323
(D)(C) Whoever violates section 3773.48 or 3773.49 of the 10,325
Revised Code is guilty of a minor misdemeanor. 10,326
Sec. 4503.19. Upon the filing of an application for 10,335
registration and the payment of the tax for registration, the 10,337
registrar of motor vehicles or a deputy registrar shall determine 10,338
whether the owner previously has been issued license plates for 10,340
the motor vehicle described in the application. If no license 10,341
plates previously have been issued to the owner for that motor 10,343
vehicle, the registrar or deputy registrar shall assign to the 10,344
motor vehicle a distinctive number and issue and deliver to the 10,345
owner in the manner that the registrar may select a certificate 10,347
of registration, in the form that the registrar shall prescribe, 10,350
and, except as otherwise provided in this section, two license 10,351
plates, duplicates of each other, and a validation sticker, or a 10,352
validation sticker alone, to be attached to the number plates as 10,353
provided in section 4503.191 of the Revised Code. The registrar 10,355
or deputy registrar also shall charge the owner any fees required 10,356
under division (C) of section 4503.10 of the Revised Code. 10,357
Trailers, manufactured homes, mobile homes, semitrailers, the 10,358
manufacturer thereof, the dealer, or in transit companies 10,359
therein, shall be issued one license plate only and one 10,360
validation sticker, or a validation sticker alone, and the 10,361
236
license plate and validation sticker shall be displayed only on 10,363
the rear of such vehicles. A commercial tractor that does not 10,364
receive an apportioned license plate under the international 10,365
registration plan shall be issued two license plates and one 10,366
validation sticker, and the validation sticker shall be displayed 10,367
on the front of the commercial tractor. An apportioned vehicle 10,368
receiving an apportioned license plate under the international 10,370
registration plan shall be issued one license plate only and one 10,371
validation sticker, or a validation sticker alone; the license 10,372
plate shall be displayed only on the front of a semitractor and 10,373
on the rear of all other vehicles. School buses shall not be 10,374
issued license plates but shall bear identifying numbers in the 10,375
manner prescribed by section 4511.764 of the Revised Code. The 10,376
certificate of registration and license plates and validation 10,377
stickers, or validation stickers alone, shall be issued and 10,378
delivered to the owner in person or by mail. Chauffeured 10,379
limousines shall be issued license plates, a validation sticker, 10,380
and a livery sticker as provided in section 4503.24 of the 10,381
Revised Code. In the event of the loss, mutilation, or 10,382
destruction of any certificate of registration, or of any license 10,383
plates or validation stickers, or if the owner chooses to replace 10,385
license plates previously issued for a motor vehicle, or if the 10,386
registration certificate and license plates have been impounded 10,387
as provided by division (F)(1) of section 4507.02 and division 10,388
(A)(2)(4) of section 4507.16 of the Revised Code, the owner of a 10,390
motor vehicle, or manufacturer or dealer, may obtain from the 10,391
registrar, or from a deputy registrar if authorized by the 10,392
registrar, a duplicate thereof or new license plates bearing a 10,393
different number, if the registrar considers it advisable, upon 10,395
filing an application prescribed by the registrar, and upon 10,396
paying a fee of one dollar for such certificate of registration, 10,397
a fee of two dollars for each set of two license plates, or one 10,398
dollar for each single license plate or validation sticker. In 10,400
addition, each applicant for a replacement certificate of 10,401
237
registration, license plate, or validation sticker shall pay the 10,402
fees provided in divisions (C) and (D) of section 4503.10 of the 10,403
Revised Code.
Additionally, the registrar and each deputy registrar who 10,405
either issues license plates and a validation sticker for use on 10,406
any vehicle other than a commercial tractor, semitrailer, or 10,408
apportioned vehicle, or who issues a validation sticker alone for 10,409
use on such a vehicle and the owner has changed the owner's 10,410
county of residence since the owner last was issued county 10,411
identification stickers, also shall issue and deliver to the 10,412
owner either one or two county identification stickers, as 10,413
appropriate, which shall be attached to the license plates in a 10,415
manner prescribed by the director of public safety. The county 10,416
identification stickers shall identify prominently by name or 10,418
number the county in which the owner of the vehicle resides at 10,419
the time of registration. 10,420
Sec. 4503.233. (A)(1) As used in this section, "vehicle 10,429
owner" means either of the following: 10,430
(a) The person in whose name is registered, at the time of 10,432
the offense, a vehicle that is subject to an immobilization order 10,433
issued under division (A)(2) of this section; 10,434
(b) A person to whom, at the time of the offense, the 10,436
certificate of title to a vehicle has been assigned and who has 10,437
not obtained a certificate of title to the vehicle in that 10,438
person's name but who is deemed by the court as being the owner 10,439
of the vehicle at the time of the offense for which the vehicle
is subject to an immobilization and impoundment order issued 10,440
under division (A)(2) of this section. 10,441
(2) If a court is required to order the immobilization of 10,443
a vehicle for a specified period of time pursuant to division 10,444
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 10,445
pursuant to division (A)(2)(b) or (3)(b) of section 4511.99, 10,446
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section 10,447
4507.361, or pursuant to division (B)(2)(a) or (b)(i) OR (ii) of 10,449
238
section 4511.193 of the Revised Code, the court shall issue an 10,450
immobilization order, subject to section 4503.235 of the Revised 10,452
Code, in accordance with this division and for the period of time 10,453
specified in the particular division, and the immobilization
under the order shall be in accordance with this section. The 10,455
court, at the time of sentencing the offender for the offense 10,456
relative to which the immobilization order is issued or as soon 10,457
thereafter as is practicable, shall give a copy of the order to 10,458
the offender or the offender's counsel and to the vehicle owner 10,459
or the vehicle owner's counsel. The court promptly shall send a 10,460
copy of the order to the registrar on a form prescribed by the 10,461
registrar and to the person or agency it designates to execute
the order. 10,462
The order shall indicate the date on which it is issued, 10,464
shall identify the vehicle that is subject to the order, and 10,465
shall specify all of the following: 10,466
(a) The period of the immobilization; 10,468
(b) The place at which the court determines that the 10,470
immobilization shall be carried out, provided that the court 10,471
shall not determine and shall not specify that the immobilization 10,472
is to be carried out at any place other than a commercially 10,473
operated private storage lot, a place owned by a law enforcement 10,474
or other government agency, or a place to which one of the 10,475
following applies: 10,476
(i) The place is leased by or otherwise under the control 10,478
of a law enforcement or other government agency. 10,479
(ii) The place is owned by the offender, the offender's 10,481
spouse, or a parent or child of the offender. 10,482
(iii) The place is owned by a private person or entity, 10,484
and, prior to the issuance of the order, the private entity or 10,485
person that owns the place, or the authorized agent of that 10,486
private entity or person, has given express written consent for 10,487
the immobilization to be carried out at that place. 10,488
(iv) The place is a public street or highway on which the 10,490
239
vehicle is parked in accordance with the law. 10,491
(c) The person or agency designated by the court to 10,493
execute the order, which shall be either the law enforcement 10,494
agency that employs the law enforcement officer who seized the 10,495
vehicle, a bailiff of the court, another person the court 10,496
determines to be appropriate to execute the order, or the law 10,497
enforcement agency with jurisdiction over the place of residence 10,498
of the vehicle owner; 10,499
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 10,501
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 10,502
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 10,503
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 10,504
(3) The person or agency the court designates to 10,506
immobilize the vehicle shall seize or retain that vehicle's 10,507
license plates and forward them to the bureau of motor vehicles. 10,508
(4) In all cases, the vehicle owner shall be assessed an 10,511
immobilization fee of one hundred dollars, and the immobilization 10,512
fee shall be paid to the registrar before the vehicle may be 10,513
released to the vehicle, and that neither the registrar nor a 10,514
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 10,515
of the vehicle owner until the immobilization fee is paid owner. 10,516
Neither the registrar nor a deputy registrar shall accept an 10,517
application for the registration of any motor vehicle in the name 10,518
of the vehicle owner until the immobilization fee is paid. 10,519
(5) If the vehicle subject to the order is immobilized 10,522
pursuant to the order and is found being operated upon any street 10,523
or highway in this state during the immobilization period, it 10,524
shall be seized, removed from the street or highway, and 10,525
criminally forfeited and disposed of pursuant to section 4503.234 10,526
of the Revised Code.
the owner's 10,528
(6) The registrar shall deposit the immobilization fee 10,530
into the law enforcement reimbursement fund created by section 10,531
240
4501.19 of the Revised Code. Money in the fund shall be expended 10,532
only as provided in division (A)(6) of this section. If the 10,533
court designated in the order a court bailiff or another 10,534
appropriate person other than a law enforcement officer to 10,535
immobilize the vehicle, the amount of the fee deposited into the 10,536
law enforcement reimbursement fund shall be paid out to the 10,537
county treasury if the court that issued the order is a county 10,538
court, to the treasury of the municipal corporation served by the 10,539
court if the court that issued the order is a mayor's court, or 10,540
to the city treasury of the legislative authority of the court, 10,541
both as defined in section 1901.03 of the Revised Code, if the 10,542
court that issued the order is a municipal court. If the court 10,543
designated a law enforcement agency to immobilize the vehicle and 10,544
if the law enforcement agency immobilizes the vehicle, the amount 10,545
of the fee deposited into the law enforcement reimbursement fund 10,546
shall be paid out to the law enforcement agency to reimburse the 10,547
agency for the costs it incurs in obtaining immobilization 10,548
equipment and, if required, in sending an officer or other person 10,549
to search for and locate the vehicle specified in the 10,550
immobilization order and to immobilize the vehicle. 10,551
In addition to the immobilization fee required to be paid 10,553
under division (A)(4) of this section, the vehicle owner may be 10,555
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 10,556
(B) If a court issues an immobilization order under 10,559
division (A)(2) of this section, the person or agency designated 10,560
by the court to execute the immobilization order promptly shall 10,561
immobilize or continue the immobilization of the vehicle at the 10,562
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the 10,563
issuance of new identification license plates for the vehicle at 10,564
the end of the immobilization period the owner's until the 10,565
immobilization fee has been paid. 10,566
the owner's 10,568
241
(C) Upon receipt of the license plates for a vehicle under 10,570
this section, the registrar the registrar's shall destroy the 10,571
license plates. At the end of the immobilization period and upon 10,572
the payment of the immobilization fee that must be paid under 10,573
this section, the registrar shall authorize the release of the 10,574
vehicle and authorize the issuance, upon the payment of the same 10,575
fee as is required for the replacement of lost, mutilated, or 10,576
destroyed license plates and certificates of registration, of new 10,578
license plates and, if necessary, a new certificate of 10,579
registration to the vehicle owner for the vehicle in question. 10,580
(D)(1) If a court issues an immobilization order under 10,582
division (A) of this section, the immobilization period commences 10,584
on the day on which the vehicle in question is immobilized the 10,585
owner. If the vehicle in question had been seized under section 10,586
4507.38 or 4511.195 of the Revised Code, the time between the 10,587
seizure and the beginning of the immobilization period shall be 10,588
credited against the immobilization period specified in the 10,590
immobilization order issued under division (A) of this section. 10,591
No vehicle that is impounded under this section is eligible to 10,592
have special license plates of the type described in section 10,593
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 10,595
division (A) of this section, if the vehicle subject to the order 10,597
is immobilized under the order, and if the vehicle is found being 10,598
operated upon any street or highway of this state during the 10,599
immobilization period, it shall be seized, removed from the 10,600
street or highway, and criminally forfeited, and disposed of 10,601
pursuant to section 4503.234 of the Revised Code. No vehicle 10,602
that is forfeited under this provision shall be considered 10,603
contraband for purposes of section 2933.41, 2933.42, or 2933.43 10,604
of the Revised Code, but shall be held by the law enforcement 10,605
agency that employs the officer who seized it for disposal in 10,606
accordance with section 4503.234 of the Revised Code. 10,607
(3) If a court issues an immobilization order under 10,609
242
division (A) of this section, and if the vehicle is not claimed 10,611
within seven days after the end of the period of immobilization 10,612
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 10,614
vehicle shall send a written notice to the vehicle owner at the 10,615
vehicle owner's last known address informing the vehicle owner of 10,616
the date on which the period of immobilization ended, that the 10,617
owner the owner's the vehicle owner has twenty days after the 10,618
date of the notice to pay the immobilization fee and obtain the 10,620
release of the vehicle, and that if the owner the owner's the 10,621
vehicle owner does not pay the fee and obtain the release of the 10,622
vehicle within that twenty-day period, the vehicle will be 10,623
forfeited under section 4503.234 of the Revised Code to the 10,624
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 10,626
immobilization order issued under division (A) of this section 10,628
shall not sell the motor vehicle without approval of the court 10,629
that issued the order. If such an owner wishes to sell such a 10,630
the motor vehicle during the immobilization period, the owner 10,631
shall apply to the court that issued the immobilization order for 10,632
permission to assign the title to the vehicle. If the court is 10,634
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 10,635
this section, it may certify its consent to the owner and to the 10,636
registrar. Upon receipt of the court's consent, the registrar 10,637
shall enter the court's notice in the owner's vehicle license 10,638
plate registration record.
If, during a period of immobilization under an 10,640
immobilization order issued under division (A) of this section, 10,642
the title to the immobilized motor vehicle is transferred by the 10,643
foreclosure of a chattel mortgage, a sale upon execution, the 10,644
cancellation of a conditional sales contract, or an order of a 10,645
court, the involved court shall notify the registrar of the 10,646
action, and the registrar shall enter the court's notice in the 10,647
243
owner's vehicle license plate registration record. 10,648
Nothing in this section shall be construed as requiring the 10,650
registrar or the clerk of the court of common pleas to note upon 10,651
the certificate of title records any prohibition regarding the 10,652
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 10,654
immobilization order under division (A) of this section is 10,656
assigned or transferred without court approval between the time 10,657
of arrest of the person who was operating the vehicle at the time 10,658
of the offense for which such an order is to be issued and the 10,659
time of the actual immobilization of the vehicle, the court shall 10,660
order that, for a period of two years from the date of the order, 10,661
neither the registrar nor any deputy registrar shall accept an 10,662
application for the registration of any motor vehicle in the name 10,663
of the owner of the vehicle that was assigned or transferred 10,664
without court approval. The court shall notify the registrar of 10,665
the order on a form prescribed by the registrar for that purpose. 10,666
(E)(1) The court with jurisdiction over the case, after 10,668
notice to all interested parties including lienholders, and after 10,669
an opportunity for them to be heard, if the vehicle owner fails 10,670
to appear in person, without good cause, or if the court finds 10,671
that the vehicle owner does not intend to seek release of the 10,672
vehicle at the end of the period of immobilization or that the 10,673
vehicle owner is not or will not be able to pay the expenses and 10,674
charges incurred in its removal and storage, may order that title 10,675
to the vehicle be transferred, in order of priority, first into 10,676
the name of the entity entitled to the immobilization fee under 10,677
division (A)(6) of this section, next into the name of a 10,678
lienholder, or lastly, into the name of the owner of the place of 10,679
storage. 10,680
A lienholder that receives title under a court order shall 10,683
do so on the condition that it pay any expenses or charges 10,684
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 10,685
244
to the immobilization fee under division (A)(6) of this section, 10,686
it shall receive title on the condition that it pay any lien on 10,687
the vehicle. The court shall not order that title be transferred 10,688
to any person or entity other than the owner of the place of 10,689
storage if the person or entity refuses to receive the title. 10,690
Any person or entity that receives title may either keep title to 10,691
the vehicle or may dispose of the vehicle in any legal manner 10,692
that it considers appropriate, including assignment of the 10,693
certificate of title to the motor vehicle to a salvage dealer or 10,694
a scrap metal processing facility. The person or entity shall 10,695
not transfer the vehicle to the person who is the vehicle's 10,696
immediate previous owner. 10,697
If the person or entity assigns the motor vehicle to a 10,699
salvage dealer or scrap metal processing facility, the person or 10,701
entity shall send the assigned certificate of title to the motor 10,702
vehicle to the clerk of the court of common pleas of the county 10,703
in which the salvage dealer or scrap metal processing facility is 10,704
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 10,705
deliver a photocopy of the certificate of title to the salvage 10,706
dealer or scrap metal processing facility for its records. 10,707
(2) Whenever a court issues an order under division (E)(1) 10,709
of this section, the court also shall order removal of the 10,710
license plates from the vehicle and cause them to be sent to the 10,711
registrar if they have not already been sent to the registrar. 10,712
Thereafter, no further proceedings shall take place under this 10,713
section, but the vehicle owner remains liable for payment of the 10,714
immobilization fee described in division (A)(4) of this section 10,715
if an immobilization order previously had been issued by the 10,716
court.
(3) Prior to initiating a proceeding under division (E)(1) 10,718
of this section, and upon payment of the fee under division (B) 10,719
of section 4505.14 of the Revised Code, any interested party may 10,720
cause a search to be made of the public records of the bureau of 10,721
245
motor vehicles or the clerk of the court of common pleas, to 10,722
ascertain the identity of any lienholder of the vehicle. The 10,723
initiating party shall furnish this information to the clerk of 10,724
the court with jurisdiction over the case, and the clerk shall 10,726
provide notice to the vehicle owner, the defendant, any 10,727
lienholder, and any other interested parties listed by the 10,728
initiating party, at the last known address supplied by the 10,729
initiating party, by certified mail or, at the option of the 10,730
initiating party, by personal service or ordinary mail. 10,731
As used in this section, "interested party" includes the 10,733
vehicle owner, all lienholders, the defendant, the owner of the 10,734
place of storage, the person or entity that caused the vehicle to 10,735
be removed, and the person or entity, if any, entitled to the 10,736
immobilization fee under division (A)(6) of this section. 10,737
Sec. 4507.021. (A) Every county court judge, mayor of a 10,746
mayor's court, and clerk of a court of record shall keep a full 10,747
record of every case in which a person is charged with any 10,748
violation of sections 4511.01 to 4511.771, 4511.99, and 4513.01 10,749
to 4513.36 of the Revised Code, or of any other law or ordinance 10,750
regulating the operation of vehicles, streetcars, and trackless 10,751
trolleys on highways or streets. 10,752
A United States district court whose jurisdiction lies 10,755
within this state may keep a full record of every case in which a 10,756
person is charged with any violation of sections 4511.01 to 10,757
4511.771, 4511.99, and 4513.01 to 4513.36 of the Revised Code, or 10,758
of any other law or ordinance regulating the operation of 10,759
vehicles, streetcars, and trackless trolleys on highways or 10,760
streets located on federal property within this state. 10,761
(B) If a person is convicted of or forfeits bail in 10,763
relation to a violation of any section listed in division (A) of 10,764
this section or a violation of any other law or ordinance 10,765
regulating the operation of vehicles, streetcars, and trackless 10,766
trolleys on highways or streets, the county court judge, mayor of 10,767
a mayor's court, or clerk, within ten days after the conviction 10,768
246
or bail forfeiture, shall prepare and immediately forward to the 10,769
bureau of motor vehicles an abstract, certified by the preparer 10,770
to be true and correct, of the court record covering the case in 10,771
which the person was convicted or forfeited bail. 10,772
If a person is convicted of or forfeits bail in relation to 10,775
a violation of any section listed in division (A) of this section
or a violation of any other law or ordinance regulating the 10,776
operation of vehicles, streetcars, and trackless trolleys on 10,777
highways or streets, a United States district court whose 10,778
jurisdiction lies within this state, within ten days after the 10,779
conviction or bail forfeiture, may prepare and immediately 10,780
forward to the bureau an abstract, certified by the preparer to 10,781
be true and correct, of the court record covering the case in 10,782
which the person was convicted or forfeited bail. 10,783
(C)(1) Each abstract required by division (B) of this 10,785
section shall be made upon a form approved and furnished by the 10,786
bureau and shall include the name and address of the person 10,787
charged, the number of the person's driver's or commercial 10,788
driver's license, the registration number of the vehicle 10,789
involved, the nature of the offense, the date of the offense, the 10,790
date of hearing, the plea, the judgment, or whether bail was 10,791
forfeited, and the amount of the fine or forfeiture. 10,792
If a United States district court whose jurisdiction lies 10,795
within this state utilizes the provision contained in division 10,796
(B) of this section and forwards an abstract to the bureau, on a 10,797
form approved and furnished by the bureau, containing all the 10,798
information prescribed in division (C)(1) of this section, the 10,799
bureau shall accept and process the abstract in the same manner 10,800
as it accepts and processes an abstract received from a county 10,801
judge, mayor of a mayor's court, or clerk of a court of record. 10,802
(2)(a) If a person is charged with a violation of section 10,804
4511.19 of the Revised Code or a violation of any ordinance 10,805
relating to operating a vehicle while under the influence of 10,806
alcohol, a drug of abuse, or alcohol and a drug of abuse or 10,807
247
relating to operating a vehicle with a prohibited concentration 10,808
of alcohol in the blood, breath, or urine; if that charge is 10,809
dismissed or reduced; if the person is convicted of or forfeits 10,810
bail in relation to a violation of any other section of the 10,811
Revised Code or of any ordinance that regulates the operation of 10,812
vehicles, streetcars, and trackless trolleys on highways and 10,813
streets but that does not relate to operating a vehicle while 10,814
under the influence of alcohol, a drug of abuse, or alcohol and a 10,815
drug of abuse or to operating a vehicle with a prohibited 10,816
concentration of alcohol in the blood, breath, or urine; and if 10,817
the violation of which the person was convicted or in relation to 10,818
which the person forfeited bail arose out of the same facts and 10,819
circumstances and the same act as did the charge that was 10,820
dismissed or reduced, the abstract also shall set forth the 10,821
charge that was dismissed or reduced, indicate that it was 10,822
dismissed or reduced, and indicate that the violation resulting 10,823
in the conviction or bail forfeiture arose out of the same facts 10,824
and circumstances and the same act as did the charge that was 10,825
dismissed or reduced. 10,826
(b) If a charge against a person of a violation of 10,828
division (B)(1) or (D)(2) of section 4507.02 of the Revised Code 10,829
or any municipal ordinance that is substantially equivalent to 10,830
that division is dismissed or reduced and if the person is 10,831
convicted of or forfeits bail in relation to a violation of any 10,832
other section of the Revised Code or any other ordinance that 10,833
regulates the operation of vehicles, streetcars, and trackless 10,834
trolleys on highways and streets that arose out of the same facts 10,835
and circumstances as did the charge that was dismissed or 10,836
reduced, the abstract also shall set forth the charge that was 10,837
dismissed or reduced, indicate that it was dismissed or reduced, 10,838
and indicate that the violation resulting in the conviction or 10,839
bail forfeiture arose out of the same facts and circumstances and 10,840
the same act as did the charge that was dismissed or reduced. 10,841
(3) If a person was convicted of or pleaded guilty to a 10,843
248
violation of division (B)(1) or (D)(2) of section 4507.02 of the 10,844
Revised Code, a substantially equivalent municipal ordinance, 10,845
section 4507.33 or division (A) of section 4511.19 of the Revised 10,846
Code, or a municipal ordinance relating to operating a vehicle 10,848
while under the influence of alcohol, a drug of abuse, or alcohol 10,849
and a drug of abuse or with a prohibited concentration of alcohol 10,850
in the blood, breath, or urine, and division (E) of section 10,851
4503.234 of the Revised Code prohibits the registrar of motor 10,852
vehicles and all deputy registrars from accepting an application 10,854
for the registration of, or registering, any motor vehicle in the 10,855
name of that person, the abstract shall specifically set forth 10,856
these facts and clearly indicate the date on which the order of 10,857
criminal forfeiture was issued or would have been issued but for 10,858
the operation of division (C) of section 4503.234 or section 10,859
4503.235 of the Revised Code. If the registrar receives an 10,860
abstract containing this information relating to a person, the 10,861
registrar, in accordance with sections 4503.12 and 4503.234 of 10,862
the Revised Code, shall take all necessary measures to prevent 10,863
the registrar's office or any deputy registrar from accepting 10,865
from the person, for the period of time ending five years after 10,866
the date on which the order was issued or would have been issued 10,867
and as described in division (E) of section 4503.234 of the 10,868
Revised Code, any new application for the registration of any 10,869
motor vehicle in the name of the person. 10,870
(D)(1) Every court of record also shall forward to the 10,872
bureau an abstract of the court record as described in division 10,873
(C) of this section upon the conviction of any person of 10,874
aggravated vehicular homicide or vehicular homicide or of a 10,875
felony in the commission of which a vehicle was used. 10,876
A United States district court whose jurisdiction lies 10,879
within this state also may forward to the bureau an abstract as 10,880
described in division (C) of this section upon the conviction of 10,881
any person of aggravated vehicular homicide or vehicular homicide 10,882
or of a felony in the commission of which a vehicle was used. 10,883
249
(2)(a) If a child has been adjudicated an unruly or 10,885
delinquent child or a juvenile traffic offender for having 10,886
committed any act that if committed by an adult would be a drug 10,887
abuse offense, as defined in section 2925.01 of the Revised Code, 10,888
or any violation of division (B) of section 2917.11 or of section 10,889
4511.19 of the Revised Code, the court shall notify the bureau, 10,890
by means of an abstract of the court record as described in 10,891
divisions (B) and (C) of this section, within ten days after the 10,892
adjudication.
(b) If a court requires a child as provided in division 10,894
(D)(2)(a) of this section to attend a drug abuse or alcohol abuse 10,895
education, intervention, or treatment program, the abstract 10,896
required by that division and forwarded to the bureau also shall 10,897
include the name and address of the operator of the program and 10,898
the date that the child entered the program. If the child 10,899
satisfactorily completes the program, the court, immediately upon 10,901
receipt of such information, shall send to the bureau an updated
abstract that also shall contain the date on which the child 10,902
satisfactorily completed the program. 10,903
(E) The purposeful failure or refusal of the officer to 10,905
comply with this section constitutes misconduct in office and is 10,906
a ground for removal from the office. 10,907
(F) The bureau shall record within ten days and keep all 10,909
abstracts received under this section at its main office and 10,910
shall maintain records of convictions and bond forfeitures for 10,911
any violation of law or ordinance regulating the operation of 10,912
vehicles, streetcars, and trackless trolleys on highways and 10,913
streets, except as to parking a motor vehicle. The bureau also 10,914
shall record any abstract of a case involving a first violation 10,915
of division (D) of section 4511.21 of the Revised Code, whether 10,916
or not points are to be assessed therefor, in such a manner that 10,917
it becomes a part of the person's permanent record and assists a 10,918
court in monitoring the assessment of points under division (G) 10,919
of this section. 10,920
250
(G) Every court of record or mayor's court before which a 10,922
person is charged with a violation for which points are 10,923
chargeable by this section shall assess and transcribe to the 10,924
abstract of conviction report, furnished by the bureau, the 10,925
number of points chargeable by this section in the correct space 10,926
assigned on the reporting form. A United States district court 10,928
whose jurisdiction lies within this state and before whom a 10,929
person is charged with a violation for which points are 10,930
chargeable by this section may assess and transcribe to the 10,931
abstract of conviction report, furnished by the bureau, the 10,932
number of points chargeable by this section in the correct space 10,933
assigned on the reporting form. If the court so assesses and 10,934
transcribes to the abstract of conviction report the number of 10,935
points chargeable, the bureau shall record the points in the same 10,936
manner as those assessed and transcribed by every court of record 10,937
or mayor's court of this state. The points shall be assessed 10,938
based on the following formula: 10,939
(1) Violation of division (B), (C), or (D) of section 10,941
4507.02 of the Revised Code or any ordinance prohibiting the 10,942
operation of a motor vehicle while the driver's or commercial 10,943
driver's license is under suspension or revocation ..... 6 points 10,944
(2) Violation of section 2913.03 of the Revised Code, 10,946
except the provisions relating to use or operation of an aircraft 10,947
or motorboat, or any ordinance prohibiting the operation of a 10,948
vehicle without the consent of the owner ............... 6 points 10,949
(3) Aggravated vehicular homicide or, vehicular homicide, 10,951
VEHICULAR MANSLAUGHTER, AGGRAVATED VEHICULAR ASSAULT, OR 10,952
VEHICULAR ASSAULT, when either THE OFFENSE involves the operation 10,954
of a vehicle, streetcar, or trackless trolley on a highway or 10,956
street ................................................. 6 points
(4) Violation of division (A) of section 4511.19 of the 10,958
Revised Code, any ordinance prohibiting the operation of a 10,959
vehicle while under the influence of alcohol, a drug of abuse, or 10,960
alcohol and a drug of abuse, or any ordinance substantially 10,961
251
equivalent to division (A) of section 4511.19 of the Revised Code 10,962
prohibiting the operation of a vehicle with a prohibited 10,963
concentration of alcohol in the blood, breath, or urine 10,964
........................................................ 6 points 10,966
(5) Violation of section 4549.02 or 4549.021 of the 10,968
Revised Code or any ordinance requiring the driver of a vehicle 10,969
to stop and disclose identity at the scene of an accident 10,970
........................................................ 6 points 10,972
(6) Violation of section 2921.331 of the Revised Code or 10,974
any ordinance prohibiting the willful fleeing or eluding of a 10,975
police officer ......................................... 6 points 10,976
(7) Any crime punishable as a felony under the motor 10,978
vehicle laws of this state, or any other felony in the commission 10,979
of which a motor vehicle was used ...................... 6 points 10,980
(8) Operating a motor vehicle in violation of a 10,982
restriction imposed by a registrar ..................... 2 points 10,983
(9) Violation of section 4511.251 of the Revised Code or 10,985
any ordinance prohibiting street racing ................ 6 points 10,986
(10) Violation of section 4511.20 of the Revised Code or 10,988
any ordinance prohibiting the operation of a motor vehicle in 10,989
willful or wanton disregard of the safety of persons or property 10,991
........................................................ 4 points 10,991
(11) Violation of division (B) of section 4511.19 of the 10,993
Revised Code or any ordinance substantially equivalent to that 10,994
division prohibiting the operation of a vehicle with a prohibited 10,995
concentration of alcohol in the blood, breath, or urine 10,996
........................................................ 4 points 10,998
(12) Violation of any law or ordinance pertaining to 11,000
speed, except as otherwise provided in this section and in 11,001
division (G) of section 4511.21 of the Revised Code .... 2 points 11,002
(13) Upon a first violation of a limitation under division 11,004
(D) of section 4511.21 of the Revised Code at a speed in excess 11,005
of seventy-five miles per hour ......................... 2 points 11,006
(14) Upon a second violation within one year of the first 11,008
252
violation of a limitation under division (D) of section 4511.21 11,009
of the Revised Code, for each increment of five miles per hour in 11,010
excess of the posted speed limit, exclusive of the first five 11,011
miles per hour over the limitation ...................... 1 point 11,012
(15) Upon a third or subsequent violation within one year 11,014
of the first violation of a limitation under division (D) of 11,015
section 4511.21 of the Revised Code, for each increment of five 11,016
miles per hour in excess of the posted speed limit, exclusive of 11,017
the first five miles per hour over the limitation ...... 2 points 11,018
(16) All other moving violations pertaining to the 11,020
operation of motor vehicles reported under this section, except 11,021
any violations of section 4513.263 of the Revised Code or any 11,022
substantively comparable ordinance, or violations under Chapter 11,023
5577. of the Revised Code .............................. 2 points 11,024
(H) Upon receiving notification from the proper court, 11,026
including a United States district court whose jurisdiction lies 11,027
within this state, the bureau shall delete any points entered for 11,028
bond forfeiture in the event the driver is acquitted of the 11,029
offense for which bond was posted. 11,030
(I) In the event a person is convicted of, or forfeits 11,032
bail for two or more offenses, arising out of the same facts, and 11,033
points are chargeable for each of the offenses, points shall be 11,034
charged for only the conviction or bond forfeiture for which the 11,035
greater number of points is chargeable, and if the number of 11,036
points chargeable for each offense is equal, only one offense 11,037
shall be recorded and points charged therefor. 11,038
(J) Whenever the points charged against any person exceed 11,040
five, the registrar shall forward to the person at the person's 11,041
last known address, via regular mail, a warning letter listing 11,042
the reported violations, along with the number of points charged 11,043
for each, and outlining the suspension provision of this section. 11,044
(K) When, upon determination of the registrar, any person 11,046
has charged against the person a total of not less than twelve 11,047
points within a period of two years from the date of the first 11,048
253
conviction within the two-year period, the registrar shall send 11,049
written notification to the person at the person's last known 11,050
address, that the person's driver's or commercial driver's 11,051
license shall be suspended for six months, effective on the 11,052
twentieth day after mailing the notice, unless the person files a 11,053
petition in the municipal court or the county court, or in case 11,054
such person is under the age of eighteen years, in the juvenile 11,055
court, in whose jurisdiction such person resides, or in the case 11,057
of a nonresident, in the Franklin county municipal court. By 11,058
filing an appeal the person is agreeing to pay the cost of the 11,059
proceedings and is alleging that the person can show cause why 11,060
the person's driving privileges should not be suspended for a 11,062
period of six months.
(L) Any person who has charged against the person more 11,064
than five but not more than eleven points, for the purpose of 11,065
obtaining a credit of two points against the total amount of 11,066
points on the person's driving record, may enroll for one time 11,067
only in a course of remedial driving instruction, as approved by 11,069
the director of public safety. Such a credit, subject to 11,070
successful completion of an approved remedial driving course 11,071
taken at a time when more than five but not more than eleven
points are charged against the person, shall be approved by the 11,072
registrar.
(M) When the driving privileges of any person are 11,074
suspended by any trial judge of any court of record pursuant to 11,075
section 4507.16 of the Revised Code, and points are charged 11,076
against the person under this section for the offense which 11,077
resulted in the suspension, that period of suspension shall be 11,078
credited against the time of any subsequent suspension under this 11,079
section for which the points were considered in making the 11,080
subsequent suspension. 11,081
When the driving privileges of a person are suspended 11,083
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988), 11,084
18 U.S.C.A. 13, as amended, by a United States district court 11,085
254
whose jurisdiction lies within this state and the court utilizes 11,086
the provision contained in division (B) of this section, and 11,087
points are charged against the person under this section for the 11,088
offense that resulted in the suspension, the period of suspension 11,090
imposed by the district court shall be credited against the time 11,091
of any subsequent suspension imposed under this section for which 11,092
the points were considered in making the subsequent suspension. 11,093
(N) The registrar, upon written request of a licensee 11,096
petitioning under division (K) of this section, shall furnish the 11,097
licensee a copy of the registrar's record of the convictions and 11,098
bond forfeitures of the person certified by the registrar. This 11,099
record shall include the name, address, and birthdate of the
person so charged; the number of the person's driver's or 11,100
commercial driver's license; the name of the court in which each 11,102
conviction or bail forfeiture took place; the nature of the 11,103
offense; the date of hearing; the number of points charged 11,104
against each conviction or bail forfeiture; and such other 11,105
information as the registrar considers necessary. When the 11,106
record includes not less than twelve points charged against the 11,108
person within a two-year period, it is prima-facie evidence that 11,109
the person is a repeat traffic offender and the person's driving 11,110
privilege shall be suspended as provided in this section. 11,112
In hearing the matter and determining whether the person 11,114
has shown cause why the person's driving privileges should not be 11,115
suspended, the court shall decide the issue upon the record 11,116
certified by the registrar and such additional relevant, 11,117
competent, and material evidence as either the registrar or the 11,118
person whose license is sought to be suspended submits. 11,119
In such proceedings, the registrar shall be represented by 11,121
the prosecuting attorney of the county in which the person 11,122
resides if the petition is filed in the county court, except 11,123
where the petitioner is a resident of a city or village within 11,124
the jurisdiction of a county court in which case the city 11,125
director of law or village solicitor shall represent the 11,126
255
registrar. If the petition is filed in the municipal court, the 11,127
registrar shall be represented as provided in section 1901.34 of 11,128
the Revised Code. 11,129
If the court finds from the evidence submitted that the 11,131
person has failed to show cause why the person's driving 11,132
privileges should not be suspended, then the court shall assess 11,134
the cost of the proceeding against the person and shall impose 11,135
the suspension provided in division (K) of this section or 11,136
withhold the suspension, or part thereof, and provide such 11,137
conditions or probation as the court deems proper. If the court 11,138
finds that the person has shown cause why the person's driving 11,139
privileges should not be suspended, the cost of the proceedings 11,141
shall be paid out of the county treasury of the county in which 11,142
the proceedings were held.
Any person whose license is suspended under this section is 11,144
not entitled to apply for or receive a new license during the 11,145
effective period of the suspension. 11,146
Upon termination of any suspension or other penalty imposed 11,148
under this section involving surrender of a license or permit and 11,149
upon request of the person whose license or permit was so 11,150
suspended or surrendered, the registrar shall return the license 11,151
or permit to the person upon determining that all provisions of 11,152
section 4507.022 of the Revised Code have been met or shall 11,153
reissue the person's license or permit under section 4507.54 of 11,154
the Revised Code, if the registrar destroyed the license or 11,155
permit under that section.
Any person whose license, permit, or privilege to operate a 11,157
motor vehicle has been suspended as a repeat traffic offender 11,158
under this section and who, during such suspension, drives any 11,159
motor vehicle upon any highway is guilty of a misdemeanor of the 11,160
first degree, and no court shall suspend the first three days of 11,161
any such sentence. 11,162
(O) The privilege of driving a motor vehicle on the 11,164
highways or streets of this state, given to nonresidents under 11,165
256
section 4507.04 of the Revised Code, is subject to suspension by 11,167
the registrar.
Sec. 4507.16. (A)(1) The trial judge of any court of 11,176
record, in addition to or independent of all other penalties 11,177
provided by law or by ordinance, shall suspend for not less than 11,178
thirty days or more than three years or shall revoke the driver's 11,179
or commercial driver's license or permit or nonresident operating 11,181
privilege of any person who is convicted of or pleads guilty to 11,182
any of the following: 11,183
(a) Perjury or the making of a false affidavit under this 11,185
chapter, or any other law of this state requiring the 11,186
registration of motor vehicles or regulating their operation on 11,187
the highway; 11,188
(b) Any crime punishable as a felony under the motor 11,190
vehicle laws of this state or any other felony in the commission 11,191
of which a motor vehicle is used; 11,192
(c) Failing to stop and disclose identity at the scene of 11,194
the accident when required by law or ordinance to do so; 11,195
(d) Street racing as defined in section 4511.251 of the 11,198
Revised Code or any substantially similar municipal ordinance; 11,199
(e) Willfully eluding or fleeing a police officer; 11,201
(f) Trafficking in cigarettes with the intent to avoid 11,203
payment of the cigarette tax under division (A) of section 11,204
5743.112 of the Revised Code; 11,205
(g) A (2) SUBJECT TO DIVISION (D)(1) OF THIS SECTION, THE 11,208
TRIAL JUDGE OF ANY COURT OF RECORD, IN ADDITION TO OR INDEPENDENT
OF ALL OTHER PENALTIES PROVIDED BY LAW OR BY ORDINANCE, SHALL 11,209
SUSPEND THE DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR PERMIT OR 11,210
NONRESIDENT OPERATING PRIVILEGE OF ANY PERSON WHO IS CONVICTED OF 11,212
OR PLEADS GUILTY TO A violation of section 2903.06, 2903.07, or 11,213
2903.08 of the Revised Code or a municipal ordinance 11,214
substantially similar to section 2903.07 of the Revised Code, 11,215
unless the jury or judge as trier of fact in the case finds that 11,216
the offender was under the influence of alcohol, a drug of abuse, 11,217
257
or alcohol and a drug of abuse at the time of the commission of 11,218
the offense. THE SUSPENSION SHALL BE FOR THE PERIOD OF TIME 11,219
SPECIFIED IN SECTION 2903.06 OR 2903.08 OF THE REVISED CODE,
WHICHEVER IS APPLICABLE. 11,220
(3) If a person is convicted of or pleads guilty to a 11,222
violation of section 2907.24 of the Revised Code, an attempt to 11,224
commit a violation of that section, or a violation of or an 11,225
attempt to commit a violation of a municipal ordinance that is 11,226
substantially equivalent to that section and if the person, in 11,227
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 11,228
addition to or independent of all other penalties provided by law 11,229
or ordinance, shall suspend for thirty days the person's driver's 11,230
or commercial driver's license or permit. 11,231
The trial judge of any court of record, in addition to 11,233
suspensions or revocations of licenses, permits, or privileges 11,234
pursuant to this division and in addition to or independent of 11,235
all other penalties provided by law or by ordinance, shall impose 11,236
a suspended jail sentence not to exceed six months, if 11,237
imprisonment was not imposed for the offense for which the person 11,238
was convicted. 11,239
(2)(4) If the trial judge of any court of record suspends 11,242
or revokes the driver's or commercial driver's license or permit
or nonresident operating privilege of a person who is convicted 11,243
of or pleads guilty to any offense for which such suspension or 11,244
revocation is provided by law or ordinance, in addition to all 11,245
other penalties provided by law or ordinance, the judge may issue 11,246
an order prohibiting the offender from registering, renewing, or 11,247
transferring the registration of any vehicle during the period 11,248
that the offender's license, permit, or privilege is suspended or
revoked. The court promptly shall send a copy of the order to 11,249
the registrar of motor vehicles. 11,250
Upon receipt of such an order, neither the registrar nor 11,252
any deputy registrar shall accept any application for the 11,253
258
registration, registration renewal, or transfer of registration 11,254
of any motor vehicle owned or leased by the person named in the 11,255
order during the period that the person's license, permit, or 11,256
privilege is suspended or revoked, unless the registrar is
properly notified by the court that the order of suspension or 11,257
revocation has been canceled. When the period of suspension or 11,258
revocation expires or the order is canceled, the registrar or 11,259
deputy registrar shall accept the application for registration, 11,260
registration renewal, or transfer of registration of the person
named in the order. 11,261
(B) Except as otherwise provided in this section, the 11,263
trial judge of any court of record and the mayor of a mayor's 11,264
court, in addition to or independent of all other penalties 11,265
provided by law or by ordinance, shall revoke the driver's or 11,266
commercial driver's license or permit or nonresident operating 11,267
privilege of any person who is convicted of or pleads guilty to a 11,268
violation of division (A) of section 4511.19 of the Revised Code, 11,269
of a municipal ordinance relating to operating a vehicle while 11,270
under the influence of alcohol, a drug of abuse, or alcohol and a 11,271
drug of abuse, or of a municipal ordinance that is substantially 11,272
equivalent to division (A) of section 4511.19 of the Revised Code 11,273
relating to operating a vehicle with a prohibited concentration 11,274
of alcohol in the blood, breath, or urine or suspend the license, 11,275
permit, or privilege as follows: 11,276
(1) Except when division (B)(2), (3), or (4) of this 11,278
section applies and the judge or mayor is required to suspend or 11,279
revoke the offender's license or permit pursuant to that 11,280
division, the judge or mayor shall suspend the offender's 11,281
driver's or commercial driver's license or permit or nonresident 11,282
operating privilege for not less than six months nor more than 11,283
three years. 11,284
(2) Subject to division (B)(4) of this section, if, within 11,286
six years of the offense, the offender has been convicted of or 11,288
pleaded guilty to one violation of division (A) or (B) of section 11,289
259
4511.19 of the Revised Code, a municipal ordinance relating to 11,290
operating a vehicle while under the influence of alcohol, a drug 11,291
of abuse, or alcohol and a drug of abuse, a municipal ordinance 11,292
relating to operating a motor vehicle with a prohibited 11,293
concentration of alcohol in the blood, breath, or urine, section 11,294
2903.04 of the Revised Code in a case in which the offender was 11,295
subject to the sanctions described in division (D) of that 11,296
section, section 2903.06, 2903.07, or 2903.08 of the Revised 11,297
Code, FORMER SECTION 2903.07 OF THE REVISED CODE, or a municipal 11,298
ordinance that is substantially similar to FORMER section 2903.07 11,299
of the Revised Code in a case in which the jury or judge found 11,301
that the offender was under the influence of alcohol, a drug of 11,302
abuse, or alcohol and a drug of abuse, or a statute of the United 11,303
States or of any other state or a municipal ordinance of a 11,304
municipal corporation located in any other state that is 11,305
substantially similar to division (A) or (B) of section 4511.19 11,306
of the Revised Code, the judge shall suspend the offender's 11,307
driver's or commercial driver's license or permit or nonresident 11,308
operating privilege for not less than one year nor more than five 11,309
years.
(3) Subject to division (B)(4) of this section, if, within 11,311
six years of the offense, the offender has been convicted of or 11,312
pleaded guilty to two violations described in division (B)(2) of 11,313
this section, or a statute of the United States or of any other 11,314
state or a municipal ordinance of a municipal corporation located 11,316
in any other state that is substantially similar to division (A) 11,317
or (B) of section 4511.19 of the Revised Code, the judge shall 11,318
suspend the offender's driver's or commercial driver's license or 11,319
permit or nonresident operating privilege for not less than one 11,320
year nor more than ten years.
(4) If, within six years of the offense, the offender has 11,322
been convicted of or pleaded guilty to three or more violations 11,323
described in division (B)(2) of this section, a statute of the 11,325
United States or of any other state or a municipal ordinance of a 11,326
260
municipal corporation located in any other state that is 11,327
substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, or if the offender previously has been 11,329
convicted of or pleaded guilty to a violation of division (A) of 11,330
section 4511.19 of the Revised Code under circumstances in which 11,331
the violation was a felony and regardless of when the violation 11,332
and the conviction or guilty plea occurred, the judge shall
suspend the offender's driver's or commercial driver's license or 11,334
permit or nonresident operating privilege for a period of time 11,335
set by the court but not less than three years, and the judge may 11,336
permanently revoke the offender's driver's or commercial driver's 11,337
license or permit or nonresident operating privilege. 11,338
(5) The filing of an appeal by a person whose driver's or 11,340
commercial driver's license is suspended or revoked under 11,341
division (B)(1), (2), (3), or (4) of this section regarding any 11,342
aspect of the person's trial or sentence does not stay the 11,343
operation of the suspension or revocation. 11,345
(C) The trial judge of any court of record or the mayor of 11,347
a mayor's court, in addition to or independent of all other 11,348
penalties provided by law or by ordinance, may suspend the 11,349
driver's or commercial driver's license or permit or nonresident 11,350
operating privilege of any person who violates a requirement or 11,351
prohibition of the court imposed under division (F) of this 11,352
section or division (G)(1) of section 2951.02 of the Revised Code 11,354
as follows:
(1) For not more than one year, upon conviction for a 11,356
first violation of the requirement or prohibition; 11,357
(2) For not more than five years, upon conviction for a 11,359
second or subsequent violation of the requirement or prohibition 11,360
during the same period of required use of an ignition interlock 11,361
device that is certified pursuant to section 4511.83 of the 11,362
Revised Code. 11,363
(D)(1) The trial judge of any court of record, in addition 11,365
to or independent of all other penalties provided by law or by 11,366
261
ordinance, shall permanently revoke the driver's or commercial 11,367
driver's license or permit or nonresident operating privilege of 11,368
any person who is convicted of or pleads guilty to a violation of 11,369
section 2903.04 OR 2903.06 of the Revised Code in a case in which 11,371
the offender is subject to the sanctions described in division 11,372
(D) of that section, or of any person who is convicted of or 11,373
pleads guilty to a violation of 2903.04 OR DIVISION (B) OF 11,375
section 2903.06, 2903.07, or 2903.08 of the Revised Code or of a 11,376
municipal ordinance that is substantially similar to section 11,377
2903.07 of the Revised Code if the jury or judge as trier of fact 11,378
in the case in which the person is convicted finds that the 11,379
offender was under the influence of alcohol, a drug of abuse, or 11,380
alcohol and a drug of abuse, at the time of the commission of the 11,381
offense REQUIRES THE JUDGE TO PERMANENTLY REVOKE THE LICENSE, 11,382
PERMIT, OR PRIVILEGE.
(2) In addition to any prison term authorized or required 11,384
by the section that establishes the offense and sections 2929.13 11,386
and 2929.14 of the Revised Code, and in addition to any other 11,387
sanction imposed for the offense under the section that 11,388
establishes the offense or sections 2929.11 to 2929.182 of the 11,389
Revised Code, the court that sentences an offender who is 11,390
convicted of or pleads guilty to a violation of section 2925.02, 11,391
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 11,392
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 11,396
revoke, shall suspend for not less than six months or more than 11,397
five years, as specified in the section that establishes the 11,398
offense, the person's driver's or commercial driver's license or 11,400
permit. If the person's driver's or commercial driver's license 11,401
or permit is under suspension on the date the court imposes 11,402
sentence upon the person, any revocation imposed upon the person 11,403
that is referred to in division (D)(2) of this section shall take 11,405
effect immediately. If the person's driver's or commercial 11,406
driver's license or permit is under suspension on the date the 11,407
262
court imposes sentence upon the person, any period of suspension 11,408
imposed upon the person that is referred to in division (D)(2) of 11,409
this section shall take effect on the next day immediately 11,410
following the end of that period of suspension. If the person is 11,411
sixteen years of age or older and is a resident of this state but 11,412
does not have a current, valid Ohio driver's or commercial 11,413
driver's license or permit, the court shall order the registrar 11,414
to deny to the person the issuance of a driver's or commercial 11,415
driver's license or permit for six months beginning on the date 11,416
the court imposes a sentence upon the person. If the person has 11,417
not attained the age of sixteen years on the date the court 11,418
sentences the person for the violation, the period of denial 11,419
shall commence on the date the person attains the age of sixteen 11,421
years.
(E) Except as otherwise provided in this section, the 11,423
trial judge of any court of record and the mayor of a mayor's 11,424
court, in addition to or independent of all other penalties 11,425
provided by law or ordinance, shall suspend for not less than 11,426
sixty days nor more than two years the driver's or commercial 11,427
driver's license or permit or nonresident operating privilege of 11,428
any person who is convicted of or pleads guilty to a violation of 11,429
division (B) of section 4511.19 of the Revised Code or of a 11,430
municipal ordinance substantially equivalent to that division 11,431
relating to operating a vehicle with a prohibited concentration 11,432
of alcohol in the blood, breath, or urine. 11,433
(F) If (1) A PERSON IS NOT ENTITLED TO REQUEST, AND A 11,436
JUDGE OR MAYOR SHALL NOT GRANT TO THE PERSON, OCCUPATIONAL 11,437
DRIVING PRIVILEGES UNDER DIVISION (F) OF THIS SECTION IF a 11,439
person's driver's or commercial driver's license or permit or 11,440
nonresident operating privilege has been suspended pursuant to 11,441
division (B) or (C) of this section or pursuant to division (F) 11,442
of section 4511.191 of the Revised Code, and the person, within 11,443
the preceding seven years, has been convicted of or pleaded 11,444
guilty to three or more violations of division ONE OR MORE OF THE 11,445
263
FOLLOWING:
(a) DIVISION (A) or (B) of section 4511.19 of the Revised 11,448
Code, a;
(b) A municipal ordinance relating to operating a vehicle 11,451
while under the influence of alcohol, a drug of abuse, or alcohol 11,452
and a drug of abuse, a;
(c) A municipal ordinance relating to operating a vehicle 11,455
with a prohibited concentration of alcohol in the blood, breath, 11,456
or urine, section; 11,457
(d) SECTION 2903.04 of the Revised Code in a case in which 11,459
the person was subject to the sanctions described in division (D) 11,460
of that section,; 11,461
(e) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 11,464
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 11,465
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 11,466
(f) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 11,469
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 11,470
2903.07 of the Revised Code, or a municipal ordinance that is 11,471
substantially similar to section 2903.07 of the Revised Code ANY 11,472
OF THOSE DIVISIONS OR THAT FORMER SECTION, in a case in which the 11,475
jury or judge found that the person was under the influence of 11,476
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a; 11,477
(g) A statute of the United States or of any other state 11,479
or a municipal ordinance of a municipal corporation located in 11,480
any other state that is substantially similar to division (A) or 11,481
(B) of section 4511.19 of the Revised Code, the person is not 11,483
entitled to request, and the judge or mayor shall not grant to 11,484
the person, occupational driving privileges under this division. 11,485
Any.
(2) ANY other person WHO IS NOT DESCRIBED IN DIVISION 11,488
(F)(1) OF THIS SECTION AND whose driver's or commercial driver's 11,489
license or nonresident operating privilege has been suspended 11,490
under any of those divisions may file a petition that alleges 11,491
that the suspension would seriously affect the person's ability 11,492
264
to continue the person's employment. The petition of a person 11,493
whose license, permit, or privilege was suspended pursuant to 11,494
division (F) of section 4511.191 of the Revised Code shall be 11,495
filed in the court specified in division (I)(4) of that section, 11,496
and the petition of a person whose license, permit, or privilege 11,497
was suspended under division (B) or (C) of this section shall be 11,498
filed in the municipal, county, mayor's, or in the case of a 11,499
minor, juvenile court that has jurisdiction over the place of 11,500
arrest. Upon satisfactory proof that there is reasonable cause 11,501
to believe that the suspension would seriously affect the 11,502
person's ability to continue the person's employment, the judge 11,504
of the court or mayor of the mayor's court may grant the person 11,505
occupational driving privileges during the period during which 11,506
the suspension otherwise would be imposed, except that the judge 11,507
or mayor shall not grant occupational driving privileges to any 11,508
person who, within seven years of the filing of the petition, has 11,509
been convicted of or pleaded guilty to three or more violations 11,510
of division (A) or (B) of section 4511.19 of the Revised Code, a 11,511
municipal ordinance relating to operating a vehicle while under 11,512
the influence of alcohol, a drug of abuse, or alcohol and a drug 11,513
of abuse, a municipal ordinance relating to operating a vehicle 11,514
with a prohibited concentration of alcohol in the blood, breath, 11,515
or urine, section 2903.04 of the Revised Code in a case in which 11,516
the person was subject to the sanctions described in division (D) 11,517
of that section, section 2903.06, 2903.07, or 2903.08 of the 11,518
Revised Code or a municipal ordinance that is substantially 11,519
similar to section 2903.07 of the Revised Code in a case in which 11,520
the jury or judge found that the person was under the influence 11,521
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 11,523
statute of the United States or of any other state or a municipal 11,524
ordinance of a municipal corporation located in any other state 11,525
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, shall not grant occupational driving 11,527
privileges for employment as a driver of commercial motor 11,528
265
vehicles to any person who is disqualified from operating a 11,529
commercial motor vehicle under section 2301.374 or 4506.16 of the 11,530
Revised Code, and shall not grant occupational driving privileges 11,531
during any of the following periods of time: 11,532
(1)(a) The first fifteen days of suspension imposed upon 11,534
an offender whose license, permit, or privilege is suspended 11,535
pursuant to division (B)(1) of this section or division (F)(1) of 11,536
section 4511.191 of the Revised Code. On or after the sixteenth 11,537
day of suspension, the court may grant the offender occupational 11,538
driving privileges, but the court may provide that the offender 11,539
shall not exercise the occupational driving privileges unless the 11,541
vehicles the offender operates are equipped with ignition 11,542
interlock devices. 11,543
(2)(b) The first thirty days of suspension imposed upon an 11,545
offender whose license, permit, or privilege is suspended 11,546
pursuant to division (B)(2) of this section or division (F)(2) of 11,547
section 4511.191 of the Revised Code. On or after the 11,548
thirty-first day of suspension, the court may grant the offender 11,549
occupational driving privileges, but the court may provide that 11,550
the offender shall not exercise the occupational driving 11,551
privileges unless the vehicles the offender operates are equipped 11,553
with ignition interlock devices.
(3)(c) The first one hundred eighty days of suspension 11,555
imposed upon an offender whose license, permit, or privilege is 11,556
suspended pursuant to division (B)(3) of this section or division 11,557
(F)(3) of section 4511.191 of the Revised Code. The judge may 11,558
grant occupational driving privileges to an offender who receives 11,559
a suspension under either of those divisions on or after the one 11,561
hundred eighty-first day of the suspension only if division (F) 11,562
of this section does not prohibit the judge from granting the 11,563
privileges and only if the judge, at the time of granting the 11,564
privileges, also issues an order prohibiting the offender, while 11,566
exercising the occupational driving privileges during the period 11,567
commencing with the one hundred eighty-first day of suspension 11,568
266
and ending with the first year of suspension, from operating any 11,569
motor vehicle unless it is equipped with a certified ignition 11,570
interlock device. After the first year of the suspension, the 11,571
court may authorize the offender to continue exercising the 11,572
occupational driving privileges in vehicles that are not equipped 11,573
with ignition interlock devices. If the offender does not 11,574
petition for occupational driving privileges until after the 11,575
first year of suspension and if division (F) of this section does 11,576
not prohibit the judge from granting the privileges, the judge 11,577
may grant the offender occupational driving privileges without 11,578
requiring the use of a certified ignition interlock device. 11,579
(4)(d) The first three years of suspension imposed upon an 11,581
offender whose license, permit, or privilege is suspended 11,582
pursuant to division (B)(4) of this section or division (F)(4) of 11,583
section 4511.191 of the Revised Code. The judge may grant 11,584
occupational driving privileges to an offender who receives a 11,585
suspension under either of those divisions after the first three 11,587
years of suspension only if division (F) of this section does not 11,588
prohibit the judge from granting the privileges and only if the 11,589
judge, at the time of granting the privileges, also issues an 11,590
order prohibiting the offender from operating any motor vehicle, 11,591
for the period of suspension following the first three years of 11,592
suspension, unless the motor vehicle is equipped with a certified 11,593
ignition interlock device. 11,594
(G) If a person's driver's or commercial driver's license 11,596
or permit or nonresident operating privilege has been suspended 11,597
under division (E) of this section, and the person, within the 11,598
preceding seven years, has been convicted of or pleaded guilty to 11,599
three or more violations of IDENTIFIED IN division (A) or (B) 11,601
(F)(1) of THIS section 4511.19 of the Revised Code, a municipal 11,602
ordinance relating to operating a vehicle while under the 11,603
influence of alcohol, a drug of abuse, or alcohol and a drug of 11,604
abuse, a municipal ordinance relating to operating a vehicle with 11,605
a prohibited concentration of alcohol in the blood, breath, or 11,606
267
urine, section 2903.04 of the Revised Code in a case in which the 11,607
person was subject to the sanctions described in division (D) of 11,608
that section, section 2903.06, 2903.07, or 2903.08 of the Revised 11,609
Code or a municipal ordinance that is substantially similar to 11,610
section 2903.07 of the Revised Code in a case in which the jury 11,611
or judge found that the person was under the influence of 11,612
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 11,613
statute of the United States or of any other state or a municipal 11,614
ordinance of a municipal corporation located in any other state 11,616
that is substantially similar to division (A) or (B) of section 11,617
4511.19 of the Revised Code, the person is not entitled to 11,618
request, and the judge or mayor shall not grant to the person, 11,619
occupational driving privileges under this division. Any other 11,620
person whose driver's or commercial driver's license or 11,621
nonresident operating privilege has been suspended under division 11,622
(E) of this section may file a petition that alleges that the 11,624
suspension would seriously affect the person's ability to 11,625
continue the person's employment. The petition shall be filed in 11,626
the municipal, county, or mayor's court that has jurisdiction 11,627
over the place of arrest. Upon satisfactory proof that there is 11,628
reasonable cause to believe that the suspension would seriously 11,629
affect the person's ability to continue the person's employment, 11,631
the judge of the court or mayor of the mayor's court may grant 11,632
the person occupational driving privileges during the period 11,633
during which the suspension otherwise would be imposed, except 11,634
that the judge or mayor shall not grant occupational driving 11,635
privileges to any person who, within seven years of the filing of 11,636
the petition, has been convicted of or pleaded guilty to three or 11,637
more violations of division (A) or (B) of section 4511.19 of the 11,638
Revised Code, a municipal ordinance relating to operating a 11,639
vehicle while under the influence of alcohol, a drug of abuse, or 11,640
alcohol and a drug of abuse, a municipal ordinance relating to 11,641
operating a vehicle with a prohibited concentration of alcohol in 11,642
the blood, breath, or urine, section 2903.04 of the Revised Code 11,643
268
in a case in which the person was subject to the sanctions 11,644
described in division (D) of that section, section 2903.06, 11,645
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 11,646
that is substantially similar to section 2903.07 of the Revised 11,647
Code in a case in which the jury or judge found that the person 11,648
was under the influence of alcohol, a drug of abuse, or alcohol 11,649
and a drug of abuse, or a statute of the United States or of any 11,650
other state or a municipal ordinance of a municipal corporation 11,652
located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code, shall 11,654
not grant occupational driving privileges for employment as a 11,655
driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under 11,656
section 4506.16 of the Revised Code, and shall not grant 11,657
occupational driving privileges during the first sixty days of 11,658
suspension imposed upon an offender whose driver's or commercial 11,659
driver's license or permit or nonresident operating privilege is 11,660
suspended pursuant to division (E) of this section. 11,661
(H)(1) After a driver's or commercial driver's license or 11,663
permit has been suspended or revoked pursuant to this section, 11,665
the judge of the court or mayor of the mayor's court that 11,666
suspended or revoked the license or permit shall cause the 11,667
offender to deliver the license or permit to the court. The 11,668
judge, mayor, or clerk of the court or mayor's court, if the 11,669
license or permit has been suspended or revoked in connection 11,670
with any of the offenses listed in this section, forthwith shall 11,671
forward it to the registrar with notice of the action of the 11,673
court.
(2) Suspension of a commercial driver's license under this 11,675
section shall be concurrent with any period of disqualification 11,676
under section 2301.374 or 4506.16 of the Revised Code. No person 11,677
who is disqualified for life from holding a commercial driver's 11,678
license under section 4506.16 of the Revised Code shall be issued 11,679
a driver's license under this chapter during the period for which 11,680
269
the commercial driver's license was suspended under this section, 11,681
and no person whose commercial driver's license is suspended 11,682
under this section shall be issued a driver's license under this 11,683
chapter during the period of the suspension. 11,684
(I) No judge shall suspend the first thirty days of 11,686
suspension of a driver's or commercial driver's license or permit 11,688
or a nonresident operating privilege required under division (A) 11,689
of this section, no judge or mayor shall suspend the first six 11,690
months of suspension required under division (B)(1) of this 11,691
section, no judge shall suspend the first year of suspension 11,692
required under division (B)(2) of this section, no judge shall 11,693
suspend the first year of suspension required under division 11,694
(B)(3) of this section, no judge shall suspend the first three 11,695
years of suspension required under division (B)(4) of this 11,696
section, no judge or mayor shall suspend the revocation required 11,697
by division (D) of this section, and no judge or mayor shall 11,698
suspend the first sixty days of suspension required under 11,699
division (E) of this section, except that the court shall credit 11,700
any period of suspension imposed pursuant to section 4511.191 or 11,701
4511.196 of the Revised Code against any time of suspension 11,702
imposed pursuant to division (B) or (E) of this section as 11,703
described in division (J) of this section.
(J) The judge of the court or mayor of the mayor's court 11,705
shall credit any time during which an offender was subject to an 11,706
administrative suspension of the offender's driver's or 11,707
commercial driver's license or permit or nonresident operating 11,709
privilege imposed pursuant to division (E) or (F) of section 11,710
4511.191 or a suspension imposed by a judge, referee, or mayor 11,711
pursuant to division (B)(1) or (2) of section 4511.196 of the 11,712
Revised Code against the time to be served under a related 11,713
suspension imposed pursuant to this section. 11,714
(K) The judge or mayor shall notify the bureau of any 11,716
determinations made, and of any suspensions or revocations 11,717
imposed, pursuant to division (B) of this section. 11,718
270
(L)(1) If a court issues an ignition interlock order under 11,720
division (F) of this section, the order shall authorize the 11,721
offender during the specified period to operate a motor vehicle 11,722
only if it is equipped with a certified ignition interlock 11,723
device. The court shall provide the offender with a copy of an 11,724
ignition interlock order issued under division (F) of this 11,725
section, and the copy of the order shall be used by the offender 11,726
in lieu of an Ohio driver's or commercial driver's license or 11,727
permit until the registrar or a deputy registrar issues the 11,728
offender a restricted license. 11,729
An order issued under division (F) of this section does not 11,731
authorize or permit the offender to whom it has been issued to 11,732
operate a vehicle during any time that the offender's driver's or 11,733
commercial driver's license or permit is suspended or revoked 11,734
under any other provision of law. 11,735
(2) The offender may present the ignition interlock order 11,737
to the registrar or to a deputy registrar. Upon presentation of 11,738
the order to the registrar or a deputy registrar, the registrar 11,739
or deputy registrar shall issue the offender a restricted 11,740
license. A restricted license issued under this division shall 11,741
be identical to an Ohio driver's license, except that it shall 11,742
have printed on its face a statement that the offender is 11,743
prohibited during the period specified in the court order from 11,744
operating any motor vehicle that is not equipped with a certified 11,745
ignition interlock device, and except that the date of 11,746
commencement and the date of termination of the period shall be 11,747
indicated conspicuously upon the face of the license. 11,748
(3) As used in this section: 11,750
(a) "Ignition interlock device" has the same meaning as in 11,752
section 4511.83 of the Revised Code. 11,753
(b) "Certified ignition interlock device" means an 11,755
ignition interlock device that is certified pursuant to section 11,756
4511.83 of the Revised Code. 11,757
Sec. 4507.162. (A) Except as provided in division (C) of 11,766
271
this section, the registrar of motor vehicles shall suspend the 11,767
probationary driver's license, restricted license, or temporary 11,769
instruction permit issued to any person when the person has been 11,771
convicted of, pleaded guilty to, or been adjudicated in juvenile 11,772
court of having committed, prior to the person's eighteenth
birthday, any of the following: 11,773
(1) Three separate violations of section 2903.06, 2903.07, 11,776
2903.08, 2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.192, 11,777
4511.20, 4511.201, 4511.202, 4511.21, 4511.22, 4511.23, 4511.25 11,778
to 4511.48, 4511.57 to 4511.65, 4511.75, 4549.02, 4549.021, or 11,779
4549.03 of the Revised Code, section 2903.04 of the Revised Code 11,781
in a case in which the person would have been subject to the 11,783
sanctions described in division (D) of that section had the 11,784
person been convicted of the violation of that section, FORMER 11,786
SECTION 2903.07 OF THE REVISED CODE, or any municipal ordinances 11,787
similarly relating to the offenses referred to in those sections; 11,789
(2) One violation of section 4511.19 of the Revised Code 11,791
or a substantially similar municipal ordinance; 11,792
(3) Two separate violations of any of the Revised Code 11,796
sections referred to in division (A)(1) of this section, or any 11,798
municipal ordinance that is substantially similar to any of those 11,799
sections.
Any person whose license or permit is suspended under 11,801
division (A)(1), (2), or (3) of this section shall mail or 11,803
deliver the person's probationary driver's license, restricted 11,805
license, or temporary instruction permit to the registrar within 11,806
fourteen days of notification of the suspension. The registrar 11,807
shall retain the license or permit during the period of the 11,808
suspension. A suspension pursuant to division (A)(1) of this 11,809
section shall remain in effect until one year has elapsed since 11,810
the date of suspension of the probationary driver's license, 11,811
restricted license, or temporary instruction permit, a suspension 11,813
pursuant to division (A)(2) of this section shall remain in 11,815
effect until six months have elapsed since the date of the 11,816
272
suspension, and a suspension pursuant to division (A)(3) of this 11,818
section shall remain in effect until ninety days have elapsed 11,819
since the date of the suspension. If the person's probationary 11,821
driver's license, restricted license, or temporary instruction 11,823
permit is under suspension on the date the court imposes sentence 11,825
upon the person for a violation described in division (A)(2) of 11,826
this section, the suspension shall take effect on the next day 11,827
immediately following the end of that period of suspension. If 11,828
the person is sixteen years of age or older and pleads guilty to 11,829
or is convicted of a violation described in division (A)(2) of 11,830
this section and the person does not have a current, valid 11,832
probationary driver's license, restricted license, or temporary 11,833
instruction permit, the registrar shall deny the issuance to the 11,834
person of a probationary driver's license, restricted license, 11,835
driver's license, commercial driver's license, or temporary 11,837
instruction permit, as the case may be, for six months beginning 11,838
on the date the court imposes sentence upon the person for the 11,839
violation. If the person has not attained the age of sixteen 11,840
years on the date the court imposes sentence upon the person for 11,842
the violation, the period of denial shall commence on the date 11,843
the person attains the age of sixteen years. 11,844
(B) The registrar also shall suspend the temporary 11,846
instruction permit or probationary driver's license of any person 11,847
under the age of eighteen who has been adjudicated unruly, 11,848
delinquent, or a juvenile traffic offender for having committed 11,849
any act that if committed by an adult would be a drug abuse 11,850
offense as defined in section 2925.01 of the Revised Code, or a 11,851
violation of division (B) of section 2917.11 of the Revised Code 11,852
until the person reaches the age of eighteen years or attends, at 11,853
the discretion of the court, and satisfactorily completes a drug 11,854
abuse or alcohol abuse education, intervention, or treatment 11,855
program specified by the court. Any person whose temporary 11,856
instruction permit or probationary driver's license is suspended 11,857
under this division shall mail or deliver the person's permit or 11,859
273
license to the registrar within fourteen days of notification of 11,860
the suspension. The registrar shall retain the permit or license 11,861
during the period of the suspension. 11,863
(C) If (1) A PERSON IS NOT ENTITLED TO REQUEST, AND A 11,866
COURT SHALL NOT GRANT TO THE PERSON, OCCUPATIONAL DRIVING 11,867
PRIVILEGES UNDER DIVISION (C) OF THIS SECTION IF a person is 11,869
convicted of, pleads guilty to, or is adjudicated in juvenile 11,870
court of having committed a third violation of section 4511.12, 11,871
4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to 11,873
4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or 11,874
any similar municipal ordinances, and the person, within the 11,875
preceding seven years, has been convicted of, pleaded guilty to, 11,876
or adjudicated in juvenile court of having committed three or 11,877
more violations of division ONE OR MORE OF THE FOLLOWING: 11,878
(a) DIVISION (A) or (B) of section 4511.19 of the Revised 11,881
Code, a;
(b) A municipal ordinance relating to operating a vehicle 11,884
while under the influence of alcohol, a drug of abuse, or alcohol 11,885
and a drug of abuse, a;
(c) A municipal ordinance relating to operating a vehicle 11,888
with a prohibited concentration of alcohol in the blood, breath, 11,889
or urine, section;
(d) SECTION 2903.04 of the Revised Code in a case in which 11,892
the person was subject to the sanctions described in division (D) 11,893
of that section, or;
(e) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 11,896
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 11,897
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 11,898
(f) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 11,902
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 11,904
2903.07 of the Revised Code, or a municipal ordinance that is 11,906
substantially similar to section 2903.07 of the Revised Code ANY 11,907
OF THOSE DIVISIONS OR THAT FORMER SECTION, in a case in which the 11,908
jury or judge found that the person was under the influence of 11,909
274
alcohol, a drug of abuse, or alcohol and a drug of abuse, the 11,910
person is not entitled to request, and the court shall not grant 11,911
to the person, occupational driving privileges under this 11,912
division. For.
(2) FOR any other person who IS NOT DESCRIBED IN DIVISION 11,914
(C)(1) OF THIS SECTION AND WHO is convicted of, pleads guilty to, 11,916
or is adjudicated in juvenile court of having committed a third 11,917
violation of section 4511.12, 4511.13, 4511.15, 4511.20 to 11,919
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 11,920
4511.75 of the Revised Code or any similar municipal ordinances, 11,921
the court in which the third conviction, finding, plea, or 11,922
adjudication was made, upon petition of the person, may grant the 11,923
person occupational driving privileges if the court finds that 11,924
the person will reach the person's eighteenth birthday before the 11,926
period of suspension required to be imposed under division (A)(1) 11,927
of this section expires and further finds reasonable cause to 11,928
believe that the suspension, if continued beyond the person's 11,929
eighteenth birthday, will seriously affect the person's ability 11,930
to continue in employment. The occupational driving privileges 11,932
granted under this division shall be effective on the person's 11,933
eighteenth birthday and during the period following such birthday 11,934
for which the suspension otherwise would be imposed. A court 11,936
shall not grant occupational driving privileges to any person 11,937
who, within seven years of the filing of the petition, has been 11,938
convicted of, pleaded guilty to, or adjudicated in juvenile court 11,939
of having committed three or more violations of division (A) or 11,940
(B) of section 4511.19 of the Revised Code, a municipal ordinance 11,941
relating to operating a vehicle while under the influence of 11,942
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 11,943
municipal ordinance relating to operating a vehicle with a 11,944
prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the 11,945
person was subject to the sanctions described in division (D) of 11,946
that section, or section 2903.06, 2903.07, or 2903.08 of the 11,947
275
Revised Code or a municipal ordinance that is substantially 11,948
similar to section 2903.07 of the Revised Code in a case in which 11,949
the jury or judge found that the person was under the influence 11,950
of alcohol, a drug of abuse, or alcohol and a drug of abuse. In 11,951
granting occupational driving privileges, the court shall specify 11,952
the times and places at which the person may drive and may impose 11,953
any other conditions upon the person's use of a motor vehicle 11,954
that the court considers reasonable and necessary. 11,955
A court that grants occupational driving privileges to a 11,957
person under this division shall retain the person's probationary 11,958
driver's license, restricted license, or temporary instruction 11,960
permit during the period the license or permit is suspended and 11,961
also during the period for which occupational driving privileges 11,962
are granted, and shall deliver to the person a permit card, in a 11,963
form to be prescribed by the court, setting forth the date on 11,964
which the occupational driving privileges will become effective, 11,965
the times and places at which the person may drive, and any other 11,966
conditions imposed upon the person's use of a motor vehicle. 11,967
The court immediately shall notify the registrar, in 11,969
writing, of a grant of occupational driving privileges. The 11,970
notification shall specify the date on which the occupational 11,971
driving privileges will become effective, the times and places at 11,972
which the person may drive, and any other conditions imposed upon 11,973
the person's use of a motor vehicle. The registrar shall not 11,974
suspend the probationary driver's license, restricted license, or 11,976
temporary instruction permit of any person pursuant to division 11,977
(A) of this section during any period for which the person has 11,978
been granted occupational driving privileges as provided in this 11,979
division, if the registrar has received the notification 11,980
described in this division from the court. 11,981
(D) If a person who has been granted occupational driving 11,983
privileges under division (C) of this section is convicted of, 11,984
pleads guilty to, or is adjudicated in juvenile court of having 11,985
committed, a violation of section 4507.02 of the Revised Code, or 11,986
276
a fourth or subsequent violation of any of the other sections of 11,988
the Revised Code listed in division (A)(1) of this section or any 11,989
similar municipal ordinance during the period for which the 11,990
person was granted occupational driving privileges, the court 11,992
that granted the occupational driving privileges shall revoke 11,993
them and cancel the person's permit card. The court or the clerk 11,994
of the court immediately shall forward the person's probationary 11,995
driver's license, restricted license, or temporary instruction 11,997
permit together with written notification of the court's action 11,998
to the registrar. Upon receipt of the license or permit and 11,999
notification, the registrar shall suspend the person's 12,000
probationary driver's license, restricted license, or temporary 12,001
instruction permit for a period of one year. The registrar shall 12,002
retain the license or permit during the period of suspension, and 12,003
no further occupational driving privileges shall be granted 12,004
during that period.
(E) No application for a driver's or commercial driver's 12,006
license shall be received from any person whose probationary 12,007
driver's license, restricted license, or temporary instruction 12,009
permit has been suspended under this section until each of the 12,011
following has occurred:
(1) The suspension period has expired; 12,013
(2) A temporary instruction permit or commercial driver's 12,016
license temporary instruction permit has been issued; 12,017
(3) The person successfully completes a juvenile driver 12,019
improvement program approved by the registrar under division (F) 12,021
of this section;
(4) The applicant has submitted to the examination for a 12,025
driver's license as provided for in section 4507.11 or a 12,026
commercial driver's license as provided in Chapter 4506. of the 12,027
Revised Code.
(F) The registrar shall establish standards for juvenile 12,029
driver improvement programs and shall approve any such programs 12,030
that meet the established standards. The standards established 12,031
277
by the registrar shall require a minimum of five hours of 12,032
classroom instruction, with at least three hours devoted to 12,033
driver skill requirements and two hours devoted to juvenile
driver information related to the driving records of drivers 12,034
under the age of eighteen, driver perceptions, and the value of 12,035
the traffic laws. The standards also shall require a person 12,036
whose probationary driver's license was suspended under this 12,037
section to undertake and pass, as successful completion of an 12,038
approved juvenile driver improvement program, the driver's
license examination that a person who holds a temporary 12,039
instruction permit is required to undertake and pass in order to 12,040
be issued a probationary driver's license. The person shall pay 12,041
the applicable fee that is required to accompany an application 12,043
for a driver's license as prescribed in division (E) of section 12,044
4507.23 of the Revised Code. The registrar shall prescribe the 12,048
requirements for the curriculum to be provided as well as other 12,049
program directives. Only those programs approved by the
registrar shall be acceptable for reinstatement of the driving 12,050
privileges of a person whose probationary driver's license was 12,051
suspended under this section.
Sec. 4507.164. (A) Except as provided in divisions (C) to 12,060
(E) of this section, when the license of any person is suspended 12,061
or revoked pursuant to any provision of the Revised Code other 12,062
than division (B) of section 4507.16 of the Revised Code, the 12,063
trial judge may impound the identification license plates of any 12,064
motor vehicle registered in the name of the person. 12,065
(B)(1) When the license of any person is suspended or 12,067
revoked pursuant to division (B)(1) of section 4507.16 of the 12,068
Revised Code, the trial judge of the court of record or the mayor 12,069
of the mayor's court that suspended or revoked the license may 12,070
impound the identification license plates of any motor vehicle 12,071
registered in the name of the person. 12,072
(2) When the license of any person is suspended or revoked 12,074
pursuant to division (B)(2) or (3) of section 4507.16 of the 12,075
278
Revised Code, the trial judge of the court of record that 12,076
suspended or revoked the license shall order the impoundment of 12,077
the identification license plates of the motor vehicle the 12,078
offender was operating at the time of the offense and the 12,079
immobilization of that vehicle in accordance with section 12,080
4503.233 and division (A)(2) or (3) of section 4511.99 or 12,081
division (B)(2)(a) or (b)(i) OR (ii) of section 4511.193 of the 12,083
Revised Code and may impound the identification license plates of 12,084
any other motor vehicle registered in the name of the person 12,085
whose license is suspended or revoked. 12,086
(3) When the license of any person is suspended or revoked 12,088
pursuant to division (B)(4) of section 4507.16 of the Revised 12,089
Code, the trial judge of the court of record that suspended or 12,090
revoked the license shall order the criminal forfeiture to the 12,091
state of the motor vehicle the offender was operating at the time 12,092
of the offense in accordance with section 4503.234 and division 12,093
(A)(4) of section 4511.99 or division (B)(2)(c)(b)(iii) of 12,094
section 4511.193 of the Revised Code and may impound the 12,095
identification license plates of any other motor vehicle 12,096
registered in the name of the person whose license is suspended 12,097
or revoked.
(C)(1) When a person is convicted of or pleads guilty to a 12,099
violation of division (D)(2) of section 4507.02 of the Revised 12,100
Code or a substantially equivalent municipal ordinance and 12,101
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 12,102
(2) of section 4507.36 of the Revised Code applies, the trial 12,103
judge of the court of record or the mayor of the mayor's court 12,104
that imposes sentence shall order the immobilization of the 12,105
vehicle the person was operating at the time of the offense and 12,106
the impoundment of its identification license plates in 12,107
accordance with section 4503.233 and division (B)(1) or (2) of 12,108
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 12,109
the Revised Code and may impound the identification license 12,110
plates of any other vehicle registered in the name of that 12,111
279
person. 12,112
(2) When a person is convicted of or pleads guilty to a 12,114
violation of division (D)(2) of section 4507.02 of the Revised 12,115
Code or a substantially equivalent municipal ordinance and 12,116
division (B)(3) of section 4507.99 or division (C)(3) of section 12,117
4507.361 of the Revised Code applies, the trial judge of the 12,118
court of record that imposes sentence shall order the criminal 12,119
forfeiture to the state of the vehicle the person was operating 12,120
at the time of the offense in accordance with section 4503.234 12,121
and division (B)(3) of section 4507.99 or division (C)(3) of 12,122
section 4507.361 of the Revised Code and may impound the 12,123
identification license plates of any other vehicle registered in 12,124
the name of that person. 12,125
(D)(1) When a person is convicted of or pleads guilty to a 12,127
violation of division (B)(1) of section 4507.02 of the Revised 12,128
Code or a substantially equivalent municipal ordinance and 12,129
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 12,130
(2) of section 4507.361 of the Revised Code applies, the trial 12,131
judge of the court of record or the mayor of the mayor's court 12,132
that imposes sentence shall order the immobilization of the 12,133
vehicle the person was operating at the time of the offense and 12,134
the impoundment of its identification license plates in 12,135
accordance with section 4503.233 and division (C)(1) or (2) of 12,136
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 12,137
the Revised Code and may impound the identification license 12,138
plates of any other vehicle registered in the name of that 12,139
person. 12,140
(2) When a person is convicted of or pleads guilty to a 12,142
violation of division (B)(1) of section 4507.02 of the Revised 12,143
Code or a substantially equivalent municipal ordinance and 12,144
division (C)(3) of section 4507.99 or division (B)(3) of section 12,145
4507.361 of the Revised Code applies, the trial judge of the 12,146
court of RECORD that imposes sentence shall order the criminal 12,147
forfeiture to the state of the vehicle the person was operating 12,148
280
at the time of the offense in accordance with section 4503.234 12,149
and division (C)(3) of section 4507.99 or division (B)(3) of 12,150
section 4507.361 of the Revised Code and may impound the 12,151
identification license plates of any other vehicle registered in 12,152
the name of that person. 12,153
(E)(1) When a person is convicted of or pleads guilty to a 12,155
violation of section 4507.33 of the Revised Code and the person 12,156
is sentenced pursuant to division (E)(1) of section 4507.99 of 12,157
the Revised Code, the trial judge of the court of record or the 12,158
mayor of the mayor's court that imposes sentence shall order the 12,159
immobilization of the vehicle that was involved in the commission 12,160
of the offense and the impoundment of its identification license 12,161
plates in accordance with division (E)(1) of section 4507.99 and 12,162
section 4503.233 of the Revised Code and may impound the 12,163
identification license plates of any other vehicle registered in 12,164
the name of that person. 12,165
(2) When a person is convicted of or pleads guilty to a 12,167
violation of section 4507.33 of the Revised Code and the person 12,168
is sentenced pursuant to division (E)(2) of section 4507.99 of 12,169
the Revised Code, the trial judge of the court of record or the 12,170
mayor of the mayor's court that imposes sentence shall order the 12,171
criminal forfeiture to the state of the vehicle that was involved 12,172
in the commission of the offense in accordance with division 12,173
(E)(2) of section 4507.99 and section 4503.234 of the Revised 12,174
Code and may impound the identification license plates of any 12,175
other vehicle registered in the name of that person. 12,176
(F) Except as provided in section 4503.233 or 4503.234 of 12,178
the Revised Code, when the certificate of registration, the 12,179
identification license plates, or both have been impounded, 12,180
division (F) of section 4507.02 of the Revised Code is 12,181
applicable. 12,182
Sec. 4507.169. (A) The registrar of motor vehicles shall 12,191
suspend for the period of time specified in this division the 12,193
driver's or commercial driver's license or permit of, or deny for 12,194
281
such period of time the issuance of a driver's or commercial 12,196
driver's license or permit to, any person who is a resident of 12,197
this state and is convicted of or pleads guilty to a violation of 12,198
a statute of any other state or any federal statute that is 12,199
substantially similar to section 2925.02, 2925.03, 2925.04, 12,200
2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 12,201
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised 12,202
Code. Upon receipt of a report from a court, court clerk, or 12,203
other official of any other state or from any federal authority 12,204
that a resident of this state was convicted of or pleaded guilty 12,205
to an offense described in this division, the registrar shall 12,207
send a notice by regular first class mail to the person, at the 12,208
person's last known address as shown in the records of the bureau 12,209
of motor vehicles, informing the person of the suspension or 12,210
denial, that the suspension or denial will take effect twenty-one 12,212
days from the date of the notice, and that, if the person wishes 12,213
to appeal the suspension or denial, the person must file a notice 12,215
of appeal within twenty-one days of the date of the notice 12,216
requesting a hearing on the matter. If the person requests a 12,217
hearing, the registrar shall hold the hearing not more than forty 12,219
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 12,221
suspension or denial that must be imposed pursuant to this 12,222
division. The scope of the hearing shall be limited to whether 12,223
the person actually was convicted of or pleaded guilty to the 12,225
offense for which the suspension or denial is to be imposed. 12,226
The period of suspension or denial the registrar is 12,228
required to impose under this division shall end either on the 12,229
last day of any period of suspension of the person's nonresident 12,230
operating privilege imposed by the state or federal court located 12,231
in the other state, or the date six months and twenty-one days 12,232
from the date of the notice sent by the registrar to the person 12,233
under this division, whichever is earlier.
The registrar shall subscribe to or otherwise participate 12,235
282
in any information system or register, or enter into reciprocal 12,236
and mutual agreements with other states and federal authorities, 12,237
in order to facilitate the exchange of information with other 12,238
states and the United States government regarding persons who 12,239
plead guilty to or are convicted of offenses described in this 12,240
division and therefore are subject to the suspension or denial 12,241
described in this division. 12,242
(B) The registrar shall suspend for the period of time 12,244
specified in this division the driver's or commercial driver's 12,245
license or permit of, or deny for such period of time the 12,246
issuance of a driver's or commercial driver's license or permit 12,248
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 12,250
state or a municipal ordinance of a municipal corporation located 12,251
in any other state that is substantially similar to section 12,252
4511.19 of the Revised Code. Upon receipt of a report from 12,253
another state made pursuant to section 4507.60 of the Revised 12,254
Code indicating that a resident of this state was convicted of or 12,256
pleaded guilty to an offense described in this division, the
registrar shall send a notice by regular first class mail to the 12,258
person, at the person's last known address as shown in the 12,259
records of the bureau of motor vehicles, informing the person of 12,260
the suspension or denial, that the suspension or denial will take 12,261
effect twenty-one days from the date of the notice, and that, if 12,262
the person wishes to appeal the suspension or denial, the person 12,263
must file a notice of appeal within twenty-one days of the date 12,264
of the notice requesting a hearing on the matter. If the person 12,265
requests a hearing, the registrar shall hold the hearing not more 12,266
than forty days after receipt by the registrar of the notice of 12,268
appeal. The filing of a notice of appeal does not stay the
operation of the suspension or denial that must be imposed 12,269
pursuant to this division. The scope of the hearing shall be 12,270
limited to whether the person actually was convicted of or 12,271
pleaded guilty to the offense for which the suspension or denial 12,272
283
is to be imposed. 12,273
The period of suspension or denial the registrar is 12,275
required to impose under this division shall end either on the 12,276
last day of any period of suspension of the person's nonresident 12,277
operating privilege imposed by the state or federal court located 12,278
in the other state, or the date six months and twenty-one days 12,279
from the date of the notice sent by the registrar to the person 12,280
under this division, whichever is earlier.
(C) The registrar shall suspend for the period of time 12,282
specified in this division the driver's or commercial driver's 12,283
license or permit of, or deny for such period of time the 12,284
issuance of a driver's or commercial driver's license or permit 12,286
to, any child who is a resident of this state and is convicted of 12,287
or pleads guilty to a violation of a statute of any other state 12,289
or any federal statute that is substantially similar to section 12,290
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 12,291
2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 12,292
2925.37 of the Revised Code. Upon receipt of a report from a 12,293
court, court clerk, or other official of any other state or from 12,294
any federal authority that a child who is a resident of this 12,295
state was convicted of or pleaded guilty to an offense described 12,296
in this division, the registrar shall send a notice by regular 12,297
first class mail to the child, at the child's last known address 12,298
as shown in the records of the bureau of motor vehicles, 12,299
informing the child of the suspension or denial, that the 12,300
suspension or denial will take effect twenty-one days from the 12,301
date of the notice, and that, if the child wishes to appeal the 12,302
suspension or denial, the child must file a notice of appeal
within twenty-one days of the date of the notice requesting a 12,303
hearing on the matter. If the child requests a hearing, the 12,304
registrar shall hold the hearing not more than forty days after 12,306
receipt by the registrar of the notice of appeal. The filing of 12,307
a notice of appeal does not stay the operation of the suspension 12,308
or denial that must be imposed pursuant to this division. The 12,309
284
scope of the hearing shall be limited to whether the child 12,310
actually was convicted of or pleaded guilty to the offense for 12,311
which the suspension or denial is to be imposed. 12,312
The period of suspension the registrar is required to 12,314
impose under this division shall end either on the last day of 12,315
any period of suspension of the child's nonresident operating 12,316
privilege imposed by the state or federal court located in the 12,317
other state, or the date six months and twenty-one days from the 12,318
date of the notice sent by the registrar to the child under this
division, whichever is earlier. If the child is a resident of 12,319
this state who is sixteen years of age or older and does not have 12,321
a current, valid Ohio driver's or commercial driver's license or 12,322
permit, the notice shall inform the child that the child will be 12,323
denied issuance of a driver's or commercial driver's license or 12,324
permit for six months beginning on the date of the notice. If 12,325
the child has not attained the age of sixteen years on the date 12,326
of the notice, the notice shall inform the child that the period 12,327
of denial of six months shall commence on the date the child 12,328
attains the age of sixteen years.
The registrar shall subscribe to or otherwise participate 12,330
in any information system or register, or enter into reciprocal 12,331
and mutual agreements with other states and federal authorities, 12,332
in order to facilitate the exchange of information with other 12,333
states and the United States government regarding children who 12,334
are residents of this state and plead guilty to or are convicted 12,335
of offenses described in this division and therefore are subject 12,336
to the suspension or denial described in this division. 12,337
(D) The registrar shall suspend for the period of time 12,339
specified in this division the driver's or commercial driver's 12,340
license or permit of, or deny for such period of time the 12,341
issuance of a driver's or commercial driver's license or permit 12,343
to, any child who is a resident of this state and is convicted of 12,344
or pleads guilty to a violation of a statute of any other state 12,346
or a municipal ordinance of a municipal corporation located in 12,347
285
any other state that is substantially similar to section 4511.19 12,348
of the Revised Code. Upon receipt of a report from another state 12,349
made pursuant to section 4507.60 of the Revised Code indicating 12,350
that a child who is a resident of this state was convicted of or 12,351
pleaded guilty to an offense described in this division, the 12,352
registrar shall send a notice by regular first class mail to the 12,353
child, at the child's last known address as shown in the records 12,354
of the bureau of motor vehicles, informing the child of the 12,355
suspension or denial, that the suspension or denial will take 12,356
effect twenty-one days from the date of the notice, and that, if 12,358
the child wishes to appeal the suspension or denial, the child 12,360
must file a notice of appeal within twenty-one days of the date 12,362
of the notice requesting a hearing on the matter. If the child 12,363
requests a hearing, the registrar shall hold the hearing not more 12,364
than forty days after receipt by the registrar of the notice of 12,366
appeal. The filing of a notice of appeal does not stay the 12,367
operation of the suspension or denial that must be imposed 12,368
pursuant to this division. The scope of the hearing shall be 12,369
limited to whether the child actually was convicted of or pleaded 12,370
guilty to the offense for which the suspension or denial is to be 12,372
imposed.
The period of suspension the registrar is required to 12,374
impose under this division shall end either on the last day of 12,375
any period of suspension of the child's nonresident operating 12,376
privilege imposed by the state or federal court located in the 12,377
other state, or the date six months and twenty-one days from the 12,378
date of the notice sent by the registrar to the child under this
division, whichever is earlier. If the child is a resident of 12,379
this state who is sixteen years of age or older and does not have 12,381
a current, valid Ohio driver's or commercial driver's license or 12,382
permit, the notice shall inform the child that the child will be 12,383
denied issuance of a driver's or commercial driver's license or 12,384
permit for six months beginning on the date of the notice. If 12,385
the child has not attained the age of sixteen years on the date 12,386
286
of the notice, the notice shall inform the child that the period 12,387
of denial of six months shall commence on the date the child 12,388
attains the age of sixteen years.
(E) Any person whose license or permit has been suspended 12,390
pursuant to division (B) or (D) of this section may file a 12,391
petition in the municipal or county court, or in case the person 12,392
is under eighteen years of age, the juvenile court, in whose 12,393
jurisdiction the person resides, agreeing to pay the cost of the 12,395
proceedings and alleging that the suspension would seriously 12,396
affect the person's ability to continue the person's employment. 12,397
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability 12,398
to continue the person's employment, the judge may grant the 12,399
person occupational driving privileges during the period during 12,400
which the suspension otherwise would be imposed, except that the 12,401
judge shall not grant occupational driving privileges for 12,402
employment as a driver of a commercial motor vehicle to any 12,403
person who would be disqualified from operating a commercial 12,405
motor vehicle under section 4506.16 of the Revised Code if the 12,407
violation had occurred in this state, or during any of the 12,408
following periods of time:
(1) If THE FIRST FIFTEEN DAYS OF THE SUSPENSION, IF the 12,411
person has not been convicted within five years of the date of 12,412
the offense giving rise to the suspension under this section of a 12,413
violation of section ANY OF THE FOLLOWING:
(a) SECTION 4511.19 of the Revised Code, of a municipal 12,415
ordinance relating to operating a vehicle WHILE under the 12,416
influence of alcohol, a drug of abuse, or alcohol and a drug of 12,417
abuse, of a;
(b) A municipal ordinance relating to operating a motor 12,420
vehicle with a prohibited concentration of alcohol in the blood, 12,421
breath, or urine, of section; 12,422
(c) SECTION 2903.04 of the Revised Code in a case in which 12,424
the person was subject to the sanctions described in division (D) 12,425
287
of that section, or of; 12,426
(d) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 12,429
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 12,430
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 12,431
(e) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 12,435
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 12,436
2903.07 of the Revised Code, or a municipal ordinance that is 12,438
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 12,439
section 2903.07 of the Revised Code, in a case in which the jury 12,441
or judge found that the person was under the influence of 12,442
alcohol, a drug of abuse, or alcohol and a drug of abuse, the 12,443
first fifteen days of the suspension. 12,444
(2) If THE FIRST THIRTY DAYS OF THE SUSPENSION, IF the 12,446
person has been convicted only one time within five years of the 12,448
date of the offense giving rise to the suspension under this 12,449
section of a ANY violation of section 4511.19 of the Revised 12,451
Code, of a municipal ordinance relating to operating a vehicle
under the influence of alcohol, a drug of abuse, or alcohol and a 12,453
drug of abuse, of a municipal ordinance relating to operating a 12,454
motor vehicle with a prohibited concentration of alcohol in the 12,455
blood, breath, or urine, of section 2903.04 of the Revised Code 12,456
in a case in which the person was subject to the sanctions 12,457
described in division (D) of that section, or of section 2903.06, 12,458
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 12,459
that is substantially similar to section 2903.07 of the Revised 12,460
Code in a case in which the jury or judge found that the person 12,462
was under the influence of alcohol, a drug of abuse, or alcohol 12,463
and a drug of abuse, the first thirty days of the suspension 12,464
IDENTIFIED IN DIVISION (E)(1) OF THIS SECTION. 12,466
(3) If THE FIRST ONE HUNDRED EIGHTY DAYS OF THE 12,468
SUSPENSION, IF the person has been convicted two times within 12,469
five years of the date of the offense giving rise to the 12,470
suspension under this section of a ANY violation of section 12,471
4511.19 of the Revised Code, of a municipal ordinance relating to 12,473
288
operating a vehicle under the influence of alcohol, a drug of 12,474
abuse, or alcohol and a drug of abuse, of a municipal ordinance 12,475
relating to operating a motor vehicle with a prohibited 12,476
concentration of alcohol in the blood, breath, or urine, of 12,477
section 2903.04 of the Revised Code in a case in which the person 12,478
was subject to the sanctions described in division (D) of that 12,479
section, or of section 2903.06, 2903.07, or 2903.08 of the 12,480
Revised Code or a municipal ordinance that is substantially 12,481
similar to section 2903.07 of the Revised Code in a case in which 12,482
the jury or judge found that the person was under the influence 12,483
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 12,484
first one hundred eighty days of the suspension IDENTIFIED IN 12,485
DIVISION (E)(1) OF THIS SECTION. 12,486
(4) If NO OCCUPATIONAL DRIVING PRIVILEGES MAY BE GRANTED 12,488
IF the person has been convicted three or more times within five 12,490
years of the date of the offense giving rise to the suspension 12,491
under this section of a ANY violation of section 4511.19 of the 12,493
Revised Code, of a municipal ordinance relating to operating a
vehicle under the influence of alcohol, a drug of abuse, or 12,494
alcohol and a drug of abuse, of a municipal ordinance relating to 12,495
operating a motor vehicle with a prohibited concentration of 12,496
alcohol in the blood, breath, or urine, of section 2903.04 of the 12,497
Revised Code in a case in which the person was subject to the 12,498
sanctions described in division (D) of that section, or of 12,499
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 12,500
municipal ordinance that is substantially similar to section 12,501
2903.07 of the Revised Code in a case in which the jury or judge 12,503
found that the person was under the influence of alcohol, a drug 12,504
of abuse, or alcohol and a drug of abuse, no occupational driving 12,505
privileges may be granted IDENTIFIED IN DIVISION (E)(1) OF THIS 12,507
SECTION.
If a person petitions for occupational driving privileges 12,509
under division (E) of this section, the registrar shall be 12,511
represented by the county prosecutor of the county in which the 12,512
289
person resides if the petition is filed in a juvenile court or 12,513
county court, except that if the person resides within a city or 12,514
village that is located within the jurisdiction of the county in 12,515
which the petition is filed, the city director of law or village 12,516
solicitor of that city or village shall represent the registrar. 12,517
If the petition is filed in a municipal court, the registrar 12,518
shall be represented as provided in section 1901.34 of the 12,519
Revised Code.
In granting occupational driving privileges under division 12,521
(E) of this section, the court may impose any condition it 12,523
considers reasonable and necessary to limit the use of a vehicle 12,524
by the person. The court shall deliver to the person a permit 12,525
card, in a form to be prescribed by the court, setting forth the 12,526
time, place, and other conditions limiting the person's use of a 12,527
motor vehicle. The grant of occupational driving privileges 12,528
shall be conditioned upon the person's having the permit in the 12,529
person's possession at all times during which the person is 12,530
operating a vehicle. 12,531
A person granted occupational driving privileges who 12,533
operates a vehicle for other than occupational purposes, in 12,534
violation of any condition imposed by the court or without having 12,535
the permit in the person's possession, is guilty of a violation 12,536
of division (D)(1) of section 4507.02 of the Revised Code. 12,537
(F) As used in divisions (C) and (D) of this section: 12,539
(1) "Child" means a person who is under the age of 12,541
eighteen years, except that any person who violates a statute or 12,542
ordinance described in division (C) or (D) of this section prior 12,543
to attaining eighteen years of age shall be deemed a "child" 12,544
irrespective of the person's age at the time the complaint or 12,546
other equivalent document is filed in the other state or a 12,547
hearing, trial, or other proceeding is held in the other state on 12,548
the complaint or other equivalent document, and irrespective of 12,549
the person's age when the period of license suspension or denial 12,551
prescribed in division (C) or (D) of this section is imposed. 12,552
290
(2) "Is convicted of or pleads guilty to" means, as it 12,554
relates to a child who is a resident of this state, that in a 12,555
proceeding conducted in a state or federal court located in 12,556
another state for a violation of a statute or ordinance described 12,557
in division (C) or (D) of this section, the result of the 12,558
proceeding is any of the following: 12,559
(a) Under the laws that govern the proceedings of the 12,561
court, the child is adjudicated to be or admits to being a 12,562
delinquent child or a juvenile traffic offender for a violation 12,564
described in division (C) or (D) of this section that would be a 12,565
crime if committed by an adult; 12,566
(b) Under the laws that govern the proceedings of the 12,568
court, the child is convicted of or pleads guilty to a violation 12,569
described in division (C) or (D) of this section; 12,570
(c) Under the laws that govern the proceedings of the 12,572
court, irrespective of the terminology utilized in those laws, 12,573
the result of the court's proceedings is the functional 12,575
equivalent of division (F)(2)(a) or (b) of this section. 12,576
Sec. 4507.1613. THE COURT IMPOSING A SENTENCE UPON AN 12,578
OFFENDER FOR ANY VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY 12,579
EQUIVALENT TO A VIOLATION OF SECTION 2903.06 OF THE REVISED CODE 12,580
ALSO SHALL IMPOSE A SUSPENSION OF THE OFFENDER'S DRIVER'S 12,582
LICENSE, COMMERCIAL DRIVER'S LICENSE, TEMPORARY INSTRUCTION 12,583
PERMIT, PROBATIONARY LICENSE, OR NONRESIDENT OPERATING PRIVILEGE
THAT IS EQUIVALENT IN LENGTH TO THE SUSPENSION REQUIRED FOR A 12,585
VIOLATION OF SECTION 2903.06 OF THE REVISED CODE UNDER SIMILAR 12,586
CIRCUMSTANCES.
Sec. 4511.191. (A) Any person who operates a vehicle upon 12,595
a highway or any public or private property used by the public 12,596
for vehicular travel or parking within this state shall be deemed 12,597
to have given consent to a chemical test or tests of the person's 12,599
blood, breath, or urine for the purpose of determining the 12,600
alcohol, drug, or alcohol and drug content of the person's blood, 12,601
breath, or urine if arrested for operating a vehicle while under 12,603
291
the influence of alcohol, a drug of abuse, or alcohol and a drug 12,604
of abuse or for operating a vehicle with a prohibited 12,605
concentration of alcohol in the blood, breath, or urine. The 12,606
chemical test or tests shall be administered at the request of a 12,607
police officer having reasonable grounds to believe the person to 12,608
have been operating a vehicle upon a highway or any public or 12,609
private property used by the public for vehicular travel or 12,610
parking in this state while under the influence of alcohol, a 12,611
drug of abuse, or alcohol and a drug of abuse or with a 12,612
prohibited concentration of alcohol in the blood, breath, or 12,613
urine. The law enforcement agency by which the officer is 12,614
employed shall designate which of the tests shall be
administered. 12,615
(B) Any person who is dead or unconscious, or who is 12,617
otherwise in a condition rendering the person incapable of 12,618
refusal, shall be deemed not to have withdrawn consent as 12,620
provided by division (A) of this section and the test or tests 12,621
may be administered, subject to sections 313.12 to 313.16 of the 12,622
Revised Code. 12,623
(C)(1) Any person under arrest for operating a vehicle 12,625
while under the influence of alcohol, a drug of abuse, or alcohol 12,626
and a drug of abuse or for operating a vehicle with a prohibited 12,627
concentration of alcohol in the blood, breath, or urine shall be 12,628
advised at a police station, or at a hospital, first-aid station, 12,629
or clinic to which the person has been taken for first-aid or 12,630
medical treatment, of both of the following: 12,631
(a) The consequences, as specified in division (E) of this 12,633
section, of the person's refusal to submit upon request to a 12,634
chemical test designated by the law enforcement agency as 12,636
provided in division (A) of this section; 12,637
(b) The consequences, as specified in division (F) of this 12,639
section, of the person's submission to the designated chemical 12,641
test if the person is found to have a prohibited concentration of 12,642
alcohol in the blood, breath, or urine. 12,643
292
(2)(a) The advice given pursuant to division (C)(1) of 12,645
this section shall be in a written form containing the 12,646
information described in division (C)(2)(b) of this section and 12,647
shall be read to the person. The form shall contain a statement 12,648
that the form was shown to the person under arrest and read to 12,649
the person in the presence of the arresting officer and either 12,651
another police officer, a civilian police employee, or an 12,652
employee of a hospital, first-aid station, or clinic, if any, to 12,653
which the person has been taken for first-aid or medical 12,654
treatment. The witnesses shall certify to this fact by signing 12,655
the form.
(b) The form required by division (C)(2)(a) of this 12,657
section shall read as follows: 12,658
"You now are under arrest for operating a vehicle while 12,660
under the influence of alcohol, a drug of abuse, or both alcohol 12,661
and a drug of abuse and will be requested by a police officer to 12,662
submit to a chemical test to determine the concentration of 12,663
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 12,664
blood, breath, or urine. 12,665
If you refuse to submit to the requested test or if you 12,667
submit to the requested test and are found to have a prohibited 12,668
concentration of alcohol in your blood, breath, or urine, your 12,669
driver's or commercial driver's license or permit or nonresident 12,670
operating privilege immediately will be suspended for the period 12,671
of time specified by law by the officer, on behalf of the 12,672
registrar of motor vehicles. You may appeal this suspension at 12,673
your initial appearance before the court that hears the charges 12,674
against you resulting from the arrest, and your initial 12,675
appearance will be conducted no later than five days after the 12,676
arrest. This suspension is independent of the penalties for the 12,677
offense, and you may be subject to other penalties upon 12,678
conviction." 12,679
(D)(1) If a person under arrest as described in division 12,681
(C)(1) of this section is not asked by a police officer to submit 12,682
293
to a chemical test designated as provided in division (A) of this 12,683
section, the arresting officer shall seize the Ohio or 12,684
out-of-state driver's or commercial driver's license or permit of 12,685
the person and immediately forward the seized license or permit 12,686
to the court in which the arrested person is to appear on the 12,687
charge for which the person was arrested. If the arrested person 12,688
does not have the person's driver's or commercial driver's 12,689
license or permit on the person's self or in the person's 12,690
vehicle, the arresting officer shall order the arrested person to 12,692
surrender it to the law enforcement agency that employs the 12,694
officer within twenty-four hours after the arrest, and, upon the 12,695
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 12,697
person is to appear on the charge for which the person was 12,698
arrested. Upon receipt of the license or permit, the court shall 12,700
retain it pending the initial appearance of the arrested person 12,701
and any action taken under section 4511.196 of the Revised Code. 12,702
If a person under arrest as described in division (C)(1) of 12,704
this section is asked by a police officer to submit to a chemical 12,705
test designated as provided in division (A) of this section and 12,706
is advised of the consequences of the person's refusal or 12,707
submission as provided in division (C) of this section and if the 12,708
person either refuses to submit to the designated chemical test 12,709
or the person submits to the designated chemical test and the 12,710
test results indicate that the person's blood contained a 12,711
concentration of ten-hundredths of one per cent or more by weight 12,712
of alcohol, the person's breath contained a concentration of 12,713
ten-hundredths of one gram or more by weight of alcohol per two 12,714
hundred ten liters of the person's breath, or the person's urine 12,715
contained a concentration of fourteen-hundredths of one gram or 12,717
more by weight of alcohol per one hundred milliliters of the 12,718
person's urine at the time of the alleged offense, the arresting 12,720
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 12,722
294
suspension upon the person that advises the person that, 12,723
independent of any penalties or sanctions imposed upon the person 12,725
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 12,727
license or permit or nonresident operating privilege is 12,728
suspended, that the suspension takes effect immediately, that the 12,729
suspension will last at least until the person's initial 12,730
appearance on the charge that will be held within five days after 12,732
the date of the person's arrest or the issuance of a citation to 12,734
the person, and that the person may appeal the suspension at the 12,736
initial appearance; seize the Ohio or out-of-state driver's or 12,737
commercial driver's license or permit of the person; and 12,738
immediately forward the seized license or permit to the 12,739
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 12,740
self or in the person's vehicle, the arresting officer shall 12,742
order the person to surrender it to the law enforcement agency 12,743
that employs the officer within twenty-four hours after the 12,744
service of the notice of suspension, and, upon the surrender, the 12,745
officer's employing agency immediately shall forward the license 12,746
or permit to the registrar. 12,747
(b) Verify the current residence of the person and, if it 12,749
differs from that on the person's driver's or commercial driver's 12,750
license or permit, notify the registrar of the change; 12,751
(c) In addition to forwarding the arrested person's 12,753
driver's or commercial driver's license or permit to the 12,754
registrar, send to the registrar, within forty-eight hours after 12,755
the arrest of the person, a sworn report that includes all of the 12,756
following statements: 12,757
(i) That the officer had reasonable grounds to believe 12,759
that, at the time of the arrest, the arrested person was 12,760
operating a vehicle upon a highway or public or private property 12,761
used by the public for vehicular travel or parking within this 12,762
state while under the influence of alcohol, a drug of abuse, or 12,763
295
alcohol and a drug of abuse or with a prohibited concentration of 12,764
alcohol in the blood, breath, or urine; 12,765
(ii) That the person was arrested and charged with 12,767
operating a vehicle while under the influence of alcohol, a drug 12,768
of abuse, or alcohol and a drug of abuse or with operating a 12,769
vehicle with a prohibited concentration of alcohol in the blood, 12,770
breath, or urine; 12,771
(iii) That the officer asked the person to take the 12,773
designated chemical test, advised the person of the consequences 12,774
of submitting to the chemical test or refusing to take the 12,775
chemical test, and gave the person the form described in division 12,776
(C)(2) of this section; 12,777
(iv) That the person refused to submit to the chemical 12,779
test or that the person submitted to the chemical test and the 12,780
test results indicate that the person's blood contained a 12,781
concentration of ten-hundredths of one per cent or more by weight 12,783
of alcohol, the person's breath contained a concentration of 12,784
ten-hundredths of one gram or more by weight of alcohol per two 12,785
hundred ten liters of the person's breath, or the person's urine 12,786
contained a concentration of fourteen-hundredths of one gram or 12,788
more by weight of alcohol per one hundred milliliters of the 12,789
person's urine at the time of the alleged offense; 12,791
(v) That the officer served a notice of suspension upon 12,793
the person as described in division (D)(1)(a) of this section. 12,794
(2) The sworn report of an arresting officer completed 12,796
under division (D)(1)(c) of this section shall be given by the 12,797
officer to the arrested person at the time of the arrest or sent 12,798
to the person by regular first class mail by the registrar as 12,799
soon thereafter as possible, but no later than fourteen days 12,800
after receipt of the report. An arresting officer may give an 12,801
unsworn report to the arrested person at the time of the arrest 12,802
provided the report is complete when given to the arrested person 12,803
and subsequently is sworn to by the arresting officer. As soon 12,804
as possible, but no later than forty-eight hours after the arrest 12,805
296
of the person, the arresting officer shall send a copy of the 12,806
sworn report to the court in which the arrested person is to 12,807
appear on the charge for which the person was arrested. 12,808
(3) The sworn report of an arresting officer completed and 12,810
sent to the registrar and the court under divisions (D)(1)(c) and 12,811
(D)(2) of this section is prima-facie proof of the information 12,812
and statements that it contains and shall be admitted and 12,813
considered as prima-facie proof of the information and statements 12,814
that it contains in any appeal under division (H) of this section 12,815
relative to any suspension of a person's driver's or commercial 12,816
driver's license or permit or nonresident operating privilege 12,817
that results from the arrest covered by the report. 12,818
(E)(1) Upon receipt of the sworn report of an arresting 12,820
officer completed and sent to the registrar and a court pursuant 12,821
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 12,822
person who refused to take the designated chemical test, the 12,823
registrar shall enter into the registrar's records the fact that 12,825
the person's driver's or commercial driver's license or permit or 12,826
nonresident operating privilege was suspended by the arresting 12,827
officer under division (D)(1)(a) of this section and the period 12,828
of the suspension, as determined under divisions (E)(1)(a) to (d) 12,829
of this section. The suspension shall be subject to appeal as 12,830
provided in this section and shall be for whichever of the 12,831
following periods applies: 12,832
(a) If the arrested person, within five years of the date 12,834
on which the person refused the request to consent to the 12,835
chemical test, had not refused a previous request to consent to a 12,837
chemical test of the person's blood, breath, or urine to 12,838
determine its alcohol content, the period of suspension shall be 12,840
one year. If the person is a resident without a license or 12,841
permit to operate a vehicle within this state, the registrar 12,842
shall deny to the person the issuance of a driver's or commercial 12,843
driver's license or permit for a period of one year after the 12,844
date of the alleged violation.
297
(b) If the arrested person, within five years of the date 12,846
on which the person refused the request to consent to the 12,847
chemical test, had refused one previous request to consent to a 12,849
chemical test of the person's blood, breath, or urine to 12,850
determine its alcohol content, the period of suspension or denial 12,852
shall be two years.
(c) If the arrested person, within five years of the date 12,854
on which the person refused the request to consent to the 12,855
chemical test, had refused two previous requests to consent to a 12,857
chemical test of the person's blood, breath, or urine to 12,858
determine its alcohol content, the period of suspension or denial 12,860
shall be three years.
(d) If the arrested person, within five years of the date 12,862
on which the person refused the request to consent to the 12,863
chemical test, had refused three or more previous requests to 12,865
consent to a chemical test of the person's blood, breath, or 12,866
urine to determine its alcohol content, the period of suspension 12,868
or denial shall be five years. 12,869
(2) The suspension or denial imposed under division (E)(1) 12,871
of this section shall continue for the entire one-year, two-year, 12,872
three-year, or five-year period, subject to appeal as provided in 12,873
this section and subject to termination as provided in division 12,874
(K) of this section. 12,875
(F) Upon receipt of the sworn report of an arresting 12,877
officer completed and sent to the registrar and a court pursuant 12,878
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 12,879
person whose test results indicate that the person's blood 12,880
contained a concentration of ten-hundredths of one per cent or 12,882
more by weight of alcohol, the person's breath contained a 12,883
concentration of ten-hundredths of one gram or more by weight of 12,884
alcohol per two hundred ten liters of the person's breath, or the 12,886
person's urine contained a concentration of fourteen-hundredths 12,887
of one gram or more by weight of alcohol per one hundred 12,888
milliliters of the person's urine at the time of the alleged 12,889
298
offense, the registrar shall enter into the registrar's records 12,890
the fact that the person's driver's or commercial driver's 12,892
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 12,893
this section and the period of the suspension, as determined 12,894
under divisions (F)(1) to (4) of this section. The suspension 12,895
shall be subject to appeal as provided in this section and shall 12,896
be for whichever of the following periods that applies: 12,897
(1) Except when division (F)(2), (3), or (4) of this 12,899
section applies and specifies a different period of suspension or 12,900
denial, the period of the suspension or denial shall be ninety 12,901
days.
(2) If THE PERIOD OF SUSPENSION OR DENIAL SHALL BE ONE 12,903
YEAR IF the person has been convicted, within six years of the 12,905
date the test was conducted, of one A violation of division ONE 12,907
OF THE FOLLOWING:
(a) DIVISION (A) or (B) of section 4511.19 of the Revised 12,909
Code, a; 12,910
(b) A municipal ordinance relating to operating a vehicle 12,912
while under the influence of alcohol, a drug of abuse, or alcohol 12,914
and a drug of abuse, a; 12,915
(c) A municipal ordinance relating to operating a vehicle 12,917
with a prohibited concentration of alcohol in the blood, breath, 12,918
or urine, section; 12,919
(d) SECTION 2903.04 of the Revised Code in a case in which 12,922
the offender was subject to the sanctions described in division 12,923
(D) of that section, or; 12,924
(e) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 12,927
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 12,928
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 12,929
(f) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 12,932
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 12,933
2903.07 of the Revised Code, or a municipal ordinance that is 12,934
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 12,935
299
section 2903.07 of the Revised Code, in a case in which the jury 12,937
or judge found that at the time of the commission of the offense 12,938
the offender was under the influence of alcohol, a drug of abuse, 12,939
or alcohol and a drug of abuse, or a;
(g) A statute of the United States or of any other state 12,942
or a municipal ordinance of a municipal corporation located in 12,943
any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, the period of the 12,944
suspension or denial shall be one year. 12,945
(3) If the person has been convicted, within six years of 12,947
the date the test was conducted, of two violations of a statute 12,948
or ordinance described in division (F)(2) of this section, the 12,950
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 12,952
the date the test was conducted, of more than two violations of a 12,953
statute or ordinance described in division (F)(2) of this 12,954
section, the period of the suspension or denial shall be three 12,955
years. 12,956
(G)(1) A suspension of a person's driver's or commercial 12,958
driver's license or permit or nonresident operating privilege 12,959
under division (D)(1)(a) of this section for the period of time 12,960
described in division (E) or (F) of this section is effective 12,961
immediately from the time at which the arresting officer serves 12,962
the notice of suspension upon the arrested person. Any 12,963
subsequent finding that the person is not guilty of the charge 12,964
that resulted in the person being requested to take, or in the 12,966
person taking, the chemical test or tests under division (A) of 12,967
this section affects the suspension only as described in division 12,968
(H)(2) of this section. 12,969
(2) If a person is arrested for operating a vehicle while 12,971
under the influence of alcohol, a drug of abuse, or alcohol and a 12,972
drug of abuse or for operating a vehicle with a prohibited 12,973
concentration of alcohol in the blood, breath, or urine and 12,974
regardless of whether the person's driver's or commercial 12,975
300
driver's license or permit or nonresident operating privilege is 12,976
or is not suspended under division (E) or (F) of this section, 12,977
the person's initial appearance on the charge resulting from the 12,978
arrest shall be held within five days of the person's arrest or 12,979
the issuance of the citation to the person, subject to any 12,980
continuance granted by the court pursuant to division (H)(1) of 12,982
this section regarding the issues specified in that division. 12,983
(H)(1) If a person is arrested for operating a vehicle 12,985
while under the influence of alcohol, a drug of abuse, or alcohol 12,986
and a drug of abuse or for operating a vehicle with a prohibited 12,987
concentration of alcohol in the blood, breath, or urine and if 12,988
the person's driver's or commercial driver's license or permit or 12,989
nonresident operating privilege is suspended under division (E) 12,990
or (F) of this section, the person may appeal the suspension at 12,991
the person's initial appearance on the charge resulting from the 12,994
arrest in the court in which the person will appear on that 12,995
charge. If the person appeals the suspension at the person's 12,996
initial appearance, the appeal does not stay the operation of the 12,997
suspension. Subject to division (H)(2) of this section, no court 12,998
has jurisdiction to grant a stay of a suspension imposed under 12,999
division (E) or (F) of this section, and any order issued by any 13,000
court that purports to grant a stay of any suspension imposed 13,001
under either of those divisions shall not be given administrative 13,002
effect.
If the person appeals the suspension at the person's 13,004
initial appearance, either the person or the registrar may 13,005
request a continuance of the appeal. Either the person or the 13,007
registrar shall make the request for a continuance of the appeal 13,008
at the same time as the making of the appeal. If either the 13,009
person or the registrar requests a continuance of the appeal, the 13,010
court may grant the continuance. The court also may continue the 13,011
appeal on its own motion. The granting of a continuance applies 13,012
only to the conduct of the appeal of the suspension and does not 13,013
extend the time within which the initial appearance must be 13,014
301
conducted, and the court shall proceed with all other aspects of 13,015
the initial appearance in accordance with its normal procedures. 13,016
Neither the request for nor the granting of a continuance stays 13,017
the operation of the suspension that is the subject of the 13,018
appeal.
If the person appeals the suspension at the person's 13,020
initial appearance, the scope of the appeal is limited to 13,021
determining whether one or more of the following conditions have 13,022
not been met: 13,023
(a) Whether the law enforcement officer had reasonable 13,025
ground to believe the arrested person was operating a vehicle 13,026
upon a highway or public or private property used by the public 13,027
for vehicular travel or parking within this state while under the 13,028
influence of alcohol, a drug of abuse, or alcohol and a drug of 13,029
abuse or with a prohibited concentration of alcohol in the blood, 13,030
breath, or urine and whether the arrested person was in fact 13,031
placed under arrest; 13,032
(b) Whether the law enforcement officer requested the 13,034
arrested person to submit to the chemical test designated 13,035
pursuant to division (A) of this section; 13,036
(c) Whether the arresting officer informed the arrested 13,038
person of the consequences of refusing to be tested or of 13,039
submitting to the test; 13,040
(d) Whichever of the following is applicable: 13,042
(i) Whether the arrested person refused to submit to the 13,044
chemical test requested by the officer; 13,045
(ii) Whether the chemical test results indicate that the 13,047
arrested person's blood contained a concentration of 13,048
ten-hundredths of one per cent or more by weight of alcohol, the 13,050
person's breath contained a concentration of ten-hundredths of 13,052
one gram or more by weight of alcohol per two hundred ten liters 13,053
of the person's breath, or the person's urine contained a 13,054
concentration of fourteen-hundredths of one gram or more by 13,056
weight of alcohol per one hundred milliliters of the person's 13,057
302
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 13,059
appearance, the judge or referee of the court or the mayor of the 13,060
mayor's court shall determine whether one or more of the 13,061
conditions specified in divisions (H)(1)(a) to (d) of this 13,062
section have not been met. The person who appeals the suspension 13,063
has the burden of proving, by a preponderance of the evidence, 13,064
that one or more of the specified conditions has not been met. 13,065
If during the appeal at the initial appearance the judge or 13,066
referee of the court or the mayor of the mayor's court determines 13,067
that all of those conditions have been met, the judge, referee, 13,068
or mayor shall uphold the suspension, shall continue the 13,069
suspension, and shall notify the registrar of the decision on a 13,070
form approved by the registrar. Except as otherwise provided in 13,071
division (H)(2) of this section, if the suspension is upheld or 13,072
if the person does not appeal the suspension at the person's 13,073
initial appearance under division (H)(1) of this section, the 13,074
suspension shall continue until the complaint alleging the 13,075
violation for which the person was arrested and in relation to 13,076
which the suspension was imposed is adjudicated on the merits by 13,077
the judge or referee of the trial court or by the mayor of the 13,078
mayor's court. If the suspension was imposed under division (E) 13,079
of this section and it is continued under this division, any 13,080
subsequent finding that the person is not guilty of the charge 13,081
that resulted in the person being requested to take the chemical 13,082
test or tests under division (A) of this section does not 13,083
terminate or otherwise affect the suspension. If the suspension 13,084
was imposed under division (F) of this section and it is 13,085
continued under this division, the suspension shall terminate if, 13,086
for any reason, the person subsequently is found not guilty of 13,087
the charge that resulted in the person taking the chemical test 13,088
or tests under division (A) of this section. 13,089
If, during the appeal at the initial appearance, the judge 13,091
or referee of the trial court or the mayor of the mayor's court 13,092
303
determines that one or more of the conditions specified in 13,093
divisions (H)(1)(a) to (d) of this section have not been met, the 13,094
judge, referee, or mayor shall terminate the suspension, subject 13,095
to the imposition of a new suspension under division (B) of 13,096
section 4511.196 of the Revised Code; shall notify the registrar 13,097
of the decision on a form approved by the registrar; and, except 13,098
as provided in division (B) of section 4511.196 of the Revised 13,100
Code, shall order the registrar to return the driver's or 13,101
commercial driver's license or permit to the person or to take 13,102
such measures as may be necessary, if the license or permit was 13,103
destroyed under section 4507.55 of the Revised Code, to permit 13,104
the person to obtain a replacement driver's or commercial 13,105
driver's license or permit from the registrar or a deputy 13,106
registrar in accordance with that section. The court also shall 13,107
issue to the person a court order, valid for not more than ten 13,108
days from the date of issuance, granting the person operating 13,109
privileges for that period of time.
If the person appeals the suspension at the initial 13,111
appearance, the registrar shall be represented by the prosecuting 13,112
attorney of the county in which the arrest occurred if the 13,113
initial appearance is conducted in a juvenile court or county 13,114
court, except that if the arrest occurred within a city or 13,115
village within the jurisdiction of the county court in which the 13,116
appeal is conducted, the city director of law or village 13,117
solicitor of that city or village shall represent the registrar. 13,118
If the appeal is conducted in a municipal court, the registrar 13,119
shall be represented as provided in section 1901.34 of the 13,120
Revised Code. If the appeal is conducted in a mayor's court, the 13,121
registrar shall be represented by the city director of law, 13,122
village solicitor, or other chief legal officer of the municipal 13,123
corporation that operates that mayor's court. 13,124
(I)(1) If (a) A PERSON IS NOT ENTITLED TO REQUEST, AND A 13,127
COURT SHALL NOT GRANT TO THE PERSON, OCCUPATIONAL DRIVING 13,128
PRIVILEGES UNDER DIVISION (I)(1) OF THIS SECTION IF a person's 13,130
304
driver's or commercial driver's license or permit or nonresident 13,131
operating privilege has been suspended pursuant to division (E) 13,132
of this section, and the person, within the preceding seven 13,133
years, has refused three previous requests to consent to a 13,134
chemical test of the person's blood, breath, or urine to 13,135
determine its alcohol content or has been convicted of or pleaded 13,136
guilty to three or more violations of division ONE OR MORE OF THE 13,137
FOLLOWING:
(i) DIVISION (A) or (B) of section 4511.19 of the Revised 13,139
Code, a; 13,140
(ii) A municipal ordinance relating to operating a vehicle 13,143
while under the influence of alcohol, a drug of abuse, or alcohol 13,144
and a drug of abuse, a; 13,145
(iii) A municipal ordinance relating to operating a 13,147
vehicle with a prohibited concentration of alcohol in the blood, 13,148
breath, or urine, section; 13,149
(iv) SECTION 2903.04 of the Revised Code in a case in 13,151
which the person was subject to the sanctions described in 13,152
division (D) of that section, or; 13,153
(v) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 13,156
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 13,157
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 13,158
(vi) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 13,161
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 13,162
2903.07 of the Revised Code, or a municipal ordinance that is 13,163
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 13,164
section 2903.07 of the Revised Code, in a case in which the jury 13,166
or judge found that the person was under the influence of 13,167
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a; 13,168
(vii) A statute of the United States or of any other state 13,171
or a municipal ordinance of a municipal corporation located in 13,172
any other state that is substantially similar to division (A) or 13,173
(B) of section 4511.19 of the Revised Code, the person is not 13,174
entitled to request, and the court shall not grant to the person, 13,175
305
occupational driving privileges under this division. Any 13,176
(b) ANY other person WHO IS NOT DESCRIBED IN DIVISION 13,179
(I)(1)(a) OF THIS SECTION AND whose driver's or commercial 13,180
driver's license or nonresident operating privilege has been 13,181
suspended pursuant to division (E) of this section may file a 13,182
petition requesting occupational driving privileges in the common 13,183
pleas court, municipal court, county court, mayor's court, or, if 13,184
the person is a minor, juvenile court with jurisdiction over the 13,186
related criminal or delinquency case. The petition may be filed 13,187
at any time subsequent to the date on which the notice of 13,188
suspension is served upon the arrested person. The person shall 13,189
pay the costs of the proceeding, notify the registrar of the 13,190
filing of the petition, and send the registrar a copy of the 13,191
petition.
In the proceedings, the registrar shall be represented by 13,193
the prosecuting attorney of the county in which the arrest 13,194
occurred if the petition is filed in the juvenile court, county 13,195
court, or common pleas court, except that, if the arrest occurred 13,196
within a city or village within the jurisdiction of the county 13,198
court in which the petition is filed, the city director of law or 13,199
village solicitor of that city or village shall represent the 13,200
registrar. If the petition is filed in the municipal court, the 13,201
registrar shall be represented as provided in section 1901.34 of 13,202
the Revised Code. If the petition is filed in a mayor's court, 13,203
the registrar shall be represented by the city director of law, 13,204
village solicitor, or other chief legal officer of the municipal 13,205
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 13,207
suspension would seriously affect the person's ability to 13,208
continue in the person's employment, may grant the person 13,209
occupational driving privileges during the period of suspension 13,211
imposed pursuant to division (E) of this section, subject to the 13,212
limitations contained in this division and division (I)(2) of 13,213
this section. The court may grant the occupational driving 13,214
306
privileges, subject to the limitations contained in this division 13,215
and division (I)(2) of this section, regardless of whether the 13,216
person appeals the suspension at the person's initial appearance 13,218
under division (H)(1) of this section or appeals the decision of 13,219
the court made pursuant to the appeal conducted at the initial 13,220
appearance, and, if the person has appealed the suspension or 13,221
decision, regardless of whether the matter at issue has been 13,222
heard or decided by the court. The court shall not grant 13,223
occupational driving privileges to any person who, within seven 13,224
years of the filing of the petition, has refused three previous 13,225
requests to consent to a chemical test of the person's blood, 13,227
breath, or urine to determine its alcohol content or has been 13,228
convicted of or pleaded guilty to three or more violations of 13,229
division (A) or (B) of section 4511.19 of the Revised Code, a 13,230
municipal ordinance relating to operating a vehicle while under 13,231
the influence of alcohol, a drug of abuse, or alcohol and a drug 13,232
of abuse, a municipal ordinance relating to operating a vehicle 13,233
with a prohibited concentration of alcohol in the blood, breath, 13,234
or urine, section 2903.04 of the Revised Code in a case in which 13,235
the person was subject to the sanctions described in division (D) 13,236
of that section, or section 2903.06, 2903.07, or 2903.08 of the 13,237
Revised Code or a municipal ordinance that is substantially 13,238
similar to section 2903.07 of the Revised Code in a case in which 13,239
the jury or judge found that the person was under the influence 13,240
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 13,241
statute of the United States or of any other state or a municipal 13,242
ordinance of a municipal corporation located in any other state 13,243
that is substantially similar to division (A) or (B) of section 13,244
4511.19 of the Revised Code, and shall not grant occupational 13,245
driving privileges for employment as a driver of commercial motor 13,246
vehicles to any person who is disqualified from operating a 13,247
commercial motor vehicle under section 2301.374 or 4506.16 of the 13,248
Revised Code.
(2)(a) In granting occupational driving privileges under 13,250
307
division (I)(1) of this section, the court may impose any 13,251
condition it considers reasonable and necessary to limit the use 13,252
of a vehicle by the person. The court shall deliver to the 13,253
person a permit card, in a form to be prescribed by the court, 13,254
setting forth the time, place, and other conditions limiting the 13,255
defendant's use of a vehicle. The grant of occupational driving 13,256
privileges shall be conditioned upon the person's having the 13,257
permit in the person's possession at all times during which the 13,259
person is operating a vehicle. 13,260
A person granted occupational driving privileges who 13,262
operates a vehicle for other than occupational purposes, in 13,263
violation of any condition imposed by the court, or without 13,264
having the permit in the person's possession, is guilty of a 13,265
violation of section 4507.02 of the Revised Code. 13,267
(b) The court may not grant a person occupational driving 13,269
privileges under division (I)(1) of this section when prohibited 13,270
by a limitation contained in that division or during any of the 13,271
following periods of time: 13,272
(i) The first thirty days of suspension imposed upon a 13,274
person who, within five years of the date on which the person 13,275
refused the request to consent to a chemical test of the person's 13,277
blood, breath, or urine to determine its alcohol content and for 13,279
which refusal the suspension was imposed, had not refused a 13,280
previous request to consent to a chemical test of the person's 13,281
blood, breath, or urine to determine its alcohol content; 13,283
(ii) The first ninety days of suspension imposed upon a 13,285
person who, within five years of the date on which the person 13,286
refused the request to consent to a chemical test of the person's 13,288
blood, breath, or urine to determine its alcohol content and for 13,290
which refusal the suspension was imposed, had refused one 13,291
previous request to consent to a chemical test of the person's 13,292
blood, breath, or urine to determine its alcohol content; 13,294
(iii) The first year of suspension imposed upon a person 13,296
who, within five years of the date on which the person refused 13,298
308
the request to consent to a chemical test of the person's blood, 13,300
breath, or urine to determine its alcohol content and for which 13,301
refusal the suspension was imposed, had refused two previous 13,302
requests to consent to a chemical test of the person's blood, 13,303
breath, or urine to determine its alcohol content; 13,305
(iv) The first three years of suspension imposed upon a 13,307
person who, within five years of the date on which the person 13,308
refused the request to consent to a chemical test of the person's 13,310
blood, breath, or urine to determine its alcohol content and for 13,312
which refusal the suspension was imposed, had refused three or 13,313
more previous requests to consent to a chemical test of the 13,314
person's blood, breath, or urine to determine its alcohol 13,316
content.
(3) The court shall give information in writing of any 13,318
action taken under this section to the registrar. 13,319
(4) If a person's driver's or commercial driver's license 13,321
or permit or nonresident operating privilege has been suspended 13,322
pursuant to division (F) of this section, and the person, within 13,323
the preceding seven years, has been convicted of or pleaded 13,324
guilty to three or more violations of division (A) or (B) of 13,325
section 4511.19 of the Revised Code, a municipal ordinance 13,326
relating to operating a vehicle while under the influence of 13,327
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 13,328
municipal ordinance relating to operating a vehicle with a 13,329
prohibited concentration of alcohol in the blood, breath, or 13,330
urine, section 2903.04 of the Revised Code in a case in which the 13,331
person was subject to the sanctions described in division (D) of 13,332
that section, or section 2903.06, 2903.07, or 2903.08 of the 13,333
Revised Code or a municipal ordinance that is substantially 13,334
similar to section 2903.07 of the Revised Code in a case in which 13,335
the jury or judge found that the person was under the influence 13,336
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 13,337
statute of the United States or of any other state or a municipal 13,338
ordinance of a municipal corporation located in any other state 13,340
309
that is substantially similar to division (A) or (B) of section 13,341
4511.19 of the Revised Code, the person is not entitled to 13,342
request, and the court shall not grant to the person, 13,343
occupational driving privileges under this division. Any other 13,344
person whose driver's or commercial driver's license or 13,345
nonresident operating privilege has been suspended pursuant to 13,346
division (F) of this section may file in the court specified in 13,347
division (I)(1)(b) of this section a petition requesting 13,348
occupational driving privileges in accordance with section 13,349
4507.16 of the Revised Code. The petition may be filed at any 13,350
time subsequent to the date on which the arresting officer serves 13,351
the notice of suspension upon the arrested person. Upon the 13,352
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 13,353
The court may grant the occupational driving privileges, subject 13,354
to the limitations contained in section 4507.16 of the Revised 13,355
Code, regardless of whether the person appeals the suspension at 13,356
the person's initial appearance under division (H)(1) of this 13,358
section or appeals the decision of the court made pursuant to the 13,359
appeal conducted at the initial appearance, and, if the person 13,360
has appealed the suspension or decision, regardless of whether 13,361
the matter at issue has been heard or decided by the court. 13,362
(J) When it finally has been determined under the 13,364
procedures of this section that a nonresident's privilege to 13,365
operate a vehicle within this state has been suspended, the 13,366
registrar shall give information in writing of the action taken 13,367
to the motor vehicle administrator of the state of the person's 13,368
residence and of any state in which the person has a license. 13,369
(K) A suspension of the driver's or commercial driver's 13,371
license or permit of a resident, a suspension of the operating 13,372
privilege of a nonresident, or a denial of a driver's or 13,373
commercial driver's license or permit pursuant to division (E) or 13,375
(F) of this section shall be terminated by the registrar upon 13,377
receipt of notice of the person's entering a plea of guilty to, 13,378
310
or of the person's conviction of, operating a vehicle while under 13,380
the influence of alcohol, a drug of abuse, or alcohol and a drug 13,381
of abuse or with a prohibited concentration of alcohol in the 13,382
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 13,383
incident that led to the suspension or denial. 13,384
The registrar shall credit against any judicial suspension 13,386
of a person's driver's or commercial driver's license or permit 13,387
or nonresident operating privilege imposed pursuant to division 13,388
(B) or (E) of section 4507.16 of the Revised Code any time during 13,389
which the person serves a related suspension imposed pursuant to 13,390
division (E) or (F) of this section. 13,391
(L) At the end of a suspension period under this section, 13,393
section 4511.196, or division (B) of section 4507.16 of the 13,394
Revised Code and upon the request of the person whose driver's or 13,395
commercial driver's license or permit was suspended and who is 13,396
not otherwise subject to suspension, revocation, or 13,397
disqualification, the registrar shall return the driver's or 13,398
commercial driver's license or permit to the person upon the 13,399
person's compliance with all of the conditions specified in 13,401
divisions (L)(1) and (2) of this section: 13,402
(1) A showing by the person that the person has proof of 13,404
financial responsibility, a policy of liability insurance in 13,406
effect that meets the minimum standards set forth in section 13,407
4509.51 of the Revised Code, or proof, to the satisfaction of the 13,408
registrar, that the person is able to respond in damages in an 13,409
amount at least equal to the minimum amounts specified in section 13,410
4509.51 of the Revised Code. 13,411
(2) Subject to the limitation contained in division (L)(3) 13,414
of this section, payment by the person of a license reinstatement 13,415
fee of four hundred five dollars to the bureau of motor vehicles, 13,418
which fee shall be deposited in the state treasury and credited 13,419
as follows: 13,420
(a) One hundred twelve dollars and fifty cents shall be 13,423
311
credited to the statewide treatment and prevention fund created 13,424
by section 4301.30 of the Revised Code. The fund shall be used 13,426
to pay the costs of driver treatment and intervention programs 13,427
operated pursuant to sections 3793.02 and 3793.10 of the Revised 13,428
Code. The director of alcohol and drug addiction services shall 13,429
determine the share of the fund that is to be allocated to 13,430
alcohol and drug addiction programs authorized by section 3793.02 13,431
of the Revised Code, and the share of the fund that is to be 13,432
allocated to drivers' intervention programs authorized by section 13,433
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 13,435
reparations fund created by section 2743.191 of the Revised Code. 13,437
(c) Thirty-seven dollars and fifty cents shall be credited 13,440
to the indigent drivers alcohol treatment fund, which is hereby 13,441
established. Except as otherwise provided in division (L)(2)(c) 13,443
of this section, moneys in the fund shall be distributed by the 13,444
department of alcohol and drug addiction services to the county 13,445
indigent drivers alcohol treatment funds, the county juvenile 13,446
indigent drivers alcohol treatment funds, and the municipal 13,447
indigent drivers alcohol treatment funds that are required to be 13,448
established by counties and municipal corporations pursuant to 13,449
division (N) of this section, and shall be used only to pay the 13,450
cost of an alcohol and drug addiction treatment program attended 13,451
by an offender or juvenile traffic offender who is ordered to 13,452
attend an alcohol and drug addiction treatment program by a 13,453
county, juvenile, or municipal court judge and who is determined 13,454
by the county, juvenile, or municipal court judge not to have the 13,455
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 13,456
that division. Moneys in the fund that are not distributed to a 13,458
county indigent drivers alcohol treatment fund, a county juvenile 13,459
indigent drivers alcohol treatment fund, or a municipal indigent 13,460
drivers alcohol treatment fund under division (N) of this section 13,461
because the director of alcohol and drug addiction services does 13,462
312
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 13,463
arrested may be transferred by the director of budget and 13,464
management to the statewide treatment and prevention fund created 13,466
by section 4301.30 of the Revised Code, upon certification of the 13,467
amount by the director of alcohol and drug addiction services. 13,469
(d) Seventy-five dollars shall be credited to the Ohio 13,471
rehabilitation services commission established by section 3304.12 13,472
of the Revised Code, to the services for rehabilitation fund, 13,473
which is hereby established. The fund shall be used to match 13,474
available federal matching funds where appropriate, and for any 13,475
other purpose or program of the commission to rehabilitate people 13,476
with disabilities to help them become employed and independent. 13,477
(e) Seventy-five dollars shall be deposited into the state 13,480
treasury and credited to the drug abuse resistance education 13,481
programs fund, which is hereby established, to be used by the 13,482
attorney general for the purposes specified in division (L)(4) of 13,484
this section.
(f) Thirty dollars shall be credited to the state bureau 13,486
of motor vehicles fund created by section 4501.25 of the Revised 13,487
Code.
(3) If a person's driver's or commercial driver's license 13,489
or permit is suspended under division (E) or (F) of this section, 13,491
section 4511.196, or division (B) of section 4507.16 of the 13,492
Revised Code, or any combination of the suspensions described in 13,493
division (L)(3) of this section, and if the suspensions arise 13,494
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 13,495
required to pay to the bureau, only one reinstatement fee of four 13,496
hundred five dollars. The reinstatement fee shall be distributed 13,497
by the bureau in accordance with division (L)(2) of this section. 13,498
(4) The attorney general shall use amounts in the drug 13,500
abuse resistance education programs fund to award grants to law 13,501
enforcement agencies to establish and implement drug abuse 13,502
313
resistance education programs in public schools. Grants awarded 13,503
to a law enforcement agency under division (L)(2)(e) of this 13,504
section shall be used by the agency to pay for not more than 13,505
fifty per cent of the amount of the salaries of law enforcement 13,506
officers who conduct drug abuse resistance education programs in 13,507
public schools. The attorney general shall not use more than six 13,508
per cent of the amounts the attorney general's office receives 13,510
under division (L)(2)(e) of this section to pay the costs it 13,511
incurs in administering the grant program established by division 13,512
(L)(2)(e) of this section and in providing training and materials 13,513
relating to drug abuse resistance education programs. 13,514
The attorney general shall report to the governor and the 13,516
general assembly each fiscal year on the progress made in 13,517
establishing and implementing drug abuse resistance education 13,518
programs. These reports shall include an evaluation of the 13,519
effectiveness of these programs. 13,520
(M) Suspension of a commercial driver's license under 13,522
division (E) or (F) of this section shall be concurrent with any 13,523
period of disqualification under section 2301.374 or 4506.16 of 13,524
the Revised Code. No person who is disqualified for life from 13,525
holding a commercial driver's license under section 4506.16 of 13,526
the Revised Code shall be issued a driver's license under Chapter 13,527
4507. of the Revised Code during the period for which the 13,528
commercial driver's license was suspended under division (E) or 13,529
(F) of this section, and no person whose commercial driver's 13,530
license is suspended under division (E) or (F) of this section 13,531
shall be issued a driver's license under that chapter during the 13,532
period of the suspension. 13,533
(N)(1) Each county shall establish an indigent drivers 13,535
alcohol treatment fund, each county shall establish a juvenile 13,536
indigent drivers alcohol treatment fund, and each municipal 13,537
corporation in which there is a municipal court shall establish 13,538
an indigent drivers alcohol treatment fund. All revenue that the 13,539
general assembly appropriates to the indigent drivers alcohol 13,540
314
treatment fund for transfer to a county indigent drivers alcohol 13,541
treatment fund, a county juvenile indigent drivers alcohol 13,542
treatment fund, or a municipal indigent drivers alcohol treatment 13,543
fund, all portions of fees that are paid under division (L) of 13,544
this section and that are credited under that division to the 13,545
indigent drivers alcohol treatment fund in the state treasury for 13,546
a county indigent drivers alcohol treatment fund, a county 13,547
juvenile indigent drivers alcohol treatment fund, or a municipal 13,548
indigent drivers alcohol treatment fund, and all portions of 13,549
fines that are specified for deposit into a county or municipal 13,550
indigent drivers alcohol treatment fund by section 4511.193 of 13,551
the Revised Code shall be deposited into that county indigent 13,552
drivers alcohol treatment fund, county juvenile indigent drivers 13,553
alcohol treatment fund, or municipal indigent drivers alcohol 13,554
treatment fund in accordance with division (N)(2) of this 13,555
section. Additionally, all portions of fines that are paid for a 13,556
violation of section 4511.19 of the Revised Code or division 13,557
(B)(2) of section 4507.02 of the Revised Code, and that are 13,558
required under division (A)(1) or (2) of section 4511.99 or 13,559
division (B)(5) of section 4507.99 of the Revised Code to be 13,560
deposited into a county indigent drivers alcohol treatment fund 13,561
or municipal indigent drivers alcohol treatment fund shall be 13,562
deposited into the appropriate fund in accordance with the 13,563
applicable division. 13,564
(2) That portion of the license reinstatement fee that is 13,566
paid under division (L) of this section and that is credited 13,567
under that division to the indigent drivers alcohol treatment 13,568
fund shall be deposited into a county indigent drivers alcohol 13,569
treatment fund, a county juvenile indigent drivers alcohol 13,570
treatment fund, or a municipal indigent drivers alcohol treatment 13,571
fund as follows: 13,572
(a) If the suspension in question was imposed under this 13,574
section, that portion of the fee shall be deposited as follows: 13,575
(i) If the fee is paid by a person who was charged in a 13,577
315
county court with the violation that resulted in the suspension, 13,578
the portion shall be deposited into the county indigent drivers 13,579
alcohol treatment fund under the control of that court; 13,580
(ii) If the fee is paid by a person who was charged in a 13,582
juvenile court with the violation that resulted in the 13,583
suspension, the portion shall be deposited into the county 13,584
juvenile indigent drivers alcohol treatment fund established in 13,585
the county served by the court; 13,586
(iii) If the fee is paid by a person who was charged in a 13,588
municipal court with the violation that resulted in the 13,589
suspension, the portion shall be deposited into the municipal 13,590
indigent drivers alcohol treatment fund under the control of that 13,591
court. 13,592
(b) If the suspension in question was imposed under 13,594
division (B) of section 4507.16 of the Revised Code, that portion 13,595
of the fee shall be deposited as follows: 13,596
(i) If the fee is paid by a person whose license or permit 13,598
was suspended by a county court, the portion shall be deposited 13,599
into the county indigent drivers alcohol treatment fund under the 13,600
control of that court; 13,601
(ii) If the fee is paid by a person whose license or 13,603
permit was suspended by a municipal court, the portion shall be 13,604
deposited into the municipal indigent drivers alcohol treatment 13,605
fund under the control of that court. 13,606
(3) Expenditures from a county indigent drivers alcohol 13,608
treatment fund, a county juvenile indigent drivers alcohol 13,609
treatment fund, or a municipal indigent drivers alcohol treatment 13,610
fund shall be made only upon the order of a county, juvenile, or 13,611
municipal court judge and only for payment of the cost of the 13,612
attendance at an alcohol and drug addiction treatment program of 13,613
a person who is convicted of, or found to be a juvenile traffic 13,614
offender by reason of, a violation of division (A) of section 13,615
4511.19 of the Revised Code or a substantially similar municipal 13,616
ordinance, who is ordered by the court to attend the alcohol and 13,617
316
drug addiction treatment program, and who is determined by the 13,618
court to be unable to pay the cost of attendance at the treatment 13,620
program or for payment of the costs specified in division (N)(4) 13,621
of this section in accordance with that division. The alcohol 13,622
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 13,624
section 340.02 or 340.021 of the Revised Code and serving the 13,626
alcohol, drug addiction, and mental health service district in 13,627
which the court is located shall administer the indigent drivers 13,628
alcohol treatment program of the court. When a court orders an 13,629
offender or juvenile traffic offender to attend an alcohol and 13,630
drug addiction treatment program, the board shall determine which 13,631
program is suitable to meet the needs of the offender or juvenile 13,632
traffic offender, and when a suitable program is located and 13,633
space is available at the program, the offender or juvenile 13,634
traffic offender shall attend the program designated by the 13,635
board. A reasonable amount not to exceed five per cent of the 13,636
amounts credited to and deposited into the county indigent 13,637
drivers alcohol treatment fund, the county juvenile indigent 13,638
drivers alcohol treatment fund, or the municipal indigent drivers 13,639
alcohol treatment fund serving every court whose program is 13,640
administered by that board shall be paid to the board to cover 13,641
the costs it incurs in administering those indigent drivers 13,642
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 13,644
in consultation with the alcohol and drug addiction services 13,645
board or the board of alcohol, drug addiction, and mental health 13,646
services established pursuant to section 340.02 or 340.021 of the 13,647
Revised Code and serving the alcohol, drug addiction, and mental 13,649
health district in which the court is located, that the funds in 13,650
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 13,651
municipal indigent drivers alcohol treatment fund under the 13,652
control of the court are more than sufficient to satisfy the 13,653
317
purpose for which the fund was established, as specified in 13,654
divisions (N)(1) to (3) of this section, the court may declare a 13,655
surplus in the fund. If the court declares a surplus in the 13,656
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 13,657
who are charged in the court with committing a criminal offense 13,658
or with being a delinquent child or juvenile traffic offender and 13,659
in relation to whom both of the following apply: 13,660
(a) The court determines that substance abuse was a 13,662
contributing factor leading to the criminal or delinquent 13,663
activity or the juvenile traffic offense with which the person is 13,664
charged.
(b) The court determines that the person is unable to pay 13,667
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 13,668
Sec. 4511.193. (A) Twenty-five dollars of any fine 13,678
imposed for a violation of a municipal ordinance relating to 13,679
operating a vehicle while under the influence of alcohol, a drug 13,680
of abuse, or alcohol and a drug of abuse or relating to operating 13,681
a vehicle with a prohibited concentration of alcohol in the 13,682
blood, breath, or urine shall be deposited into the municipal or 13,683
county indigent drivers alcohol treatment fund created pursuant 13,684
to division (N) of section 4511.191 of the Revised Code in 13,685
accordance with this section and section 733.40, divisions (A) 13,686
and (B) of section 1901.024, division (F) of section 1901.31, or 13,687
division (C) of section 1907.20 of the Revised Code. Regardless 13,688
of whether the fine is imposed by a municipal court, a mayor's 13,689
court, or a juvenile court, if the fine was imposed for a 13,690
violation of an ordinance of a municipal corporation that is 13,691
within the jurisdiction of a municipal court, the twenty-five 13,692
dollars that is subject to this section shall be deposited into 13,693
the indigent drivers alcohol treatment fund of the municipal 13,694
corporation in which is located the municipal court that has 13,695
jurisdiction over that municipal corporation. Regardless of 13,696
318
whether the fine is imposed by a county court, a mayor's court, 13,697
or a juvenile court, if the fine was imposed for a violation of 13,698
an ordinance of a municipal corporation that is within the 13,699
jurisdiction of a county court, the twenty-five dollars that is 13,700
subject to this section shall be deposited into the indigent 13,701
drivers alcohol treatment fund of the county in which is located 13,702
the county court that has jurisdiction over that municipal 13,703
corporation. The deposit shall be made in accordance with 13,704
section 733.40, divisions (A) and (B) of section 1901.024, 13,705
division (F) of section 1901.31, or division (C) of section 13,706
1907.20 of the Revised Code. 13,707
(B)(1) The requirements and sanctions imposed by divisions 13,709
(B)(1) and (2) of this section are an adjunct to and derive from 13,710
the state's exclusive authority over the registration and titling 13,711
of motor vehicles and do not comprise a part of the criminal 13,712
sentence to be imposed upon a person who violates a municipal 13,713
ordinance relating to operating a vehicle while under the 13,714
influence of alcohol, a drug of abuse, or alcohol and a drug of 13,715
abuse or relating to operating a vehicle with a prohibited 13,716
concentration of alcohol in the blood, breath, or urine. 13,717
(2) If (a) THE COURT SHALL FOLLOW DIVISION (B)(2)(b) OF 13,720
THIS SECTION IF a person is convicted of or pleads guilty to a 13,721
municipal ordinance relating to operating a vehicle while under 13,722
the influence of alcohol, a drug of abuse, or alcohol and a drug 13,723
of abuse or relating to operating a vehicle with a prohibited 13,724
concentration of alcohol in the blood, breath, or urine and IF 13,725
THE CIRCUMSTANCES DESCRIBED IN DIVISION (B)(2)(b)(iii) OF THIS 13,727
SECTION APPLY OR if, within the period of time specified in 13,728
division (B)(2)(a), (b)(i), (ii), or (c)(iii) of this section, 13,730
the offender has been convicted of or pleaded guilty to any 13,731
violation of section THE FOLLOWING: 13,732
(i) SECTION 4511.19 of the Revised Code, a; 13,734
(ii) A municipal ordinance relating to operating a vehicle 13,737
while under the influence of alcohol, a drug of abuse, or alcohol 13,738
319
and a drug of abuse, a;
(iii) A municipal ordinance relating to operating a 13,741
vehicle with a prohibited concentration of alcohol in the blood, 13,742
breath, or urine, section;
(iv) SECTION 2903.04 of the Revised Code in a case in 13,745
which the offender was subject to the sanctions described in 13,746
division (D) of that section,;
(v) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 13,749
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 13,750
(vi) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 13,753
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 13,754
2903.07 of the Revised Code, or a municipal ordinance that is 13,756
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 13,757
section 2903.07 of the Revised Code, in a case in which the jury 13,758
or judge found that the offender was under the influence of 13,759
alcohol, a drug of abuse, or alcohol and a drug of abuse, a; 13,760
(vii) A statute of the United States or of any other state 13,763
or a municipal ordinance of a municipal corporation located in 13,764
any other state that is substantially similar to division (A) or 13,765
(B) of section 4511.19 of the Revised Code, or if the other. 13,766
(b) IF THE circumstances described in division 13,769
(B)(2)(c)(a) of this section apply, the court, in addition to and 13,770
independent of any sentence that it imposes upon the offender for 13,771
the offense, regardless of whether the vehicle the offender was 13,772
operating at the time of the offense is registered in the 13,773
offender's name or in the name of another person, and subject to 13,774
section 4503.235 of the Revised Code, shall do whichever of the 13,775
following is applicable: 13,776
(a)(i) Except as otherwise provided in division 13,779
(B)(2)(c)(b)(iii) of this section, if, within six years of the 13,780
current offense, the offender has been convicted of or pleaded 13,781
guilty to one violation described in division (B)(2)(a) of this 13,782
section, the court shall order the immobilization for ninety days 13,783
320
of the vehicle the offender was operating at the time of the 13,784
offense and the impoundment for ninety days of the license plates 13,785
of that vehicle. The order for the immobilization and 13,786
impoundment shall be issued and enforced in accordance with 13,787
section 4503.233 of the Revised Code. 13,788
(b)(ii) Except as otherwise provided in division 13,791
(B)(2)(c)(b)(iii) of this section, if, within six years of the 13,792
current offense, the offender has been convicted of or pleaded 13,793
guilty to two violations described in division (B)(2)(a) of this 13,794
section, the court shall order the immobilization for one hundred 13,795
eighty days of the vehicle the offender was operating at the time 13,796
of the offense and the impoundment for one hundred eighty days of 13,797
the license plates of that vehicle. The order for the 13,798
immobilization and impoundment shall be issued and enforced in 13,799
accordance with section 4503.233 of the Revised Code. 13,800
(c)(iii) If, within six years of the current offense, the 13,802
offender has been convicted of or pleaded guilty to three or more 13,803
violations described in division (B)(2)(a) of this section, or if 13,804
the offender previously has been convicted of or pleaded guilty 13,806
to a violation of division (A) of section 4511.19 of the Revised 13,807
Code under circumstances in which the violation was a felony and 13,808
regardless of when the violation and the conviction or guilty 13,809
plea occurred, the court shall order the criminal forfeiture to 13,810
the state of the vehicle the offender was operating at the time 13,811
of the offense. The order of criminal forfeiture shall be issued 13,812
and enforced in accordance with section 4503.234 of the Revised 13,813
Code.
Sec. 4511.195. (A) As used in this section: 13,822
(1) "Vehicle operator" means a person who is operating a 13,824
vehicle at the time it is seized under division (B) of this 13,825
section. 13,826
(2) "Vehicle owner" means either of the following: 13,828
(a) The person in whose name is registered, at the time of 13,831
the seizure, a vehicle that is seized under division (B) of this 13,832
321
section;
(b) A person to whom the certificate of title to a vehicle 13,834
that is seized under division (B) of this section has been 13,835
assigned and who has not obtained a certificate of title to the 13,836
vehicle in that person's name, but who is deemed by the court as 13,837
being the owner of the vehicle at the time the vehicle was seized 13,838
under division (B) of this section.
(3) "Municipal OMVI ordinance" means any municipal 13,840
ordinance prohibiting the operation of a vehicle while under the 13,841
influence of alcohol, a drug of abuse, or alcohol and a drug of 13,842
abuse or prohibiting the operation of a vehicle with a prohibited 13,843
concentration of alcohol in the blood, breath, or urine. 13,844
(4) "Interested party" includes the owner of a vehicle 13,847
seized under this section, all lienholders, the defendant, the 13,848
owner of the place of storage at which a vehicle seized under 13,849
this section is stored, and the person or entity that caused the 13,850
vehicle to be removed. 13,851
(B)(1) If a THE ARRESTING OFFICER OR ANOTHER OFFICER OF 13,854
THE LAW ENFORCEMENT AGENCY THAT EMPLOYS THE ARRESTING OFFICER, IN 13,855
ADDITION TO ANY ACTION THAT THE ARRESTING OFFICER IS REQUIRED OR 13,856
AUTHORIZED TO TAKE BY SECTION 4511.191 OF THE REVISED CODE OR BY 13,857
ANY OTHER PROVISION OF LAW, SHALL SEIZE THE VEHICLE THAT A PERSON 13,858
WAS OPERATING AT THE TIME OF THE ALLEGED OFFENSE AND ITS LICENSE 13,859
PLATES IF EITHER OF THE FOLLOWING APPLY: 13,860
(a) THE person is arrested for a violation of division (A) 13,864
of section 4511.19 of the Revised Code or of a municipal OMVI
ordinance and, within six years of the alleged violation, the 13,866
person previously has been convicted of or pleaded guilty to one
or more violations of division THE FOLLOWING: 13,867
(i) DIVISION (A) or (B) of section 4511.19 of the Revised 13,870
Code, a;
(ii) A municipal OMVI ordinance, section; 13,873
(iii) SECTION 2903.04 of the Revised Code in a case in 13,876
which the offender was subject to the sanctions described in 13,877
322
division (D) of that section, or;
(iv) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 13,880
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 13,881
(v) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 13,883
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 13,885
2903.07 of the Revised Code, or a municipal ordinance that is 13,887
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 13,888
section 2903.07 of the Revised Code, in a case in which the jury 13,889
or judge found that the offender was under the influence of 13,891
alcohol, a drug of abuse, or alcohol and a drug of abuse, a; 13,892
(vi) A statute of the United States or of any other state 13,895
or a municipal ordinance of a municipal corporation located in 13,896
any other state that is substantially similar to division (A) or 13,897
(B) of section 4511.19 of the Revised Code, or if a. 13,898
(b) THE person is arrested for a violation of division (A) 13,901
of section 4511.19 of the Revised Code or of a municipal OMVI 13,903
ordinance and the person previously has been convicted of or 13,904
pleaded guilty to a violation of division (A) of section 4511.19 13,905
of the Revised Code under circumstances in which the violation
was a felony, regardless of when the prior felony violation of 13,907
division (A) of section 4511.19 of the Revised Code and the 13,908
conviction or guilty plea occurred, the arresting officer or
another officer of the law enforcement agency that employs the 13,910
arresting officer, in addition to any action that the arresting 13,911
officer is required or authorized to take by section 4511.191 of 13,912
the Revised Code or by any other provision of law, shall seize 13,913
the vehicle that the person was operating at the time of the 13,914
alleged offense and its license plates. Except. 13,915
(2) EXCEPT as otherwise provided in this division (B) OF 13,918
THIS SECTION, the officer MAKING AN ARREST OF THE TYPE DESCRIBED 13,919
IN DIVISION (B)(1) OF THIS SECTION shall seize the vehicle and 13,922
its license plates regardless of whether the vehicle is 13,923
registered in the name of the person who was operating it or in 13,924
323
the name of another person or entity. This section does not
apply to or affect any rented or leased vehicle that is being 13,925
rented or leased for a period of thirty days or less, except that 13,927
a law enforcement agency that employs a law enforcement officer 13,928
who makes an arrest of a type that is described in division 13,929
(B)(1) of this section and that involves a rented or leased 13,930
vehicle of this type shall notify, within twenty-four hours after 13,931
the officer makes the arrest, the lessor or owner of the vehicle 13,932
regarding the circumstances of the arrest and the location at
which the vehicle may be picked up. At the time of the seizure 13,934
of the vehicle, the law enforcement officer who made the arrest 13,935
shall give the vehicle operator written notice that the vehicle 13,936
and its license plates have been seized; that the vehicle either 13,937
will be kept by the officer's law enforcement agency or will be 13,938
immobilized at least until the operator's initial appearance on 13,939
the charge of the offense for which the arrest was made; that, at 13,940
the initial appearance, the court in certain circumstances may 13,941
order that the vehicle and license plates be released to the 13,943
vehicle owner until the disposition of that charge; that, if the 13,944
vehicle operator is convicted of that charge, the court generally 13,945
must order the immobilization of the vehicle and the impoundment 13,946
of its license plates, or the forfeiture of the vehicle; and 13,947
that, if the operator is not the vehicle owner, the operator 13,948
immediately should inform the vehicle owner that the vehicle and 13,949
its license plates have been seized and that the vehicle owner 13,950
may be able to obtain their return or release at the initial 13,951
appearance or thereafter. 13,952
(2)(3) The arresting officer or a law enforcement officer 13,954
of the agency that employs the arresting officer shall give 13,956
written notice of the seizure to the court that will conduct the 13,957
initial appearance of the vehicle operator. The notice shall be 13,958
given when the charges are filed against the vehicle operator. 13,960
Upon receipt of the notice, the court promptly shall determine 13,961
whether the vehicle operator is the vehicle owner and whether 13,962
324
there are any liens recorded on the certificate of title to the
vehicle. If the court determines that the vehicle operator is 13,963
not the vehicle owner, it promptly shall send by regular mail 13,964
written notice of the seizure of the motor vehicle to the vehicle 13,965
owner and to all lienholders recorded on the certificate of 13,966
title. The written notice to the vehicle owner and lienholders 13,967
shall contain all of the information required by division 13,968
(B)(1)(2) of this section to be in a notice to be given to the 13,969
vehicle operator and also shall specify the date, time, and place 13,970
of the vehicle operator's initial appearance. The notice also 13,971
shall inform the vehicle owner that if title to a motor vehicle 13,972
that is subject to an order for criminal forfeiture under this 13,973
section is assigned or transferred and division (C)(2) or (3) of 13,974
section 4503.234 of the Revised Code applies, the court may fine 13,975
the vehicle operator the value of the vehicle. The notice to the 13,976
vehicle owner also shall state that if the vehicle is immobilized 13,977
under division (A) of section 4503.233 of the Revised Code, seven 13,979
days after the end of the period of immobilization a law
enforcement agency will send the vehicle owner a notice, 13,981
informing the vehicle owner that if the release of the vehicle is 13,982
not obtained in accordance with division (D)(3) of section 13,983
4503.233 of the Revised Code, the vehicle shall be forfeited. 13,985
The notice also shall inform the vehicle owner that the vehicle 13,986
owner may be charged expenses or charges incurred under this 13,987
section and section 4503.233 of the Revised Code for the removal 13,988
and storage of the vehicle.
The written notice that is given to the vehicle operator or 13,990
is sent or delivered to the vehicle owner if the vehicle owner is 13,991
not the vehicle operator also shall state that if the vehicle 13,992
operator pleads guilty to or is convicted of the offense for 13,993
which the vehicle operator was arrested and the court issues an 13,994
immobilization and impoundment order relative to that vehicle,
division (D)(4) of section 4503.233 of the Revised Code prohibits 13,995
the vehicle from being sold during the period of immobilization 13,997
325
without the prior approval of the court.
(3)(4) At or before the initial appearance, the vehicle 13,999
owner may file a motion requesting the court to order that the 14,000
vehicle and its license plates be released to the vehicle owner. 14,001
Except as provided in this division and subject to the payment of 14,003
expenses or charges incurred in the removal and storage of the 14,004
vehicle, the court, in its discretion, then may issue an order 14,005
releasing the vehicle and its license plates to the vehicle 14,006
owner. Such an order may be conditioned upon such terms as the 14,007
court determines appropriate, including the posting of a bond in 14,008
an amount determined by the court. If the vehicle operator is 14,009
not the vehicle owner and if the vehicle owner is not present at 14,010
the vehicle operator's initial appearance, and if the court 14,011
believes that the vehicle owner was not provided with adequate 14,012
notice of the initial appearance, the court, in its discretion, 14,013
may allow the vehicle owner to file a motion within seven days of 14,014
the initial appearance. If the court allows the vehicle owner to 14,015
file such a motion after the initial appearance, the extension of 14,016
time granted by the court does not extend the time within which 14,017
the initial appearance is to be conducted. If the court issues 14,018
an order for the release of the vehicle and its license plates, a 14,019
copy of the order shall be made available to the vehicle owner. 14,020
If the vehicle owner presents a copy of the order to the law 14,021
enforcement agency that employs the law enforcement officer who 14,022
arrested the person who was operating the vehicle, the law 14,023
enforcement agency promptly shall release the vehicle and its 14,024
license plates to the vehicle owner upon payment by the vehicle 14,025
owner of any expenses or charges incurred in the removal and 14,026
storage of the vehicle.
(4)(5) A vehicle seized under division (B)(1) of this 14,028
section either shall be towed to a place specified by the law 14,029
enforcement agency that employs the arresting officer to be 14,030
safely kept by the agency at that place for the time and in the 14,031
manner specified in this section or shall be otherwise 14,032
326
immobilized for the time and in the manner specified in this 14,033
section. A law enforcement officer of that agency shall remove 14,034
the identification license plates of the vehicle, and they shall 14,035
be safely kept by the agency for the time and in the manner 14,036
specified in this section. No vehicle that is seized and either 14,037
towed or immobilized pursuant to this division shall be 14,038
considered contraband for purposes of section 2933.41, 2933.42, 14,039
or 2933.43 of the Revised Code. The vehicle shall not be 14,040
immobilized at any place other than a commercially operated
private storage lot, a place owned by a law enforcement agency or 14,041
other government agency, or a place to which one of the following 14,042
applies: 14,043
(a) The place is leased by or otherwise under the control 14,045
of a law enforcement agency or other government agency. 14,046
(b) The place is owned by the vehicle operator, the 14,048
vehicle operator's spouse, or a parent or child of the vehicle 14,049
operator. 14,050
(c) The place is owned by a private person or entity, and, 14,052
prior to the immobilization, the private entity or person that 14,053
owns the place, or the authorized agent of that private entity or 14,054
person, has given express written consent for the immobilization 14,055
to be carried out at that place. 14,056
(d) The place is a street or highway on which the vehicle 14,059
is parked in accordance with the law.
(C)(1) A vehicle that is seized under division (B) of this 14,062
section shall be safely kept at the place to which it is towed or 14,063
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle 14,065
operator relative to the charge in question. The license plates 14,067
of the vehicle that are removed pursuant to division (B) of this
section shall be safely kept by the law enforcement agency that 14,068
employs the arresting officer until the initial appearance of the 14,069
vehicle operator relative to the charge in question. 14,070
(2)(a) At the initial appearance or not less than seven 14,072
327
days prior to the date of final disposition, the court shall 14,073
notify the vehicle operator, if the vehicle operator is the 14,074
vehicle owner, that if title to a motor vehicle that is subject 14,075
to an order for criminal forfeiture under this section is 14,076
assigned or transferred and division (C)(2) or (3) of section 14,078
4503.234 of the Revised Code applies, the court may fine the 14,081
vehicle operator the value of the vehicle. If, at the initial 14,082
appearance, the vehicle operator pleads guilty to the violation 14,083
of division (A) of section 4511.19 of the Revised Code or of the 14,084
municipal OMVI ordinance or pleads no contest to and is convicted 14,085
of the violation, the court shall impose sentence upon the 14,086
vehicle operator as provided by law or ordinance; the court, 14,087
except as provided in this division and subject to section 14,088
4503.235 of the Revised Code, shall order the immobilization of 14,089
the vehicle and the impoundment of its license plates under 14,090
section 4503.233 and section 4511.193 or 4511.99 of the Revised 14,091
Code, or the criminal forfeiture of the vehicle under section 14,092
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 14,093
whichever is applicable; and the vehicle and its license plates 14,094
shall not be returned or released to the vehicle owner. If the 14,095
vehicle operator is not the vehicle owner and the vehicle owner 14,096
is not present at the vehicle operator's initial appearance and 14,098
if the court believes that the vehicle owner was not provided 14,099
adequate notice of the initial appearance, the court, in its 14,100
discretion, may refrain for a period of time not exceeding seven 14,101
days from ordering the immobilization of the vehicle and the 14,102
impoundment of its license plates, or the criminal forfeiture of 14,103
the vehicle so that the vehicle owner may appear before the court 14,104
to present evidence as to why the court should not order the 14,105
immobilization of the vehicle and the impoundment of its license 14,106
plates, or the criminal forfeiture of the vehicle. If the court 14,108
refrains from ordering the immobilization of the vehicle and the 14,109
impoundment of its license plates, or the criminal forfeiture of 14,110
the vehicle, section 4503.235 of the Revised Code applies 14,112
328
relative to the order of immobilization and impoundment, or the 14,113
order of forfeiture.
(b) If, at any time, the charge that the vehicle operator 14,116
violated division (A) of section 4511.19 of the Revised Code or 14,117
the municipal OMVI ordinance is dismissed for any reason, the 14,118
court shall order that the vehicle seized at the time of the 14,119
arrest and its license plates immediately be released to the 14,120
vehicle owner subject to the payment of expenses or charges 14,121
incurred in the removal and storage of the vehicle. 14,122
(D) If a vehicle is seized under division (B) of this 14,124
section and is not returned or released to the vehicle owner 14,126
pursuant to division (C) of this section, the vehicle or its 14,127
license plates shall be retained until the final disposition of 14,128
the charge in question. Upon the final disposition of that 14,129
charge, the court shall do whichever of the following is 14,130
applicable:
(1) If the vehicle operator is convicted of or pleads 14,132
guilty to the violation of division (A) of section 4511.19 of the 14,133
Revised Code or of the municipal OMVI ordinance, the court shall 14,134
impose sentence upon the vehicle operator as provided by law or 14,135
ordinance and, subject to section 4503.235 of the Revised Code, 14,136
shall order the immobilization of the vehicle the vehicle 14,137
operator was operating at the time of, or that was involved in, 14,138
the offense and the impoundment of its license plates under 14,140
section 4503.233 and section 4511.193 or 4511.99 of the Revised 14,141
Code, or the criminal forfeiture of the vehicle under section 14,142
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 14,143
whichever is applicable. 14,144
(2) If the vehicle operator is found not guilty of the 14,146
violation of division (A) of section 4511.19 of the Revised Code 14,147
or of the municipal OMVI ordinance, the court shall order that 14,148
the vehicle and its license plates immediately be released to the 14,150
vehicle owner upon the payment of any expenses or charges 14,151
incurred in its removal and storage. 14,152
329
(3) If the charge that the vehicle operator violated 14,154
division (A) of section 4511.19 of the Revised Code or the 14,155
municipal OMVI ordinance is dismissed for any reason, the court 14,156
shall order that the vehicle and its license plates immediately 14,158
be released to the vehicle owner upon the payment of any expenses 14,159
or charges incurred in its removal and storage. 14,160
(E) If a vehicle is seized under division (B) of this 14,162
section, the time between the seizure of the vehicle and either 14,163
its release to the vehicle owner under division (C) of this 14,165
section or the issuance of an order of immobilization of the 14,166
vehicle under section 4503.233 of the Revised Code shall be 14,167
credited against the period of immobilization ordered by the 14,168
court.
(F)(1) The vehicle owner may be charged expenses or 14,170
charges incurred in the removal and storage of the immobilized 14,171
vehicle. The court with jurisdiction over the case, after notice 14,172
to all interested parties, including lienholders, and after an 14,173
opportunity for them to be heard, if the vehicle owner fails to 14,174
appear in person, without good cause, or if the court finds that 14,175
the vehicle owner does not intend to seek release of the vehicle 14,176
at the end of the period of immobilization under section 4503.233 14,177
of the Revised Code or that the vehicle owner is not or will not 14,178
be able to pay the expenses and charges incurred in its removal 14,179
and storage, may order that title to the vehicle be transferred, 14,180
in order of priority, first into the name of the person or entity 14,181
that removed it, next into the name of a lienholder, or lastly 14,182
into the name of the owner of the place of storage. 14,183
Any lienholder that receives title under a court order 14,186
shall do so on the condition that it pay any expenses or charges 14,187
incurred in the vehicle's removal and storage. If the person or 14,188
entity that receives title to the vehicle is the person or entity 14,189
that removed it, the person or entity shall receive title on the 14,190
condition that it pay any lien on the vehicle. The court shall 14,192
not order that title be transferred to any person or entity other 14,193
330
than the owner of the place of storage if the person or entity 14,194
refuses to receive the title. Any person or entity that receives 14,195
title either may keep title to the vehicle or may dispose of the 14,196
vehicle in any legal manner that it considers appropriate, 14,197
including assignment of the certificate of title to the motor 14,198
vehicle to a salvage dealer or a scrap metal processing facility. 14,199
The person or entity shall not transfer the vehicle to the person 14,200
who is the vehicle's immediate previous owner. 14,202
If the person or entity assigns the motor vehicle to a 14,204
salvage dealer or scrap metal processing facility, the person or 14,205
entity shall send the assigned certificate of title to the motor 14,206
vehicle to the clerk of the court of common pleas of the county 14,207
in which the salvage dealer or scrap metal processing facility is 14,209
located. The person or entity shall mark the face of the
certificate of title with the words "for destruction" and shall 14,211
deliver a photocopy of the certificate of title to the salvage 14,212
dealer or scrap metal processing facility for its records. 14,213
(2) Whenever a court issues an order under division (F)(1) 14,215
of this section, the court also shall order removal of the 14,216
license plates from the vehicle and cause them to be sent to the 14,217
registrar of motor vehicles if they have not already been sent to 14,218
the registrar. Thereafter, no further proceedings shall take 14,219
place under this section or under section 4503.233 of the Revised 14,220
Code.
(3) Prior to initiating a proceeding under division (F)(1) 14,222
of this section, and upon payment of the fee under division (B) 14,223
of section 4505.14 of the Revised Code, any interested party may 14,224
cause a search to be made of the public records of the bureau of 14,225
motor vehicles or the clerk of the court of common pleas, to 14,226
ascertain the identity of any lienholder of the vehicle. The 14,227
initiating party shall furnish this information to the clerk of 14,228
the court with jurisdiction over the case, and the clerk shall 14,230
provide notice to the vehicle owner, the defendant, any 14,231
lienholder, and any other interested parties listed by the 14,232
331
initiating party, at the last known address supplied by the 14,233
initiating party, by certified mail or, at the option of the 14,234
initiating party, by personal service or ordinary mail. 14,235
Sec. 4511.196. (A) If a person is arrested for operating 14,244
a vehicle while under the influence of alcohol, a drug of abuse, 14,245
or alcohol and a drug of abuse or for operating a vehicle with a 14,246
prohibited concentration of alcohol in the blood, breath, or 14,247
urine and regardless of whether the person's driver's or 14,248
commercial driver's license or permit or nonresident operating 14,249
privilege is or is not suspended under division (E) or (F) of 14,250
section 4511.191 of the Revised Code, the person's initial 14,251
appearance on the charge resulting from the arrest shall be held 14,252
within five days of the person's arrest or the issuance of the 14,253
citation to the person. 14,254
(B)(1) If a person is arrested as described in division 14,256
(A) of this section, if the person's driver's or commercial 14,257
driver's license or permit or nonresident operating privilege has 14,258
been suspended under division (E) or (F) of section 4511.191 of 14,259
the Revised Code in relation to that arrest, if the person 14,260
appeals the suspension in accordance with division (H)(1) of that 14,261
section, and if the judge, magistrate, or mayor terminates the 14,262
suspension in accordance with division (H)(2) of that section, 14,265
the judge, magistrate, or mayor may impose a new suspension of 14,266
the person's license, permit, or nonresident operating privilege, 14,267
notwithstanding the termination of the suspension imposed under 14,268
division (E) or (F) of section 4511.191 of the Revised Code, if 14,269
the judge, magistrate, or mayor determines that the person's 14,270
continued driving will be a threat to public safety. 14,272
(2) If a person is arrested as described in division (A) 14,274
of this section and if the person's driver's or commercial 14,275
driver's license or permit or nonresident operating privilege has 14,276
not been suspended under division (E) or (F) of section 4511.191 14,277
of the Revised Code in relation to that arrest, the judge, 14,278
magistrate, or mayor may impose a suspension of the person's 14,280
332
license, permit, or nonresident operating privilege if the judge, 14,281
magistrate, or mayor determines that the person's continued 14,282
driving will be a threat to public safety.
(C) A suspension of a person's driver's or commercial 14,284
driver's license or permit or nonresident operating privilege 14,285
under division (B)(1) or (2) of this section shall continue until 14,286
the complaint on the charge resulting from the arrest is 14,289
adjudicated on the merits. A court that imposes a suspension 14,290
under division (B)(2) of this section shall send the person's 14,291
driver's license or permit to the registrar of motor vehicles. 14,292
If the court possesses the driver's or commercial driver's 14,293
license or permit of a person in the category described in 14,294
division (B)(2) of this section and the court does not impose a 14,295
suspension under division (B)(2) of this section, the court shall 14,296
return the license or permit to the person if the license or 14,297
permit has not otherwise been suspended or revoked.
Any time during which the person serves a suspension of the 14,299
person's driver's or commercial driver's license or permit or 14,301
nonresident operating privilege that is imposed pursuant to 14,302
division (B)(1) or (2) of this section shall be credited against 14,303
any judicial suspension of the person's license, permit, or 14,304
nonresident operating privilege that is imposed pursuant to 14,305
division (B) of section 4507.16 of the Revised Code. 14,306
(D) If a person is arrested and charged with a violation 14,308
of section 2903.06 or 2903.08 of the Revised Code or a violation 14,310
of section 2903.07 2903.06 of the Revised Code that is a felony 14,312
offense, the judge at the person's initial appearance, 14,313
preliminary hearing, or arraignment may suspend the person's 14,314
driver's or commercial driver's license or permit or nonresident 14,315
operating privilege if the judge determines at any of those 14,316
proceedings that the person's continued driving will be a threat 14,317
to public safety. 14,318
The suspension that may be imposed pursuant to this 14,320
division shall continue until the indictment or information 14,321
333
alleging the violation specified in this division is adjudicated 14,322
on the merits. A court that imposes a suspension under this 14,323
division shall send the person's driver's or commercial driver's 14,324
license or permit to the registrar. 14,325
Sec. 4511.99. (A) Whoever violates division (A) of 14,339
section 4511.19 of the Revised Code, in addition to the license 14,340
suspension or revocation provided in section 4507.16 of the 14,341
Revised Code and any disqualification imposed under section 14,342
4506.16 of the Revised Code, shall be punished as provided in 14,343
division (A)(1), (2), (3), or (4) of this section. 14,344
(1) Except as otherwise provided in division (A)(2), (3), 14,346
or (4) of this section, the offender is guilty of a misdemeanor 14,347
of the first degree and the court shall sentence the offender to 14,348
a term of imprisonment of three consecutive days and may sentence 14,349
the offender pursuant to section 2929.21 of the Revised Code to a 14,350
longer term of imprisonment. In addition, the court shall impose 14,351
upon the offender a fine of not less than two hundred and not 14,352
more than one thousand dollars. 14,353
The court may suspend the execution of the mandatory three 14,355
consecutive days of imprisonment that it is required to impose by 14,356
this division, if the court, in lieu of the suspended term of 14,357
imprisonment, places the offender on probation and requires the 14,358
offender to attend, for three consecutive days, a drivers' 14,359
intervention program that is certified pursuant to section 14,360
3793.10 of the Revised Code. The court also may suspend the 14,361
execution of any part of the mandatory three consecutive days of 14,362
imprisonment that it is required to impose by this division, if 14,363
the court places the offender on probation for part of the three 14,364
consecutive days; requires the offender to attend, for that part 14,365
of the three consecutive days, a drivers' intervention program 14,366
that is certified pursuant to section 3793.10 of the Revised 14,367
Code; and sentences the offender to a term of imprisonment equal 14,368
to the remainder of the three consecutive days that the offender 14,369
does not spend attending the drivers' intervention program. The 14,370
334
court may require the offender, as a condition of probation, to 14,371
attend and satisfactorily complete any treatment or education 14,372
programs that comply with the minimum standards adopted pursuant 14,373
to Chapter 3793. of the Revised Code by the director of alcohol 14,374
and drug addiction services, in addition to the required 14,375
attendance at a drivers' intervention program, that the operators 14,376
of the drivers' intervention program determine that the offender 14,377
should attend and to report periodically to the court on the 14,378
offender's progress in the programs. The court also may impose 14,379
any other conditions of probation on the offender that it 14,380
considers necessary. 14,381
Of the fine imposed pursuant to this division, twenty-five 14,383
dollars shall be paid to an enforcement and education fund 14,384
established by the legislative authority of the law enforcement 14,385
agency in this state that primarily was responsible for the 14,386
arrest of the offender, as determined by the court that imposes 14,387
the fine. This share shall be used by the agency to pay only 14,388
those costs it incurs in enforcing section 4511.19 of the Revised 14,389
Code or a substantially similar municipal ordinance and in 14,390
informing the public of the laws governing the operation of a 14,391
motor vehicle while under the influence of alcohol, the dangers 14,392
of operating a motor vehicle while under the influence of 14,393
alcohol, and other information relating to the operation of a 14,394
motor vehicle and the consumption of alcoholic beverages. 14,395
Twenty-five dollars of the fine imposed pursuant to this division 14,396
shall be deposited into the county indigent drivers alcohol 14,397
treatment fund or municipal indigent drivers alcohol treatment 14,398
fund under the control of that court, as created by the county or 14,399
municipal corporation pursuant to division (N) of section 14,400
4511.191 of the Revised Code. The balance of the fine shall be 14,401
disbursed as otherwise provided by law. 14,402
(2)(a) Except as otherwise provided in division (A)(4) of 14,405
this section, THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE
FIRST DEGREE, AND, EXCEPT AS PROVIDED IN THIS DIVISION, THE COURT 14,406
335
SHALL SENTENCE THE OFFENDER TO A TERM OF IMPRISONMENT OF TEN 14,407
CONSECUTIVE DAYS AND MAY SENTENCE THE OFFENDER PURSUANT TO 14,408
SECTION 2929.21 OF THE REVISED CODE TO A LONGER TERM OF
IMPRISONMENT if, within six years of the offense, the offender 14,410
has been convicted of or pleaded guilty to one violation of 14,411
division THE FOLLOWING: 14,413
(i) DIVISION (A) or (B) of section 4511.19 of the Revised 14,416
Code, a;
(ii) A municipal ordinance relating to operating a vehicle 14,418
while under the influence of alcohol, a drug of abuse, or alcohol 14,419
and a drug of abuse, a; 14,420
(iii) A municipal ordinance relating to operating a 14,422
vehicle with a prohibited concentration of alcohol in the blood, 14,423
breath, or urine, section; 14,424
(iv) SECTION 2903.04 of the Revised Code in a case in 14,426
which the offender was subject to the sanctions described in 14,427
division (D) of that section,; 14,428
(v) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 14,431
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 14,432
(vi) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 14,435
2903.07, or DIVISION (A)(2) OF SECTION 2903.08, OR FORMER SECTION 14,436
2903.07 of the Revised Code, or a municipal ordinance that is 14,437
substantially similar to ANY OF THOSE DIVISIONS OR THAT FORMER 14,438
section 2903.07 of the Revised Code, in a case in which the jury 14,441
or judge found that the offender was under the influence of 14,442
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a; 14,443
(vii) A statute of the United States or of any other state 14,446
or a municipal ordinance of a municipal corporation located in 14,447
any other state that is substantially similar to division (A) or 14,448
(B) of section 4511.19 of the Revised Code, the offender is 14,449
guilty of a misdemeanor of the first degree and, except as 14,451
provided in this division, the court shall sentence the offender 14,452
to a term of imprisonment of ten consecutive days and may 14,453
336
sentence the offender pursuant to section 2929.21 of the Revised 14,454
Code to a longer term of imprisonment. As.
AS an alternative to the term of imprisonment required to 14,457
be imposed by this division, but subject to division (A)(8) of 14,458
this section, the court may impose upon the offender a sentence 14,459
consisting of both a term of imprisonment of five consecutive 14,460
days and not less than eighteen consecutive days of 14,461
electronically monitored house arrest as defined in division (A) 14,462
of section 2929.23 of the Revised Code. The five consecutive 14,463
days of imprisonment and the period of electronically monitored 14,464
house arrest shall not exceed six months. The five consecutive 14,465
days of imprisonment do not have to be served prior to or 14,466
consecutively with the period of electronically monitored house 14,467
arrest.
In addition, the court shall impose upon the offender a 14,469
fine of not less than three hundred and not more than one 14,470
thousand five hundred dollars. 14,471
In addition to any other sentence that it imposes upon the 14,473
offender, the court may require the offender to attend a drivers' 14,474
intervention program that is certified pursuant to section 14,475
3793.10 of the Revised Code. If the officials of the drivers' 14,476
intervention program determine that the offender is alcohol 14,477
dependent, they shall notify the court, and the court shall order 14,478
the offender to obtain treatment through an alcohol and drug 14,479
addiction program authorized by section 3793.02 of the Revised 14,480
Code. The cost of the treatment shall be paid by the offender. 14,481
Of the fine imposed pursuant to this division, thirty-five 14,483
dollars shall be paid to an enforcement and education fund 14,484
established by the legislative authority of the law enforcement 14,485
agency in this state that primarily was responsible for the 14,486
arrest of the offender, as determined by the court that imposes 14,487
the fine. This share shall be used by the agency to pay only 14,488
those costs it incurs in enforcing division (A) of section 14,489
4511.19 of the Revised Code or a substantially similar municipal 14,490
337
ordinance and in informing the public of the laws governing the 14,491
operation of a motor vehicle while under the influence of 14,492
alcohol, the dangers of operating a motor vehicle while under the 14,493
influence of alcohol, and other information relating to the 14,494
operation of a motor vehicle and the consumption of alcoholic 14,495
beverages. Sixty-five dollars of the fine imposed pursuant to 14,496
this division shall be paid to the political subdivision 14,497
responsible for housing the offender during the offender's term 14,499
of incarceration. This share shall be used by the political 14,500
subdivision to pay or reimburse incarceration costs it incurs in 14,501
housing persons who violate section 4511.19 of the Revised Code 14,502
or a substantially similar municipal ordinance and to pay for 14,503
ignition interlock devices and electronic house arrest equipment 14,504
for persons who violate that section, and shall be paid to the 14,505
credit of the fund that pays the cost of the incarceration. 14,506
Fifty dollars of the fine imposed pursuant to this division shall 14,507
be deposited into the county indigent drivers alcohol treatment 14,508
fund or municipal indigent drivers alcohol treatment fund under 14,509
the control of that court, as created by the county or municipal 14,510
corporation pursuant to division (N) of section 4511.191 of the 14,511
Revised Code. The balance of the fine shall be disbursed as 14,512
otherwise provided by law. 14,513
(b) Regardless of whether the vehicle the offender was 14,515
operating at the time of the offense is registered in the 14,516
offender's name or in the name of another person, the court, in 14,518
addition to the penalties imposed under division (A)(2)(a) of 14,519
this section and all other penalties provided by law and subject 14,520
to section 4503.235 of the Revised Code, shall order the 14,521
immobilization for ninety days of the vehicle the offender was 14,522
operating at the time of the offense and the impoundment for 14,523
ninety days of the identification license plates of that vehicle. 14,524
The order for the immobilization and impoundment shall be issued 14,525
and enforced in accordance with section 4503.233 of the Revised 14,526
Code.
338
(3)(a) Except as otherwise provided in division (A)(4) of 14,529
this section, if, within six years of the offense, the offender 14,530
has been convicted of or pleaded guilty to two violations of 14,531
IDENTIFIED IN division (A) or (B)(2) of THIS section 4511.19 of 14,533
the Revised Code, a municipal ordinance relating to operating a 14,536
vehicle while under the influence of alcohol, a drug of abuse, or 14,537
alcohol and a drug of abuse, a municipal ordinance relating to 14,538
operating a vehicle with a prohibited concentration of alcohol in 14,539
the blood, breath, or urine, section 2903.04 of the Revised Code 14,540
in a case in which the offender was subject to the sanctions 14,541
described in division (D) of that section, section 2903.06, 14,542
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 14,543
that is substantially similar to section 2903.07 of the Revised 14,544
Code in a case in which the jury or judge found that the offender 14,545
was under the influence of alcohol, a drug of abuse, or alcohol 14,546
and a drug of abuse, or a statute of the United States or of any 14,547
other state or a municipal ordinance of a municipal corporation 14,548
located in any other state that is substantially similar to 14,549
division (A) or (B) of section 4511.19 of the Revised Code, 14,550
except as provided in this division, the court shall sentence the 14,551
offender to a term of imprisonment of thirty consecutive days and
may sentence the offender to a longer definite term of 14,552
imprisonment of not more than one year. As an alternative to the 14,553
term of imprisonment required to be imposed by this division, but 14,554
subject to division (A)(8) of this section, the court may impose 14,555
upon the offender a sentence consisting of both a term of 14,556
imprisonment of fifteen consecutive days and not less than 14,557
fifty-five consecutive days of electronically monitored house 14,558
arrest as defined in division (A) of section 2929.23 of the 14,559
Revised Code. The fifteen consecutive days of imprisonment and 14,560
the period of electronically monitored house arrest shall not 14,561
exceed one year. The fifteen consecutive days of imprisonment do 14,562
not have to be served prior to or consecutively with the period 14,563
of electronically monitored house arrest. 14,564
339
In addition, the court shall impose upon the offender a 14,566
fine of not less than five hundred and not more than two thousand 14,567
five hundred dollars. 14,568
In addition to any other sentence that it imposes upon the 14,570
offender, the court shall require the offender to attend an 14,571
alcohol and drug addiction program authorized by section 3793.02 14,572
of the Revised Code. The cost of the treatment shall be paid by 14,573
the offender. If the court determines that the offender is 14,574
unable to pay the cost of attendance at the treatment program, 14,576
the court may order that payment of the cost of the offender's 14,577
attendance at the treatment program be made from that court's 14,578
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 14,580
twenty-three dollars shall be paid to an enforcement and 14,581
education fund established by the legislative authority of the 14,582
law enforcement agency in this state that primarily was 14,583
responsible for the arrest of the offender, as determined by the 14,584
court that imposes the fine. This share shall be used by the 14,585
agency to pay only those costs it incurs in enforcing section 14,586
4511.19 of the Revised Code or a substantially similar municipal 14,587
ordinance and in informing the public of the laws governing the 14,588
operation of a motor vehicle while under the influence of 14,589
alcohol, the dangers of operating a motor vehicle while under the 14,590
influence of alcohol, and other information relating to the 14,591
operation of a motor vehicle and the consumption of alcoholic 14,592
beverages. Two hundred twenty-seven dollars of the fine imposed 14,593
pursuant to this division shall be paid to the political 14,594
subdivision responsible for housing the offender during the 14,595
offender's term of incarceration. This share shall be used by 14,597
the political subdivision to pay or reimburse incarceration costs 14,598
it incurs in housing persons who violate division (A) of section 14,599
4511.19 of the Revised Code or a substantially similar municipal 14,600
ordinance and to pay for ignition interlock devices and 14,601
electronic house arrest equipment for persons who violate that 14,602
340
section and shall be paid to the credit of the fund that pays the 14,603
cost of incarceration. The balance of the fine shall be 14,604
disbursed as otherwise provided by law. 14,605
(b) Regardless of whether the vehicle the offender was 14,607
operating at the time of the offense is registered in the 14,608
offender's name or in the name of another person, the court, in 14,610
addition to the penalties imposed under division (A)(3)(a) of 14,611
this section and all other penalties provided by law and subject 14,612
to section 4503.235 of the Revised Code, shall order the 14,613
immobilization for one hundred eighty days of the vehicle the 14,614
offender was operating at the time of the offense and the 14,615
impoundment for one hundred eighty days of the identification 14,616
license plates of that vehicle. The order for the immobilization 14,617
and impoundment shall be issued and enforced in accordance with 14,618
section 4503.233 of the Revised Code. 14,619
(4)(a) If, within six years of the offense, the offender 14,621
has been convicted of or pleaded guilty to three or more 14,622
violations of IDENTIFIED IN division (A) or (B)(2) of THIS 14,624
section 4511.19 of the Revised Code, a municipal ordinance 14,625
relating to operating a vehicle while under the influence of 14,626
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 14,627
municipal ordinance relating to operating a vehicle with a 14,628
prohibited concentration of alcohol in the blood, breath, or 14,629
urine, section 2903.04 of the Revised Code in a case in which the 14,630
offender was subject to the sanctions described in division (D) 14,631
of that section, section 2903.06, 2903.07, or 2903.08 of the 14,632
Revised Code or a municipal ordinance that is substantially 14,633
similar to section 2903.07 of the Revised Code in a case in which 14,634
the jury or judge found that the offender was under the influence 14,635
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 14,636
statute of the United States or of any other state or a municipal 14,637
ordinance of a municipal corporation located in any other state 14,638
that is substantially similar to division (A) or (B) of section 14,639
4511.19 of the Revised Code, or if the offender previously has 14,640
341
been convicted of or pleaded guilty to a violation of division 14,641
(A) of section 4511.19 of the Revised Code under circumstances in 14,642
which the violation was a felony and regardless of when the 14,643
violation and the conviction or guilty plea occurred, the 14,644
offender is guilty of a felony of the fourth degree. The court 14,645
shall sentence the offender in accordance with sections 2929.11 14,646
to 2929.19 of the Revised Code and shall impose as part of the 14,647
sentence a mandatory term of local incarceration of sixty
consecutive days of imprisonment in accordance with division 14,648
(G)(1) of section 2929.13 of the Revised Code or a mandatory 14,649
prison term of sixty consecutive days of imprisonment in 14,650
accordance with division (G)(2) of that section, whichever is 14,651
applicable. If the offender is required to serve a mandatory 14,652
term of local incarceration of sixty consecutive days of 14,653
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 14,654
2929.17 of the Revised Code, may impose upon the offender a 14,656
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 14,657
arrest shall not commence until after the offender has served the 14,658
mandatory term of local incarceration. 14,659
In addition to all other sanctions imposed, the court shall 14,661
impose upon the offender, pursuant to section 2929.18 of the 14,662
Revised Code, a fine of not less than seven hundred fifty nor 14,663
more than ten thousand dollars. 14,664
In addition to any other sanction that it imposes upon the 14,667
offender, the court shall require the offender to attend an 14,669
alcohol and drug addiction program authorized by section 3793.02 14,670
of the Revised Code. The cost of the treatment shall be paid by 14,671
the offender. If the court determines that the offender is 14,672
unable to pay the cost of attendance at the treatment program, 14,673
the court may order that payment of the cost of the offender's 14,674
attendance at the treatment program be made from the court's 14,675
indigent drivers alcohol treatment fund. 14,676
342
Of the fine imposed pursuant to this division, two hundred 14,678
ten dollars shall be paid to an enforcement and education fund 14,679
established by the legislative authority of the law enforcement 14,680
agency in this state that primarily was responsible for the 14,681
arrest of the offender, as determined by the court that imposes 14,682
the fine. This share shall be used by the agency to pay only 14,683
those costs it incurs in enforcing section 4511.19 of the Revised 14,684
Code or a substantially similar municipal ordinance and in 14,685
informing the public of the laws governing operation of a motor 14,686
vehicle while under the influence of alcohol, the dangers of 14,687
operation of a motor vehicle while under the influence of 14,688
alcohol, and other information relating to the operation of a 14,689
motor vehicle and the consumption of alcoholic beverages. Three 14,690
hundred ninety dollars of the fine imposed pursuant to this 14,691
division shall be paid to the political subdivision responsible 14,692
for housing the offender during the offender's term of 14,693
incarceration. This share shall be used by the political 14,695
subdivision to pay or reimburse incarceration costs it incurs in 14,696
housing persons who violate division (A) of section 4511.19 of 14,697
the Revised Code or a substantially similar municipal ordinance 14,698
and to pay for ignition interlock devices and electronic house 14,699
arrest equipment for persons who violate that section, and shall 14,700
be paid to the credit of the fund that pays the cost of 14,701
incarceration. The balance of the fine shall be disbursed as 14,702
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 14,704
operating at the time of the offense is registered in the 14,705
offender's name or in the name of another person, the court, in 14,707
addition to the sanctions imposed under division (A)(4)(a) of 14,708
this section and all other sanctions provided by law and subject 14,710
to section 4503.235 of the Revised Code, shall order the criminal 14,712
forfeiture to the state of the vehicle the offender was operating 14,713
at the time of the offense. The order of criminal forfeiture 14,714
shall be issued and enforced in accordance with section 4503.234 14,715
343
of the Revised Code. 14,716
(c) As used in division (A)(4)(a) of this section, 14,719
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 14,721
the Revised Code.
If title to a motor vehicle that is subject to an order for 14,723
criminal forfeiture under this section is assigned or transferred 14,724
and division (C)(2) or (3) of section 4503.234 of the Revised 14,725
Code applies, in addition to or independent of any other penalty 14,726
established by law, the court may fine the offender the value of 14,727
the vehicle as determined by publications of the national auto 14,728
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 14,729
(D)(4) of section 4503.234 of the Revised Code. 14,730
(5)(a) Except as provided in division (A)(5)(b) of this 14,732
section, upon a showing that imprisonment would seriously affect 14,733
the ability of an offender sentenced pursuant to division (A)(1), 14,734
(2), (3), or (4) of this section to continue the offender's 14,735
employment, the court may authorize that the offender be granted 14,737
work release from imprisonment after the offender has served the 14,738
three, ten, or thirty consecutive days of imprisonment or the 14,739
mandatory term of local incarceration of sixty consecutive days 14,740
that the court is required by division (A)(1), (2), (3), or (4) 14,742
of this section to impose. No court shall authorize work release 14,743
from imprisonment during the three, ten, or thirty consecutive 14,744
days of imprisonment or the mandatory term of local incarceration 14,745
or mandatory prison term of sixty consecutive days that the court 14,747
is required by division (A)(1), (2), (3), or (4) of this section 14,748
to impose. The duration of the work release shall not exceed the 14,749
time necessary each day for the offender to commute to and from 14,750
the place of employment and the place of imprisonment and the 14,751
time actually spent under employment. 14,752
(b) An offender who is sentenced pursuant to division 14,754
(A)(2) or (3) of this section to a term of imprisonment followed 14,755
344
by a period of electronically monitored house arrest is not 14,756
eligible for work release from imprisonment, but that person 14,757
shall be permitted work release during the period of 14,758
electronically monitored house arrest. The duration of the work 14,759
release shall not exceed the time necessary each day for the 14,760
offender to commute to and from the place of employment and the 14,761
offender's home or other place specified by the sentencing court 14,762
and the time actually spent under employment. 14,763
(6) Notwithstanding any section of the Revised Code that 14,765
authorizes the suspension of the imposition or execution of a 14,766
sentence, the placement of an offender in any treatment program 14,768
in lieu of imprisonment, or the use of a community control 14,769
sanction for an offender convicted of a felony, no court shall 14,770
suspend the ten or thirty consecutive days of imprisonment 14,771
required to be imposed on an offender by division (A)(2) or (3) 14,772
of this section, no court shall place an offender who is 14,773
sentenced pursuant to division (A)(2), (3), or (4) of this 14,774
section in any treatment program in lieu of imprisonment until 14,775
after the offender has served the ten or thirty consecutive days 14,776
of imprisonment or the mandatory term of local incarceration or 14,777
mandatory prison term of sixty consecutive days required to be 14,778
imposed pursuant to division (A)(2), (3), or (4) of this section, 14,779
no court that sentences an offender under division (A)(4) of this 14,780
section shall impose any sanction other than a mandatory term of 14,781
local incarceration or mandatory prison term to apply to the 14,782
offender until after the offender has served the mandatory term 14,783
of local incarceration or mandatory prison term of sixty 14,785
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 14,787
imprisonment and a period of electronically monitored house 14,788
arrest upon an offender under division (A)(2) or (3) of this 14,789
section shall suspend any portion of the sentence or place the 14,790
offender in any treatment program in lieu of imprisonment or 14,791
electronically monitored house arrest. Notwithstanding any 14,792
345
section of the Revised Code that authorizes the suspension of the 14,793
imposition or execution of a sentence or the placement of an 14,794
offender in any treatment program in lieu of imprisonment, no 14,795
court, except as specifically authorized by division (A)(1) of 14,796
this section, shall suspend the three consecutive days of 14,797
imprisonment required to be imposed by division (A)(1) of this 14,798
section or place an offender who is sentenced pursuant to 14,799
division (A)(1) of this section in any treatment program in lieu 14,800
of imprisonment until after the offender has served the three 14,801
consecutive days of imprisonment required to be imposed pursuant 14,802
to division (A)(1) of this section. 14,803
(7) No court shall sentence an offender to an alcohol 14,805
treatment program pursuant to division (A)(1), (2), (3), or (4) 14,806
of this section unless the treatment program complies with the 14,807
minimum standards adopted pursuant to Chapter 3793. of the 14,808
Revised Code by the director of alcohol and drug addiction 14,809
services. 14,810
(8) No court shall impose the alternative sentence of a 14,812
term of imprisonment of five consecutive days plus not less than 14,813
eighteen consecutive days of electronically monitored house 14,814
arrest permitted to be imposed by division (A)(2) of this 14,815
section, or the alternative sentence of a term of imprisonment of 14,816
fifteen consecutive days plus not less than fifty-five 14,817
consecutive days of electronically monitored house arrest 14,818
permitted to be imposed pursuant to division (A)(3) of this 14,819
section, unless within sixty days of the date of sentencing, the 14,820
court issues a written finding, entered into the record, that due 14,821
to the unavailability of space at the incarceration facility 14,822
where the offender is required to serve the term of imprisonment 14,823
imposed upon the offender, the offender will not be able to 14,824
commence serving the term of imprisonment within the sixty-day 14,826
period following the date of sentencing. If the court issues 14,827
such a finding, the court may impose the alternative sentence 14,828
comprised of a term of imprisonment and a term of electronically 14,829
346
monitored house arrest permitted to be imposed by division (A)(2) 14,830
or (3) of this section. 14,831
(B) Whoever violates section 4511.192, 4511.251, or 14,833
4511.85 of the Revised Code is guilty of a misdemeanor of the 14,834
first degree. The court, in addition to or independent of all 14,835
other penalties provided by law, may suspend for a period not to 14,836
exceed one year the driver's or commercial driver's license or 14,837
permit or nonresident operating privilege of any person who 14,838
pleads guilty to or is convicted of a violation of section 14,839
4511.192 of the Revised Code. 14,840
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 14,842
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 14,843
guilty of one of the following: 14,844
(1) Except as otherwise provided in division (C)(2) of 14,846
this section, a minor misdemeanor. 14,847
(2) If the offender previously has been convicted of or 14,850
pleaded guilty to one or more violations of section 4511.63, 14,851
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 14,852
Revised Code or a municipal ordinance that is substantially 14,853
similar to any of those sections, a misdemeanor of the fourth 14,856
degree.
(D)(1) Whoever violates any provision of sections 4511.01 14,858
to 4511.76 or section 4511.84 of the Revised Code, for which no 14,859
penalty otherwise is provided in this section is guilty of one of 14,860
the following: 14,861
(a) Except as otherwise provided in division (D)(1)(b), 14,864
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor; 14,866
(b) If, within one year of the offense, the offender 14,868
previously has been convicted of or pleaded guilty to one 14,870
violation of any provision of sections 4511.01 to 4511.76 or 14,872
section 4511.84 of the Revised Code for which no penalty 14,873
otherwise is provided in this section or a municipal ordinance 14,875
that is substantially similar to any provision of sections 14,876
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 14,877
347
which no penalty otherwise is provided in this section, a 14,878
misdemeanor of the fourth degree; 14,880
(c) If, within one year of the offense, the offender 14,882
previously has been convicted of or pleaded guilty to two or more 14,883
violations of any provision described in division (D)(1)(b) of 14,885
this section or any municipal ordinance that is substantially 14,886
similar to any of those provisions, a misdemeanor of the third 14,887
degree. 14,888
(2) When any person is found guilty of a first offense for 14,890
a violation of section 4511.21 of the Revised Code upon a finding 14,891
that the person operated a motor vehicle faster than thirty-five 14,893
miles an hour in a business district of a municipal corporation, 14,894
or faster than fifty miles an hour in other portions, or faster 14,895
than thirty-five miles an hour while passing through a school 14,896
zone during recess or while children are going to or leaving 14,897
school during the opening or closing hours, the person is guilty 14,898
of a misdemeanor of the fourth degree. 14,899
(3) Notwithstanding section 2929.21 of the Revised Code, 14,901
upon a finding that such person operated a motor vehicle in a 14,902
construction zone where a sign was then posted in accordance with 14,903
section 4511.98 of the Revised Code, the court, in addition to 14,904
all other penalties provided by law, shall impose a fine of two 14,905
times the usual amount imposed for the violation. No court shall 14,906
impose a fine of two times the usual amount imposed for the 14,907
violation upon an offender who alleges, in an affidavit filed 14,908
with the court prior to the offender's sentencing, that the 14,909
offender is indigent and is unable to pay the fine imposed 14,910
pursuant to this division, provided the court determines the 14,911
offender is an indigent person and is unable to pay the fine. 14,912
(4) Notwithstanding section 2929.21 of the Revised Code, 14,915
upon a finding that a person operated a motor vehicle in 14,916
violation of division (C) of section 4511.213 of the Revised 14,918
Code, the court, in addition to all other penalties provided by 14,919
law, shall impose a fine of two times the usual amount imposed 14,920
348
for the violation.
(E) Whenever a person is found guilty in a court of record 14,922
of a violation of section 4511.761, 4511.762, or 4511.77 of the 14,923
Revised Code, the trial judge, in addition to or independent of 14,924
all other penalties provided by law, may suspend for any period 14,925
of time not exceeding three years, or revoke the license of any 14,926
person, partnership, association, or corporation, issued under 14,927
section 4511.763 of the Revised Code. 14,928
(F) Whoever violates division (E) or (F) of section 14,930
4511.51, division (A), (D), or (E) of section 4511.521, section 14,931
4511.681, division (A) or (C) of section 4511.69, section 14,932
4511.772, or division (A) or (B) of section 4511.82 of the 14,933
Revised Code is guilty of a minor misdemeanor. 14,934
(G) Whoever violates division (A) of section 4511.75 of 14,936
the Revised Code may be fined an amount not to exceed five 14,937
hundred dollars. A person who is issued a citation for a 14,938
violation of division (A) of section 4511.75 of the Revised Code 14,939
is not permitted to enter a written plea of guilty and waive the 14,940
person's right to contest the citation in a trial, but instead 14,941
must appear in person in the proper court to answer the charge. 14,942
(H)(1) Whoever is a resident of this state and violates 14,944
division (A) or (B) of section 4511.81 of the Revised Code shall 14,945
be punished as follows: 14,946
(a) Except as otherwise provided in division (H)(1)(b) of 14,948
this section, the offender is guilty of a minor misdemeanor. 14,950
(b) If the offender previously has been convicted of or 14,952
pleaded guilty to a violation of division (A) or (B) of section 14,953
4511.81 of the Revised Code or of a municipal ordinance that is 14,955
substantially similar to either of those divisions, the offender 14,956
is guilty of a misdemeanor of the fourth degree. 14,957
(2) Whoever is not a resident of this state, violates 14,959
division (A) or (B) of section 4511.81 of the Revised Code, and 14,960
fails to prove by a preponderance of the evidence that the 14,961
offender's use or nonuse of a child restraint system was in 14,962
349
accordance with the law of the state of which the offender is a 14,964
resident is guilty of a minor misdemeanor on a first offense; on 14,966
a second or subsequent offense, that person is guilty of a 14,967
misdemeanor of the fourth degree. 14,968
(3) Sixty-five per cent of every fine imposed pursuant to 14,970
division (H)(1) or (2) of this section shall be forwarded to the 14,971
treasurer of state for deposit in the "child highway safety fund" 14,972
created by division (G) of section 4511.81 of the Revised Code. 14,973
The balance of the fine shall be disbursed as otherwise provided 14,974
by law. 14,975
(I) Whoever violates section 4511.202 of the Revised Code 14,977
is guilty of operating a motor vehicle without being in control 14,978
of it, a minor misdemeanor. 14,979
(J) Whoever violates division (B) of section 4511.74, 14,981
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 14,982
section 4511.83 of the Revised Code is guilty of a misdemeanor of 14,983
the first degree. 14,984
(K) Except as otherwise provided in this division, whoever 14,986
violates division (E) of section 4511.11, division (A) or (C) of 14,987
section 4511.17, or section 4511.18 of the Revised Code is guilty 14,988
of a misdemeanor of the third degree. If a violation of division 14,989
(A) or (C) of section 4511.17 of the Revised Code creates a risk 14,990
of physical harm to any person, the offender is guilty of a 14,991
misdemeanor of the first degree. A violation of division (A) or 14,992
(C) of section 4511.17 of the Revised Code that causes serious 14,993
physical harm to property that is owned, leased, or controlled by 14,994
a state or local authority is a felony of the fifth degree. 14,996
(L) Whoever violates division (H) of section 4511.69 of 14,998
the Revised Code shall be punished as follows: 14,999
(1) Except as otherwise provided in division (L)(2) of 15,002
this section, the offender shall be issued a warning. 15,003
(2) If the offender previously has been convicted of or 15,005
pleaded guilty to a violation of division (H) of section 4511.69 15,006
of the Revised Code or of a municipal ordinance that is 15,007
350
substantially similar to that division, the offender shall not be 15,008
issued a warning but shall be fined twenty-five dollars for each 15,009
parking location that is not properly marked or whose markings 15,011
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 15,013
4511.45 of the Revised Code is guilty of a misdemeanor of the 15,014
fourth degree on a first offense; on a second offense within one 15,015
year after the first offense, the person is guilty of a 15,016
misdemeanor of the third degree; and on each subsequent offense 15,017
within one year after the first offense, the person is guilty of 15,018
a misdemeanor of the second degree. 15,019
(N)(1) Whoever violates division (B) of section 4511.19 of 15,022
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 15,023
(a) Except as otherwise provided in division (N)(1)(b) of 15,026
this section, the offender is guilty of a misdemeanor of the 15,028
fourth degree.
(b) If THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE 15,030
THIRD DEGREE IF, within one year of the offense, the offender has 15,031
been convicted of or pleaded guilty to any violation of division 15,032
THE FOLLOWING: 15,033
(i) DIVISION (A) or (B) of section 4511.19 of the Revised 15,036
Code, a;
(ii) A municipal ordinance relating to operating a vehicle 15,039
while under the influence of alcohol, a drug of abuse, or alcohol 15,040
and a drug of abuse, a; 15,041
(iii) A municipal ordinance relating to operating a 15,043
vehicle with a prohibited concentration of alcohol in the blood, 15,045
breath, or urine, section; 15,046
(iv) SECTION 2903.04 of the Revised Code in a case in 15,048
which the offender was subject to the sanctions described in 15,050
division (D) of that section,; 15,051
(v) DIVISION (A)(1) OF SECTION 2903.06 OR DIVISION (A)(1) 15,054
OF SECTION 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 15,055
351
THAT IS SUBSTANTIALLY SIMILAR TO EITHER OF THOSE DIVISIONS; 15,057
(vi) DIVISION (A)(2), (3), OR (4) OF section 2903.06, 15,060
2903.07, or DIVISION (A)(2) OF SECTION 2903.08 of the Revised 15,062
Code or a municipal ordinance that is substantially similar to 15,063
ANY OF THOSE DIVISIONS, OR FORMER section 2903.07 of the Revised 15,064
Code OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE, in a case in 15,066
which the jury or judge found that the offender was under the 15,067
influence of alcohol, a drug of abuse, or alcohol and a drug of 15,068
abuse, or a; 15,069
(vii) A statute of the United States or of any other state 15,072
or a municipal ordinance of a municipal corporation located in 15,073
any other state that is substantially similar to division (A) or 15,074
(B) of section 4511.19 of the Revised Code, the offender is 15,075
guilty of a misdemeanor of the third degree. 15,076
(2) In addition to or independent of all other penalties 15,078
provided by law, the offender's driver's or commercial driver's 15,079
license or permit or nonresident operating privilege shall be 15,080
suspended in accordance with, and for the period of time 15,081
specified in, division (E) of section 4507.16 of the Revised 15,082
Code. 15,083
(O) Whoever violates section 4511.62 of the Revised Code 15,086
is guilty of a misdemeanor of the fourth degree.
(P) Whoever violates division (F)(1)(a) or (b) of section 15,089
4511.69 of the Revised Code is guilty of a misdemeanor and shall 15,092
be fined not less than two hundred fifty nor more than five
hundred dollars, but in no case shall an offender be sentenced to 15,094
any term of imprisonment. 15,095
Arrest or conviction for a violation of division (F)(1)(a) 15,098
or (b) of section 4511.69 of the Revised Code does not constitute 15,100
a criminal record and need not be reported by the person so 15,101
arrested or convicted in response to any inquiries contained in 15,102
any application for employment, license, or other right or 15,103
privilege, or made in connection with the person's appearance as 15,104
a witness. 15,105
352
Every fine collected under this division shall be paid by 15,107
the clerk of the court to the political subdivision in which the 15,108
violation occurred. Except as provided in this division, the 15,109
political subdivision shall use the fine moneys it receives under 15,110
this division to pay the expenses it incurs in complying with the 15,112
signage and notice requirements contained in division (E) of
section 4511.69 of the Revised Code. The political subdivision 15,113
may use up to fifty per cent of each fine it receives under this 15,114
division to pay the costs of educational, advocacy, support, and 15,115
assistive technology programs for persons with disabilities, and 15,116
for public improvements within the political subdivision that 15,117
benefit or assist persons with disabilities, if governmental 15,118
agencies or nonprofit organizations offer the programs. 15,119
Sec. 4715.30. (A) The holder of a certificate or license 15,128
issued under this chapter is subject to disciplinary action by 15,129
the state dental board for any of the following reasons: 15,130
(1) Employing or cooperating in fraud or material 15,132
deception in applying for or obtaining a license or certificate; 15,133
(2) Obtaining or attempting to obtain money or anything of 15,135
value by intentional misrepresentation or material deception in 15,136
the course of practice; 15,137
(3) Advertising services in a false or misleading manner 15,139
or violating the board's rules governing time, place, and manner 15,140
of advertising; 15,141
(4) Conviction of a misdemeanor committed in the course of 15,143
practice or of any felony; 15,144
(5) Engaging in lewd or immoral conduct in connection with 15,146
the provision of dental services; 15,147
(6) Selling, prescribing, giving away, or administering 15,149
drugs for other than legal and legitimate therapeutic purposes, 15,150
or conviction of violating any law of this state or the federal 15,151
government regulating the possession, distribution, or use of any 15,152
drug; 15,153
(7) Providing or allowing dental hygienists or other 15,155
353
practitioners of auxiliary dental occupations working under his 15,156
THE CERTIFICATE OR LICENSE HOLDER'S supervision, or a dentist 15,157
holding a temporary limited continuing education license under 15,159
division (C) of section 4715.16 of the Revised Code working under 15,160
his THE CERTIFICATE OR LICENSE HOLDER'S direct supervision, to 15,161
provide dental care that departs from or fails to conform to 15,162
accepted standards for the profession, whether or not injury to a 15,163
patient results; 15,164
(8) Inability to practice under accepted standards of the 15,166
profession because of physical or mental disability, dependence 15,167
on alcohol or other drugs, or excessive use of alcohol or other 15,168
drugs; 15,169
(9) Violation of any provision of this chapter or any rule 15,171
adopted thereunder; 15,172
(10) Failure to use universal blood and body fluid 15,174
precautions established by rules adopted under section 4715.03 of 15,175
the Revised Code; 15,176
(11) Waiving the payment of all or any part of a 15,178
deductible or copayment that a patient, pursuant to a health 15,179
insurance or health care policy, contract, or plan that covers 15,180
dental services, would otherwise be required to pay if the waiver 15,181
is used as an enticement to a patient or group of patients to
receive health care services from that provider. 15,182
(12) Advertising that he THE CERTIFICATE OR LICENSE HOLDER 15,184
will waive the payment of all or any part of a deductible or 15,186
copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers dental 15,187
services, would otherwise be required to pay. 15,188
(B) A manager, proprietor, operator, or conductor of a 15,190
dental facility shall be subject to disciplinary action if any 15,191
dentist, dental hygienist, or qualified personnel providing 15,192
services in the facility is found to have committed a violation 15,193
listed in division (A) of this section and the manager, 15,194
proprietor, operator, or conductor knew of the violation and 15,195
354
permitted it to occur on a recurring basis. 15,196
(C) Subject to Chapter 119. of the Revised Code, the board 15,198
may take one or more of the following disciplinary actions if one 15,199
or more of the grounds for discipline listed in divisions (A) and 15,200
(B) of this section exist: 15,201
(1) Censure the license or certificate holder; 15,203
(2) Place the license or certificate on probationary 15,205
status for such period of time the board determines necessary and 15,206
require the holder to: 15,207
(a) Report regularly to the board upon the matters which 15,209
are the basis of probation; 15,210
(b) Limit practice to those areas specified by the board; 15,212
(c) Continue or renew professional education until a 15,214
satisfactory degree of knowledge or clinical competency has been 15,215
attained in specified areas. 15,216
(3) Suspend the certificate or license; 15,218
(4) Revoke the certificate or license. 15,220
Where the board places a holder of a license or certificate 15,222
on probationary status pursuant to division (C)(2) of this 15,223
section, the board may subsequently suspend or revoke the license 15,224
or certificate if it determines that the holder has not met the 15,225
requirements of the probation or continues to engage in 15,226
activities that constitute grounds for discipline pursuant to 15,227
division (A) or (B) of this section. 15,228
Any order suspending a license or certificate shall state 15,230
the conditions under which the license or certificate will be 15,231
restored, which may include a conditional restoration during 15,232
which time the holder is in a probationary status pursuant to 15,233
division (C)(2) of this section. The board shall restore the 15,234
license or certificate unconditionally when such conditions are 15,235
met. 15,236
(D) If the physical or mental condition of a license or 15,238
certificate holder is at issue in a disciplinary proceeding, the 15,239
board may order the license or certificate holder to submit to 15,240
355
reasonable examinations by a physician designated or approved by 15,241
the board and at the board's expense. Failure to comply with an 15,242
order for an examination shall be grounds for summary suspension 15,243
of a license or certificate under division (E) of this section. 15,244
(E) If the board has reason to believe that the holder 15,246
represents a clear and immediate danger to the public health and 15,247
safety if he THE HOLDER is allowed to continue to practice, or if 15,249
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 15,250
of the county in which the holder resides for an order 15,251
temporarily suspending the holder's license or certificate, 15,252
without a prior hearing being afforded by the board, until the 15,253
board conducts an adjudication hearing pursuant to Chapter 119. 15,254
of the Revised Code. If the court temporarily suspends a 15,255
holder's license or certificate, the board shall give written 15,256
notice of the suspension personally or by certified mail to the 15,257
license or certificate holder. Such notice shall include 15,258
specific facts and reasons for finding a clear and immediate 15,259
danger to the public health and safety and shall inform the 15,260
license or certificate holder of the right to a hearing pursuant 15,261
to Chapter 119. of the Revised Code. 15,262
(F) Any holder of a certificate or license issued under 15,264
this chapter who has pleaded guilty to, has been convicted of, or 15,265
has had a judicial finding of eligibility for treatment 15,266
INTERVENTION in lieu of conviction entered against him THE HOLDER 15,268
in this state for aggravated murder, murder, voluntary 15,269
manslaughter, felonious assault, kidnapping, rape, sexual 15,270
battery, gross sexual imposition, aggravated arson, aggravated 15,271
robbery, or aggravated burglary, or who has pleaded guilty to, 15,272
has been convicted of, or has had a judicial finding of 15,273
eligibility for treatment OR INTERVENTION in lieu of conviction 15,275
entered against him THE HOLDER in another jurisdiction for any 15,276
substantially equivalent criminal offense, is automatically 15,277
suspended from practice under this chapter in this state and any 15,278
356
certificate or license issued to him THE HOLDER under this 15,279
chapter is automatically suspended, as of the date of the guilty 15,280
plea, conviction, or judicial finding, whether the proceedings 15,281
are brought in this state or another jurisdiction. Continued 15,282
practice by an individual after the suspension of his THE 15,283
INDIVIDUAL'S certificate or license under this division shall be 15,284
considered practicing without a certificate or license. The 15,286
board shall notify the suspended individual of the suspension of 15,287
his THE INDIVIDUAL'S certificate or license under this division 15,288
by certified mail or in person in accordance with section 119.07 15,289
of the Revised Code. If an individual whose certificate or 15,290
license is suspended under this division fails to make a timely 15,291
request for an adjudicatory hearing, the board shall enter a 15,292
final order revoking the individual's certificate or license. 15,293
(G) Notwithstanding divisions (A)(11) and (12) of this 15,295
section, sanctions shall not be imposed against any licensee who 15,296
waives deductibles and copayments: 15,297
(1) In compliance with the health benefit plan that 15,299
expressly allows such a practice. Waiver of the deductibles or 15,300
copays shall be made only with the full knowledge and consent of 15,301
the plan purchaser, payer, and third-party administrator. Such 15,302
consent shall be made available to the board upon request. 15,303
(2) For professional services rendered to any other person 15,305
licensed pursuant to this chapter to the extent allowed by this 15,306
chapter and the rules of the board. 15,307
Sec. 4729.99. (A) Whoever violates section 4729.16, 15,316
division (A) or (B) of section 4729.38, or section 4729.57 of the 15,317
Revised Code is guilty of a minor misdemeanor. Each day's 15,318
violation constitutes a separate offense. 15,319
(B) Whoever violates section 4729.27, 4729.28, or 4729.36 15,321
of the Revised Code is guilty of a misdemeanor of the third 15,322
degree. Each day's violation constitutes a separate offense. If 15,323
the offender previously has been convicted of or pleaded guilty 15,324
to a violation of this chapter, that person is guilty of a 15,326
357
misdemeanor of the second degree. 15,327
(C) Whoever violates section 4729.32, 4729.33, or 4729.34 15,329
of the Revised Code is guilty of a misdemeanor. 15,330
(D) Whoever violates division (A), (B), (D), or (E) of 15,332
section 4729.51 of the Revised Code is guilty of a misdemeanor of 15,333
the first degree. 15,334
(E)(1) Whoever violates section 4729.37, division (C)(2) 15,336
of section 4729.51, division (J) of section 4729.54, or section 15,337
4729.61 of the Revised Code is guilty of a felony of the fifth 15,339
degree. If the offender previously has been convicted of or
pleaded guilty to a violation of this chapter or a violation of 15,340
Chapter 2925. or 3719. of the Revised Code, that person is guilty 15,341
of a felony of the fourth degree. 15,342
(2) If an offender is convicted of or pleads guilty to a 15,344
violation of section 4729.37, division (C) of section 4729.51, 15,345
division (J) of section 4729.54, or section 4729.61 of the 15,346
Revised Code, if the violation involves the sale, offer to sell, 15,348
or possession of a schedule I or II controlled substance, with 15,349
the exception of marihuana, and if the COURT IMPOSING SENTENCE 15,350
UPON THE OFFENDER FINDS THAT THE offender, as a result of the 15,351
violation, is a major drug offender, as defined in section
2929.01 of the Revised Code, AND IS GUILTY OF A SPECIFICATION OF 15,353
THE TYPE DESCRIBED IN SECTION 2941.1410 OF THE REVISED CODE, the 15,354
court that sentences the offender, in lieu of the prison term 15,356
authorized or required by division (E)(1) of this section and 15,357
sections 2929.13 and 2929.14 of the Revised Code and in addition 15,358
to any other sanction imposed for the offense under sections 15,359
2929.11 to 2929.18 of the Revised Code, shall impose upon the 15,360
offender, in accordance with division (D)(3)(a) of section 15,361
2929.14 of the Revised Code, the mandatory prison term specified 15,362
in that division and may impose an additional prison term under 15,364
division (D)(3)(b) of that section. 15,365
(3) Notwithstanding any contrary provision of section 15,367
3719.21 of the Revised Code, the clerk of court shall pay any 15,368
358
fine imposed for a violation of section 4729.37, division (C) of 15,369
section 4729.51, division (J) of section 4729.54, or section 15,371
4729.61 of the Revised Code pursuant to division (A) of section 15,373
2929.18 of the Revised Code in accordance with and subject to the 15,376
requirements of division (F) of section 2925.03 of the Revised 15,378
Code. The agency that receives the fine shall use the fine as 15,380
specified in division (F) of section 2925.03 of the Revised Code. 15,382
(F) Whoever violates section 4729.531 of the Revised Code 15,384
or any rule adopted thereunder or section 4729.532 of the Revised 15,385
Code is guilty of a misdemeanor of the first degree. 15,386
(G) Whoever violates division (C)(1) of section 4729.51 of 15,390
the Revised Code is guilty of a felony of the fourth degree. If 15,392
the offender has previously been convicted of or pleaded guilty 15,393
to a violation of this chapter, or of a violation of Chapter 15,395
2925. or 3719. of the Revised Code, that person is guilty of a 15,396
felony of the third degree. 15,397
(H) Whoever violates division (C)(3) of section 4729.51 of 15,400
the Revised Code is guilty of a misdemeanor of the first degree. 15,401
If the offender has previously been convicted of or pleaded
guilty to a violation of this chapter, or of a violation of 15,402
Chapter 2925. or 3719. of the Revised Code, that person is guilty 15,403
of a felony of the fifth degree. 15,404
Sec. 4730.25. (A) The state medical board, pursuant to an 15,413
adjudication under Chapter 119. of the Revised Code and by a vote 15,415
of not fewer than six members, may revoke or may refuse to grant 15,416
a certificate of registration as a physician assistant to a
person found by the board to have committed fraud, 15,417
misrepresentation, or deception in applying for or securing the 15,418
certificate. 15,419
(B) The board, pursuant to an adjudication under Chapter 15,422
119. of the Revised Code and by a vote of not fewer than six 15,423
members, shall, to the extent permitted by law, limit, revoke, or 15,424
suspend a certificate of registration as a physician assistant, 15,425
refuse to issue a certificate to an applicant, refuse to 15,426
359
reinstate a certificate, or reprimand or place on probation the 15,427
holder of a certificate for any of the following reasons: 15,428
(1) Failure to practice in accordance with the conditions 15,431
under which the supervising physician's supervision agreement 15,432
with the physician assistant was approved, including the 15,433
requirement that when practicing under a particular supervising 15,434
physician, the physician assistant must practice only according 15,435
to the standard or supplemental utilization plan the board 15,436
approved for that physician;
(2) Failure to comply with the requirements of this 15,438
chapter, Chapter 4731. of the Revised Code, or any rules adopted 15,439
by the board; 15,440
(3) Violating or attempting to violate, directly or 15,442
indirectly, or assisting in or abetting the violation of, or 15,443
conspiring to violate, any provision of this chapter, Chapter 15,445
4731. of the Revised Code, or the rules adopted by the board; 15,446
(4) Inability to practice according to acceptable and 15,449
prevailing standards of care by reason of mental illness or 15,450
physical illness, including physical deterioration that adversely 15,451
affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to 15,453
acceptable and prevailing standards of care because of habitual 15,454
or excessive use or abuse of drugs, alcohol, or other substances 15,455
that impair ability to practice; 15,456
(6) Administering drugs for purposes other than those 15,458
authorized under this chapter; 15,459
(7) Willfully betraying a professional confidence; 15,461
(8) Soliciting patients or publishing a false, fraudulent, 15,463
deceptive, or misleading statement. As used in this division, 15,464
"false, fraudulent, deceptive, or misleading statement" means a 15,465
statement that includes a misrepresentation of fact, is likely to 15,466
mislead or deceive because of a failure to disclose material 15,467
facts, is intended or is likely to create false or unjustified 15,468
expectations of favorable results, or includes representations or 15,469
360
implications that in reasonable probability will cause an 15,470
ordinarily prudent person to misunderstand or be deceived. 15,471
(9) Representing, with the purpose of obtaining 15,473
compensation or other advantage personally or for any other 15,474
person, that an incurable disease or injury, or other incurable 15,475
condition, can be permanently cured; 15,476
(10) The obtaining of, or attempting to obtain, money or 15,478
anything of value by fraudulent misrepresentations in the course 15,479
of practice; 15,480
(11) A plea of guilty to, or a judicial finding of guilt 15,482
of, a felony; 15,483
(12) Commission of an act that constitutes a felony in 15,485
this state regardless of the jurisdiction in which the act was 15,486
committed; 15,487
(13) A plea of guilty to, or a judicial finding of guilt 15,489
of, a misdemeanor committed in the course of practice; 15,490
(14) A plea of guilty to, or a judicial finding of guilt 15,492
of, a misdemeanor involving moral turpitude; 15,493
(15) Commission of an act that constitutes a misdemeanor 15,495
in this state regardless of the jurisdiction in which the act was 15,496
committed, if the act was committed in the course of practice; 15,497
(16) Commission of an act that constitutes a misdemeanor 15,500
in this state, regardless of the jurisdiction in which the act 15,501
was committed, if the act involves moral turpitude;
(17) Trafficking in drugs, or a plea of guilty to or a 15,503
judicial finding of guilt of violating any state or federal law 15,504
regulating the possession, distribution, or use of any drug; 15,505
(18) The limitation, revocation, or suspension by another 15,507
state of a license, certificate, or registration to practice 15,508
issued by the proper licensing authority of that state, the 15,509
refusal to license, certify, register, or reinstate an applicant 15,511
by that authority, the imposition of probation by that authority, 15,512
or the issuance of an order of censure or other reprimand by that 15,513
authority for any reason, other than nonpayment of fees; 15,514
361
(19) A departure from, or failure to conform to, minimal 15,517
standards of care of similar physician assistants under the same 15,518
or similar circumstances, regardless of whether actual injury to 15,519
a patient is established;
(20) Violation of the conditions placed by the board on a 15,522
certificate of registration, physician assistant utilization 15,523
plan, or supervision agreement;
(21) Violation of the conditions on which a temporary 15,526
certificate of registration is issued;
(22) Failure to use universal blood and body fluid 15,528
precautions established by rules adopted under section 4731.051 15,529
of the Revised Code. 15,530
(C) For purposes of divisions (B)(12), (15), and (16) of 15,532
this section, the commission of the act may be established by a 15,533
finding by the board, pursuant to an adjudication under Chapter 15,535
119. of the Revised Code, that the applicant or certificate 15,536
holder committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court 15,537
renders a final judgment in the certificate holder's favor and 15,538
that judgment is based upon an adjudication on the merits. The 15,539
board shall have jurisdiction under these divisions in cases 15,540
where the trial court issues an order of dismissal upon technical 15,541
or procedural grounds. 15,542
The sealing of conviction records by any court shall have 15,544
no effect upon a prior board order entered under the provisions 15,545
of this section or upon the board's jurisdiction to take action 15,546
under the provisions of this section if a notice of opportunity 15,547
for hearing has been issued based upon conviction, a plea of 15,548
guilty, or a judicial finding of guilt prior to the court's order 15,549
to seal the records.
(D) For purposes of this division, any individual who 15,552
holds a certificate of registration issued under this chapter, or 15,553
applies for a certificate of registration, shall be deemed to 15,554
have given consent to submit to a mental or physical examination 15,555
362
when directed to do so in writing by the board and to have waived 15,556
all objections to the admissibility of testimony or examination 15,557
reports that constitute a privileged communication. 15,558
(1) In enforcing division (B)(4) of this section, the 15,561
board, upon a showing of a possible violation, may compel any 15,562
individual who holds a certificate of registration issued under 15,563
this chapter or who has applied for a certificate of registration 15,564
pursuant to this chapter to submit to a mental or physical 15,565
examination, or both, as required by and at the expense of the 15,566
board. Failure of any individual to submit to a mental or
physical examination when directed constitutes an admission of 15,567
the allegations against the individual unless the failure is due 15,568
to circumstances beyond the individual's control, and a default 15,569
and final order may be entered without the taking of testimony or 15,570
presentation of evidence. If the board finds a physician 15,571
assistant unable to practice because of the reasons set forth in 15,572
this division, the board shall require the physician assistant to 15,573
submit to care, counseling, or treatment by physicians approved 15,574
or designated by the board, as a condition for an initial, 15,575
continued, reinstated, or renewed certificate of registration. 15,576
An individual affected under this division shall be afforded an 15,577
opportunity to demonstrate to the board the ability to resume 15,578
practicing in compliance with acceptable and prevailing standards 15,579
of care.
(2) For purposes of division (B)(5) of this section, if 15,582
the board has reason to believe that any individual who holds a 15,583
certificate of registration issued under this chapter or any 15,584
applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a 15,585
mental or physical examination, or both. The examination shall 15,586
be at the expense of the board. Any mental or physical 15,587
examination required under this division shall be undertaken by a 15,588
treatment provider or physician qualified to conduct such 15,589
examination and chosen by the board. 15,590
363
Failure of the individual to submit to a mental or physical 15,593
examination ordered by the board constitutes an admission of the 15,594
allegations against the individual unless the failure is due to 15,595
circumstances beyond the individual's control, and a default and 15,596
final order may be entered without the taking of testimony or 15,597
presentation of evidence. If the board determines that the 15,598
individual's ability to practice is impaired, the board shall 15,599
suspend the individual's certificate or deny the individual's
application and shall require the individual, as a condition for 15,601
initial, continued, reinstated, or renewed licensure to practice, 15,602
to submit to treatment. 15,603
Before being eligible to apply for reinstatement of a 15,605
certificate suspended under this division, the physician 15,606
assistant shall demonstrate to the board the ability to resume 15,607
practice in compliance with acceptable and prevailing standards 15,608
of care. The demonstration shall include the following: 15,610
(a) Certification from a treatment provider approved under 15,613
section 4731.25 of the Revised Code that the individual has 15,614
successfully completed any required inpatient treatment; 15,615
(b) Evidence of continuing full compliance with an 15,618
aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's 15,621
ability to practice has been assessed and that the individual has 15,622
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by 15,623
individuals or providers approved by the board for making such 15,624
assessments and shall describe the basis for this determination. 15,625
The board may reinstate a certificate suspended under this 15,628
division after such demonstration and after the individual has 15,629
entered into a written consent agreement.
When the impaired physician assistant resumes practice, the 15,632
board shall require continued monitoring of the physician
assistant, which shall include compliance with the written 15,633
consent agreement entered into before reinstatement or with 15,634
364
conditions imposed by board order after a hearing, and, upon 15,635
termination of the consent agreement, submission to the board for 15,636
at least two years of annual written progress reports made under 15,637
penalty of falsification stating whether the physician assistant 15,638
has maintained sobriety. 15,639
(E) If the secretary and supervising member determine that 15,642
there is clear and convincing evidence that a physician assistant 15,643
has violated division (B) of this section and that the 15,644
individual's continued practice presents a danger of immediate 15,645
and serious harm to the public, they may recommend that the board 15,646
suspend the individual's certificate to practice without a prior 15,648
hearing. Written allegations shall be prepared for consideration 15,649
by the board members.
The board, upon review of those allegations and by a vote 15,652
of not fewer than six of its members, excluding the secretary and 15,653
supervising member, may suspend a certificate without a prior 15,654
hearing. A telephone conference call may be utilized for 15,655
reviewing the allegations and taking the vote.
The board shall issue a written order of suspension by 15,657
certified mail or in person in accordance with section 119.07 of 15,658
the Revised Code. The order shall not be subject to suspension 15,660
by the court during pendency of any appeal filed under section 15,661
119.12 of the Revised Code. If the physician assistant requests 15,662
an adjudicatory hearing by the board, the date set for the 15,663
hearing shall be within fifteen days, but not earlier than seven 15,664
days, after the physician assistant requests the hearing, unless 15,665
otherwise agreed to by both the board and the certificate holder. 15,666
A summary suspension imposed under this division shall 15,668
remain in effect, unless reversed on appeal, until a final 15,669
adjudicative order issued by the board pursuant to this section 15,670
and Chapter 119. of the Revised Code becomes effective. The 15,672
board shall issue its final adjudicative order within sixty days 15,673
after completion of its hearing. Failure to issue the order 15,674
within sixty days shall result in dissolution of the summary 15,675
365
suspension order, but shall not invalidate any subsequent, final 15,676
adjudicative order.
(F) If the board should take action under division 15,679
(B)(11), (13), or (14) of this section, and the conviction, 15,680
judicial finding of guilt, or guilty plea is overturned on 15,681
appeal, upon exhaustion of the criminal appeal, a petition for 15,682
reconsideration of the order may be filed with the board along 15,683
with appropriate court documents. Upon receipt of a petition and 15,684
supporting court documents, the board shall reinstate the 15,685
petitioner's certificate. The board may then hold an 15,686
adjudication to determine whether the individual committed the 15,687
act in question. Notice of opportunity for hearing shall be 15,688
given in accordance with Chapter 119. of the Revised Code. If 15,689
the board finds, pursuant to an adjudication held under this 15,691
division, that the individual committed the act, or if no hearing 15,692
is requested, it may order any of the sanctions identified under 15,693
division (B) of this section.
(G) The certificate of registration of a physician 15,695
assistant and the physician assistant's practice in this state 15,696
are automatically suspended as of the date the physician 15,697
assistant pleads guilty to, is found by a judge or jury to be 15,698
guilty of, or is subject to a judicial finding of eligibility for 15,699
INTERVENTION IN LIEU OF CONVICTION IN THIS STATE OR treatment OR 15,700
INTERVENTION in lieu of conviction IN ANOTHER STATE for either of 15,701
the following:
(1) In this state, aggravated murder, murder, voluntary 15,703
manslaughter, felonious assault, kidnapping, rape, sexual 15,704
battery, gross sexual imposition, aggravated arson, aggravated 15,705
robbery, or aggravated burglary; 15,706
(2) In another jurisdiction, any criminal offense 15,709
substantially equivalent to those specified in division (G)(1) of 15,710
this section.
Continued practice after the suspension shall be considered 15,713
practicing without a certificate. The board shall notify the 15,714
366
individual subject to the suspension by certified mail or in 15,715
person in accordance with section 119.07 of the Revised Code. If 15,716
an individual whose certificate is suspended under this division 15,717
fails to make a timely request for an adjudicatory hearing, the 15,718
board shall enter a final order revoking the certificate. 15,719
(H) In any instance in which the board is required by 15,721
Chapter 119. of the Revised Code to give notice of opportunity 15,723
for hearing and the applicant or certificate holder does not 15,724
timely request a hearing in accordance with section 119.07 of the 15,725
Revised Code, the board is not required to hold a hearing, but 15,726
may adopt, by a vote of not fewer than six of its members, a 15,727
final order that contains the board's findings. In that final 15,728
order, the board may order any of the sanctions identified under 15,729
division (B) of this section.
(I) Any action taken by the board under division (B) of 15,732
this section resulting in a suspension shall be accompanied by a 15,733
written statement of the conditions under which the physician 15,734
assistant may be reinstated. The board shall adopt rules in 15,735
accordance with Chapter 119. of the Revised Code governing 15,737
conditions to be imposed for reinstatement. Reinstatement of a 15,738
certificate suspended pursuant to division (B) of this section 15,739
requires an affirmative vote of not fewer than six members of the 15,740
board.
(J) An individual's failure to renew a certificate of 15,742
registration as a physician assistant shall have no effect on the 15,743
board's jurisdiction to take any action under this section 15,744
against the individual.
(K) Notwithstanding any other provision of the Revised 15,747
Code, the surrender of a certificate of registration as a 15,748
physician assistant issued under this chapter is not effective 15,749
until accepted by the board. Reinstatement of a certificate 15,750
surrendered to the board requires an affirmative vote of not 15,751
fewer than six members of the board.
Notwithstanding any other provision of the Revised Code, no 15,754
367
application made under this chapter for a certificate of 15,755
registration, approval of a standard or supplemental utilization 15,756
plan, or approval of a supervision agreement may be withdrawn 15,757
without approval of the board.
Sec. 4731.22. (A) The state medical board, by an 15,767
affirmative vote of not fewer than six of its members, may revoke 15,768
or may refuse to grant a certificate to a person found by the 15,769
board to have committed fraud during the administration of the 15,770
examination for a certificate to practice or to have committed 15,772
fraud, misrepresentation, or deception in applying for or 15,773
securing any certificate to practice or certificate of
registration issued by the board. 15,774
(B) The board, by an affirmative vote of not fewer than 15,777
six members, shall, to the extent permitted by law, limit, 15,778
revoke, or suspend an individual's certificate to practice, 15,780
refuse to register an individual, refuse to reinstate a 15,782
certificate, or reprimand or place on probation the holder of a 15,784
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 15,786
or certificate of registration to be used by a person, group, or 15,788
corporation when the individual concerned is not actually 15,789
directing the treatment given; 15,790
(2) Failure to maintain minimal standards applicable to 15,793
the selection or administration of drugs, or failure to employ 15,794
acceptable scientific methods in the selection of drugs or other 15,795
modalities for treatment of disease; 15,796
(3) Selling, giving away, personally furnishing, 15,798
prescribing, or administering drugs for other than legal and 15,799
legitimate therapeutic purposes or a plea of guilty to, a 15,801
judicial finding of guilt of, or a judicial finding of 15,802
eligibility for treatment in lieu of conviction of, a violation 15,804
of any federal or state law regulating the possession,
distribution, or use of any drug; 15,805
(4) Willfully betraying a professional confidence. 15,807
368
For purposes of this division, "willfully betraying a 15,809
professional confidence" does not include the making of a report 15,810
of an employee's use of a drug of abuse, or a report of a 15,811
condition of an employee other than one involving the use of a 15,812
drug of abuse, to the employer of the employee as described in 15,813
division (B) of section 2305.33 of the Revised Code. Nothing in 15,815
this division affects the immunity from civil liability conferred 15,817
by that section upon a physician who makes either type of report 15,818
in accordance with division (B) of that section. As used in this 15,819
division, "employee," "employer," and "physician" have the same 15,820
meanings as in section 2305.33 of the Revised Code. 15,821
(5) Making a false, fraudulent, deceptive, or misleading 15,824
statement in the solicitation of or advertising for patients; in 15,826
relation to the practice of medicine and surgery, osteopathic 15,827
medicine and surgery, podiatry, or a limited branch of medicine; 15,828
or in securing or attempting to secure any certificate to 15,830
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 15,832
misleading statement" means a statement that includes a 15,833
misrepresentation of fact, is likely to mislead or deceive 15,834
because of a failure to disclose material facts, is intended or 15,835
is likely to create false or unjustified expectations of 15,836
favorable results, or includes representations or implications 15,837
that in reasonable probability will cause an ordinarily prudent 15,838
person to misunderstand or be deceived. 15,839
(6) A departure from, or the failure to conform to, 15,841
minimal standards of care of similar practitioners under the same 15,842
or similar circumstances, whether or not actual injury to a 15,843
patient is established; 15,844
(7) Representing, with the purpose of obtaining 15,846
compensation or other advantage as personal gain or for any other 15,848
person, that an incurable disease or injury, or other incurable 15,849
condition, can be permanently cured; 15,850
(8) The obtaining of, or attempting to obtain, money or 15,852
369
anything of value by fraudulent misrepresentations in the course 15,853
of practice; 15,854
(9) A plea of guilty to, a judicial finding of guilt of, 15,857
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 15,858
(10) Commission of an act that constitutes a felony in 15,860
this state, regardless of the jurisdiction in which the act was 15,861
committed; 15,862
(11) A plea of guilty to, a judicial finding of guilt of, 15,865
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 15,866
practice;
(12) Commission of an act in the course of practice that 15,868
constitutes a misdemeanor in this state, regardless of the 15,870
jurisdiction in which the act was committed; 15,871
(13) A plea of guilty to, a judicial finding of guilt of, 15,874
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 15,875
(14) Commission of an act involving moral turpitude that 15,877
constitutes a misdemeanor in this state, regardless of the 15,879
jurisdiction in which the act was committed; 15,880
(15) Violation of the conditions of limitation placed by 15,882
the board upon a certificate to practice; 15,883
(16) Failure to pay license renewal fees specified in this 15,885
chapter; 15,886
(17) Except as authorized in section 4731.31 of the 15,888
Revised Code, engaging in the division of fees for referral of 15,890
patients, or the receiving of a thing of value in return for a 15,891
specific referral of a patient to utilize a particular service or 15,892
business;
(18) Subject to section 4731.226 of the Revised Code, 15,894
violation of any provision of a code of ethics of the American 15,896
medical association, the American osteopathic association, the 15,897
American podiatric medical association, or any other national 15,898
370
professional organizations that the board specifies by rule. The 15,900
state medical board shall obtain and keep on file current copies 15,901
of the codes of ethics of the various national professional 15,902
organizations. The individual whose certificate is being 15,903
suspended or revoked shall not be found to have violated any 15,905
provision of a code of ethics of an organization not appropriate 15,906
to the individual's profession. 15,907
For purposes of this division, a "provision of a code of 15,910
ethics of a national professional organization" does not include 15,911
any provision that would preclude the making of a report by a 15,912
physician of an employee's use of a drug of abuse, or of a 15,913
condition of an employee other than one involving the use of a 15,914
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 15,916
this division affects the immunity from civil liability conferred 15,917
by that section upon a physician who makes either type of report 15,918
in accordance with division (B) of that section. As used in this 15,919
division, "employee," "employer," and "physician" have the same 15,920
meanings as in section 2305.33 of the Revised Code. 15,921
(19) Inability to practice according to acceptable and 15,923
prevailing standards of care by reason of mental illness or 15,924
physical illness, including, but not limited to, physical 15,925
deterioration that adversely affects cognitive, motor, or 15,926
perceptive skills. 15,927
In enforcing this division, the board, upon a showing of a 15,930
possible violation, may compel any individual authorized to 15,931
practice by this chapter or who has submitted an application 15,933
pursuant to this chapter to submit to a mental examination, 15,935
physical examination, including an HIV test, or both a mental and 15,937
a physical examination. The expense of the examination is the 15,939
responsibility of the individual compelled to be examined. 15,940
Failure to submit to a mental or physical examination or consent 15,941
to an HIV test ordered by the board constitutes an admission of 15,942
the allegations against the individual unless the failure is due 15,944
371
to circumstances beyond the individual's control, and a default 15,945
and final order may be entered without the taking of testimony or 15,946
presentation of evidence. If the board finds an individual 15,947
unable to practice because of the reasons set forth in this 15,949
division, the board shall require the individual to submit to 15,950
care, counseling, or treatment by physicians approved or 15,951
designated by the board, as a condition for initial, continued, 15,952
reinstated, or renewed authority to practice. An individual 15,954
affected under this division shall be afforded an opportunity to 15,956
demonstrate to the board the ability to resume practice in 15,957
compliance with acceptable and prevailing standards under the 15,958
provisions of the individual's certificate. For the purpose of 15,960
this division, any individual who applies for or receives a 15,961
certificate to practice under this chapter accepts the privilege 15,962
of practicing in this state and, by so doing, shall be deemed to 15,965
have given consent to submit to a mental or physical examination 15,966
when directed to do so in writing by the board, and to have 15,967
waived all objections to the admissibility of testimony or 15,968
examination reports that constitute a privileged communication. 15,969
(20) Except when civil penalties are imposed under section 15,971
4731.225 or 4731.281 of the Revised Code, and subject to section 15,972
4731.226 of the Revised Code, violating or attempting to violate, 15,974
directly or indirectly, or assisting in or abetting the violation 15,975
of, or conspiring to violate, any provisions of this chapter or 15,976
any rule promulgated by the board.
This division does not apply to a violation or attempted 15,978
violation of, assisting in or abetting the violation of, or a 15,979
conspiracy to violate, any provision of this chapter or any rule 15,980
adopted by the board that would preclude the making of a report 15,983
by a physician of an employee's use of a drug of abuse, or of a 15,984
condition of an employee other than one involving the use of a 15,985
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 15,987
this division affects the immunity from civil liability conferred 15,988
372
by that section upon a physician who makes either type of report 15,989
in accordance with division (B) of that section. As used in this 15,990
division, "employee," "employer," and "physician" have the same 15,991
meanings as in section 2305.33 of the Revised Code. 15,992
(21) The violation of any abortion rule adopted by the 15,994
public health council pursuant to section 3701.341 of the Revised 15,995
Code; 15,996
(22) Any of the following actions taken by the state 15,998
agency responsible for regulating the practice of medicine and 15,999
surgery, osteopathic medicine and surgery, podiatry, or the 16,000
limited branches of medicine in another state, for any reason 16,001
other than the nonpayment of fees: the limitation, revocation, 16,002
or suspension of an individual's license to practice; acceptance 16,003
of an individual's license surrender; denial of a license; 16,004
refusal to renew or reinstate a license; imposition of probation; 16,006
or issuance of an order of censure or other reprimand; 16,007
(23) The violation of section 2919.12 of the Revised Code 16,009
or the performance or inducement of an abortion upon a pregnant 16,010
woman with actual knowledge that the conditions specified in 16,011
division (B) of section 2317.56 of the Revised Code have not been 16,012
satisfied or with a heedless indifference as to whether those 16,013
conditions have been satisfied, unless an affirmative defense as 16,014
specified in division (H)(2) of that section would apply in a 16,015
civil action authorized by division (H)(1) of that section; 16,016
(24) The revocation, suspension, restriction, reduction, 16,018
or termination of clinical privileges by the United States 16,020
department of defense or department of veterans affairs or the 16,022
termination or suspension of a certificate of registration to 16,023
prescribe drugs by the drug enforcement administration of the 16,024
United States department of justice; 16,025
(25) Termination or suspension from participation in the 16,027
medicare or medicaid programs by the department of health and 16,029
human services or other responsible agency for any act or acts 16,030
that also would constitute a violation of division (B)(2), (3), 16,031
373
(6), (8), or (19) of this section; 16,032
(26) Impairment of ability to practice according to 16,034
acceptable and prevailing standards of care because of habitual 16,035
or excessive use or abuse of drugs, alcohol, or other substances 16,036
that impair ability to practice. 16,037
For the purposes of this division, any individual 16,039
authorized to practice by this chapter accepts the privilege of 16,041
practicing in this state subject to supervision by the board. By 16,042
filing an application for or holding a certificate to practice 16,045
under this chapter, an individual shall be deemed to have given 16,047
consent to submit to a mental or physical examination when 16,048
ordered to do so by the board in writing, and to have waived all 16,049
objections to the admissibility of testimony or examination 16,050
reports that constitute privileged communications. 16,051
If it has reason to believe that any individual authorized 16,053
to practice by this chapter or any applicant for certification to 16,055
practice suffers such impairment, the board may compel the 16,056
individual to submit to a mental or physical examination, or 16,057
both. The expense of the examination is the responsibility of 16,059
the individual compelled to be examined. Any mental or physical 16,061
examination required under this division shall be undertaken by a 16,062
treatment provider or physician who is qualified to conduct the 16,063
examination and who is chosen by the board. 16,064
Failure to submit to a mental or physical examination 16,067
ordered by the board constitutes an admission of the allegations 16,068
against the individual unless the failure is due to circumstances 16,069
beyond the individual's control, and a default and final order 16,070
may be entered without the taking of testimony or presentation of 16,071
evidence. If the board determines that the individual's ability 16,072
to practice is impaired, the board shall suspend the individual's 16,073
certificate or deny the individual's application and shall 16,074
require the individual, as a condition for initial, continued, 16,075
reinstated, or renewed certification to practice, to submit to 16,077
treatment.
374
Before being eligible to apply for reinstatement of a 16,079
certificate suspended under this division, the impaired 16,081
practitioner shall demonstrate to the board the ability to resume 16,083
practice in compliance with acceptable and prevailing standards 16,084
of care under the provisions of the practitioner's certificate. 16,085
The demonstration shall include, but shall not be limited to, the 16,087
following:
(a) Certification from a treatment provider approved under 16,089
section 4731.25 of the Revised Code that the individual has 16,091
successfully completed any required inpatient treatment; 16,092
(b) Evidence of continuing full compliance with an 16,094
aftercare contract or consent agreement; 16,095
(c) Two written reports indicating that the individual's 16,097
ability to practice has been assessed and that the individual has 16,098
been found capable of practicing according to acceptable and 16,099
prevailing standards of care. The reports shall be made by 16,100
individuals or providers approved by the board for making the 16,101
assessments and shall describe the basis for their determination. 16,102
The board may reinstate a certificate suspended under this 16,105
division after that demonstration and after the individual has 16,106
entered into a written consent agreement. 16,107
When the impaired practitioner resumes practice, the board 16,109
shall require continued monitoring of the individual. The 16,111
monitoring shall include, but not be limited to, compliance with 16,113
the written consent agreement entered into before reinstatement 16,114
or with conditions imposed by board order after a hearing, and, 16,115
upon termination of the consent agreement, submission to the 16,116
board for at least two years of annual written progress reports 16,117
made under penalty of perjury stating whether the individual has 16,118
maintained sobriety. 16,119
(27) A second or subsequent violation of section 4731.66 16,121
or 4731.69 of the Revised Code; 16,122
(28) Except as provided in division (N) of this section: 16,124
(a) Waiving the payment of all or any part of a deductible 16,127
375
or copayment that a patient, pursuant to a health insurance or 16,128
health care policy, contract, or plan that covers the 16,129
individual's services, otherwise would be required to pay if the 16,131
waiver is used as an enticement to a patient or group of patients 16,132
to receive health care services from that individual; 16,133
(b) Advertising that the individual will waive the payment 16,136
of all or any part of a deductible or copayment that a patient, 16,137
pursuant to a health insurance or health care policy, contract, 16,138
or plan that covers the individual's services, otherwise would be 16,140
required to pay. 16,141
(29) Failure to use universal blood and body fluid 16,143
precautions established by rules adopted under section 4731.051 16,144
of the Revised Code; 16,145
(30) Failure of a collaborating physician to perform the 16,148
responsibilities agreed to by the physician in the protocol 16,149
established between the physician and an advanced practice nurse 16,150
in accordance with section 4723.56 of the Revised Code; 16,151
(31) Failure to provide notice to, and receive 16,153
acknowledgment of the notice from, a patient when required by 16,155
section 4731.143 of the Revised Code prior to providing 16,156
nonemergency professional services, or failure to maintain that 16,157
notice in the patient's file;
(32) Failure of a physician supervising a physician 16,159
assistant to maintain supervision in accordance with the 16,160
requirements of Chapter 4730. of the Revised Code and the rules 16,161
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 16,163
standard care arrangement with a clinical nurse specialist, 16,164
certified nurse-midwife, or certified nurse practitioner with 16,165
whom the physician or podiatrist is in collaboration pursuant to 16,166
section 4731.27 of the Revised Code and practice in accordance 16,167
with the arrangement;
(34) Failure to comply with the terms of a consult 16,169
agreement entered into with a pharmacist pursuant to section 16,170
376
4729.39 of the Revised Code; 16,171
(35) Failure to cooperate in an investigation conducted by 16,173
the board under division (F) of this section, including failure 16,175
to comply with a subpoena or order issued by the board or failure 16,176
to answer truthfully a question presented by the board at a 16,177
deposition or in written interrogatories, except that failure to 16,178
cooperate with an investigation shall not constitute grounds for 16,179
discipline under this section if a court of competent 16,180
jurisdiction has issued an order that either quashes a subpoena 16,181
or permits the individual to withhold the testimony or evidence 16,182
in issue.
(C) Disciplinary actions taken by the board under 16,184
divisions (A) and (B) of this section shall be taken pursuant to 16,185
an adjudication under Chapter 119. of the Revised Code, except 16,186
that in lieu of an adjudication, the board may enter into a 16,187
consent agreement with an individual to resolve an allegation of 16,188
a violation of this chapter or any rule adopted under it. A 16,189
consent agreement, when ratified by an affirmative vote of not 16,190
fewer than six members of the board, shall constitute the 16,191
findings and order of the board with respect to the matter 16,192
addressed in the agreement. If the board refuses to ratify a 16,193
consent agreement, the admissions and findings contained in the 16,194
consent agreement shall be of no force or effect. 16,195
(D) For purposes of divisions (B)(10), (12), and (14) of 16,197
this section, the commission of the act may be established by a 16,198
finding by the board, pursuant to an adjudication under Chapter 16,200
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 16,203
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 16,206
The board has jurisdiction under those divisions if the trial 16,207
court issues an order of dismissal upon technical or procedural 16,208
grounds.
(E) The sealing of conviction records by any court shall 16,210
377
have no effect upon a prior board order entered under this 16,211
section or upon the board's jurisdiction to take action under 16,212
this section if, based upon a plea of guilty, a judicial finding 16,214
of guilt, or a judicial finding of eligibility for treatment in 16,215
lieu of conviction, the board issued a notice of opportunity for 16,216
a hearing prior to the court's order to seal the records. The 16,217
board shall not be required to seal, destroy, redact, or 16,218
otherwise modify its records to reflect the court's sealing of 16,219
conviction records. 16,220
(F)(1) The board shall investigate evidence that appears 16,222
to show that a person has violated any provision of this chapter 16,224
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 16,226
appears to show a violation of any provision of this chapter or 16,227
any rule adopted under it. In the absence of bad faith, any 16,229
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 16,231
of the Revised Code shall not be liable in damages in a civil 16,232
action as a result of the report or testimony. Each complaint or 16,234
allegation of a violation received by the board shall be assigned 16,235
a case number and shall be recorded by the board. 16,236
(2) Investigations of alleged violations of this chapter 16,238
or any rule adopted under it shall be supervised by the 16,240
supervising member elected by the board in accordance with 16,241
section 4731.02 of the Revised Code and by the secretary as 16,242
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 16,244
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 16,246
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 16,249
or any rule adopted under this chapter, the board may administer 16,251
oaths, order the taking of depositions, issue subpoenas, and 16,252
compel the attendance of witnesses and production of books, 16,253
378
accounts, papers, records, documents, and testimony, except that 16,254
a subpoena for patient record information shall not be issued 16,255
without consultation with the attorney general's office and 16,256
approval of the secretary and supervising member of the board. 16,258
Before issuance of a subpoena for patient record information, the 16,259
secretary and supervising member shall determine whether there is 16,262
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 16,263
the records sought are relevant to the alleged violation and 16,265
material to the investigation. The subpoena may apply only to 16,266
records that cover a reasonable period of time surrounding the 16,267
alleged violation. 16,268
On failure to comply with any subpoena issued by the board 16,271
and after reasonable notice to the person being subpoenaed, the 16,272
board may move for an order compelling the production of persons 16,273
or records pursuant to the Rules of Civil Procedure. 16,274
A subpoena issued by the board may be served by a sheriff, 16,276
the sheriff's deputy, or a board employee designated by the 16,277
board. Service of a subpoena issued by the board may be made by 16,279
delivering a copy of the subpoena to the person named therein, 16,280
reading it to the person, or leaving it at the person's usual 16,281
place of residence. When the person being served is a person 16,282
whose practice is authorized by this chapter, service of the 16,283
subpoena may be made by certified mail, restricted delivery, 16,284
return receipt requested, and the subpoena shall be deemed served 16,285
on the date delivery is made or the date the person refuses to 16,286
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 16,288
same fees as a sheriff. Each witness who appears before the 16,290
board in obedience to a subpoena shall receive the fees and 16,292
mileage provided for witnesses in civil cases in the courts of 16,293
common pleas.
(4) All hearings and investigations of the board shall be 16,295
considered civil actions for the purposes of section 2305.251 of 16,296
379
the Revised Code. 16,297
(5) Information received by the board pursuant to an 16,299
investigation is confidential and not subject to discovery in any 16,300
civil action. 16,301
The board shall conduct all investigations and proceedings 16,303
in a manner that protects the confidentiality of patients and 16,305
persons who file complaints with the board. The board shall not 16,307
make public the names or any other identifying information about 16,308
patients or complainants unless proper consent is given or, in 16,309
the case of a patient, a waiver of the patient privilege exists 16,310
under division (B) of section 2317.02 of the Revised Code, except 16,311
that consent or a waiver of that nature is not required if the 16,312
board possesses reliable and substantial evidence that no bona 16,314
fide physician-patient relationship exists. 16,315
The board may share any information it receives pursuant to 16,318
an investigation, including patient records and patient record 16,319
information, with other licensing boards and governmental 16,320
agencies that are investigating alleged professional misconduct 16,321
and with law enforcement agencies and other governmental agencies 16,323
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 16,324
the same requirements regarding confidentiality as those with 16,325
which the state medical board must comply, notwithstanding any 16,326
conflicting provision of the Revised Code or procedure of the 16,328
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 16,330
admitted into evidence in a criminal trial in accordance with the 16,331
Rules of Evidence, but the court shall require that appropriate 16,332
measures are taken to ensure that confidentiality is maintained 16,333
with respect to any part of the information that contains names 16,334
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 16,335
when the information was in the board's possession. Measures to 16,336
ensure confidentiality that may be taken by the court include 16,337
380
sealing its records or deleting specific information from its 16,339
records.
(6) On a quarterly basis, the board shall prepare a report 16,341
that documents the disposition of all cases during the preceding 16,342
three months. The report shall contain the following information 16,343
for each case with which the board has completed its activities: 16,344
(a) The case number assigned to the complaint or alleged 16,346
violation; 16,347
(b) The type of certificate to practice, if any, held by 16,350
the individual against whom the complaint is directed; 16,351
(c) A description of the allegations contained in the 16,353
complaint; 16,354
(d) The disposition of the case. 16,356
The report shall state how many cases are still pending and 16,359
shall be prepared in a manner that protects the identity of each 16,361
person involved in each case. The report shall be a public 16,362
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 16,364
there is clear and convincing evidence that an individual has 16,366
violated division (B) of this section and that the individual's 16,367
continued practice presents a danger of immediate and serious 16,369
harm to the public, they may recommend that the board suspend the 16,370
individual's certificate to practice without a prior hearing. 16,372
Written allegations shall be prepared for consideration by the
board. 16,373
The board, upon review of those allegations and by an 16,375
affirmative vote of not fewer than six of its members, excluding 16,377
the secretary and supervising member, may suspend a certificate 16,378
without a prior hearing. A telephone conference call may be 16,379
utilized for reviewing the allegations and taking the vote on the 16,380
summary suspension. 16,381
The board shall issue a written order of suspension by 16,383
certified mail or in person in accordance with section 119.07 of 16,384
the Revised Code. The order shall not be subject to suspension 16,386
381
by the court during pendency of any appeal filed under section 16,387
119.12 of the Revised Code. If the individual subject to the 16,389
summary suspension requests an adjudicatory hearing by the board, 16,390
the date set for the hearing shall be within fifteen days, but 16,391
not earlier than seven days, after the individual requests the 16,393
hearing, unless otherwise agreed to by both the board and the 16,394
individual.
Any summary suspension imposed under this division shall 16,396
remain in effect, unless reversed on appeal, until a final 16,397
adjudicative order issued by the board pursuant to this section 16,398
and Chapter 119. of the Revised Code becomes effective. The 16,399
board shall issue its final adjudicative order within sixty days 16,400
after completion of its hearing. A failure to issue the order 16,401
within sixty days shall result in dissolution of the summary 16,402
suspension order but shall not invalidate any subsequent, final 16,403
adjudicative order. 16,404
(H) If the board takes action under division (B)(9), (11), 16,407
or (13) of this section and the judicial finding of guilt, guilty 16,408
plea, or judicial finding of eligibility for treatment in lieu of 16,409
conviction is overturned on appeal, upon exhaustion of the 16,411
criminal appeal, a petition for reconsideration of the order may 16,412
be filed with the board along with appropriate court documents. 16,413
Upon receipt of a petition of that nature and supporting court 16,414
documents, the board shall reinstate the individual's certificate 16,415
to practice. The board may then hold an adjudication under 16,416
Chapter 119. of the Revised Code to determine whether the 16,417
individual committed the act in question. Notice of an 16,419
opportunity for a hearing shall be given in accordance with 16,420
Chapter 119. of the Revised Code. If the board finds, pursuant 16,421
to an adjudication held under this division, that the individual 16,422
committed the act or if no hearing is requested, the board may 16,424
order any of the sanctions identified under division (B) of this 16,425
section.
(I) The certificate to practice issued to an individual 16,427
382
under this chapter and the individual's practice in this state 16,429
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 16,431
subject to a judicial finding of eligibility for INTERVENTION IN 16,432
LIEU OF CONVICTION IN THIS STATE OR treatment OR INTERVENTION in 16,433
lieu of conviction IN ANOTHER STATE for any of the following 16,435
criminal offenses in this state or a substantially equivalent 16,437
criminal offense in another jurisdiction: aggravated murder, 16,438
murder, voluntary manslaughter, felonious assault, kidnapping, 16,439
rape, sexual battery, gross sexual imposition, aggravated arson, 16,440
aggravated robbery, or aggravated burglary. Continued practice 16,442
after suspension shall be considered practicing without a 16,443
certificate.
The board shall notify the individual subject to the 16,446
suspension by certified mail or in person in accordance with 16,447
section 119.07 of the Revised Code. If an individual whose 16,448
certificate is suspended under this division fails to make a 16,449
timely request for an adjudication under Chapter 119. of the 16,450
Revised Code, the board shall enter a final order permanently 16,451
revoking the individual's certificate to practice. 16,452
(J) If the board is required by Chapter 119. of the 16,455
Revised Code to give notice of an opportunity for a hearing and 16,456
if the individual subject to the notice does not timely request a 16,457
hearing in accordance with section 119.07 of the Revised Code, 16,459
the board is not required to hold a hearing, but may adopt, by an 16,460
affirmative vote of not fewer than six of its members, a final 16,462
order that contains the board's findings. In that final order, 16,463
the board may order any of the sanctions identified under 16,464
division (A) or (B) of this section. 16,465
(K) Any action taken by the board under division (B) of 16,467
this section resulting in a suspension from practice shall be 16,468
accompanied by a written statement of the conditions under which 16,469
the individual's certificate to practice may be reinstated. The 16,471
board shall adopt rules governing conditions to be imposed for 16,472
383
reinstatement. Reinstatement of a certificate suspended pursuant 16,473
to division (B) of this section requires an affirmative vote of 16,474
not fewer than six members of the board. 16,475
(L) When the board refuses to grant a certificate to an 16,478
applicant, revokes an individual's certificate to practice, 16,480
refuses to register an applicant, or refuses to reinstate an 16,481
individual's certificate to practice, the board may specify that 16,482
its action is permanent. An individual subject to a permanent 16,483
action taken by the board is forever thereafter ineligible to 16,484
hold a certificate to practice and the board shall not accept an 16,485
application for reinstatement of the certificate or for issuance 16,486
of a new certificate.
(M) Notwithstanding any other provision of the Revised 16,488
Code, all of the following apply: 16,489
(1) The surrender of a certificate issued under this 16,491
chapter shall not be effective unless or until accepted by the 16,493
board. Reinstatement of a certificate surrendered to the board 16,494
requires an affirmative vote of not fewer than six members of the 16,495
board.
(2) An application for a certificate made under the 16,498
provisions of this chapter may not be withdrawn without approval 16,500
of the board.
(3) Failure by an individual to renew a certificate of 16,503
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 16,505
under this section against the individual. 16,506
(N) Sanctions shall not be imposed under division (B)(28) 16,509
of this section against any person who waives deductibles and 16,510
copayments as follows:
(1) In compliance with the health benefit plan that 16,512
expressly allows such a practice. Waiver of the deductibles or 16,513
copayments shall be made only with the full knowledge and consent 16,514
of the plan purchaser, payer, and third-party administrator. 16,515
Documentation of the consent shall be made available to the board 16,516
384
upon request.
(2) For professional services rendered to any other person 16,518
authorized to practice pursuant to this chapter, to the extent 16,520
allowed by this chapter and rules adopted by the board. 16,521
(O) Under the board's investigative duties described in 16,523
this section and subject to division (F) of this section, the 16,525
board shall develop and implement a quality intervention program 16,527
designed to improve through remedial education the clinical and 16,529
communication skills of individuals authorized under this chapter 16,530
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 16,532
quality intervention program, the board may do all of the 16,533
following:
(1) Offer in appropriate cases as determined by the board 16,535
an educational and assessment program pursuant to an 16,536
investigation the board conducts under this section; 16,537
(2) Select providers of educational and assessment 16,539
services, including a quality intervention program panel of case 16,540
reviewers;
(3) Make referrals to educational and assessment service 16,543
providers and approve individual educational programs recommended 16,544
by those providers. The board shall monitor the progress of each 16,545
individual undertaking a recommended individual educational 16,546
program. 16,547
(4) Determine what constitutes successful completion of an 16,549
individual educational program and require further monitoring of 16,550
the individual who completed the program or other action that the 16,552
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 16,554
Revised Code to further implement the quality intervention 16,556
program.
An individual who participates in an individual educational 16,559
program pursuant to this division shall pay the financial 16,560
obligations arising from that educational program. 16,561
385
Sec. 4953.11. The officers and agents (A) AN OFFICER OR 16,570
AGENT of a union terminal company shall have the same authority 16,573
to arrest and bring to justice pickpockets, thieves, persons who
violate WHO HAS PROBABLE CAUSE TO BELIEVE THAT A PERSON IS A 16,574
PICKPOCKET, IS A THIEF, HAS VIOLATED the public peace, persons 16,575
who violate any rules and regulations HAS VIOLATED ANY RULE OR 16,576
REGULATION posted as provided by section 4953.07 of the Revised 16,579
Code, and persons who commit crimes and misdemeanors OR HAS 16,580
COMMITTED ANY CRIME OR MISDEMEANOR on the depot grounds, as 16,581
constables possess within their respective townships MAY DETAIN 16,583
THE PERSON IN A REASONABLE MANNER AND FOR A REASONABLE LENGTH OF 16,584
TIME WITHIN THE PROPERTY OF THE UNION TERMINAL COMPANY, FOR THE 16,585
PURPOSE OF RECOVERING ANY PROPERTY INVOLVED IN THE VIOLATION, 16,586
CAUSING AN ARREST TO BE MADE BY A PEACE OFFICER, OR OBTAINING A 16,587
WARRANT OF ARREST. 16,588
(B) AN OFFICER OR AGENT OF A UNION TERMINAL COMPANY ACTING 16,591
UNDER DIVISION (A) OF THIS SECTION SHALL NOT SEARCH THE PERSON 16,593
DETAINED, SEARCH OR SEIZE ANY PROPERTY BELONGING TO THE PERSON 16,594
DETAINED WITHOUT THE PERSON'S CONSENT, OR USE UNDUE RESTRAINT 16,595
UPON THE PERSON DETAINED.
(C) ANY PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF 16,598
THE REVISED CODE, MAY ARREST WITHOUT A WARRANT ANY PERSON WHO THE 16,600
OFFICER HAS PROBABLE CAUSE TO BELIEVE IS A PICKPOCKET, IS A 16,601
THIEF, HAS VIOLATED ANY RULE OR REGULATION PROVIDED BY SECTION 16,602
4953.07 OF THE REVISED CODE THAT ALSO IS A VIOLATION OF LAW, OR 16,604
HAS COMMITTED ANY CRIME OR MISDEMEANOR ON THE DEPOT GROUNDS AND 16,605
SHALL MAKE THE ARREST WITHIN A REASONABLE TIME AFTER THE 16,606
COMMISSION OF THE ACT OR VIOLATION THAT IS THE BASIS OF THE 16,607
ARREST.
Sec. 4973.23. The (A) A conductor of every ANY train 16,617
carrying passengers OR OF THE CARS OF ANY INTERURBAN RAILROAD 16,618
CARRYING PASSENGERS, and the A ticket agent and special policemen 16,619
employed in or about a railroad or interurban railroad station 16,620
have the powers, duties, and responsibilities of police officers, 16,622
386
while on duty on such THE train or cars, or in or about such THE 16,624
station, and may wear the badge of a special policeman WHO HAS 16,626
PROBABLE CAUSE TO BELIEVE THAT A PERSON HAS COMMITTED AN OFFENSE 16,627
MAY DETAIN THE PERSON IN A REASONABLE MANNER AND FOR A REASONABLE 16,628
LENGTH OF TIME WITHIN THE TRAIN, THE CARS, OR THE STATION, FOR 16,629
THE PURPOSE OF RECOVERING ANY PROPERTY INVOLVED IN THE OFFENSE, 16,630
CAUSING AN ARREST TO BE MADE BY A PEACE OFFICER, OR OBTAINING A 16,631
WARRANT OF ARREST. 16,632
(B) A CONDUCTOR OR TICKET AGENT ACTING UNDER DIVISION (A) 16,636
OF THIS SECTION SHALL NOT SEARCH THE PERSON DETAINED, SEARCH OR 16,637
SEIZE ANY PROPERTY BELONGING TO THE PERSON DETAINED WITHOUT THE 16,638
PERSON'S CONSENT, OR USE UNDUE RESTRAINT UPON THE PERSON 16,639
DETAINED.
(C) ANY PEACE OFFICER, AS DEFINED IN SECTION 2935.01 OF 16,642
THE REVISED CODE, MAY ARREST WITHOUT A WARRANT ANY PERSON WHO THE 16,644
OFFICER HAS PROBABLE CAUSE TO BELIEVE HAS COMMITTED ANY VIOLATION 16,645
OF LAW AND SHALL MAKE THE ARREST WITHIN A REASONABLE TIME AFTER 16,648
THE COMMISSION OF THE VIOLATION OF LAW.
Sec. 4973.25. When a passenger is guilty of an offense on 16,657
a passenger train or the cars of an interurban railroad carrying 16,659
passengers, the conductor of such train or cars may arrest and 16,660
take him before a magistrate having cognizance of such offense in 16,661
any county in which such train or cars runs, and file an 16,662
affidavit before such magistrate charging him with the offense. 16,663
In no case shall the liability of a railroad company for damages 16,664
caused by the conduct of its conductor be affected by this 16,665
section and section 4973.23 OR 4973.24 of the Revised Code. 16,666
Sec. 5120.031. (A) As used in this section: 16,673
(1) "Certificate of high school equivalence" means a 16,675
statement that is issued by the state board of education or an 16,676
equivalent agency of another state and that indicates that its 16,677
holder has achieved the equivalent of a high school education as 16,678
measured by scores obtained on the tests of general educational 16,679
development published by the American council on education. 16,680
387
(2) "Certificate of adult basic education" means a 16,682
statement that is issued by the department of rehabilitation and 16,683
correction through the Ohio central school system approved by the 16,684
state board of education and that indicates that its holder has 16,685
achieved a 6.0 grade level, or higher, as measured by scores of 16,686
nationally standardized or recognized tests. 16,687
(3) "Deadly weapon" and "firearm" have the same meanings 16,689
as in section 2923.11 of the Revised Code. 16,690
(4) "Eligible offender" means a person, other than one who 16,692
is ineligible to participate in an intensive program prison under 16,694
the criteria specified in section 5120.032 of the Revised Code, 16,695
who has been convicted of or pleaded guilty to, and has been 16,697
sentenced for, a felony.
(5) "Shock incarceration" means the program of 16,699
incarceration that is established pursuant to the rules of the 16,700
department of rehabilitation and correction adopted under this 16,701
section. 16,702
(B)(1) The director of rehabilitation and correction, by 16,704
rules adopted under Chapter 119. of the Revised Code, shall 16,705
establish a pilot program of shock incarceration that may be used 16,706
for eligible offenders who are sentenced to serve a term of 16,707
imprisonment under the custody of the department of 16,708
rehabilitation and correction and whom the department, subject to 16,709
the approval of the sentencing judge, may permit to serve their 16,711
sentence as a sentence of shock incarceration in accordance with 16,712
this section.
(2) The rules for the pilot program shall require that the 16,714
program be established at an appropriate state correctional 16,715
institution designated by the director and that the program 16,716
consist of both of the following for each eligible offender whom 16,718
the department, with the approval of the sentencing judge, 16,720
permits to serve the eligible offender's sentence as a sentence 16,721
of shock incarceration: 16,722
(a) A period of imprisonment at that institution of ninety 16,724
388
days that shall consist of a military style combination of 16,725
discipline, physical training, and hard labor and substance abuse 16,726
education, employment skills training, social skills training, 16,727
and psychological treatment. During the ninety-day period, the 16,728
department may permit an eligible offender to participate in a 16,729
self-help program. Additionally, during the ninety-day period, 16,730
an eligible offender who holds a high school diploma or a 16,731
certificate of high school equivalence may be permitted to tutor 16,732
other eligible offenders in the shock incarceration program. If 16,733
an eligible offender does not hold a high school diploma or 16,734
certificate of high school equivalence, the eligible offender may 16,735
elect to participate in an education program that is designed to 16,737
award a certificate of adult basic education or an education 16,738
program that is designed to award a certificate of high school 16,739
equivalence to those eligible offenders who successfully complete 16,740
the education program, whether the completion occurs during or 16,741
subsequent to the ninety-day period. To the extent possible, the 16,742
department shall use as teachers in the education program persons 16,743
who have been issued a license pursuant to sections 3319.22 to 16,744
3319.31 of the Revised Code, who have volunteered their services 16,745
to the education program, and who satisfy any other criteria 16,746
specified in the rules for the pilot project. 16,747
(b) Immediately following the ninety-day period of 16,749
imprisonment, and notwithstanding any other provision governing 16,750
the early release of a prisoner from imprisonment or the transfer 16,752
of a prisoner to transitional control, one of the following, as 16,753
determined by the director:
(i) An intermediate, transitional type of detention for 16,756
the period of time determined by the director and, immediately 16,757
following the intermediate, transitional type of detention, a 16,758
release under a post-release control sanction imposed in 16,759
accordance with section 2967.28 of the Revised Code. The period 16,761
of intermediate, transitional type of detention imposed by the 16,762
director under this division may be in a halfway house, in a 16,763
389
community-based correctional facility and program or district 16,764
community-based correctional facility and program established 16,765
under sections 2301.51 to 2301.56 of the Revised Code, or in any 16,766
other facility approved by the director that provides for 16,767
detention to serve as a transition between imprisonment in a 16,768
state correctional institution and release from imprisonment. 16,769
(ii) A release under a post-release control sanction 16,772
imposed in accordance with section 2967.28 of the Revised Code. 16,773
(3) The rules for the pilot program also shall include, 16,775
but are not limited to, all of the following: 16,776
(a) Rules identifying the locations within the state 16,778
correctional institution designated by the director that will be 16,779
used for eligible offenders serving a sentence of shock 16,780
incarceration; 16,781
(b) Rules establishing specific schedules of discipline, 16,783
physical training, and hard labor for eligible offenders serving 16,784
a sentence of shock incarceration, based upon the offender's 16,785
physical condition and needs; 16,786
(c) Rules establishing standards and criteria for the 16,788
department to use in determining which eligible offenders the 16,789
department will permit to serve their sentence of imprisonment as 16,790
a sentence of shock incarceration; 16,791
(d) Rules establishing guidelines for the selection of 16,795
post-release control sanctions for eligible offenders; 16,797
(e) Rules establishing procedures for notifying sentencing 16,801
courts of the performance of eligible offenders serving their 16,802
sentences of imprisonment as a sentence of shock incarceration; 16,803
(f) Any other rules that are necessary for the proper 16,806
conduct of the pilot program.
(C)(1) Subject to disapproval by the sentencing judge, if 16,808
IF an eligible offender is sentenced to a term of imprisonment 16,810
under the custody of the department, IF THE SENTENCING COURT 16,811
DETERMINED THAT THE OFFENDER IS ELIGIBLE FOR PLACEMENT IN A 16,813
PROGRAM OF SHOCK INCARCERATION UNDER THIS SECTION, AND IF THE
390
SENTENCING COURT EITHER RECOMMENDS THE OFFENDER FOR PLACEMENT IN 16,814
A PROGRAM OF SHOCK INCARCERATION OR MAKES NO RECOMMENDATION ON 16,815
PLACEMENT OF THE OFFENDER, the department may permit the eligible 16,817
offender to serve the sentence as a sentence IN A PROGRAM of 16,818
shock incarceration, in accordance WITH DIVISION (K) OF SECTION 16,819
2929.14 OF THE REVISED CODE, with this section, and WITH the 16,821
rules adopted under this section. At
IF THE SENTENCING COURT RECOMMENDS THE OFFENDER FOR 16,823
PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION AND THE DEPARTMENT 16,824
SUBSEQUENTLY PLACES THE OFFENDER IN THE RECOMMENDED PROGRAM, THE 16,825
DEPARTMENT SHALL NOTIFY THE COURT OF THE OFFENDER'S PLACEMENT IN 16,826
THE RECOMMENDED PROGRAM AND SHALL INCLUDE WITH THE NOTICE A BRIEF 16,827
DESCRIPTION OF THE PLACEMENT.
IF THE SENTENCING COURT APPROVES PLACEMENT OF THE OFFENDER 16,829
IN A PROGRAM OF SHOCK INCARCERATION AND THE DEPARTMENT DOES NOT 16,830
SUBSEQUENTLY PLACE THE OFFENDER IN THE RECOMMENDED PROGRAM, THE 16,832
DEPARTMENT SHALL SEND A NOTICE TO THE COURT INDICATING WHY THE 16,833
OFFENDER WAS NOT PLACED IN THE RECOMMENDED PROGRAM.
IF THE SENTENCING COURT DOES NOT MAKE A RECOMMENDATION ON 16,835
THE PLACEMENT OF AN ELIGIBLE OFFENDER IN A PROGRAM OF SHOCK 16,837
INCARCERATION, THE DEPARTMENT SHALL SCREEN THE OFFENDER AND 16,838
DETERMINE IF THE OFFENDER IS SUITED FOR THE PROGRAM OF SHOCK 16,839
INCARCERATION. IF THE OFFENDER IS SUITED FOR THE PROGRAM OF
SHOCK INCARCERATION, AT least three weeks prior to permitting an 16,842
eligible offender to serve a THE sentence IN A PROGRAM of shock 16,844
incarceration, the department shall notify the sentencing judge
COURT of the proposed shock incarceration and of the fact that 16,846
the judge may disapprove it PLACEMENT OF THE OFFENDER IN THE 16,847
PROGRAM AND SHALL INCLUDE WITH THE NOTICE A BRIEF DESCRIPTION OF 16,848
THE PLACEMENT. THE COURT SHALL HAVE TEN DAYS FROM RECEIPT OF THE 16,849
NOTICE TO DISAPPROVE THE PLACEMENT. If the sentencing judge 16,850
COURT disapproves of shock incarceration for the eligible 16,851
offender, the judge shall notify the department of the 16,852
disapproval within ten days after receipt of the notice, and THE 16,854
391
PLACEMENT, the department shall not permit the eligible offender 16,855
to serve a THE sentence IN A PROGRAM of shock incarceration. If 16,857
the judge does not timely disapprove of PLACEMENT OF THE OFFENDER 16,858
IN THE PROGRAM OF shock incarceration for the eligible offender, 16,859
the department may proceed with plans for the shock incarceration 16,860
PLACEMENT OF THE OFFENDER. 16,861
IF THE SENTENCING COURT DETERMINED THAT THE OFFENDER IS NOT 16,863
ELIGIBLE FOR PLACEMENT IN A PROGRAM OF SHOCK INCARCERATION OR IF 16,864
THE SENTENCING COURT DISAPPROVES PLACEMENT OF THE OFFENDER IN A 16,865
PROGRAM OF THAT NATURE, THE DEPARTMENT OF REHABILITATION AND 16,866
CORRECTION SHALL NOT PLACE THE OFFENDER IN ANY PROGRAM OF SHOCK 16,867
INCARCERATION.
(2) If the department permits an eligible offender to 16,869
serve the eligible offender's sentence of imprisonment as a 16,870
sentence of shock incarceration and the eligible offender does 16,871
not satisfactorily complete the entire period of imprisonment 16,872
described in division (B)(2)(a) of this section, the offender 16,873
shall be removed from the pilot program for shock incarceration 16,874
and shall be required to serve the remainder of the offender's 16,875
sentence of imprisonment imposed by the sentencing court as a 16,877
regular term of imprisonment. If the eligible offender commences 16,878
a period of post-release control described in division (B)(2)(b) 16,880
of this section and violates the conditions of that post-release 16,881
control, the eligible offender shall be subject to the provisions 16,882
of sections 2967.15 and 2967.28 of the Revised Code regarding 16,884
violation of post-release control sanctions.
(3) If an eligible offender's stated prison term expires 16,888
at any time during the eligible offender's participation in the 16,890
shock incarceration program, the adult parole authority shall 16,891
terminate the eligible offender's participation in the program 16,893
and shall issue to the eligible offender a certificate of 16,895
expiration of the stated prison term. 16,896
(D) The director shall keep sentencing courts informed of 16,898
the performance of eligible offenders serving their sentences of 16,899
392
imprisonment as a sentence of shock incarceration, including, but 16,900
not limited to, notice of eligible offenders who fail to 16,901
satisfactorily complete their entire sentence of shock 16,902
incarceration or who satisfactorily complete their entire 16,903
sentence of shock incarceration. 16,904
(E) Within a reasonable period of time after November 20, 16,907
1990, the director shall appoint a committee to search for one or 16,910
more suitable sites at which one or more programs of shock 16,911
incarceration, in addition to the pilot program required by 16,912
division (B)(1) of this section, may be established. The search
committee shall consist of the director or the director's 16,913
designee, as chairperson; employees of the department of 16,915
rehabilitation and correction appointed by the director; and any 16,916
other persons that the director, in the director's discretion, 16,917
appoints. In searching for such sites, the search committee 16,919
shall give preference to any site owned by the state or any other 16,920
governmental entity and to any existing structure that reasonably 16,921
could be renovated, enlarged, converted, or remodeled for 16,922
purposes of establishing such a program. The search committee 16,923
shall prepare a report concerning its activities and, on the 16,924
earlier of the day that is twelve months after the first day on 16,925
which an eligible offender began serving a sentence of shock 16,926
incarceration under the pilot program or January 1, 1992, shall 16,927
file the report with the president and the minority leader of the 16,928
senate, the speaker and the minority leader of the house of 16,929
representatives, the members of the senate who were members of 16,930
the senate judiciary committee in the 118th general assembly or 16,931
their successors, and the members of the house of representatives 16,932
who were members of the select committee to hear drug legislation 16,933
that was established in the 118th general assembly or their 16,934
successors. Upon the filing of the report, the search committee 16,935
shall terminate. The report required by this division shall 16,936
contain all of the following: 16,937
(1) A summary of the process used by the search committee 16,939
393
in performing its duties under this division; 16,940
(2) A summary of all of the sites reviewed by the search 16,942
committee in performing its duties under this division, and the 16,943
benefits and disadvantages it found relative to the establishment 16,944
of a program of shock incarceration at each such site; 16,945
(3) The findings and recommendations of the search 16,947
committee as to the suitable site or sites, if any, at which a 16,948
program of shock incarceration, in addition to the pilot program 16,949
required by division (B)(1) of this section, may be established. 16,950
(F) The director periodically shall review the pilot 16,952
program for shock incarceration required to be established by 16,953
division (B)(1) of this section. The director shall prepare a 16,954
report relative to the pilot program and, on the earlier of the 16,955
day that is twelve months after the first day on which an 16,956
eligible offender began serving a sentence of shock incarceration 16,957
under the pilot program or January 1, 1992, shall file the report 16,958
with the president and the minority leader of the senate, the 16,959
speaker and the minority leader of the house of representatives, 16,960
the members of the senate who were members of the senate 16,961
judiciary committee in the 118th general assembly or their 16,962
successors, and the members of the house of representatives who 16,963
were members of the select committee to hear drug legislation 16,964
that was established in the 118th general assembly or their 16,965
successors. The pilot program shall not terminate at the time of 16,966
the filing of the report, but shall continue in operation in 16,967
accordance with this section. The report required by this 16,968
division shall include all of the following: 16,969
(1) A summary of the pilot program as initially 16,971
established, a summary of all changes in the pilot program made 16,972
during the period covered by the report and the reasons for the 16,973
changes, and a summary of the pilot program as it exists on the 16,974
date of preparation of the report; 16,975
(2) A summary of the effectiveness of the pilot program, 16,977
in the opinion of the director and employees of the department 16,978
394
involved in its operation; 16,979
(3) An analysis of the total cost of the pilot program, of 16,981
its cost per inmate who was permitted to serve a sentence of 16,982
shock incarceration and who served the entire sentence of shock 16,983
incarceration, and of its cost per inmate who was permitted to 16,984
serve a sentence of shock incarceration; 16,985
(4) A summary of the standards and criteria used by the 16,987
department in determining which eligible offenders were permitted 16,988
to serve their sentence of imprisonment as a sentence of shock 16,989
incarceration; 16,990
(5) A summary of the characteristics of the eligible 16,992
offenders who were permitted to serve their sentence of 16,993
imprisonment as a sentence of shock incarceration, which summary 16,994
shall include, but not be limited to, a listing of every offense 16,995
of which any such eligible offender was convicted or to which any 16,996
such eligible offender pleaded guilty and in relation to which 16,997
the eligible offender served a sentence of shock incarceration, 16,999
and the total number of such eligible offenders who were 17,000
convicted of or pleaded guilty to each such offense; 17,001
(6) A listing of the number of eligible offenders who were 17,003
permitted to serve a sentence of shock incarceration and who did 17,004
not serve the entire sentence of shock incarceration, and, to the 17,005
extent possible, a summary of the length of the terms of 17,006
imprisonment served by such eligible offenders after they were 17,007
removed from the pilot program; 17,008
(7) A summary of the effect of the pilot program on 17,010
overcrowding at state correctional institutions; 17,011
(8) To the extent possible, an analysis of the rate of 17,013
recidivism of eligible offenders who were permitted to serve a 17,014
sentence of shock incarceration and who served the entire 17,015
sentence of shock incarceration; 17,016
(9) Recommendations as to legislative changes to the pilot 17,018
program that would assist in its operation or that could further 17,019
alleviate overcrowding at state correctional institutions, and 17,020
395
recommendations as to whether the pilot program should be 17,021
expanded. 17,022
Sec. 5120.032. (A) No later than January 1, 1998, the 17,032
department of rehabilitation and correction shall develop and 17,034
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this 17,035
section. The intensive program prisons shall include institutions 17,036
at which imprisonment of the type described in division (B)(2)(a) 17,038
of section 5120.031 of the Revised Code is provided and prisons 17,039
that focus on educational achievement, vocational training, 17,040
alcohol and other drug abuse treatment, community service and 17,041
conservation work, and other intensive regimens or combinations 17,042
of intensive regimens.
(B)(1)(a) Except as provided in division (B)(2) of this 17,045
section, IF THE SENTENCING COURT DETERMINES THAT A PRISONER IS 17,046
ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON UNDER THIS 17,047
SECTION AND THE SENTENCING COURT EITHER RECOMMENDS THE OFFENDER 17,048
FOR PLACEMENT IN THE INTENSIVE PROGRAM PRISON OR MAKES NO 17,049
RECOMMENDATION ON PLACEMENT OF THE PRISONER, the department may 17,050
place a THE prisoner in an intensive program prison established 17,052
pursuant to division (A) of this section subject to the approval 17,053
of the sentencing judge. At
IF THE SENTENCING COURT RECOMMENDS A PRISONER FOR PLACEMENT 17,055
IN AN INTENSIVE PROGRAM PRISON AND THE DEPARTMENT SUBSEQUENTLY 17,056
PLACES THE PRISONER IN THE RECOMMENDED PRISON, THE DEPARTMENT 17,057
SHALL NOTIFY THE COURT OF THE PRISONER'S PLACEMENT IN THE 17,058
RECOMMENDED INTENSIVE PROGRAM PRISON AND SHALL INCLUDE WITH THE 17,059
NOTICE A BRIEF DESCRIPTION OF THE PLACEMENT.
IF THE SENTENCING COURT APPROVES PLACEMENT OF A PRISONER IN 17,061
AN INTENSIVE PROGRAM PRISON AND THE DEPARTMENT DOES NOT 17,062
SUBSEQUENTLY PLACE THE OFFENDER IN THE RECOMMENDED PRISON, THE 17,063
DEPARTMENT SHALL SEND A NOTICE TO THE COURT INDICATING WHY THE 17,064
PRISONER WAS NOT PLACED IN THE RECOMMENDED PRISON.
IF THE SENTENCING COURT DOES NOT MAKE A RECOMMENDATION ON 17,066
396
THE PLACEMENT OF AN ELIGIBLE PRISONER IN AN INTENSIVE PROGRAM 17,067
PRISON, THE DEPARTMENT SHALL SCREEN THE PRISONER AND DETERMINE IF 17,068
THE PRISONER IS SUITED FOR THE PRISON. IF THE PRISONER IS SUITED 17,070
FOR THE INTENSIVE PROGRAM PRISON, AT least three weeks prior to 17,072
placing a THE prisoner in an intensive program THE prison, the 17,073
department shall give notice of the placement and of the fact 17,074
that the judge may disapprove the placement NOTIFY THE SENTENCING 17,075
COURT OF THE PROPOSED PLACEMENT OF THE PRISONER IN THE INTENSIVE 17,076
PROGRAM PRISON AND SHALL INCLUDE WITH THE NOTICE A BRIEF 17,077
DESCRIPTION OF THE PLACEMENT. THE COURT SHALL HAVE TEN DAYS FROM 17,078
RECEIPT OF THE NOTICE TO DISAPPROVE THE PLACEMENT. If the judge 17,079
SENTENCING COURT disapproves the placement, the judge shall 17,080
notify the department of the disapproval within ten days after
receipt of the notice. If the judge timely disapproves the 17,081
placement, the department shall not proceed with it. If the 17,082
judge SENTENCING COURT does not timely disapprove of the 17,084
placement, the department may proceed with plans for it.
IF THE SENTENCING COURT DETERMINES THAT A PRISONER IS NOT 17,086
ELIGIBLE FOR PLACEMENT IN AN INTENSIVE PROGRAM PRISON OR IF THE 17,087
SENTENCING COURT DISAPPROVES PLACEMENT OF AN OFFENDER IN A PRISON 17,088
OF THAT NATURE, THE DEPARTMENT OF REHABILITATION AND CORRECTION 17,089
SHALL NOT PLACE THE PRISONER IN ANY INTENSIVE PROGRAM PRISON. 17,090
(b) The department may reduce the stated prison term of a 17,093
prisoner upon the prisoner's successful completion of a
ninety-day period in an intensive program prison. A prisoner 17,094
whose term has been so reduced shall be required to serve an 17,096
intermediate, transitional type of detention followed by a 17,097
release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 17,098
sanctions, as described in division (B)(2)(b)(ii) of section 17,099
5120.031 of the Revised Code. In either case, the placement 17,100
under post-release control sanctions shall be under terms set by 17,103
the parole board in accordance with section 2967.28 of the 17,104
Revised Code and shall be subject to the provisions of that 17,107
397
section with respect to a violation of any post-release control 17,109
sanction.
(2) A prisoner who is in any of the following categories 17,111
is not eligible to participate in an intensive program prison 17,113
established pursuant to division (A) of this section: 17,114
(a) The prisoner is serving a prison term for aggravated 17,117
murder, murder, or a felony of the first or second degree or a 17,118
comparable offense under the law in effect prior to the effective 17,120
date of this section JULY 1, 1996, or the prisoner previously has 17,121
been imprisoned for aggravated murder, murder, or a felony of the 17,122
first or second degree or a comparable offense under the law in 17,123
effect prior to the effective date of this section JULY 1, 1996. 17,125
(b) The prisoner is serving a mandatory prison term, as 17,127
defined in section 2929.01 of the Revised Code. 17,128
(c) The prisoner is serving a prison term for a felony of 17,130
the third, fourth, or fifth degree that either is a sex offense, 17,131
an offense betraying public trust, or an offense in which the 17,132
prisoner caused or attempted to cause actual physical harm to a 17,133
person, the prisoner is serving a prison term for a comparable 17,134
offense under the law in effect prior to the effective date of 17,135
this section JULY 1, 1996, or the prisoner previously has been 17,136
imprisoned for an offense of that type or a comparable offense 17,137
under the law in effect prior to the effective date of this 17,138
section JULY 1, 1996. 17,139
(d) The prisoner is serving a mandatory prison term in 17,141
prison for a fouth degree felony OMVI offense, as defined in 17,142
section 2929.01 of the Revised Code, that was imposed pursuant to 17,143
division (G)(2) of section 2929.13 of the Revised Code. 17,144
(C) Upon the implementation of intensive program prisons 17,146
pursuant to division (A) of this section, the department at all 17,147
times shall maintain intensive program prisons sufficient in 17,148
number to reduce the prison terms of at least three hundred fifty 17,149
prisoners who are eligible for reduction of their stated prison 17,150
terms as a result of their completion of a regimen in an
398
intensive program prison under this section. 17,152
Section 2. That existing sections 181.21, 181.22, 181.23, 17,154
181.24, 181.25, 1547.99, 1721.19, 2743.51, 2901.01, 2901.04, 17,156
2903.04, 2903.06, 2903.08, 2903.09, 2919.22, 2923.02, 2925.02, 17,157
2925.03, 2925.04, 2925.05, 2925.11, 2925.13, 2925.23, 2925.36, 17,158
2927.24, 2929.01, 2929.12, 2929.13, 2929.14, 2929.15, 2929.17, 17,159
2929.18, 2929.19, 2929.20, 2929.223, 2929.41, 2930.01, 2935.36, 17,160
2937.99, 2941.141, 2941.144, 2941.145, 2941.146, 2941.1410, 17,163
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, 17,167
3773.99, 4503.19, 4503.233, 4507.021, 4507.16, 4507.162, 17,169
4507.164, 4507.169, 4511.191, 4511.193, 4511.195, 4511.196,
4511.99, 4715.30, 4729.99, 4730.25, 4731.22, 4953.11, 4973.23, 17,173
4973.25, 5120.031, and 5120.032 and sections 1741.01, 1741.02, 17,174
1741.03, 1741.04, 1741.05, 1741.06, 1741.07, 1741.08, 1741.09, 17,175
1741.10, 1741.11, 1741.12, 1741.13, 1741.14, 1741.99, 2903.07, 17,176
2929.181, 2951.041, 3773.05, 3773.07, 3773.21, and 3773.211 of 17,178
the Revised Code are hereby repealed. 17,179
Section 3. The General Assembly hereby declares that the 17,181
repeal of section 2929.181 of the Revised Code in Section 2 of 17,182
this act is intended to be a ratification of the repeal of 17,183
section 2929.181 of the Revised Code by Am. Sub. S.B. 269 of the 17,184
121st General Assembly, which was effective on July 1, 1996, and 17,185
that section 2929.181 of the Revised Code, as enacted by Am. Sub. 17,186
S.B. 2 of the 121st General Assembly, is not currently in effect. 17,188
Section 2929.181 of the Revised Code was enacted by Am. 17,190
Sub. S.B. 2 of the 121st General Assembly, which was effective on 17,191
July 1, 1996, was amended by Sub. H.B. 480 of the 121st General 17,192
Assembly, which was enacted on May 23, 1996, and effective on 17,193
October 16, 1996, and was repealed by Am. Sub. S.B. 269 of the 17,194
121st General Assembly, which was enacted on May 30, 1996, and 17,195
effective on July 1, 1996. The different enactment dates and 17,196
effective dates of Sub. H.B. 480 and Am. Sub. S.B. 269 of the 17,197
121st General Assembly have caused some confusion as to whether 17,198
399
section 2929.181 of the Revised Code continued in effect after 17,199
the effective date of Sub. H.B. 480 of the 121st General 17,200
Assembly, despite the repeal of the section by Am. Sub. S.B. 269. 17,202
It was the intent of the 121st General Assembly to repeal 17,204
section 2929.181 of the Revised Code effective on July 1, 1996, 17,205
by Am. Sub. S.B. 269 of the 121st General Assembly. This repeal 17,206
is supported by section 1.52 of the Revised Code, which provides 17,207
that, if statutes enacted by the same session of the General 17,208
Assembly are irreconcilable, the statute latest in date of 17,209
enactment prevails. Am. Sub. S.B. 269 of the 121st General 17,210
Assembly was enacted on May 30, 1996, seven days after the 17,211
enactment of Sub. H.B. 480 of the 121st General Assembly. 17,212
Therefore, the repeal of section 2929.181 of the Revised Code 17,213
contained in Am. Sub. S.B. 269 of the 122nd General Assembly 17,214
controlled over the amendment of that section by Sub. H.B. 480 of 17,216
the 121st General Assembly, and the section was repealed
effective July 1, 1996. 17,217
Section 4. Sections 181.21 and 181.22 of the Revised Code 17,219
are presented in this act as composites of the sections as 17,221
amended by both Sub. H.B. 591 and Sub. H.B. 670 of the 121st 17,223
General Assembly, with the new language of neither of the acts 17,224
shown in capital letters. Section 2901.01 of the Revised Code is 17,225
presented in this act as a composite of the section as amended by 17,226
both Sub. H.B. 162 and Am. Sub. S.B. 1 of the 123rd General 17,227
Assembly, with the new language of neither of the acts shown in 17,228
capital letters. Sections 2903.04, 2903.06, and 2903.08 of the 17,230
Revised Code are presented in this act as composites of the 17,232
sections as amended by both Am. Sub. S.B. 239 and Am. Sub. S.B. 17,233
269 of the 121st General Assembly, with the new language of 17,234
neither of the acts shown in capital letters. Sections 2929.15 17,236
and 2929.17 of the Revised Code are presented in this act as 17,237
composites of the sections as amended by both Am. Sub. S.B. 269 17,238
and Am. Sub. S.B. 166 of the 121st General Assembly, with the new 17,239
language of neither of the acts shown in capital letters. 17,240
400
Section 2929.19 of the Revised Code is presented in this act as a 17,243
composite of the section as amended by Am. Sub. H.B. 180, Am. 17,244
Sub. S.B. 166, and Am. Sub. S.B. 269 of the 121st General 17,245
Assembly, with the new language of none of the acts shown in 17,246
capital letters. Section 2929.223 of the Revised Code is 17,248
presented in this act as a composite of the section as amended by 17,249
both Sub. H.B. 480 and Am. Sub. S.B. 269 of the 121st General 17,251
Assembly, with the new language of none of the acts shown in 17,252
capital letters. Section 2929.41 of the Revised Code is 17,253
presented in this act as a composite of the section as amended by 17,254
both Sub. H.B. 154 and Am. H.B. 180 of the 121st General 17,255
Assembly, with the new language of neither of the acts shown in 17,256
capital letters. Section 2967.13 of the Revised Code is 17,257
presented in this act as a composite of the section as amended by 17,258
Am. Sub. H.B. 180, Am. Sub. H.B. 445, and Am. Sub. S.B. 269 of 17,259
the 121st General Assembly, with the new language of none of the 17,260
acts shown in capital letters. Section 4503.233 of the Revised 17,262
Code is presented in this act as a composite of the section as 17,263
amended by both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 17,265
121st General Assembly, with the new language of neither of the 17,267
acts shown in capital letters. Section 4511.99 of the Revised 17,268
Code is presented in this act as a composite of the section as 17,269
amended by both Sub. H.B. 86 and Sub. H.B. 148 of the 123rd 17,270
General Assembly, with the new language of neither of the acts 17,271
shown in capital letters. Section 5120.032 of the Revised Code 17,273
is presented in this act as a composite of the section as amended 17,274
by both Am. Sub. S.B. 166 and Am. Sub. S.B. 269 of the 121st 17,275
General Assembly, with the new language of neither of the acts 17,277
shown in capital letters. This is in recognition of the 17,278
principle stated in division (B) of section 1.52 of the Revised 17,279
Code that such amendments are to be harmonized where not 17,280
substantively irreconcilable and constitutes a legislative 17,281
finding that such is the resulting version in effect prior to the 17,282
effective date of this act.
401
Section 5. Section 2929.01 of the Revised Code was amended 17,283
by both H.B. 378 and Am. Sub. S.B. 111 of the 122nd General 17,284
Assembly. Comparison of these amendments in pursuance of section 17,285
1.52 of the Revised Code discloses that while certain of the 17,286
amendments of these acts are reconcilable, certain other of the 17,287
amendments are substantively irreconcilable. H.B. 378 was passed
on November 13, 1997; S.B. 111 was passed on Novemeber 18, 1997. 17,288
Section 2929.01 of the Revised Code is therefore presented in 17,289
this act as it results from S.B. 111 and such of the amendments 17,290
of H.B. 378 as are not in conflict with the amendments of S.B. 17,291
111. This is in recognition of the principles stated in division 17,292
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized where not substantively irreconcilable, and that where 17,293
amendments are substantively irreconcilable, the latest amendment 17,294
is to prevail. This section constitutes a legislative finding 17,295
that such harmonized and reconciled section was the resulting 17,296
version in effect prior to the effective date of this act. 17,297