As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 1 5
1999-2000 6
SENATOR GARDNER 8
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A B I L L
To amend sections 2901.01, 2903.13, 2917.11, 12
2923.122, 2923.161, 2925.01, 2925.02, 2925.03, 13
2925.07, 2925.13, 2925.36, 2925.37, 2929.14,
3313.66, 3313.661, and 3313.664 and to enact 14
sections 2941.143, 3313.536, and 3318.031 of the 15
Revised Code to require each school district 17
board of education to adopt a comprehensive
school safety plan for each building in the 18
district; to require the Ohio School Facilities
Commission to consider student and staff safety 19
when reviewing design plans for classroom 20
facility construction projects; to define "school
safety zone" for purposes of the Criminal Code; 21
to substitute "school safety zone" for "vicinity 22
of a school," "school," "school premises," or
similar terms used to define certain offenses or 23
enhance their penalties; to grant a court 24
discretion to enhance the penalty for any offense
of violence committed in a school safety zone; to 25
require a school district superintendent to expel 26
a pupil who has committed an act warranting
expulsion even if the pupil withdraws from the 29
school before the superintendent has conducted an 30
expulsion hearing or has made the decision to 31
expel the pupil; to permit a school district 33
board to adopt a policy authorizing the
superintendent to expel for up to one year any 34
pupil who has committed an act at school or on 35
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other school property that is a criminal offense 36
if committed by an adult and that results in
serious physical harm to either persons or 37
property; and to make other revisions to the 38
school discipline laws. 39
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 41
Section 1. That sections 2901.01, 2903.13, 2917.11, 43
2923.122, 2923.161, 2925.01, 2925.02, 2925.03, 2925.07, 2925.13, 44
2925.36, 2925.37, 2929.14, 3313.66, 3313.661, and 3313.664 be 45
amended and sections 2941.143, 3313.536, and 3318.031 of the 46
Revised Code be enacted to read as follows: 47
Sec. 2901.01. (A) As used in the Revised Code: 56
(1) "Force" means any violence, compulsion, or constraint 58
physically exerted by any means upon or against a person or 59
thing. 60
(2) "Deadly force" means any force that carries a 62
substantial risk that it will proximately result in the death of 63
any person. 64
(3) "Physical harm to persons" means any injury, illness, 66
or other physiological impairment, regardless of its gravity or 67
duration. 68
(4) "Physical harm to property" means any tangible or 70
intangible damage to property that, in any degree, results in 71
loss to its value or interferes with its use or enjoyment. 72
"Physical harm to property" does not include wear and tear 73
occasioned by normal use. 74
(5) "Serious physical harm to persons" means any of the 76
following: 77
(a) Any mental illness or condition of such gravity as 79
would normally require hospitalization or prolonged psychiatric 80
treatment; 81
(b) Any physical harm that carries a substantial risk of 83
death; 84
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(c) Any physical harm that involves some permanent 86
incapacity, whether partial or total, or that involves some 87
temporary, substantial incapacity; 88
(d) Any physical harm that involves some permanent 90
disfigurement, or that involves some temporary, serious 91
disfigurement; 92
(e) Any physical harm that involves acute pain of such 94
duration as to result in substantial suffering, or that involves 95
any degree of prolonged or intractable pain. 96
(6) "Serious physical harm to property" means any physical 98
harm to property that does either of the following: 99
(a) Results in substantial loss to the value of the 101
property, or requires a substantial amount of time, effort, or 102
money to repair or replace; 103
(b) Temporarily prevents the use or enjoyment of the 105
property, or substantially interferes with its use or enjoyment 106
for an extended period of time. 107
(7) "Risk" means a significant possibility, as contrasted 109
with a remote possibility, that a certain result may occur or 110
that certain circumstances may exist. 111
(8) "Substantial risk" means a strong possibility, as 113
contrasted with a remote or significant possibility, that a 114
certain result may occur or that certain circumstances may exist. 115
(9) "Offense of violence" means any of the following: 117
(a) A violation of section 2903.01, 2903.02, 2903.03, 119
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 120
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 121
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 122
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 123
division (A)(1), (2), or (3) of section 2911.12 of the Revised 124
Code or felonious sexual penetration in violation of former 125
section 2907.12 of the Revised Code; 126
(b) A violation of an existing or former municipal 128
ordinance or law of this or any other state or the United States, 129
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substantially equivalent to any section or division or offense 130
listed in division (A)(9)(a) of this section; 131
(c) An offense, other than a traffic offense, under an 133
existing or former municipal ordinance or law of this or any 134
other state or the United States, committed purposely or 135
knowingly, and involving physical harm to persons or a risk of 136
serious physical harm to persons; 137
(d) A conspiracy or attempt to commit, or complicity in 139
committing, any offense under division (A)(9)(a), (b), or (c) of 141
this section.
(10)(a) "Property" means any property, real or personal, 144
tangible or intangible, and any interest or license in that 145
property. "Property" includes, but is not limited to, cable
television service, computer data, computer software, financial 146
instruments associated with computers, and other documents 147
associated with computers, or copies of the documents, whether in 148
machine or human readable form. "Financial instruments 149
associated with computers" include, but are not limited to, 150
checks, drafts, warrants, money orders, notes of indebtedness, 151
certificates of deposit, letters of credit, bills of credit or 152
debit cards, financial transaction authorization mechanisms, 153
marketable securities, or any computer system representations of 154
any of them. 155
(b) As used in this division and division (A)(13) of this 157
section, "cable television service," "computer," "computer 158
software," "computer system," "computer network," and "data" have 159
the same meaning as in section 2913.01 of the Revised Code. 160
(11) "Law enforcement officer" means any of the following: 162
(a) A sheriff, deputy sheriff, constable, police officer 164
of a township or joint township police district, marshal, deputy 165
marshal, municipal police officer, member of a police force 166
employed by a metropolitan housing authority under division (D) 167
of section 3735.31 of the Revised Code, or state highway patrol 168
trooper; 169
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(b) An officer, agent, or employee of the state or any of 171
its agencies, instrumentalities, or political subdivisions, upon 172
whom, by statute, a duty to conserve the peace or to enforce all 173
or certain laws is imposed and the authority to arrest violators 174
is conferred, within the limits of that statutory duty and 175
authority; 176
(c) A mayor, in the mayor's capacity as chief conservator 178
of the peace within the mayor's municipal corporation; 179
(d) A member of an auxiliary police force organized by 181
county, township, or municipal law enforcement authorities, 182
within the scope of the member's appointment or commission; 183
(e) A person lawfully called pursuant to section 311.07 of 185
the Revised Code to aid a sheriff in keeping the peace, for the 186
purposes and during the time when the person is called; 187
(f) A person appointed by a mayor pursuant to section 189
737.01 of the Revised Code as a special patrolling officer during 191
riot or emergency, for the purposes and during the time when the 192
person is appointed;
(g) A member of the organized militia of this state or the 194
armed forces of the United States, lawfully called to duty to aid 195
civil authorities in keeping the peace or protect against 196
domestic violence; 197
(h) A prosecuting attorney, assistant prosecuting 199
attorney, secret service officer, or municipal prosecutor; 200
(i) An Ohio veterans' home police officer appointed under 202
section 5907.02 of the Revised Code; 203
(j) A member of a police force employed by a regional 205
transit authority under division (Y) of section 306.35 of the 206
Revised Code.
(12) "Privilege" means an immunity, license, or right 208
conferred by law, bestowed by express or implied grant, arising 210
out of status, position, office, or relationship, or growing out 211
of necessity.
(13) "Contraband" means any property described in the 213
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following categories: 214
(a) Property that in and of itself is unlawful for a 216
person to acquire or possess; 217
(b) Property that is not in and of itself unlawful for a 219
person to acquire or possess, but that has been determined by a 220
court of this state, in accordance with law, to be contraband 221
because of its use in an unlawful activity or manner, of its 222
nature, or of the circumstances of the person who acquires or 223
possesses it, including, but not limited to, goods and personal 224
property described in division (D) of section 2913.34 of the 225
Revised Code;
(c) Property that is specifically stated to be contraband 227
by a section of the Revised Code or by an ordinance, regulation, 228
or resolution; 229
(d) Property that is forfeitable pursuant to a section of 231
the Revised Code, or an ordinance, regulation, or resolution, 232
including, but not limited to, forfeitable firearms, dangerous 233
ordnance, obscene materials, and goods and personal property 235
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 237
3719.01 of the Revised Code, or any device, paraphernalia, money 238
as defined in section 1301.01 of the Revised Code, or other means 239
of exchange that has been, is being, or is intended to be used in 240
an attempt or conspiracy to violate, or in a violation of, 241
Chapter 2925. or 3719. of the Revised Code; 242
(f) Any gambling device, paraphernalia, money as defined 244
in section 1301.01 of the Revised Code, or other means of 245
exchange that has been, is being, or is intended to be used in an 246
attempt or conspiracy to violate, or in the violation of, Chapter 247
2915. of the Revised Code; 248
(g) Any equipment, machine, device, apparatus, vehicle, 250
vessel, container, liquid, or substance that has been, is being, 251
or is intended to be used in an attempt or conspiracy to violate, 252
or in the violation of, any law of this state relating to alcohol 253
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or tobacco; 254
(h) Any personal property that has been, is being, or is 256
intended to be used in an attempt or conspiracy to commit, or in 257
the commission of, any offense or in the transportation of the 258
fruits of any offense; 259
(i) Any property that is acquired through the sale or 261
other transfer of contraband or through the proceeds of 262
contraband, other than by a court or a law enforcement agency 263
acting within the scope of its duties; 264
(j) Any computer, computer system, computer network, or 266
computer software that is used in a conspiracy to commit, an 267
attempt to commit, or in the commission of any offense, if the 268
owner of the computer, computer system, computer network, or 269
computer software is convicted of or pleads guilty to the offense 270
in which it is used. 271
(14) A person is "not guilty by reason of insanity" 273
relative to a charge of an offense only if the person proves, in 274
the manner specified in section 2901.05 of the Revised Code, that 275
at the time of the commission of the offense, the person did not 276
know, as a result of a severe mental disease or defect, the 277
wrongfulness of the person's acts. 278
(B)(1)(a) Subject to division (B)(2) of this section, as 281
used in any section contained in Title XXIX of the Revised Code 282
that sets forth a criminal offense, "person" includes all of the 283
following:
(i) An individual, corporation, business trust, estate, 285
trust, partnership, and association; 286
(ii) An unborn human who is viable. 288
(b) As used in any section contained in Title XXIX of the 291
Revised Code that does not set forth a criminal offense, "person" 292
includes an individual, corporation, business trust, estate, 293
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 295
(i) "Unborn human" means an individual organism of the 297
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species homo sapiens from fertilization until live birth. 298
(ii) "Viable" means the stage of development of a human 301
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 302
temporary artificial life-sustaining support. 303
(2) Notwithstanding division (B)(1)(a) of this section, in 305
no case shall the portion of the definition of the term "person" 306
that is set forth in division (B)(1)(a)(ii) of this section be 307
applied or construed in any section contained in Title XXIX of 308
the Revised Code that sets forth a criminal offense in any of the 309
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 311
this section, in a manner so that the offense prohibits or is 312
construed as prohibiting any pregnant woman or her physician from 313
performing an abortion with the consent of the pregnant woman, 314
with the consent of the pregnant woman implied by law in a 315
medical emergency, or with the approval of one otherwise 316
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 317
described in the immediately preceding sentence may be punished 318
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 319
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 320
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 321
An abortion that does not violate the conditions described in the 322
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 323
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 324
as a violation of section 2919.12, division (B) of section 325
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 326
Code, as applicable. Consent is sufficient under this division 327
if it is of the type otherwise adequate to permit medical 328
treatment to the pregnant woman, even if it does not comply with 329
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 332
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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 333
results in any of the following: 334
(i) Her delivery of a stillborn baby; 336
(ii) Her causing, in any other manner, the death in utero 339
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 342
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 343
(iv) Her causing her child who is born alive to sustain 346
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 349
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 350
or a mental illness or condition, regardless of its duration or 351
gravity, to a viable, unborn human that she is carrying. 352
(C)(1) AS USED IN TITLE XXIX OF THE REVISED CODE, "SCHOOL 358
SAFETY ZONE" CONSISTS OF A SCHOOL, SCHOOL BUILDING, SCHOOL 359
PREMISES, SCHOOL ACTIVITY, SCHOOL BUS, AND AN AREA WITHIN ONE 360
THOUSAND FEET OF THE BOUNDARIES OF ANY SCHOOL PREMISES. 361
(2) AS USED IN THIS DIVISION: 363
(a) "SCHOOL" MEANS ANY SCHOOL OPERATED BY A BOARD OF 365
EDUCATION OR ANY SCHOOL FOR WHICH THE STATE BOARD OF EDUCATION 366
PRESCRIBES MINIMUM STANDARDS UNDER SECTION 3301.07 OF THE REVISED 368
CODE, WHETHER OR NOT ANY INSTRUCTION, EXTRACURRICULAR ACTIVITIES, 370
OR TRAINING PROVIDED BY THE SCHOOL IS BEING CONDUCTED AT THE TIME 371
A CRIMINAL OFFENSE IS COMMITTED. 372
(b) "SCHOOL BUILDING" MEANS ANY BUILDING IN WHICH ANY OF 374
THE INSTRUCTION, EXTRACURRICULAR ACTIVITIES, OR TRAINING PROVIDED 376
BY A SCHOOL IS CONDUCTED, WHETHER OR NOT ANY INSTRUCTION, 377
EXTRACURRICULAR ACTIVITIES, OR TRAINING PROVIDED BY THE SCHOOL IS 378
BEING CONDUCTED IN THE SCHOOL BUILDING AT THE TIME A CRIMINAL 379
OFFENSE IS COMMITTED.
(c) "SCHOOL PREMISES" MEANS EITHER OF THE FOLLOWING: 382
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(i) THE PARCEL OF REAL PROPERTY ON WHICH ANY SCHOOL IS 385
SITUATED, WHETHER OR NOT ANY INSTRUCTION, EXTRACURRICULAR 386
ACTIVITIES, OR TRAINING PROVIDED BY THE SCHOOL IS BEING CONDUCTED 387
ON THE PREMISES AT THE TIME A CRIMINAL OFFENSE IS COMMITTED; 388
(ii) ANY OTHER PARCEL OF REAL PROPERTY THAT IS OWNED OR 391
LEASED BY A BOARD OF EDUCATION OF A SCHOOL OR THE GOVERNING BODY 392
OF A SCHOOL FOR WHICH THE STATE BOARD OF EDUCATION PRESCRIBES 393
MINIMUM STANDARDS UNDER SECTION 3301.07 OF THE REVISED CODE AND 395
ON WHICH SOME OF THE INSTRUCTION, EXTRACURRICULAR ACTIVITIES, OR 396
TRAINING OF THE SCHOOL IS CONDUCTED, WHETHER OR NOT ANY 397
INSTRUCTION, EXTRACURRICULAR ACTIVITIES, OR TRAINING PROVIDED BY 398
THE SCHOOL IS BEING CONDUCTED ON THE PARCEL OF REAL PROPERTY AT 399
THE TIME A CRIMINAL OFFENSE IS COMMITTED. 400
(d) "SCHOOL ACTIVITY" MEANS ANY ACTIVITY HELD UNDER THE 402
AUSPICES OF A BOARD OF EDUCATION OF A CITY, LOCAL, COUNTY, 403
EXEMPTED VILLAGE, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION 404
SCHOOL DISTRICT OR THE GOVERNING BODY OF A SCHOOL FOR WHICH THE 405
STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS UNDER 406
SECTION 3301.07 OF THE REVISED CODE. 408
(e) "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION 410
4511.01 OF THE REVISED CODE. 412
Sec. 2903.13. (A) No person shall knowingly cause or 421
attempt to cause physical harm to another or to another's unborn. 422
(B) No person shall recklessly cause serious physical harm 424
to another or to another's unborn. 425
(C) Whoever violates this section is guilty of assault. 427
Except as otherwise provided in division (C)(1), (2), or (3) of 428
this section, assault is a misdemeanor of the first degree. 430
(1) Except as otherwise provided in this division, if the 432
offense is committed by a caretaker against a functionally 434
impaired person under the caretaker's care, assault is a felony 435
of the fourth degree. If the offense is committed by a caretaker 436
against a functionally impaired person under the caretaker's 437
care, if the offender previously has been convicted of or pleaded 439
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guilty to a violation of this section or section 2903.11 or 440
2903.16 of the Revised Code, and if in relation to the previous 441
conviction the offender was a caretaker and the victim was a 442
functionally impaired person under the offender's care, assault 443
is a felony of the third degree. 444
(2) If the offense is committed in any of the following 446
circumstances, assault is a felony of the fifth degree: 447
(a) The offense occurs in or on the grounds of a state 449
correctional institution or an institution of the department of 450
youth services, the victim of the offense is an employee of the 451
department of rehabilitation and correction, the department of 452
youth services, or a probation department or is on the premises 453
of the particular institution for business purposes or as a 454
visitor, and the offense is committed by a person incarcerated in 455
the state correctional institution, by a person institutionalized 456
in the department of youth services institution pursuant to a 457
commitment to the department of youth services, by a probationer 459
or parolee, by an offender under transitional control, under a 461
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 464
type of supervision by a government agency;. 465
(b) The offense occurs in or on the grounds of a local 467
correctional facility, the victim of the offense is an employee 468
of the local correctional facility or a probation department or 469
is on the premises of the facility for business purposes or as a 470
visitor, and the offense is committed by a person who is under 471
custody in the facility subsequent to the person's arrest for any 472
crime or delinquent act, subsequent to the person's being charged 474
with or convicted of any crime, or subsequent to the person's 476
being alleged to be or adjudicated a delinquent child. 477
(c) The offense occurs off the grounds of a state 479
correctional institution and off the grounds of an institution of 480
the department of youth services, the victim of the offense is an 481
employee of the department of rehabilitation and correction, the 482
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department of youth services, or a probation department, the 483
offense occurs during the employee's official work hours and 484
while the employee is engaged in official work responsibilities, 485
and the offense is committed by a person incarcerated in a state 487
correctional institution or institutionalized in the department 488
of youth services who temporarily is outside of the institution 489
for any purpose, by a probationer or parolee, by an offender 491
under transitional control, under a community control sanction, 492
or on an escorted visit, by a person under post-release control, 493
or by an offender under any other type of supervision by a 494
government agency.
(d) The offense occurs off the grounds of a local 496
correctional facility, the victim of the offense is an employee 497
of the local correctional facility or a probation department, the 498
offense occurs during the employee's official work hours and 499
while the employee is engaged in official work responsibilities, 500
and the offense is committed by a person who is under custody in 501
the facility subsequent to the person's arrest for any crime or 502
delinquent act, subsequent to the person being charged with or 503
convicted of any crime, or subsequent to the person being alleged 504
to be or adjudicated a delinquent child and who temporarily is 506
outside of the facility for any purpose or by a probationer or 507
parolee, by an offender under transitional control, under a 508
community control sanction, or on an escorted visit, by a person 509
under post-release control, or by an offender under any other 510
type of supervision by a government agency. 511
(e) The victim of the offense is a school teacher or 513
administrator or a school bus operator, and the offense occurs on 514
IN A school premises, in a school building, on a school bus, or 516
while the victim is outside of school premises or a school bus 517
and is ingaged in duties or official responsibilities associated 519
with the victim's employement or position as a school teacher or 520
administrator or a school bus operator, including, but not 521
limited to, driving, accompanying, or chaperoning students at or 522
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on class or field trips, athletic events, or other school 523
extracurricular activities or functions outide of school premises 524
SAFETY ZONE.
(3) If the victim of the offense is a peace officer, a 526
fire fighter FIREFIGHTER, or a person performing emergency 527
medical service, while in the performance of their official 529
duties, assault is a felony of the fourth degree. 530
(4) As used in this section: 532
(a) "Peace officer" has the same meaning as in section 534
2935.01 of the Revised Code. 535
(b) "Fire fighter FIREFIGHTER" has the same meaning as in 537
section 3937.41 of the Revised Code. 539
(c) "Emergency medical service" has the same meaning as in 541
section 4765.01 of the Revised Code. 542
(d) "Local correctional facility" means a county, 544
multicounty, municipal, municipal-county, or 545
multicounty-municipal jail or workhouse, a minimum security jail 547
established under section 341.23 or 753.21 of the Revised Code, 548
or another county, multicounty, municipal, municipal-county, or 549
multicounty-municipal facility used for the custody of persons 550
arrested for any crime or delinquent act, persons charged with or 551
convicted of any crime, or persons alleged to be or adjudicated a 552
delinquent child.
(e) "Employee of a local correctional facility" means a 554
person who is an employee of the political subdivision or of one 555
or more of the affiliated political subdivisions that operates 556
the local correctional facility and who operates or assists in 557
the operation of the facility. 558
(f) "School," "school building," and "school premises" 560
have the same meanings as in section 2925.01 of the Revised Code. 562
(g) "School teacher or administrator" means either of the 564
following:
(i) A person who is employed in the public schools of the 566
state under a contract described in section 3319.08 of the 567
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Revised Code in a position in which the person is required to 568
have a certificate issued pursuant to sections 3319.22 to 569
3319.311 of the Revised Code.
(ii) A person who is employed by a nonpublic school for 571
which the state board of education prescribes minimum standards 572
under section 3301.07 of the Revised Code and who is certificated 573
in accordance with section 3301.071 of the Revised Code. 574
(h) "School bus" has the same meaning as in section 576
4511.01 of the Revised Code. 577
(i)(g) "Community control sanction" has the same meaning 579
as in section 2929.01 of the Revised Code. 581
(j)(h) "Escorted visit" means an escorted visit granted 583
under section 2967.27 of the Revised Code. 584
(k)(i) "Post-release control" and "transitional control" 586
have the same meanings as in section 2967.01 of the Revised Code. 588
Sec. 2917.11. (A) No person shall recklessly cause 597
inconvenience, annoyance, or alarm to another, by doing any of 598
the following: 599
(1) Engaging in fighting, in threatening harm to persons 601
or property, or in violent or turbulent behavior; 602
(2) Making unreasonable noise or an offensively coarse 604
utterance, gesture, or display, or communicating unwarranted and 605
grossly abusive language to any person; 606
(3) Insulting, taunting, or challenging another, under 608
circumstances in which such conduct is likely to provoke a 609
violent response; 610
(4) Hindering or preventing the movement of persons on a 612
public street, road, highway, or right-of-way, or to, from, 613
within, or upon public or private property, so as to interfere 614
with the rights of others, and by any act that serves no lawful 616
and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to 618
persons or that presents a risk of physical harm to persons or 620
property, by any act that serves no lawful and reasonable purpose 621
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of the offender.
(B) No person, while voluntarily intoxicated, shall do 623
either of the following: 624
(1) In a public place or in the presence of two or more 626
persons, engage in conduct likely to be offensive or to cause 627
inconvenience, annoyance, or alarm to persons of ordinary 628
sensibilities, which conduct the offender, if the offender were 630
not intoxicated, should know is likely to have that effect on 631
others; 632
(2) Engage in conduct or create a condition that presents 634
a risk of physical harm to the offender or another, or to the 636
property of another.
(C) Violation of any statute or ordinance of which an 638
element is operating a motor vehicle, locomotive, watercraft, 639
aircraft, or other vehicle while under the influence of alcohol 640
or any drug of abuse, is not a violation of division (B) of this 641
section. 642
(D) When to an ordinary observer a person appears to be 644
intoxicated, it is probable cause to believe that person is 645
voluntarily intoxicated for purposes of division (B) of this 646
section. 647
(E) Whoever violates this section is guilty of disorderly 649
conduct. Except as otherwise provided in this division, 650
disorderly conduct is a minor misdemeanor. If the offender 652
persists in disorderly conduct after reasonable warning or
request to desist or if the offense is committed in the vicinity 653
of a school SAFETY ZONE, disorderly conduct is a misdemeanor of 655
the fourth degree.
(F) As used in this section, "committed in the vicinity of 657
a school" has the same meaning as in section 2925.01 of the 659
Revised Code.
Sec. 2923.122. (A) No person shall knowingly convey, or 673
attempt to convey, a deadly weapon or dangerous ordnance onto 675
school premises, into a school or school building, to a school 676
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activity, or onto a school bus SAFETY ZONE. 677
(B) No person shall knowingly possess a deadly weapon or 679
dangerous ordnance on school premises, in a school or school 680
building, at a school activity, or on a school bus SAFETY ZONE. 682
(C) No person shall knowingly possess an object on school 685
premises, in a school or school building, at a school activity, 686
or on a school bus SAFETY ZONE if both of the following apply: 688
(1) The object is indistinguishable from a firearm, 690
whether or not the object is capable of being fired. 691
(2) The person indicates that the person possesses the 694
object and that it is a firearm, or the person knowingly displays 695
or brandishes the object and indicates that it is a firearm. 696
(D) This section does not apply to officers, agents, or 698
employees of this or any other state or the United States, or to 699
law enforcement officers, authorized to carry deadly weapons or 700
dangerous ordnance and acting within the scope of their duties, 701
to any security officer employed by a board of education or 702
governing body of a school during the time that the security 703
officer is on duty pursuant to that contract of employment, or to 704
any other person who has written authorization from the board of 705
education or governing body of a school to convey deadly weapons 706
or dangerous ordnance onto school premises, into a school or 708
school building, to a school activity, or onto a school bus
SAFETY ZONE or to possess a deadly weapon or dangerous ordnance 710
on school premises, in a school or school building, at a school 711
activity, or on a school bus SAFETY ZONE and who conveys or 713
possesses the deadly weapon or dangerous ordnance in accordance
with that authorization. 714
Division (C) of this section does not apply to premises 717
upon which home schooling is conducted. Division (C) of this 718
section also does not apply to a school administrator, teacher,
or employee who possesses an object that is indistinguishable 719
from a firearm for legitimate school purposes during the course 720
of employment, a student who uses an object that is 721
17
indistinguishable from a firearm under the direction of a school 722
administrator, teacher, or employee, or any other person who with
the express prior approval of a school administrator possesses an 724
object that is indistinguishable from a firearm for a legitimate
purpose, including the use of the object in a ceremonial 725
activity, a play, reenactment, or other dramatic presentation, or 726
a ROTC activity or another similar use of the object. 727
(E)(1) Whoever violates division (A) or (B) of this 730
section is guilty of illegal conveyance or possession of a deadly 731
weapon or dangerous ordnance on IN A school premises SAFETY ZONE. 733
Except as otherwise provided in this division, illegal conveyance 734
or possession of a deadly weapon or dangerous ordnance on IN A 736
school premises SAFETY ZONE is a felony of the fifth degree. If 737
the offender previously has been convicted of a violation of this 739
section, illegal conveyance or possession of a deadly weapon or 741
dangerous ordnance on IN A school premises SAFETY ZONE is a 742
felony of the fourth degree. 743
(2) Whoever violates division (C) of this section is 745
guilty of illegal possession of an object indistinguishable from 746
a firearm on IN A school premises SAFETY ZONE. Except as 749
otherwise provided in this division, illegal possession of an 751
object indistinguishable from a firearm on IN A school premises 752
SAFETY ZONE is a misdemeanor of the first degree. If the 753
offender previously has been convicted of a violation of this 754
section, illegal possession of an object indistinguishable from a 755
firearm on IN A school premises SAFETY ZONE is a felony of the 756
fifth degree. 757
(E)(F)(1) In addition to any other penalty imposed upon a 759
person who is convicted of or pleads guilty to a violation of 762
this section and subject to division (E)(F)(2) of this section, 764
if the offender has not attained nineteen years of age, 765
regardless of whether the offender is attending or is enrolled in 766
a school operated by a board of education or for which the state 767
board of education prescribes minimum standards under section 768
18
3301.07 of the Revised Code, the court shall impose upon the 769
offender whichever of the following penalties applies: 770
(a) If the offender has been issued a probationary 772
driver's license, restricted license, driver's license, or 773
probationary commercial driver's license that then is in effect, 774
the court shall suspend for a period of not less than twelve 776
months and not more than thirty-six months that license of the 777
offender.
(b) If the offender has been issued a temporary 779
instruction permit that then is in effect, the court shall revoke 781
it and deny the offender the issuance of another temporary 782
instruction permit, and the period of denial shall be for not 783
less than twelve months and not more than thirty-six months.
(c) If the offender has been issued a commercial driver's 786
license temporary instruction permit that then is in effect, the 787
court shall suspend the offender's driver's license, revoke the 788
commercial driver's license temporary instruction permit, and 789
deny the offender the issuance of another commercial driver's 791
license temporary instruction permit, and the period of 792
suspension plus the period of denial shall total not less than
twelve months and not more than thirty-six months. 793
(d) If, on the date the court imposes sentence upon the 795
offender for a violation of this section, the offender has not 798
been issued any type of license that then is in effect to operate 799
a motor vehicle in this state or a temporary instruction permit 801
that then is in effect, the court shall deny the offender the 802
issuance of a temporary instruction permit for a period of not 803
less than twelve months and not more than thirty-six months.
(e) If the offender is not a resident of this state, the 805
court shall suspend for a period of not less than twelve months 806
and not more than thirty-six months the nonresident operating 807
privilege of the offender.
(2) If the offender shows good cause why the court should 809
not suspend or revoke one of the types of licenses, permits or 810
19
privileges specified in division (E)(F)(1) of this section or 812
deny the issuance of one of the temporary instruction permits 814
specified in that division, the court in its discretion may 815
choose not to impose the suspension, revocation, or denial
required in that division. 816
(F)(G) As used in this section: 818
(1) "School," "school building," and "school premises" 820
have the same meanings as in section 2925.01 of the Revised Code. 821
(2) "School activity" means any activity held under the 823
auspices of a board of education of a city, local, county, 824
exempted village, joint vocational, or cooperative education 825
school district or the governing body of a school for which the 826
state board of education prescribes minimum standards under 827
section 3301.07 of the Revised Code.
(3) "School bus" has the same meaning as in section 829
4511.01 of the Revised Code. 830
(4) "Object, "OBJECT that is indistinguishable from a 833
firearm" means an object made, constructed, or altered so that, 835
to a reasonable person without specialized training in firearms, 836
the object appears to be a firearm.
Sec. 2923.161. (A) No person, without privilege to do so, 845
shall knowingly discharge DO EITHER OF THE FOLLOWING: 846
(1) DISCHARGE a firearm at or into an occupied structure 849
that is a permanent or temporary habitation of any individual or; 850
(2) DISCHARGE A FIREARM AT, IN, OR INTO a school SAFETY 852
ZONE.
(B) This section does not apply to any officer, agent, or 854
employee of this or any other state or the United States, or to 855
any law enforcement officer, who discharges the firearm while 856
acting within the scope of the officer's, agent's, or employee's 857
duties.
(C) Whoever violates this section is guilty of improperly 859
discharging a firearm at or into a habitation or IN A school 860
SAFETY ZONE, a felony of the second degree. 862
20
(D) As used in this section, "occupied structure" has the 864
same meaning as in section 2909.01 of the Revised Code. 865
Sec. 2925.01. As used in this chapter: 874
(A) "Administer," "controlled substance," "dispense," 876
"distribute," "hypodermic," "manufacturer," "official written 878
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," 880
"schedule II," "schedule III," "schedule IV," "schedule V," and 881
"wholesaler" have the same meanings as in section 3719.01 of the 882
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 884
same meanings as in section 3719.011 of the Revised Code. 885
(C) "Drug," "dangerous drug," "licensed health 887
professional authorized to prescribe drugs," and "prescription" 889
have the same meanings as in section 4729.01 of the Revised Code. 890
(D) "Bulk amount" of a controlled substance means any of 892
the following: 893
(1) For any compound, mixture, preparation, or substance 895
included in schedule I, schedule II, or schedule III, with the 897
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 899
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 901
twenty-five unit doses of a compound, mixture, preparation, or 902
substance that is or contains any amount of a schedule I opiate 903
or opium derivative; 904
(b) An amount equal to or exceeding ten grams of a 907
compound, mixture, preparation, or substance that is or contains 908
any amount of raw or gum opium; 909
(c) An amount equal to or exceeding thirty grams or ten 912
unit doses of a compound, mixture, preparation, or substance that 913
is or contains any amount of a schedule I hallucinogen other than 914
tetrahydrocannabinol or lysergic acid amide, or a schedule I 917
stimulant or depressant; 918
(d) An amount equal to or exceeding twenty grams or five 921
21
times the maximum daily dose in the usual dose range specified in 922
a standard pharmaceutical reference manual of a compound, 923
mixture, preparation, or substance that is or contains any amount 924
of a schedule II opiate or opium derivative; 925
(e) An amount equal to or exceeding five grams or ten unit 927
doses of a compound, mixture, preparation, or substance that is 928
or contains any amount of phencyclidine; 929
(f) An amount equal to or exceeding one hundred twenty 931
grams or thirty times the maximum daily dose in the usual dose 932
range specified in a standard pharmaceutical reference manual of 933
a compound, mixture, preparation, or substance that is or 934
contains any amount of a schedule II stimulant that is in a final 935
dosage form manufactured by a person authorized by the "Federal 936
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 938
301, as amended, and the federal drug abuse control laws, as 939
defined in section 3719.01 of the Revised Code, that is or
contains any amount of a schedule II depressant substance or a 941
schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a 944
compound, mixture, preparation, or substance that is or contains 945
any amount of a schedule II stimulant, or any of its salts or 946
isomers, that is not in a final dosage form manufactured by a 947
person authorized by the Federal Food, Drug, and Cosmetic Act and 948
the federal drug abuse control laws. 949
(2) An amount equal to or exceeding one hundred twenty 952
grams or thirty times the maximum daily dose in the usual dose 953
range specified in a standard pharmaceutical reference manual of 955
a compound, mixture, preparation, or substance that is or 957
contains any amount of a schedule III or IV substance other than 959
an anabolic steroid or a schedule III opiate or opium derivative; 960
(3) An amount equal to or exceeding twenty grams or five 962
times the maximum daily dose in the usual dose range specified in 963
a standard pharmaceutical reference manual of a compound, 964
mixture, preparation, or substance that is or contains any amount 966
22
of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 968
milliliters or two hundred fifty grams of a compound, mixture, 969
preparation, or substance that is or contains any amount of a 970
schedule V substance; 971
(5) An amount equal to or exceeding two hundred solid 974
dosage units, sixteen grams, or sixteen milliliters of a 975
compound, mixture, preparation, or substance that is or contains 976
any amount of a schedule III anabolic steroid. 977
(E) "Unit dose" means an amount or unit of a compound, 979
mixture, or preparation containing a controlled substance that is 980
separately identifiable and in a form that indicates that it is 982
the amount or unit by which the controlled substance is 983
separately administered to or taken by an individual. 984
(F) "Cultivate" includes planting, watering, fertilizing, 986
or tilling. 987
(G) "Drug abuse offense" means any of the following: 989
(1) A violation of division (A) of section 2913.02 that 991
constitutes theft of drugs, or a violation of section 2925.02, 992
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 993
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the 995
Revised Code;
(2) A violation of an existing or former law of this or 997
any other state or of the United States that is substantially 998
equivalent to any section listed in division (G)(1) of this 999
section; 1,000
(3) An offense under an existing or former law of this or 1,002
any other state, or of the United States, of which planting, 1,003
cultivating, harvesting, processing, making, manufacturing, 1,004
producing, shipping, transporting, delivering, acquiring, 1,005
possessing, storing, distributing, dispensing, selling, inducing 1,006
another to use, administering to another, using, or otherwise 1,007
dealing with a controlled substance is an element; 1,008
(4) A conspiracy to commit, attempt to commit, or 1,010
23
complicity in committing or attempting to commit any offense 1,011
under division (G)(1), (2), or (3) of this section. 1,012
(H) "Felony drug abuse offense" means any drug abuse 1,014
offense that would constitute a felony under the laws of this 1,015
state, any other state, or the United States. 1,016
(I) "Harmful intoxicant" does not include beer or 1,018
intoxicating liquor but means any compound, mixture, preparation, 1,020
or substance the gas, fumes, or vapor of which when inhaled can 1,021
induce intoxication, excitement, giddiness, irrational behavior, 1,022
depression, stupefaction, paralysis, unconsciousness, 1,023
asphyxiation, or other harmful physiological effects, and 1,024
includes, but is not limited to, any of the following: 1,025
(1) Any volatile organic solvent, plastic cement, model 1,027
cement, fingernail polish remover, lacquer thinner, cleaning 1,028
fluid, gasoline, or other preparation containing a volatile 1,029
organic solvent; 1,030
(2) Any aerosol propellant; 1,032
(3) Any fluorocarbon refrigerant; 1,034
(4) Any anesthetic gas. 1,036
(J) "Manufacture" means to plant, cultivate, harvest, 1,038
process, make, prepare, or otherwise engage in any part of the 1,039
production of a drug, by propagation, extraction, chemical 1,040
synthesis, or compounding, or any combination of the same, and 1,041
includes packaging, repackaging, labeling, and other activities 1,042
incident to production. 1,043
(K) "Possess" or "possession" means having control over a 1,045
thing or substance, but may not be inferred solely from mere 1,046
access to the thing or substance through ownership or occupation 1,047
of the premises upon which the thing or substance is found. 1,048
(L) "Sample drug" means a drug or pharmaceutical 1,050
preparation that would be hazardous to health or safety if used 1,051
without the supervision of a licensed health professional 1,053
authorized to prescribe drugs, or a drug of abuse, and that, at 1,054
one time, had been placed in a container plainly marked as a 1,055
24
sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the 1,057
current edition, with cumulative changes if any, of any of the 1,058
following reference works: 1,059
(1) "The National Formulary"; 1,061
(2) "The United States Pharmacopeia," prepared by 1,063
authority of the United States Pharmacopeial Convention, Inc.; 1,064
(3) Other standard references that are approved by the 1,066
state board of pharmacy. 1,067
(N) "Juvenile" means a person under eighteen years of age. 1,069
(O) "Counterfeit controlled substance" means any of the 1,071
following: 1,072
(1) Any drug that bears, or whose container or label 1,074
bears, a trademark, trade name, or other identifying mark used 1,075
without authorization of the owner of rights to that trademark, 1,076
trade name, or identifying mark; 1,077
(2) Any unmarked or unlabeled substance that is 1,079
represented to be a controlled substance manufactured, processed, 1,080
packed, or distributed by a person other than the person that 1,081
manufactured, processed, packed, or distributed it; 1,082
(3) Any substance that is represented to be a controlled 1,084
substance but is not a controlled substance or is a different 1,085
controlled substance; 1,086
(4) Any substance other than a controlled substance that a 1,088
reasonable person would believe to be a controlled substance 1,089
because of its similarity in shape, size, and color, or its 1,090
markings, labeling, packaging, distribution, or the price for 1,091
which it is sold or offered for sale. 1,092
(P) An offense is "committed in the vicinity of a school" 1,094
if the offender commits the offense on school premises, in a 1,095
school building, or within one thousand feet of the boundaries of 1,096
any school premises.
(Q) "School" means any school operated by a board of 1,098
education or any school for which the state board of education 1,099
25
prescribes minimum standards under section 3301.07 of the Revised 1,100
Code, whether or not any instruction, extracurricular activities, 1,101
or training provided by the school is being conducted at the time 1,102
a criminal offense is committed. 1,103
(R) "School premises" means either of the following: 1,105
(1) The parcel of real property on which any school is 1,107
situated, whether or not any instruction, extracurricular 1,108
activities, or training provided by the school is being conducted 1,109
on the premises at the time a criminal offense is committed; 1,110
(2) Any other parcel of real property that is owned or 1,112
leased by a board of education of a school or the governing body 1,113
of a school for which the state board of education prescribes 1,114
minimum standards under section 3301.07 of the Revised Code and 1,115
on which some of the instruction, extracurricular activities, or 1,116
training of the school is conducted, whether or not any 1,117
instruction, extracurricular activities, or training provided by 1,118
the school is being conducted on the parcel of real property at 1,119
the time a criminal offense is committed. 1,120
(S) "School building" means any building in which any of 1,122
the instruction, extracurricular activities, or training provided 1,123
by a school is conducted, whether or not any instruction, 1,124
extracurricular activities, or training provided by the school is 1,125
being conducted in the school building at the time a criminal 1,126
offense is committed. 1,127
(T) "Disciplinary counsel" means the disciplinary counsel 1,129
appointed by the board of commissioners on grievances and 1,130
discipline of the supreme court under the Rules for the 1,131
Government of the Bar of Ohio. 1,132
(U)(Q) "Certified grievance committee" means a duly 1,134
constituted and organized committee of the Ohio state bar 1,135
association or of one or more local bar associations of the state 1,136
of Ohio that complies with the criteria set forth in Rule V, 1,137
section 6 of the Rules for the Government of the Bar of Ohio. 1,138
(V)(R) "Professional license" means any license, permit, 1,140
26
certificate, registration, qualification, admission, temporary 1,141
license, temporary permit, temporary certificate, or temporary 1,142
registration that is described in divisions (W)(S)(1) to (35) of 1,144
this section and that qualifies a person as a professionally 1,145
licensed person. 1,146
(W)(S) "Professionally licensed person" means any of the 1,148
following: 1,149
(1) A person who has obtained a license as a manufacturer 1,151
of controlled substances or a wholesaler of controlled substances 1,152
under Chapter 3719. of the Revised Code; 1,153
(2) A person who has received a certificate or temporary 1,155
certificate as a certified public accountant or who has 1,156
registered as a public accountant under Chapter 4701. of the 1,157
Revised Code and who holds a live permit issued under that 1,158
chapter; 1,159
(3) A person who holds a certificate of qualification to 1,161
practice architecture issued or renewed and registered under 1,162
Chapter 4703. of the Revised Code; 1,163
(4) A person who is registered as a landscape architect 1,165
under Chapter 4703. of the Revised Code or who holds a permit as 1,166
a landscape architect issued under that chapter; 1,167
(5) A person licensed as an auctioneer or apprentice 1,169
auctioneer or licensed to operate an auction company under 1,170
Chapter 4707. of the Revised Code; 1,171
(6) A person who has been issued a certificate of 1,173
registration as a registered barber under Chapter 4709. of the 1,174
Revised Code; 1,175
(7) A person licensed and regulated to engage in the 1,177
business of a debt pooling company by a legislative authority, 1,178
under authority of Chapter 4710. of the Revised Code; 1,179
(8) A person who has been issued a cosmetologist's 1,181
license, manicurist's license, esthetician's license, managing 1,182
cosmetologist's license, managing manicurist's license, managing 1,183
esthetician's license, cosmetology instructor's license, 1,184
27
manicurist instructor's license, esthetician instructor's 1,185
license, or tanning facility permit under Chapter 4713. of the 1,186
Revised Code; 1,187
(9) A person who has been issued a license to practice 1,189
dentistry, a general anesthesia permit, a conscious intravenous 1,190
sedation permit, a limited resident's license, a limited teaching 1,191
license, a dental hygienist's license, or a dental hygienist's 1,192
teacher's certificate under Chapter 4715. of the Revised Code; 1,193
(10) A person who has been issued an embalmer's license, a 1,195
funeral director's license, a funeral home license, or a 1,196
crematory license, or who has been registered for an embalmer's 1,197
or funeral director's apprenticeship under Chapter 4717. of the 1,198
Revised Code;
(11) A person who has been licensed as a registered nurse 1,200
or practical nurse, or who has been issued a certificate for the 1,201
practice of nurse-midwifery under Chapter 4723. of the Revised 1,202
Code; 1,203
(12) A person who has been licensed to practice optometry 1,205
or to engage in optical dispensing under Chapter 4725. of the 1,206
Revised Code; 1,207
(13) A person licensed to act as a pawnbroker under 1,209
Chapter 4727. of the Revised Code; 1,210
(14) A person licensed to act as a precious metals dealer 1,212
under Chapter 4728. of the Revised Code; 1,213
(15) A person licensed as a pharmacist, a pharmacy intern, 1,216
a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised 1,217
Code; 1,218
(16) A person who is authorized to practice as a physician 1,220
assistant under Chapter 4730. of the Revised Code; 1,221
(17) A person who has been issued a certificate to 1,223
practice medicine and surgery, osteopathic medicine and surgery, 1,224
a limited branch of medicine or surgery, or podiatry under 1,225
Chapter 4731. of the Revised Code; 1,226
28
(18) A person licensed as a psychologist or school 1,228
psychologist under Chapter 4732. of the Revised Code; 1,229
(19) A person registered to practice the profession of 1,231
engineering or surveying under Chapter 4733. of the Revised Code; 1,232
(20) A person who has been issued a license to practice 1,235
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker, 1,237
real estate salesperson, limited real estate broker, or limited 1,238
real estate salesperson under Chapter 4735. of the Revised Code; 1,239
(22) A person registered as a registered sanitarian under 1,241
Chapter 4736. of the Revised Code; 1,242
(23) A person licensed to operate or maintain a junkyard 1,244
under Chapter 4737. of the Revised Code; 1,245
(24) A person who has been issued a motor vehicle salvage 1,247
dealer's license under Chapter 4738. of the Revised Code; 1,248
(25) A person who has been licensed to act as a steam 1,250
engineer under Chapter 4739. of the Revised Code; 1,251
(26) A person who has been issued a license or temporary 1,253
permit to practice veterinary medicine or any of its branches, or 1,254
who is registered as a graduate animal technician under Chapter 1,255
4741. of the Revised Code; 1,256
(27) A person who has been issued a hearing aid dealer's 1,258
or fitter's license or trainee permit under Chapter 4747. of the 1,259
Revised Code; 1,260
(28) A person who has been issued a class A, class B, or 1,262
class C license or who has been registered as an investigator or 1,263
security guard employee under Chapter 4749. of the Revised Code; 1,264
(29) A person licensed and registered to practice as a 1,266
nursing home administrator under Chapter 4751. of the Revised 1,267
Code; 1,268
(30) A person licensed to practice as a speech-language 1,270
pathologist or audiologist under Chapter 4753. of the Revised 1,272
Code;
(31) A person issued a license as an occupational 1,274
29
therapist or physical therapist under Chapter 4755. of the 1,275
Revised Code; 1,276
(32) A person who is licensed as a professional clinical 1,278
counselor or professional counselor, licensed as a social worker 1,279
or independent social worker, or registered as a social work 1,280
assistant under Chapter 4757. of the Revised Code; 1,281
(33) A person issued a license to practice dietetics under 1,283
Chapter 4759. of the Revised Code; 1,284
(34) A person who has been issued a license or limited 1,287
permit to practice respiratory therapy under Chapter 4761. of the 1,288
Revised Code; 1,289
(35) A person who has been issued a real estate appraiser 1,291
certificate under Chapter 4763. of the Revised Code. 1,292
(X)(T) "Cocaine" means any of the following: 1,294
(1) A cocaine salt, isomer, or derivative, a salt of a 1,296
cocaine isomer or derivative, or the base form of cocaine; 1,297
(2) Coca leaves or a salt, compound, derivative, or 1,299
preparation of coca leaves, including ecgonine, a salt, isomer, 1,300
or derivative of ecgonine, or a salt of an isomer or derivative 1,301
of ecgonine; 1,302
(3) A salt, compound, derivative, or preparation of a 1,304
substance identified in division (X)(T)(1) or (2) of this section 1,306
that is chemically equivalent to or identical with any of those 1,307
substances, except that the substances shall not include 1,308
decocainized coca leaves or extraction of coca leaves if the 1,309
extractions do not contain cocaine or ecgonine. 1,310
(Y)(U) "L.S.D." means lysergic acid diethylamide. 1,313
(Z)(V) "Hashish" means the resin or a preparation of the 1,315
resin contained in marihuana, whether in solid form or in a 1,317
liquid concentrate, liquid extract, or liquid distillate form. 1,318
(AA)(W) "Marihuana" has the same meaning as in section 1,320
3719.01 of the Revised Code, except that it does not include 1,322
hashish.
(BB)(X) An offense is "committed in the vicinity of a 1,324
30
juvenile" if the offender commits the offense within one hundred 1,326
feet of a juvenile or within the view of a juvenile, regardless 1,327
of whether the offender knows the age of the juvenile, whether 1,328
the offender knows the offense is being committed within one 1,329
hundred feet of or within view of the juvenile, or whether the 1,330
juvenile actually views the commission of the offense.
(CC)(Y) "Presumption for a prison term" or "presumption 1,332
that a prison term shall be imposed" means a presumption, as 1,334
described in division (D) of section 2929.13 of the Revised Code, 1,335
that a prison term is a necessary sanction for a felony in order 1,336
to comply with the purposes and principles of sentencing under 1,337
section 2929.11 of the Revised Code.
(DD)(Z) "Major drug offender" has the same meaning as in 1,339
section 2929.01 of the Revised Code. 1,341
(EE)(AA) "Minor drug possession offense" means either of 1,343
the following: 1,344
(1) A violation of section 2925.11 of the Revised Code as 1,346
it existed prior to July 1, 1996; 1,347
(2) A violation of section 2925.11 of the Revised Code as 1,349
it exists on and after July 1, 1996, that is a misdemeanor or a 1,350
felony of the fifth degree. 1,351
(FF)(BB) "Mandatory prison term" has the same meaning as 1,353
in section 2929.01 of the Revised Code. 1,354
(GG)(CC) "Crack cocaine" means a compound, mixture, 1,356
preparation, or substance that is or contains any amount of 1,358
cocaine that is analytically identified as the base form of 1,359
cocaine or that is in a form that resembles rocks or pebbles 1,360
generally intended for individual use.
Sec. 2925.02. (A) No person shall knowingly do any of the 1,369
following: 1,370
(1) By force, threat, or deception, administer to another 1,372
or induce or cause another to use a controlled substance; 1,373
(2) By any means, administer or furnish to another or 1,375
induce or cause another to use a controlled substance with 1,376
31
purpose to cause serious physical harm to the other person, or 1,377
with purpose to cause the other person to become drug dependent; 1,378
(3) By any means, administer or furnish to another or 1,380
induce or cause another to use a controlled substance, and 1,381
thereby cause serious physical harm to the other person, or cause 1,382
the other person to become drug dependent; 1,383
(4) By any means, do any of the following: 1,385
(a) Furnish or administer a controlled substance to a 1,387
juvenile who is at least two years the offender's junior, when 1,389
the offender knows the age of the juvenile or is reckless in that 1,390
regard;
(b) Induce or cause a juvenile who is at least two years 1,392
the offender's junior to use a controlled substance, when the 1,394
offender knows the age of the juvenile or is reckless in that 1,395
regard;
(c) Induce or cause a juvenile who is at least two years 1,397
the offender's junior to commit a felony drug abuse offense, when 1,399
the offender knows the age of the juvenile or is reckless in that 1,400
regard; 1,401
(d) Use a juvenile, whether or not the offender knows the 1,403
age of the juvenile, to perform any surveillance activity that is 1,404
intended to prevent the detection of the offender or any other 1,405
person in the commission of a felony drug abuse offense or to 1,406
prevent the arrest of the offender or any other person for the 1,407
commission of a felony drug abuse offense. 1,408
(B) Division (A)(1), (3), or (4) of this section does not 1,410
apply to manufacturers, wholesalers, licensed health 1,411
professionals authorized to prescribe drugs, pharmacists, owners 1,413
of pharmacies, and other persons whose conduct is in accordance 1,414
with Chapters 3719., 4715., 4729., 4731., and 4741. of the 1,415
Revised Code or section 4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting 1,417
another with drugs. The penalty for the offense shall be 1,418
determined as follows: 1,419
32
(1) Except as otherwise provided in this division, if the 1,421
drug involved is any compound, mixture, preparation, or substance 1,423
included in schedule I or II, with the exception of marihuana, 1,424
corrupting another with drugs is a felony of the second degree, 1,425
and, subject to division (E) of this section, the court shall 1,426
impose as a mandatory prison term one of the prison terms 1,428
prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance 1,429
included in schedule I or II, with the exception of marihuana, 1,430
and if the offense was committed in the vicinity of a school 1,431
SAFETY ZONE, corrupting another with drugs is a felony of the 1,434
first degree, and, subject to division (E) of this section, the 1,435
court shall impose as a mandatory prison term one of the prison 1,436
terms prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the 1,438
drug involved is any compound, mixture, preparation, or substance 1,439
included in schedule III, IV, or V, corrupting another with drugs 1,440
is a felony of the second degree, and there is a presumption for 1,441
a prison term for the offense. If the drug involved is any 1,442
compound, mixture, preparation, or substance included in schedule 1,443
III, IV, or V and if the offense was committed in the vicinity of 1,444
a school SAFETY ZONE, corrupting another with drugs is a felony 1,446
of the second degree, and the court shall impose as a mandatory 1,447
prison term one of the prison terms prescribed for a felony of 1,448
the second degree.
(3) Except as otherwise provided in this division, if the 1,450
drug involved is marihuana, corrupting another with drugs is a 1,452
felony of the fourth degree, and division (C) of section 2929.13 1,453
of the Revised Code applies in determining whether to impose a 1,454
prison term on the offender. If the drug involved is marihuana 1,455
and if the offense was committed in the vicinity of a school 1,456
SAFETY ZONE, corrupting another with drugs is a felony of the 1,457
third degree, and division (C) of section 2929.13 of the Revised 1,458
Code applies in determining whether to impose a prison term on 1,459
33
the offender.
(D) In addition to any prison term authorized or required 1,461
by division (C) or (E) of this section and sections 2929.13 and 1,462
2929.14 of the Revised Code and in addition to any other sanction 1,463
imposed for the offense under this section or sections 2929.11 to 1,464
2929.18 of the Revised Code, the court that sentences an offender 1,466
who is convicted of or pleads guilty to a violation of division 1,467
(A) of this section or the clerk of that court shall do all of 1,468
the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 1,471
or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of 1,472
section 2929.18 of the Revised Code unless, as specified in that 1,473
division, the court determines that the offender is indigent. 1,474
(b) Notwithstanding any contrary provision of section 1,476
3719.21 of the Revised Code, any mandatory fine imposed pursuant 1,478
to division (D)(1)(a) of this section and any fine imposed for a 1,479
violation of this section pursuant to division (A) of section 1,480
2929.18 of the Revised Code shall be paid by the clerk of the 1,481
court in accordance with and subject to the requirements of, and 1,482
shall be used as specified in, division (F) of section 2925.03 of 1,483
the Revised Code.
(c) If a person is charged with any violation of this 1,485
section that is a felony of the first, second, or third degree, 1,487
posts bail, and forfeits the bail, the forfeited bail shall be
paid by the clerk of the court pursuant to division (D)(1)(b) of 1,488
this section as if it were a fine imposed for a violation of this 1,490
section.
(2) The court either shall revoke or, if it does not 1,493
revoke, shall suspend for not less than six months or more than 1,494
five years, the driver's or commercial driver's license or permit 1,495
of any person who is convicted of or pleads guilty to a violation 1,496
of this section that is a felony of the first degree and shall 1,497
suspend for not less than six months nor more than five years the 1,498
34
driver's or commercial driver's license or permit of any person 1,499
who is convicted of or pleads guilty to any other violation of 1,500
this section. If an offender's driver's or commercial driver's 1,501
license or permit is revoked pursuant to this division, the 1,502
offender, at any time after the expiration of two years from the 1,503
day on which the offender's sentence was imposed or from the day 1,504
on which the offender finally was released from a prison term 1,505
under the sentence, whichever is later, may file a motion with 1,506
the sentencing court requesting termination of the revocation. 1,507
Upon the filing of the motion and the court's finding of good 1,509
cause for the termination, the court may terminate the 1,510
revocation.
(3) If the offender is a professionally licensed person or 1,512
a person who has been admitted to the bar by order of the supreme 1,513
court in compliance with its prescribed and published rules, in 1,514
addition to any other sanction imposed for a violation of this 1,515
section, the court forthwith shall comply with section 2925.38 of 1,516
the Revised Code. 1,517
(E) Notwithstanding the prison term otherwise authorized 1,519
or required for the offense under division (C) of this section 1,520
and sections 2929.13 and 2929.14 of the Revised Code, if the 1,521
violation of division (A) of this section involves the sale, 1,523
offer to sell, or possession of a schedule I or II controlled 1,525
substance, with the exception of marihuana, and if the offender, 1,527
as a result of the violation, is a major drug offender, the 1,529
court, in lieu of the prison term that otherwise is authorized or 1,530
required, shall impose upon the offender the mandatory prison 1,531
term specified in division (D)(3)(a) of section 2929.14 of the 1,532
Revised Code and may impose an additional prison term under 1,533
division (D)(3)(b) of that section. 1,534
Sec. 2925.03. (A) No person shall knowingly sell or offer 1,543
to sell a controlled substance. 1,544
(B) This section does not apply to any of the following: 1,546
(1) Manufacturers, licensed health professionals 1,548
35
authorized to prescribe drugs, pharmacists, owners of pharmacies, 1,550
and other persons whose conduct is in accordance with Chapters 1,551
3719., 4715., 4729., 4731., and 4741. or section 4723.56 of the 1,552
Revised Code;
(2) If the offense involves an anabolic steroid, any 1,554
person who is conducting or participating in a research project 1,555
involving the use of an anabolic steroid if the project has been 1,556
approved by the United States food and drug administration; 1,557
(3) Any person who sells, offers for sale, prescribes, 1,559
dispenses, or administers for livestock or other nonhuman species 1,560
an anabolic steroid that is expressly intended for administration 1,561
through implants to livestock or other nonhuman species and 1,562
approved for that purpose under the "Federal Food, Drug, and 1,563
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 1,564
and is sold, offered for sale, prescribed, dispensed, or 1,565
administered for that purpose in accordance with that act. 1,566
(C) Whoever violates division (A) of this section is 1,568
guilty of one of the following: 1,569
(1) If the drug involved in the violation is any compound, 1,572
mixture, preparation, or substance included in schedule I or 1,573
schedule II, with the exception of marihuana, cocaine, L.S.D., 1,574
heroin, and hashish, whoever violates division (A) of this 1,576
section is guilty of aggravated trafficking in drugs. The 1,577
penalty for the offense shall be determined as follows: 1,578
(a) Except as otherwise provided in division (C)(1)(b), 1,581
(c), (d), (e), or (f) of this section, aggravated trafficking in 1,582
drugs is a felony of the fourth degree, and division (C) of 1,584
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,586
(b) Except as otherwise provided in division (C)(1)(c), 1,589
(d), (e), or (f) of this section, if the offense was committed in 1,590
the vicinity of a school SAFETY ZONE or in the vicinity of a 1,591
juvenile, aggravated trafficking in drugs is a felony of the
third degree, and division (C) of section 2929.13 of the Revised 1,592
36
Code applies in determining whether to impose a prison term on 1,593
the offender.
(c) Except as otherwise provided in this division, if the 1,595
amount of the drug involved exceeds the bulk amount but does not 1,597
exceed five times the bulk amount, aggravated trafficking in 1,598
drugs is a felony of the third degree, and the court shall impose 1,599
as a mandatory prison term one of the prison terms prescribed for 1,600
a felony of the third degree. If the amount of the drug involved 1,601
is within that range and if the offense was committed in the 1,602
vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the 1,603
second degree, and the court shall impose as a mandatory prison 1,604
term one of the prison terms prescribed for a felony of the 1,605
second degree.
(d) Except as otherwise provided in this division, if the 1,607
amount of the drug involved exceeds five times the bulk amount 1,609
but does not exceed fifty times the bulk amount, aggravated 1,610
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 1,611
terms prescribed for a felony of the second degree. If the 1,612
amount of the drug involved is within that range and if the 1,613
offense was committed in the vicinity of a school SAFETY ZONE or 1,614
in the vicinity of a juvenile, aggravated trafficking in drugs is 1,615
a felony of the first degree, and the court shall impose as a 1,616
mandatory prison term one of the prison terms prescribed for a 1,617
felony of the first degree. 1,618
(e) If the amount of the drug involved exceeds fifty times 1,621
the bulk amount but does not exceed one hundred times the bulk 1,622
amount and regardless of whether the offense was committed in the 1,623
vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the 1,624
first degree, and the court shall impose as a mandatory prison 1,625
term one of the prison terms prescribed for a felony of the first 1,626
degree. 1,627
37
(f) If the amount of the drug involved exceeds one hundred 1,630
times the bulk amount and regardless of whether the offense was 1,631
committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, aggravated trafficking in drugs is a 1,632
felony of the first degree, and the court shall impose as a 1,633
mandatory prison term the maximum prison term prescribed for a 1,634
felony of the first degree and may impose an additional prison 1,635
term prescribed for a major drug offender under division 1,636
(D)(3)(b) of section 2929.14 of the Revised Code. 1,638
(2) If the drug involved in the violation is any compound, 1,641
mixture, preparation, or substance included in schedule III, IV, 1,642
or V, whoever violates division (A) of this section is guilty of 1,643
trafficking in drugs. The penalty for the offense shall be 1,644
determined as follows: 1,645
(a) Except as otherwise provided in division (C)(2)(b), 1,648
(c), (d), or (e) of this section, trafficking in drugs is a 1,650
felony of the fifth degree, and division (C) of section 2929.13 1,651
of the Revised Code applies in determining whether to impose a 1,652
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 1,655
(d), or (e) of this section, if the offense was committed in the 1,656
vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, trafficking in drugs is a felony of the fourth degree, 1,657
and division (C) of section 2929.13 of the Revised Code applies 1,658
in determining whether to impose a prison term on the offender. 1,660
(c) Except as otherwise provided in this division, if the 1,662
amount of the drug involved exceeds the bulk amount but does not 1,664
exceed five times the bulk amount, trafficking in drugs is a 1,665
felony of the fourth degree, and there is a presumption for a 1,666
prison term for the offense. If the amount of the drug involved 1,667
is within that range and if the offense was committed in the 1,668
vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, trafficking in drugs is a felony of the third degree, 1,669
and there is a presumption for a prison term for the offense. 1,670
38
(d) Except as otherwise provided in this division, if the 1,672
amount of the drug involved exceeds five times the bulk amount 1,674
but does not exceed fifty times the bulk amount, trafficking in 1,675
drugs is a felony of the third degree, and there is a presumption 1,676
for a prison term for the offense. If the amount of the drug 1,677
involved is within that range and if the offense was committed in 1,678
the vicinity of a school SAFETY ZONE or in the vicinity of a 1,679
juvenile, trafficking in drugs is a felony of the second degree, 1,680
and there is a presumption for a prison term for the offense. 1,681
(e) Except as otherwise provided in this division, if the 1,683
amount of the drug involved exceeds fifty times the bulk amount, 1,685
trafficking in drugs is a felony of the second degree, and the 1,686
court shall impose as a mandatory prison term one of the prison 1,687
terms prescribed for a felony of the second degree. If the 1,688
amount of the drug involved exceeds fifty times the bulk amount 1,689
and if the offense was committed in the vicinity of a school 1,690
SAFETY ZONE or in the vicinity of a juvenile, trafficking in 1,691
drugs is a felony of the first degree, and the court shall impose 1,692
as a mandatory prison term one of the prison terms prescribed for 1,693
a felony of the first degree. 1,694
(3) If the drug involved in the violation is marihuana or 1,696
a compound, mixture, preparation, or substance containing 1,697
marihuana other than hashish, whoever violates division (A) of 1,699
this section is guilty of trafficking in marihuana. The penalty 1,700
for the offense shall be determined as follows: 1,701
(a) Except as otherwise provided in division (C)(3)(b), 1,704
(c), (d), (e), (f), or (g) of this section, trafficking in 1,705
marihuana is a felony of the fifth degree, and division (C) of 1,708
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,709
(b) Except as otherwise provided in division (C)(3)(c), 1,712
(d), (e), (f), or (g) of this section, if the offense was 1,714
committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in marihuana is a felony of 1,715
39
the fourth degree, and division (C) of section 2929.13 of the 1,716
Revised Code applies in determining whether to impose a prison 1,717
term on the offender.
(c) Except as otherwise provided in this division, if the 1,719
amount of the drug involved exceeds two hundred grams but does 1,721
not exceed one thousand grams, trafficking in marihuana is a 1,722
felony of the fourth degree, and division (C) of section 2929.13 1,723
of the Revised Code applies in determining whether to impose a 1,725
prison term on the offender. If the amount of the drug involved 1,726
is within that range and if the offense was committed in the 1,727
vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the third 1,728
degree, and division (C) of section 2929.13 of the Revised Code 1,729
applies in determining whether to impose a prison term on the 1,731
offender.
(d) Except as otherwise provided in this division, if the 1,733
amount of the drug involved exceeds one thousand grams but does 1,735
not exceed five thousand grams, trafficking in marihuana is a 1,736
felony of the third degree, and division (C) of section 2929.13 1,737
of the Revised Code applies in determining whether to impose a 1,739
prison term on the offender. If the amount of the drug involved 1,740
is within that range and if the offense was committed in the 1,741
vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second 1,742
degree, and there is a presumption that a prison term shall be 1,743
imposed for the offense.
(e) Except as otherwise provided in this division, if the 1,745
amount of the drug involved exceeds five thousand grams but does 1,747
not exceed twenty thousand grams, trafficking in marihuana is a 1,748
felony of the third degree, and there is a presumption that a 1,749
prison term shall be imposed for the offense. If the amount of 1,750
the drug involved is within that range and if the offense was 1,751
committed in the vicinity of a school SAFETY ZONE or in the 1,752
vicinity of a juvenile, trafficking in marihuana is a felony of 1,753
40
the second degree, and there is a presumption that a prison term 1,754
shall be imposed for the offense. 1,755
(f) Except as otherwise provided in this division, if the 1,757
amount of the drug involved exceeds twenty thousand grams, 1,759
trafficking in marihuana is a felony of the second degree, and 1,760
the court shall impose as a mandatory prison term the maximum 1,761
prison term prescribed for a felony of the second degree. If the 1,762
amount of the drug involved exceeds twenty thousand grams and if 1,763
the offense was committed in the vicinity of a school SAFETY ZONE 1,764
or in the vicinity of a juvenile, trafficking in marihuana is a 1,765
felony of the first degree, and the court shall impose as a 1,766
mandatory prison term the maximum prison term prescribed for a 1,767
felony of the first degree. 1,768
(g) Except as otherwise provided in this division, if the 1,771
offense involves a gift of twenty grams or less of marihuana, 1,772
trafficking in marihuana is a minor misdemeanor upon a first 1,773
offense and a misdemeanor of the third degree upon a subsequent 1,774
offense. If the offense involves a gift of twenty grams or less 1,775
of marihuana and if the offense was committed in the vicinity of 1,776
a school SAFETY ZONE or in the vicinity of a juvenile,
trafficking in marihuana is a misdemeanor of the third degree. 1,777
(4) If the drug involved in the violation is cocaine or a 1,779
compound, mixture, preparation, or substance containing cocaine, 1,780
whoever violates division (A) of this section is guilty of 1,782
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 1,783
(a) Except as otherwise provided in division (C)(4)(b), 1,786
(c), (d), (e), (f), or (g) of this section, trafficking in 1,787
cocaine is a felony of the fifth degree, and division (C) of 1,789
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,791
(b) Except as otherwise provided in division (C)(4)(c), 1,794
(d), (e), (f), or (g) of this section, if the offense was 1,795
committed in the vicinity of a school SAFETY ZONE or in the
41
vicinity of a juvenile, trafficking in cocaine is a felony of the 1,796
fourth degree, and division (C) of section 2929.13 of the Revised 1,797
Code applies in determining whether to impose a prison term on 1,799
the offender.
(c) Except as otherwise provided in this division, if the 1,801
amount of the drug involved exceeds five grams but does not 1,802
exceed ten grams of cocaine that is not crack cocaine or exceeds 1,804
one gram but does not exceed five grams of crack cocaine, 1,806
trafficking in cocaine is a felony of the fourth degree, and 1,807
there is a presumption for a prison term for the offense. If the 1,808
amount of the drug involved is within one of those ranges and if 1,809
the offense was committed in the vicinity of a school SAFETY ZONE
or in the vicinity of a juvenile, trafficking in cocaine is a 1,810
felony of the third degree, and there is a presumption for a 1,811
prison term for the offense. 1,812
(d) Except as otherwise provided in this division, if the 1,814
amount of the drug involved exceeds ten grams but does not exceed 1,815
one hundred grams of cocaine that is not crack cocaine or exceeds 1,817
five grams but does not exceed ten grams of crack cocaine, 1,818
trafficking in cocaine is a felony of the third degree, and the 1,819
court shall impose as a mandatory prison term one of the prison 1,820
terms prescribed for a felony of the third degree. If the amount 1,821
of the drug involved is within one of those ranges and if the 1,822
offense was committed in the vicinity of a school SAFETY ZONE or 1,823
in the vicinity of a juvenile, trafficking in cocaine is a felony 1,826
of the second degree, and the court shall impose as a mandatory 1,827
prison term one of the prison terms prescribed for a felony of 1,828
the second degree. 1,829
(e) Except as otherwise provided in this division, if the 1,831
amount of the drug involved exceeds one hundred grams but does 1,832
not exceed five hundred grams of cocaine that is not crack 1,833
cocaine or exceeds ten grams but does not exceed twenty-five 1,835
grams of crack cocaine, trafficking in cocaine is a felony of the 1,837
second degree, and the court shall impose as a mandatory prison 1,838
42
term one of the prison terms prescribed for a felony of the 1,839
second degree. If the amount of the drug involved is within one 1,840
of those ranges and if the offense was committed in the vicinity 1,841
of a school SAFETY ZONE or in the vicinity of a juvenile,
trafficking in cocaine is a felony of the first degree, and the 1,844
court shall impose as a mandatory prison term one of the prison 1,845
terms prescribed for a felony of the first degree. 1,846
(f) If the amount of the drug involved exceeds five 1,849
hundred grams but does not exceed one thousand grams of cocaine 1,850
that is not crack cocaine or exceeds twenty-five grams but does 1,851
not exceed one hundred grams of crack cocaine and regardless of 1,852
whether the offense was committed in the vicinity of a school 1,853
SAFETY ZONE or in the vicinity of a juvenile, trafficking in 1,855
cocaine is a felony of the first degree, and the court shall 1,856
impose as a mandatory prison term one of the prison terms 1,857
prescribed for a felony of the first degree. 1,858
(g) If the amount of the drug involved exceeds one 1,861
thousand grams of cocaine that is not crack cocaine or exceeds 1,862
one hundred grams of crack cocaine and regardless of whether the 1,864
offense was committed in the vicinity of a school SAFETY ZONE or
in the vicinity of a juvenile, trafficking in cocaine is a felony 1,865
of the first degree, and the court shall impose as a mandatory 1,866
prison term the maximum prison term prescribed for a felony of 1,867
the first degree and may impose an additional mandatory prison 1,868
term prescribed for a major drug offender under division 1,869
(D)(3)(b) of section 2929.14 of the Revised Code. 1,870
(5) If the drug involved in the violation is L.S.D. or a 1,873
compound, mixture, preparation, or substance containing L.S.D., 1,874
whoever violates division (A) of this section is guilty of 1,875
trafficking in L.S.D. The penalty for the offense shall be 1,877
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 1,880
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 1,882
is a felony of the fifth degree, and division (C) of section 1,883
43
2929.13 of the Revised Code applies in determining whether to 1,885
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 1,888
(d), (e), (f), or (g) of this section, if the offense was 1,889
committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 1,890
fourth degree, and division (C) of section 2929.13 of the Revised 1,891
Code applies in determining whether to impose a prison term on 1,892
the offender.
(c) Except as otherwise provided in this division, if the 1,894
amount of the drug involved exceeds ten unit doses but does not 1,896
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 1,897
gram but does not exceed five grams of L.S.D. in a liquid 1,899
concentrate, liquid extract, or liquid distillate form, 1,901
trafficking in L.S.D. is a felony of the fourth degree, and there 1,904
is a presumption for a prison term for the offense. If the 1,905
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school SAFETY ZONE or 1,906
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 1,908
of the third degree, and there is a presumption for a prison term 1,909
for the offense.
(d) Except as otherwise provided in this division, if the 1,911
amount of the drug involved exceeds fifty unit doses but does not 1,913
exceed two hundred fifty unit doses of L.S.D. in a solid form or 1,914
exceeds five grams but does not exceed twenty-five grams of 1,916
L.S.D. in a liquid concentrate, liquid extract, or liquid 1,918
distillate form, trafficking in L.S.D. is a felony of the third 1,921
degree, and the court shall impose as a mandatory prison term one 1,922
of the prison terms prescribed for a felony of the third degree. 1,923
If the amount of the drug involved is within that range and if 1,924
the offense was committed in the vicinity of a school SAFETY ZONE 1,925
or in the vicinity of a juvenile, trafficking in L.S.D. is a 1,927
felony of the second degree, and the court shall impose as a 1,928
mandatory prison term one of the prison terms prescribed for a 1,929
44
felony of the second degree.
(e) Except as otherwise provided in this division, if the 1,931
amount of the drug involved exceeds two hundred fifty unit doses 1,933
but does not exceed one thousand unit doses of L.S.D. in a solid 1,935
form or exceeds twenty-five grams but does not exceed one hundred 1,937
grams of L.S.D. in a liquid concentrate, liquid extract, or 1,939
liquid distillate form, trafficking in L.S.D. is a felony of the 1,941
second degree, and the court shall impose as a mandatory prison 1,942
term one of the prison terms prescribed for a felony of the 1,943
second degree. If the amount of the drug involved is within that 1,944
range and if the offense was committed in the vicinity of a 1,945
school SAFETY ZONE or in the vicinity of a juvenile, trafficking 1,946
in L.S.D. is a felony of the first degree, and the court shall 1,948
impose as a mandatory prison term one of the prison terms 1,949
prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds one 1,952
thousand unit doses but does not exceed five thousand unit doses 1,953
of L.S.D. in a solid form or exceeds one hundred grams but does 1,956
not exceed five hundred grams of L.S.D. in a liquid concentrate, 1,958
liquid extract, or liquid distillate form and regardless of 1,959
whether the offense was committed in the vicinity of a school
SAFETY ZONE or in the vicinity of a juvenile, trafficking in
L.S.D. is a felony of the first degree, and the court shall 1,961
impose as a mandatory prison term one of the prison terms 1,962
prescribed for a felony of the first degree. 1,963
(g) If the amount of the drug involved exceeds five 1,966
thousand unit doses of L.S.D. in a solid form or exceeds five 1,967
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 1,969
or liquid distillate form and regardless of whether the offense 1,972
was committed in the vicinity of a school SAFETY ZONE or in the 1,973
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 1,976
first degree, and the court shall impose as a mandatory prison 1,977
term the maximum prison term prescribed for a felony of the first 1,978
degree and may impose an additional mandatory prison term 1,979
45
prescribed for a major drug offender under division (D)(3)(b) of 1,980
section 2929.14 of the Revised Code. 1,981
(6) If the drug involved in the violation is heroin or a 1,983
compound, mixture, preparation, or substance containing heroin, 1,984
whoever violates division (A) of this section is guilty of 1,986
trafficking in heroin. The penalty for the offense shall be
determined as follows: 1,987
(a) Except as otherwise provided in division (C)(6)(b), 1,990
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 1,992
is a felony of the fifth degree, and division (C) of section 1,993
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 1,995
(b) Except as otherwise provided in division (C)(6)(c), 1,998
(d), (e), (f), or (g) of this section, if the offense was 1,999
committed in the vicinity of a school SAFETY ZONE or in the 2,001
vicinity of a juvenile, trafficking in heroin is a felony of the 2,002
fourth degree, and division (C) of section 2929.13 of the Revised 2,003
Code applies in determining whether to impose a prison term on 2,004
the offender.
(c) Except as otherwise provided in this division, if the 2,006
amount of the drug involved exceeds one gram but does not exceed 2,008
five grams, trafficking in heroin is a felony of the fourth 2,009
degree, and there is a presumption for a prison term for the 2,010
offense. If the amount of the drug involved is within that range 2,011
and if the offense was committed in the vicinity of a school 2,012
SAFETY ZONE or in the vicinity of a juvenile, trafficking in 2,013
heroin is a felony of the third degree, and there is a 2,014
presumption for a prison term for the offense. 2,015
(d) Except as otherwise provided in this division, if the 2,017
amount of the drug involved exceeds five grams but does not 2,019
exceed ten grams, trafficking in heroin is a felony of the third 2,020
degree, and there is a presumption for a prison term for the 2,021
offense. If the amount of the drug involved is within that range 2,022
and if the offense was committed in the vicinity of a school 2,023
46
SAFETY ZONE or in the vicinity of a juvenile, trafficking in 2,024
heroin is a felony of the second degree, and there is a 2,025
presumption for a prison term for the offense. 2,026
(e) Except as otherwise provided in this division, if the 2,028
amount of the drug involved exceeds ten grams but does not exceed 2,030
fifty grams, trafficking in heroin is a felony of the second 2,031
degree, and the court shall impose as a mandatory prison term one 2,032
of the prison terms prescribed for a felony of the second degree. 2,033
If the amount of the drug involved is within that range and if 2,034
the offense was committed in the vicinity of a school SAFETY ZONE 2,035
or in the vicinity of a juvenile, trafficking in heroin is a 2,036
felony of the first degree, and the court shall impose as a 2,037
mandatory prison term one of the prison terms prescribed for a 2,038
felony of the first degree. 2,039
(f) If the amount of the drug involved exceeds fifty grams 2,042
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school 2,043
SAFETY ZONE or in the vicinity of a juvenile, trafficking in 2,044
heroin is a felony of the first degree, and the court shall 2,045
impose as a mandatory prison term one of the prison terms 2,046
prescribed for a felony of the first degree. 2,047
(g) If the amount of the drug involved exceeds two hundred 2,050
fifty grams and regardless of whether the offense was committed
in the vicinity of a school SAFETY ZONE or in the vicinity of a 2,051
juvenile, trafficking in heroin is a felony of the first degree, 2,053
and the court shall impose as a mandatory prison term the maximum 2,055
prison term prescribed for a felony of the first degree and may 2,056
impose an additional mandatory prison term prescribed for a major 2,057
drug offender under division (D)(3)(b) of section 2929.14 of the 2,058
Revised Code. 2,059
(7) If the drug involved in the violation is hashish or a 2,061
compound, mixture, preparation, or substance containing hashish, 2,062
whoever violates division (A) of this section is guilty of 2,064
trafficking in hashish. The penalty for the offense shall be
47
determined as follows: 2,065
(a) Except as otherwise provided in division (C)(7)(b), 2,068
(c), (d), (e), or (f) of this section, trafficking in hashish is 2,070
a felony of the fifth degree, and division (C) of section 2929.13 2,071
of the Revised Code applies in determining whether to impose a 2,073
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 2,076
(d), (e), or (f) of this section, if the offense was committed in 2,077
the vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, trafficking in hashish is a felony of the fourth 2,078
degree, and division (C) of section 2929.13 of the Revised Code 2,079
applies in determining whether to impose a prison term on the 2,080
offender.
(c) Except as otherwise provided in this division, if the 2,082
amount of the drug involved exceeds ten grams but does not exceed 2,083
fifty grams of hashish in a solid form or exceeds two grams but 2,084
does not exceed ten grams of hashish in a liquid concentrate, 2,085
liquid extract, or liquid distillate form, trafficking in hashish 2,086
is a felony of the fourth degree, and division (C) of section 2,087
2929.13 of the Revised Code applies in determining whether to 2,088
impose a prison term on the offender. If the amount of the drug 2,089
involved is within that range and if the offense was committed in 2,090
the vicinity of a school SAFETY ZONE or in the vicinity of a 2,091
juvenile, trafficking in hashish is a felony of the third degree, 2,092
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 2,093
(d) Except as otherwise provided in this division, if the 2,095
amount of the drug involved exceeds fifty grams but does not 2,096
exceed two hundred fifty grams of hashish in a solid form or 2,097
exceeds ten grams but does not exceed fifty grams of hashish in a 2,098
liquid concentrate, liquid extract, or liquid distillate form, 2,099
trafficking in hashish is a felony of the third degree, and 2,101
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 2,102
48
the amount of the drug involved is within that range and if the 2,104
offense was committed in the vicinity of a school SAFETY ZONE or
in the vicinity of a juvenile, trafficking in hashish is a felony 2,105
of the second degree, and there is a presumption that a prison 2,107
term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 2,109
amount of the drug involved exceeds two hundred fifty grams but 2,110
does not exceed one thousand grams of hashish in a solid form or 2,111
exceeds fifty grams but does not exceed two hundred grams of 2,112
hashish in a liquid concentrate, liquid extract, or liquid 2,114
distillate form, trafficking in hashish is a felony of the third 2,115
degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is 2,116
within that range and if the offense was committed in the 2,117
vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, trafficking in hashish is a felony of the second 2,118
degree, and there is a presumption that a prison term shall be 2,119
imposed for the offense.
(f) Except as otherwise provided in this division, if the 2,121
amount of the drug involved exceeds one thousand grams of hashish 2,123
in a solid form or exceeds two hundred grams of hashish in a 2,124
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 2,126
court shall impose as a mandatory prison term the maximum prison 2,127
term prescribed for a felony of the second degree. If the amount 2,128
of the drug involved exceeds one thousand grams of hashish in a 2,130
solid form or exceeds two hundred grams of hashish in a liquid 2,131
concentrate, liquid extract, or liquid distillate form and if the 2,132
offense was committed in the vicinity of a school SAFETY ZONE or
in the vicinity of a juvenile, trafficking in hashish is a felony 2,133
of the first degree, and the court shall impose as a mandatory 2,135
prison term the maximum prison term prescribed for a felony of 2,136
the first degree.
(D) In addition to any prison term authorized or required 2,139
49
by division (C) of this section and sections 2929.13 and 2929.14 2,140
of the Revised Code, and in addition to any other sanction 2,141
imposed for the offense under this section or sections 2929.11 to 2,142
2929.18 of the Revised Code, the court that sentences an offender 2,143
who is convicted of or pleads guilty to a violation of division 2,144
(A) of this section shall do all of the following that are 2,146
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 2,149
felony of the first, second, or third degree, the court shall 2,150
impose upon the offender the mandatory fine specified for the 2,151
offense under division (B)(1) of section 2929.18 of the Revised 2,152
Code unless, as specified in that division, the court determines 2,153
that the offender is indigent. Except as otherwise provided in 2,154
division (H)(1) of this section, a mandatory fine or any other 2,155
fine imposed for a violation of this section is subject to 2,156
division (F) of this section. If a person is charged with a 2,157
violation of this section that is a felony of the first, second, 2,158
or third degree, posts bail, and forfeits the bail, the clerk of 2,159
the court shall pay the forfeited bail pursuant to divisions 2,161
(D)(1) and (F) of this section, as if the forfeited bail was a 2,162
fine imposed for a violation of this section. If any amount of 2,163
the forfeited bail remains after that payment and if a fine is 2,164
imposed under division (H)(1) of this section, the clerk of the 2,165
court shall pay the remaining amount of the forfeited bail 2,166
pursuant to divisions (H)(2) and (3) of this section, as if that 2,167
remaining amount was a fine imposed under division (H)(1) of this
section. 2,168
(2) The court shall revoke or suspend the driver's or 2,170
commercial driver's license or permit of the offender in 2,171
accordance with division (G) of this section. 2,172
(3) If the offender is a professionally licensed person or 2,175
a person who has been admitted to the bar by order of the supreme 2,176
court in compliance with its prescribed and published rules, the 2,177
court forthwith shall comply with section 2925.38 of the Revised 2,178
50
Code.
(E) When a person is charged with the sale of or offer to 2,181
sell a bulk amount or a multiple of a bulk amount of a controlled 2,182
substance, the jury, or the court trying the accused, shall 2,184
determine the amount of the controlled substance involved at the 2,185
time of the offense and, if a guilty verdict is returned, shall 2,186
return the findings as part of the verdict. In any such case, it 2,187
is unnecessary to find and return the exact amount of the 2,188
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 2,189
controlled substance involved is the requisite amount, or that 2,191
the amount of the controlled substance involved is less than the 2,192
requisite amount. 2,193
(F)(1) Notwithstanding any contrary provision of section 2,195
3719.21 of the Revised Code and except as provided in division 2,196
(H) of this section, the clerk of the court shall pay any 2,197
mandatory fine imposed pursuant to division (D)(1) of this 2,198
section and any fine other than a mandatory fine that is imposed 2,199
for a violation of this section pursuant to division (A) or 2,200
(B)(5) of section 2929.18 of the Revised Code to the county, 2,202
township, municipal corporation, park district, as created 2,203
pursuant to section 511.18 or 1545.04 of the Revised Code, or 2,204
state law enforcement agencies in this state that primarily were 2,205
responsible for or involved in making the arrest of, and in 2,206
prosecuting, the offender. However, the clerk shall not pay a 2,207
mandatory fine so imposed to a law enforcement agency unless the 2,208
agency has adopted a written internal control policy under 2,209
division (F)(2) of this section that addresses the use of the 2,211
fine moneys that it receives. Each agency shall use the 2,213
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 2,215
written internal control policy adopted by the recipient agency 2,216
under division (F)(2) of this section. 2,217
(2)(a) Prior to receiving any fine moneys under division 2,219
51
(F)(1) of this section or division (B)(5) of section 2925.42 of 2,220
the Revised Code, a law enforcement agency shall adopt a written 2,221
internal control policy that addresses the agency's use and 2,222
disposition of all fine moneys so received and that provides for 2,223
the keeping of detailed financial records of the receipts of 2,224
those fine moneys, the general types of expenditures made out of 2,225
those fine moneys, and the specific amount of each general type 2,226
of expenditure. The policy shall not provide for or permit the 2,227
identification of any specific expenditure that is made in an 2,228
ongoing investigation. All financial records of the receipts of 2,229
those fine moneys, the general types of expenditures made out of 2,230
those fine moneys, and the specific amount of each general type 2,231
of expenditure by an agency are public records open for 2,232
inspection under section 149.43 of the Revised Code. 2,233
Additionally, a written internal control policy adopted under 2,234
this division is such a public record, and the agency that 2,235
adopted it shall comply with it. 2,236
(b) Each law enforcement agency that receives in any 2,238
calendar year any fine moneys under division (F)(1) of this 2,239
section or division (B)(5) of section 2925.42 of the Revised Code 2,240
shall prepare a report covering the calendar year that cumulates 2,241
all of the information contained in all of the public financial 2,242
records kept by the agency pursuant to division (F)(2)(a) of this 2,243
section for that calendar year, and shall send a copy of the 2,244
cumulative report, no later than the first day of March in the 2,245
calendar year following the calendar year covered by the report, 2,246
to the attorney general. Each report received by the attorney 2,247
general is a public record open for inspection under section 2,248
149.43 of the Revised Code. Not later than the fifteenth day of 2,250
April in the calendar year in which the reports are received, the 2,251
attorney general shall send to the president of the senate and 2,253
the speaker of the house of representatives a written 2,254
notification that does all of the following:
(i) Indicates that the attorney general has received from 2,256
52
law enforcement agencies reports of the type described in this 2,257
division that cover the previous calendar year and indicates that 2,260
the reports were received under this division; 2,261
(ii) Indicates that the reports are open for inspection 2,264
under section 149.43 of the Revised Code; 2,265
(iii) Indicates that the attorney general will provide a 2,268
copy of any or all of the reports to the president of the senate 2,269
or the speaker of the house of representatives upon request. 2,270
(3) As used in division (F) of this section: 2,273
(a) "Law enforcement agencies" includes, but is not 2,275
limited to, the state board of pharmacy and the office of a 2,276
prosecutor. 2,277
(b) "Prosecutor" has the same meaning as in section 2,279
2935.01 of the Revised Code. 2,280
(G) When required under division (D)(2) of this section, 2,284
the court either shall revoke or, if it does not revoke, shall 2,285
suspend for not less than six months or more than five years, the 2,286
driver's or commercial driver's license or permit of any person 2,288
who is convicted of or pleads guilty to a violation of this 2,290
section that is a felony of the first degree and shall suspend 2,291
for not less than six months or more than five years the driver's 2,293
or commercial driver's license or permit of any person who is 2,295
convicted of or pleads guilty to any other violation of this 2,296
section. If an offender's driver's or commercial driver's 2,297
license or permit is revoked pursuant to this division, the 2,299
offender, at any time after the expiration of two years from the 2,300
day on which the offender's sentence was imposed or from the day 2,301
on which the offender finally was released from a prison term 2,304
under the sentence, whichever is later, may file a motion with 2,305
the sentencing court requesting termination of the revocation; 2,306
upon the filing of such a motion and the court's finding of good 2,307
cause for the termination, the court may terminate the 2,308
revocation.
(H)(1) In addition to any prison term authorized or 2,311
53
required by division (C) of this section and sections 2929.13 and 2,312
2929.14 of the Revised Code, in addition to any other penalty or 2,314
sanction imposed for the offense under this section or sections 2,315
2929.11 to 2929.181 of the Revised Code, and in addition to the 2,316
forfeiture of property in connection with the offense as 2,317
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 2,319
the court that sentences an offender who is convicted of or 2,320
pleads guilty to a violation of division (A) of this section may 2,321
impose upon the offender an additional fine specified for the 2,322
offense in division (B)(4) of section 2929.18 of the Revised 2,324
Code. A fine imposed under division (H)(1) of this section is 2,326
not subject to division (F) of this section and shall be used 2,327
solely for the support of one or more eligible alcohol and drug 2,328
addiction programs in accordance with divisions (H)(2) and (3) of 2,329
this section.
(2) The court that imposes a fine under division (H)(1) of 2,332
this section shall specify in the judgment that imposes the fine 2,333
one or more eligible alcohol and drug addiction programs for the 2,334
support of which the fine money is to be used. No alcohol and 2,335
drug addiction program shall receive or use money paid or 2,336
collected in satisfaction of a fine imposed under division (H)(1) 2,338
of this section unless the program is specified in the judgment 2,339
that imposes the fine. No alcohol and drug addiction program 2,340
shall be specified in the judgment unless the program is an 2,341
eligible alcohol and drug addiction program and, except as 2,342
otherwise provided in division (H)(2) of this section, unless the 2,344
program is located in the county in which the court that imposes 2,345
the fine is located or in a county that is immediately contiguous 2,346
to the county in which that court is located. If no eligible 2,347
alcohol and drug addiction program is located in any of those 2,348
counties, the judgment may specify an eligible alcohol and drug 2,349
addiction program that is located anywhere within this state. 2,350
(3) Notwithstanding any contrary provision of section 2,352
3719.21 of the Revised Code, the clerk of the court shall pay any 2,354
54
fine imposed under division (H)(1) of this section to the 2,355
eligible alcohol and drug addiction program specified pursuant to 2,356
division (H)(2) of this section in the judgment. The eligible 2,357
alcohol and drug addiction program that receives the fine moneys 2,358
shall use the moneys only for the alcohol and drug addiction 2,359
services identified in the application for certification under 2,360
section 3793.06 of the Revised Code or in the application for a 2,361
license under section 3793.11 of the Revised Code filed with the 2,363
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 2,364
(4) Each alcohol and drug addiction program that receives 2,366
in a calendar year any fine moneys under division (H)(3) of this 2,368
section shall file an annual report covering that calendar year 2,369
with the court of common pleas and the board of county 2,370
commissioners of the county in which the program is located, with 2,371
the court of common pleas and the board of county commissioners 2,372
of each county from which the program received the moneys if that 2,373
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 2,374
addiction program shall file the report no later than the first 2,375
day of March in the calendar year following the calendar year in 2,377
which the program received the fine moneys. The report shall 2,378
include statistics on the number of persons served by the alcohol 2,379
and drug addiction program, identify the types of alcohol and 2,380
drug addiction services provided to those persons, and include a 2,381
specific accounting of the purposes for which the fine moneys 2,382
received were used. No information contained in the report shall 2,383
identify, or enable a person to determine the identity of, any 2,384
person served by the alcohol and drug addiction program. Each 2,385
report received by a court of common pleas, a board of county 2,386
commissioners, or the attorney general is a public record open 2,387
for inspection under section 149.43 of the Revised Code. 2,388
(5) As used in divisions (H)(1) to (5) of this section: 2,390
(a) "Alcohol and drug addiction program" and "alcohol and 2,393
55
drug addiction services" have the same meanings as in section 2,394
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 2,397
alcohol and drug addiction program that is certified under 2,398
section 3793.06 of the Revised Code or licensed under section 2,399
3793.11 of the Revised Code by the department of alcohol and drug 2,401
addiction services.
Sec. 2925.07. (A) No person shall knowingly prepare for 2,411
shipment, ship, transport, deliver, prepare for distribution, or 2,412
distribute a controlled substance when the person intends to sell 2,413
or resell the controlled substance or when the person knows or 2,414
has reasonable cause to believe that another person intends to 2,415
sell or resell the controlled substance. 2,416
(B) This section does not apply to any person listed in 2,419
division (B) of section 2925.03 of the Revised Code to the extent 2,421
and under the circumstances described in that division. 2,422
(C) Whoever violates division (A) of this section is 2,425
guilty of one of the following: 2,426
(1) If the drug involved in the violation is any compound, 2,428
mixture, preparation, or substance included in schedule I or 2,430
schedule II, with the exception of marihuana, cocaine, L.S.D., 2,433
heroin, and hashish, whoever violates division (A) of this 2,435
section is guilty of aggravated preparation of drugs for sale. 2,436
The penalty for the offense shall be determined as follows: 2,437
(a) Except as otherwise provided in division (C)(1)(b) of 2,440
this section, aggravated preparation of drugs for sale is a 2,441
felony of the fourth degree, and division (C) of section 2929.13 2,443
of the Revised Code applies in determining whether to impose a 2,445
prison term on the offender.
(b) If the offense was committed in the vicinity of a 2,447
school SAFETY ZONE or in the vicinity of a juvenile, aggravated
preparation of drugs for sale is a felony of the third degree, 2,448
and division (C) of section 2929.13 of the Revised Code applies 2,451
in determining whether to impose a prison term on the offender. 2,452
56
(2) If the drug involved in the violation is any compound, 2,454
mixture, preparation, or substance included in schedule III, 2,456
schedule IV, or schedule V, whoever violates division (A) of this 2,459
section is guilty of preparation of drugs for sale. The penalty 2,460
for the offense shall be determined as follows: 2,461
(a) Except as otherwise provided in divisions (C)(2)(b) 2,464
and (c) of this section, preparation of drugs for sale is a 2,466
felony of the fifth degree, and division (C) of section 2929.13 2,467
of the Revised Code applies in determining whether to impose a 2,470
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c) of 2,473
this section, if the offense was committed in the vicinity of a 2,474
school SAFETY ZONE or in the vicinity of a juvenile, preparation 2,475
of drugs for sale is a felony of the fourth degree, and division 2,476
(C) of section 2929.13 of the Revised Code applies in determining 2,479
whether to impose a prison term on the offender. 2,480
(c) Except as otherwise provided in this division, if the 2,483
amount of the drug involved exceeds the bulk amount, preparation 2,484
of drugs for sale is a felony of the fourth degree, and there is 2,485
a presumption for a prison term for the offense. If the amount 2,486
of the drug involved exceeds the bulk amount and if the offense 2,487
was committed in the vicinity of a school SAFETY ZONE or in the 2,488
vicinity of a juvenile, preparation of drugs for sale is a felony 2,489
of the third degree, and there is a presumption for a prison term 2,490
for the offense.
(3) If the drug involved in the violation is marihuana or a 2,493
compound, mixture, preparation, or substance containing marihuana 2,494
other than hashish, whoever violates division (A) of this section 2,495
is guilty of preparation of marihuana for sale. The penalty for 2,496
the offense shall be determined as follows: 2,497
(a) Except as otherwise provided in divisions (C)(3)(b) 2,500
and (c) of this section, preparation of marihuana for sale is a 2,501
felony of the fifth degree, and division (C) of section 2929.13 2,503
of the Revised Code applies in determining whether to impose a 2,506
57
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c) of 2,509
this section, if the offense was committed in the vicinity of a 2,510
school SAFETY ZONE or in the vicinity of a juvenile, preparation 2,511
of marihuana for sale is a felony of the fourth degree, and 2,512
division (C) of section 2929.13 of the Revised Code applies in 2,515
determining whether to impose a prison term upon the offender. 2,516
(c) If the amount of the drug involved exceeds two hundred 2,519
grams, preparing marihuana for sale is a felony of the fourth 2,520
degree, and division (C) of section 2929.13 of the Revised Code 2,523
applies in determining whether to impose a prison term on the 2,524
offender. If the amount of the drug involved exceeds that amount 2,525
and if the offense was committed in the vicinity of a school 2,526
SAFETY ZONE or in the vicinity of a juvenile, preparing marihuana 2,527
for sale is a felony of the third degree, and division (C) of 2,528
section 2929.13 of the Revised Code applies in determining 2,530
whether to impose a prison term upon the offender. 2,531
(4) If the drug involved in the violation is cocaine or a 2,533
compound, mixture, preparation, or substance containing cocaine, 2,534
whoever violates division (A) of this section is guilty of 2,536
preparation of cocaine for sale. The penalty for the offense 2,537
shall be determined as follows: 2,538
(a) Except as otherwise provided in divisions (C)(4)(b) 2,541
and (c) of this section, preparation of cocaine for sale is a 2,542
felony of the fifth degree, and division (C) of section 2929.13 2,544
of the Revised Code applies in determining whether to impose a 2,547
prison term on the offender.
(b) Except as otherwise provided in division (C)(4)(c) of 2,550
this section, if the offense was committed in the vicinity of a 2,551
school SAFETY ZONE or in the vicinity of a juvenile, preparation 2,552
of cocaine for sale is a felony of the fourth degree, and 2,553
division (C) of section 2929.13 of the Revised Code applies in 2,556
determining whether to impose a prison term upon the offender. 2,557
(c) If the amount of the drug involved exceeds five grams 2,560
58
of cocaine that is not crack cocaine or exceeds one gram of crack 2,561
cocaine, preparation of cocaine for sale is a felony of the 2,562
fourth degree, and there is a presumption for a prison term for 2,563
the offense. If the amount of the drug involved exceeds one of 2,564
those amounts and if the offense was committed in the vicinity of
a school SAFETY ZONE or in the vicinity of a juvenile,
preparation of cocaine for sale is a felony of the third degree, 2,565
and there is a presumption for a prison term for the offense. 2,567
(5) If the drug involved in the violation is L.S.D. or a 2,571
compound, mixture, preparation, or substance containing L.S.D., 2,572
whoever violates division (A) of this section is guilty of 2,574
preparation of L.S.D. for sale. The penalty for the offense 2,576
shall be determined as follows:
(a) Except as otherwise provided in divisions (C)(5)(b) 2,579
and (c) of this section, preparation of L.S.D. for sale is a 2,582
felony of the fifth degree, and division (C) of section 2929.13 2,583
of the Revised Code applies in determining whether to impose a 2,586
prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c) of 2,589
this section, if the offense was committed in the vicinity of a 2,590
school SAFETY ZONE or in the vicinity of a juvenile, preparation 2,591
of L.S.D. for sale is a felony of the fourth degree, and division 2,593
(C) of section 2929.13 of the Revised Code applies in determining 2,596
whether to impose a prison term upon the offender. 2,597
(c) Except as otherwise provided in this division, if the 2,600
amount of the drug involved exceeds ten unit doses of L.S.D. in a 2,602
solid form or exceeds one gram of L.S.D. in a liquid concentrate, 2,604
liquid extract, or liquid distillate form, preparation of L.S.D. 2,606
for sale is a felony of the fourth degree, and there is a 2,607
presumption for a prison term for the offense. If the amount of 2,608
the drug involved exceeds one of those amounts and if the offense 2,610
was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, preparation of L.S.D. for sale is a 2,613
felony of the third degree, and there is a presumption for a 2,614
59
prison term for the offense.
(6) If the drug involved in the violation is heroin or a 2,616
compound, mixture, preparation, or substance containing heroin, 2,617
whoever violates division (A) of this section is guilty of 2,619
preparation of heroin for sale. The penalty for the offense 2,620
shall be determined as follows: 2,621
(a) Except as otherwise provided in division (C)(6)(b) and 2,624
(c) of this section, preparation of heroin for sale is a felony 2,625
of the fifth degree, and division (C) of section 2929.13 of the 2,627
Revised Code applies in determining whether to impose a prison 2,630
term on the offender.
(b) Except as otherwise provided in division (C)(6)(c) of 2,633
this section, if the offense was committed in the vicinity of a 2,634
school SAFETY ZONE or in the vicinity of a juvenile, preparation 2,635
of heroin for sale is a felony of the fourth degree, and division 2,636
(C) of section 2929.13 of the Revised Code applies in determining 2,639
whether to impose a prison term upon the offender. 2,640
(c) Except as otherwise provided in this division, if the 2,643
amount of the drug involved exceeds one gram, preparation of 2,644
heroin for sale is a felony of the fourth degree, and there is a 2,645
presumption for a prison term for the offense. If the amount of 2,646
the drug involved exceeds that amount and if the offense was 2,647
committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, preparation of heroin for sale is a 2,648
felony of the third degree, and there is a presumption for a 2,649
prison term for the offense. 2,650
(7) If the drug involved in the violation is hashish or a 2,652
compound, mixture, preparation, or substance containing hashish, 2,653
whoever violates division (A) of this section is guilty of 2,655
preparation of hashish for sale. The penalty for the offense 2,656
shall be determined as follows:
(a) Except as otherwise provided in division (C)(7)(b) and 2,659
(c) of this section, preparation of hashish for sale is a felony 2,660
of the fifth degree, and division (C) of section 2929.13 of the 2,662
60
Revised Code applies in determining whether to impose a prison 2,665
term on the offender.
(b) If the offense was committed in the vicinity of a 2,667
school SAFETY ZONE or in the vicinity of a juvenile, preparation
of hashish for sale is a felony of the fourth degree, and 2,668
division (C) of section 2929.13 of the Revised Code applies in 2,671
determining whether to impose a prison term upon the offender. 2,672
(c) If the amount of the drug involved exceeds ten grams 2,675
of hashish in a solid form or exceeds two grams of hashish in a 2,676
liquid concentrate, liquid extract, or liquid distillate form, 2,677
preparation of hashish for sale is a felony of the fourth degree, 2,678
and division (C) of section 2929.13 of the Revised Code applies 2,680
in determining whether to impose a prison term on the offender. 2,681
If the amount of the drug involved exceeds one of those amounts 2,682
and if the offense was committed in the vicinity of a school 2,683
SAFETY ZONE or in the vicinity of a juvenile, preparation of 2,684
hashish for sale is a felony of the third degree, and division 2,685
(C) of section 2929.13 of the Revised Code applies in determining 2,687
whether to impose a prison term upon the offender. 2,688
(D) In addition to any prison term or other sanction 2,691
authorized or required by division (C) of this section and 2,692
sections 2929.13 and 2929.14 of the Revised Code, and in addition 2,695
to any other sanction imposed for the offense under this section 2,696
or sections 2929.11 to 2929.18 of the Revised Code, the court 2,699
that sentences an offender who is convicted of or pleads guilty 2,700
to a violation of division (A) of this section shall do all of 2,702
the following that are applicable regarding the offender: 2,703
(1) If the violation is a felony of the third degree, the 2,705
court shall impose upon the offender the mandatory fine specified 2,707
for the offense under division (B)(1) of section 2929.18 of the 2,709
Revised Code unless, as specified in that division, the court 2,711
determines that the offender is indigent. The clerk of the court 2,712
shall pay a mandatory fine imposed under division (D)(1) of this 2,714
section in the manner specified for the payment of a mandatory 2,715
61
fine in division (F) of section 2925.03 of the Revised Code. If 2,718
a person is charged with a violation of this section that is a 2,719
felony of the third degree, posts bail, and forfeits the bail, 2,720
the clerk of the court shall pay the forfeited bail, pursuant to 2,721
division (F) of section 2925.03 of the Revised Code, as if the 2,724
forfeited bail was a fine imposed for a violation of this 2,725
section.
(2) The court shall suspend the driver's or commercial 2,727
driver's license or permit of the offender in accordance with 2,728
division (G) of section 2925.03 of the Revised Code. 2,731
(3) If the offender is a professionally licensed person or 2,733
a person who has been admitted to the bar by order of the supreme 2,735
court in compliance with its prescribed and published rules, the 2,736
court forthwith shall comply with section 2925.38 of the Revised 2,737
Code. 2,738
(E) The court that sentences an offender for a violation 2,741
of division (A) of this section may impose upon the offender an 2,742
additional fine specified for the offense in division (B)(4) of 2,744
section 2929.18 of the Revised Code. A fine imposed under 2,746
division (E) of this section shall be used solely for the support 2,748
of one or more eligible alcohol and drug addiction programs as 2,749
specified in divisions (H)(2) and (3) of section 2925.03 of the 2,751
Revised Code. The court shall impose the fine in the manner 2,753
specified in division (H)(2) of that section, and the clerk of 2,755
the court shall pay the fine in the manner specified in division 2,756
(H)(3) of that section. 2,757
(F) When a person is charged with a violation of this 2,760
section that involves a bulk amount or a multiple of a bulk 2,762
amount of a controlled substance, division (E) of section 2925.03 2,763
of the Revised Code applies regarding the determination of the 2,766
amount of the controlled substance involved at the time of the 2,767
offense.
Sec. 2925.13. (A) No person who is the owner, operator, 2,776
or person in charge of a locomotive, watercraft, aircraft, or 2,777
62
other vehicle, as defined in division (A) of section 4501.01 of 2,778
the Revised Code, shall knowingly permit the vehicle to be used 2,779
for the commission of a felony drug abuse offense. 2,780
(B) No person who is the owner, lessee, or occupant, or 2,782
who has custody, control, or supervision, of premises or real 2,783
estate, including vacant land, shall knowingly permit the 2,784
premises or real estate, including vacant land, to be used for 2,785
the commission of a felony drug abuse offense by another person. 2,786
(C)(1) Whoever violates this section is guilty of 2,788
permitting drug abuse. 2,789
(2) Except as provided in division (C)(3) of this section, 2,792
permitting drug abuse is a misdemeanor of the first degree. 2,794
(3) Permitting drug abuse is a felony of the fifth degree, 2,797
and division (C) of section 2929.13 of the Revised Code applies 2,798
in determining whether to impose a prison term on the offender, 2,800
if the felony drug abuse offense in question is a violation of 2,801
section 2925.02 or 2925.03 of the Revised Code that was committed
in the vicinity of a school SAFETY ZONE or in the vicinity of a 2,802
juvenile. 2,803
(D) In addition to any prison term authorized or required 2,805
by division (C) of this section and sections 2929.13 and 2929.14 2,806
of the Revised Code and in addition to any other sanction imposed 2,808
for the offense under this section or sections 2929.11 to 2929.18 2,810
of the Revised Code, the court that sentences a person who is 2,811
convicted of or pleads guilty to a violation of division (A) of 2,813
this section shall do all of the following that are applicable 2,814
regarding the offender:
(1) The court shall suspend for not less than six months 2,817
or more than five years the driver's or commercial driver's 2,818
license or permit of the offender.
(2) If the offender is a professionally licensed person or 2,820
a person who has been admitted to the bar by order of the supreme 2,821
court in compliance with its prescribed and published rules, in 2,822
addition to any other sanction imposed for a violation of this 2,823
63
section, the court forthwith shall comply with section 2925.38 of 2,824
the Revised Code.
(E) Notwithstanding any contrary provision of section 2,826
3719.21 of the Revised Code, the clerk of the court shall pay a 2,827
fine imposed for a violation of this section pursuant to division 2,828
(A) of section 2929.18 of the Revised Code in accordance with and 2,829
subject to the requirements of division (F) of section 2925.03 of 2,830
the Revised Code. The agency that receives the fine shall use 2,831
the fine as specified in division (F) of section 2925.03 of the
Revised Code. 2,832
Sec. 2925.36. (A) No person shall knowingly furnish 2,841
another a sample drug. 2,842
(B) Division (A) of this section does not apply to 2,844
manufacturers, wholesalers, pharmacists, owners of pharmacies, 2,845
dentists, doctors of medicine and surgery, doctors of osteopathic 2,846
medicine and surgery, doctors of podiatry, veterinarians, and 2,847
other persons whose conduct is in accordance with Chapters 3719., 2,848
4715., 4729., 4731., and 4741. of the Revised Code or to 2,849
optometrists whose conduct is in accordance with a valid 2,850
therapeutic pharmaceutical agents certificate issued under 2,851
Chapter 4725. of the Revised Code. 2,852
(C)(1) Whoever violates this section is guilty of illegal 2,854
dispensing of drug samples. 2,855
(2) If the drug involved in the offense is a compound, 2,857
mixture, preparation, or substance included in schedule I or II, 2,858
with the exception of marihuana, the penalty for the offense 2,859
shall be determined as follows: 2,860
(a) Except as otherwise provided in division (C)(2)(b) of 2,862
this section, illegal dispensing of drug samples is a felony of 2,863
the fifth degree, and, subject to division (E) of this section, 2,865
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 2,866
(b) If the offense was committed in the vicinity of a 2,868
school SAFETY ZONE or in the vicinity of a juvenile, illegal 2,869
64
dispensing of drug samples is a felony of the fourth degree, and, 2,870
subject to division (E) of this section, division (C) of section 2,872
2929.13 of the Revised Code applies in determining whether to 2,873
impose a prison term on the offender.
(3) If the drug involved in the offense is a dangerous 2,875
drug or a compound, mixture, preparation, or substance included 2,876
in schedule III, IV, or V, or is marihuana, the penalty for the 2,877
offense shall be determined as follows: 2,878
(a) Except as otherwise provided in division (C)(3)(b) of 2,881
this section, illegal dispensing of drug samples is a misdemeanor 2,882
of the second degree.
(b) If the offense was committed in the vicinity of a 2,885
school SAFETY ZONE or in the vicinity of a juvenile, illegal 2,886
dispensing of drug samples is a misdemeanor of the first degree. 2,887
(D) In addition to any prison term authorized or required 2,890
by division (C) or (E) of this section and sections 2929.13 and 2,891
2929.14 of the Revised Code and in addition to any other sanction 2,892
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender 2,894
who is convicted of or pleads guilty to a violation of division 2,895
(A) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 2,898
or more than five years the driver's or commercial driver's 2,899
license or permit of any person who is convicted of or has 2,900
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 2,902
a person who has been admitted to the bar by order of the supreme 2,903
court in compliance with its prescribed and published rules, in 2,904
addition to any other sanction imposed for a violation of this 2,905
section, the court forthwith shall comply with section 2925.38 of 2,906
the Revised Code. 2,907
(E) Notwithstanding the prison term authorized or required 2,909
by division (C) of this section and sections 2929.13 and 2929.14 2,910
of the Revised Code, if the violation of division (A) of this 2,911
65
section involves the sale, offer to sell, or possession of a 2,912
schedule I or II controlled substance, with the exception of 2,913
marihuana, and if the offender, as a result of the violation, is 2,914
a major drug offender, the court, in lieu of the prison term 2,915
otherwise authorized or required, shall impose upon the offender 2,916
the mandatory prison term specified in division (D)(3)(a) of 2,917
section 2929.14 of the Revised Code and may impose an additional
prison term under division (D)(3)(b) of that section. 2,919
(F) Notwithstanding any contrary provision of section 2,922
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 2,924
(A) of section 2929.18 of the Revised Code in accordance with and 2,925
subject to the requirements of division (F) of section 2925.03 of 2,926
the Revised Code. The agency that receives the fine shall use 2,927
the fine as specified in division (F) of section 2925.03 of the
Revised Code. 2,928
Sec. 2925.37. (A) No person shall knowingly possess any 2,937
counterfeit controlled substance. 2,938
(B) No person shall knowingly make, sell, offer to sell, 2,940
or deliver any substance that the person knows is a counterfeit 2,941
controlled substance. 2,942
(C) No person shall make, possess, sell, offer to sell, or 2,944
deliver any punch, die, plate, stone, or other device knowing or 2,945
having reason to know that it will be used to print or reproduce 2,946
a trademark, trade name, or other identifying mark upon a 2,947
counterfeit controlled substance. 2,948
(D) No person shall sell, offer to sell, give, or deliver 2,950
any counterfeit controlled substance to a juvenile. 2,951
(E) No person shall directly or indirectly represent a 2,953
counterfeit controlled substance as a controlled substance by 2,954
describing its effects as the physical or psychological effects 2,955
associated with use of a controlled substance. 2,956
(F) No person shall directly or indirectly falsely 2,958
represent or advertise a counterfeit controlled substance as a 2,959
66
controlled substance. As used in this division, "advertise" 2,960
means engaging in "advertisement," as defined in section 3715.01 2,961
of the Revised Code. 2,962
(G) Whoever violates division (A) of this section is 2,964
guilty of possession of counterfeit controlled substances, a 2,965
misdemeanor of the first degree. 2,966
(H) Whoever violates division (B) or (C) of this section 2,968
is guilty of trafficking in counterfeit controlled substances. 2,969
Except as otherwise provided in this division, trafficking in 2,971
counterfeit controlled substances is a felony of the fifth 2,972
degree, and division (C) of section 2929.13 of the Revised Code 2,973
applies in determining whether to impose a prison term on the
offender. If the offense was committed in the vicinity of a 2,974
school SAFETY ZONE or in the vicinity of a juvenile, trafficking 2,976
in counterfeit controlled substances is a felony of the fourth 2,977
degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the 2,978
offender.
(I) Whoever violates division (D) of this section is 2,980
guilty of aggravated trafficking in counterfeit controlled 2,981
substances. Except as otherwise provided in this division, 2,982
aggravated trafficking in counterfeit controlled substances is a 2,984
felony of the fourth degree, and division (C) of section 2929.13 2,986
of the Revised Code applies in determining whether to impose a
prison term on the offender. 2,988
(J) Whoever violates division (E) of this section is 2,990
guilty of promoting and encouraging drug abuse. Except as 2,991
otherwise provided in this division, promoting and encouraging 2,992
drug abuse is a felony of the fifth degree, and division (C) of 2,993
section 2929.13 of the Revised Code applies in determining 2,994
whether to impose a prison term on the offender. If the offense 2,995
was committed in the vicinity of a school SAFETY ZONE or in the 2,996
vicinity of a juvenile, promoting and encouraging drug abuse is a 2,998
felony of the fourth degree, and division (C) of section 2929.13 2,999
67
of the Revised Code applies in determining whether to impose a 3,000
prison term on the offender.
(K) Whoever violates division (F) of this section is 3,002
guilty of fraudulent drug advertising. Except as otherwise 3,003
provided in this division, fraudulent drug advertising is a 3,004
felony of the fifth degree, and division (C) of section 2929.13 3,005
of the Revised Code applies in determining whether to impose a 3,006
prison term on the offender. If the offense was committed in the 3,007
vicinity of a school SAFETY ZONE or in the vicinity of a 3,008
juvenile, fraudulent drug advertising is a felony of the fourth 3,010
degree, and division (C) of section 2929.13 of the Revised Code 3,011
applies in determining whether to impose a prison term on the 3,012
offender.
(L) In addition to any prison term authorized or required 3,015
by divisions (H) to (K) of this section and sections 2929.13 and 3,016
2929.14 of the Revised Code and in addition to any other sanction 3,017
imposed for the offense under this section or sections 2929.11 to 3,018
2929.18 of the Revised Code, the court that sentences an offender 3,020
who is convicted of or pleads guilty to a violation of division 3,021
(B), (C), (D), (E), or (F) of this section shall do both of the 3,022
following:
(1) The court shall suspend for not less than six months 3,025
or more than five years the driver's or commercial driver's 3,026
license or permit of any person who is convicted of or has 3,028
pleaded guilty to any other violation of this section.
(2) If the offender is a professionally licensed person or 3,031
a person who has been admitted to the bar by order of the supreme 3,032
court in compliance with its prescribed and published rules, in 3,033
addition to any other sanction imposed for a violation of this 3,035
section, the court forthwith shall comply with section 2925.38 of
the Revised Code. 3,037
(M) Notwithstanding any contrary provision of section 3,040
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 3,041
68
(A) of section 2929.18 of the Revised Code in accordance with and 3,042
subject to the requirements of division (F) of section 2925.03 of 3,044
the Revised Code. The agency that receives the fine shall use
the fine as specified in division (F) of section 2925.03 of the 3,046
Revised Code.
Sec. 2929.14. (A) Except as provided in division (C), 3,056
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 3,057
relation to an offense for which a sentence of death or life 3,058
imprisonment is to be imposed, if the court imposing a sentence 3,059
upon an offender for a felony elects or is required to impose a 3,060
prison term on the offender pursuant to this chapter and is not 3,061
prohibited by division (G)(1) of section 2929.13 of the Revised 3,062
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 3,064
(1) For a felony of the first degree, the prison term 3,066
shall be three, four, five, six, seven, eight, nine, or ten 3,067
years. 3,068
(2) For a felony of the second degree, the prison term 3,070
shall be two, three, four, five, six, seven, or eight years. 3,071
(3) For a felony of the third degree, the prison term 3,073
shall be one, two, three, four, or five years. 3,074
(4) For a felony of the fourth degree, the prison term 3,076
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 3,077
fourteen, fifteen, sixteen, seventeen, or eighteen months. 3,078
(5) For a felony of the fifth degree, the prison term 3,080
shall be six, seven, eight, nine, ten, eleven, or twelve months. 3,082
(B) Except as provided in division (C), (D)(2), (D)(3), or 3,085
(G) of this section, in section 2907.02 of the Revised Code, or 3,086
in Chapter 2925. of the Revised Code, if the court imposing a 3,088
sentence upon an offender for a felony elects or is required to 3,089
impose a prison term on the offender and if the offender 3,090
previously has not served a prison term, the court shall impose 3,091
the shortest prison term authorized for the offense pursuant to 3,092
division (A) of this section, unless the court finds on the 3,093
69
record that the shortest prison term will demean the seriousness 3,094
of the offender's conduct or will not adequately protect the 3,095
public from future crime by the offender or others. 3,096
(C) Except as provided in division (G) of this section or 3,098
in Chapter 2925. of the Revised Code, the court imposing a 3,099
sentence upon an offender for a felony may impose the longest 3,100
prison term authorized for the offense pursuant to division (A) 3,101
of this section only upon offenders who committed the worst forms 3,102
of the offense, upon offenders who pose the greatest likelihood 3,103
of committing future crimes, upon certain major drug offenders 3,104
under division (D)(3) of this section, and upon certain repeat 3,105
violent offenders in accordance with division (D)(2) of this 3,107
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 3,109
this section, if an offender who is convicted of or pleads guilty 3,110
to a felony also is convicted of or pleads guilty to a 3,111
specification of the type described in section 2941.144 of the 3,112
Revised Code that charges the offender with having a firearm that 3,114
is an automatic firearm or that was equipped with a firearm 3,115
muffler or silencer on or about the offender's person or under 3,117
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 3,118
Revised Code that charges the offender with having a firearm on 3,119
or about the offender's person or under the offender's control 3,120
while committing the offense and displaying the firearm, 3,122
brandishing the firearm, indicating that the offender possessed 3,123
the firearm, or using it to facilitate the offense, or a 3,125
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 3,127
or about the offender's person or under the offender's control 3,128
while committing the felony, the court, after imposing a prison 3,129
term on the offender for the felony under division (A), (D)(2), 3,131
or (D)(3) of this section, shall impose an additional prison 3,132
term, determined pursuant to this division, that shall not be 3,133
70
reduced pursuant to section 2929.20, section 2967.193, or any 3,134
other provision of Chapter 2967. or Chapter 5120. of the Revised 3,135
Code. If the specification is of the type described in section 3,137
2941.144 of the Revised Code, the additional prison term shall be 3,138
six years. If the specification is of the type described in 3,140
section 2941.145 of the Revised Code, the additional prison term 3,142
shall be three years. If the specification is of the type 3,143
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 3,145
than one additional prison term on an offender under this 3,146
division for felonies committed as part of the same act or 3,147
transaction. If a court imposes an additional prison term under 3,148
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 3,149
division.
(ii) Except as provided in division (D)(1)(b) of this 3,152
section, if an offender who is convicted of or pleads guilty to a 3,153
violation of section 2923.161 of the Revised Code or to a felony 3,155
that includes, as an essential element, purposely or knowingly 3,156
causing or attempting to cause the death of or physical harm to 3,157
another, also is convicted of or pleads guilty to a specification 3,158
of the type described in section 2941.146 of the Revised Code 3,161
that charges the offender with committing the offense by 3,162
discharging a firearm from a motor vehicle, as defined in section 3,163
4501.01 of the Revised Code, other than a manufactured home, as 3,166
defined in section 4501.01 of the Revised Code, the court, after 3,168
imposing a prison term on the offender for the violation of 3,169
section 2923.161 of the Revised Code or for the other felony 3,171
offense under division (A), (D)(2), or (D)(3) of this section, 3,172
shall impose an additional prison term of five years upon the 3,173
offender that shall not be reduced pursuant to section 2929.20, 3,174
section 2967.193, or any other provision of Chapter 2967. or 3,175
Chapter 5120. of the Revised Code. A court shall not impose more 3,177
than one additional prison term on an offender under this
71
division for felonies committed as part of the same act or 3,179
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 3,180
also shall impose an additional prison term under division 3,181
(D)(1)(a)(i) of this section relative to the same offense, 3,182
provided the criteria specified in that division for imposing an 3,183
additional prison term are satisfied relative to the offender and 3,184
the offense.
(b) The court shall not impose any of the additional 3,186
prison terms described in division (D)(1)(a) of this section upon 3,189
an offender for a violation of section 2923.12 or 2923.123 of the 3,190
Revised Code. The court shall not impose any of the additional 3,191
prison terms described in that division upon an offender for a 3,192
violation of section 2923.13 of the Revised Code unless all of 3,193
the following apply:
(i) The offender previously has been convicted of 3,196
aggravated murder, murder, or any felony of the first or second 3,197
degree.
(ii) Less than five years have passed since the offender 3,200
was released from prison or post-release control, whichever is 3,201
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 3,204
to a felony also is convicted of or pleads guilty to a 3,205
specification of the type described in section 2941.149 of the 3,206
Revised Code that the offender is a repeat violent offender, the 3,208
court shall impose a prison term from the range of terms 3,209
authorized for the offense under division (A) of this section 3,210
that may be the longest term in the range and that shall not be 3,211
reduced pursuant to section 2929.20, section 2967.193, or any 3,213
other provision of Chapter 2967. or Chapter 5120. of the Revised 3,214
Code. If the court finds that the repeat violent offender, in 3,216
committing the offense, caused any physical harm that carried a 3,217
substantial risk of death to a person or that involved 3,218
substantial permanent incapacity or substantial permanent 3,219
72
disfigurement of a person, the court shall impose the longest 3,220
prison term from the range of terms authorized for the offense 3,222
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 3,225
violent offender imposes the longest prison term from the range 3,226
of terms authorized for the offense under division (A) of this 3,227
section, the court may impose on the offender an additional 3,228
definite prison term of one, two, three, four, five, six, seven, 3,229
eight, nine, or ten years if the court finds that both of the 3,230
following apply with respect to the prison terms imposed on the 3,231
offender pursuant to division (D)(2)(a) of this section and, if 3,232
applicable, divisions (D)(1) and (3) of this section: 3,233
(i) The terms so imposed are inadequate to punish the 3,236
offender and protect the public from future crime, because the 3,237
applicable factors under section 2929.12 of the Revised Code 3,240
indicating a greater likelihood of recidivism outweigh the 3,242
applicable factors under that section indicating a lesser
likelihood of recidivism. 3,243
(ii) The terms so imposed are demeaning to the seriousness 3,246
of the offense, because one or more of the factors under section 3,247
2929.12 of the Revised Code indicating that the offender's 3,248
conduct is more serious than conduct normally constituting the 3,249
offense are present, and they outweigh the applicable factors 3,250
under that section indicating that the offender's conduct is less 3,252
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 3,255
section 2903.01 or 2907.02 of the Revised Code and the penalty 3,256
imposed for the violation is life imprisonment or commits a 3,257
violation of section 2903.02 of the Revised Code, if the offender 3,258
commits a violation of section 2925.03, 2925.04, or 2925.11 of 3,259
the Revised Code and that section requires the imposition of a 3,261
ten-year prison term on the offender or if a court imposing a 3,262
sentence upon an offender for a felony finds that the offender is 3,263
guilty of a specification of the type described in section 3,264
73
2941.1410 of the Revised Code, that the offender is a major drug 3,265
offender, is guilty of corrupt activity with the most serious 3,266
offense in the pattern of corrupt activity being a felony of the 3,267
first degree, or is guilty of an attempted forcible violation of 3,268
section 2907.02 of the Revised Code with the victim being under 3,269
thirteen years of age and that attempted violation is the felony 3,270
for which sentence is being imposed, the court shall impose upon 3,271
the offender for the felony violation a ten-year prison term that 3,272
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 3,274
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 3,277
division (D)(3)(a) of this section may impose an additional 3,278
prison term of one, two, three, four, five, six, seven, eight, 3,279
nine, or ten years, if the court, with respect to the term 3,280
imposed under division (D)(3)(a) of this section and, if 3,281
applicable, divisions (D)(1) and (2) of this section, makes both 3,283
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 3,284
this section.
(4) If the offender is being sentenced for a fourth degree 3,286
felony OMVI offense and if division (G)(2) of section 2929.13 of 3,288
the Revised Code requires the sentencing court to impose upon the 3,289
offender a mandatory prison term, the sentencing court shall 3,290
impose upon the offender a mandatory prison term in accordance 3,291
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 3,292
prison term of any duration specified in division (A)(4) of this 3,293
section minus the sixty days imposed upon the offender as the 3,294
mandatory prison term. The total of the additional prison term 3,295
imposed under division (D)(4) of this section plus the sixty days 3,296
imposed as the mandatory prison term shall equal one of the 3,297
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 3,298
division (D)(4) of this section, the offender shall serve the 3,299
additional prison term after the offender has served the 3,300
74
mandatory prison term required for the offense. The court shall 3,301
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 3,302
(E)(1) If a mandatory prison term is imposed upon an 3,305
offender pursuant to division (D)(1)(a) of this section for 3,306
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 3,308
prison term is imposed upon an offender pursuant to division 3,309
(D)(1)(b) of this section for committing a felony specified in 3,310
that division by discharging a firearm from a motor vehicle, the 3,311
offender shall serve the mandatory prison term consecutively to 3,312
and prior to the prison term imposed for the underlying felony 3,313
pursuant to division (A), (D)(2), or (D)(3) of this section or 3,314
any other section of the Revised Code and consecutively to any 3,315
other prison term or mandatory prison term previously or 3,317
subsequently imposed upon the offender. 3,318
(2) If an offender who is an inmate in a jail, prison, or 3,321
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 3,323
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 3,324
offender who is an inmate in a jail, prison, or other residential 3,325
detention facility or is under detention at a detention facility 3,326
commits another felony while the offender is an escapee in 3,328
violation of section 2921.34 of the Revised Code, any prison term 3,330
imposed upon the offender for one of those violations shall be 3,331
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 3,333
committed that offense and to any other prison term previously or 3,334
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 3,335
meanings as in section 2921.01 of the Revised Code. 3,336
(3) If a prison term is imposed for a violation of 3,338
division (B) of section 2911.01 of the Revised Code, the offender 3,340
75
shall serve that prison term consecutively to any other prison 3,341
term.
(4) If multiple prison terms are imposed on an offender 3,343
for convictions of multiple offenses, the court may require the 3,344
offender to serve the prison terms consecutively if the court 3,345
finds that the consecutive service is necessary to protect the 3,346
public from future crime or to punish the offender and that 3,347
consecutive sentences are not disproportionate to the seriousness 3,348
of the offender's conduct and to the danger the offender poses to 3,350
the public, and if the court also finds any of the following: 3,351
(a) The offender committed the multiple offenses while the 3,354
offender was awaiting trial or sentencing, was under a sanction 3,355
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 3,356
Revised Code, or was under post-release control for a prior 3,357
offense.
(b) The harm caused by the multiple offenses was so great 3,360
or unusual that no single prison term for any of the offenses 3,361
committed as part of a single course of conduct adequately 3,362
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 3,364
demonstrates that consecutive sentences are necessary to protect 3,365
the public from future crime by the offender. 3,366
(5) When consecutive prison terms are imposed pursuant to 3,369
division (E)(1), (2), (3), or (4) of this section, the term to be 3,370
served is the aggregate of all of the terms so imposed. 3,371
(F) If a court imposes a prison term of a type described 3,374
in division (B) of section 2967.28 of the Revised Code, it shall 3,375
include in the sentence a requirement that the offender be 3,376
subject to a period of post-release control after the offender's 3,377
release from imprisonment, in accordance with that division. If 3,378
a court imposes a prison term of a type described in division (C) 3,379
of that section, it shall include in the sentence a requirement 3,380
that the offender be subject to a period of post-release control 3,381
after the offender's release from imprisonment, in accordance 3,382
76
with that division, if the parole board determines that a period 3,383
of post-release control is necessary. 3,384
(G) If a person is convicted of or pleads guilty to a 3,386
sexually violent offense and also is convicted of or pleads 3,387
guilty to a sexually violent predator specification that was 3,388
included in the indictment, count in the indictment, or 3,389
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 3,390
the Revised Code, and Chapter 2971. of the Revised Code applies 3,391
regarding the prison term or term of life imprisonment without 3,392
parole imposed upon the offender and the service of that term of 3,393
imprisonment.
(H) If a person who has been convicted of or pleaded 3,395
guilty to a felony is sentenced to a prison term or term of 3,396
imprisonment under this section, sections 2929.02 to 2929.06 of 3,397
the Revised Code, section 2971.03 of the Revised Code, or any 3,398
other provision of law, section 5120.163 of the Revised Code 3,399
applies regarding the person while the person is confined in a
state correctional institution. 3,400
(I) If an offender who is convicted of or pleads guilty to 3,402
a felony that is an offense of violence also is convicted of or 3,404
pleads guilty to a specification of the type described in section 3,405
2941.142 of the Revised Code that charges the offender with 3,406
having committed the felony while participating in a criminal 3,407
gang, the court shall impose upon the offender an additional 3,408
prison term of one, two, or three years.
(J)(1) EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS 3,411
SECTION, IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO 3,412
AN OFFENSE OF VIOLENCE ALSO IS CONVICTED OF OR PLEADS GUILTY TO A 3,413
SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.143 OF THE 3,415
REVISED CODE THAT CHARGES THE OFFENDER WITH HAVING COMMITTED THE 3,417
OFFENSE OF VIOLENCE IN A SCHOOL SAFETY ZONE, THE COURT, IN ITS 3,418
DISCRETION, MAY IMPOSE ONE OF THE FOLLOWING SENTENCES: 3,419
(a) IF THE OFFENSE OF VIOLENCE COMMITTED IS A MISDEMEANOR, 3,422
77
A SENTENCE FOR A FELONY OF THE FIFTH DEGREE; 3,423
(b) IF THE OFFENSE OF VIOLENCE COMMITTED IS A FELONY, A 3,426
SENTENCE FOR A FELONY THAT IS ONE DEGREE HIGHER THAN THE OFFENSE 3,427
OF VIOLENCE COMMITTED.
(2) THE COURT SHALL NOT IMPOSE ANY SENTENCE DESCRIBED IN 3,429
DIVISION (J)(1)(a) OR (b) OF THIS SECTION UPON AN OFFENDER FOR A 3,432
VIOLATION OF SECTION 2903.13 OR 2923.161 OF THE REVISED CODE THAT 3,433
IS COMMITTED IN A SCHOOL SAFETY ZONE. 3,434
Sec. 2941.143. IMPOSITION OF A SENTENCE BY A COURT 3,437
PURSUANT TO DIVISION (J) OF SECTION 2929.14 OF THE REVISED CODE 3,439
IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE INDICTMENT, OR 3,440
INFORMATION CHARGING THE OFFENSE OF VIOLENCE SPECIFIES THAT THE 3,441
OFFENDER COMMITTED THE OFFENSE OF VIOLENCE IN A SCHOOL SAFETY 3,442
ZONE. THE SPECIFICATION SHALL BE STATED AT THE END OF THE BODY 3,443
OF THE INDICTMENT, COUNT, OR INFORMATION AND SHALL BE IN 3,444
SUBSTANTIALLY THE FOLLOWING FORM: 3,445
"SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT). THE 3,448
GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING 3,449
ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT 3,450
(SET FORTH THAT THE OFFENDER COMMITTED THE OFFENSE OF VIOLENCE IN 3,451
A SCHOOL SAFETY ZONE)." 3,452
Sec. 3313.536. THE BOARD OF EDUCATION OF EACH CITY, 3,454
EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT SHALL ADOPT A 3,455
COMPREHENSIVE SCHOOL SAFETY PLAN FOR EACH SCHOOL BUILDING UNDER 3,456
THE BOARD'S CONTROL. THE BOARD SHALL EXAMINE THE ENVIRONMENTAL 3,457
CONDITIONS AND OPERATIONS OF EACH BUILDING TO DETERMINE POTENTIAL 3,459
HAZARDS TO STUDENT AND STAFF SAFETY AND SHALL PROPOSE OPERATING 3,460
CHANGES TO PROMOTE THE PREVENTION OF POTENTIALLY DANGEROUS 3,461
PROBLEMS AND CIRCUMSTANCES. IN DEVELOPING THE PLAN FOR EACH 3,462
BUILDING, THE BOARD SHALL AFFORD AN OPPORTUNITY FOR COMMUNITY LAW 3,463
ENFORCEMENT AND SAFETY OFFICIALS, PARENTS OF STUDENTS WHO ARE 3,464
ASSIGNED TO THE BUILDING, AND TEACHERS AND NONTEACHING EMPLOYEES 3,465
WHO ARE ASSIGNED TO THE BUILDING TO OFFER SUGGESTIONS AND 3,466
COMMENTS ON THE PLAN. THE BOARD SHALL CONSIDER INCORPORATING 3,467
78
REMEDIATION STRATEGIES INTO THE PLAN FOR ANY BUILDING WHERE 3,468
DOCUMENTED SAFETY PROBLEMS HAVE OCCURRED.
THE BOARD SHALL INCORPORATE INTO THE PLAN BOTH OF THE 3,470
FOLLOWING: 3,471
(A) A PROTOCOL FOR ADDRESSING SERIOUS THREATS TO THE 3,474
SAFETY OF SCHOOL PROPERTY, STUDENTS, EMPLOYEES, OR 3,475
ADMINISTRATORS;
(B) A PROTOCOL FOR RESPONDING TO ANY EMERGENCY EVENTS THAT 3,478
DO OCCUR AND THAT COMPROMISE THE SAFETY OF SCHOOL PROPERTY, 3,479
STUDENTS, EMPLOYEES, OR ADMINISTRATORS. 3,480
EACH PROTOCOL SHALL INCLUDE PROCEDURES DEEMED APPROPRIATE 3,482
BY THE BOARD FOR RESPONDING TO THREATS AND EMERGENCY EVENTS, 3,483
RESPECTIVELY, INCLUDING SUCH THINGS AS NOTIFICATION OF 3,484
APPROPRIATE LAW ENFORCEMENT PERSONNEL, CALLING UPON SPECIFIED 3,485
EMERGENCY RESPONSE PERSONNEL FOR ASSISTANCE, AND INFORMING 3,486
PARENTS OF AFFECTED STUDENTS. 3,487
Sec. 3313.66. (A) Except as provided under division 3,496
(B)(2) of this section, the superintendent of schools of a city, 3,498
exempted village, or local school district, or the principal of a 3,499
public school may suspend a pupil from school for not more than 3,500
ten school days. THE BOARD OF EDUCATION OF A CITY, EXEMPTED 3,501
VILLAGE, OR LOCAL SCHOOL DISTRICT MAY ADOPT A POLICY GRANTING 3,502
ASSISTANT PRINCIPALS AND OTHER ADMINISTRATORS THE AUTHORITY TO 3,503
SUSPEND A PUPIL FROM SCHOOL FOR A PERIOD OF TIME AS SPECIFIED IN 3,504
THE POLICY OF THE BOARD OF EDUCATION, NOT TO EXCEED TEN SCHOOL 3,505
DAYS. If at the time a suspension is imposed there are fewer 3,507
than ten school days remaining in the school year in which the 3,508
incident that gives rise to the suspension takes place, the 3,509
superintendent may apply any remaining part or all of the period 3,510
of the suspension to the following school year. No EXCEPT IN THE 3,511
CASE OF A PUPIL GIVEN AN IN-SCHOOL SUSPENSION, NO pupil shall be 3,512
suspended unless prior to the suspension such superintendent or 3,513
principal does both of the following: 3,514
(1) Gives the pupil written notice of the intention to 3,516
79
suspend him THE PUPIL and the reasons for the intended suspension 3,518
and, if the proposed suspension is based on a violation listed in 3,519
division (A) of section 3313.662 of the Revised Code and if the 3,520
pupil is sixteen years of age or older, includes in the notice a 3,521
statement that the superintendent may seek to permanently exclude 3,522
the pupil if he THE PUPIL is convicted of or adjudicated a 3,523
delinquent child for that violation; 3,525
(2) Provides the pupil an opportunity to appear at an 3,527
informal hearing before the principal, assistant principal, 3,528
superintendent, or superintendent's designee and challenge the 3,529
reason for the intended suspension or otherwise to explain his 3,530
THE PUPIL'S actions. 3,531
(B)(1) Except as provided under division (B)(2) or, (3), 3,533
OR (4) of this section, the superintendent of schools of a city, 3,535
exempted village, or local school district may expel a pupil from 3,536
school for a period not to exceed the greater of eighty school 3,537
days or the number of school days remaining in the semester or 3,538
term in which the incident that gives rise to the expulsion takes 3,539
place, unless the expulsion is extended pursuant to division (F) 3,540
of this section. If at the time an expulsion is imposed there 3,541
are fewer than eighty school days remaining in the school year in 3,542
which the incident that gives rise to the expulsion takes place, 3,543
the superintendent may apply any remaining part or all of the 3,544
period of the expulsion to the following school year. 3,545
(2) Unless a pupil is permanently excluded pursuant to 3,547
section 3313.662 of the Revised Code, the superintendent of 3,548
schools of a city, exempted village, or local school district 3,550
shall expel a pupil from school for a period of one year for 3,551
bringing a firearm to a school operated by the board of education
of the district or on to, ONTO any other property owned or 3,552
controlled by the board, OR ONTO PROPERTY AT WHICH AN ACTIVITY, 3,554
EVENT, OR PROGRAM SPONSORED BY OR IN WHICH THE DISTRICT IS A 3,555
PARTICIPANT WAS BEING CONDUCTED, except that the superintendent 3,557
may reduce this requirement on a case-by-case basis in accordance 3,558
80
with the policy adopted by the board under section 3313.661 of
the Revised Code. Any such expulsion shall extend, as necessary, 3,560
into the school year following the school year in which the 3,561
incident that gives rise to the expulsion takes place. As used 3,562
in this division, "firearm" has the same meaning as provided
pursuant to the "Gun-Free Schools Act of 1994," 108 Stat. 270, 20 3,564
U.S.C. 8001(a)(2). 3,565
(3) The board of education of a city, exempted village, or 3,568
local school district may adopt a resolution authorizing the 3,569
superintendent of schools to expel a pupil from school for a 3,570
period not to exceed one year for bringing a knife to a school 3,571
operated by the board or, onto any other property owned or 3,572
controlled by the board, OR ONTO PROPERTY AT WHICH AN ACTIVITY, 3,574
EVENT, OR PROGRAM SPONSORED BY OR IN WHICH THE DISTRICT IS A
PARTICIPANT WAS BEING CONDUCTED, or for possessing a firearm or 3,577
knife at a school or, on any other property owned or controlled 3,578
by the board, OR ON PROPERTY AT WHICH AN ACTIVITY, EVENT, OR 3,579
PROGRAM SPONSORED BY OR IN WHICH THE DISTRICT IS A PARTICIPANT
WAS BEING CONDUCTED, which firearm or knife was initially brought 3,581
onto school board property by another person. The resolution may 3,583
authorize the superintendent to extend such an expulsion, as
necessary, into the school year following the school year in 3,584
which the incident that gives rise to the expulsion takes place. 3,585
(4) THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, OR 3,588
LOCAL SCHOOL DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A 3,589
POLICY UNDER SECTION 3313.661 OF THE REVISED CODE THAT AUTHORIZES 3,590
THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM SCHOOL FOR A 3,592
PERIOD NOT TO EXCEED ONE YEAR FOR COMMITTING AN ACT THAT IS A 3,593
CRIMINAL OFFENSE WHEN COMMITTED BY AN ADULT AND THAT RESULTS IN 3,594
SERIOUS PHYSICAL HARM TO PERSONS AS DEFINED IN DIVISION (A)(5) OF 3,595
SECTION 2901.01 OF THE REVISED CODE OR SERIOUS PHYSICAL HARM TO 3,598
PROPERTY AS DEFINED IN DIVISION (A)(6) OF SECTION 2901.01 OF THE 3,600
REVISED CODE WHILE THE PUPIL IS AT SCHOOL, ON ANY OTHER PROPERTY 3,602
OWNED OR CONTROLLED BY THE BOARD, OR ON PROPERTY AT WHICH AN 3,603
81
ACTIVITY, EVENT, OR PROGRAM SPONSORED BY THE DISTRICT OR IN WHICH 3,604
THE DISTRICT IS A PARTICIPANT WAS BEING CONDUCTED. ANY EXPULSION 3,605
UNDER THIS DIVISION SHALL EXTEND, AS NECESSARY, INTO THE SCHOOL 3,606
YEAR FOLLOWING THE SCHOOL YEAR IN WHICH THE INCIDENT THAT GIVES 3,607
RISE TO THE EXPULSION TAKES PLACE. 3,608
(5) No pupil shall be expelled under division (B)(1), (2), 3,610
or (3), OR (4) of this section unless, prior to his THE PUPIL'S 3,612
expulsion, the superintendent does both of the following: 3,613
(a) Gives the pupil and his THE PUPIL'S parent, guardian, 3,615
or custodian written notice of the intention to expel the pupil; 3,617
(b) Provides the pupil and his THE PUPIL'S parent, 3,619
guardian, custodian, or representative an opportunity to appear 3,620
in person before the superintendent or his THE SUPERINTENDENT'S 3,621
designee to challenge the reasons for the intended expulsion or 3,622
otherwise to explain the pupil's actions. 3,623
The notice required in this division shall include the 3,625
reasons for the intended expulsion, notification of the 3,626
opportunity of the pupil and his THE PUPIL'S parent, guardian, 3,627
custodian, or representative to appear before the superintendent 3,629
or his THE SUPERINTENDENT'S designee to challenge the reasons for 3,630
the intended expulsion or otherwise to explain the pupil's 3,632
action, and notification of the time and place to appear. The 3,633
time to appear shall not be earlier than three nor later than 3,634
five school days after the notice is given, unless the 3,635
superintendent grants an extension of time at the request of the 3,636
pupil or his THE PUPIL'S parent, guardian, custodian, or 3,637
representative. If an extension is granted after giving the 3,638
original notice, the superintendent shall notify the pupil and 3,639
his THE PUPIL'S parent, guardian, custodian, or representative of 3,640
the new time and place to appear. If the proposed expulsion is 3,641
based on a violation listed in division (A) of section 3313.662 3,642
of the Revised Code and if the pupil is sixteen years of age or 3,643
older, the notice shall include a statement that the 3,644
superintendent may seek to permanently exclude the pupil if he 3,645
82
THE PUPIL is convicted of or adjudicated a delinquent child for 3,646
that violation. 3,647
(6) A SUPERINTENDENT OF SCHOOLS OF A CITY, EXEMPTED 3,649
VILLAGE, OR LOCAL SCHOOL DISTRICT SHALL INITIATE EXPULSION 3,650
PROCEEDINGS PURSUANT TO THIS SECTION WITH RESPECT TO ANY PUPIL 3,651
WHO HAS COMMITTED AN ACT WARRANTING EXPULSION UNDER THE 3,652
DISTRICT'S POLICY REGARDING EXPULSION EVEN IF THE PUPIL HAS 3,653
WITHDRAWN FROM SCHOOL FOR ANY REASON AFTER THE INCIDENT THAT 3,654
GIVES RISE TO THE HEARING BUT PRIOR TO THE HEARING OR DECISION TO 3,655
IMPOSE THE EXPULSION. IF, FOLLOWING THE HEARING, THE PUPIL WOULD 3,656
HAVE BEEN EXPELLED FOR A PERIOD OF TIME HAD THE PUPIL STILL BEEN 3,657
ENROLLED IN THE SCHOOL, THE EXPULSION SHALL BE IMPOSED FOR THE 3,659
SAME LENGTH OF TIME AS ON A PUPIL WHO HAS NOT WITHDRAWN FROM THE
SCHOOL. 3,660
(C) If a pupil's presence poses a continuing danger to 3,662
persons or property or an ongoing threat of disrupting the 3,663
academic process taking place either within a classroom or 3,664
elsewhere on the school premises, the superintendent or a 3,665
principal or assistant principal may remove a pupil from 3,666
curricular or extracurricular activities or from the school 3,667
premises, and a teacher may remove a pupil from curricular or 3,668
extracurricular activities under his THE TEACHER'S supervision, 3,670
without the notice and hearing requirements of division (A) or 3,671
(B) of this section. As soon as practicable after making such a 3,672
removal, the teacher shall submit in writing to the principal the 3,673
reasons for such removal. 3,674
If a pupil is removed under this division from a curricular 3,676
or extracurricular activity or from the school premises, written 3,677
notice of the hearing and of the reason for the removal shall be 3,678
given to the pupil as soon as practicable prior to the hearing, 3,679
which shall be held within three school days from the time the 3,680
initial removal is ordered. The hearing shall be held in 3,681
accordance with division (A) of this section unless it is 3,682
probable that the pupil may be subject to expulsion, in which 3,683
83
case a hearing in accordance with division (B) of this section 3,684
shall be held, except that the hearing shall be held within three 3,685
school days of the initial removal. The individual who ordered, 3,686
caused, or requested the removal to be made shall be present at 3,687
the hearing. 3,688
If the superintendent or the principal reinstates a pupil 3,690
in a curricular or extracurricular activity under the teacher's 3,691
supervision prior to the hearing following a removal under this 3,692
division, the teacher, upon request, shall be given in writing 3,693
the reasons for such reinstatement. 3,694
(D) The superintendent or principal, within one school day 3,696
after the time of a pupil's expulsion or suspension, shall notify 3,697
in writing the parent, guardian, or custodian of the pupil and 3,698
the treasurer of the board of education of the expulsion or 3,699
suspension. The notice shall include the reasons for the 3,700
expulsion or suspension, notification of the right of the pupil 3,701
or his THE PUPIL'S parent, guardian, or custodian to appeal the 3,702
expulsion or suspension to the board of education or to its 3,703
designee, to be represented in all appeal proceedings, to be 3,704
granted a hearing before the board or its designee in order to be 3,705
heard against the suspension or expulsion, and to request that 3,706
the hearing be held in executive session, notification that the 3,707
expulsion may be subject to extension pursuant to division (F) of 3,708
this section if the pupil is sixteen years of age or older, and 3,709
notification that the superintendent may seek the pupil's 3,710
permanent exclusion if the suspension or expulsion was based on a 3,711
violation listed in division (A) of section 3313.662 of the 3,712
Revised Code that was committed when the child was sixteen years 3,713
of age or older and if the pupil is convicted of or adjudicated a 3,714
delinquent child for that violation. 3,715
Any superintendent expelling a pupil under this section for 3,717
more than twenty school days or for any period of time if the 3,718
expulsion will extend into the following semester or school year 3,719
shall, in the notice required under this division, provide the 3,720
84
pupil and his THE PUPIL'S parent, guardian, or custodian with 3,721
information about services or programs offered by public and 3,723
private agencies that work toward improving those aspects of the 3,724
pupil's attitudes and behavior that contributed to the incident 3,725
that gave rise to the pupil's expulsion. The information shall 3,726
include the names, addresses, and phone numbers of the 3,727
appropriate public and private agencies. 3,728
(E) A pupil or his THE PUPIL'S parent, guardian, or 3,730
custodian may appeal his THE PUPIL'S expulsion or suspension by a 3,731
superintendent or principal to the board of education or to its 3,733
designee. The pupil or his THE PUPIL'S parent, guardian, or 3,734
custodian may be represented in all appeal proceedings and shall 3,736
be granted a hearing before the board or its designee in order to 3,737
be heard against the suspension or expulsion. At the request of 3,738
the pupil or of his THE PUPIL'S parent, guardian, custodian, or 3,739
attorney, the board or its designee may hold the hearing in 3,740
executive session but shall act upon the suspension or expulsion 3,741
only at a public meeting. The board, by a majority vote of its 3,742
full membership or by the action of its designee, may affirm the 3,743
order of suspension or expulsion, reinstate the pupil, or 3,744
otherwise reverse, vacate, or modify the order of suspension or 3,745
expulsion.
The board or its designee shall make a verbatim record of 3,747
hearings held under this division. The decisions of the board or 3,748
its designee may be appealed under Chapter 2506. of the Revised 3,749
Code. 3,750
This section shall not be construed to require notice and 3,752
hearing in accordance with division (A), (B), or (C) of this 3,753
section in the case of normal disciplinary procedures in which a 3,754
pupil is removed from a curricular or extracurricular activity 3,755
for a period of less than one school day and is not subject to 3,756
suspension or expulsion. 3,757
(F)(1) If a pupil is expelled pursuant to division (B) of 3,759
this section for committing any violation listed in division (A) 3,760
85
of section 3313.662 of the Revised Code and he THE PUPIL was 3,761
sixteen years of age or older at the time he committed OF 3,762
COMMITTING the violation, if a complaint is filed pursuant to 3,763
section 2151.27 of the Revised Code alleging that the pupil is a 3,765
delinquent child based upon the commission of the violation or 3,766
the pupil is prosecuted as an adult for the commission of the 3,767
violation, and if the resultant juvenile court or criminal 3,768
proceeding is pending at the time that the expulsion terminates, 3,769
the superintendent of schools that expelled the pupil may file a 3,770
motion with the court in which the proceeding is pending 3,771
requesting an order extending the expulsion for the lesser of an 3,772
additional eighty days or the number of school days remaining in 3,773
the school year. Upon the filing of the motion, the court 3,774
immediately shall schedule a hearing and give written notice of 3,775
the time, date, and location of the hearing to the superintendent 3,776
and to the pupil and his THE PUPIL'S parent, guardian, or 3,777
custodian. At the hearing, the court shall determine whether 3,778
there is reasonable cause to believe that the pupil committed the 3,779
alleged violation that is the basis of the expulsion and, upon 3,780
determining that reasonable cause to believe he THE PUPIL 3,781
committed the violation does exist, shall grant the requested 3,782
extension.
(2) If a pupil has been convicted of or adjudicated a 3,784
delinquent child for a violation listed in division (A) of 3,785
section 3313.662 of the Revised Code for an act that was 3,786
committed when the child was sixteen years of age or older, if 3,787
the pupil has been expelled pursuant to division (B) of this 3,788
section for that violation, and if the board of education of the 3,789
school district of the school from which he THE PUPIL was 3,790
expelled has adopted a resolution seeking his THE PUPIL'S 3,791
permanent exclusion, the superintendent may file a motion with 3,792
the court that convicted the pupil or adjudicated the pupil a 3,794
delinquent child requesting an order to extend the expulsion 3,795
until an adjudication order or other determination regarding 3,796
86
permanent exclusion is issued by the superintendent of public 3,797
instruction pursuant to section 3301.121 and division (D) of 3,798
section 3313.662 of the Revised Code. Upon the filing of the 3,799
motion, the court immediately shall schedule a hearing and give 3,800
written notice of the time, date, and location of the hearing to 3,801
the superintendent of the school district, the pupil, and his THE 3,802
PUPIL'S parent, guardian, or custodian. At the hearing, the 3,803
court shall determine whether there is reasonable cause to 3,804
believe the pupil's continued attendance in the public school 3,805
system may endanger the health and safety of other pupils or 3,806
school employees and, upon making that determination, shall grant 3,807
the requested extension.
(G) The failure of the superintendent or the board of 3,809
education to provide the information regarding the possibility of 3,810
permanent exclusion in the notice required by divisions (A), (B), 3,811
and (D) of this section is not jurisdictional, and the failure 3,812
shall not affect the validity of any suspension or expulsion 3,813
procedure that is conducted in accordance with this section or 3,814
the validity of a permanent exclusion procedure that is conducted 3,815
in accordance with sections 3301.121 and 3313.662 of the Revised 3,816
Code. 3,817
(H) With regard to suspensions and expulsions pursuant to 3,819
divisions (A) and (B) of this section by the board of education 3,820
of any city, exempted village, or local school district, this 3,821
section shall apply to any student, whether or not the student is 3,822
enrolled in the district, attending or otherwise participating in 3,823
any curricular program provided in a school operated by the board 3,824
or provided on any other property owned or controlled by the 3,825
board. 3,826
(I) Whenever a student is expelled under this section, the 3,828
expulsion shall result in removal of the student from the 3,829
student's regular school setting. However, during the period of 3,830
the expulsion, the board of education of the school district that 3,831
expelled the student or any board of education admitting the 3,832
87
student during that expulsion period may provide educational
services to the student in an alternative setting. 3,833
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the 3,835
Revised Code, any school district, after offering an opportunity 3,838
for a hearing, may temporarily deny admittance to any pupil if 3,839
the ONE OF THE FOLLOWING APPLIES:
(a) THE PUPIL HAS BEEN SUSPENDED FROM THE SCHOOLS OF 3,841
ANOTHER DISTRICT UNDER DIVISION (A) OF THIS SECTION AND THE 3,842
PERIOD OF SUSPENSION, AS ESTABLISHED UNDER THAT DIVISION, HAS NOT 3,843
EXPIRED;
(b) THE pupil has been expelled from the schools of 3,845
another district under division (B) of this section and the 3,846
period of the expulsion, as established under that division or as 3,847
extended under division (F) of this section, has not expired. If 3,848
IF a pupil is temporarily denied admission under this 3,851
division, the pupil shall be admitted to school in accordance 3,852
with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration of such THE SUSPENSION OR expulsion period, AS 3,854
APPLICABLE. 3,855
(2) Notwithstanding section 3313.64 or 3313.65 of the 3,857
Revised Code, any school district, after offering an opportunity 3,859
for a hearing, may temporarily deny admittance to any pupil if 3,860
the pupil has been expelled or otherwise removed for disciplinary 3,861
purposes from a public school in another state and the period of 3,862
expulsion or removal has not expired. If a pupil is temporarily 3,863
denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the 3,864
Revised Code no later than the earlier of the following: 3,866
(a) Upon expiration of the expulsion or removal period 3,868
imposed by the out-of-state school; 3,869
(b) Upon expiration of a period established by the 3,871
district, beginning with the date of expulsion or removal from 3,872
the out-of-state school, that is no greater than the period of 3,873
expulsion that the pupil would have received under the policy 3,874
88
adopted by the district under section 3313.661 of the Revised 3,875
Code had the offense that gave rise to the expulsion or removal 3,877
by the out-of-state school been committed while the pupil was 3,878
enrolled in the district.
(K) As used in this section, "permanently: 3,880
(1) "PERMANENTLY exclude" and "permanent exclusion" have 3,883
the same meanings as in section 3313.662 of the Revised Code. 3,884
(2) "IN-SCHOOL SUSPENSION" MEANS THE PUPIL WILL SERVE ALL 3,886
OF THE SUSPENSION IN A SCHOOL SETTING. 3,887
Sec. 3313.661. (A) The board of education of each city, 3,896
exempted village, and local school district shall adopt a policy 3,898
regarding suspension, expulsion, removal, and permanent exclusion 3,899
that specifies the types of misconduct for which a pupil may be 3,900
suspended, expelled, or removed. THE TYPES OF MISCONDUCT MAY
INCLUDE MISCONDUCT BY A PUPIL THAT OCCURS OFF OF PROPERTY OWNED 3,901
OR CONTROLLED BY THE DISTRICT BUT THAT IS CONNECTED TO ACTIVITIES 3,902
OR INCIDENTS THAT HAVE OCCURRED ON PROPERTY OWNED OR CONTROLLED 3,903
BY THAT DISTRICT AND MISCONDUCT BY A PUPIL THAT, REGARDLESS OF 3,904
WHERE IT OCCURS, IS DIRECTED AT A DISTRICT OFFICIAL OR EMPLOYEE, 3,905
OR THE PROPERTY OF SUCH OFFICIAL OR EMPLOYEE. The policy shall 3,906
specify the reasons for which the superintendent of the district 3,907
may reduce the expulsion requirement in division (B)(2) of 3,908
section 3313.66 of the Revised Code. If a board of education 3,910
adopts a resolution pursuant to division (B)(3) of section 3,911
3313.66 of the Revised Code, the policy shall define the term 3,912
"knife" or "firearm," as applicable, for purposes of expulsion 3,913
under that resolution and shall specify any reasons for which the 3,914
superintendent of the district may reduce any required expulsion 3,915
period on a case-by-case basis. IF A BOARD OF EDUCATION ADOPTS A 3,916
RESOLUTION PURSUANT TO DIVISION (B)(4) OF SECTION 3313.66 OF THE 3,917
REVISED CODE, THE POLICY SHALL SPECIFY ANY REASONS FOR WHICH THE 3,918
SUPERINTENDENT OF THE DISTRICT MAY REDUCE ANY REQUIRED EXPULSION 3,919
PERIOD ON A CASE-BY-CASE BASIS. The policy also shall set forth 3,921
the acts listed in section 3313.662 of the Revised Code for which 3,922
89
a pupil may be permanently excluded.
A copy of the policy shall be posted in a central location 3,924
in the school and made available to pupils upon request. No 3,925
pupil shall be suspended, expelled, or removed except in 3,926
accordance with the policy adopted by the board of education of 3,927
the school district in which the pupil attends school, and no 3,928
pupil shall be permanently excluded except in accordance with 3,929
sections 3301.121 and 3313.662 of the Revised Code. 3,930
(B) A board of education may establish a program and adopt 3,932
guidelines under which a superintendent may require a pupil to 3,933
perform community service in conjunction with a suspension or 3,935
expulsion imposed under section 3313.66 of the Revised Code or in 3,936
place of a suspension or expulsion imposed under section 3313.66 3,937
of the Revised Code except for an expulsion imposed pursuant to 3,938
division (B)(2) of that section. If a board adopts guidelines 3,939
under this division, they shall permit, except with regard to an 3,941
expulsion pursuant to division (B)(2) of section 3313.66 of the 3,942
Revised Code, a superintendent to impose a community service 3,943
requirement beyond the end of the school year in lieu of applying 3,944
the suspension or expulsion into the following school year. Any 3,945
guidelines adopted shall be included in the policy adopted under 3,946
this section. 3,947
(C) The written policy of each board of education that is 3,949
adopted pursuant to section 3313.20 of the Revised Code shall be 3,950
posted in a central location in each school that is subject to 3,951
the policy and shall be made available to pupils upon request. 3,952
(D) Any policy, program, or guideline adopted by a board 3,954
of education under this section with regard to suspensions or 3,955
expulsions pursuant to divisions (A) or (B) of section 3313.66 of 3,956
the Revised Code shall apply to any student, whether or not the 3,957
student is enrolled in the district, attending or otherwise 3,958
participating in any curricular program provided in a school 3,959
operated by the board or provided on any other property owned or 3,960
controlled by the board. 3,961
90
(E) As used in this section, "permanently exclude" and 3,963
"permanent exclusion" have the same meanings as in section 3,964
3313.662 of the Revised Code. 3,965
Sec. 3313.664. The board of education of a city, exempted 3,974
village, local, joint vocational, or cooperative education school 3,975
district may adopt a policy authorizing the district 3,976
superintendent or, other district administrative personnel, OR 3,978
PERSONNEL EMPLOYED BY THE DISTRICT TO DIRECT, SUPERVISE, OR COACH 3,979
A PUPIL ACTIVITY PROGRAM as provided in the policy to suspend 3,980
PROHIBIT a student from PARTICIPATING IN any particular or all 3,983
extracurricular activities of the district or a school of the
district for a period of time as provided in the policy. If a 3,984
board of education adopts a policy under this section, the board 3,985
shall post the policy in a central location in each school 3,986
building of the district and make it available to students upon 3,988
request.
Sec. 3318.031. THE OHIO SCHOOL FACILITIES COMMISSION SHALL 3,991
CONSIDER STUDENT AND STAFF SAFETY WHEN REVIEWING DESIGN PLANS FOR 3,992
CLASSROOM FACILITY CONSTRUCTION PROJECTS PROPOSED UNDER THIS 3,994
CHAPTER. AFTER CONSULTING WITH APPROPRIATE EDUCATION AND LAW 3,995
ENFORCEMENT PERSONNEL, THE COMMISSION MAY REQUIRE AS A CONDITION 3,996
OF PROJECT APPROVAL UNDER SECTION 3318.03 OF THE REVISED CODE 3,998
SUCH CHANGES IN THE DESIGN PLANS AS THE COMMISSION BELIEVES WILL 3,999
ADVANCE OR IMPROVE STUDENT AND STAFF SAFETY IN THE PROPOSED 4,000
CLASSROOM FACILITY.
TO CARRY OUT ITS DUTIES UNDER THIS SECTION, THE COMMISSION 4,002
SHALL REVIEW AND, IF NECESSARY, AMEND ANY CONSTRUCTION AND DESIGN 4,003
STANDARDS USED IN ITS PROJECT APPROVAL PROCESS, INCLUDING 4,004
STANDARDS FOR LOCATION AND NUMBER OF EXITS AND LOCATION OF 4,005
RESTROOMS, WITH A FOCUS ON ADVANCING STUDENT AND STAFF SAFETY. 4,006
Section 2. That existing sections 2901.01, 2903.13, 4,008
2917.11, 2923.122, 2923.161, 2925.01, 2925.02, 2925.03, 2925.07, 4,009
2925.13, 2925.36, 2925.37, 2929.14, 3313.66, 3313.661, and 4,010
3313.664 of the Revised Code are hereby repealed. 4,011
91
Section 3. Section 2923.122 of the Revised Code is 4,013
presented in this act as a composite of the section as amended by 4,014
both Am. Sub. H.B. 72 and Am. Sub. H.B. 124 of the 121st General 4,015
Assembly, with the new language of neither of the acts shown in 4,016
capital letters. Section 2925.01 of the Revised Code is 4,017
presented in this act as a composite of the section as amended by 4,018
both Am. Sub. S.B. 66 and Am. S.B. 117 of the 122nd General 4,019
Assembly, with the new language of neither of the acts shown in 4,020
capital letters. This is in recognition of the principle stated 4,021
in division (B) of section 1.52 of the Revised Code that such 4,022
amendments are to be harmonized where not substantively 4,023
irreconcilable and constitutes a legislative finding that such is 4,024
the resulting version in effect prior to the effective date of 4,025
this act.