As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                    S. B. No. 1  5            

      1999-2000                                                    6            


                         SENATOR GARDNER                           8            


                                                                   10           

                           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           

                                                          2      

                                                                 
                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           

                                                          3      

                                                                 
      (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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
      (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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
      (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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
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          

                                                          14     

                                                                 
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          

                                                          15     

                                                                 
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          

                                                          16     

                                                                 
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.