As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                           Am. Sub. S. B. No. 1  5            

      1999-2000                                                    6            


SENATORS GARDNER-KEARNS-OELSLAGER-CUPP-MUMPER-SCHAFRATH-PRENTISS-  8            

    DRAKE-WATTS-RAY-LATTA-CARNES-ARMBRUSTER-WHITE-HOTTINGER-       9            

                     HERINGTON-SPADA-LATELL                        10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 2901.01, 2903.13, 2917.11,          14           

                2923.122, 2923.161, 2929.14, 3313.66, 3313.661,    16           

                3313.664, 3321.13, and 4507.061 and to enact                    

                sections 2941.143, 3313.536, and 3318.031 of the   18           

                Revised Code to require each school district       20           

                board of education to adopt a comprehensive                     

                school safety plan for each building in the        21           

                district; to require the Ohio School Facilities                 

                Commission to consider student and staff safety    22           

                when reviewing design plans for classroom          23           

                facility construction projects; to define "school               

                safety zone" for purposes of the Criminal Code;    24           

                to substitute "school safety zone" for "school,"   25           

                "school premises," and similar terms used to       26           

                define certain offenses or enhance their                        

                penalties; to enhance the penalty for any felony   27           

                offense of violence committed in a school safety   28           

                zone or towards a person in a school safety zone;               

                to require a school district superintendent to     30           

                expel a pupil who has committed an act warranting               

                expulsion even if the pupil withdraws from the     33           

                school before the superintendent has conducted an  34           

                expulsion hearing or has made the decision to      35           

                expel the pupil; to permit a school district       37           

                board to adopt a policy authorizing the                         

                superintendent to expel for up to one year any     38           

                                                          2      


                                                                 
                pupil who has committed an act at school or on     39           

                other school property that is a criminal offense   40           

                if committed by an adult and that results in                    

                serious physical harm to either persons or         41           

                property; to prohibit a student from having a      42           

                driver's license or permit if the student has                   

                been disciplined by a school district for          43           

                misconduct involving a weapon; and to make other                

                revisions to the school discipline laws.           45           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        47           

      Section 1.  That sections 2901.01, 2903.13, 2917.11,         49           

2923.122, 2923.161, 2929.14, 3313.66, 3313.661, 3313.664,          51           

3321.13, and 4507.061 be amended and sections 2941.143, 3313.536,  52           

and 3318.031 of the Revised Code be enacted to read as follows:    54           

      Sec. 2901.01.  (A)  As used in the Revised Code:             63           

      (1)  "Force" means any violence, compulsion, or constraint   65           

physically exerted by any means upon or against a person or        66           

thing.                                                             67           

      (2)  "Deadly force" means any force that carries a           69           

substantial risk that it will proximately result in the death of   70           

any person.                                                        71           

      (3)  "Physical harm to persons" means any injury, illness,   73           

or other physiological impairment, regardless of its gravity or    74           

duration.                                                          75           

      (4)  "Physical harm to property" means any tangible or       77           

intangible damage to property that, in any degree, results in      78           

loss to its value or interferes with its use or enjoyment.         79           

"Physical harm to property" does not include wear and tear         80           

occasioned by normal use.                                          81           

      (5)  "Serious physical harm to persons" means any of the     83           

following:                                                         84           

      (a)  Any mental illness or condition of such gravity as      86           

                                                          3      


                                                                 
would normally require hospitalization or prolonged psychiatric    87           

treatment;                                                         88           

      (b)  Any physical harm that carries a substantial risk of    90           

death;                                                             91           

      (c)  Any physical harm that involves some permanent          93           

incapacity, whether partial or total, or that involves some        94           

temporary, substantial incapacity;                                 95           

      (d)  Any physical harm that involves some permanent          97           

disfigurement or that involves some temporary, serious             98           

disfigurement;                                                     99           

      (e)  Any physical harm that involves acute pain of such      101          

duration as to result in substantial suffering or that involves    102          

any degree of prolonged or intractable pain.                       103          

      (6)  "Serious physical harm to property" means any physical  105          

harm to property that does either of the following:                106          

      (a)  Results in substantial loss to the value of the         108          

property or requires a substantial amount of time, effort, or      109          

money to repair or replace;                                        110          

      (b)  Temporarily prevents the use or enjoyment of the        112          

property or substantially interferes with its use or enjoyment     113          

for an extended period of time.                                    114          

      (7)  "Risk" means a significant possibility, as contrasted   116          

with a remote possibility, that a certain result may occur or      117          

that certain circumstances may exist.                              118          

      (8)  "Substantial risk" means a strong possibility, as       120          

contrasted with a remote or significant possibility, that a        121          

certain result may occur or that certain circumstances may exist.  122          

      (9)  "Offense of violence" means any of the following:       124          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       126          

2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,    127          

2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02,     128          

2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03,     129          

2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of     130          

division (A)(1), (2), or (3) of section 2911.12 of the Revised     131          

                                                          4      


                                                                 
Code or felonious sexual penetration in violation of former        132          

section 2907.12 of the Revised Code;                               133          

      (b)  A violation of an existing or former municipal          135          

ordinance or law of this or any other state or the United States,  136          

substantially equivalent to any section, division, or offense      138          

listed in division (A)(9)(a) of this section;                      139          

      (c)  An offense, other than a traffic offense, under an      141          

existing or former municipal ordinance or law of this or any       142          

other state or the United States, committed purposely or           143          

knowingly, and involving physical harm to persons or a risk of     144          

serious physical harm to persons;                                  145          

      (d)  A conspiracy or attempt to commit, or complicity in     147          

committing, any offense under division (A)(9)(a), (b), or (c) of   149          

this section.                                                                   

      (10)(a)  "Property" means any property, real or personal,    152          

tangible or intangible, and any interest or license in that        153          

property.  "Property" includes, but is not limited to, cable                    

television service, other telecommunications service,              154          

telecommunications devices, information service, computers, data,  155          

computer software, financial instruments associated with           157          

computers, other documents associated with computers, or copies    158          

of the documents, whether in machine or human readable form,       159          

trade secrets, trademarks, copyrights, patents, and property       160          

protected by a trademark, copyright, or patent.  "Financial        161          

instruments associated with computers" include, but are not        162          

limited to, checks, drafts, warrants, money orders, notes of       163          

indebtedness, certificates of deposit, letters of credit, bills    164          

of credit or debit cards, financial transaction authorization      165          

mechanisms, marketable securities, or any computer system          166          

representations of any of them.                                    167          

      (b)  As used in division (A)(10) of this section, "trade     170          

secret" has the same meaning as in section 1333.61 of the Revised  171          

Code, and "telecommunications . service" and "information          172          

service" have the same meanings as in section 2913.01 of the       174          

                                                          5      


                                                                 
Revised Code.                                                                   

      (c)  As used in divisions (A)(10) and (13) of this section,  177          

"cable television service," "computer," "computer software,"       178          

"computer system," "computer network," "data," and                 179          

"telecommunications device" have the same meanings as in section   180          

2913.01 of the Revised Code.                                                    

      (11)  "Law enforcement officer" means any of the following:  182          

      (a)  A sheriff, deputy sheriff, constable, police officer    184          

of a township or joint township police district, marshal, deputy   185          

marshal, municipal police officer, member of a police force        186          

employed by a metropolitan housing authority under division (D)    187          

of section 3735.31 of the Revised Code, or state highway patrol    188          

trooper;                                                           189          

      (b)  An officer, agent, or employee of the state or any of   191          

its agencies, instrumentalities, or political subdivisions, upon   192          

whom, by statute, a duty to conserve the peace or to enforce all   193          

or certain laws is imposed and the authority to arrest violators   194          

is conferred, within the limits of that statutory duty and         195          

authority;                                                         196          

      (c)  A mayor, in the mayor's capacity as chief conservator   198          

of the peace within the mayor's municipal corporation;             199          

      (d)  A member of an auxiliary police force organized by      201          

county, township, or municipal law enforcement authorities,        202          

within the scope of the member's appointment or commission;        203          

      (e)  A person lawfully called pursuant to section 311.07 of  205          

the Revised Code to aid a sheriff in keeping the peace, for the    206          

purposes and during the time when the person is called;            207          

      (f)  A person appointed by a mayor pursuant to section       209          

737.01 of the Revised Code as a special patrolling officer during  211          

riot or emergency, for the purposes and during the time when the   212          

person is appointed;                                                            

      (g)  A member of the organized militia of this state or the  214          

armed forces of the United States, lawfully called to duty to aid  215          

civil authorities in keeping the peace or protect against          216          

                                                          6      


                                                                 
domestic violence;                                                 217          

      (h)  A prosecuting attorney, assistant prosecuting           219          

attorney, secret service officer, or municipal prosecutor;         220          

      (i)  An Ohio veterans' home police officer appointed under   222          

section 5907.02 of the Revised Code;                               223          

      (j)  A member of a police force employed by a regional       225          

transit authority under division (Y) of section 306.35 of the      226          

Revised Code.                                                                   

      (12)  "Privilege" means an immunity, license, or right       228          

conferred by law, bestowed by express or implied grant, arising    230          

out of status, position, office, or relationship, or growing out   231          

of necessity.                                                                   

      (13)  "Contraband" means any property described in the       233          

following categories:                                              234          

      (a)  Property that in and of itself is unlawful for a        236          

person to acquire or possess;                                      237          

      (b)  Property that is not in and of itself unlawful for a    239          

person to acquire or possess, but that has been determined by a    240          

court of this state, in accordance with law, to be contraband      241          

because of its use in an unlawful activity or manner, of its       242          

nature, or of the circumstances of the person who acquires or      243          

possesses it, including, but not limited to, goods and personal    244          

property described in division (D) of section 2913.34 of the       245          

Revised Code;                                                                   

      (c)  Property that is specifically stated to be contraband   247          

by a section of the Revised Code or by an ordinance, regulation,   248          

or resolution;                                                     249          

      (d)  Property that is forfeitable pursuant to a section of   251          

the Revised Code, or an ordinance, regulation, or resolution,      252          

including, but not limited to, forfeitable firearms, dangerous     253          

ordnance, obscene materials, and goods and personal property       255          

described in division (D) of section 2913.34 of the Revised Code;               

      (e)  Any controlled substance, as defined in section         257          

3719.01 of the Revised Code, or any device, paraphernalia, money   258          

                                                          7      


                                                                 
as defined in section 1301.01 of the Revised Code, or other means  259          

of exchange that has been, is being, or is intended to be used in  260          

an attempt or conspiracy to violate, or in a violation of,         261          

Chapter 2925. or 3719. of the Revised Code;                        262          

      (f)  Any gambling device, paraphernalia, money as defined    264          

in section 1301.01 of the Revised Code, or other means of          265          

exchange that has been, is being, or is intended to be used in an  266          

attempt or conspiracy to violate, or in the violation of, Chapter  267          

2915. of the Revised Code;                                         268          

      (g)  Any equipment, machine, device, apparatus, vehicle,     270          

vessel, container, liquid, or substance that has been, is being,   271          

or is intended to be used in an attempt or conspiracy to violate,  272          

or in the violation of, any law of this state relating to alcohol  273          

or tobacco;                                                        274          

      (h)  Any personal property that has been, is being, or is    276          

intended to be used in an attempt or conspiracy to commit, or in   277          

the commission of, any offense or in the transportation of the     278          

fruits of any offense;                                             279          

      (i)  Any property that is acquired through the sale or       281          

other transfer of contraband or through the proceeds of            282          

contraband, other than by a court or a law enforcement agency      283          

acting within the scope of its duties;                             284          

      (j)  Any computer, computer system, computer network,        286          

computer software, or other telecommunications device that is      287          

used in a conspiracy to commit, an attempt to commit, or the       289          

commission of any offense, if the owner of the computer, computer  290          

system, computer network, computer software, or other              291          

telecommunications device is convicted of or pleads guilty to the  292          

offense in which it is used.                                                    

      (14)  A person is "not guilty by reason of insanity"         294          

relative to a charge of an offense only if the person proves, in   295          

the manner specified in section 2901.05 of the Revised Code, that  296          

at the time of the commission of the offense, the person did not   297          

know, as a result of a severe mental disease or defect, the        298          

                                                          8      


                                                                 
wrongfulness of the person's acts.                                 299          

      (B)(1)(a)  Subject to division (B)(2) of this section, as    302          

used in any section contained in Title XXIX of the Revised Code    303          

that sets forth a criminal offense, "person" includes all of the   304          

following:                                                                      

      (i)  An individual, corporation, business trust, estate,     306          

trust, partnership, and association;                               307          

      (ii)  An unborn human who is viable.                         309          

      (b)  As used in any section contained in Title XXIX of the   312          

Revised Code that does not set forth a criminal offense, "person"  313          

includes an individual, corporation, business trust, estate,       314          

trust, partnership, and association.                                            

      (c)  As used in division (B)(1)(a) of this section:          316          

      (i)  "Unborn human" means an individual organism of the      318          

species homo sapiens from fertilization until live birth.          319          

      (ii)  "Viable" means the stage of development of a human     322          

fetus at which there is a realistic possibility of maintaining                  

and nourishing of a life outside the womb with or without          323          

temporary artificial life-sustaining support.                      324          

      (2)  Notwithstanding division (B)(1)(a) of this section, in  326          

no case shall the portion of the definition of the term "person"   327          

that is set forth in division (B)(1)(a)(ii) of this section be     328          

applied or construed in any section contained in Title XXIX of     329          

the Revised Code that sets forth a criminal offense in any of the  330          

following manners:                                                              

      (a)  Except as otherwise provided in division (B)(2)(a) of   332          

this section, in a manner so that the offense prohibits or is      333          

construed as prohibiting any pregnant woman or her physician from  334          

performing an abortion with the consent of the pregnant woman,     335          

with the consent of the pregnant woman implied by law in a         336          

medical emergency, or with the approval of one otherwise           337          

authorized by law to consent to medical treatment on behalf of                  

the pregnant woman.  An abortion that violates the conditions      338          

described in the immediately preceding sentence may be punished    339          

                                                          9      


                                                                 
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04,      340          

2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13,     341          

2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable.   342          

An abortion that does not violate the conditions described in the  343          

second immediately preceding sentence, but that does violate                    

section 2919.12, division (B) of section 2919.13, section          344          

2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished  345          

as a violation of section 2919.12, division (B) of section         346          

2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised       347          

Code, as applicable.  Consent is sufficient under this division    348          

if it is of the type otherwise adequate to permit medical          349          

treatment to the pregnant woman, even if it does not comply with   350          

section 2919.12 of the Revised Code.                                            

      (b)  In a manner so that the offense is applied or is        353          

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        354          

results in any of the following:                                   355          

      (i)  Her delivery of a stillborn baby;                       357          

      (ii)  Her causing, in any other manner, the death in utero   360          

of a viable, unborn human that she is carrying;                                 

      (iii)  Her causing the death of her child who is born alive  363          

but who dies from one or more injuries that are sustained while                 

the child is a viable, unborn human;                               364          

      (iv)  Her causing her child who is born alive to sustain     367          

one or more injuries while the child is a viable, unborn human;                 

      (v)  Her causing, threatening to cause, or attempting to     370          

cause, in any other manner, an injury, illness, or other                        

physiological impairment, regardless of its duration or gravity,   371          

or a mental illness or condition, regardless of its duration or    372          

gravity, to a viable, unborn human that she is carrying.           373          

      (C)  AS USED IN TITLE XXIX OF THE REVISED CODE:              379          

      (1)  "SCHOOL SAFETY ZONE" CONSISTS OF A SCHOOL, SCHOOL       382          

BUILDING, SCHOOL PREMISES, SCHOOL ACTIVITY, AND SCHOOL BUS.        383          

      (2)  "SCHOOL," "SCHOOL BUILDING," AND "SCHOOL PREMISES"      385          

                                                          10     


                                                                 
HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE.  386          

      (3)  "SCHOOL ACTIVITY" MEANS ANY ACTIVITY HELD UNDER THE     388          

AUSPICES OF A BOARD OF EDUCATION OF A CITY, LOCAL, COUNTY,         389          

EXEMPTED VILLAGE, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION       390          

SCHOOL DISTRICT OR THE GOVERNING BODY OF A SCHOOL FOR WHICH THE    391          

STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS UNDER        392          

SECTION 3301.07 OF THE REVISED CODE.                               394          

      (4)  "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION         396          

4511.01 OF THE REVISED CODE.                                       398          

      Sec. 2903.13.  (A)  No person shall knowingly cause or       407          

attempt to cause physical harm to another or to another's unborn.  408          

      (B)  No person shall recklessly cause serious physical harm  410          

to another or to another's unborn.                                 411          

      (C)  Whoever violates this section is guilty of assault.     413          

Except as otherwise provided in division (C)(1), (2), or (3) of    414          

this section, assault is a misdemeanor of the first degree.        416          

      (1)  Except as otherwise provided in this division, if the   418          

offense is committed by a caretaker against a functionally         420          

impaired person under the caretaker's care, assault is a felony    421          

of the fourth degree.  If the offense is committed by a caretaker  422          

against a functionally impaired person under the caretaker's       423          

care, if the offender previously has been convicted of or pleaded  425          

guilty to a violation of this section or section 2903.11 or        426          

2903.16 of the Revised Code, and if in relation to the previous    427          

conviction the offender was a caretaker and the victim was a       428          

functionally impaired person under the offender's care, assault    429          

is a felony of the third degree.                                   430          

      (2)  If the offense is committed in any of the following     432          

circumstances, assault is a felony of the fifth degree:            433          

      (a)  The offense occurs in or on the grounds of a state      435          

correctional institution or an institution of the department of    436          

youth services, the victim of the offense is an employee of the    437          

department of rehabilitation and correction, the department of     438          

youth services, or a probation department or is on the premises    439          

                                                          11     


                                                                 
of the particular institution for business purposes or as a        440          

visitor, and the offense is committed by a person incarcerated in  441          

the state correctional institution, by a person institutionalized  442          

in the department of youth services institution pursuant to a      443          

commitment to the department of youth services, by a probationer   445          

or parolee, by an offender under transitional control, under a     447          

community control sanction, or on an escorted visit, by a person                

under post-release control, or by an offender under any other      450          

type of supervision by a government agency;.                       451          

      (b)  The offense occurs in or on the grounds of a local      453          

correctional facility, the victim of the offense is an employee    454          

of the local correctional facility or a probation department or    455          

is on the premises of the facility for business purposes or as a   456          

visitor, and the offense is committed by a person who is under     457          

custody in the facility subsequent to the person's arrest for any  458          

crime or delinquent act, subsequent to the person's being charged  460          

with or convicted of any crime, or subsequent to the person's      462          

being alleged to be or adjudicated a delinquent child.             463          

      (c)  The offense occurs off the grounds of a state           465          

correctional institution and off the grounds of an institution of  466          

the department of youth services, the victim of the offense is an  467          

employee of the department of rehabilitation and correction, the   468          

department of youth services, or a probation department, the       469          

offense occurs during the employee's official work hours and       470          

while the employee is engaged in official work responsibilities,   471          

and the offense is committed by a person incarcerated in a state   473          

correctional institution or institutionalized in the department    474          

of youth services who temporarily is outside of the institution    475          

for any purpose, by a probationer or parolee, by an offender       477          

under transitional control, under a community control sanction,    478          

or on an escorted visit, by a person under post-release control,   479          

or by an offender under any other type of supervision by a         480          

government agency.                                                              

      (d)  The offense occurs off the grounds of a local           482          

                                                          12     


                                                                 
correctional facility, the victim of the offense is an employee    483          

of the local correctional facility or a probation department, the  484          

offense occurs during the employee's official work hours and       485          

while the employee is engaged in official work responsibilities,   486          

and the offense is committed by a person who is under custody in   487          

the facility subsequent to the person's arrest for any crime or    488          

delinquent act, subsequent to the person being charged with or     489          

convicted of any crime, or subsequent to the person being alleged  490          

to be or adjudicated a delinquent child and who temporarily is     492          

outside of the facility for any purpose or by a probationer or     493          

parolee, by an offender under transitional control, under a        494          

community control sanction, or on an escorted visit, by a person   495          

under post-release control, or by an offender under any other      496          

type of supervision by a government agency.                        497          

      (e)  The victim of the offense is a school teacher or        499          

administrator or a school bus operator, and the offense occurs on  500          

IN A school premises, in a school building, on a school bus, or    502          

while the victim is outside of school premises or a school bus     503          

and is ingaged in duties or official responsibilities associated   505          

with the victim's employement or position as a school teacher or   506          

administrator or a school bus operator, including, but not         507          

limited to, driving, accompanying, or chaperoning students at or   508          

on class or field trips, athletic events, or other school          509          

extracurricular activities or functions outide of school premises  510          

SAFETY ZONE.                                                                    

      (3)  If the victim of the offense is a peace officer, a      512          

fire fighter FIREFIGHTER, or a person performing emergency         513          

medical service, while in the performance of their official        515          

duties, assault is a felony of the fourth degree.                  516          

      (4)  As used in this section:                                518          

      (a)  "Peace officer" has the same meaning as in section      520          

2935.01 of the Revised Code.                                       521          

      (b)  "Fire fighter FIREFIGHTER" has the same meaning as in   523          

section 3937.41 of the Revised Code.                               525          

                                                          13     


                                                                 
      (c)  "Emergency medical service" has the same meaning as in  527          

section 4765.01 of the Revised Code.                               528          

      (d)  "Local correctional facility" means a county,           530          

multicounty, municipal, municipal-county, or                       531          

multicounty-municipal jail or workhouse, a minimum security jail   533          

established under section 341.23 or 753.21 of the Revised Code,    534          

or another county, multicounty, municipal, municipal-county, or    535          

multicounty-municipal facility used for the custody of persons     536          

arrested for any crime or delinquent act, persons charged with or  537          

convicted of any crime, or persons alleged to be or adjudicated a  538          

delinquent child.                                                               

      (e)  "Employee of a local correctional facility" means a     540          

person who is an employee of the political subdivision or of one   541          

or more of the affiliated political subdivisions that operates     542          

the local correctional facility and who operates or assists in     543          

the operation of the facility.                                     544          

      (f)  "School," "school building," and "school premises"      546          

have the same meanings as in section 2925.01 of the Revised Code.  548          

      (g)  "School teacher or administrator" means either of the   550          

following:                                                                      

      (i)  A person who is employed in the public schools of the   552          

state under a contract described in section 3319.08 of the         553          

Revised Code in a position in which the person is required to      554          

have a certificate issued pursuant to sections 3319.22 to          555          

3319.311 of the Revised Code.                                                   

      (ii)  A person who is employed by a nonpublic school for     557          

which the state board of education prescribes minimum standards    558          

under section 3301.07 of the Revised Code and who is certificated  559          

in accordance with section 3301.071 of the Revised Code.           560          

      (h)  "School bus" has the same meaning as in section         562          

4511.01 of the Revised Code.                                       563          

      (i)(g)  "Community control sanction" has the same meaning    565          

as in section 2929.01 of the Revised Code.                         567          

      (j)(h)  "Escorted visit" means an escorted visit granted     569          

                                                          14     


                                                                 
under section 2967.27 of the Revised Code.                         570          

      (k)(i)  "Post-release control" and "transitional control"    572          

have the same meanings as in section 2967.01 of the Revised Code.  574          

      Sec. 2917.11.  (A)  No person shall recklessly cause         583          

inconvenience, annoyance, or alarm to another, by doing any of     584          

the following:                                                     585          

      (1)  Engaging in fighting, in threatening harm to persons    587          

or property, or in violent or turbulent behavior;                  588          

      (2)  Making unreasonable noise or an offensively coarse      590          

utterance, gesture, or display, or communicating unwarranted and   591          

grossly abusive language to any person;                            592          

      (3)  Insulting, taunting, or challenging another, under      594          

circumstances in which such conduct is likely to provoke a         595          

violent response;                                                  596          

      (4)  Hindering or preventing the movement of persons on a    598          

public street, road, highway, or right-of-way, or to, from,        599          

within, or upon public or private property, so as to interfere     600          

with the rights of others, and by any act that serves no lawful    602          

and reasonable purpose of the offender;                                         

      (5)  Creating a condition that is physically offensive to    604          

persons or that presents a risk of physical harm to persons or     606          

property, by any act that serves no lawful and reasonable purpose  607          

of the offender.                                                                

      (B)  No person, while voluntarily intoxicated, shall do      609          

either of the following:                                           610          

      (1)  In a public place or in the presence of two or more     612          

persons, engage in conduct likely to be offensive or to cause      613          

inconvenience, annoyance, or alarm to persons of ordinary          614          

sensibilities, which conduct the offender, if the offender were    616          

not intoxicated, should know is likely to have that effect on      617          

others;                                                            618          

      (2)  Engage in conduct or create a condition that presents   620          

a risk of physical harm to the offender or another, or to the      622          

property of another.                                                            

                                                          15     


                                                                 
      (C)  Violation of any statute or ordinance of which an       624          

element is operating a motor vehicle, locomotive, watercraft,      625          

aircraft, or other vehicle while under the influence of alcohol    626          

or any drug of abuse, is not a violation of division (B) of this   627          

section.                                                           628          

      (D)  When to an ordinary observer a person appears to be     630          

intoxicated, it is probable cause to believe that person is        631          

voluntarily intoxicated for purposes of division (B) of this       632          

section.                                                           633          

      (E)  Whoever violates this section is guilty of disorderly   635          

conduct.  Except as otherwise provided in this division,           636          

disorderly conduct is a minor misdemeanor.  If the offender        638          

persists in disorderly conduct after reasonable warning or                      

request to desist or if the offense is committed in the vicinity   639          

of a school OR IN A SCHOOL SAFETY ZONE, disorderly conduct is a    641          

misdemeanor of the fourth degree.                                               

      (F)  As used in this section, "committed in the vicinity of  643          

a school" has the same meaning as in section 2925.01 of the        645          

Revised Code.                                                                   

      Sec. 2923.122.  (A)  No person shall knowingly convey, or    659          

attempt to convey, a deadly weapon or dangerous ordnance onto      661          

school premises, into a school or school building, to a school     662          

activity, or onto a school bus SAFETY ZONE.                        663          

      (B)  No person shall knowingly possess a deadly weapon or    665          

dangerous ordnance on school premises, in a school or school       666          

building, at a school activity, or on a school bus SAFETY ZONE.    668          

      (C)  No person shall knowingly possess an object on school   671          

premises, in a school or school building, at a school activity,    672          

or on a school bus SAFETY ZONE if both of the following apply:     674          

      (1)  The object is indistinguishable from a firearm,         676          

whether or not the object is capable of being fired.               677          

      (2)  The person indicates that the person possesses the      680          

object and that it is a firearm, or the person knowingly displays  681          

or brandishes the object and indicates that it is a firearm.       682          

                                                          16     


                                                                 
      (D)  This section does not apply to officers, agents, or     684          

employees of this or any other state or the United States, or to   685          

law enforcement officers, authorized to carry deadly weapons or    686          

dangerous ordnance and acting within the scope of their duties,    687          

to any security officer employed by a board of education or        688          

governing body of a school during the time that the security       689          

officer is on duty pursuant to that contract of employment, or to  690          

any other person who has written authorization from the board of   691          

education or governing body of a school to convey deadly weapons   692          

or dangerous ordnance onto school premises, into a school or       694          

school building, to a school activity, or onto a school bus                     

SAFETY ZONE or to possess a deadly weapon or dangerous ordnance    696          

on school premises, in a school or school building, at a school    697          

activity, or on a school bus SAFETY ZONE and who conveys or        699          

possesses the deadly weapon or dangerous ordnance in accordance                 

with that authorization.                                           700          

      Division (C) of this section does not apply to premises      703          

upon which home schooling is conducted.  Division (C) of this      704          

section also does not apply to a school administrator, teacher,                 

or employee who possesses an object that is indistinguishable      705          

from a firearm for legitimate school purposes during the course    706          

of employment, a student who uses an object that is                707          

indistinguishable from a firearm under the direction of a school   708          

administrator, teacher, or employee, or any other person who with               

the express prior approval of a school administrator possesses an  710          

object that is indistinguishable from a firearm for a legitimate                

purpose, including the use of the object in a ceremonial           711          

activity, a play, reenactment, or other dramatic presentation, or  712          

a ROTC activity or another similar use of the object.              713          

      (E)(1)  Whoever violates division (A) or (B) of this         716          

section is guilty of illegal conveyance or possession of a deadly  717          

weapon or dangerous ordnance on IN A school premises SAFETY ZONE.  719          

Except as otherwise provided in this division, illegal conveyance  720          

or possession of a deadly weapon or dangerous ordnance on IN A     722          

                                                          17     


                                                                 
school premises SAFETY ZONE is a felony of the fifth degree.  If   723          

the offender previously has been convicted of a violation of this  725          

section, illegal conveyance or possession of a deadly weapon or    727          

dangerous ordnance on IN A school premises SAFETY ZONE is a        728          

felony of the fourth degree.                                       729          

      (2)  Whoever violates division (C) of this section is        731          

guilty of illegal possession of an object indistinguishable from   732          

a firearm on IN A school premises SAFETY ZONE.  Except as          735          

otherwise provided in this division, illegal possession of an      737          

object indistinguishable from a firearm on IN A school premises    738          

SAFETY ZONE is a misdemeanor of the first degree.  If the          739          

offender previously has been convicted of a violation of this      740          

section, illegal possession of an object indistinguishable from a  741          

firearm on IN A school premises SAFETY ZONE is a felony of the     742          

fifth degree.                                                      743          

      (E)(F)(1)  In addition to any other penalty imposed upon a   745          

person who is convicted of or pleads guilty to a violation of      748          

this section and subject to division (E)(F)(2) of this section,    750          

if the offender has not attained nineteen years of age,            751          

regardless of whether the offender is attending or is enrolled in  752          

a school operated by a board of education or for which the state   753          

board of education prescribes minimum standards under section      754          

3301.07 of the Revised Code, the court shall impose upon the       755          

offender whichever of the following penalties applies:             756          

      (a)  If the offender has been issued a probationary          758          

driver's license, restricted license, driver's license, or         759          

probationary commercial driver's license that then is in effect,   760          

the court shall suspend for a period of not less than twelve       762          

months and not more than thirty-six months that license of the     763          

offender.                                                                       

      (b)  If the offender has been issued a temporary             765          

instruction permit that then is in effect, the court shall revoke  767          

it and deny the offender the issuance of another temporary         768          

instruction permit, and the period of denial shall be for not      769          

                                                          18     


                                                                 
less than twelve months and not more than thirty-six months.                    

      (c)  If the offender has been issued a commercial driver's   772          

license temporary instruction permit that then is in effect, the   773          

court shall suspend the offender's driver's license, revoke the    774          

commercial driver's license temporary instruction permit, and      775          

deny the offender the issuance of another commercial driver's      777          

license temporary instruction permit, and the period of            778          

suspension plus the period of denial shall total not less than                  

twelve months and not more than thirty-six months.                 779          

      (d)  If, on the date the court imposes sentence upon the     781          

offender for a violation of this section, the offender has not     784          

been issued any type of license that then is in effect to operate  785          

a motor vehicle in this state or a temporary instruction permit    787          

that then is in effect, the court shall deny the offender the      788          

issuance of a temporary instruction permit for a period of not     789          

less than twelve months and not more than thirty-six months.                    

      (e)  If the offender is not a resident of this state, the    791          

court shall suspend for a period of not less than twelve months    792          

and not more than thirty-six months the nonresident operating      793          

privilege of the offender.                                                      

      (2)  If the offender shows good cause why the court should   795          

not suspend or revoke one of the types of licenses, permits or     796          

privileges specified in division (E)(F)(1) of this section or      798          

deny the issuance of one of the temporary instruction permits      800          

specified in that division, the court in its discretion may        801          

choose not to impose the suspension, revocation, or denial                      

required in that division.                                         802          

      (F)(G)  As used in this section:                             804          

      (1)  "School," "school building," and "school premises"      806          

have the same meanings as in section 2925.01 of the Revised Code.  807          

      (2)  "School activity" means any activity held under the     809          

auspices of a board of education of a city, local, county,         810          

exempted village, joint vocational, or cooperative education       811          

school district or the governing body of a school for which the    812          

                                                          19     


                                                                 
state board of education prescribes minimum standards under        813          

section 3301.07 of the Revised Code.                                            

      (3)  "School bus" has the same meaning as in section         815          

4511.01 of the Revised Code.                                       816          

      (4)  "Object, "OBJECT that is indistinguishable from a       819          

firearm" means an object made, constructed, or altered so that,    821          

to a reasonable person without specialized training in firearms,   822          

the object appears to be a firearm.                                             

      Sec. 2923.161.  (A)  No person, without privilege to do so,  831          

shall knowingly discharge DO EITHER OF THE FOLLOWING:              832          

      (1)  DISCHARGE a firearm at or into an occupied structure    835          

that is a permanent or temporary habitation of any individual or;  836          

      (2)  DISCHARGE A FIREARM AT, IN, OR INTO a school SAFETY     838          

ZONE.                                                                           

      (B)  This section does not apply to any officer, agent, or   840          

employee of this or any other state or the United States, or to    841          

any law enforcement officer, who discharges the firearm while      842          

acting within the scope of the officer's, agent's, or employee's   843          

duties.                                                                         

      (C)  Whoever violates this section is guilty of improperly   845          

discharging a firearm at or into a habitation or IN A school       846          

SAFETY ZONE, a felony of the second degree.                        848          

      (D)  As used in this section, "occupied structure" has the   850          

same meaning as in section 2909.01 of the Revised Code.            851          

      Sec. 2929.14.  (A)  Except as provided in division (C),      861          

(D)(2), (D)(3), (D)(4), or (G) of this section and except in       862          

relation to an offense for which a sentence of death or life       863          

imprisonment is to be imposed, if the court imposing a sentence    864          

upon an offender for a felony elects or is required to impose a    865          

prison term on the offender pursuant to this chapter and is not    866          

prohibited by division (G)(1) of section 2929.13 of the Revised    867          

Code from imposing a prison term on the offender, the court shall               

impose a definite prison term that shall be one of the following:  869          

      (1)  For a felony of the first degree, the prison term       871          

                                                          20     


                                                                 
shall be three, four, five, six, seven, eight, nine, or ten        872          

years.                                                             873          

      (2)  For a felony of the second degree, the prison term      875          

shall be two, three, four, five, six, seven, or eight years.       876          

      (3)  For a felony of the third degree, the prison term       878          

shall be one, two, three, four, or five years.                     879          

      (4)  For a felony of the fourth degree, the prison term      881          

shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,   882          

fourteen, fifteen, sixteen, seventeen, or eighteen months.         883          

      (5)  For a felony of the fifth degree, the prison term       885          

shall be six, seven, eight, nine, ten, eleven, or twelve months.   887          

      (B)  Except as provided in division (C), (D)(2), (D)(3), or  890          

(G) of this section, in section 2907.02 of the Revised Code, or    891          

in Chapter 2925. of the Revised Code, if the court imposing a      893          

sentence upon an offender for a felony elects or is required to    894          

impose a prison term on the offender and if the offender           895          

previously has not served a prison term, the court shall impose    896          

the shortest prison term authorized for the offense pursuant to    897          

division (A) of this section, unless the court finds on the        898          

record that the shortest prison term will demean the seriousness   899          

of the offender's conduct or will not adequately protect the       900          

public from future crime by the offender or others.                901          

      (C)  Except as provided in division (G) of this section or   903          

in Chapter 2925. of the Revised Code, the court imposing a         904          

sentence upon an offender for a felony may impose the longest      905          

prison term authorized for the offense pursuant to division (A)    906          

of this section only upon offenders who committed the worst forms  907          

of the offense, upon offenders who pose the greatest likelihood    908          

of committing future crimes, upon certain major drug offenders     909          

under division (D)(3) of this section, and upon certain repeat     910          

violent offenders in accordance with division (D)(2) of this       912          

section.                                                                        

      (D)(1)(a)(i)  Except as provided in division (D)(1)(b) of    914          

this section, if an offender who is convicted of or pleads guilty  915          

                                                          21     


                                                                 
to a felony also is convicted of or pleads guilty to a             916          

specification of the type described in section 2941.144 of the     917          

Revised Code that charges the offender with having a firearm that  919          

is an automatic firearm or that was equipped with a firearm        920          

muffler or silencer on or about the offender's person or under     922          

the offender's control while committing the felony, a                           

specification of the type described in section 2941.145 of the     923          

Revised Code that charges the offender with having a firearm on    924          

or about the offender's person or under the offender's control     925          

while committing the offense and displaying the firearm,           927          

brandishing the firearm, indicating that the offender possessed    928          

the firearm, or using it to facilitate the offense, or a           930          

specification of the type described in section 2941.141 of the                  

Revised Code that charges the offender with having a firearm on    932          

or about the offender's person or under the offender's control     933          

while committing the felony, the court, after imposing a prison    934          

term on the offender for the felony under division (A), (D)(2),    936          

or (D)(3) of this section, shall impose an additional prison       937          

term, determined pursuant to this division, that shall not be      938          

reduced pursuant to section 2929.20, section 2967.193, or any      939          

other provision of Chapter 2967. or Chapter 5120. of the Revised   940          

Code.  If the specification is of the type described in section    942          

2941.144 of the Revised Code, the additional prison term shall be  943          

six years.  If the specification is of the type described in       945          

section 2941.145 of the Revised Code, the additional prison term   947          

shall be three years.  If the specification is of the type         948          

described in section 2941.141 of the Revised Code, the additional               

prison term shall be one year.  A court shall not impose more      950          

than one additional prison term on an offender under this          951          

division for felonies committed as part of the same act or         952          

transaction.  If a court imposes an additional prison term under   953          

division (D)(1)(a)(ii) of this section, the court is not                        

precluded from imposing an additional prison term under this       954          

division.                                                                       

                                                          22     


                                                                 
      (ii)  Except as provided in division (D)(1)(b) of this       957          

section, if an offender who is convicted of or pleads guilty to a  958          

violation of section 2923.161 of the Revised Code or to a felony   960          

that includes, as an essential element, purposely or knowingly     961          

causing or attempting to cause the death of or physical harm to    962          

another, also is convicted of or pleads guilty to a specification  963          

of the type described in section 2941.146 of the Revised Code      966          

that charges the offender with committing the offense by           967          

discharging a firearm from a motor vehicle, as defined in section  968          

4501.01 of the Revised Code, other than a manufactured home, as    971          

defined in section 4501.01 of the Revised Code, the court, after   973          

imposing a prison term on the offender for the violation of        974          

section 2923.161 of the Revised Code or for the other felony       976          

offense under division (A), (D)(2), or (D)(3) of this section,     977          

shall impose an additional prison term of five years upon the      978          

offender that shall not be reduced pursuant to section 2929.20,    979          

section 2967.193, or any other provision of Chapter 2967. or       980          

Chapter 5120. of the Revised Code.  A court shall not impose more  982          

than one additional prison term on an offender under this                       

division for felonies committed as part of the same act or         984          

transaction.  If a court imposes an additional prison term on an                

offender under this division relative to an offense, the court     985          

also shall impose an additional prison term under division         986          

(D)(1)(a)(i) of this section relative to the same offense,         987          

provided the criteria specified in that division for imposing an   988          

additional prison term are satisfied relative to the offender and  989          

the offense.                                                                    

      (b)  The court shall not impose any of the additional        991          

prison terms described in division (D)(1)(a) of this section upon  994          

an offender for a violation of section 2923.12 or 2923.123 of the  995          

Revised Code.  The court shall not impose any of the additional    996          

prison terms described in that division upon an offender for a     997          

violation of section 2923.13 of the Revised Code unless all of     998          

the following apply:                                                            

                                                          23     


                                                                 
      (i)  The offender previously has been convicted of           1,001        

aggravated murder, murder, or any felony of the first or second    1,002        

degree.                                                                         

      (ii)  Less than five years have passed since the offender    1,005        

was released from prison or post-release control, whichever is     1,006        

later, for the prior offense.                                                   

      (2)(a)  If an offender who is convicted of or pleads guilty  1,009        

to a felony also is convicted of or pleads guilty to a             1,010        

specification of the type described in section 2941.149 of the     1,011        

Revised Code that the offender is a repeat violent offender, the   1,013        

court shall impose a prison term from the range of terms           1,014        

authorized for the offense under division (A) of this section      1,015        

that may be the longest term in the range and that shall not be    1,016        

reduced pursuant to section 2929.20, section 2967.193, or any      1,018        

other provision of Chapter 2967. or Chapter 5120. of the Revised   1,019        

Code.  If the court finds that the repeat violent offender, in     1,021        

committing the offense, caused any physical harm that carried a    1,022        

substantial risk of death to a person or that involved             1,023        

substantial permanent incapacity or substantial permanent          1,024        

disfigurement of a person, the court shall impose the longest      1,025        

prison term from the range of terms authorized for the offense     1,027        

under division (A) of this section.                                             

      (b)  If the court imposing a prison term on a repeat         1,030        

violent offender imposes the longest prison term from the range    1,031        

of terms authorized for the offense under division (A) of this     1,032        

section, the court may impose on the offender an additional        1,033        

definite prison term of one, two, three, four, five, six, seven,   1,034        

eight, nine, or ten years if the court finds that both of the      1,035        

following apply with respect to the prison terms imposed on the    1,036        

offender pursuant to division (D)(2)(a) of this section and, if    1,037        

applicable, divisions (D)(1) and (3) of this section:              1,038        

      (i)  The terms so imposed are inadequate to punish the       1,041        

offender and protect the public from future crime, because the     1,042        

applicable factors under section 2929.12 of the Revised Code       1,045        

                                                          24     


                                                                 
indicating a greater likelihood of recidivism outweigh the         1,047        

applicable factors under that section indicating a lesser                       

likelihood of recidivism.                                          1,048        

      (ii)  The terms so imposed are demeaning to the seriousness  1,051        

of the offense, because one or more of the factors under section   1,052        

2929.12 of the Revised Code indicating that the offender's         1,053        

conduct is more serious than conduct normally constituting the     1,054        

offense are present, and they outweigh the applicable factors      1,055        

under that section indicating that the offender's conduct is less  1,057        

serious than conduct normally constituting the offense.                         

      (3)(a)  Except when an offender commits a violation of       1,060        

section 2903.01 or 2907.02 of the Revised Code and the penalty     1,061        

imposed for the violation is life imprisonment or commits a        1,062        

violation of section 2903.02 of the Revised Code, if the offender  1,063        

commits a violation of section 2925.03, 2925.04, or 2925.11 of     1,064        

the Revised Code and that section requires the imposition of a     1,066        

ten-year prison term on the offender or if a court imposing a      1,067        

sentence upon an offender for a felony finds that the offender is  1,068        

guilty of a specification of the type described in section         1,069        

2941.1410 of the Revised Code, that the offender is a major drug   1,070        

offender, is guilty of corrupt activity with the most serious      1,071        

offense in the pattern of corrupt activity being a felony of the   1,072        

first degree, or is guilty of an attempted forcible violation of   1,073        

section 2907.02 of the Revised Code with the victim being under    1,074        

thirteen years of age and that attempted violation is the felony   1,075        

for which sentence is being imposed, the court shall impose upon   1,076        

the offender for the felony violation a ten-year prison term that  1,077        

cannot be reduced pursuant to section 2929.20 or Chapter 2967. or  1,079        

5120. of the Revised Code.                                                      

      (b)  The court imposing a prison term on an offender under   1,082        

division (D)(3)(a) of this section may impose an additional        1,083        

prison term of one, two, three, four, five, six, seven, eight,     1,084        

nine, or ten years, if the court, with respect to the term         1,085        

imposed under division (D)(3)(a) of this section and, if           1,086        

                                                          25     


                                                                 
applicable, divisions (D)(1) and (2) of this section, makes both   1,088        

of the findings set forth in divisions (D)(2)(b)(i) and (ii) of    1,089        

this section.                                                                   

      (4)  If the offender is being sentenced for a fourth degree  1,091        

felony OMVI offense and if division (G)(2) of section 2929.13 of   1,093        

the Revised Code requires the sentencing court to impose upon the  1,094        

offender a mandatory prison term, the sentencing court shall       1,095        

impose upon the offender a mandatory prison term in accordance     1,096        

with that division.  In addition to the mandatory prison term,                  

the sentencing court may sentence the offender to an additional    1,097        

prison term of any duration specified in division (A)(4) of this   1,098        

section minus the sixty days imposed upon the offender as the      1,099        

mandatory prison term.  The total of the additional prison term    1,100        

imposed under division (D)(4) of this section plus the sixty days  1,101        

imposed as the mandatory prison term shall equal one of the        1,102        

authorized prison terms specified in division (A)(4) of this                    

section.  If the court imposes an additional prison term under     1,103        

division (D)(4) of this section, the offender shall serve the      1,104        

additional prison term after the offender has served the           1,105        

mandatory prison term required for the offense.  The court shall   1,106        

not sentence the offender to a community control sanction under                 

section 2929.16 or 2929.17 of the Revised Code.                    1,107        

      (E)(1)  If a mandatory prison term is imposed upon an        1,110        

offender pursuant to division (D)(1)(a) of this section for        1,111        

having a firearm on or about the offender's person or under the                 

offender's control while committing a felony or if a mandatory     1,113        

prison term is imposed upon an offender pursuant to division       1,114        

(D)(1)(b) of this section for committing a felony specified in     1,115        

that division by discharging a firearm from a motor vehicle, the   1,116        

offender shall serve the mandatory prison term consecutively to    1,117        

and prior to the prison term imposed for the underlying felony     1,118        

pursuant to division (A), (D)(2), or (D)(3) of this section or     1,119        

any other section of the Revised Code and consecutively to any     1,120        

other prison term or mandatory prison term previously or           1,122        

                                                          26     


                                                                 
subsequently imposed upon the offender.                            1,123        

      (2)  If an offender who is an inmate in a jail, prison, or   1,126        

other residential detention facility violates section 2917.02,                  

2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender   1,128        

who is under detention at a detention facility commits a felony                 

violation of section 2923.131 of the Revised Code, or if an        1,129        

offender who is an inmate in a jail, prison, or other residential  1,130        

detention facility or is under detention at a detention facility   1,131        

commits another felony while the offender is an escapee in         1,133        

violation of section 2921.34 of the Revised Code, any prison term  1,135        

imposed upon the offender for one of those violations shall be     1,136        

served by the offender consecutively to the prison term or term                 

of imprisonment the offender was serving when the offender         1,138        

committed that offense and to any other prison term previously or  1,139        

subsequently imposed upon the offender.  As used in this                        

division, "detention" and "detention facility" have the same       1,140        

meanings as in section 2921.01 of the Revised Code.                1,141        

      (3)  If a prison term is imposed for a violation of          1,143        

division (B) of section 2911.01 of the Revised Code, the offender  1,145        

shall serve that prison term consecutively to any other prison     1,146        

term.                                                                           

      (4)  If multiple prison terms are imposed on an offender     1,148        

for convictions of multiple offenses, the court may require the    1,149        

offender to serve the prison terms consecutively if the court      1,150        

finds that the consecutive service is necessary to protect the     1,151        

public from future crime or to punish the offender and that        1,152        

consecutive sentences are not disproportionate to the seriousness  1,153        

of the offender's conduct and to the danger the offender poses to  1,155        

the public, and if the court also finds any of the following:      1,156        

      (a)  The offender committed the multiple offenses while the  1,159        

offender was awaiting trial or sentencing, was under a sanction    1,160        

imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the    1,161        

Revised Code, or was under post-release control for a prior        1,162        

offense.                                                                        

                                                          27     


                                                                 
      (b)  The harm caused by the multiple offenses was so great   1,165        

or unusual that no single prison term for any of the offenses      1,166        

committed as part of a single course of conduct adequately         1,167        

reflects the seriousness of the offender's conduct.                             

      (c)  The offender's history of criminal conduct              1,169        

demonstrates that consecutive sentences are necessary to protect   1,170        

the public from future crime by the offender.                      1,171        

      (5)  When consecutive prison terms are imposed pursuant to   1,174        

division (E)(1), (2), (3), or (4) of this section, the term to be  1,175        

served is the aggregate of all of the terms so imposed.            1,176        

      (F)  If a court imposes a prison term of a type described    1,179        

in division (B) of section 2967.28 of the Revised Code, it shall   1,180        

include in the sentence a requirement that the offender be         1,181        

subject to a period of post-release control after the offender's   1,182        

release from imprisonment, in accordance with that division.  If   1,183        

a court imposes a prison term of a type described in division (C)  1,184        

of that section, it shall include in the sentence a requirement    1,185        

that the offender be subject to a period of post-release control   1,186        

after the offender's release from imprisonment, in accordance      1,187        

with that division, if the parole board determines that a period   1,188        

of post-release control is necessary.                              1,189        

      (G)  If a person is convicted of or pleads guilty to a       1,191        

sexually violent offense and also is convicted of or pleads        1,192        

guilty to a sexually violent predator specification that was       1,193        

included in the indictment, count in the indictment, or            1,194        

information charging that offense, the court shall impose                       

sentence upon the offender in accordance with section 2971.03 of   1,195        

the Revised Code, and Chapter 2971. of the Revised Code applies    1,196        

regarding the prison term or term of life imprisonment without     1,197        

parole imposed upon the offender and the service of that term of   1,198        

imprisonment.                                                                   

      (H)  If a person who has been convicted of or pleaded        1,200        

guilty to a felony is sentenced to a prison term or term of        1,201        

imprisonment under this section, sections 2929.02 to 2929.06 of    1,202        

                                                          28     


                                                                 
the Revised Code, section 2971.03 of the Revised Code, or any      1,203        

other provision of law, section 5120.163 of the Revised Code       1,204        

applies regarding the person while the person is confined in a                  

state correctional institution.                                    1,205        

      (I)  If an offender who is convicted of or pleads guilty to  1,207        

a felony that is an offense of violence also is convicted of or    1,209        

pleads guilty to a specification of the type described in section  1,210        

2941.142 of the Revised Code that charges the offender with        1,211        

having committed the felony while participating in a criminal      1,212        

gang, the court shall impose upon the offender an additional       1,213        

prison term of one, two, or three years.                                        

      (J)  IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO  1,215        

A FELONY THAT IS AN OFFENSE OF VIOLENCE ALSO IS CONVICTED OF OR    1,217        

PLEADS GUILTY TO A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION  1,218        

2941.143 OF THE REVISED CODE THAT CHARGES THE OFFENDER WITH        1,221        

HAVING COMMITTED THE FELONY IN A SCHOOL SAFETY ZONE OR TOWARDS A   1,222        

PERSON IN A SCHOOL SAFETY ZONE, THE COURT SHALL IMPOSE UPON THE    1,223        

OFFENDER AN ADDITIONAL PRISON TERM OF TWO YEARS.  THE OFFENDER                  

SHALL SERVE THE ADDITIONAL TWO YEARS CONSECUTIVELY TO AND PRIOR    1,224        

TO THE PRISON TERM IMPOSED FOR THE UNDERLYING FELONY.              1,225        

      Sec. 2941.143.  IMPOSITION OF A SENTENCE BY A COURT          1,228        

PURSUANT TO DIVISION (J) OF SECTION 2929.14 OF THE REVISED CODE    1,230        

IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE INDICTMENT, OR    1,231        

INFORMATION CHARGING THE FELONY THAT IS AN OFFENSE OF VIOLENCE     1,232        

SPECIFIES THAT THE OFFENDER COMMITTED THE FELONY IN A SCHOOL       1,234        

SAFETY ZONE OR TOWARDS A PERSON IN A SCHOOL SAFTY ZONE.  THE       1,235        

SPECIFICATION SHALL BE STATED AT THE END OF THE BODY OF THE        1,237        

INDICTMENT, COUNT, OR INFORMATION AND SHALL BE IN SUBSTANTIALLY    1,238        

THE FOLLOWING FORM:                                                             

      "SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT).  THE  1,241        

GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING            1,242        

ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT    1,243        

(SET FORTH THAT THE OFFENDER COMMITTED THE FELONY THAT IS AN       1,244        

OFFENSE OF VIOLENCE IN A SCHOOL SAFETY ZONE OR TOWARDS A PERSON    1,246        

                                                          29     


                                                                 
IN A SCHOOL SAFETY ZONE)."                                                      

      Sec. 3313.536.  THE BOARD OF EDUCATION OF EACH CITY,         1,248        

EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT SHALL ADOPT A          1,249        

COMPREHENSIVE SCHOOL SAFETY PLAN FOR EACH SCHOOL BUILDING UNDER    1,250        

THE BOARD'S CONTROL.  THE BOARD SHALL EXAMINE THE ENVIRONMENTAL    1,251        

CONDITIONS AND OPERATIONS OF EACH BUILDING TO DETERMINE POTENTIAL  1,253        

HAZARDS TO STUDENT AND STAFF SAFETY AND SHALL PROPOSE OPERATING    1,254        

CHANGES TO PROMOTE THE PREVENTION OF POTENTIALLY DANGEROUS         1,255        

PROBLEMS AND CIRCUMSTANCES.  IN DEVELOPING THE PLAN FOR EACH       1,256        

BUILDING, THE BOARD SHALL AFFORD AN OPPORTUNITY FOR COMMUNITY LAW  1,257        

ENFORCEMENT AND SAFETY OFFICIALS, PARENTS OF STUDENTS WHO ARE      1,258        

ASSIGNED TO THE BUILDING, AND TEACHERS AND NONTEACHING EMPLOYEES   1,259        

WHO ARE ASSIGNED TO THE BUILDING TO OFFER SUGGESTIONS AND          1,260        

COMMENTS ON THE PLAN.  THE BOARD SHALL CONSIDER INCORPORATING      1,261        

REMEDIATION STRATEGIES INTO THE PLAN FOR ANY BUILDING WHERE        1,262        

DOCUMENTED SAFETY PROBLEMS HAVE OCCURRED.                                       

      THE BOARD SHALL INCORPORATE INTO THE PLAN BOTH OF THE        1,264        

FOLLOWING:                                                         1,265        

      (A)  A PROTOCOL FOR ADDRESSING SERIOUS THREATS TO THE        1,268        

SAFETY OF SCHOOL PROPERTY, STUDENTS, EMPLOYEES, OR                 1,269        

ADMINISTRATORS;                                                                 

      (B)  A PROTOCOL FOR RESPONDING TO ANY EMERGENCY EVENTS THAT  1,272        

DO OCCUR AND THAT COMPROMISE THE SAFETY OF SCHOOL PROPERTY,        1,273        

STUDENTS, EMPLOYEES, OR ADMINISTRATORS.                            1,274        

      EACH PROTOCOL SHALL INCLUDE PROCEDURES DEEMED APPROPRIATE    1,276        

BY THE BOARD FOR RESPONDING TO THREATS AND EMERGENCY EVENTS,       1,277        

RESPECTIVELY, INCLUDING SUCH THINGS AS NOTIFICATION OF             1,278        

APPROPRIATE LAW ENFORCEMENT PERSONNEL, CALLING UPON SPECIFIED      1,279        

EMERGENCY RESPONSE PERSONNEL FOR ASSISTANCE, AND INFORMING         1,280        

PARENTS OF AFFECTED STUDENTS.                                      1,281        

      Sec. 3313.66.  (A)  Except as provided under division        1,290        

(B)(2) of this section, the superintendent of schools of a city,   1,292        

exempted village, or local school district, or the principal of a  1,293        

public school may suspend a pupil from school for not more than    1,294        

                                                          30     


                                                                 
ten school days.  THE BOARD OF EDUCATION OF A CITY, EXEMPTED       1,295        

VILLAGE, OR LOCAL SCHOOL DISTRICT MAY ADOPT A POLICY GRANTING      1,296        

ASSISTANT PRINCIPALS AND OTHER ADMINISTRATORS THE AUTHORITY TO     1,297        

SUSPEND A PUPIL FROM SCHOOL FOR A PERIOD OF TIME AS SPECIFIED IN   1,298        

THE POLICY OF THE BOARD OF EDUCATION, NOT TO EXCEED TEN SCHOOL     1,299        

DAYS.  If at the time a suspension is imposed there are fewer      1,301        

than ten school days remaining in the school year in which the     1,302        

incident that gives rise to the suspension takes place, the        1,303        

superintendent may apply any remaining part or all of the period   1,304        

of the suspension to the following school year.  No EXCEPT IN THE  1,305        

CASE OF A PUPIL GIVEN AN IN-SCHOOL SUSPENSION, NO pupil shall be   1,306        

suspended unless prior to the suspension such superintendent or    1,307        

principal does both of the following:                              1,308        

      (1)  Gives the pupil written notice of the intention to      1,310        

suspend him THE PUPIL and the reasons for the intended suspension  1,312        

and, if the proposed suspension is based on a violation listed in  1,313        

division (A) of section 3313.662 of the Revised Code and if the    1,314        

pupil is sixteen years of age or older, includes in the notice a   1,315        

statement that the superintendent may seek to permanently exclude  1,316        

the pupil if he THE PUPIL is convicted of or adjudicated a         1,317        

delinquent child for that violation;                               1,319        

      (2)  Provides the pupil an opportunity to appear at an       1,321        

informal hearing before the principal, assistant principal,        1,322        

superintendent, or superintendent's designee and challenge the     1,323        

reason for the intended suspension or otherwise to explain his     1,324        

THE PUPIL'S actions.                                               1,325        

      (B)(1)  Except as provided under division (B)(2) or, (3),    1,327        

OR (4) of this section, the superintendent of schools of a city,   1,329        

exempted village, or local school district may expel a pupil from  1,330        

school for a period not to exceed the greater of eighty school     1,331        

days or the number of school days remaining in the semester or     1,332        

term in which the incident that gives rise to the expulsion takes  1,333        

place, unless the expulsion is extended pursuant to division (F)   1,334        

of this section.  If at the time an expulsion is imposed there     1,335        

                                                          31     


                                                                 
are fewer than eighty school days remaining in the school year in  1,336        

which the incident that gives rise to the expulsion takes place,   1,337        

the superintendent may apply any remaining part or all of the      1,338        

period of the expulsion to the following school year.              1,339        

      (2)(a)  Unless a pupil is permanently excluded pursuant to   1,341        

section 3313.662 of the Revised Code, the superintendent of        1,342        

schools of a city, exempted village, or local school district      1,344        

shall expel a pupil from school for a period of one year for       1,345        

bringing a firearm to a school operated by the board of education               

of the district or on to ONTO any other property owned or          1,346        

controlled by the board, except that the superintendent may        1,349        

reduce this requirement on a case-by-case basis in accordance      1,350        

with the policy adopted by the board under section 3313.661 of                  

the Revised Code.  Any such                                        1,352        

      (b)  THE SUPERINTENDENT OF SCHOOLS OF A CITY, EXEMPTED       1,354        

VILLAGE, OR LOCAL SCHOOL DISTRICT MAY EXPEL A PUPIL FROM SCHOOL    1,355        

FOR A PERIOD OF ONE YEAR FOR BRINGING A FIREARM TO AN              1,357        

INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY                   

OTHER SCHOOL PROGRAM OR ACTIVITY THAT IS NOT LOCATED IN A SCHOOL   1,359        

OR ON PROPERTY THAT IS OWNED OR CONTROLLED BY THE DISTRICT.  THE   1,360        

SUPERINTENDENT MAY REDUCE THIS DISCIPLINARY ACTION ON A            1,361        

CASE-BY-CASE BASIS IN ACCORDANCE WITH THE POLICY ADOPTED BY THE    1,362        

BOARD UNDER SECTION 3313.661 OF THE REVISED CODE.                               

      (c)  ANY expulsion PURSUANT TO DIVISION (B)(2) OF THIS       1,365        

SECTION shall extend, as necessary, into the school year           1,366        

following the school year in which the incident that gives rise    1,368        

to the expulsion takes place.  As used in this division,           1,369        

"firearm" has the same meaning as provided pursuant to the         1,370        

"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.           1,371        

8001(a)(2).                                                        1,372        

      (3)  The board of education of a city, exempted village, or  1,375        

local school district may adopt a resolution authorizing the       1,376        

superintendent of schools to expel a pupil from school for a       1,377        

period not to exceed one year for bringing a knife to a school     1,378        

                                                          32     


                                                                 
operated by the board or, onto any other property owned or         1,379        

controlled by the board, OR TO AN INTERSCHOLASTIC COMPETITION, AN  1,380        

EXTRACURRICULAR EVENT, OR ANY OTHER PROGRAM OR ACTIVITY SPONSORED  1,381        

BY THE SCHOOL DISTRICT OR IN WHICH THE DISTRICT IS A PARTICIPANT,  1,382        

or for possessing a firearm or knife at a school or, on any other  1,384        

property owned or controlled by the board, OR AT AN                1,386        

INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY                   

OTHER SCHOOL PROGRAM OR ACTIVITY, which firearm or knife was       1,388        

initially brought onto school board property by another person.    1,389        

The resolution may authorize the superintendent to extend such an  1,390        

expulsion, as necessary, into the school year following the        1,391        

school year in which the incident that gives rise to the           1,392        

expulsion takes place.                                                          

      (4)  THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, OR  1,395        

LOCAL SCHOOL DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A        1,396        

POLICY UNDER SECTION 3313.661 OF THE REVISED CODE THAT AUTHORIZES  1,397        

THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM SCHOOL FOR A   1,399        

PERIOD NOT TO EXCEED ONE YEAR FOR COMMITTING AN ACT THAT IS A      1,400        

CRIMINAL OFFENSE WHEN COMMITTED BY AN ADULT AND THAT RESULTS IN    1,401        

SERIOUS PHYSICAL HARM TO PERSONS AS DEFINED IN DIVISION (A)(5) OF  1,402        

SECTION 2901.01 OF THE REVISED CODE OR SERIOUS PHYSICAL HARM TO    1,405        

PROPERTY AS DEFINED IN DIVISION (A)(6) OF SECTION 2901.01 OF THE   1,407        

REVISED CODE WHILE THE PUPIL IS AT SCHOOL, ON ANY OTHER PROPERTY   1,409        

OWNED OR CONTROLLED BY THE BOARD, OR AT AN INTERSCHOLASTIC         1,411        

COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY OTHER SCHOOL         1,412        

PROGRAM OR ACTIVITY.  ANY EXPULSION UNDER THIS DIVISION SHALL      1,413        

EXTEND, AS NECESSARY, INTO THE SCHOOL YEAR FOLLOWING THE SCHOOL    1,415        

YEAR IN WHICH THE INCIDENT THAT GIVES RISE TO THE EXPULSION TAKES  1,416        

PLACE.                                                                          

      (5)  No pupil shall be expelled under division (B)(1), (2),  1,418        

or (3), OR (4) of this section unless, prior to his THE PUPIL'S    1,420        

expulsion, the superintendent does both of the following:          1,421        

      (a)  Gives the pupil and his THE PUPIL'S parent, guardian,   1,423        

or custodian written notice of the intention to expel the pupil;   1,425        

                                                          33     


                                                                 
      (b)  Provides the pupil and his THE PUPIL'S parent,          1,427        

guardian, custodian, or representative an opportunity to appear    1,428        

in person before the superintendent or his THE SUPERINTENDENT'S    1,429        

designee to challenge the reasons for the intended expulsion or    1,430        

otherwise to explain the pupil's actions.                          1,431        

      The notice required in this division shall include the       1,433        

reasons for the intended expulsion, notification of the            1,434        

opportunity of the pupil and his THE PUPIL'S parent, guardian,     1,435        

custodian, or representative to appear before the superintendent   1,437        

or his THE SUPERINTENDENT'S designee to challenge the reasons for  1,438        

the intended expulsion or otherwise to explain the pupil's         1,440        

action, and notification of the time and place to appear.  The     1,441        

time to appear shall not be earlier than three nor later than      1,442        

five school days after the notice is given, unless the             1,443        

superintendent grants an extension of time at the request of the   1,444        

pupil or his THE PUPIL'S parent, guardian, custodian, or           1,445        

representative.  If an extension is granted after giving the       1,446        

original notice, the superintendent shall notify the pupil and     1,447        

his THE PUPIL'S parent, guardian, custodian, or representative of  1,448        

the new time and place to appear.  If the proposed expulsion is    1,449        

based on a violation listed in division (A) of section 3313.662    1,450        

of the Revised Code and if the pupil is sixteen years of age or    1,451        

older, the notice shall include a statement that the               1,452        

superintendent may seek to permanently exclude the pupil if he     1,453        

THE PUPIL is convicted of or adjudicated a delinquent child for    1,454        

that violation.                                                    1,455        

      (6)  A SUPERINTENDENT OF SCHOOLS OF A CITY, EXEMPTED         1,457        

VILLAGE, OR LOCAL SCHOOL DISTRICT SHALL INITIATE EXPULSION         1,458        

PROCEEDINGS PURSUANT TO THIS SECTION WITH RESPECT TO ANY PUPIL     1,459        

WHO HAS COMMITTED AN ACT WARRANTING EXPULSION UNDER THE            1,460        

DISTRICT'S POLICY REGARDING EXPULSION EVEN IF THE PUPIL HAS        1,461        

WITHDRAWN FROM SCHOOL FOR ANY REASON AFTER THE INCIDENT THAT       1,462        

GIVES RISE TO THE HEARING BUT PRIOR TO THE HEARING OR DECISION TO  1,463        

IMPOSE THE EXPULSION.  IF, FOLLOWING THE HEARING, THE PUPIL WOULD  1,464        

                                                          34     


                                                                 
HAVE BEEN EXPELLED FOR A PERIOD OF TIME HAD THE PUPIL STILL BEEN   1,465        

ENROLLED IN THE SCHOOL, THE EXPULSION SHALL BE IMPOSED FOR THE     1,467        

SAME LENGTH OF TIME AS ON A PUPIL WHO HAS NOT WITHDRAWN FROM THE                

SCHOOL.                                                            1,468        

      (C)  If a pupil's presence poses a continuing danger to      1,470        

persons or property or an ongoing threat of disrupting the         1,471        

academic process taking place either within a classroom or         1,472        

elsewhere on the school premises, the superintendent or a          1,473        

principal or assistant principal may remove a pupil from           1,474        

curricular or extracurricular activities or from the school        1,475        

premises, and a teacher may remove a pupil from curricular or      1,476        

extracurricular activities under his THE TEACHER'S supervision,    1,478        

without the notice and hearing requirements of division (A) or     1,479        

(B) of this section.  As soon as practicable after making such a   1,480        

removal, the teacher shall submit in writing to the principal the  1,481        

reasons for such removal.                                          1,482        

      If a pupil is removed under this division from a curricular  1,484        

or extracurricular activity or from the school premises, written   1,485        

notice of the hearing and of the reason for the removal shall be   1,486        

given to the pupil as soon as practicable prior to the hearing,    1,487        

which shall be held within three school days from the time the     1,488        

initial removal is ordered.  The hearing shall be held in          1,489        

accordance with division (A) of this section unless it is          1,490        

probable that the pupil may be subject to expulsion, in which      1,491        

case a hearing in accordance with division (B) of this section     1,492        

shall be held, except that the hearing shall be held within three  1,493        

school days of the initial removal.  The individual who ordered,   1,494        

caused, or requested the removal to be made shall be present at    1,495        

the hearing.                                                       1,496        

      If the superintendent or the principal reinstates a pupil    1,498        

in a curricular or extracurricular activity under the teacher's    1,499        

supervision prior to the hearing following a removal under this    1,500        

division, the teacher, upon request, shall be given in writing     1,501        

the reasons for such reinstatement.                                1,502        

                                                          35     


                                                                 
      (D)  The superintendent or principal, within one school day  1,504        

after the time of a pupil's expulsion or suspension, shall notify  1,505        

in writing the parent, guardian, or custodian of the pupil and     1,506        

the treasurer of the board of education of the expulsion or        1,507        

suspension.  The notice shall include the reasons for the          1,508        

expulsion or suspension, notification of the right of the pupil    1,509        

or his THE PUPIL'S parent, guardian, or custodian to appeal the    1,510        

expulsion or suspension to the board of education or to its        1,511        

designee, to be represented in all appeal proceedings, to be       1,512        

granted a hearing before the board or its designee in order to be  1,513        

heard against the suspension or expulsion, and to request that     1,514        

the hearing be held in executive session, notification that the    1,515        

expulsion may be subject to extension pursuant to division (F) of  1,516        

this section if the pupil is sixteen years of age or older, and    1,517        

notification that the superintendent may seek the pupil's          1,518        

permanent exclusion if the suspension or expulsion was based on a  1,519        

violation listed in division (A) of section 3313.662 of the        1,520        

Revised Code that was committed when the child was sixteen years   1,521        

of age or older and if the pupil is convicted of or adjudicated a  1,522        

delinquent child for that violation.                               1,523        

      Any superintendent expelling a pupil under this section for  1,525        

more than twenty school days or for any period of time if the      1,526        

expulsion will extend into the following semester or school year   1,527        

shall, in the notice required under this division, provide the     1,528        

pupil and his THE PUPIL'S parent, guardian, or custodian with      1,529        

information about services or programs offered by public and       1,531        

private agencies that work toward improving those aspects of the   1,532        

pupil's attitudes and behavior that contributed to the incident    1,533        

that gave rise to the pupil's expulsion.  The information shall    1,534        

include the names, addresses, and phone numbers of the             1,535        

appropriate public and private agencies.                           1,536        

      (E)  A pupil or his THE PUPIL'S parent, guardian, or         1,538        

custodian may appeal his THE PUPIL'S expulsion or suspension by a  1,539        

superintendent or principal to the board of education or to its    1,541        

                                                          36     


                                                                 
designee.  The pupil or his THE PUPIL'S parent, guardian, or       1,542        

custodian may be represented in all appeal proceedings and shall   1,544        

be granted a hearing before the board or its designee in order to  1,545        

be heard against the suspension or expulsion.  At the request of   1,546        

the pupil or of his THE PUPIL'S parent, guardian, custodian, or    1,547        

attorney, the board or its designee may hold the hearing in        1,548        

executive session but shall act upon the suspension or expulsion   1,549        

only at a public meeting.  The board, by a majority vote of its    1,550        

full membership or by the action of its designee, may affirm the   1,551        

order of suspension or expulsion, reinstate the pupil, or          1,552        

otherwise reverse, vacate, or modify the order of suspension or    1,553        

expulsion.                                                                      

      The board or its designee shall make a verbatim record of    1,555        

hearings held under this division.  The decisions of the board or  1,556        

its designee may be appealed under Chapter 2506. of the Revised    1,557        

Code.                                                              1,558        

      This section shall not be construed to require notice and    1,560        

hearing in accordance with division (A), (B), or (C) of this       1,561        

section in the case of normal disciplinary procedures in which a   1,562        

pupil is removed from a curricular or extracurricular activity     1,563        

for a period of less than one school day and is not subject to     1,564        

suspension or expulsion.                                           1,565        

      (F)(1)  If a pupil is expelled pursuant to division (B) of   1,567        

this section for committing any violation listed in division (A)   1,568        

of section 3313.662 of the Revised Code and he THE PUPIL was       1,569        

sixteen years of age or older at the time he committed OF          1,570        

COMMITTING the violation, if a complaint is filed pursuant to      1,571        

section 2151.27 of the Revised Code alleging that the pupil is a   1,573        

delinquent child based upon the commission of the violation or     1,574        

the pupil is prosecuted as an adult for the commission of the      1,575        

violation, and if the resultant juvenile court or criminal         1,576        

proceeding is pending at the time that the expulsion terminates,   1,577        

the superintendent of schools that expelled the pupil may file a   1,578        

motion with the court in which the proceeding is pending           1,579        

                                                          37     


                                                                 
requesting an order extending the expulsion for the lesser of an   1,580        

additional eighty days or the number of school days remaining in   1,581        

the school year.  Upon the filing of the motion, the court         1,582        

immediately shall schedule a hearing and give written notice of    1,583        

the time, date, and location of the hearing to the superintendent  1,584        

and to the pupil and his THE PUPIL'S parent, guardian, or          1,585        

custodian.  At the hearing, the court shall determine whether      1,586        

there is reasonable cause to believe that the pupil committed the  1,587        

alleged violation that is the basis of the expulsion and, upon     1,588        

determining that reasonable cause to believe he THE PUPIL          1,589        

committed the violation does exist, shall grant the requested      1,590        

extension.                                                                      

      (2)  If a pupil has been convicted of or adjudicated a       1,592        

delinquent child for a violation listed in division (A) of         1,593        

section 3313.662 of the Revised Code for an act that was           1,594        

committed when the child was sixteen years of age or older, if     1,595        

the pupil has been expelled pursuant to division (B) of this       1,596        

section for that violation, and if the board of education of the   1,597        

school district of the school from which he THE PUPIL was          1,598        

expelled has adopted a resolution seeking his THE PUPIL'S          1,599        

permanent exclusion, the superintendent may file a motion with     1,600        

the court that convicted the pupil or adjudicated the pupil a      1,602        

delinquent child requesting an order to extend the expulsion       1,603        

until an adjudication order or other determination regarding       1,604        

permanent exclusion is issued by the superintendent of public      1,605        

instruction pursuant to section 3301.121 and division (D) of       1,606        

section 3313.662 of the Revised Code.  Upon the filing of the      1,607        

motion, the court immediately shall schedule a hearing and give    1,608        

written notice of the time, date, and location of the hearing to   1,609        

the superintendent of the school district, the pupil, and his THE  1,610        

PUPIL'S parent, guardian, or custodian.  At the hearing, the       1,611        

court shall determine whether there is reasonable cause to         1,612        

believe the pupil's continued attendance in the public school      1,613        

system may endanger the health and safety of other pupils or       1,614        

                                                          38     


                                                                 
school employees and, upon making that determination, shall grant  1,615        

the requested extension.                                                        

      (G)  The failure of the superintendent or the board of       1,617        

education to provide the information regarding the possibility of  1,618        

permanent exclusion in the notice required by divisions (A), (B),  1,619        

and (D) of this section is not jurisdictional, and the failure     1,620        

shall not affect the validity of any suspension or expulsion       1,621        

procedure that is conducted in accordance with this section or     1,622        

the validity of a permanent exclusion procedure that is conducted  1,623        

in accordance with sections 3301.121 and 3313.662 of the Revised   1,624        

Code.                                                              1,625        

      (H)  With regard to suspensions and expulsions pursuant to   1,627        

divisions (A) and (B) of this section by the board of education    1,628        

of any city, exempted village, or local school district, this      1,629        

section shall apply to any student, whether or not the student is  1,630        

enrolled in the district, attending or otherwise participating in  1,631        

any curricular program provided in a school operated by the board  1,632        

or provided on any other property owned or controlled by the       1,633        

board.                                                             1,634        

      (I)  Whenever a student is expelled under this section, the  1,636        

expulsion shall result in removal of the student from the          1,637        

student's regular school setting.  However, during the period of   1,638        

the expulsion, the board of education of the school district that  1,639        

expelled the student or any board of education admitting the       1,640        

student during that expulsion period may provide educational                    

services to the student in an alternative setting.                 1,641        

      (J)(1)  Notwithstanding section 3313.64 or 3313.65 of the    1,643        

Revised Code, any school district, after offering an opportunity   1,646        

for a hearing, may temporarily deny admittance to any pupil if     1,647        

the ONE OF THE FOLLOWING APPLIES:                                               

      (a)  THE PUPIL HAS BEEN SUSPENDED FROM THE SCHOOLS OF        1,649        

ANOTHER DISTRICT UNDER DIVISION (A) OF THIS SECTION AND THE        1,650        

PERIOD OF SUSPENSION, AS ESTABLISHED UNDER THAT DIVISION, HAS NOT  1,651        

EXPIRED;                                                                        

                                                          39     


                                                                 
      (b)  THE pupil has been expelled from the schools of         1,653        

another district under division (B) of this section and the        1,654        

period of the expulsion, as established under that division or as  1,655        

extended under division (F) of this section, has not expired.  If  1,656        

      IF a pupil is temporarily denied admission under this        1,659        

division, the pupil shall be admitted to school in accordance      1,660        

with section 3313.64 or 3313.65 of the Revised Code no later than               

upon expiration of such THE SUSPENSION OR expulsion period, AS     1,662        

APPLICABLE.                                                        1,663        

      (2)  Notwithstanding section 3313.64 or 3313.65 of the       1,665        

Revised Code, any school district, after offering an opportunity   1,667        

for a hearing, may temporarily deny admittance to any pupil if     1,668        

the pupil has been expelled or otherwise removed for disciplinary  1,669        

purposes from a public school in another state and the period of   1,670        

expulsion or removal has not expired.  If a pupil is temporarily   1,671        

denied admission under this division, the pupil shall be admitted               

to school in accordance with section 3313.64 or 3313.65 of the     1,672        

Revised Code no later than the earlier of the following:           1,674        

      (a)  Upon expiration of the expulsion or removal period      1,676        

imposed by the out-of-state school;                                1,677        

      (b)  Upon expiration of a period established by the          1,679        

district, beginning with the date of expulsion or removal from     1,680        

the out-of-state school, that is no greater than the period of     1,681        

expulsion that the pupil would have received under the policy      1,682        

adopted by the district under section 3313.661 of the Revised      1,683        

Code had the offense that gave rise to the expulsion or removal    1,685        

by the out-of-state school been committed while the pupil was      1,686        

enrolled in the district.                                                       

      (K)  As used in this section, "permanently:                  1,688        

      (1)  "PERMANENTLY exclude" and "permanent exclusion" have    1,691        

the same meanings as in section 3313.662 of the Revised Code.      1,692        

      (2)  "IN-SCHOOL SUSPENSION" MEANS THE PUPIL WILL SERVE ALL   1,694        

OF THE SUSPENSION IN A SCHOOL SETTING.                             1,695        

      Sec. 3313.661.  (A)  The board of education of each city,    1,704        

                                                          40     


                                                                 
exempted village, and local school district shall adopt a policy   1,706        

regarding suspension, expulsion, removal, and permanent exclusion  1,707        

that specifies the types of misconduct for which a pupil may be    1,708        

suspended, expelled, or removed.  THE TYPES OF MISCONDUCT MAY                   

INCLUDE MISCONDUCT BY A PUPIL THAT OCCURS OFF OF PROPERTY OWNED    1,709        

OR CONTROLLED BY THE DISTRICT BUT THAT IS CONNECTED TO ACTIVITIES  1,710        

OR INCIDENTS THAT HAVE OCCURRED ON PROPERTY OWNED OR CONTROLLED    1,711        

BY THAT DISTRICT AND MISCONDUCT BY A PUPIL THAT, REGARDLESS OF     1,712        

WHERE IT OCCURS, IS DIRECTED AT A DISTRICT OFFICIAL OR EMPLOYEE,   1,713        

OR THE PROPERTY OF SUCH OFFICIAL OR EMPLOYEE.  The policy shall    1,714        

specify the reasons for which the superintendent of the district   1,715        

may reduce the expulsion requirement in division (B)(2) of         1,716        

section 3313.66 of the Revised Code.  If a board of education      1,718        

adopts a resolution pursuant to division (B)(3) of section         1,719        

3313.66 of the Revised Code, the policy shall define the term      1,720        

"knife" or "firearm," as applicable, for purposes of expulsion     1,721        

under that resolution and shall specify any reasons for which the  1,722        

superintendent of the district may reduce any required expulsion   1,723        

period on a case-by-case basis.  IF A BOARD OF EDUCATION ADOPTS A  1,724        

RESOLUTION PURSUANT TO DIVISION (B)(4) OF SECTION 3313.66 OF THE   1,725        

REVISED CODE, THE POLICY SHALL SPECIFY ANY REASONS FOR WHICH THE   1,726        

SUPERINTENDENT OF THE DISTRICT MAY REDUCE ANY REQUIRED EXPULSION   1,727        

PERIOD ON A CASE-BY-CASE BASIS.  The policy also shall set forth   1,729        

the acts listed in section 3313.662 of the Revised Code for which  1,730        

a pupil may be permanently excluded.                                            

      A copy of the policy shall be posted in a central location   1,732        

in the school and made available to pupils upon request.  No       1,733        

pupil shall be suspended, expelled, or removed except in           1,734        

accordance with the policy adopted by the board of education of    1,735        

the school district in which the pupil attends school, and no      1,736        

pupil shall be permanently excluded except in accordance with      1,737        

sections 3301.121 and 3313.662 of the Revised Code.                1,738        

      (B)  A board of education may establish a program and adopt  1,740        

guidelines under which a superintendent may require a pupil to     1,741        

                                                          41     


                                                                 
perform community service in conjunction with a suspension or      1,743        

expulsion imposed under section 3313.66 of the Revised Code or in  1,744        

place of a suspension or expulsion imposed under section 3313.66   1,745        

of the Revised Code except for an expulsion imposed pursuant to    1,746        

division (B)(2) of that section.  If a board adopts guidelines     1,747        

under this division, they shall permit, except with regard to an   1,749        

expulsion pursuant to division (B)(2) of section 3313.66 of the    1,750        

Revised Code, a superintendent to impose a community service       1,751        

requirement beyond the end of the school year in lieu of applying  1,752        

the suspension or expulsion into the following school year.  Any   1,753        

guidelines adopted shall be included in the policy adopted under   1,754        

this section.                                                      1,755        

      (C)  The written policy of each board of education that is   1,757        

adopted pursuant to section 3313.20 of the Revised Code shall be   1,758        

posted in a central location in each school that is subject to     1,759        

the policy and shall be made available to pupils upon request.     1,760        

      (D)  Any policy, program, or guideline adopted by a board    1,762        

of education under this section with regard to suspensions or      1,763        

expulsions pursuant to divisions (A) or (B) of section 3313.66 of  1,764        

the Revised Code shall apply to any student, whether or not the    1,765        

student is enrolled in the district, attending or otherwise        1,766        

participating in any curricular program provided in a school       1,767        

operated by the board or provided on any other property owned or   1,768        

controlled by the board.                                           1,769        

      (E)  As used in this section, "permanently exclude" and      1,771        

"permanent exclusion" have the same meanings as in section         1,772        

3313.662 of the Revised Code.                                      1,773        

      Sec. 3313.664.  The board of education of a city, exempted   1,782        

village, local, joint vocational, or cooperative education school  1,783        

district may adopt a policy authorizing the district               1,784        

superintendent or, other district administrative personnel, OR     1,786        

PERSONNEL EMPLOYED BY THE DISTRICT TO DIRECT, SUPERVISE, OR COACH  1,787        

A PUPIL ACTIVITY PROGRAM as provided in the policy to suspend      1,788        

PROHIBIT a student from PARTICIPATING IN any particular or all     1,791        

                                                          42     


                                                                 
extracurricular activities of the district or a school of the                   

district for a period of time as provided in the policy.  If a     1,792        

board of education adopts a policy under this section, the board   1,793        

shall post the policy in a central location in each school         1,794        

building of the district and make it available to students upon    1,796        

request.                                                                        

      Sec. 3318.031.  THE OHIO SCHOOL FACILITIES COMMISSION SHALL  1,799        

CONSIDER STUDENT AND STAFF SAFETY WHEN REVIEWING DESIGN PLANS FOR  1,800        

CLASSROOM FACILITY CONSTRUCTION PROJECTS PROPOSED UNDER THIS       1,802        

CHAPTER.  AFTER CONSULTING WITH APPROPRIATE EDUCATION AND LAW      1,803        

ENFORCEMENT PERSONNEL, THE COMMISSION MAY REQUIRE AS A CONDITION   1,804        

OF PROJECT APPROVAL UNDER SECTION 3318.03 OF THE REVISED CODE      1,806        

SUCH CHANGES IN THE DESIGN PLANS AS THE COMMISSION BELIEVES WILL   1,807        

ADVANCE OR IMPROVE STUDENT AND STAFF SAFETY IN THE PROPOSED        1,808        

CLASSROOM FACILITY.                                                             

      TO CARRY OUT ITS DUTIES UNDER THIS SECTION, THE COMMISSION   1,810        

SHALL REVIEW AND, IF NECESSARY, AMEND ANY CONSTRUCTION AND DESIGN  1,811        

STANDARDS USED IN ITS PROJECT APPROVAL PROCESS, INCLUDING          1,812        

STANDARDS FOR LOCATION AND NUMBER OF EXITS AND LOCATION OF         1,813        

RESTROOMS, WITH A FOCUS ON ADVANCING STUDENT AND STAFF SAFETY.     1,814        

      Sec. 3321.13.  (A)  Whenever any child of compulsory school  1,823        

age withdraws from school the teacher of that child shall          1,824        

ascertain the reason for withdrawal.  The fact of the withdrawal   1,825        

and the reason for it shall be immediately transmitted by the      1,826        

teacher to the superintendent of schools of the city or exempted   1,827        

village school district or the educational service center as the   1,829        

case may be.  If the child who has withdrawn from school has done  1,830        

so because of change of residence, the next residence shall be     1,831        

ascertained and shall be included in the notice thus transmitted.  1,832        

The superintendent shall thereupon forward a card showing the      1,833        

essential facts regarding the child and stating the place of the   1,834        

child's new residence to the superintendent of schools of the      1,836        

district to which the child has moved.                             1,837        

      The superintendent of public instruction may prescribe the   1,839        

                                                          43     


                                                                 
forms to be used in the operation of this division.                1,840        

      (B)(1)  Upon receipt of information that a child of          1,842        

compulsory school age has withdrawn from school for a reason       1,843        

other than because of change of residence and is not enrolled in   1,844        

and attending in accordance with school policy an approved         1,845        

program to obtain a diploma or its equivalent, the superintendent  1,846        

shall notify the registrar of motor vehicles and the juvenile      1,848        

judge of the county in which the district is located of the        1,849        

withdrawal and failure to enroll in and attend an approved         1,850        

program to obtain a diploma or its equivalent.  A notification to  1,851        

the registrar required by this division shall be given in the      1,852        

manner the registrar by rule requires and a notification to the    1,853        

juvenile judge required by this division shall be given in         1,854        

writing.  Each notification shall be given within two weeks after  1,855        

the withdrawal and failure to enroll in and attend an approved     1,856        

program or its equivalent.                                                      

      (2)  The board of education of a school district may adopt   1,858        

a resolution providing that the provisions of division (B)(2) of   1,859        

this section apply within the district.  The provisions of         1,860        

division (B)(2) of this section do not apply within any school     1,861        

district, and no superintendent of a school district shall send a  1,862        

notification of the type described in division (B)(2) of this      1,863        

section to the registrar of motor vehicles or the juvenile judge   1,864        

of the county in which the district is located, unless the board   1,865        

of education of the district has adopted such a resolution.  If    1,866        

the board of education of a school district adopts a resolution    1,867        

providing that the provisions of division (B)(2) of this section   1,868        

apply within the district, and if the superintendent of schools    1,869        

of that district receives information that, during any semester    1,870        

or term, a child of compulsory school age has been absent without  1,871        

legitimate excuse from the school he THE CHILD is supposed to      1,872        

attend for more than ten consecutive school days or for at least   1,873        

fifteen total school days, the superintendent shall notify the     1,874        

child and the child's parent, guardian, or custodian, in writing,  1,875        

                                                          44     


                                                                 
that the information has been provided to the superintendent,      1,876        

that as a result of that information the child's temporary         1,878        

instruction permit or driver's license will be suspended or the    1,879        

opportunity to obtain such a permit or license will be denied,     1,880        

and that the child and the child's parent, guardian, or custodian  1,882        

may appear in person at a scheduled date, time, and place before   1,883        

the superintendent or a designee to challenge the information      1,884        

provided to the superintendent.                                    1,885        

      The notification to the child and the child's parent,        1,887        

guardian, or custodian required by division (B)(2) of this         1,888        

section shall set forth the information received by the            1,889        

superintendent and shall inform the child and the child's parent,  1,890        

guardian, or custodian of the scheduled date, time, and place of   1,892        

the appearance that they may have before the superintendent or a   1,893        

designee.  The date scheduled for the appearance shall be no       1,894        

earlier than three and no later than five days after the           1,895        

notification is given, provided that an extension may be granted   1,896        

upon request of the child or the child's parent, guardian, or      1,898        

custodian.  If an extension is granted, the superintendent shall   1,899        

schedule a new date, time, and place for the appearance and shall  1,900        

inform the child and the child's parent, guardian, or custodian    1,902        

of the new date, time, and place.                                               

      If the child and the child's parent, guardian, or custodian  1,904        

do not appear before the superintendent or a designee on the       1,905        

scheduled date and at the scheduled time and place, or if the      1,906        

child and the child's parent, guardian, or custodian appear        1,908        

before the superintendent or a designee on the scheduled date and  1,909        

at the scheduled time and place but the superintendent or a        1,910        

designee determines that the information the superintendent        1,911        

received indicating that, during the semester or term, the child   1,912        

had been absent without legitimate excuse from the school the      1,913        

child was supposed to attend for more than ten consecutive school  1,915        

days or for at least fifteen total school days, the                1,916        

superintendent shall notify the registrar of motor vehicles and    1,917        

                                                          45     


                                                                 
the juvenile judge of the county in which the district is located  1,918        

that the child has been absent for that period of time and that    1,919        

the child does not have any legitimate excuse for the habitual     1,920        

absence.  A notification to the registrar required by this         1,921        

division shall be given in the manner the registrar by rule        1,922        

requires and a notification to the juvenile judge required by      1,923        

this division shall be given in writing.  Each notification shall  1,924        

be given within two weeks after the receipt of the information of  1,925        

the habitual absence from school without legitimate excuse, or,    1,926        

if the child and the child's parent, guardian, or custodian        1,927        

appear before the superintendent or a designee to challenge the    1,928        

information, within two weeks after the appearance.                1,929        

      For purposes of division (B)(2) of this section, a           1,931        

legitimate excuse for absence from school includes, but is not     1,932        

limited to, the fact that the child in question has enrolled in    1,933        

another school or school district in this or another state, the    1,934        

fact that the child in question was excused from attendance for    1,935        

any of the reasons specified in section 3321.04 of the Revised     1,936        

Code, or the fact that the child in question has received an age   1,937        

and schooling certificate in accordance with section 3331.01 of    1,938        

the Revised Code.                                                  1,939        

      (3)  Whenever a pupil is suspended or expelled from school   1,941        

pursuant to section 3313.66 of the Revised Code and the reason     1,942        

for the suspension or expulsion is the use or possession of        1,943        

alcohol, a drug of abuse, or alcohol and a drug of abuse, the      1,944        

superintendent of schools of that district may notify the          1,945        

registrar and the juvenile judge of the county in which the        1,946        

district is located of such suspension or expulsion.  Any such     1,947        

notification of suspension or expulsion shall be given to the      1,948        

registrar, in the manner the registrar by rule requires and shall  1,949        

be given to the juvenile judge in writing.  The notifications      1,950        

shall be given within two weeks after the suspension or            1,951        

expulsion.                                                         1,952        

      (4)  WHENEVER A PUPIL IS SUSPENDED, EXPELLED, REMOVED, OR    1,955        

                                                          46     


                                                                 
PERMANENTLY EXCLUDED FROM A SCHOOL FOR MISCONDUCT INCLUDED IN A    1,956        

POLICY THAT THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE,    1,957        

OR LOCAL SCHOOL DISTRICT HAS ADOPTED UNDER DIVISION (A) OF         1,958        

SECTION 3313.661 OF THE REVISED CODE, AND THE MISCONDUCT INVOLVES               

A FIREARM OR A KNIFE OR OTHER WEAPON AS DEFINED IN THAT POLICY,    1,959        

THE SUPERINTENDENT OF SCHOOLS OF THAT DISTRICT SHALL NOTIFY THE    1,960        

REGISTRAR AND THE JUVENILE JUDGE OF THE COUNTY IN WHICH THE        1,962        

DISTRICT IS LOCATED OF THE SUSPENSION, EXPULSION, REMOVAL, OR      1,963        

PERMANENT EXCLUSION.  THE NOTIFICATION SHALL BE GIVEN TO THE       1,964        

REGISTRAR IN THE MANNER THE REGISTRAR, BY RULE, REQUIRES AND       1,965        

SHALL BE GIVEN TO THE JUVENILE JUDGE IN WRITING.  THE              1,966        

NOTIFICATIONS SHALL BE GIVEN WITHIN TWO WEEKS AFTER THE            1,967        

SUSPENSION, EXPULSION, REMOVAL, OR PERMANENT EXCLUSION.            1,968        

      (C)  A notification of withdrawal, habitual absence without  1,970        

legitimate excuse, suspension, or expulsion given to the           1,971        

registrar or a juvenile judge under division (B)(1), (2), or (3),  1,973        

OR (4) of this section shall contain the name, address, date of    1,974        

birth, school, and school district of the child.  If the           1,975        

superintendent finds, after giving a notification of withdrawal,   1,976        

habitual absence without legitimate excuse, suspension, or         1,977        

expulsion to the registrar and the juvenile judge under division   1,978        

(B)(1), (2), or (3),  OR (4) of this section, that the             1,979        

notification was given in error, the superintendent immediately    1,981        

shall notify the registrar and the juvenile judge of that fact.    1,982        

      Sec. 4507.061.  (A)  The registrar of motor vehicles shall   1,991        

record within ten days of receipt and keep at the main office of   1,992        

the bureau of motor vehicles all information provided to him THE   1,993        

REGISTRAR by the superintendent of a school district in            1,995        

accordance with division (B) of section 3321.13 of the Revised     1,996        

Code.                                                                           

      (B)  Whenever the registrar receives a notice under          1,998        

division (B) of section 3321.13 of the Revised Code, he THE        1,999        

REGISTRAR shall suspend the temporary instruction permit or        2,001        

driver's license of the person who is the subject of the notice    2,002        

                                                          47     


                                                                 
or, if the person has not been issued such a permit or license,    2,004        

the registrar shall deny to the person the issuance of a           2,005        

temporary instruction permit or driver's license.  The             2,007        

requirements of the second paragraph of section 119.06 of the      2,009        

Revised Code do not apply to a suspension of a person's temporary  2,010        

instruction permit or driver's license or a denial of a person's   2,012        

opportunity to obtain a temporary instruction permit or driver's   2,013        

license by the registrar under this division.                      2,014        

      (C)  Upon suspending the temporary instruction permit or     2,016        

driver's license of any person or denying any person the           2,017        

opportunity to be issued such a license or permit as provided in   2,018        

division (B) of this section, the registrar immediately shall      2,019        

notify the person in writing of the suspension or denial and       2,020        

inform him THE PERSON that he THE PERSON may petition for a        2,022        

hearing as provided in division (E) of this section.               2,023        

      (D)  Any person whose permit or license is suspended under   2,025        

this section shall mail or deliver his THE PERSON'S permit or      2,026        

license to the registrar of motor vehicles within twenty days of   2,028        

notification of the suspension; however, the person's permit or    2,030        

license and his THE PERSON'S driving privileges shall be           2,032        

suspended immediately upon receipt of the notification.  The       2,034        

registrar may retain the permit or license during the period of    2,035        

the suspension or he THE REGISTRAR may destroy it under section    2,037        

4507.54 of the Revised Code.  Any such suspension of a person's    2,038        

permit or license or denial of a person's opportunity to obtain a  2,039        

permit or license under this section shall remain in effect until  2,040        

the person attains eighteen years of age or until it is            2,042        

terminated prior to the child's attainment of that age pursuant    2,043        

to division (F) of this section.                                                

      (E)  Any person whose temporary instruction permit or        2,045        

driver's license has been suspended, or whose opportunity to       2,046        

obtain such a permit or license has been denied pursuant to this   2,047        

section, may file a petition in the juvenile court in whose        2,048        

jurisdiction the person resides alleging error in the action       2,049        

                                                          48     


                                                                 
taken by the registrar of motor vehicles under division (B) of     2,050        

this section or alleging one or more of the matters within the     2,051        

scope of the hearing, as described in this division, or both. The  2,053        

petitioner shall notify the registrar and the superintendent of    2,054        

the school district who gave the notice to the registrar and                    

juvenile judge under division (B) of section 3321.13 of the        2,055        

Revised Code of the filing of the petition and send them copies    2,056        

of the petition.  The scope of the hearing is limited to the       2,057        

issues of whether the notice given by the superintendent to the    2,058        

registrar was in error and whether the suspension or denial of     2,059        

driving privileges will result in substantial hardship to the      2,060        

petitioner.                                                        2,061        

      The registrar shall furnish the court a copy of the record   2,063        

created in accordance with division (A) of this section.  The      2,064        

registrar and the superintendent shall furnish the court with any  2,065        

other relevant information required by the court.                  2,066        

      In hearing the matter and determining whether the            2,068        

petitioner has shown that his THE PETITIONER'S temporary           2,069        

instruction permit or driver's license should not be suspended or  2,071        

that his THE PETITIONER'S opportunity to obtain such a permit or   2,073        

license should not be denied, the court shall decide the issue     2,074        

upon the information furnished by the registrar and the            2,075        

superintendent and any such additional evidence that the           2,076        

registrar, the superintendent, or the petitioner submits.          2,077        

      If the court finds from the evidence submitted that the      2,079        

petitioner has failed to show error in the action taken by the     2,080        

registrar under division (B) of this section and has failed to     2,081        

prove any of the matters within the scope of the hearing, then     2,082        

the court may assess the cost of the proceeding against the        2,083        

petitioner and shall uphold the suspension of his THE              2,084        

PETITIONER'S permit or license or the denial of his THE            2,086        

PETITIONER'S opportunity to obtain a permit or license.  If the    2,088        

court finds that the petitioner has shown error in the action      2,089        

taken by the registrar under division (B) of this section or has   2,090        

                                                          49     


                                                                 
proved one or more of the matters within the scope of the          2,091        

hearing, or both, the cost of the proceeding shall be paid out of  2,092        

the county treasury of the county in which the proceedings were    2,093        

held, and the suspension of the petitioner's permit or license or  2,094        

the denial of the person's opportunity to obtain a permit or       2,095        

license shall be terminated.                                                    

      (F)  The registrar shall cancel the record created under     2,097        

this section of any person who is the subject of a notice given    2,098        

under division (B) of section 3321.13 of the Revised Code and      2,099        

shall terminate the suspension of the person's permit or license   2,100        

or the denial of the person's opportunity to obtain a permit or    2,101        

license, if any of the following applies:                          2,102        

      (1)  The person is at least eighteen years of age.           2,104        

      (2)  The person provides evidence, as the registrar shall    2,106        

require by rule, of receipt of a high school diploma or a general  2,107        

educational development certificate of high school equivalence.    2,108        

      (3)  The superintendent of a school district informs the     2,110        

registrar that the notification of withdrawal, habitual absence    2,111        

without legitimate excuse, suspension, or expulsion concerning     2,112        

the person was in error.                                           2,113        

      (4)  The suspension or denial was imposed subsequent to a    2,115        

notification given under division (B)(3) OR (4) of section         2,116        

3321.13 of the Revised Code, and the superintendent of a school    2,117        

district informs the registrar that the person in question has     2,118        

satisfied any terms or conditions established by the school as     2,119        

necessary to terminate the suspension or denial of driving         2,120        

privileges.                                                                     

      (5)  The suspension or denial was imposed subsequent to a    2,122        

notification given under division (B)(1) of section 3321.13 of     2,123        

the Revised Code, and the superintendent of a school district      2,124        

informs the registrar that the person in question is now           2,125        

attending school or enrolled in and attending an approved program  2,126        

to obtain a diploma or its equivalent to the satisfaction of the   2,127        

school superintendent.                                             2,128        

                                                          50     


                                                                 
      (6)  The suspension or denial was imposed subsequent to a    2,130        

notification given under division (B)(2) of section 3321.13 of     2,131        

the Revised Code, the person has completed at least one semester   2,132        

or term of school after the one in which the notification was      2,133        

given, the person requests the superintendent of the school        2,134        

district to notify the registrar that the person no longer is      2,135        

habitually absent without legitimate excuse, the superintendent    2,136        

determines that the person has not been absent from school         2,137        

without legitimate excuse in the current semester or term, as      2,138        

determined under that division, for more than ten consecutive      2,139        

school days or for more than fifteen total school days, and the    2,140        

superintendent informs the registrar of that fact.  If a person    2,141        

described in division (F)(6) of this section requests the          2,142        

superintendent of the school district to notify the registrar      2,143        

that the person no longer is habitually absent without legitimate  2,145        

excuse and the superintendent makes the determination described    2,146        

in this division, the superintendent shall provide the             2,147        

information described in division (F)(6) of this section to the    2,149        

registrar within five days after receiving the request.                         

      (7)  The suspension or denial was imposed subsequent to a    2,151        

notification given under division (B)(2) of section 3321.13 of     2,152        

the Revised Code, and the superintendent of a school district      2,153        

informs the registrar that the person in question has received an  2,155        

age and schooling certificate in accordance with section 3331.01   2,156        

of the Revised Code.                                               2,157        

      (8)  The person filed a petition in court under division     2,159        

(E) of this section and the court found that the person showed     2,160        

error in the action taken by the registrar under division (B) of   2,161        

this section or proved one or more of the matters within the       2,162        

scope of the hearing on the petition, as set forth in division     2,163        

(E) of this section, or both.                                      2,164        

      At the end of the suspension period under this section and   2,166        

upon the request of the person whose temporary instruction permit  2,168        

or driver's license was suspended, the registrar shall return the  2,170        

                                                          51     


                                                                 
driver's license or permit to the person or reissue the person's   2,171        

license or permit under section 4507.54 of the Revised Code, if    2,172        

the registrar destroyed the suspended license or permit under      2,173        

that section.                                                      2,174        

      Section 2.  That existing sections 2901.01, 2903.13,         2,176        

2917.11, 2923.122, 2923.161, 2929.14, 3313.66, 3313.661,           2,178        

3313.664, 3321.13, and 4507.061 of the Revised Code are hereby     2,179        

repealed.                                                                       

      Section 3.  Section 2923.122 of the Revised Code is          2,181        

presented in this act as a composite of the section as amended by  2,182        

both Am. Sub. H.B. 72 and Am. Sub. H.B. 124 of the 121st General   2,183        

Assembly, with the new language of neither of the acts shown in    2,184        

capital letters.  This is in recognition of the principle stated   2,185        

in division (B) of section 1.52 of the Revised Code that such      2,186        

amendments are to be harmonized where not substantively            2,187        

irreconcilable and constitutes a legislative finding that such is  2,188        

the resulting version in effect prior to the effective date of     2,189        

this act.