As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 22 5
1999-2000 6
SENATOR JOHNSON 8
10
A B I L L
To amend sections 2323.59, 2929.01, 2929.13, 12
2929.16, 2929.18, 2929.23, 3793.10, 4503.233, 13
4507.164, 4511.19, 4511.191, 4511.99, and 14
5120.161 of the Revised Code to establish 15
stricter penalties for a person who commits state 16
OMVI and has a concentration of .17 of one per
cent or more by weight of alcohol in the person's 17
blood, a concentration of .17 of one gram or more 18
by weight of alcohol per 210 liters of the 19
person's breath, or a concentration of .238 of 20
one gram or more by weight of alcohol per 100
milliliters of the person's urine. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2323.59, 2929.01, 2929.13, 25
2929.16, 2929.18, 2929.23, 3793.10, 4503.233, 4507.164, 4511.19, 26
4511.191, 4511.99, and 5120.161 of the Revised Code be amended to 28
read as follows:
Sec. 2323.59. (A) As used in this section: 37
(1) "Harm" means injury, death, or loss to person or 40
property.
(2) "Tort action" means a civil action for damages for 43
injury, death, or loss to person or property. "Tort action" 44
includes a product liability claim but does not include a civil 45
action for damages for a breach of contract or another agreement 46
between persons. 47
(3) "Trier of fact" means the jury or, in a nonjury 50
2
action, the court.
(B) In a tort action involving a plaintiff who was 52
operating a motor vehicle at the time of the occurrence of the 53
harm for which the plaintiff seeks to recover damages, if a 54
defendant establishes by a preponderance of the evidence that the 56
plaintiff or the person for whom the plaintiff is legal
representative had an alcohol A concentration equal to or greater 58
than that specified in division (A)(2), (3), or (4) of section 59
4511.19 of the Revised Code OF TEN-HUNDREDTHS OF ONE PER CENT OR 61
MORE BY WEIGHT OF ALCOHOL IN THE PLAINTIFF'S OR PERSON'S BLOOD, A 62
CONCENTRATION OF TEN-HUNDREDTHS OF ONE GRAM OR MORE BY WEIGHT OF 63
ALCOHOL PER TWO HUNDRED TEN LITERS OF THE PLAINTIFF'S OR PERSON'S 64
BREATH, OR A CONCENTRATION OF FOURTEEN-HUNDREDTHS OF ONE GRAM OR 65
MORE BY WEIGHT OF ALCOHOL PER ONE HUNDRED MILLILITERS OF THE 66
PLAINTIFF'S OR PERSON'S URINE, was under the influence of a drug 68
of abuse, or had an alcohol concentration of that nature and was 69
under the influence of a drug of abuse, at the time of the
occurrence of the harm for which the plaintiff seeks to recover 70
damages, it shall be presumed that the alcohol, drug of abuse, or 71
alcohol and drug of abuse was the proximate cause of the harm for 72
which the plaintiff seeks to recover damages. This presumption 74
may be rebutted only by clear and convincing evidence that the 75
alcohol, drug of abuse, or alcohol and drug of abuse was not the 77
proximate cause of the harm for which the plaintiff seeks to
recover damages. 78
(C) The trier of fact in a tort action shall consider the 80
use of alcohol, a drug of abuse, or alcohol and a drug of abuse 82
by the plaintiff in determining contributory negligence or other 83
contributory tortious conduct and may diminish pursuant to 84
section 2315.19 or 2315.20 of the Revised Code a recovery of 86
compensatory damages in the tort action because of the
plaintiff's use of alcohol, a drug of abuse, or alcohol and a 87
drug of abuse. 88
Sec. 2929.01. As used in this chapter: 98
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(A)(1) "Alternative residential facility" means, subject 100
to division (A)(2) of this section, any facility other than an 101
offender's home or residence in which an offender is assigned to 102
live and that satisfies all of the following criteria: 103
(a) It provides programs through which the offender may 105
seek or maintain employment or may receive education, training, 106
treatment, or habilitation. 107
(b) It has received the appropriate license or certificate 109
for any specialized education, training, treatment, habilitation, 110
or other service that it provides from the government agency that 111
is responsible for licensing or certifying that type of 112
education, training, treatment, habilitation, or service. 113
(2) "Alternative residential facility" does not include a 116
community-based correctional facility, jail, halfway house, or 117
prison.
(B) "Bad time" means the time by which the parole board 119
administratively extends an offender's stated prison term or 120
terms pursuant to section 2967.11 of the Revised Code because the 121
parole board finds by clear and convincing evidence that the 122
offender, while serving the prison term or terms, committed an 123
act that is a criminal offense under the law of this state or the 124
United States, whether or not the offender is prosecuted for the 126
commission of that act.
(C) "Basic supervision" means a requirement that the 129
offender maintain contact with a person appointed to supervise 131
the offender in accordance with sanctions imposed by the court or 132
imposed by the parole board pursuant to section 2967.28 of the 133
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 135
"unit dose" have the same meanings as in section 2925.01 of the 136
Revised Code.
(E) "Community-based correctional facility" means a 139
community-based correctional facility and program or district 140
community-based correctional facility and program developed 141
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pursuant to sections 2301.51 to 2301.56 of the Revised Code. 142
(F) "Community control sanction" means a sanction that is 145
not a prison term and that is described in section 2929.15, 146
2929.16, 2929.17, or 2929.18 of the Revised Code. 147
(G) "Criminally injurious conduct" means any conduct of 150
the type that is described in division (C)(1) or (2) of section 151
2743.51 of the Revised Code and that occurs on or after July 1, 152
1996, or any activity that is described in divisions (C)(3) and 153
(R) of section 2743.51 of the Revised Code and that occurs on or 154
after the effective date of this amendment MARCH 10, 1998. 156
(H) "Controlled substance," "marihuana," "schedule I," and 158
"schedule II" have the same meanings as in section 3719.01 of the 160
Revised Code.
(I) "Curfew" means a requirement that an offender during a 163
specified period of time be at a designated place. 164
(J) "Day reporting" means a sanction pursuant to which an 167
offender is required each day to report to and leave a center or 168
other approved reporting location at specified times in order to 169
participate in work, education or training, treatment, and other 170
approved programs at the center or outside the center. 171
(K) "Deadly weapon" has the same meaning as in section 174
2923.11 of the Revised Code. 175
(L) "Drug and alcohol use monitoring" means a program 178
under which an offender agrees to submit to random chemical 179
analysis of the offender's blood, breath, or urine to determine 180
whether the offender has ingested any alcohol or other drugs. 181
(M) "Drug treatment program" means any program under which 184
a person undergoes assessment and treatment designed to reduce or 186
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 187
which the person may be required to receive assessment and 189
treatment on an outpatient basis or may be required to reside at 190
a facility other than the person's home or residence while
undergoing assessment and treatment. 191
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(N) "Economic loss" means any economic detriment suffered 194
by a victim as a result of criminally injurious conduct and 195
includes any loss of income due to lost time at work because of 196
any injury caused to the victim, and any property loss, medical 197
cost, or funeral expense incurred as a result of the criminally 198
injurious conduct.
(O) "Education or training" includes study at, or in 201
conjunction with a program offered by, a university, college, or 202
technical college or vocational study and also includes the 203
completion of primary school, secondary school, and literacy 204
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 207
meaning as in section 2929.23 of the Revised Code. 208
(Q) "Eligible offender" has the same meaning as in section 211
2929.23 of the Revised Code except as otherwise specified in 212
section 2929.20 of the Revised Code. 213
(R) "Firearm" has the same meaning as in section 2923.11 216
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 219
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 221
Revised Code as a suitable facility for the care and treatment of 222
adult offenders.
(T) "House arrest" means a period of confinement of an 224
eligible offender that is in the eligible offender's home or in 225
other premises specified by the sentencing court or by the parole 226
board pursuant to section 2967.28 of the Revised Code, that may 227
be electronically monitored house arrest, and during which all of 228
the following apply: 229
(1) The eligible offender is required to remain in the 231
eligible offender's home or other specified premises for the 233
specified period of confinement, except for periods of time 234
during which the eligible offender is at the eligible offender's 235
place of employment or at other premises as authorized by the 237
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sentencing court or by the parole board.
(2) The eligible offender is required to report 240
periodically to a person designated by the court or parole board. 241
(3) The eligible offender is subject to any other 243
restrictions and requirements that may be imposed by the 244
sentencing court or by the parole board. 245
(U) "Intensive supervision" means a requirement that an 248
offender maintain frequent contact with a person appointed by the 249
court, or by the parole board pursuant to section 2967.28 of the 250
Revised Code, to supervise the offender while the offender is 251
seeking or maintaining necessary employment and participating in 252
training, education, and treatment programs as required in the 253
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 256
or other residential facility used for the confinement of alleged 257
or convicted offenders that is operated by a political 258
subdivision or a combination of political subdivisions of this 259
state.
(W) "Delinquent child" has the same meaning as in section 261
2151.02 of the Revised Code. 262
(X) "License violation report" means a report that is made 265
by a sentencing court, or by the parole board pursuant to section 266
2967.28 of the Revised Code, to the regulatory or licensing board 268
or agency that issued an offender a professional license or a 269
license or permit to do business in this state and that specifies 270
that the offender has been convicted of or pleaded guilty to an 271
offense that may violate the conditions under which the 272
offender's professional license or license or permit to do 273
business in this state was granted or an offense for which the 274
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 275
(Y) "Major drug offender" means an offender who is 278
convicted of or pleads guilty to the possession of, sale of, or 279
offer to sell any drug, compound, mixture, preparation, or 280
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substance that consists of or contains at least one thousand 281
grams of hashish; at least one hundred grams of crack cocaine; at 282
least one thousand grams of cocaine that is not crack cocaine; at 283
least two hundred fifty grams of heroin; at least five thousand 284
unit doses of L.S.D.; or at least one hundred times the amount of 286
any other schedule I or II controlled substance other than 287
marihuana that is necessary to commit a felony of the third 288
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 289
2925.11 of the Revised Code that is based on the possession of, 290
sale of, or offer to sell the controlled substance. 291
(Z) "Mandatory prison term" means one any of the 293
following:
(1) Subject to division (DD)(Z)(2) of this section, the 296
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10) of 297
section 2929.13 and division (D) of section 2929.14 of the 298
Revised Code. Except as provided in sections 2925.02, 2925.03, 300
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 301
maximum or another specific term is required under section 302
2929.14 of the Revised Code, a mandatory prison term described in 303
this division may be any prison term authorized for the level of 304
offense.
(2) The term of sixty OR ONE HUNDRED TWENTY days in prison 306
that a sentencing court is required to impose for a fourth degree 307
felony OMVI offense pursuant to division (G)(2) of section 309
2929.13 and division (A)(4) OR (8) of section 4511.99 of the 310
Revised Code.
(3) The term in prison imposed pursuant to section 2971.03 312
of the Revised Code for the offenses and in the circumstances 313
described in division (F)(9) of section 2929.13 of the Revised 314
Code and that term as modified or terminated pursuant to section 316
2971.05 of the Revised Code.
(AA) "Monitored time" means a period of time during which 319
an offender continues to be under the control of the sentencing 320
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court or parole board, subject to no conditions other than 321
leading a law-abiding life.
(BB) "Offender" means a person who, in this state, is 324
convicted of or pleads guilty to a felony or a misdemeanor. 325
(CC) "Prison" means a residential facility used for the 328
confinement of convicted felony offenders that is under the 329
control of the department of rehabilitation and correction but 330
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 331
(DD) "Prison term" includes any of the following sanctions 333
for an offender:
(1) A stated prison term; 335
(2) A term in a prison shortened by, or with the approval 338
of, the sentencing court pursuant to section 2929.20, 2967.26, 339
5120.031, 5120.032, or 5120.073 of the Revised Code; 340
(3) A term in prison extended by bad time imposed pursuant 343
to section 2967.11 of the Revised Code or imposed for a violation 344
of post-release control pursuant to section 2967.28 of the 345
Revised Code.
(EE) "Repeat violent offender" means a person about whom 348
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 351
to, and is being sentenced for committing, for complicity in 352
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 353
other than one set forth in Chapter 2925. of the Revised Code, a 355
felony of the first degree set forth in Chapter 2925. of the 356
Revised Code that involved an attempt to cause serious physical 357
harm to a person or that resulted in serious physical harm to a 358
person, or a felony of the second degree that involved an attempt 359
to cause serious physical harm to a person or that resulted in 361
serious physical harm to a person.
(2) Either of the following applies: 363
(a) The person previously was convicted of or pleaded 365
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guilty to, and served a prison term for, any of the following: 366
(i) Aggravated murder, murder, involuntary manslaughter, 368
rape, felonious sexual penetration as it existed under section 370
2907.12 of the Revised Code as it existed prior to September 3,
1996, a felony of the first or second degree that resulted in the 371
death of a person or in physical harm to a person, or complicity 372
in or an attempt to commit any of those offenses; 373
(ii) An offense under an existing or former law of this 376
state, another state, or the United States that is or was 377
substantially equivalent to an offense listed under division 378
(EE)(2)(a)(i) of this section.
(b) The person previously was adjudicated a delinquent 380
child for committing an act that if committed by an adult would 381
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 383
this section, the person was committed to the department of youth 384
services for that delinquent act, and the juvenile court in which 385
the person was adjudicated a delinquent child made a specific 386
finding that the adjudication should be considered a conviction 388
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 389
(FF) "Sanction" means any penalty imposed upon an offender 392
who is convicted of or pleads guilty to an offense, as punishment 393
for the offense. "Sanction" includes any sanction imposed 394
pursuant to any provision of sections 2929.14 to 2929.18 of the 395
Revised Code.
(GG) "Sentence" means the sanction or combination of 398
sanctions imposed by the sentencing court on an offender who is 399
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 402
prison term, or combination of all prison terms and mandatory 403
prison terms imposed by the sentencing court pursuant to section 404
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 405
includes any credit received by the offender for time spent in 406
jail awaiting trial, sentencing, or transfer to prison for the 407
10
offense and any time spent under house arrest or electronically 408
monitored house arrest imposed after earning credits pursuant to 409
section 2967.193 of the Revised Code. 410
(II) "Victim-offender mediation" means a reconciliation or 413
mediation program that involves an offender and the victim of the 414
offense committed by the offender and that includes a meeting in 415
which the offender and the victim may discuss the offense, 416
discuss restitution, and consider other sanctions for the 417
offense.
(JJ) "Fourth degree felony OMVI offense" means a violation 420
of division (A) of section 4511.19 of the Revised Code that, 422
under section 4511.99 of the Revised Code, is a felony of the 424
fourth degree.
(KK) "Mandatory term of local incarceration" means the 427
term of sixty OR ONE HUNDRED TWENTY days in a jail, a 428
community-based correctional facility, a halfway house, or an 429
alternative residential facility that a sentencing court is 430
required to impose upon a person who is convicted of or pleads 431
guilty to a fourth degree felony OMVI offense pursuant to 432
division (G)(1) of section 2929.13 of the Revised Code and 433
division (A)(4) OR (8) of section 4511.99 of the Revised Code. 434
(LL) "Designated homicide, assault, or kidnapping 436
offense," "sexual motivation specification," "sexually violent 437
offense," "sexually violent predator," and "sexually violent 438
predator specification" have the same meanings as in section 439
2971.01 of the Revised Code.
(MM) "Habitual sex offender," "sexually oriented offense," 442
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 443
Sec. 2929.13. (A) Except as provided in division (E), 453
(F), or (G) of this section and unless a specific sanction is 454
required to be imposed or is precluded from being imposed 455
pursuant to law, a court that imposes a sentence upon an offender 456
for a felony may impose any sanction or combination of sanctions 457
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on the offender that are provided in sections 2929.14 to 2929.18 458
of the Revised Code. The sentence shall not impose an 459
unnecessary burden on state or local government resources. 460
If the offender is eligible to be sentenced to community 462
control sanctions, the court shall consider the appropriateness 464
of imposing a financial sanction pursuant to section 2929.18 of 465
the Revised Code or a sanction of community service pursuant to 467
section 2929.17 of the Revised Code as the sole sanction for the 468
offense. Except as otherwise provided in this division, if the 469
court is required to impose a mandatory prison term for the 470
offense for which sentence is being imposed, the court also may 471
impose a financial sanction pursuant to section 2929.18 of the 472
Revised Code but may not impose any additional sanction or 473
combination of sanctions under section 2929.16 or 2929.17 of the 474
Revised Code. 475
If the offender is being sentenced for a fourth degree 477
felony OMVI offense, in addition to the mandatory term of local 478
incarceration or the mandatory prison term required for the 480
offense by division (G)(1) or (2) of this section, the court 482
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 485
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 487
offender be sentenced to a mandatory term of local incarceration, 488
an additional community control sanction or combination of 490
community control sanctions under section 2929.16 or 2929.17 of 491
the Revised Code; 492
(2) If division (G)(2) of this section requires that the 494
offender be sentenced to a mandatory prison term, an additional 495
prison term as described in division (D)(4) of section 2929.14 of 496
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 499
(G) of this section, in sentencing an offender for a felony of 500
the fourth or fifth degree, the sentencing court shall determine
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whether any of the following apply: 502
(a) In committing the offense, the offender caused 504
physical harm to a person. 505
(b) In committing the offense, the offender attempted to 508
cause or made an actual threat of physical harm to a person with 509
a deadly weapon.
(c) In committing the offense, the offender attempted to 512
cause or made an actual threat of physical harm to a person, and 513
the offender previously was convicted of an offense that caused 514
physical harm to a person.
(d) The offender held a public office or position of trust 517
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 518
or to bring those committing it to justice; or the offender's 519
professional reputation or position facilitated the offense or 520
was likely to influence the future conduct of others. 521
(e) The offender committed the offense for hire or as part 523
of an organized criminal activity. 524
(f) The offense is a sex offense that is a fourth or fifth 527
degree felony violation of section 2907.03, 2907.04, 2907.05, 528
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 529
Revised Code.
(g) The offender previously served a prison term. 531
(h) The offender previously was subject to a community 533
control sanction, and the offender committed another offense 535
while under the sanction.
(2)(a) If the court makes a finding described in division 538
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 539
and if the court, after considering the factors set forth in 540
section 2929.12 of the Revised Code, finds that a prison term is 542
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 544
offender is not amenable to an available community control 545
sanction, the court shall impose a prison term upon the offender. 546
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(b) Except as provided in division (E), (F), or (G) of 548
this section, if the court does not make a finding described in 550
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 551
section and if the court, after considering the factors set forth 552
in section 2929.12 of the Revised Code, finds that a community 554
control sanction or combination of community control sanctions is 556
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 559
impose a community control sanction or combination of community 560
control sanctions upon the offender. 561
(C) Except as provided in division (E) or (F) of this 564
section, in determining whether to impose a prison term as a 565
sanction for a felony of the third degree or a felony drug 566
offense that is a violation of a provision of Chapter 2925. of 568
the Revised Code and that is specified as being subject to this 571
division for purposes of sentencing, the sentencing court shall 572
comply with the purposes and principles of sentencing under 573
section 2929.11 of the Revised Code and with section 2929.12 of 576
the Revised Code.
(D) Except as provided in division (E) or (F) of this 579
section, for a felony of the first or second degree and for a 580
felony drug offense that is a violation of any provision of 581
Chapter 2925., 3719., or 4729. of the Revised Code for which a 582
presumption in favor of a prison term is specified as being 583
applicable, it is presumed that a prison term is necessary in 584
order to comply with the purposes and principles of sentencing 585
under section 2929.11 of the Revised Code. Notwithstanding the 586
presumption established under this division, the sentencing court 587
may impose a community control sanction or a combination of 588
community control sanctions instead of a prison term on an 589
offender for a felony of the first or second degree or for a 590
felony drug offense that is a violation of any provision of 591
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 592
14
applicable if it makes both of the following findings: 594
(1) A community control sanction or a combination of 596
community control sanctions would adequately punish the offender 598
and protect the public from future crime, because the applicable 599
factors under section 2929.12 of the Revised Code indicating a 601
lesser likelihood of recidivism outweigh the applicable factors 603
under that section indicating a greater likelihood of recidivism. 605
(2) A community control sanction or a combination of 607
community control sanctions would not demean the seriousness of 609
the offense, because one or more factors under section 2929.12 of 610
the Revised Code that indicate that the offender's conduct was 611
less serious than conduct normally constituting the offense are 612
applicable, and they outweigh the applicable factors under that 613
section that indicate that the offender's conduct was more 614
serious than conduct normally constituting the offense. 615
(E)(1) Except as provided in division (F) of this section, 618
for any drug offense that is a violation of any provision of 619
Chapter 2925. of the Revised Code and that is a felony of the 620
third, fourth, or fifth degree, the applicability of a 621
presumption under division (D) of this section in favor of a 622
prison term or of division (B) or (C) of this section in 623
determining whether to impose a prison term for the offense shall 625
be determined as specified in section 2925.02, 2925.03, 2925.04, 626
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 627
2925.36, or 2925.37 of the Revised Code, whichever is applicable 630
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 632
to a felony drug offense in violation of a provision of Chapter 633
2925., 3719., or 4729. of the Revised Code violates the 634
conditions of a community control sanction imposed for the 635
offense solely by possessing or using a controlled substance and 637
if the offender has not failed to meet the conditions of any drug 638
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 639
15
punishment for the violation of the sanction, shall order that 640
the offender participate in a drug treatment program or in 641
alcoholics anonymous, narcotics anonymous, or a similar program 642
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 643
forth in section 2929.11 of the Revised Code. If the court 644
determines that an order of that nature would not be consistent 645
with those purposes and principles or if the offender violated 646
the conditions of a drug treatment program in which the offender 647
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 648
sanction, including a prison term. 649
(F) Notwithstanding divisions (A) to (E) of this section, 652
the court shall impose a prison term or terms under sections 653
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 654
Revised Code and except as specifically provided in section 655
2929.20 of the Revised Code or when parole is authorized for the 656
offense under section 2967.13 of the Revised Code, shall not 657
reduce the terms pursuant to section 2929.20, section 2967.193, 658
or any other provision of Chapter 2967. or Chapter 5120. of the 660
Revised Code for any of the following offenses: 661
(1) Aggravated murder when death is not imposed or murder; 663
(2) Any rape, regardless of whether force was involved and 665
regardless of the age of the victim, or an attempt to commit rape 666
by force when the victim is under thirteen years of age; 669
(3) Gross sexual imposition or sexual battery, if the 671
victim is under thirteen years of age, if the offender previously 673
was convicted of or pleaded guilty to rape, the former offense of 674
felonious sexual penetration, gross sexual imposition, or sexual 675
battery, and if the victim of the previous offense was under 677
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 680
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 681
16
(5) A first, second, or third degree felony drug offense 684
for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 685
4729.99 of the Revised Code, whichever is applicable regarding 687
the violation, requires the imposition of a mandatory prison 688
term;
(6) Any offense that is a first or second degree felony 690
and that is not set forth in division (F)(1), (2), (3), or (4) of 692
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 694
degree felony, or an offense under an existing or former law of 695
this state, another state, or the United States that is or was 696
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 698
of the Revised Code, that is a felony, if the offender had a 699
firearm on or about the offender's person or under the offender's 700
control while committing the felony, with respect to a portion of 701
the sentence imposed pursuant to division (D)(1)(a) of section 703
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 705
the Revised Code when the most serious offense in the pattern of 707
corrupt activity that is the basis of the offense is a felony of 708
the first degree;
(9) Any sexually violent offense for which the offender 710
also is convicted of or pleads guilty to a sexually violent 711
predator specification that was included in the indictment, count 712
in the indictment, or information charging the sexually violent 713
offense;
(10) A violation of division (A)(1) or (2) of section 715
2921.36 of the Revised Code, or a violation of division (C) of 716
that section involving an item listed in division (A)(1) or (2) 717
of that section, if the offender is an officer or employee of the 718
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 721
17
if an offender is being sentenced for a fourth degree felony OMVI 722
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 723
accordance with the following: 724
(1) Except as provided in division (G)(2) of this section, 726
the court shall impose upon the offender a mandatory term of 727
local incarceration of sixty days as specified in division (A)(4) 728
of section 4511.99 of the Revised Code and OR A MANDATORY TERM OF 729
LOCAL INCARCERATION OF ONE HUNDRED TWENTY DAYS AS SPECIFIED IN 730
DIVISION (A)(8) OF THAT SECTION. THE COURT shall not reduce the 731
term pursuant to section 2929.20, 2967.193, or any other 732
provision of the Revised Code. The court that imposes a 733
mandatory term of local incarceration under this division shall 734
specify whether the term is to be served in a jail, a 735
community-based correctional facility, a halfway house, or an 736
alternative residential facility, and the offender shall serve 737
the term in the type of facility specified by the court. The 738
court shall not sentence the offender to a prison term and shall 739
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 740
incarceration imposed under division (G)(1) of this section is 741
not subject to extension under section 2967.11 of the Revised 742
Code, to a period of post-release control under section 2967.28 743
of the Revised Code, or to any other Revised Code provision that 744
pertains to a prison term.
(2) If the offender previously has been sentenced to a 746
mandatory term of local incarceration pursuant to division (G)(1) 747
of this section for a fourth degree felony OMVI offense, the 748
court shall impose upon the offender a mandatory prison term of 749
sixty days as specified in division (A)(4) of section 4511.99 of 750
the Revised Code and OR A MANDATORY TERM OF LOCAL INCARCERATION 751
OF ONE HUNDRED TWENTY DAYS AS SPECIFIED IN DIVISION (A)(8) OF 752
THAT SECTION. THE COURT shall not reduce the term pursuant to 754
section 2929.20, 2967.193, or any other provision of the Revised
18
Code. In no case shall an offender who once has been sentenced 755
to a mandatory term of local incarceration pursuant to division 756
(G)(1) of this section for a fourth degree felony OMVI offense be 757
sentenced to another mandatory term of local incarceration under 758
that division for a fourth degree felony OMVI offense. The court 759
shall not sentence the offender to a community control sanction 760
under section 2929.16 or 2929.17 of the Revised Code. The 761
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 762
intensive program prison established pursuant to section 5120.033 763
of the Revised Code if the department gave the sentencing judge 764
prior notice of its intent to place the offender in an intensive 765
program prison established under that section and if the judge 766
did not notify the department that the judge disapproved the 767
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 768
that is privately operated and managed by a contractor pursuant 769
to a contract entered into under section 9.06 of the Revised 770
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 772
make a reasonable effort to ensure that a sufficient number of 773
offenders sentenced to a mandatory prison term under this 774
division are placed in the privately operated and managed prison 775
so that the privately operated and managed prison has full 776
occupancy.
(b) Unless the privately operated and managed prison has 778
full occupancy, the department of rehabilitation and correction 779
shall not place any offender sentenced to a mandatory prison term 780
under this division in any intensive program prison established 781
pursuant to section 5120.033 of the Revised Code other than the 783
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 786
oriented offense committed on or after January 1, 1997, the judge 787
shall require the offender to submit to a DNA specimen collection 789
19
procedure pursuant to section 2901.07 of the Revised Code if 791
either of the following applies:
(1) The offense was a sexually violent offense, and the 793
offender also was convicted of or pleaded guilty to a sexually 794
violent predator specification that was included in the 795
indictment, count in the indictment, or information charging the 796
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 798
offense determines pursuant to division (B) of section 2950.09 of 799
the Revised Code that the offender is a sexual predator. 800
(I) If an offender is being sentenced for a sexually 803
oriented offense committed on or after January 1, 1997, the judge 804
shall include in the sentence a summary of the offender's duty to 806
register pursuant to section 2950.04 of the Revised Code, the 807
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 808
section 2950.05 of the Revised Code, the offender's duty to 809
periodically verify the offender's current residence address 810
pursuant to section 2950.06 of the Revised Code, and the duration 811
of the duties. The judge shall inform the offender, at the time 812
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 814
Code, shall perform the duties specified in that section. 815
Sec. 2929.16. (A) The court imposing a sentence for a 825
felony upon an offender who is not required to serve a mandatory 826
prison term may impose any community residential sanction or 827
combination of community residential sanctions under this 828
section. The court imposing a sentence for a fourth degree
felony OMVI offense upon an offender who is required to serve a 830
mandatory term of local incarceration pursuant to division (G)(1) 831
of section 2929.13 of the Revised Code may impose upon the
offender, in addition to the mandatory term of local 833
incarceration, a community residential sanction or combination of 834
community residential sanctions under this section, and the 835
20
offender shall serve or satisfy the sanction or combination of 836
sanctions after the offender has served the mandatory term of 837
local incarceration required for the offense. Community 838
residential sanctions include, but are not limited to, the
following: 839
(1) A term of up to six months at a community-based 841
correctional facility that serves the county; 842
(2) Except as otherwise provided in division (A)(3) of 844
this section and subject to division (D) of this section, a term 846
of up to six months in a jail;
(3) If the offender is convicted of a fourth degree felony 848
OMVI offense and is sentenced pursuant to division (G)(1) of 849
section 2929.13 of the Revised Code, subject to division (D) of 850
this section, a term of up to one year in a jail less the 851
mandatory term of local incarceration of sixty OR ONE HUNDRED 853
TWENTY consecutive days of imprisonment imposed pursuant to that 855
division;
(4) A term in a halfway house; 857
(5) A term in an alternative residential facility. 859
(B) The court that assigns any offender convicted of a 862
felony to a residential sanction under this section may authorize 863
the offender to be released so that the offender may seek or 864
maintain employment, receive education or training, or receive 865
treatment. A release pursuant to this division shall be only for 866
the duration of time that is needed to fulfill the purpose of the 867
release and for travel that reasonably is necessary to fulfill 868
the purposes of the release.
(C) If the court assigns an offender to a county jail that 871
is not a minimum security misdemeanant jail in a county that has 872
established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of 873
the sentence, whether the sheriff of that county may consider the 874
offender for participation in the county jail industry program. 876
During the offender's term in the county jail, the court shall 877
21
retain jurisdiction to modify its specification upon a 878
reassessment of the offender's qualifications for participation
in the program. 879
(D) If a court sentences an offender to a term in jail 882
under division (A)(2) or (3) of this section and if the sentence 884
is imposed for a felony of the fourth or fifth degree that is not
an offense of violence, the court may specify that it prefers 885
that the offender serve the term in a minimum security jail 886
established under section 341.34 or 753.21 of the Revised Code. 887
If the court includes a specification of that type in the 889
sentence and if the administrator of the appropriate minimum 890
security jail or the designee of that administrator classifies 891
the offender in accordance with section 341.34 or 753.21 of the
Revised Code as a minimal security risk, the offender shall serve 893
the term in the minimum security jail established under section 894
341.34 or 753.21 of the Revised Code. Absent a specification of 896
that type and a finding of that type, the offender shall serve 897
the term in a jail other than a minimum security jail established
under section 341.34 or 753.21 of the Revised Code. 898
(E) If a person who has been convicted of or pleaded 900
guilty to a felony is sentenced to a community residential 901
sanction as described in division (A) of this section, at the 902
time of reception and at other times the person in charge of the 903
operation of the community-based correctional facility, jail, 904
halfway house, alternative residential facility, or other place 905
at which the offender will serve the residential sanction
determines to be appropriate, the person in charge of the 906
operation of the community-based correctional facility, jail, 907
halfway house, alternative residential facility, or other place 908
may cause the convicted offender to be examined and tested for 909
tuberculosis, HIV infection, hepatitis, including but not limited 910
to hepatitis A, B, and C, and other contagious diseases. The 912
person in charge of the operation of the community-based 913
correctional facility, jail, halfway house, alternative
22
residential facility, or other place at which the offender will 914
serve the residential sanction may cause a convicted offender in 915
the community-based correctional facility, jail, halfway house, 916
alternative residential facility, or other place who refuses to 917
be tested or treated for tuberculosis, HIV infection, hepatitis, 918
including but not limited to hepatitis A, B, and C, or another 919
contagious disease to be tested and treated involuntarily. 921
Sec. 2929.18. (A) Except as otherwise provided in this 930
division and in addition to imposing court costs pursuant to 931
section 2947.23 of the Revised Code, the court imposing a 932
sentence upon an offender for a felony may sentence the offender 933
to any financial sanction or combination of financial sanctions 935
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 936
offender a fine in accordance with that section. If the offender 937
is sentenced to a sanction of confinement pursuant to section 938
2929.14 or 2929.16 of the Revised Code that is to be served in a 939
facility operated by a board of county commissioners, a 940
legislative authority of a municipal corporation, or another 941
governmental entity, the court imposing sentence upon an offender 942
for a felony shall comply with division (A)(4)(b) of this section 943
in determining whether to sentence the offender to a financial 944
sanction described in division (A)(4)(a) of this section. 945
Financial sanctions that may be imposed pursuant to this section 946
include, but are not limited to, the following: 947
(1) Restitution by the offender to the victim of the 949
offender's crime or any survivor of the victim, in an amount 950
based on the victim's economic loss. The court shall order that 951
the restitution be made to the adult probation department that 952
serves the county on behalf of the victim, to the clerk of 953
courts, or to another agency designated by the court, except that 954
it may include a requirement that reimbursement be made to third 955
parties for amounts paid to or on behalf of the victim or any 956
survivor of the victim for economic loss resulting from the 957
23
offense. If reimbursement to third parties is required, the 958
reimbursement shall be made to any governmental agency to repay 959
any amounts paid by the agency to or on behalf of the victim or 960
any survivor of the victim for economic loss resulting from the 961
offense before any reimbursement is made to any person other than 962
a governmental agency. If no governmental agency incurred 963
expenses for economic loss of the victim or any survivor of the 964
victim resulting from the offense, the reimbursement shall be 965
made to any person other than a governmental agency to repay 966
amounts paid by that person to or on behalf of the victim or any 967
survivor of the victim for economic loss of the victim resulting 969
from the offense. The court shall not require an offender to 970
repay an insurance company for any amounts the company paid on 971
behalf of the offender pursuant to a policy of insurance. At 972
sentencing, the court shall determine the amount of restitution 974
to be made by the offender. All restitution payments shall be 975
credited against any recovery of economic loss in a civil action 976
brought by the victim or any survivor of the victim against the 977
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 979
this section, a fine payable by the offender to the state, to a 980
political subdivision, or as described in division (B)(2) of this 982
section to one or more law enforcement agencies, with the amount 983
of the fine based on a standard percentage of the offender's 984
daily income over a period of time determined by the court and 985
based upon the seriousness of the offense. A fine ordered under 986
this division shall not exceed the statutory fine amount 987
authorized for the level of the offense under division (A)(3) of 988
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 990
this section, a fine payable by the offender to the state, to a 991
political subdivision when appropriate for a felony, or as 992
described in division (B)(2) of this section to one or more law 994
enforcement agencies, in the following amount:
24
(a) For a felony of the first degree, not more than twenty 997
thousand dollars;
(b) For a felony of the second degree, not more than 1,000
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 1,003
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,006
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,009
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,012
reimbursement by the offender of any or all of the costs of 1,014
sanctions incurred by the government, including the following: 1,015
(i) All or part of the costs of implementing any community 1,018
control sanction;
(ii) All or part of the costs of confinement under a 1,021
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,022
Revised Code, provided that the amount of reimbursement ordered 1,023
under this division shall not exceed ten thousand dollars or the 1,024
total amount of reimbursement the offender is able to pay as 1,025
determined at a hearing, whichever amount is greater; 1,026
(b) If the offender is sentenced to a sanction of 1,028
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,029
Code that is to be served in a facility operated by a board of 1,031
county commissioners, a legislative authority of a municipal 1,032
corporation, or another local governmental entity, one of the
following applies: 1,033
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,035
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 1,036
Revised Code, the board, legislative authority, or other local 1,037
governmental entity requires prisoners convicted of an offense 1,038
other than a minor misdemeanor to reimburse the county, municipal 1,039
corporation, or other entity for its expenses incurred by reason 1,040
of the prisoner's confinement, the court shall impose a financial
25
sanction under division (A)(4)(a) of this section that requires 1,041
the offender to reimburse the county, municipal corporation, or 1,042
other local governmental entity for the cost of the confinement. 1,043
In addition, the court may impose any other financial sanction 1,044
under this section.
(ii) If, pursuant to any section identified in division 1,046
(A)(4)(b)(i) of this section, the board, legislative authority, 1,048
or other local governmental entity has adopted a resolution or 1,050
ordinance specifying that prisoners convicted of felonies are not 1,051
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,053
the prisoner's confinement, the court shall not impose a 1,054
financial sanction under division (A)(4)(a) of this section that 1,055
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 1,056
the confinement, but the court may impose any other financial 1,058
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,060
of this section applies, the court may impose, but is not 1,061
required to impose, any financial sanction under this section. 1,062
(c) Reimbursement by the offender for costs pursuant to 1,065
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 1,068
violation of any provision of Chapter 2925., 3719., or 4729. of 1,069
the Revised Code, the sentencing court shall impose upon the 1,070
offender a mandatory fine of at least one-half of, but not more 1,071
than, the maximum statutory fine amount authorized for the level 1,072
of the offense pursuant to division (A)(3) of this section. If 1,073
an offender alleges in an affidavit filed with the court prior to 1,075
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,076
indigent person and is unable to pay the mandatory fine described 1,077
in this division, the court shall not impose the mandatory fine 1,078
upon the offender.
26
(2) Any mandatory fine imposed upon an offender under 1,080
division (B)(1) of this section and any fine imposed upon an 1,082
offender under division (A)(2) or (3) of this section for any 1,083
fourth or fifth degree felony violation of any provision of 1,084
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,085
to law enforcement agencies pursuant to division (F) of section 1,086
2925.03 of the Revised Code. 1,087
(3) For a fourth degree felony OMVI offense, the 1,091
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) OR (8) of section 1,092
4511.99 of the Revised Code. The mandatory fine so imposed shall 1,095
be disbursed as provided in division (A)(4) OR (8) of section 1,096
4511.99 of the Revised Code. 1,098
(4) Notwithstanding any fine otherwise authorized or 1,101
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,102
this section or section 2929.31 of the Revised Code for a 1,103
violation of section 2925.03 or 2925.07 of the Revised Code, in 1,104
addition to any penalty or sanction imposed for that offense 1,105
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 1,106
of the Revised Code and in addition to the forfeiture of property 1,108
in connection with the offense as prescribed in sections 2925.42 1,109
to 2925.45 of the Revised Code, the court that sentences an 1,111
offender for a violation of section 2925.03 or 2925.07 of the 1,112
Revised Code may impose upon the offender a fine in addition to 1,113
any fine imposed under division (A)(2) or (3) of this section and 1,115
in addition to any mandatory fine imposed under division (B)(1) 1,116
of this section. The fine imposed under division (B)(4) of this 1,117
section shall be used as provided in division (H) of section 1,118
2925.03 of the Revised Code. A fine imposed under division 1,119
(B)(4) of this section shall not exceed whichever of the 1,120
following is applicable:
(a) The total value of any personal or real property in 1,123
which the offender has an interest and that was used in the 1,124
course of, intended for use in the course of, derived from, or 1,125
27
realized through conduct in violation of section 2925.03 or 1,126
2925.07 of the Revised Code, including any property that 1,127
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 1,130
type described in division (B)(4)(a) of this section or if it is 1,131
not possible to ascertain whether the offender has an interest in 1,133
any property of that type in which the offender may have an 1,134
interest, the amount of the mandatory fine for the offense 1,135
imposed under division (B)(1) of this section or, if no mandatory 1,136
fine is imposed under division (B)(1) of this section, the amount 1,137
of the fine authorized for the level of the offense imposed under 1,139
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,142
section, the court shall determine whether the offender has an 1,143
interest in any property of the type described in division 1,144
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,146
or (7) of this section, a fine that is authorized and imposed 1,147
under division (B)(4) of this section does not limit or affect 1,149
the imposition of the penalties and sanctions for a violation of 1,150
section 2925.03 or 2925.07 of the Revised Code prescribed under
those sections or sections 2929.11 to 2929.18 of the Revised Code 1,153
and does not limit or affect a forfeiture of property in 1,154
connection with the offense as prescribed in sections 2925.42 to 1,155
2925.45 of the Revised Code. 1,156
(6) If the sum total of a mandatory fine amount imposed 1,158
for a first, second, or third degree felony violation of section 1,159
2925.03 or a third degree felony violation of section 2925.07 of 1,161
the Revised Code under division (B)(1) of this section plus the 1,162
amount of any fine imposed under division (B)(4) of this section 1,164
does not exceed the maximum statutory fine amount authorized for 1,165
the level of the offense under division (A)(3) of this section or 1,166
section 2929.31 of the Revised Code, the court may impose a fine 1,168
for the offense in addition to the mandatory fine and the fine 1,169
imposed under division (B)(4) of this section. The sum total of 1,170
28
the amounts of the mandatory fine, the fine imposed under 1,171
division (B)(4) of this section, and the additional fine imposed 1,172
under division (B)(6) of this section shall not exceed the 1,174
maximum statutory fine amount authorized for the level of the 1,175
offense under division (A)(3) of this section or section 2929.31 1,176
of the Revised Code. The clerk of the court shall pay any fine 1,177
that is imposed under division (B)(6) of this section to the 1,178
county, township, municipal corporation, park district as created 1,180
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,181
state law enforcement agencies in this state that primarily were 1,182
responsible for or involved in making the arrest of, and in 1,183
prosecuting, the offender pursuant to division (F) of section 1,184
2925.03 of the Revised Code. 1,185
(7) If the sum total of the amount of a mandatory fine 1,187
imposed for a first, second, or third degree felony violation of 1,188
section 2925.03 or a third degree felony violation of section 1,189
2925.07 of the Revised Code plus the amount of any fine imposed 1,191
under division (B)(4) of this section exceeds the maximum 1,192
statutory fine amount authorized for the level of the offense 1,193
under division (A)(3) of this section or section 2929.31 of the 1,194
Revised Code, the court shall not impose a fine under division 1,195
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,198
the offender pursuant to division (A)(4)(a) of this section to 1,200
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,202
confine offenders pursuant to sanctions imposed under section 1,203
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,204
The treasurer of state shall deposit the reimbursements in the 1,205
confinement cost reimbursement fund that is hereby created in the 1,206
state treasury. The department of rehabilitation and correction 1,207
shall use the amounts deposited in the fund to fund the operation 1,208
of facilities used to confine offenders pursuant to sections 1,209
2929.14 and 2929.16 of the Revised Code. 1,210
29
(2) Except as provided in section 2951.021 of the Revised 1,212
Code, the offender shall pay reimbursements imposed upon the 1,213
offender pursuant to division (A)(4)(a) of this section to pay 1,215
the costs incurred by a county pursuant to any sanction imposed 1,216
under this section or section 2929.16 or 2929.17 of the Revised 1,217
Code or in operating a facility used to confine offenders 1,218
pursuant to a sanction imposed under section 2929.16 of the 1,219
Revised Code to the county treasurer. The county treasurer shall 1,220
deposit the reimbursements in the sanction cost reimbursement 1,221
fund that each board of county commissioners shall create in its 1,222
county treasury. The county shall use the amounts deposited in 1,223
the fund to pay the costs incurred by the county pursuant to any 1,224
sanction imposed under this section or section 2929.16 or 2929.17 1,225
of the Revised Code or in operating a facility used to confine 1,227
offenders pursuant to a sanction imposed under section 2929.16 of 1,228
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,230
Code, the offender shall pay reimbursements imposed upon the 1,231
offender pursuant to division (A)(4)(a) of this section to pay 1,233
the costs incurred by a municipal corporation pursuant to any 1,234
sanction imposed under this section or section 2929.16 or 2929.17 1,235
of the Revised Code or in operating a facility used to confine 1,236
offenders pursuant to a sanction imposed under section 2929.16 of 1,237
the Revised Code to the treasurer of the municipal corporation. 1,239
The treasurer shall deposit the reimbursements in a special fund 1,240
that shall be established in the treasury of each municipal 1,241
corporation. The municipal corporation shall use the amounts 1,242
deposited in the fund to pay the costs incurred by the municipal 1,243
corporation pursuant to any sanction imposed under this section 1,244
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,245
a facility used to confine offenders pursuant to a sanction 1,246
imposed under section 2929.16 of the Revised Code. 1,247
(4) Except as provided in section 2951.021 of the Revised 1,249
Code, the offender shall pay reimbursements imposed pursuant to 1,250
30
division (A)(4)(a) of this section for the costs incurred by a 1,251
private provider pursuant to a sanction imposed under this 1,252
section or section 2929.16 or 2929.17 of the Revised Code to the 1,253
provider.
(D) A financial sanction imposed pursuant to division (A) 1,255
or (B) of this section is a judgment in favor of the state or a 1,256
political subdivision in which the court that imposed the 1,257
financial sanction is located, and the offender subject to the 1,258
sanction is the judgment debtor, except that a financial sanction 1,259
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,261
this section upon an offender who is incarcerated in a state 1,262
facility or a municipal jail is a judgment in favor of the state 1,263
or the municipal corporation, a financial sanction of 1,264
reimbursement imposed upon an offender pursuant to this section 1,265
for costs incurred by a private provider of sanctions is a 1,266
judgment in favor of the private provider, and a financial 1,267
sanction of restitution imposed pursuant to this section is a 1,268
judgment in favor of the victim of the offender's criminal act. 1,269
Once the financial sanction is imposed as a judgment, the victim, 1,270
private provider, state, or political subdivision may bring an 1,271
action to do any of the following:
(1) Obtain execution of the judgment through any available 1,274
procedure, including:
(a) An execution against the property of the judgment 1,277
debtor under Chapter 2329. of the Revised Code; 1,278
(b) An execution against the person of the judgment debtor 1,281
under Chapter 2331. of the Revised Code; 1,282
(c) A proceeding in aid of execution under Chapter 2333. 1,285
of the Revised Code, including: 1,286
(i) A proceeding for the examination of the judgment 1,289
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,290
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,293
judgment debtor under section 2333.28 of the Revised Code; 1,294
31
(iii) A creditor's suit under section 2333.01 of the 1,297
Revised Code.
(d) The attachment of the property of the judgment debtor 1,300
under Chapter 2715. of the Revised Code; 1,301
(e) The garnishment of the property of the judgment debtor 1,304
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,306
judgment debtor under section 1321.33 of the Revised Code. 1,308
(E) A court that imposes a financial sanction upon an 1,310
offender may hold a hearing if necessary to determine whether the 1,311
offender is able to pay the sanction or is likely in the future 1,312
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,315
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,317
enter into contracts with one or more public agencies or private 1,318
vendors for the collection of, amounts due under the financial 1,319
sanction imposed pursuant to this section or section 2929.25 of 1,320
the Revised Code. Before entering into a contract for the 1,321
collection of amounts due from an offender pursuant to any 1,322
financial sanction imposed pursuant to this section or section 1,323
2929.25 of the Revised Code, a court shall comply with sections 1,324
307.86 to 307.92 of the Revised Code. 1,325
(G) If a court that imposes a financial sanction under 1,328
division (A) or (B) of this section finds that an offender 1,329
satisfactorily has completed all other sanctions imposed upon the 1,330
offender and that all restitution that has been ordered has been 1,331
paid as ordered, the court may suspend any financial sanctions 1,332
imposed pursuant to this section or section 2929.25 of the 1,333
Revised Code that have not been paid. 1,334
(H) No financial sanction imposed under this section or 1,337
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,338
Sec. 2929.23. (A) As used in this section: 1,347
32
(1) "Electronic monitoring device" means either of the 1,349
following: 1,350
(a) Any device that can be operated by electrical or 1,352
battery power and that conforms with all of the following: 1,353
(i) The device has a transmitter that can be attached to a 1,355
person, that will transmit a specified signal to a receiver of 1,356
the type described in division (A)(1)(a)(ii) of this section if 1,357
the transmitter is removed from the person, turned off, or 1,358
altered in any manner without prior court approval in relation to 1,359
electronically monitored house arrest or electronically monitored 1,360
house detention or without prior approval of the department of 1,361
rehabilitation and correction in relation to the use of an 1,362
electronic monitoring device for an inmate on transitional 1,364
control or otherwise is tampered with, that can transmit 1,365
continuously and periodically a signal to that receiver when the 1,366
person is within a specified distance from the receiver, and that 1,367
can transmit an appropriate signal to that receiver if the person 1,368
to whom it is attached travels a specified distance from that 1,369
receiver.
(ii) The device has a receiver that can receive 1,371
continuously the signals transmitted by a transmitter of the type 1,372
described in division (A)(1)(a)(i) of this section, can transmit 1,373
continuously those signals by telephone to a central monitoring 1,374
computer of the type described in division (A)(1)(a)(iii) of this 1,375
section, and can transmit continuously an appropriate signal to 1,376
that central monitoring computer if the receiver is turned off or 1,377
altered without prior court approval or otherwise tampered with. 1,378
(iii) The device has a central monitoring computer that 1,380
can receive continuously the signals transmitted by telephone by 1,381
a receiver of the type described in division (A)(1)(a)(ii) of 1,382
this section and can monitor continuously the person to whom an 1,383
electronic monitoring device of the type described in division 1,384
(A)(1)(a) of this section is attached. 1,385
(b) Any device that is not a device of the type described 1,387
33
in division (A)(1)(a) of this section and that conforms with all 1,388
of the following: 1,389
(i) The device includes a transmitter and receiver that 1,391
can monitor and determine the location of a subject person at any 1,392
time, or at a designated point in time, through the use of a 1,393
central monitoring computer or through other electronic means; 1,394
(ii) The device includes a transmitter and receiver that 1,396
can determine at any time, or at a designated point in time, 1,397
through the use of a central monitoring computer or other 1,398
electronic means the fact that the transmitter is turned off or 1,399
altered in any manner without prior approval of the court in 1,400
relation to electronically monitored house arrest or 1,401
electronically monitored house detention or without prior 1,402
approval of the department of rehabilitation and correction in 1,403
relation to the use of an electronic monitoring device for an 1,405
inmate on transitional control or otherwise is tampered with. 1,407
(2) "Certified electronic monitoring device" means an 1,409
electronic monitoring device that has been certified by the 1,410
superintendent of the bureau of criminal identification and 1,411
investigation pursuant to division (C)(1) of this section. 1,412
(3) "Eligible offender" means a person who has been 1,414
convicted of or pleaded guilty to any offense, except that a 1,415
person is not an "eligible offender" if any of the following 1,417
apply in relation to the person, the offense, or the person and 1,418
the offense: 1,419
(a) The person is subject to or is serving a term of life 1,421
imprisonment.
(b) The person is subject to or is serving a mandatory 1,423
prison term imposed under division (F) of section 2929.13, 1,424
division (D) of section 2929.14, or any other section of the 1,425
Revised Code, provided that, after the person has served all of 1,426
the mandatory prison terms so imposed, the person may be an 1,427
eligible offender unless excluded by division (A)(3)(a), (c) or 1,428
(d) of this section. 1,429
34
(c) The offense is a violation of division (A) of section 1,432
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 1,433
the Revised Code and is serving the mandatory term of local 1,435
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days of 1,436
imprisonment imposed under that division, provided that, after 1,437
the person has served all of the mandatory term of local 1,438
incarceration so imposed, the person may be an eligible offender 1,439
unless excluded by division (A)(3)(a), (b), or (d) of this 1,440
section. 1,441
(d) The offense is a violation of division (A) of section 1,444
4511.19 of the Revised Code, and the person is sentenced for that 1,445
offense pursuant to division (G)(2) of section 2929.13 of the 1,446
Revised Code. 1,447
(4) "Electronically monitored house arrest" means a period 1,449
of confinement of an eligible offender in the eligible offender's 1,451
home or in other premises specified by the sentencing court, 1,452
during which period of confinement all of the following apply: 1,453
(a) The eligible offender wears, otherwise has attached to 1,455
the eligible offender's person, or otherwise is subject to 1,456
monitoring by a certified electronic monitoring device, or the 1,458
eligible offender is subject to monitoring by a certified 1,460
electronic monitoring system;
(b) The eligible offender is required to remain in the 1,462
eligible offender's home or other premises specified by the 1,463
sentencing court for the specified period of confinement, except 1,464
for periods of time during which the eligible offender is at the 1,466
eligible offender's place of employment or at other premises as 1,467
authorized by the sentencing court;
(c) The eligible offender is subject to monitoring by a 1,469
central system that monitors the certified electronic monitoring 1,470
device that is attached to the eligible offender's person or that 1,472
otherwise is being used to monitor the eligible offender and that 1,473
can monitor and determine the eligible offender's location at any 1,475
35
time or at a designated point in time, or the eligible offender 1,476
is required to participate in monitoring by a certified 1,477
electronic monitoring system; 1,478
(d) The eligible offender is required by the sentencing 1,480
court to report periodically to a person designated by the court; 1,481
(e) The eligible offender is subject to any other 1,483
restrictions and requirements that may be imposed by the 1,484
sentencing court. 1,485
(5) "Electronic monitoring system" means a system by which 1,487
the location of an eligible offender can be verified 1,488
telephonically through the use of voice-activated voice response 1,489
technology that conforms with all of the following: 1,490
(a) It can be programmed to call the telephone or 1,492
telephones assigned to the eligible offender who is the subject 1,494
of the monitoring as often as necessary; 1,495
(b) It is equipped with a voice recognition system that 1,497
can work accurately and reliably under the anticipated conditions 1,498
in which it will operate; 1,499
(c) It is equipped to perform an alarm function if the 1,501
eligible offender who is the subject of monitoring does not 1,503
respond to system commands in the manner required. 1,504
(6) "Certified electronic monitoring system" means an 1,506
electronic monitoring system that has been certified by the 1,507
superintendent of the bureau of criminal identification and 1,508
investigation pursuant to division (C)(1) of this section. 1,509
(7) "Electronically monitored house detention" has the 1,511
same meaning as in section 2151.355 of the Revised Code. 1,512
(8) "Transitional control" means the program of 1,515
transitional control established by the department of 1,516
rehabilitation and correction under section 2967.26 of the 1,517
Revised Code, if the department establishes a program of that 1,518
nature under that section.
(B)(1) Any court may impose as a sanction pursuant to 1,520
sections 2929.15 and 2929.17 of the Revised Code a period of 1,521
36
electronically monitored house arrest upon an eligible offender 1,522
who is convicted of or pleads guilty to a felony, except that the 1,523
total of any period of electronically monitored house arrest 1,524
imposed upon that eligible offender plus the period of all other 1,525
sanctions imposed upon the same eligible offender pursuant to 1,526
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 1,527
Code shall not exceed five years. Any court may impose a period 1,528
of electronically monitored house arrest upon an eligible 1,529
offender who is convicted of or pleads guilty to a misdemeanor in 1,530
addition to or in lieu of any other sentence imposed or 1,531
authorized for the offense, except that the total of any period 1,532
of electronically monitored house arrest imposed upon that 1,533
eligible offender plus the period of any sentence of imprisonment 1,534
imposed upon the same eligible offender shall not exceed the 1,535
maximum term of imprisonment that could be imposed upon the 1,536
eligible offender pursuant to section 2929.21 of the Revised Code 1,537
and except that, if the offense for which an eligible offender is 1,538
being sentenced is a violation of division (A) of section 4511.19 1,539
or of division (D)(2) of section 4507.02 of the Revised Code, the 1,540
court may impose a period of electronically monitored house 1,541
arrest upon the eligible offender only when authorized by and 1,542
only in the circumstances described in division (A) of section 1,543
4511.99 or division (B) of section 4507.99 of the Revised Code. 1,544
If a court imposes a period of electronically monitored 1,546
house arrest upon an eligible offender, it shall require the 1,547
eligible offender to wear, otherwise have attached to the 1,548
eligible offender's person, or otherwise be subject to monitoring 1,550
by a certified electronic monitoring device or to participate in 1,551
the operation of and monitoring by a certified electronic 1,552
monitoring system; to remain in the eligible offender's home or 1,553
other specified premises for the entire period of electronically 1,555
monitored house arrest except when the court permits the eligible 1,556
offender to leave those premises to go to the eligible offender's 1,557
place of employment or to other specified premises; to be 1,558
37
monitored by a central system that monitors the certified 1,559
electronic monitoring device that is attached to the eligible 1,560
offender's person or that otherwise is being used to monitor the 1,562
eligible offender and that can monitor and determine the eligible 1,564
offender's location at any time or at a designated point in time 1,566
or to be monitored by the certified electronic monitoring system; 1,567
to report periodically to a person designated by the court; and, 1,568
in return for receiving a period of electronically monitored 1,569
house arrest, to enter into a written contract with the court 1,570
agreeing to comply with all restrictions and requirements imposed 1,571
by the court, agreeing to pay any fee imposed by the court for 1,572
the costs of the electronically monitored house arrest imposed by 1,573
the court pursuant to division (E) of this section, and agreeing 1,574
to waive the right to receive credit for any time served on 1,575
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 1,577
the offense for which the period of electronically monitored 1,578
house arrest was imposed if the eligible offender violates any of 1,579
the restrictions or requirements of the period of electronically 1,581
monitored house arrest, and additionally, it may impose any other 1,582
reasonable restrictions and requirements upon the eligible 1,583
offender.
(2) If an eligible offender violates any of the 1,585
restrictions or requirements imposed upon the eligible offender 1,586
as part of the eligible offender's period of electronically 1,588
monitored house arrest, the eligible offender shall not receive 1,589
credit for any time served on electronically monitored house 1,590
arrest toward any prison term or sentence of imprisonment imposed 1,591
upon the eligible offender for the offense for which the period 1,593
of electronically monitored house arrest was imposed. 1,594
(C)(1) The superintendent of the bureau of criminal 1,596
identification and investigation, in accordance with this section 1,597
and rules adopted by the superintendent pursuant to division 1,598
(C)(2) of this section, shall certify for use in cases of 1,599
38
electronically monitored house arrest, in electronically 1,600
monitored house detention, and in relation to an inmate on 1,602
transitional control specific types and brands of electronic 1,603
monitoring devices and electronic monitoring systems that comply 1,604
with the requirements of this section, section 5120.073 of the 1,605
Revised Code, and those rules. Any manufacturer that, pursuant 1,606
to this division, seeks to obtain the certification of any type 1,607
or brand of electronic monitoring device or electronic monitoring 1,608
system shall submit to the superintendent an application for 1,609
certification in accordance with those rules together with the 1,610
application fee and costs of certification as required by those 1,611
rules. The superintendent shall not certify any electronic 1,612
monitoring device or electronic monitoring system pursuant to 1,613
this division unless the application fee and costs have been paid 1,614
to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of 1,616
the Revised Code, shall adopt rules for certifying specific types 1,617
and brands of electronic monitoring devices and electronic 1,618
monitoring systems for use in electronically monitored house 1,619
arrest, in electronically monitored house detention, and in 1,621
relation to an inmate on transitional control. The rules shall 1,622
set forth the requirements for obtaining the certification, the 1,623
application fee and other costs for obtaining the certification, 1,624
the procedure for applying for certification, and any other 1,625
requirements and procedures considered necessary by the 1,626
superintendent. The rules shall require that no type or brand of 1,627
electronic monitoring device or electronic monitoring system be 1,628
certified unless the type or brand of device or system complies 1,629
with whichever of the following is applicable, in addition to any 1,630
other requirements specified by the superintendent: 1,631
(a) For electronic monitoring devices of the type 1,633
described in division (A)(1)(a) of this section, the type or 1,634
brand of device complies with all of the following: 1,635
(i) It has a transmitter of the type described in division 1,637
39
(A)(1)(a)(i) of this section, a receiver of the type described in 1,638
division (A)(1)(a)(ii) of this section, and a central monitoring 1,639
computer of the type described in division (A)(1)(a)(iii) of this 1,640
section; 1,641
(ii) Its transmitter can be worn by or attached to a 1,643
person with a minimum of discomfort during normal activities, is 1,644
difficult to remove, turn off, or otherwise alter without prior 1,645
court approval in relation to electronically monitored house 1,646
arrest or electronically monitored house detention or prior 1,647
approval of the department of rehabilitation and correction in 1,648
relation to the use of an electronic monitoring device for an 1,650
inmate on transitional control, and will transmit a specified 1,652
signal to the receiver if it is removed, turned off, altered, or 1,653
otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and 1,655
will transmit a signal to the central monitoring computer if it 1,656
is turned off, altered, or otherwise tampered with; 1,657
(iv) Its central monitoring computer is difficult to 1,659
circumvent; 1,660
(v) Its transmitter, receiver, and central monitoring 1,662
computer work accurately and reliably under the anticipated 1,663
conditions under which electronically monitored house arrest or 1,664
electronically monitored house detention will be imposed by 1,665
courts or under which an electronic monitoring device will be 1,668
used by the department of rehabilitation and correction in
relation to an inmate on transitional control; 1,669
(vi) It has a backup battery power supply that operates 1,671
automatically when the main source of electrical or battery power 1,672
for the device fails. 1,673
(b) For electronic monitoring devices of the type 1,675
described in division (A)(1)(b) of this section, the type or 1,676
brand of device complies with all of the following: 1,677
(i) It has a transmitter and receiver of the type 1,679
described in divisions (A)(1)(b)(i) and (ii) of this section. 1,680
40
(ii) Its transmitter is difficult to turn off or alter 1,682
without prior court approval in relation to electronically 1,683
monitored house arrest or electronically monitored house 1,684
detention or without prior approval of the department of 1,685
rehabilitation and correction in relation to the use of an 1,686
electronic monitoring device for an inmate on transitional 1,688
control, and, if the transmitter is turned off or altered in any 1,690
manner without prior approval of the court or department or 1,691
otherwise is tampered with, the fact that it has been turned off, 1,692
altered, or tampered with can be determined at any time, or at a 1,693
designated point in time, through the use of a central monitoring 1,694
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 1,696
if the receiver is turned off, altered, or otherwise tampered 1,697
with, the fact that it has been turned off, altered, or tampered 1,698
with can be determined at any time, or at a designated point in 1,699
time, through the use of a central monitoring computer or through 1,700
other electronic means. 1,701
(iv) Its central monitoring computer or other means of 1,703
electronic monitoring is difficult to circumvent. 1,704
(v) Its transmitter, receiver, and central monitoring 1,706
computer or other means of electronic monitoring work accurately 1,707
and reliably under the anticipated conditions under which 1,708
electronically monitored house arrest or electronically monitored 1,710
house detention will be used, or under which an electronic 1,711
monitoring device will be used by the department of 1,713
rehabilitation and correction in relation to an inmate on 1,714
transitional control.
(vi) If it operates on electrical or battery power, it has 1,716
a backup battery power supply that operates automatically when 1,717
the main source of electrical or battery power for the device 1,718
fails, or, if it does not operate on electrical or battery power, 1,719
it has a backup method of operation so that it will continue to 1,720
operate if its main method of operation fails. 1,721
41
(c) For electronic monitoring systems, the type or brand 1,723
of system complies with all of the following: 1,724
(i) It can be programmed to call the telephone or 1,726
telephones assigned to the person who is the subject of the 1,727
monitoring as often as necessary; 1,728
(ii) It is equipped with a voice recognition system that 1,730
can work accurately and reliably under the anticipated conditions 1,731
in which it will operate; 1,732
(iii) It is equipped to perform an alarm function if the 1,734
person who is the subject of the monitoring does not respond to 1,735
system commands in the manner required. 1,736
(3) The superintendent shall publish and make available to 1,738
all courts and to the department of rehabilitation and 1,739
correction, without charge, a list of all types and brands of 1,740
electronic monitoring devices and electronic monitoring systems 1,741
that have been certified by the superintendent pursuant to 1,742
division (C)(1) of this section and information about the 1,743
manufacturers of the certified devices and systems and places at 1,744
which the devices and systems can be obtained. 1,745
(D) The superintendent of the bureau of criminal 1,747
identification and investigation shall deposit all costs and fees 1,748
collected pursuant to division (C) of this section into the 1,750
general revenue fund.
(E)(1) Each county in which is located a court that 1,752
imposes a period of electronically monitored house arrest or 1,753
electronically monitored house detention as a sentencing sanction 1,754
or alternative may establish in the county treasury an 1,756
electronically monitored house arrest and detention fund. The 1,757
clerk of each court that uses that sentencing sanction or 1,758
alternative may deposit into the fund all fees collected from 1,760
eligible offenders upon whom electronically monitored house 1,761
arrest or detention is imposed pursuant to this section, section 1,762
2151.355, or any other section of the Revised Code that 1,763
specifically authorizes the imposition of electronically 1,764
42
monitored house arrest or detention. Each court that imposes 1,765
electronically monitored house arrest or detention may adopt by 1,766
local court rule a reasonable daily fee to be paid by each 1,767
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 1,768
alternative. The fee may include the actual costs of providing 1,770
house arrest or detention and an additional amount necessary to 1,771
enable the court to provide electronically monitored house arrest 1,772
or detention to indigent eligible offenders. The fund may be 1,773
used only for the payment of the costs of electronically 1,774
monitored house arrest or detention, including, but not limited 1,775
to, the costs of electronically monitored house arrest or 1,776
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 1,778
this section, it shall be in addition to any fine specifically 1,779
authorized or required by any other section of the Revised Code 1,780
for an eligible offender upon whom a period of electronically 1,781
monitored house arrest or detention is imposed as a sentencing 1,782
sanction or alternative.
Sec. 3793.10. A drivers' intervention program may be used 1,791
as an alternative to a term of imprisonment for an offender 1,792
sentenced pursuant to division (A)(1) of section 4511.99 of the 1,793
Revised Code, if it is certified by the director of alcohol and 1,794
drug addiction services pursuant to this section. No drivers' 1,795
intervention program shall be used as an alternative to a term of 1,796
imprisonment that is imposed pursuant to division (A)(2), (3), or 1,798
(4), (6), (7), OR (8) of section 4511.99 of the Revised Code. 1,800
To qualify for certification by the director and to receive 1,802
funds from the drivers' treatment and intervention fund created 1,803
by division (L) of section 4511.191 of the Revised Code in any 1,804
amounts and at any times that the director determines are 1,805
appropriate, a drivers' intervention program shall meet state 1,806
minimum standards that the director shall establish by rule. The 1,807
rules shall include, but are not limited to, standards governing 1,808
43
program course hours and content, qualifications of program 1,809
personnel, methods of identifying and testing participants to 1,810
isolate participants with alcohol and drug abuse problems, 1,811
referral of such persons to alcohol and drug addiction programs, 1,812
the prompt notification of courts by program operators of the 1,813
completion of the programs by persons required by courts to 1,814
attend them, and record keeping, including methods of tracking 1,815
participants for a reasonable time after they have left the 1,816
program. 1,817
The director shall issue a certificate to any qualified 1,819
drivers' intervention program. The certificate shall be valid 1,820
for three years. 1,821
Sec. 4503.233. (A)(1) As used in this section, "vehicle 1,830
owner" means either of the following: 1,831
(a) The person in whose name is registered, at the time of 1,833
the offense, a vehicle that is subject to an immobilization order 1,834
issued under division (A)(2) of this section; 1,835
(b) A person to whom, at the time of the offense, the 1,837
certificate of title to a vehicle has been assigned and who has 1,838
not obtained a certificate of title to the vehicle in that 1,839
person's name but who is deemed by the court as being the owner 1,840
of the vehicle at the time of the offense for which the vehicle
is subject to an immobilization and impoundment order issued 1,841
under division (A)(2) of this section. 1,842
(2) If a court is required to order the immobilization of 1,844
a vehicle for a specified period of time pursuant to division 1,845
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 1,846
pursuant to division (A)(2)(b) or, (3)(b), (6)(b), OR (7)(b) of 1,848
section 4511.99, pursuant to division (B)(1) or (2) or (C)(1) or 1,849
(2) of section 4507.361, or pursuant to division (B)(2)(a) or (b) 1,850
of section 4511.193 of the Revised Code, the court shall issue an 1,851
immobilization order, subject to section 4503.235 of the Revised 1,853
Code, in accordance with this division and for the period of time 1,854
specified in the particular division, and the immobilization
44
under the order shall be in accordance with this section. The 1,856
court, at the time of sentencing the offender for the offense 1,857
relative to which the immobilization order is issued or as soon 1,858
thereafter as is practicable, shall give a copy of the order to 1,859
the offender or the offender's counsel and to the vehicle owner 1,860
or the vehicle owner's counsel. The court promptly shall send a 1,861
copy of the order to the registrar on a form prescribed by the 1,862
registrar and to the person or agency it designates to execute
the order. 1,863
The order shall indicate the date on which it is issued, 1,865
shall identify the vehicle that is subject to the order, and 1,866
shall specify all of the following: 1,867
(a) The period of the immobilization; 1,869
(b) The place at which the court determines that the 1,871
immobilization shall be carried out, provided that the court 1,872
shall not determine and shall not specify that the immobilization 1,873
is to be carried out at any place other than a commercially 1,874
operated private storage lot, a place owned by a law enforcement 1,875
or other government agency, or a place to which one of the 1,876
following applies: 1,877
(i) The place is leased by or otherwise under the control 1,879
of a law enforcement or other government agency. 1,880
(ii) The place is owned by the offender, the offender's 1,882
spouse, or a parent or child of the offender. 1,883
(iii) The place is owned by a private person or entity, 1,885
and, prior to the issuance of the order, the private entity or 1,886
person that owns the place, or the authorized agent of that 1,887
private entity or person, has given express written consent for 1,888
the immobilization to be carried out at that place. 1,889
(iv) The place is a public street or highway on which the 1,891
vehicle is parked in accordance with the law. 1,892
(c) The person or agency designated by the court to 1,894
execute the order, which shall be either the law enforcement 1,895
agency that employs the law enforcement officer who seized the 1,896
45
vehicle, a bailiff of the court, another person the court 1,897
determines to be appropriate to execute the order, or the law 1,898
enforcement agency with jurisdiction over the place of residence 1,899
of the vehicle owner; 1,900
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 1,902
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 1,903
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 1,904
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 1,905
(3) The person or agency the court designates to 1,907
immobilize the vehicle shall seize or retain that vehicle's 1,908
license plates and forward them to the bureau of motor vehicles. 1,909
(4) In all cases, the vehicle owner shall be assessed an 1,912
immobilization fee of one hundred dollars, and the immobilization 1,913
fee shall be paid to the registrar before the vehicle may be 1,914
released to the vehicle, and that neither the registrar nor a 1,915
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 1,916
of the vehicle owner until the immobilization fee is paid owner. 1,917
Neither the registrar nor a deputy registrar shall accept an 1,918
application for the registration of any motor vehicle in the name 1,919
of the vehicle owner until the immobilization fee is paid. 1,920
(5) If the vehicle subject to the order is immobilized 1,923
pursuant to the order and is found being operated upon any street 1,924
or highway in this state during the immobilization period, it 1,925
shall be seized, removed from the street or highway, and 1,926
criminally forfeited and disposed of pursuant to section 4503.234 1,927
of the Revised Code.
the owner's 1,929
(6) The registrar shall deposit the immobilization fee 1,931
into the law enforcement reimbursement fund created by section 1,932
4501.19 of the Revised Code. Money in the fund shall be expended 1,933
only as provided in division (A)(6) of this section. If the 1,934
court designated in the order a court bailiff or another 1,935
appropriate person other than a law enforcement officer to 1,936
46
immobilize the vehicle, the amount of the fee deposited into the 1,937
law enforcement reimbursement fund shall be paid out to the 1,938
county treasury if the court that issued the order is a county 1,939
court, to the treasury of the municipal corporation served by the 1,940
court if the court that issued the order is a mayor's court, or 1,941
to the city treasury of the legislative authority of the court, 1,942
both as defined in section 1901.03 of the Revised Code, if the 1,943
court that issued the order is a municipal court. If the court 1,944
designated a law enforcement agency to immobilize the vehicle and 1,945
if the law enforcement agency immobilizes the vehicle, the amount 1,946
of the fee deposited into the law enforcement reimbursement fund 1,947
shall be paid out to the law enforcement agency to reimburse the 1,948
agency for the costs it incurs in obtaining immobilization 1,949
equipment and, if required, in sending an officer or other person 1,950
to search for and locate the vehicle specified in the 1,951
immobilization order and to immobilize the vehicle. 1,952
In addition to the immobilization fee required to be paid 1,954
under division (A)(4) of this section, the vehicle owner may be 1,956
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 1,957
(B) If a court issues an immobilization order under 1,960
division (A)(2) of this section, the person or agency designated 1,961
by the court to execute the immobilization order promptly shall 1,962
immobilize or continue the immobilization of the vehicle at the 1,963
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the 1,964
issuance of new identification license plates for the vehicle at 1,965
the end of the immobilization period the owner's until the 1,966
immobilization fee has been paid. 1,967
the owner's 1,969
(C) Upon receipt of the license plates for a vehicle under 1,971
this section, the registrar the registrar's shall destroy the 1,972
license plates. At the end of the immobilization period and upon 1,973
the payment of the immobilization fee that must be paid under 1,974
47
this section, the registrar shall authorize the release of the 1,975
vehicle and authorize the issuance, upon the payment of the same 1,976
fee as is required for the replacement of lost, mutilated, or 1,977
destroyed license plates and certificates of registration, of new 1,979
license plates and, if necessary, a new certificate of 1,980
registration to the vehicle owner for the vehicle in question. 1,981
(D)(1) If a court issues an immobilization order under 1,983
division (A) of this section, the immobilization period commences 1,985
on the day on which the vehicle in question is immobilized the 1,986
owner. If the vehicle in question had been seized under section 1,987
4507.38 or 4511.195 of the Revised Code, the time between the 1,988
seizure and the beginning of the immobilization period shall be 1,989
credited against the immobilization period specified in the 1,991
immobilization order issued under division (A) of this section. 1,992
No vehicle that is impounded under this section is eligible to 1,993
have special license plates of the type described in section 1,994
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 1,996
division (A) of this section, if the vehicle subject to the order 1,998
is immobilized under the order, and if the vehicle is found being 1,999
operated upon any street or highway of this state during the 2,000
immobilization period, it shall be seized, removed from the 2,001
street or highway, and criminally forfeited, and disposed of 2,002
pursuant to section 4503.234 of the Revised Code. No vehicle 2,003
that is forfeited under this provision shall be considered 2,004
contraband for purposes of section 2933.41, 2933.42, or 2933.43 2,005
of the Revised Code, but shall be held by the law enforcement 2,006
agency that employs the officer who seized it for disposal in 2,007
accordance with section 4503.234 of the Revised Code. 2,008
(3) If a court issues an immobilization order under 2,010
division (A) of this section, and if the vehicle is not claimed 2,012
within seven days after the end of the period of immobilization 2,013
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 2,015
48
vehicle shall send a written notice to the vehicle owner at the 2,016
vehicle owner's last known address informing the vehicle owner of 2,017
the date on which the period of immobilization ended, that the 2,018
owner the owner's the vehicle owner has twenty days after the 2,019
date of the notice to pay the immobilization fee and obtain the 2,021
release of the vehicle, and that if the owner the owner's the 2,022
vehicle owner does not pay the fee and obtain the release of the 2,023
vehicle within that twenty-day period, the vehicle will be 2,024
forfeited under section 4503.234 of the Revised Code to the 2,025
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 2,027
immobilization order issued under division (A) of this section 2,029
shall not sell the motor vehicle without approval of the court 2,030
that issued the order. If such an owner wishes to sell such a 2,031
the motor vehicle during the immobilization period, the owner 2,032
shall apply to the court that issued the immobilization order for 2,033
permission to assign the title to the vehicle. If the court is 2,035
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 2,036
this section, it may certify its consent to the owner and to the 2,037
registrar. Upon receipt of the court's consent, the registrar 2,038
shall enter the court's notice in the owner's vehicle license 2,039
plate registration record.
If, during a period of immobilization under an 2,041
immobilization order issued under division (A) of this section, 2,043
the title to the immobilized motor vehicle is transferred by the 2,044
foreclosure of a chattel mortgage, a sale upon execution, the 2,045
cancellation of a conditional sales contract, or an order of a 2,046
court, the involved court shall notify the registrar of the 2,047
action, and the registrar shall enter the court's notice in the 2,048
owner's vehicle license plate registration record. 2,049
Nothing in this section shall be construed as requiring the 2,051
registrar or the clerk of the court of common pleas to note upon 2,052
the certificate of title records any prohibition regarding the 2,053
49
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 2,055
immobilization order under division (A) of this section is 2,057
assigned or transferred without court approval between the time 2,058
of arrest of the person who was operating the vehicle at the time 2,059
of the offense for which such an order is to be issued and the 2,060
time of the actual immobilization of the vehicle, the court shall 2,061
order that, for a period of two years from the date of the order, 2,062
neither the registrar nor any deputy registrar shall accept an 2,063
application for the registration of any motor vehicle in the name 2,064
of the owner of the vehicle that was assigned or transferred 2,065
without court approval. The court shall notify the registrar of 2,066
the order on a form prescribed by the registrar for that purpose. 2,067
(E)(1) The court with jurisdiction over the case, after 2,069
notice to all interested parties including lienholders, and after 2,070
an opportunity for them to be heard, if the vehicle owner fails 2,071
to appear in person, without good cause, or if the court finds 2,072
that the vehicle owner does not intend to seek release of the 2,073
vehicle at the end of the period of immobilization or that the 2,074
vehicle owner is not or will not be able to pay the expenses and 2,075
charges incurred in its removal and storage, may order that title 2,076
to the vehicle be transferred, in order of priority, first into 2,077
the name of the entity entitled to the immobilization fee under 2,078
division (A)(6) of this section, next into the name of a 2,079
lienholder, or lastly, into the name of the owner of the place of 2,080
storage. 2,081
A lienholder that receives title under a court order shall 2,084
do so on the condition that it pay any expenses or charges 2,085
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 2,086
to the immobilization fee under division (A)(6) of this section, 2,087
it shall receive title on the condition that it pay any lien on 2,088
the vehicle. The court shall not order that title be transferred 2,089
to any person or entity other than the owner of the place of 2,090
50
storage if the person or entity refuses to receive the title. 2,091
Any person or entity that receives title may either keep title to 2,092
the vehicle or may dispose of the vehicle in any legal manner 2,093
that it considers appropriate, including assignment of the 2,094
certificate of title to the motor vehicle to a salvage dealer or 2,095
a scrap metal processing facility. The person or entity shall 2,096
not transfer the vehicle to the person who is the vehicle's 2,097
immediate previous owner. 2,098
If the person or entity assigns the motor vehicle to a 2,100
salvage dealer or scrap metal processing facility, the person or 2,102
entity shall send the assigned certificate of title to the motor 2,103
vehicle to the clerk of the court of common pleas of the county 2,104
in which the salvage dealer or scrap metal processing facility is 2,105
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 2,106
deliver a photocopy of the certificate of title to the salvage 2,107
dealer or scrap metal processing facility for its records. 2,108
(2) Whenever a court issues an order under division (E)(1) 2,110
of this section, the court also shall order removal of the 2,111
license plates from the vehicle and cause them to be sent to the 2,112
registrar if they have not already been sent to the registrar. 2,113
Thereafter, no further proceedings shall take place under this 2,114
section, but the vehicle owner remains liable for payment of the 2,115
immobilization fee described in division (A)(4) of this section 2,116
if an immobilization order previously had been issued by the 2,117
court.
(3) Prior to initiating a proceeding under division (E)(1) 2,119
of this section, and upon payment of the fee under division (B) 2,120
of section 4505.14 of the Revised Code, any interested party may 2,121
cause a search to be made of the public records of the bureau of 2,122
motor vehicles or the clerk of the court of common pleas, to 2,123
ascertain the identity of any lienholder of the vehicle. The 2,124
initiating party shall furnish this information to the clerk of 2,125
the court with jurisdiction over the case, and the clerk shall 2,127
51
provide notice to the vehicle owner, the defendant, any 2,128
lienholder, and any other interested parties listed by the 2,129
initiating party, at the last known address supplied by the 2,130
initiating party, by certified mail or, at the option of the 2,131
initiating party, by personal service or ordinary mail. 2,132
As used in this section, "interested party" includes the 2,134
vehicle owner, all lienholders, the defendant, the owner of the 2,135
place of storage, the person or entity that caused the vehicle to 2,136
be removed, and the person or entity, if any, entitled to the 2,137
immobilization fee under division (A)(6) of this section. 2,138
Sec. 4507.164. (A) Except as provided in divisions (C) to 2,147
(E) of this section, when the license of any person is suspended 2,148
or revoked pursuant to any provision of the Revised Code other 2,149
than division (B) of section 4507.16 of the Revised Code, the 2,151
trial judge may impound the identification license plates of any
motor vehicle registered in the name of the person. 2,152
(B)(1) When the license of any person is suspended or 2,154
revoked pursuant to division (B)(1) of section 4507.16 of the 2,155
Revised Code, the trial judge of the court of record or the mayor 2,156
of the mayor's court that suspended or revoked the license may 2,157
impound the identification license plates of any motor vehicle 2,158
registered in the name of the person. 2,159
(2) When the license of any person is suspended or revoked 2,161
pursuant to division (B)(2) or (3) of section 4507.16 of the 2,163
Revised Code, the trial judge of the court of record that 2,164
suspended or revoked the license shall order the impoundment of 2,165
the identification license plates of the motor vehicle the 2,166
offender was operating at the time of the offense and the 2,167
immobilization of that vehicle in accordance with section 2,168
4503.233 and division (A)(2) or, (3), (6), OR (7) of section 2,171
4511.99 or division (B)(2)(a) or (b) of section 4511.193 of the 2,172
Revised Code and may impound the identification license plates of 2,173
any other motor vehicle registered in the name of the person 2,174
whose license is suspended or revoked. 2,175
52
(3) When the license of any person is suspended or revoked 2,177
pursuant to division (B)(4) of section 4507.16 of the Revised 2,179
Code, the trial judge of the court of record that suspended or 2,180
revoked the license shall order the criminal forfeiture to the 2,181
state of the motor vehicle the offender was operating at the time 2,182
of the offense in accordance with section 4503.234 and division 2,183
(A)(4) OR (8) of section 4511.99 or division (B)(2)(c) of section 2,185
4511.193 of the Revised Code and may impound the identification 2,186
license plates of any other motor vehicle registered in the name 2,187
of the person whose license is suspended or revoked. 2,188
(C)(1) When a person is convicted of or pleads guilty to a 2,190
violation of division (D)(2) of section 4507.02 of the Revised 2,191
Code or a substantially equivalent municipal ordinance and 2,192
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 2,193
(2) of section 4507.36 of the Revised Code applies, the trial 2,194
judge of the court of record or the mayor of the mayor's court 2,195
that imposes sentence shall order the immobilization of the 2,196
vehicle the person was operating at the time of the offense and 2,197
the impoundment of its identification license plates in 2,198
accordance with section 4503.233 and division (B)(1) or (2) of 2,199
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 2,200
the Revised Code and may impound the identification license 2,201
plates of any other vehicle registered in the name of that 2,202
person. 2,203
(2) When a person is convicted of or pleads guilty to a 2,205
violation of division (D)(2) of section 4507.02 of the Revised 2,206
Code or a substantially equivalent municipal ordinance and 2,207
division (B)(3) of section 4507.99 or division (C)(3) of section 2,208
4507.361 of the Revised Code applies, the trial judge of the 2,209
court of record that imposes sentence shall order the criminal 2,210
forfeiture to the state of the vehicle the person was operating 2,211
at the time of the offense in accordance with section 4503.234 2,212
and division (B)(3) of section 4507.99 or division (C)(3) of 2,213
section 4507.361 of the Revised Code and may impound the 2,214
53
identification license plates of any other vehicle registered in 2,215
the name of that person. 2,216
(D)(1) When a person is convicted of or pleads guilty to a 2,218
violation of division (B)(1) of section 4507.02 of the Revised 2,219
Code or a substantially equivalent municipal ordinance and 2,220
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 2,221
(2) of section 4507.361 of the Revised Code applies, the trial 2,222
judge of the court of record or the mayor of the mayor's court 2,223
that imposes sentence shall order the immobilization of the 2,224
vehicle the person was operating at the time of the offense and 2,225
the impoundment of its identification license plates in 2,226
accordance with section 4503.233 and division (C)(1) or (2) of 2,227
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 2,228
the Revised Code and may impound the identification license 2,229
plates of any other vehicle registered in the name of that 2,230
person. 2,231
(2) When a person is convicted of or pleads guilty to a 2,233
violation of division (B)(1) of section 4507.02 of the Revised 2,234
Code or a substantially equivalent municipal ordinance and 2,235
division (C)(3) of section 4507.99 or division (B)(3) of section 2,236
4507.361 of the Revised Code applies, the trial judge of the 2,237
court of RECORD that imposes sentence shall order the criminal 2,238
forfeiture to the state of the vehicle the person was operating 2,239
at the time of the offense in accordance with section 4503.234 2,240
and division (C)(3) of section 4507.99 or division (B)(3) of 2,241
section 4507.361 of the Revised Code and may impound the 2,242
identification license plates of any other vehicle registered in 2,243
the name of that person. 2,244
(E)(1) When a person is convicted of or pleads guilty to a 2,246
violation of section 4507.33 of the Revised Code and the person 2,247
is sentenced pursuant to division (E)(1) of section 4507.99 of 2,248
the Revised Code, the trial judge of the court of record or the 2,249
mayor of the mayor's court that imposes sentence shall order the 2,250
immobilization of the vehicle that was involved in the commission 2,251
54
of the offense and the impoundment of its identification license 2,252
plates in accordance with division (E)(1) of section 4507.99 and 2,253
section 4503.233 of the Revised Code and may impound the 2,254
identification license plates of any other vehicle registered in 2,255
the name of that person. 2,256
(2) When a person is convicted of or pleads guilty to a 2,258
violation of section 4507.33 of the Revised Code and the person 2,259
is sentenced pursuant to division (E)(2) of section 4507.99 of 2,260
the Revised Code, the trial judge of the court of record or the 2,261
mayor of the mayor's court that imposes sentence shall order the 2,262
criminal forfeiture to the state of the vehicle that was involved 2,263
in the commission of the offense in accordance with division 2,264
(E)(2) of section 4507.99 and section 4503.234 of the Revised 2,265
Code and may impound the identification license plates of any 2,266
other vehicle registered in the name of that person. 2,267
(F) Except as provided in section 4503.233 or 4503.234 of 2,269
the Revised Code, when the certificate of registration, the 2,270
identification license plates, or both have been impounded, 2,271
division (F) of section 4507.02 of the Revised Code is 2,272
applicable. 2,273
Sec. 4511.19. (A) No person shall operate any vehicle, 2,282
streetcar, or trackless trolley within this state, if any of the 2,283
following apply: 2,284
(1) The person is under the influence of alcohol, a drug 2,286
of abuse, or alcohol and a drug of abuse; 2,287
(2) The person has a concentration of ten-hundredths of 2,289
one per cent or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE 2,291
PER CENT by weight of alcohol in his THE PERSON'S blood; 2,293
(3) The person has a concentration of ten-hundredths of 2,295
one gram or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE GRAM 2,296
by weight of alcohol per two hundred ten liters of his THE 2,298
PERSON'S breath;
(4) The person has a concentration of fourteen-hundredths 2,300
of one gram or more BUT LESS THAN TWO HUNDRED 2,302
55
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM by weight of alcohol per one 2,303
hundred milliliters of his THE PERSON'S urine; 2,304
(5) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 2,307
OF ONE PER CENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S 2,308
BLOOD;
(6) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 2,311
OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL PER TWO HUNDRED TEN 2,312
LITERS OF THE PERSON'S BREATH;
(7) THE PERSON HAS A CONCENTRATION OF TWO HUNDRED 2,314
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL 2,315
PER ONE HUNDRED MILLILITERS OF THE PERSON'S URINE. 2,316
(B) No person under twenty-one years of age shall operate 2,318
any vehicle, streetcar, or trackless trolley within this state, 2,319
if any of the following apply: 2,320
(1) The person has a concentration of at least 2,322
two-hundredths of one per cent but less than ten-hundredths of 2,323
one per cent by weight of alcohol in his THE PERSON'S blood; 2,324
(2) The person has a concentration of at least 2,326
two-hundredths of one gram but less than ten-hundredths of one 2,327
gram by weight of alcohol per two hundred ten liters of his THE 2,328
PERSON'S breath; 2,329
(3) The person has a concentration of at least 2,331
twenty-eight one-thousandths of one gram but less than 2,332
fourteen-hundredths of one gram by weight of alcohol per one 2,333
hundred milliliters of his THE PERSON'S urine. 2,334
(C) In any proceeding arising out of one incident, a 2,336
person may be charged with a violation of division (A)(1) and a 2,337
violation of division (B)(1), (2), or (3) of this section, but he 2,338
THE PERSON may not be convicted of more than one violation of 2,340
these divisions. 2,341
(D)(1) In any criminal prosecution or juvenile court 2,343
proceeding for a violation of this section, of a municipal 2,344
ordinance relating to operating a vehicle while under the 2,345
influence of alcohol, a drug of abuse, or alcohol and a drug of 2,346
56
abuse, or of a municipal ordinance relating to operating a 2,347
vehicle with a prohibited concentration of alcohol in the blood, 2,348
breath, or urine, the court may admit evidence on the 2,349
concentration of alcohol, drugs of abuse, or alcohol and drugs of 2,350
abuse in the defendant's blood, breath, urine, or other bodily 2,351
substance at the time of the alleged violation as shown by 2,352
chemical analysis of the defendant's blood, urine, breath, or 2,353
other bodily substance withdrawn within two hours of the time of 2,354
the alleged violation. 2,355
When a person submits to a blood test at the request of a 2,357
police officer under section 4511.191 of the Revised Code, only a 2,358
physician, a registered nurse, or a qualified technician or 2,359
chemist shall withdraw blood for the purpose of determining its 2,360
alcohol, drug, or alcohol and drug content. This limitation does 2,361
not apply to the taking of breath or urine specimens. A 2,362
physician, a registered nurse, or a qualified technician or 2,363
chemist may refuse to withdraw blood for the purpose of 2,364
determining the alcohol, drug, or alcohol and drug content of the 2,365
blood, if in his THE opinion OF THE PHYSICIAN, NURSE, TECHNICIAN, 2,367
OR CHEMIST the physical welfare of the person would be endangered 2,368
by the withdrawing of blood.
Such bodily substance shall be analyzed in accordance with 2,370
methods approved by the director of health by an individual 2,371
possessing a valid permit issued by the director of health 2,372
pursuant to section 3701.143 of the Revised Code. 2,373
(2) In a criminal prosecution or juvenile court proceeding 2,375
for a violation of division (A) of this section, of a municipal 2,376
ordinance relating to operating a vehicle while under the 2,377
influence of alcohol, a drug of abuse, or alcohol and a drug of 2,378
abuse, or of a municipal ordinance substantially equivalent to 2,379
division (A) of this section relating to operating a vehicle with 2,380
a prohibited concentration of alcohol in the blood, breath, or 2,381
urine, if there was at the time the bodily substance was 2,382
withdrawn a concentration of less than ten-hundredths of one per 2,383
57
cent by weight of alcohol in the defendant's blood, less than 2,384
ten-hundredths of one gram by weight of alcohol per two hundred 2,385
ten liters of his THE DEFENDANT'S breath, or less than 2,386
fourteen-hundredths of one gram by weight of alcohol per one 2,388
hundred milliliters of his THE DEFENDANT'S urine, such fact may 2,390
be considered with other competent evidence in determining the 2,391
guilt or innocence of the defendant. This division does not 2,392
limit or affect a criminal prosecution or juvenile court 2,393
proceeding for a violation of division (B) of this section or of 2,394
a municipal ordinance substantially equivalent to division (B) of 2,395
this section relating to operating a vehicle with a prohibited 2,396
concentration of alcohol in the blood, breath, or urine. 2,397
(3) Upon the request of the person who was tested, the 2,399
results of the chemical test shall be made available to him, his 2,400
THE PERSON OR THE PERSON'S attorney, or his agent, immediately 2,402
upon the completion of the chemical test analysis. 2,403
The person tested may have a physician, a registered nurse, 2,405
or a qualified technician or chemist of his THE PERSON'S own 2,406
choosing administer a chemical test or tests in addition to any 2,408
administered at the request of a police officer, and shall be so 2,409
advised. The failure or inability to obtain an additional 2,410
chemical test by a person shall not preclude the admission of 2,411
evidence relating to the chemical test or tests taken at the 2,412
request of a police officer. 2,413
(4) Any physician, registered nurse, or qualified 2,415
technician or chemist who withdraws blood from a person pursuant 2,416
to this section, and any hospital, first-aid station, or clinic 2,417
at which blood is withdrawn from a person pursuant to this 2,418
section, is immune from criminal liability, and from civil 2,419
liability that is based upon a claim of assault and battery or 2,420
based upon any other claim that is not in the nature of a claim 2,421
of malpractice, for any act performed in withdrawing blood from 2,422
the person. 2,423
Sec. 4511.191. (A) Any person who operates a vehicle upon 2,432
58
a highway or any public or private property used by the public 2,433
for vehicular travel or parking within this state shall be deemed 2,434
to have given consent to a chemical test or tests of the person's 2,436
blood, breath, or urine for the purpose of determining the 2,437
alcohol, drug, or alcohol and drug content of the person's blood, 2,438
breath, or urine if arrested for operating a vehicle while under 2,440
the influence of alcohol, a drug of abuse, or alcohol and a drug 2,441
of abuse or for operating a vehicle with a prohibited 2,442
concentration of alcohol in the blood, breath, or urine. The 2,443
chemical test or tests shall be administered at the request of a 2,444
police officer having reasonable grounds to believe the person to 2,445
have been operating a vehicle upon a highway or any public or 2,446
private property used by the public for vehicular travel or 2,447
parking in this state while under the influence of alcohol, a 2,448
drug of abuse, or alcohol and a drug of abuse or with a 2,449
prohibited concentration of alcohol in the blood, breath, or 2,450
urine. The law enforcement agency by which the officer is 2,451
employed shall designate which of the tests shall be
administered. 2,452
(B) Any person who is dead or unconscious, or who is 2,454
otherwise in a condition rendering the person incapable of 2,455
refusal, shall be deemed not to have withdrawn consent as 2,457
provided by division (A) of this section and the test or tests 2,458
may be administered, subject to sections 313.12 to 313.16 of the 2,459
Revised Code. 2,460
(C)(1) Any person under arrest for operating a vehicle 2,462
while under the influence of alcohol, a drug of abuse, or alcohol 2,463
and a drug of abuse or for operating a vehicle with a prohibited 2,464
concentration of alcohol in the blood, breath, or urine shall be 2,465
advised at a police station, or at a hospital, first-aid station, 2,466
or clinic to which the person has been taken for first-aid or 2,467
medical treatment, of both of the following: 2,468
(a) The consequences, as specified in division (E) of this 2,470
section, of the person's refusal to submit upon request to a 2,471
59
chemical test designated by the law enforcement agency as 2,473
provided in division (A) of this section; 2,474
(b) The consequences, as specified in division (F) of this 2,476
section, of the person's submission to the designated chemical 2,478
test if the person is found to have a prohibited concentration of 2,479
alcohol in the blood, breath, or urine. 2,480
(2)(a) The advice given pursuant to division (C)(1) of 2,482
this section shall be in a written form containing the 2,483
information described in division (C)(2)(b) of this section and 2,484
shall be read to the person. The form shall contain a statement 2,485
that the form was shown to the person under arrest and read to 2,486
the person in the presence of the arresting officer and either 2,488
another police officer, a civilian police employee, or an 2,489
employee of a hospital, first-aid station, or clinic, if any, to 2,490
which the person has been taken for first-aid or medical 2,491
treatment. The witnesses shall certify to this fact by signing 2,492
the form.
(b) The form required by division (C)(2)(a) of this 2,494
section shall read as follows: 2,495
"You now are under arrest for operating a vehicle while 2,497
under the influence of alcohol, a drug of abuse, or both alcohol 2,498
and a drug of abuse and will be requested by a police officer to 2,499
submit to a chemical test to determine the concentration of 2,500
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 2,501
blood, breath, or urine. 2,502
If you refuse to submit to the requested test or if you 2,504
submit to the requested test and are found to have a prohibited 2,505
concentration of alcohol in your blood, breath, or urine, your 2,506
driver's or commercial driver's license or permit or nonresident 2,507
operating privilege immediately will be suspended for the period 2,508
of time specified by law by the officer, on behalf of the 2,509
registrar of motor vehicles. You may appeal this suspension at 2,510
your initial appearance before the court that hears the charges 2,511
against you resulting from the arrest, and your initial 2,512
60
appearance will be conducted no later than five days after the 2,513
arrest. This suspension is independent of the penalties for the 2,514
offense, and you may be subject to other penalties upon 2,515
conviction." 2,516
(D)(1) If a person under arrest as described in division 2,518
(C)(1) of this section is not asked by a police officer to submit 2,519
to a chemical test designated as provided in division (A) of this 2,520
section, the arresting officer shall seize the Ohio or 2,521
out-of-state driver's or commercial driver's license or permit of 2,522
the person and immediately forward the seized license or permit 2,523
to the court in which the arrested person is to appear on the 2,524
charge for which the person was arrested. If the arrested person 2,525
does not have the person's driver's or commercial driver's 2,526
license or permit on the person's self or in the person's 2,527
vehicle, the arresting officer shall order the arrested person to 2,529
surrender it to the law enforcement agency that employs the 2,531
officer within twenty-four hours after the arrest, and, upon the 2,532
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 2,534
person is to appear on the charge for which the person was 2,535
arrested. Upon receipt of the license or permit, the court shall 2,537
retain it pending the initial appearance of the arrested person 2,538
and any action taken under section 4511.196 of the Revised Code. 2,539
If a person under arrest as described in division (C)(1) of 2,541
this section is asked by a police officer to submit to a chemical 2,542
test designated as provided in division (A) of this section and 2,543
is advised of the consequences of the person's refusal or 2,544
submission as provided in division (C) of this section and if the 2,545
person either refuses to submit to the designated chemical test 2,546
or the person submits to the designated chemical test and the 2,547
test results indicate that the person's blood contained a 2,548
concentration of ten-hundredths of one per cent or more by weight 2,549
of alcohol, the person's breath contained a concentration of 2,550
ten-hundredths of one gram or more by weight of alcohol per two 2,551
61
hundred ten liters of the person's breath, or the person's urine 2,552
contained a concentration of fourteen-hundredths of one gram or 2,554
more by weight of alcohol per one hundred milliliters of the 2,555
person's urine at the time of the alleged offense, the arresting 2,557
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 2,559
suspension upon the person that advises the person that, 2,560
independent of any penalties or sanctions imposed upon the person 2,562
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 2,564
license or permit or nonresident operating privilege is 2,565
suspended, that the suspension takes effect immediately, that the 2,566
suspension will last at least until the person's initial 2,567
appearance on the charge that will be held within five days after 2,569
the date of the person's arrest or the issuance of a citation to 2,571
the person, and that the person may appeal the suspension at the 2,573
initial appearance; seize the Ohio or out-of-state driver's or 2,574
commercial driver's license or permit of the person; and 2,575
immediately forward the seized license or permit to the 2,576
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 2,577
self or in the person's vehicle, the arresting officer shall 2,579
order the person to surrender it to the law enforcement agency 2,580
that employs the officer within twenty-four hours after the 2,581
service of the notice of suspension, and, upon the surrender, the 2,582
officer's employing agency immediately shall forward the license 2,583
or permit to the registrar. 2,584
(b) Verify the current residence of the person and, if it 2,586
differs from that on the person's driver's or commercial driver's 2,587
license or permit, notify the registrar of the change; 2,588
(c) In addition to forwarding the arrested person's 2,590
driver's or commercial driver's license or permit to the 2,591
registrar, send to the registrar, within forty-eight hours after 2,592
the arrest of the person, a sworn report that includes all of the 2,593
62
following statements: 2,594
(i) That the officer had reasonable grounds to believe 2,596
that, at the time of the arrest, the arrested person was 2,597
operating a vehicle upon a highway or public or private property 2,598
used by the public for vehicular travel or parking within this 2,599
state while under the influence of alcohol, a drug of abuse, or 2,600
alcohol and a drug of abuse or with a prohibited concentration of 2,601
alcohol in the blood, breath, or urine; 2,602
(ii) That the person was arrested and charged with 2,604
operating a vehicle while under the influence of alcohol, a drug 2,605
of abuse, or alcohol and a drug of abuse or with operating a 2,606
vehicle with a prohibited concentration of alcohol in the blood, 2,607
breath, or urine; 2,608
(iii) That the officer asked the person to take the 2,610
designated chemical test, advised the person of the consequences 2,611
of submitting to the chemical test or refusing to take the 2,612
chemical test, and gave the person the form described in division 2,613
(C)(2) of this section; 2,614
(iv) That the person refused to submit to the chemical 2,616
test or that the person submitted to the chemical test and the 2,617
test results indicate that the person's blood contained a 2,618
concentration of ten-hundredths of one per cent or more by weight 2,620
of alcohol, the person's breath contained a concentration of 2,621
ten-hundredths of one gram or more by weight of alcohol per two 2,622
hundred ten liters of the person's breath, or the person's urine 2,623
contained a concentration of fourteen-hundredths of one gram or 2,625
more by weight of alcohol per one hundred milliliters of the 2,626
person's urine at the time of the alleged offense; 2,628
(v) That the officer served a notice of suspension upon 2,630
the person as described in division (D)(1)(a) of this section. 2,631
(2) The sworn report of an arresting officer completed 2,633
under division (D)(1)(c) of this section shall be given by the 2,634
officer to the arrested person at the time of the arrest or sent 2,635
to the person by regular first class mail by the registrar as 2,636
63
soon thereafter as possible, but no later than fourteen days 2,637
after receipt of the report. An arresting officer may give an 2,638
unsworn report to the arrested person at the time of the arrest 2,639
provided the report is complete when given to the arrested person 2,640
and subsequently is sworn to by the arresting officer. As soon 2,641
as possible, but no later than forty-eight hours after the arrest 2,642
of the person, the arresting officer shall send a copy of the 2,643
sworn report to the court in which the arrested person is to 2,644
appear on the charge for which the person was arrested. 2,645
(3) The sworn report of an arresting officer completed and 2,647
sent to the registrar and the court under divisions (D)(1)(c) and 2,648
(D)(2) of this section is prima-facie proof of the information 2,649
and statements that it contains and shall be admitted and 2,650
considered as prima-facie proof of the information and statements 2,651
that it contains in any appeal under division (H) of this section 2,652
relative to any suspension of a person's driver's or commercial 2,653
driver's license or permit or nonresident operating privilege 2,654
that results from the arrest covered by the report. 2,655
(E)(1) Upon receipt of the sworn report of an arresting 2,657
officer completed and sent to the registrar and a court pursuant 2,658
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 2,659
person who refused to take the designated chemical test, the 2,660
registrar shall enter into the registrar's records the fact that 2,662
the person's driver's or commercial driver's license or permit or 2,663
nonresident operating privilege was suspended by the arresting 2,664
officer under division (D)(1)(a) of this section and the period 2,665
of the suspension, as determined under divisions (E)(1)(a) to (d) 2,666
of this section. The suspension shall be subject to appeal as 2,667
provided in this section and shall be for whichever of the 2,668
following periods applies: 2,669
(a) If the arrested person, within five years of the date 2,671
on which the person refused the request to consent to the 2,672
chemical test, had not refused a previous request to consent to a 2,674
chemical test of the person's blood, breath, or urine to 2,675
64
determine its alcohol content, the period of suspension shall be 2,677
one year. If the person is a resident without a license or 2,678
permit to operate a vehicle within this state, the registrar 2,679
shall deny to the person the issuance of a driver's or commercial 2,680
driver's license or permit for a period of one year after the 2,681
date of the alleged violation.
(b) If the arrested person, within five years of the date 2,683
on which the person refused the request to consent to the 2,684
chemical test, had refused one previous request to consent to a 2,686
chemical test of the person's blood, breath, or urine to 2,687
determine its alcohol content, the period of suspension or denial 2,689
shall be two years.
(c) If the arrested person, within five years of the date 2,691
on which the person refused the request to consent to the 2,692
chemical test, had refused two previous requests to consent to a 2,694
chemical test of the person's blood, breath, or urine to 2,695
determine its alcohol content, the period of suspension or denial 2,697
shall be three years.
(d) If the arrested person, within five years of the date 2,699
on which the person refused the request to consent to the 2,700
chemical test, had refused three or more previous requests to 2,702
consent to a chemical test of the person's blood, breath, or 2,703
urine to determine its alcohol content, the period of suspension 2,705
or denial shall be five years. 2,706
(2) The suspension or denial imposed under division (E)(1) 2,708
of this section shall continue for the entire one-year, two-year, 2,709
three-year, or five-year period, subject to appeal as provided in 2,710
this section and subject to termination as provided in division 2,711
(K) of this section. 2,712
(F) Upon receipt of the sworn report of an arresting 2,714
officer completed and sent to the registrar and a court pursuant 2,715
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 2,716
person whose test results indicate that the person's blood 2,717
contained a concentration of ten-hundredths of one per cent or 2,719
65
more by weight of alcohol, the person's breath contained a 2,720
concentration of ten-hundredths of one gram or more by weight of 2,721
alcohol per two hundred ten liters of the person's breath, or the 2,723
person's urine contained a concentration of fourteen-hundredths 2,724
of one gram or more by weight of alcohol per one hundred 2,725
milliliters of the person's urine at the time of the alleged 2,726
offense, the registrar shall enter into the registrar's records 2,727
the fact that the person's driver's or commercial driver's 2,729
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 2,730
this section and the period of the suspension, as determined 2,731
under divisions (F)(1) to (4) of this section. The suspension 2,732
shall be subject to appeal as provided in this section and shall 2,733
be for whichever of the following periods that applies: 2,734
(1) Except when division (F)(2), (3), or (4) of this 2,736
section applies and specifies a different period of suspension or 2,737
denial, the period of the suspension or denial shall be ninety 2,738
days.
(2) If the person has been convicted, within six years of 2,740
the date the test was conducted, of one violation of division (A) 2,743
or (B) of section 4511.19 of the Revised Code, a municipal 2,744
ordinance relating to operating a vehicle while under the 2,745
influence of alcohol, a drug of abuse, or alcohol and a drug of 2,746
abuse, a municipal ordinance relating to operating a vehicle with 2,747
a prohibited concentration of alcohol in the blood, breath, or 2,748
urine, section 2903.04 of the Revised Code in a case in which the 2,749
offender was subject to the sanctions described in division (D) 2,750
of that section, or section 2903.06, 2903.07, or 2903.08 of the 2,751
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 2,752
the jury or judge found that at the time of the commission of the 2,753
offense the offender was under the influence of alcohol, a drug 2,754
of abuse, or alcohol and a drug of abuse, or a statute of the 2,755
United States or of any other state or a municipal ordinance of a 2,756
66
municipal corporation located in any other state that is 2,757
substantially similar to division (A) or (B) of section 4511.19 2,758
of the Revised Code, the period of the suspension or denial shall 2,759
be one year.
(3) If the person has been convicted, within six years of 2,761
the date the test was conducted, of two violations of a statute 2,762
or ordinance described in division (F)(2) of this section, the 2,764
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 2,766
the date the test was conducted, of more than two violations of a 2,767
statute or ordinance described in division (F)(2) of this 2,768
section, the period of the suspension or denial shall be three 2,769
years. 2,770
(G)(1) A suspension of a person's driver's or commercial 2,772
driver's license or permit or nonresident operating privilege 2,773
under division (D)(1)(a) of this section for the period of time 2,774
described in division (E) or (F) of this section is effective 2,775
immediately from the time at which the arresting officer serves 2,776
the notice of suspension upon the arrested person. Any 2,777
subsequent finding that the person is not guilty of the charge 2,778
that resulted in the person being requested to take, or in the 2,780
person taking, the chemical test or tests under division (A) of 2,781
this section affects the suspension only as described in division 2,782
(H)(2) of this section. 2,783
(2) If a person is arrested for operating a vehicle while 2,785
under the influence of alcohol, a drug of abuse, or alcohol and a 2,786
drug of abuse or for operating a vehicle with a prohibited 2,787
concentration of alcohol in the blood, breath, or urine and 2,788
regardless of whether the person's driver's or commercial 2,789
driver's license or permit or nonresident operating privilege is 2,790
or is not suspended under division (E) or (F) of this section, 2,791
the person's initial appearance on the charge resulting from the 2,792
arrest shall be held within five days of the person's arrest or 2,793
the issuance of the citation to the person, subject to any 2,794
67
continuance granted by the court pursuant to division (H)(1) of 2,796
this section regarding the issues specified in that division. 2,797
(H)(1) If a person is arrested for operating a vehicle 2,799
while under the influence of alcohol, a drug of abuse, or alcohol 2,800
and a drug of abuse or for operating a vehicle with a prohibited 2,801
concentration of alcohol in the blood, breath, or urine and if 2,802
the person's driver's or commercial driver's license or permit or 2,803
nonresident operating privilege is suspended under division (E) 2,804
or (F) of this section, the person may appeal the suspension at 2,805
the person's initial appearance on the charge resulting from the 2,808
arrest in the court in which the person will appear on that 2,809
charge. If the person appeals the suspension at the person's 2,810
initial appearance, the appeal does not stay the operation of the 2,811
suspension. Subject to division (H)(2) of this section, no court 2,812
has jurisdiction to grant a stay of a suspension imposed under 2,813
division (E) or (F) of this section, and any order issued by any 2,814
court that purports to grant a stay of any suspension imposed 2,815
under either of those divisions shall not be given administrative 2,816
effect.
If the person appeals the suspension at the person's 2,818
initial appearance, either the person or the registrar may 2,819
request a continuance of the appeal. Either the person or the 2,821
registrar shall make the request for a continuance of the appeal 2,822
at the same time as the making of the appeal. If either the 2,823
person or the registrar requests a continuance of the appeal, the 2,824
court may grant the continuance. The court also may continue the 2,825
appeal on its own motion. The granting of a continuance applies 2,826
only to the conduct of the appeal of the suspension and does not 2,827
extend the time within which the initial appearance must be 2,828
conducted, and the court shall proceed with all other aspects of 2,829
the initial appearance in accordance with its normal procedures. 2,830
Neither the request for nor the granting of a continuance stays 2,831
the operation of the suspension that is the subject of the 2,832
appeal.
68
If the person appeals the suspension at the person's 2,834
initial appearance, the scope of the appeal is limited to 2,835
determining whether one or more of the following conditions have 2,836
not been met: 2,837
(a) Whether the law enforcement officer had reasonable 2,839
ground to believe the arrested person was operating a vehicle 2,840
upon a highway or public or private property used by the public 2,841
for vehicular travel or parking within this state while under the 2,842
influence of alcohol, a drug of abuse, or alcohol and a drug of 2,843
abuse or with a prohibited concentration of alcohol in the blood, 2,844
breath, or urine and whether the arrested person was in fact 2,845
placed under arrest; 2,846
(b) Whether the law enforcement officer requested the 2,848
arrested person to submit to the chemical test designated 2,849
pursuant to division (A) of this section; 2,850
(c) Whether the arresting officer informed the arrested 2,852
person of the consequences of refusing to be tested or of 2,853
submitting to the test; 2,854
(d) Whichever of the following is applicable: 2,856
(i) Whether the arrested person refused to submit to the 2,858
chemical test requested by the officer; 2,859
(ii) Whether the chemical test results indicate that the 2,861
arrested person's blood contained a concentration of 2,862
ten-hundredths of one per cent or more by weight of alcohol, the 2,864
person's breath contained a concentration of ten-hundredths of 2,866
one gram or more by weight of alcohol per two hundred ten liters 2,867
of the person's breath, or the person's urine contained a 2,868
concentration of fourteen-hundredths of one gram or more by 2,870
weight of alcohol per one hundred milliliters of the person's 2,871
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 2,873
appearance, the judge or referee of the court or the mayor of the 2,874
mayor's court shall determine whether one or more of the 2,875
conditions specified in divisions (H)(1)(a) to (d) of this 2,876
69
section have not been met. The person who appeals the suspension 2,877
has the burden of proving, by a preponderance of the evidence, 2,878
that one or more of the specified conditions has not been met. 2,879
If during the appeal at the initial appearance the judge or 2,880
referee of the court or the mayor of the mayor's court determines 2,881
that all of those conditions have been met, the judge, referee, 2,882
or mayor shall uphold the suspension, shall continue the 2,883
suspension, and shall notify the registrar of the decision on a 2,884
form approved by the registrar. Except as otherwise provided in 2,885
division (H)(2) of this section, if the suspension is upheld or 2,886
if the person does not appeal the suspension at the person's 2,887
initial appearance under division (H)(1) of this section, the 2,888
suspension shall continue until the complaint alleging the 2,889
violation for which the person was arrested and in relation to 2,890
which the suspension was imposed is adjudicated on the merits by 2,891
the judge or referee of the trial court or by the mayor of the 2,892
mayor's court. If the suspension was imposed under division (E) 2,893
of this section and it is continued under this division, any 2,894
subsequent finding that the person is not guilty of the charge 2,895
that resulted in the person being requested to take the chemical 2,896
test or tests under division (A) of this section does not 2,897
terminate or otherwise affect the suspension. If the suspension 2,898
was imposed under division (F) of this section and it is 2,899
continued under this division, the suspension shall terminate if, 2,900
for any reason, the person subsequently is found not guilty of 2,901
the charge that resulted in the person taking the chemical test 2,902
or tests under division (A) of this section. 2,903
If, during the appeal at the initial appearance, the judge 2,905
or referee of the trial court or the mayor of the mayor's court 2,906
determines that one or more of the conditions specified in 2,907
divisions (H)(1)(a) to (d) of this section have not been met, the 2,908
judge, referee, or mayor shall terminate the suspension, subject 2,909
to the imposition of a new suspension under division (B) of 2,910
section 4511.196 of the Revised Code; shall notify the registrar 2,911
70
of the decision on a form approved by the registrar; and, except 2,912
as provided in division (B) of section 4511.196 of the Revised 2,914
Code, shall order the registrar to return the driver's or 2,915
commercial driver's license or permit to the person or to take 2,916
such measures as may be necessary, if the license or permit was 2,917
destroyed under section 4507.55 of the Revised Code, to permit 2,918
the person to obtain a replacement driver's or commercial 2,919
driver's license or permit from the registrar or a deputy 2,920
registrar in accordance with that section. The court also shall 2,921
issue to the person a court order, valid for not more than ten 2,922
days from the date of issuance, granting the person operating 2,923
privileges for that period of time.
If the person appeals the suspension at the initial 2,925
appearance, the registrar shall be represented by the prosecuting 2,926
attorney of the county in which the arrest occurred if the 2,927
initial appearance is conducted in a juvenile court or county 2,928
court, except that if the arrest occurred within a city or 2,929
village within the jurisdiction of the county court in which the 2,930
appeal is conducted, the city director of law or village 2,931
solicitor of that city or village shall represent the registrar. 2,932
If the appeal is conducted in a municipal court, the registrar 2,933
shall be represented as provided in section 1901.34 of the 2,934
Revised Code. If the appeal is conducted in a mayor's court, the 2,935
registrar shall be represented by the city director of law, 2,936
village solicitor, or other chief legal officer of the municipal 2,937
corporation that operates that mayor's court. 2,938
(I)(1) If a person's driver's or commercial driver's 2,940
license or permit or nonresident operating privilege has been 2,941
suspended pursuant to division (E) of this section, and the 2,942
person, within the preceding seven years, has refused three 2,943
previous requests to consent to a chemical test of the person's 2,945
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 2,946
of division (A) or (B) of section 4511.19 of the Revised Code, a 2,947
71
municipal ordinance relating to operating a vehicle while under 2,948
the influence of alcohol, a drug of abuse, or alcohol and a drug 2,949
of abuse, a municipal ordinance relating to operating a vehicle 2,950
with a prohibited concentration of alcohol in the blood, breath, 2,951
or urine, section 2903.04 of the Revised Code in a case in which 2,952
the person was subject to the sanctions described in division (D) 2,953
of that section, or section 2903.06, 2903.07, or 2903.08 of the 2,954
Revised Code or a municipal ordinance that is substantially 2,955
similar to section 2903.07 of the Revised Code in a case in which 2,956
the jury or judge found that the person was under the influence 2,957
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 2,958
statute of the United States or of any other state or a municipal 2,959
ordinance of a municipal corporation located in any other state 2,960
that is substantially similar to division (A) or (B) of section 2,961
4511.19 of the Revised Code, the person is not entitled to 2,962
request, and the court shall not grant to the person, 2,963
occupational driving privileges under this division. Any other 2,964
person whose driver's or commercial driver's license or 2,965
nonresident operating privilege has been suspended pursuant to 2,966
division (E) of this section may file a petition requesting 2,967
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 2,968
is a minor, juvenile court with jurisdiction over the related 2,970
criminal or delinquency case. The petition may be filed at any 2,971
time subsequent to the date on which the notice of suspension is 2,972
served upon the arrested person. The person shall pay the costs 2,973
of the proceeding, notify the registrar of the filing of the 2,974
petition, and send the registrar a copy of the petition. 2,975
In the proceedings, the registrar shall be represented by 2,977
the prosecuting attorney of the county in which the arrest 2,978
occurred if the petition is filed in the juvenile court, county 2,979
court, or common pleas court, except that, if the arrest occurred 2,980
within a city or village within the jurisdiction of the county 2,982
court in which the petition is filed, the city director of law or 2,983
72
village solicitor of that city or village shall represent the 2,984
registrar. If the petition is filed in the municipal court, the 2,985
registrar shall be represented as provided in section 1901.34 of 2,986
the Revised Code. If the petition is filed in a mayor's court, 2,987
the registrar shall be represented by the city director of law, 2,988
village solicitor, or other chief legal officer of the municipal 2,989
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 2,991
suspension would seriously affect the person's ability to 2,992
continue in the person's employment, may grant the person 2,993
occupational driving privileges during the period of suspension 2,995
imposed pursuant to division (E) of this section, subject to the 2,996
limitations contained in this division and division (I)(2) of 2,997
this section. The court may grant the occupational driving 2,998
privileges, subject to the limitations contained in this division 2,999
and division (I)(2) of this section, regardless of whether the 3,000
person appeals the suspension at the person's initial appearance 3,002
under division (H)(1) of this section or appeals the decision of 3,003
the court made pursuant to the appeal conducted at the initial 3,004
appearance, and, if the person has appealed the suspension or 3,005
decision, regardless of whether the matter at issue has been 3,006
heard or decided by the court. The court shall not grant 3,007
occupational driving privileges to any person who, within seven 3,008
years of the filing of the petition, has refused three previous 3,009
requests to consent to a chemical test of the person's blood, 3,011
breath, or urine to determine its alcohol content or has been 3,012
convicted of or pleaded guilty to three or more violations of 3,013
division (A) or (B) of section 4511.19 of the Revised Code, a 3,014
municipal ordinance relating to operating a vehicle while under 3,015
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,016
of abuse, a municipal ordinance relating to operating a vehicle 3,017
with a prohibited concentration of alcohol in the blood, breath, 3,018
or urine, section 2903.04 of the Revised Code in a case in which 3,019
the person was subject to the sanctions described in division (D) 3,020
73
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,021
Revised Code or a municipal ordinance that is substantially 3,022
similar to section 2903.07 of the Revised Code in a case in which 3,023
the jury or judge found that the person was under the influence 3,024
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,025
statute of the United States or of any other state or a municipal 3,026
ordinance of a municipal corporation located in any other state 3,027
that is substantially similar to division (A) or (B) of section 3,028
4511.19 of the Revised Code, and shall not grant occupational 3,029
driving privileges for employment as a driver of commercial motor 3,030
vehicles to any person who is disqualified from operating a 3,031
commercial motor vehicle under section 2301.374 or 4506.16 of the 3,032
Revised Code.
(2)(a) In granting occupational driving privileges under 3,034
division (I)(1) of this section, the court may impose any 3,035
condition it considers reasonable and necessary to limit the use 3,036
of a vehicle by the person. The court shall deliver to the 3,037
person a permit card, in a form to be prescribed by the court, 3,038
setting forth the time, place, and other conditions limiting the 3,039
defendant's use of a vehicle. The grant of occupational driving 3,040
privileges shall be conditioned upon the person's having the 3,041
permit in the person's possession at all times during which the 3,043
person is operating a vehicle. 3,044
A person granted occupational driving privileges who 3,046
operates a vehicle for other than occupational purposes, in 3,047
violation of any condition imposed by the court, or without 3,048
having the permit in the person's possession, is guilty of a 3,049
violation of section 4507.02 of the Revised Code. 3,051
(b) The court may not grant a person occupational driving 3,053
privileges under division (I)(1) of this section when prohibited 3,054
by a limitation contained in that division or during any of the 3,055
following periods of time: 3,056
(i) The first thirty days of suspension imposed upon a 3,058
person who, within five years of the date on which the person 3,059
74
refused the request to consent to a chemical test of the person's 3,061
blood, breath, or urine to determine its alcohol content and for 3,063
which refusal the suspension was imposed, had not refused a 3,064
previous request to consent to a chemical test of the person's 3,065
blood, breath, or urine to determine its alcohol content; 3,067
(ii) The first ninety days of suspension imposed upon a 3,069
person who, within five years of the date on which the person 3,070
refused the request to consent to a chemical test of the person's 3,072
blood, breath, or urine to determine its alcohol content and for 3,074
which refusal the suspension was imposed, had refused one 3,075
previous request to consent to a chemical test of the person's 3,076
blood, breath, or urine to determine its alcohol content; 3,078
(iii) The first year of suspension imposed upon a person 3,080
who, within five years of the date on which the person refused 3,082
the request to consent to a chemical test of the person's blood, 3,084
breath, or urine to determine its alcohol content and for which 3,085
refusal the suspension was imposed, had refused two previous 3,086
requests to consent to a chemical test of the person's blood, 3,087
breath, or urine to determine its alcohol content; 3,089
(iv) The first three years of suspension imposed upon a 3,091
person who, within five years of the date on which the person 3,092
refused the request to consent to a chemical test of the person's 3,094
blood, breath, or urine to determine its alcohol content and for 3,096
which refusal the suspension was imposed, had refused three or 3,097
more previous requests to consent to a chemical test of the 3,098
person's blood, breath, or urine to determine its alcohol 3,100
content.
(3) The court shall give information in writing of any 3,102
action taken under this section to the registrar. 3,103
(4) If a person's driver's or commercial driver's license 3,105
or permit or nonresident operating privilege has been suspended 3,106
pursuant to division (F) of this section, and the person, within 3,107
the preceding seven years, has been convicted of or pleaded 3,108
guilty to three or more violations of division (A) or (B) of 3,109
75
section 4511.19 of the Revised Code, a municipal ordinance 3,110
relating to operating a vehicle while under the influence of 3,111
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 3,112
municipal ordinance relating to operating a vehicle with a 3,113
prohibited concentration of alcohol in the blood, breath, or 3,114
urine, section 2903.04 of the Revised Code in a case in which the 3,115
person was subject to the sanctions described in division (D) of 3,116
that section, or section 2903.06, 2903.07, or 2903.08 of the 3,117
Revised Code or a municipal ordinance that is substantially 3,118
similar to section 2903.07 of the Revised Code in a case in which 3,119
the jury or judge found that the person was under the influence 3,120
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,121
statute of the United States or of any other state or a municipal 3,122
ordinance of a municipal corporation located in any other state 3,124
that is substantially similar to division (A) or (B) of section 3,125
4511.19 of the Revised Code, the person is not entitled to 3,126
request, and the court shall not grant to the person, 3,127
occupational driving privileges under this division. Any other 3,128
person whose driver's or commercial driver's license or 3,129
nonresident operating privilege has been suspended pursuant to 3,130
division (F) of this section may file in the court specified in 3,131
division (I)(1) of this section a petition requesting 3,132
occupational driving privileges in accordance with section 3,133
4507.16 of the Revised Code. The petition may be filed at any 3,134
time subsequent to the date on which the arresting officer serves 3,135
the notice of suspension upon the arrested person. Upon the 3,136
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 3,137
The court may grant the occupational driving privileges, subject 3,138
to the limitations contained in section 4507.16 of the Revised 3,139
Code, regardless of whether the person appeals the suspension at 3,140
the person's initial appearance under division (H)(1) of this 3,142
section or appeals the decision of the court made pursuant to the 3,143
appeal conducted at the initial appearance, and, if the person 3,144
76
has appealed the suspension or decision, regardless of whether 3,145
the matter at issue has been heard or decided by the court. 3,146
(J) When it finally has been determined under the 3,148
procedures of this section that a nonresident's privilege to 3,149
operate a vehicle within this state has been suspended, the 3,150
registrar shall give information in writing of the action taken 3,151
to the motor vehicle administrator of the state of the person's 3,152
residence and of any state in which the person has a license. 3,153
(K) A suspension of the driver's or commercial driver's 3,155
license or permit of a resident, a suspension of the operating 3,156
privilege of a nonresident, or a denial of a driver's or 3,157
commercial driver's license or permit pursuant to division (E) or 3,159
(F) of this section shall be terminated by the registrar upon 3,161
receipt of notice of the person's entering a plea of guilty to, 3,162
or of the person's conviction of, operating a vehicle while under 3,164
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,165
of abuse or with a prohibited concentration of alcohol in the 3,166
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 3,167
incident that led to the suspension or denial. 3,168
The registrar shall credit against any judicial suspension 3,170
of a person's driver's or commercial driver's license or permit 3,171
or nonresident operating privilege imposed pursuant to division 3,172
(B) or (E) of section 4507.16 of the Revised Code any time during 3,173
which the person serves a related suspension imposed pursuant to 3,174
division (E) or (F) of this section. 3,175
(L) At the end of a suspension period under this section, 3,177
section 4511.196, or division (B) of section 4507.16 of the 3,178
Revised Code and upon the request of the person whose driver's or 3,179
commercial driver's license or permit was suspended and who is 3,180
not otherwise subject to suspension, revocation, or 3,181
disqualification, the registrar shall return the driver's or 3,182
commercial driver's license or permit to the person upon the 3,183
person's compliance with all of the conditions specified in 3,185
77
divisions (L)(1) and (2) of this section: 3,186
(1) A showing by the person that the person has proof of 3,188
financial responsibility, a policy of liability insurance in 3,190
effect that meets the minimum standards set forth in section 3,191
4509.51 of the Revised Code, or proof, to the satisfaction of the 3,192
registrar, that the person is able to respond in damages in an 3,193
amount at least equal to the minimum amounts specified in section 3,194
4509.51 of the Revised Code. 3,195
(2) Subject to the limitation contained in division (L)(3) 3,198
of this section, payment by the person of a license reinstatement 3,199
fee of four hundred five dollars to the bureau of motor vehicles, 3,202
which fee shall be deposited in the state treasury and credited 3,203
as follows: 3,204
(a) One hundred twelve dollars and fifty cents shall be 3,207
credited to the drivers' treatment and intervention fund, which 3,208
is hereby established. The fund shall be used to pay the costs 3,209
of driver treatment and intervention programs operated pursuant 3,210
to sections 3793.02 and 3793.10 of the Revised Code. The 3,211
director of alcohol and drug addiction services shall determine 3,212
the share of the fund that is to be allocated to alcohol and drug 3,213
addiction programs authorized by section 3793.02 of the Revised 3,214
Code, and the share of the fund that is to be allocated to 3,215
drivers' intervention programs authorized by section 3793.10 of 3,216
the Revised Code.
(b) Seventy-five dollars shall be credited to the 3,218
reparations fund created by section 2743.191 of the Revised Code. 3,220
(c) Thirty-seven dollars and fifty cents shall be credited 3,223
to the indigent drivers alcohol treatment fund, which is hereby 3,224
established. Except as otherwise provided in division (L)(2)(c) 3,226
of this section, moneys in the fund shall be distributed by the 3,227
department of alcohol and drug addiction services to the county 3,228
indigent drivers alcohol treatment funds, the county juvenile 3,229
indigent drivers alcohol treatment funds, and the municipal 3,230
indigent drivers alcohol treatment funds that are required to be 3,231
78
established by counties and municipal corporations pursuant to 3,232
division (N) of this section, and shall be used only to pay the 3,233
cost of an alcohol and drug addiction treatment program attended 3,234
by an offender or juvenile traffic offender who is ordered to 3,235
attend an alcohol and drug addiction treatment program by a 3,236
county, juvenile, or municipal court judge and who is determined 3,237
by the county, juvenile, or municipal court judge not to have the 3,238
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 3,239
that division. Moneys in the fund that are not distributed to a 3,241
county indigent drivers alcohol treatment fund, a county juvenile 3,242
indigent drivers alcohol treatment fund, or a municipal indigent 3,243
drivers alcohol treatment fund under division (N) of this section 3,244
because the director of alcohol and drug addiction services does 3,245
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 3,246
arrested may be transferred by the director of budget and 3,247
management to the drivers' treatment and intervention fund, 3,248
created in division (L)(2)(a) of this section, upon certification 3,249
of the amount by the director of alcohol and drug addiction 3,250
services.
(d) Seventy-five dollars shall be credited to the Ohio 3,252
rehabilitation services commission established by section 3304.12 3,253
of the Revised Code, to the services for rehabilitation fund, 3,254
which is hereby established. The fund shall be used to match 3,255
available federal matching funds where appropriate, and for any 3,256
other purpose or program of the commission to rehabilitate people 3,257
with disabilities to help them become employed and independent. 3,258
(e) Seventy-five dollars shall be deposited into the state 3,261
treasury and credited to the drug abuse resistance education 3,262
programs fund, which is hereby established, to be used by the 3,263
attorney general for the purposes specified in division (L)(4) of 3,265
this section.
(f) Thirty dollars shall be credited to the state bureau 3,267
79
of motor vehicles fund created by section 4501.25 of the Revised 3,268
Code.
(3) If a person's driver's or commercial driver's license 3,270
or permit is suspended under division (E) or (F) of this section, 3,272
section 4511.196, or division (B) of section 4507.16 of the 3,273
Revised Code, or any combination of the suspensions described in 3,274
division (L)(3) of this section, and if the suspensions arise 3,275
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 3,276
required to pay to the bureau, only one reinstatement fee of four 3,277
hundred five dollars. The reinstatement fee shall be distributed 3,278
by the bureau in accordance with division (L)(2) of this section. 3,279
(4) The attorney general shall use amounts in the drug 3,281
abuse resistance education programs fund to award grants to law 3,282
enforcement agencies to establish and implement drug abuse 3,283
resistance education programs in public schools. Grants awarded 3,284
to a law enforcement agency under division (L)(2)(e) of this 3,285
section shall be used by the agency to pay for not more than 3,286
fifty per cent of the amount of the salaries of law enforcement 3,287
officers who conduct drug abuse resistance education programs in 3,288
public schools. The attorney general shall not use more than six 3,289
per cent of the amounts the attorney general's office receives 3,291
under division (L)(2)(e) of this section to pay the costs it 3,292
incurs in administering the grant program established by division 3,293
(L)(2)(e) of this section and in providing training and materials 3,294
relating to drug abuse resistance education programs. 3,295
The attorney general shall report to the governor and the 3,297
general assembly each fiscal year on the progress made in 3,298
establishing and implementing drug abuse resistance education 3,299
programs. These reports shall include an evaluation of the 3,300
effectiveness of these programs. 3,301
(M) Suspension of a commercial driver's license under 3,303
division (E) or (F) of this section shall be concurrent with any 3,304
period of disqualification under section 2301.374 or 4506.16 of 3,305
80
the Revised Code. No person who is disqualified for life from 3,306
holding a commercial driver's license under section 4506.16 of 3,307
the Revised Code shall be issued a driver's license under Chapter 3,308
4507. of the Revised Code during the period for which the 3,309
commercial driver's license was suspended under division (E) or 3,310
(F) of this section, and no person whose commercial driver's 3,311
license is suspended under division (E) or (F) of this section 3,312
shall be issued a driver's license under that chapter during the 3,313
period of the suspension. 3,314
(N)(1) Each county shall establish an indigent drivers 3,316
alcohol treatment fund, each county shall establish a juvenile 3,317
indigent drivers alcohol treatment fund, and each municipal 3,318
corporation in which there is a municipal court shall establish 3,319
an indigent drivers alcohol treatment fund. All revenue that the 3,320
general assembly appropriates to the indigent drivers alcohol 3,321
treatment fund for transfer to a county indigent drivers alcohol 3,322
treatment fund, a county juvenile indigent drivers alcohol 3,323
treatment fund, or a municipal indigent drivers alcohol treatment 3,324
fund, all portions of fees that are paid under division (L) of 3,325
this section and that are credited under that division to the 3,326
indigent drivers alcohol treatment fund in the state treasury for 3,327
a county indigent drivers alcohol treatment fund, a county 3,328
juvenile indigent drivers alcohol treatment fund, or a municipal 3,329
indigent drivers alcohol treatment fund, and all portions of 3,330
fines that are specified for deposit into a county or municipal 3,331
indigent drivers alcohol treatment fund by section 4511.193 of 3,332
the Revised Code shall be deposited into that county indigent 3,333
drivers alcohol treatment fund, county juvenile indigent drivers 3,334
alcohol treatment fund, or municipal indigent drivers alcohol 3,335
treatment fund in accordance with division (N)(2) of this 3,336
section. Additionally, all portions of fines that are paid for a 3,337
violation of section 4511.19 of the Revised Code or division 3,338
(B)(2) of section 4507.02 of the Revised Code, and that are 3,339
required under division (A)(1) or, (2), (5), OR (6) of section 3,341
81
4511.99 or division (B)(5) of section 4507.99 of the Revised Code 3,342
to be deposited into a county indigent drivers alcohol treatment 3,343
fund or municipal indigent drivers alcohol treatment fund shall 3,344
be deposited into the appropriate fund in accordance with the 3,345
applicable division. 3,346
(2) That portion of the license reinstatement fee that is 3,348
paid under division (L) of this section and that is credited 3,349
under that division to the indigent drivers alcohol treatment 3,350
fund shall be deposited into a county indigent drivers alcohol 3,351
treatment fund, a county juvenile indigent drivers alcohol 3,352
treatment fund, or a municipal indigent drivers alcohol treatment 3,353
fund as follows: 3,354
(a) If the suspension in question was imposed under this 3,356
section, that portion of the fee shall be deposited as follows: 3,357
(i) If the fee is paid by a person who was charged in a 3,359
county court with the violation that resulted in the suspension, 3,360
the portion shall be deposited into the county indigent drivers 3,361
alcohol treatment fund under the control of that court; 3,362
(ii) If the fee is paid by a person who was charged in a 3,364
juvenile court with the violation that resulted in the 3,365
suspension, the portion shall be deposited into the county 3,366
juvenile indigent drivers alcohol treatment fund established in 3,367
the county served by the court; 3,368
(iii) If the fee is paid by a person who was charged in a 3,370
municipal court with the violation that resulted in the 3,371
suspension, the portion shall be deposited into the municipal 3,372
indigent drivers alcohol treatment fund under the control of that 3,373
court. 3,374
(b) If the suspension in question was imposed under 3,376
division (B) of section 4507.16 of the Revised Code, that portion 3,377
of the fee shall be deposited as follows: 3,378
(i) If the fee is paid by a person whose license or permit 3,380
was suspended by a county court, the portion shall be deposited 3,381
into the county indigent drivers alcohol treatment fund under the 3,382
82
control of that court; 3,383
(ii) If the fee is paid by a person whose license or 3,385
permit was suspended by a municipal court, the portion shall be 3,386
deposited into the municipal indigent drivers alcohol treatment 3,387
fund under the control of that court. 3,388
(3) Expenditures from a county indigent drivers alcohol 3,390
treatment fund, a county juvenile indigent drivers alcohol 3,391
treatment fund, or a municipal indigent drivers alcohol treatment 3,392
fund shall be made only upon the order of a county, juvenile, or 3,393
municipal court judge and only for payment of the cost of the 3,394
attendance at an alcohol and drug addiction treatment program of 3,395
a person who is convicted of, or found to be a juvenile traffic 3,396
offender by reason of, a violation of division (A) of section 3,397
4511.19 of the Revised Code or a substantially similar municipal 3,398
ordinance, who is ordered by the court to attend the alcohol and 3,399
drug addiction treatment program, and who is determined by the 3,400
court to be unable to pay the cost of attendance at the treatment 3,402
program or for payment of the costs specified in division (N)(4) 3,403
of this section in accordance with that division. The alcohol 3,404
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 3,406
section 340.02 or 340.021 of the Revised Code and serving the 3,408
alcohol, drug addiction, and mental health service district in 3,409
which the court is located shall administer the indigent drivers 3,410
alcohol treatment program of the court. When a court orders an 3,411
offender or juvenile traffic offender to attend an alcohol and 3,412
drug addiction treatment program, the board shall determine which 3,413
program is suitable to meet the needs of the offender or juvenile 3,414
traffic offender, and when a suitable program is located and 3,415
space is available at the program, the offender or juvenile 3,416
traffic offender shall attend the program designated by the 3,417
board. A reasonable amount not to exceed five per cent of the 3,418
amounts credited to and deposited into the county indigent 3,419
drivers alcohol treatment fund, the county juvenile indigent 3,420
83
drivers alcohol treatment fund, or the municipal indigent drivers 3,421
alcohol treatment fund serving every court whose program is 3,422
administered by that board shall be paid to the board to cover 3,423
the costs it incurs in administering those indigent drivers 3,424
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 3,426
in consultation with the alcohol and drug addiction services 3,427
board or the board of alcohol, drug addiction, and mental health 3,428
services established pursuant to section 340.02 or 340.021 of the 3,429
Revised Code and serving the alcohol, drug addiction, and mental 3,431
health district in which the court is located, that the funds in 3,432
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 3,433
municipal indigent drivers alcohol treatment fund under the 3,434
control of the court are more than sufficient to satisfy the 3,435
purpose for which the fund was established, as specified in 3,436
divisions (N)(1) to (3) of this section, the court may declare a 3,437
surplus in the fund. If the court declares a surplus in the 3,438
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 3,439
who are charged in the court with committing a criminal offense 3,440
or with being a delinquent child or juvenile traffic offender and 3,441
in relation to whom both of the following apply: 3,442
(a) The court determines that substance abuse was a 3,444
contributing factor leading to the criminal or delinquent 3,445
activity or the juvenile traffic offense with which the person is 3,446
charged.
(b) The court determines that the person is unable to pay 3,449
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 3,450
Sec. 4511.99. (A) Whoever violates division (A)(1), (2), 3,459
(3), OR (4) of section 4511.19 of the Revised Code, in addition 3,460
to the license suspension or revocation provided in section 3,461
4507.16 of the Revised Code and any disqualification imposed 3,462
84
under section 4506.16 of the Revised Code, shall be punished as 3,463
provided in division (A)(1), (2), (3), or (4) of this section. 3,464
WHOEVER VIOLATES DIVISION (A)(5), (6), OR (7) OF SECTION 4511.19 3,467
OF THE REVISED CODE, IN ADDITION TO THE LICENSE SUSPENSION OR 3,469
REVOCATION PROVIDED IN SECTION 4507.16 OF THE REVISED CODE AND 3,471
ANY DISQUALIFICATION IMPOSED UNDER SECTION 4506.16 OF THE REVISED 3,473
CODE, SHALL BE PUNISHED AS PROVIDED IN DIVISION (A)(5), (6), (7), 3,476
OR (8) OF THIS SECTION.
(1) Except as otherwise provided in division (A)(2), (3), 3,478
or (4) of this section, the offender is guilty of a misdemeanor 3,479
of the first degree, and the court shall sentence the offender to 3,480
a term of imprisonment of three consecutive days and may sentence 3,481
the offender pursuant to section 2929.21 of the Revised Code to a 3,482
longer term of imprisonment. In addition, the court shall impose 3,483
upon the offender a fine of not less than two hundred and not 3,484
more than one thousand dollars. 3,485
The court may suspend the execution of the mandatory three 3,487
consecutive days of imprisonment that it is required to impose by 3,488
this division, if the court, in lieu of the suspended term of 3,489
imprisonment, places the offender on probation and requires the 3,490
offender to attend, for three consecutive days, a drivers' 3,491
intervention program that is certified pursuant to section 3,492
3793.10 of the Revised Code. The court also may suspend the 3,493
execution of any part of the mandatory three consecutive days of 3,494
imprisonment that it is required to impose by this division, if 3,495
the court places the offender on probation for part of the three 3,496
consecutive days; requires the offender to attend, for that part 3,497
of the three consecutive days, a drivers' intervention program 3,498
that is certified pursuant to section 3793.10 of the Revised 3,499
Code; and sentences the offender to a term of imprisonment equal 3,500
to the remainder of the three consecutive days that the offender 3,501
does not spend attending the drivers' intervention program. The 3,502
court may require the offender, as a condition of probation, to 3,503
attend and satisfactorily complete any treatment or education 3,504
85
programs that comply with the minimum standards adopted pursuant 3,505
to Chapter 3793. of the Revised Code by the director of alcohol 3,506
and drug addiction services, in addition to the required 3,507
attendance at a drivers' intervention program, that the operators 3,508
of the drivers' intervention program determine that the offender 3,509
should attend and to report periodically to the court on the 3,510
offender's progress in the programs. The court also may impose 3,511
any other conditions of probation on the offender that it 3,512
considers necessary. 3,513
Of the fine imposed pursuant to this division, twenty-five 3,515
dollars shall be paid to an enforcement and education fund 3,516
established by the legislative authority of the law enforcement 3,517
agency in this state that primarily was responsible for the 3,518
arrest of the offender, as determined by the court that imposes 3,519
the fine. This share shall be used by the agency to pay only 3,520
those costs it incurs in enforcing section 4511.19 of the Revised 3,521
Code or a substantially similar municipal ordinance and in 3,522
informing the public of the laws governing the operation of a 3,523
motor vehicle while under the influence of alcohol, the dangers 3,524
of operating a motor vehicle while under the influence of 3,525
alcohol, and other information relating to the operation of a 3,526
motor vehicle and the consumption of alcoholic beverages. 3,527
Twenty-five dollars of the fine imposed pursuant to this division 3,528
shall be deposited into the county indigent drivers alcohol 3,529
treatment fund or municipal indigent drivers alcohol treatment 3,530
fund under the control of that court, as created by the county or 3,531
municipal corporation pursuant to division (N) of section 3,532
4511.191 of the Revised Code. The balance of the fine shall be 3,533
disbursed as otherwise provided by law. 3,534
(2)(a) Except as otherwise provided in division (A)(4) of 3,537
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 3,538
pleaded guilty to one violation of division (A) or (B) of section 3,540
4511.19 of the Revised Code, a municipal ordinance relating to 3,541
86
operating a vehicle while under the influence of alcohol, a drug 3,542
of abuse, or alcohol and a drug of abuse, a municipal ordinance 3,543
relating to operating a vehicle with a prohibited concentration 3,544
of alcohol in the blood, breath, or urine, section 2903.04 of the 3,545
Revised Code in a case in which the offender was subject to the 3,546
sanctions described in division (D) of that section, section 3,547
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 3,548
ordinance that is substantially similar to section 2903.07 of the 3,549
Revised Code in a case in which the jury or judge found that the 3,550
offender was under the influence of alcohol, a drug of abuse, or 3,551
alcohol and a drug of abuse, or a statute of the United States or 3,552
of any other state or a municipal ordinance of a municipal 3,553
corporation located in any other state that is substantially 3,554
similar to division (A) or (B) of section 4511.19 of the Revised 3,555
Code, the offender is guilty of a misdemeanor of the first 3,556
degree, and, except as provided in this division, the court shall 3,557
sentence the offender to a term of imprisonment of ten 3,558
consecutive days and may sentence the offender pursuant to 3,559
section 2929.21 of the Revised Code to a longer term of 3,560
imprisonment. As an alternative to the term of imprisonment 3,561
required to be imposed by this division, but subject to division 3,562
(A)(8)(12) of this section, the court may impose upon the 3,563
offender a sentence consisting of both a term of imprisonment of 3,564
five consecutive days and not less than eighteen consecutive days 3,565
of electronically monitored house arrest as defined in division 3,566
(A) of section 2929.23 of the Revised Code. The five consecutive 3,567
days of imprisonment and the period of electronically monitored 3,568
house arrest shall not exceed six months. The five consecutive 3,569
days of imprisonment do not have to be served prior to or 3,570
consecutively with the period of electronically monitored house 3,571
arrest.
In addition, the court shall impose upon the offender a 3,573
fine of not less than three hundred and not more than one 3,574
thousand five hundred dollars. 3,575
87
In addition to any other sentence that it imposes upon the 3,577
offender, the court may require the offender to attend a drivers' 3,578
intervention program that is certified pursuant to section 3,579
3793.10 of the Revised Code. If the officials of the drivers' 3,580
intervention program determine that the offender is alcohol 3,581
dependent, they shall notify the court, and the court shall order 3,582
the offender to obtain treatment through an alcohol and drug 3,583
addiction program authorized by section 3793.02 of the Revised 3,584
Code. The cost of the treatment shall be paid by the offender. 3,585
Of the fine imposed pursuant to this division, thirty-five 3,587
dollars shall be paid to an enforcement and education fund 3,588
established by the legislative authority of the law enforcement 3,589
agency in this state that primarily was responsible for the 3,590
arrest of the offender, as determined by the court that imposes 3,591
the fine. This share shall be used by the agency to pay only 3,592
those costs it incurs in enforcing division (A) of section 3,593
4511.19 of the Revised Code or a substantially similar municipal 3,594
ordinance and in informing the public of the laws governing the 3,595
operation of a motor vehicle while under the influence of 3,596
alcohol, the dangers of operating a motor vehicle while under the 3,597
influence of alcohol, and other information relating to the 3,598
operation of a motor vehicle and the consumption of alcoholic 3,599
beverages. Sixty-five dollars of the fine imposed pursuant to 3,600
this division shall be paid to the political subdivision 3,601
responsible for housing the offender during the offender's term 3,603
of incarceration. This share shall be used by the political 3,604
subdivision to pay or reimburse incarceration costs it incurs in 3,605
housing persons who violate section 4511.19 of the Revised Code 3,606
or a substantially similar municipal ordinance and to pay for 3,607
ignition interlock devices and electronic house arrest equipment 3,608
for persons who violate that section, and shall be paid to the 3,609
credit of the fund that pays the cost of the incarceration. 3,610
Fifty dollars of the fine imposed pursuant to this division shall 3,611
be deposited into the county indigent drivers alcohol treatment 3,612
88
fund or municipal indigent drivers alcohol treatment fund under 3,613
the control of that court, as created by the county or municipal 3,614
corporation pursuant to division (N) of section 4511.191 of the 3,615
Revised Code. The balance of the fine shall be disbursed as 3,616
otherwise provided by law. 3,617
(b) Regardless of whether the vehicle the offender was 3,619
operating at the time of the offense is registered in the 3,620
offender's name or in the name of another person, the court, in 3,622
addition to the penalties imposed under division (A)(2)(a) of 3,623
this section and all other penalties provided by law and subject 3,624
to section 4503.235 of the Revised Code, shall order the 3,625
immobilization for ninety days of the vehicle the offender was 3,626
operating at the time of the offense and the impoundment for 3,627
ninety days of the identification license plates of that vehicle. 3,628
The order for the immobilization and impoundment shall be issued 3,629
and enforced in accordance with section 4503.233 of the Revised 3,630
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 3,633
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 3,636
pleaded guilty to two violations of division (A) or (B) of 3,637
section 4511.19 of the Revised Code, a municipal ordinance 3,638
relating to operating a vehicle while under the influence of 3,639
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 3,640
municipal ordinance relating to operating a vehicle with a 3,641
prohibited concentration of alcohol in the blood, breath, or 3,642
urine, section 2903.04 of the Revised Code in a case in which the 3,643
offender was subject to the sanctions described in division (D) 3,644
of that section, section 2903.06, 2903.07, or 2903.08 of the 3,645
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 3,646
the jury or judge found that the offender was under the influence 3,647
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,649
statute of the United States or of any other state or a municipal 3,650
89
ordinance of a municipal corporation located in any other state 3,651
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 3,652
the court shall sentence the offender to a term of imprisonment 3,654
of thirty consecutive days and may sentence the offender to a 3,655
longer definite term of imprisonment of not more than one year. 3,656
As an alternative to the term of imprisonment required to be 3,657
imposed by this division, but subject to division (A)(8)(12) of 3,658
this section, the court may impose upon the offender a sentence 3,659
consisting of both a term of imprisonment of fifteen consecutive 3,660
days and not less than fifty-five consecutive days of 3,661
electronically monitored house arrest as defined in division (A) 3,662
of section 2929.23 of the Revised Code. The fifteen consecutive 3,663
days of imprisonment and the period of electronically monitored 3,664
house arrest shall not exceed one year. The fifteen consecutive 3,665
days of imprisonment do not have to be served prior to or 3,666
consecutively with the period of electronically monitored house 3,667
arrest.
In addition, the court shall impose upon the offender a 3,669
fine of not less than five hundred and not more than two thousand 3,670
five hundred dollars. 3,671
In addition to any other sentence that it imposes upon the 3,673
offender, the court shall require the offender to attend an 3,674
alcohol and drug addiction program authorized by section 3793.02 3,675
of the Revised Code. The cost of the treatment shall be paid by 3,676
the offender. If the court determines that the offender is 3,677
unable to pay the cost of attendance at the treatment program, 3,679
the court may order that payment of the cost of the offender's 3,680
attendance at the treatment program be made from that court's 3,681
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 3,683
twenty-three dollars shall be paid to an enforcement and 3,684
education fund established by the legislative authority of the 3,685
law enforcement agency in this state that primarily was 3,686
90
responsible for the arrest of the offender, as determined by the 3,687
court that imposes the fine. This share shall be used by the 3,688
agency to pay only those costs it incurs in enforcing section 3,689
4511.19 of the Revised Code or a substantially similar municipal 3,690
ordinance and in informing the public of the laws governing the 3,691
operation of a motor vehicle while under the influence of 3,692
alcohol, the dangers of operating a motor vehicle while under the 3,693
influence of alcohol, and other information relating to the 3,694
operation of a motor vehicle and the consumption of alcoholic 3,695
beverages. Two hundred twenty-seven dollars of the fine imposed 3,696
pursuant to this division shall be paid to the political 3,697
subdivision responsible for housing the offender during the 3,698
offender's term of incarceration. This share shall be used by 3,700
the political subdivision to pay or reimburse incarceration costs 3,701
it incurs in housing persons who violate division (A) of section 3,702
4511.19 of the Revised Code or a substantially similar municipal 3,703
ordinance and to pay for ignition interlock devices and 3,704
electronic house arrest equipment for persons who violate that 3,705
section and shall be paid to the credit of the fund that pays the 3,706
cost of incarceration. The balance of the fine shall be 3,707
disbursed as otherwise provided by law. 3,708
(b) Regardless of whether the vehicle the offender was 3,710
operating at the time of the offense is registered in the 3,711
offender's name or in the name of another person, the court, in 3,713
addition to the penalties imposed under division (A)(3)(a) of 3,714
this section and all other penalties provided by law and subject 3,715
to section 4503.235 of the Revised Code, shall order the 3,716
immobilization for one hundred eighty days of the vehicle the 3,717
offender was operating at the time of the offense and the 3,718
impoundment for one hundred eighty days of the identification 3,719
license plates of that vehicle. The order for the immobilization 3,720
and impoundment shall be issued and enforced in accordance with 3,721
section 4503.233 of the Revised Code. 3,722
(4)(a) If, within six years of the offense, the offender 3,724
91
has been convicted of or pleaded guilty to three or more 3,725
violations of division (A) or (B) of section 4511.19 of the 3,726
Revised Code, a municipal ordinance relating to operating a 3,727
vehicle while under the influence of alcohol, a drug of abuse, or 3,728
alcohol and a drug of abuse, a municipal ordinance relating to 3,729
operating a vehicle with a prohibited concentration of alcohol in 3,730
the blood, breath, or urine, section 2903.04 of the Revised Code 3,731
in a case in which the offender was subject to the sanctions 3,732
described in division (D) of that section, section 2903.06, 3,733
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 3,734
that is substantially similar to section 2903.07 of the Revised 3,735
Code in a case in which the jury or judge found that the offender 3,736
was under the influence of alcohol, a drug of abuse, or alcohol 3,737
and a drug of abuse, or a statute of the United States or of any 3,739
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 3,740
division (A) or (B) of section 4511.19 of the Revised Code, or if 3,741
the offender previously has been convicted of or pleaded guilty 3,742
to a violation of division (A) of section 4511.19 of the Revised 3,743
Code under circumstances in which the violation was a felony and 3,744
regardless of when the violation and the conviction or guilty 3,745
plea occurred, the offender is guilty of a felony of the fourth 3,746
degree. The court shall sentence the offender in accordance with 3,747
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 3,748
of sixty consecutive days of imprisonment in accordance with 3,749
division (G)(1) of section 2929.13 of the Revised Code or a 3,750
mandatory prison term of sixty consecutive days of imprisonment 3,751
in accordance with division (G)(2) of that section, whichever is 3,752
applicable. If the offender is required to serve a mandatory 3,753
term of local incarceration of sixty consecutive days of 3,754
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 3,755
2929.17 of the Revised Code, may impose upon the offender a 3,757
92
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 3,758
arrest shall not commence until after the offender has served the 3,759
mandatory term of local incarceration. 3,760
In addition to all other sanctions imposed, the court shall 3,762
impose upon the offender, pursuant to section 2929.18 of the 3,763
Revised Code, a fine of not less than seven hundred fifty nor 3,764
more than ten thousand dollars. 3,765
In addition to any other sanction that it imposes upon the 3,768
offender, the court shall require the offender to attend an 3,770
alcohol and drug addiction program authorized by section 3793.02 3,771
of the Revised Code. The cost of the treatment shall be paid by 3,772
the offender. If the court determines that the offender is 3,773
unable to pay the cost of attendance at the treatment program, 3,774
the court may order that payment of the cost of the offender's 3,775
attendance at the treatment program be made from the court's 3,776
indigent drivers alcohol treatment fund. 3,777
Of the fine imposed pursuant to this division, two hundred 3,779
ten dollars shall be paid to an enforcement and education fund 3,780
established by the legislative authority of the law enforcement 3,781
agency in this state that primarily was responsible for the 3,782
arrest of the offender, as determined by the court that imposes 3,783
the fine. This share shall be used by the agency to pay only 3,784
those costs it incurs in enforcing section 4511.19 of the Revised 3,785
Code or a substantially similar municipal ordinance and in 3,786
informing the public of the laws governing operation of a motor 3,787
vehicle while under the influence of alcohol, the dangers of 3,788
operation of a motor vehicle while under the influence of 3,789
alcohol, and other information relating to the operation of a 3,790
motor vehicle and the consumption of alcoholic beverages. Three 3,791
hundred ninety dollars of the fine imposed pursuant to this 3,792
division shall be paid to the political subdivision responsible 3,793
for housing the offender during the offender's term of 3,794
incarceration. This share shall be used by the political 3,796
93
subdivision to pay or reimburse incarceration costs it incurs in 3,797
housing persons who violate division (A) of section 4511.19 of 3,798
the Revised Code or a substantially similar municipal ordinance 3,799
and to pay for ignition interlock devices and electronic house 3,800
arrest equipment for persons who violate that section, and shall 3,801
be paid to the credit of the fund that pays the cost of 3,802
incarceration. The balance of the fine shall be disbursed as 3,803
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 3,805
operating at the time of the offense is registered in the 3,806
offender's name or in the name of another person, the court, in 3,808
addition to the sanctions imposed under division (A)(4)(a) of 3,809
this section and all other sanctions provided by law and subject 3,811
to section 4503.235 of the Revised Code, shall order the criminal 3,813
forfeiture to the state of the vehicle the offender was operating 3,814
at the time of the offense. The order of criminal forfeiture 3,815
shall be issued and enforced in accordance with section 4503.234 3,816
of the Revised Code. 3,817
(c) As used in division (A)(4)(a) of this section, 3,820
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 3,822
the Revised Code.
If title to a motor vehicle that is subject to an order for 3,824
criminal forfeiture under this section is assigned or transferred 3,825
and division (C)(2) or (3) of section 4503.234 of the Revised 3,826
Code applies, in addition to or independent of any other penalty 3,827
established by law, the court may fine the offender the value of 3,828
the vehicle as determined by publications of the national auto 3,829
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 3,830
(D)(4) of section 4503.234 of the Revised Code. 3,831
(5) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(6), (7), 3,833
OR (8) OF THIS SECTION, THE OFFENDER IS GUILTY OF A MISDEMEANOR 3,834
OF THE FIRST DEGREE, AND THE COURT SHALL SENTENCE THE OFFENDER TO 3,835
94
A TERM OF IMPRISONMENT OF SIX CONSECUTIVE DAYS AND MAY SENTENCE 3,836
THE OFFENDER PURSUANT TO SECTION 2929.21 OF THE REVISED CODE TO A 3,837
LONGER TERM OF IMPRISONMENT. IN ADDITION, THE COURT SHALL IMPOSE 3,838
UPON THE OFFENDER A FINE OF NOT LESS THAN TWO HUNDRED AND NOT 3,839
MORE THAN ONE THOUSAND DOLLARS. 3,840
THE COURT MAY SUSPEND THE EXECUTION OF THREE OF THE 3,842
MANDATORY SIX CONSECUTIVE DAYS OF IMPRISONMENT THAT IT IS 3,843
REQUIRED TO IMPOSE BY THIS DIVISION, IF THE COURT, IN LIEU OF THE 3,844
THREE CONSECUTIVE DAYS OF IMPRISONMENT THAT IT SUSPENDS, PLACES 3,845
THE OFFENDER ON PROBATION AND REQUIRES THE OFFENDER TO ATTEND, 3,847
FOR THREE CONSECUTIVE DAYS, A DRIVERS' INTERVENTION PROGRAM THAT 3,848
IS CERTIFIED PURSUANT TO SECTION 3793.10 OF THE REVISED CODE. 3,849
THE COURT ALSO MAY SUSPEND THE EXECUTION OF ANY PART OF UP TO 3,850
THREE OF THE MANDATORY SIX CONSECUTIVE DAYS OF IMPRISONMENT THAT 3,851
IT IS REQUIRED TO IMPOSE BY THIS DIVISION, IF THE COURT PLACES 3,852
THE OFFENDER ON PROBATION FOR PART OF UP TO THREE OF THE SIX
CONSECUTIVE DAYS; REQUIRES THE OFFENDER TO ATTEND, FOR THAT PART 3,853
OF THE THREE CONSECUTIVE DAYS, A DRIVERS' INTERVENTION PROGRAM 3,854
THAT IS CERTIFIED PURSUANT TO SECTION 3793.10 OF THE REVISED 3,856
CODE; AND SENTENCES THE OFFENDER TO A TERM OF IMPRISONMENT EQUAL
TO THE REMAINDER OF THE SIX CONSECUTIVE DAYS THAT THE OFFENDER 3,857
DOES NOT SPEND ATTENDING THE DRIVERS' INTERVENTION PROGRAM. THE 3,858
COURT MAY REQUIRE THE OFFENDER, AS A CONDITION OF PROBATION, TO 3,859
ATTEND AND SATISFACTORILY COMPLETE ANY TREATMENT OR EDUCATION 3,860
PROGRAMS THAT COMPLY WITH THE MINIMUM STANDARDS ADOPTED PURSUANT 3,861
TO CHAPTER 3793. OF THE REVISED CODE BY THE DIRECTOR OF ALCOHOL 3,863
AND DRUG ADDICTION SERVICES, IN ADDITION TO THE REQUIRED 3,864
ATTENDANCE AT A DRIVERS' INTERVENTION PROGRAM, THAT THE OPERATORS 3,865
OF THE DRIVERS' INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER 3,866
SHOULD ATTEND AND TO REPORT PERIODICALLY TO THE COURT ON THE 3,867
OFFENDER'S PROGRESS IN THE PROGRAMS. THE COURT ALSO MAY IMPOSE 3,868
ANY OTHER CONDITIONS OF PROBATION ON THE OFFENDER THAT IT 3,869
CONSIDERS NECESSARY. 3,870
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWENTY-FIVE 3,872
95
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 3,873
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 3,874
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 3,875
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 3,876
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 3,878
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 3,879
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 3,880
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 3,881
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 3,882
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 3,883
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 3,884
CONSUMPTION OF ALCOHOLIC BEVERAGES. TWENTY-FIVE DOLLARS OF THE 3,885
FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE DEPOSITED INTO 3,886
THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND OR MUNICIPAL 3,887
INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE CONTROL OF THAT 3,888
COURT, AS CREATED BY THE COUNTY OR MUNICIPAL CORPORATION PURSUANT 3,889
TO DIVISION (N) OF SECTION 4511.191 OF THE REVISED CODE. THE 3,890
BALANCE OF THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY 3,891
LAW.
(6)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8) OF 3,894
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 3,895
PLEADED GUILTY TO ONE VIOLATION OF DIVISION (A) OR (B) OF SECTION 3,897
4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO 3,899
OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG 3,900
OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE 3,901
RELATING TO OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION 3,902
OF ALCOHOL IN THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE 3,903
REVISED CODE IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE 3,905
SANCTIONS DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 3,906
2903.06, 2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL 3,907
ORDINANCE THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE 3,909
REVISED CODE IN A CASE IN WHICH THE JURY OR JUDGE FOUND THAT THE 3,911
OFFENDER WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 3,912
96
ALCOHOL AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR 3,913
OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL 3,914
CORPORATION LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY 3,915
SIMILAR TO DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED 3,917
CODE, THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE FIRST 3,918
DEGREE, AND THE COURT SHALL SENTENCE THE OFFENDER TO A TERM OF 3,919
IMPRISONMENT OF TWENTY CONSECUTIVE DAYS AND MAY SENTENCE THE 3,920
OFFENDER PURSUANT TO SECTION 2929.21 OF THE REVISED CODE TO A 3,921
LONGER TERM OF IMPRISONMENT. AS AN ALTERNATIVE TO THE TERM OF 3,923
IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT SUBJECT 3,924
TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE UPON 3,925
THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF IMPRISONMENT 3,926
OF TEN CONSECUTIVE DAYS AND NOT LESS THAN THIRTY-SIX CONSECUTIVE 3,927
DAYS OF ELECTRONICALLY MONITORED HOUSE ARREST AS DEFINED IN 3,928
DIVISION (A) OF SECTION 2929.23 OF THE REVISED CODE. THE TEN 3,929
CONSECUTIVE DAYS OF IMPRISONMENT AND THE PERIOD OF ELECTRONICALLY 3,931
MONITORED HOUSE ARREST SHALL NOT EXCEED SIX MONTHS. THE TEN 3,932
CONSECUTIVE DAYS OF IMPRISONMENT DO NOT HAVE TO BE SERVED PRIOR 3,933
TO OR CONSECUTIVELY WITH THE PERIOD OF ELECTRONICALLY MONITORED 3,934
HOUSE ARREST.
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 3,936
FINE OF NOT LESS THAN THREE HUNDRED AND NOT MORE THAN ONE 3,937
THOUSAND FIVE HUNDRED DOLLARS. 3,938
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 3,940
OFFENDER, THE COURT MAY REQUIRE THE OFFENDER TO ATTEND A DRIVERS' 3,941
INTERVENTION PROGRAM THAT IS CERTIFIED PURSUANT TO SECTION 3,942
3793.10 OF THE REVISED CODE. IF THE OFFICIALS OF THE DRIVERS' 3,944
INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER IS ALCOHOL 3,945
DEPENDENT, THEY SHALL NOTIFY THE COURT, AND THE COURT SHALL ORDER 3,946
THE OFFENDER TO OBTAIN TREATMENT THROUGH AN ALCOHOL AND DRUG 3,947
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED 3,949
CODE. THE OFFENDER SHALL PAY THE COST OF THE TREATMENT.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, THIRTY-FIVE 3,951
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 3,952
97
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 3,953
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 3,954
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 3,955
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 3,957
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 3,958
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 3,960
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 3,961
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 3,962
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 3,963
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 3,964
CONSUMPTION OF ALCOHOLIC BEVERAGES. SIXTY-FIVE DOLLARS OF THE 3,965
FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO THE 3,966
POLITICAL SUBDIVISION RESPONSIBLE FOR HOUSING THE OFFENDER DURING 3,967
THE OFFENDER'S TERM OF INCARCERATION. THE POLITICAL SUBDIVISION 3,969
SHALL USE THIS SHARE TO PAY OR REIMBURSE INCARCERATION COSTS IT 3,970
INCURS IN HOUSING PERSONS WHO VIOLATE SECTION 4511.19 OF THE 3,971
REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND 3,973
TO PAY FOR IGNITION INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST 3,974
EQUIPMENT FOR PERSONS WHO VIOLATE THAT SECTION, AND THIS SHARE 3,975
SHALL BE PAID TO THE CREDIT OF THE FUND THAT PAYS THE COST OF THE 3,976
INCARCERATION. FIFTY DOLLARS OF THE FINE IMPOSED PURSUANT TO 3,977
THIS DIVISION SHALL BE DEPOSITED INTO THE COUNTY INDIGENT DRIVERS 3,978
ALCOHOL TREATMENT FUND OR MUNICIPAL INDIGENT DRIVERS ALCOHOL 3,979
TREATMENT FUND UNDER THE CONTROL OF THAT COURT, AS CREATED BY THE 3,980
COUNTY OR MUNICIPAL CORPORATION PURSUANT TO DIVISION (N) OF 3,981
SECTION 4511.191 OF THE REVISED CODE. THE BALANCE OF THE FINE 3,982
SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW. 3,983
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 3,985
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 3,986
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 3,988
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(6)(a) OF 3,989
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 3,991
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 3,992
IMMOBILIZATION FOR NINETY DAYS OF THE VEHICLE THE OFFENDER WAS 3,994
98
OPERATING AT THE TIME OF THE OFFENSE AND THE IMPOUNDMENT FOR 3,995
NINETY DAYS OF THE IDENTIFICATION LICENSE PLATES OF THAT VEHICLE. 3,996
THE ORDER FOR THE IMMOBILIZATION AND IMPOUNDMENT SHALL BE ISSUED 3,997
AND ENFORCED IN ACCORDANCE WITH SECTION 4503.233 OF THE REVISED 3,998
CODE.
(7)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(4) OF 4,001
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 4,004
PLEADED GUILTY TO TWO VIOLATIONS OF DIVISION (A) OR (B) OF 4,005
SECTION 4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE 4,007
RELATING TO OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF 4,008
ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A 4,009
MUNICIPAL ORDINANCE RELATING TO OPERATING A VEHICLE WITH A 4,010
PROHIBITED CONCENTRATION OF ALCOHOL IN THE BLOOD, BREATH, OR 4,011
URINE, SECTION 2903.04 OF THE REVISED CODE IN A CASE IN WHICH THE 4,013
OFFENDER WAS SUBJECT TO THE SANCTIONS DESCRIBED IN DIVISION (D) 4,014
OF THAT SECTION, SECTION 2903.06, 2903.07, OR 2903.08 OF THE 4,015
REVISED CODE OR A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY 4,016
SIMILAR TO SECTION 2903.07 OF THE REVISED CODE IN A CASE IN WHICH 4,018
THE JURY OR JUDGE FOUND THAT THE OFFENDER WAS UNDER THE INFLUENCE 4,019
OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, OR A 4,021
STATUTE OF THE UNITED STATES OR OF ANY OTHER STATE OR A MUNICIPAL 4,022
ORDINANCE OF A MUNICIPAL CORPORATION LOCATED IN ANY OTHER STATE 4,023
THAT IS SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B) OF SECTION 4,024
4511.19 OF THE REVISED CODE, THE COURT SHALL SENTENCE THE 4,026
OFFENDER TO A TERM OF IMPRISONMENT OF SIXTY CONSECUTIVE DAYS AND
MAY SENTENCE THE OFFENDER TO A LONGER DEFINITE TERM OF 4,027
IMPRISONMENT OF NOT MORE THAN ONE YEAR. AS AN ALTERNATIVE TO THE 4,028
TERM OF IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT 4,029
SUBJECT TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE 4,030
UPON THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF 4,031
IMPRISONMENT OF THIRTY CONSECUTIVE DAYS AND NOT LESS THAN ONE 4,033
HUNDRED TEN CONSECUTIVE DAYS OF ELECTRONICALLY MONITORED HOUSE
ARREST AS DEFINED IN DIVISION (A) OF SECTION 2929.23 OF THE 4,035
99
REVISED CODE. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT AND 4,036
THE PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST SHALL NOT 4,037
EXCEED ONE YEAR. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT DO 4,038
NOT HAVE TO BE SERVED PRIOR TO OR CONSECUTIVELY WITH THE PERIOD 4,039
OF ELECTRONICALLY MONITORED HOUSE ARREST. 4,040
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 4,042
FINE OF NOT LESS THAN FIVE HUNDRED AND NOT MORE THAN TWO THOUSAND 4,043
FIVE HUNDRED DOLLARS. 4,044
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 4,046
OFFENDER, THE COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN 4,047
ALCOHOL AND DRUG ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 4,048
OF THE REVISED CODE. THE OFFENDER SHALL PAY THE COST OF THE 4,049
TREATMENT. IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE 4,051
TO PAY THE COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE COURT 4,052
MAY ORDER THAT PAYMENT OF THE COST OF THE OFFENDER'S ATTENDANCE 4,053
AT THE TREATMENT PROGRAM BE MADE FROM THAT COURT'S INDIGENT 4,054
DRIVERS ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, ONE HUNDRED 4,056
TWENTY-THREE DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND 4,057
EDUCATION FUND ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE 4,058
LAW ENFORCEMENT AGENCY IN THIS STATE THAT PRIMARILY WAS 4,059
RESPONSIBLE FOR THE ARREST OF THE OFFENDER, AS DETERMINED BY THE 4,060
COURT THAT IMPOSES THE FINE. THE AGENCY SHALL USE THIS SHARE TO 4,062
PAY ONLY THOSE COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF 4,063
THE REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE 4,065
AND IN INFORMING THE PUBLIC OF THE LAWS GOVERNING THE OPERATION 4,066
OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, THE 4,067
DANGERS OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF 4,068
ALCOHOL, AND OTHER INFORMATION RELATING TO THE OPERATION OF A 4,069
MOTOR VEHICLE AND THE CONSUMPTION OF ALCOHOLIC BEVERAGES. TWO 4,070
HUNDRED TWENTY-SEVEN DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS 4,071
DIVISION SHALL BE PAID TO THE POLITICAL SUBDIVISION RESPONSIBLE 4,072
FOR HOUSING THE OFFENDER DURING THE OFFENDER'S TERM OF 4,074
INCARCERATION. THE POLITICAL SUBDIVISION SHALL USE THIS SHARE TO 4,075
100
PAY OR REIMBURSE INCARCERATION COSTS IT INCURS IN HOUSING PERSONS 4,076
WHO VIOLATE SECTION 4511.19 OF THE REVISED CODE OR A 4,077
SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION 4,078
INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST EQUIPMENT FOR 4,079
PERSONS WHO VIOLATE THAT SECTION, AND THIS SHARE SHALL BE PAID TO 4,080
THE CREDIT OF THE FUND THAT PAYS THE COST OF INCARCERATION. THE 4,081
BALANCE OF THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY 4,082
LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 4,084
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 4,085
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 4,087
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(7)(a) OF 4,088
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 4,090
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 4,091
IMMOBILIZATION FOR ONE HUNDRED EIGHTY DAYS OF THE VEHICLE THE 4,093
OFFENDER WAS OPERATING AT THE TIME OF THE OFFENSE AND THE 4,094
IMPOUNDMENT FOR ONE HUNDRED EIGHTY DAYS OF THE IDENTIFICATION 4,095
LICENSE PLATES OF THAT VEHICLE. THE ORDER FOR THE IMMOBILIZATION 4,096
AND IMPOUNDMENT SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH 4,097
SECTION 4503.233 OF THE REVISED CODE. 4,098
(8)(a) IF, WITHIN SIX YEARS OF THE OFFENSE, THE OFFENDER 4,100
HAS BEEN CONVICTED OF OR PLEADED GUILTY TO THREE OR MORE 4,101
VIOLATIONS OF DIVISION (A) OR (B) OF SECTION 4511.19 OF THE 4,103
REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO OPERATING A
VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 4,104
ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE RELATING TO 4,105
OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION OF ALCOHOL IN 4,106
THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE REVISED CODE 4,108
IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE SANCTIONS 4,109
DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 2903.06, 4,110
2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 4,112
THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE REVISED 4,114
CODE IN A CASE IN WHICH THE JURY OR JUDGE FOUND THAT THE OFFENDER
WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL 4,115
101
AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR OF ANY 4,117
OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL CORPORATION
LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO 4,118
DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED CODE, OR IF 4,120
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY 4,122
TO A VIOLATION OF DIVISION (A) OF SECTION 4511.19 OF THE REVISED 4,124
CODE UNDER CIRCUMSTANCES IN WHICH THE VIOLATION WAS A FELONY AND 4,126
REGARDLESS OF WHEN THE VIOLATION AND THE CONVICTION OR GUILTY 4,127
PLEA OCCURRED, THE OFFENDER IS GUILTY OF A FELONY OF THE FOURTH 4,128
DEGREE. THE COURT SHALL SENTENCE THE OFFENDER IN ACCORDANCE WITH 4,129
SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE AND SHALL IMPOSE 4,130
AS PART OF THE SENTENCE A MANDATORY TERM OF LOCAL INCARCERATION 4,131
OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF IMPRISONMENT IN 4,133
ACCORDANCE WITH DIVISION (G)(1) OF SECTION 2929.13 OF THE REVISED 4,134
CODE OR A MANDATORY PRISON TERM OF ONE HUNDRED TWENTY CONSECUTIVE 4,135
DAYS OF IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(2) OF THAT 4,137
SECTION, WHICHEVER IS APPLICABLE. IF THE OFFENDER IS REQUIRED TO 4,138
SERVE A MANDATORY TERM OF LOCAL INCARCERATION OF ONE HUNDRED
TWENTY CONSECUTIVE DAYS OF IMPRISONMENT IN ACCORDANCE WITH 4,140
DIVISION (G)(1) OF SECTION 2929.13 OF THE REVISED CODE, THE 4,141
COURT, PURSUANT TO SECTION 2929.17 OF THE REVISED CODE, MAY 4,143
IMPOSE UPON THE OFFENDER A SENTENCE THAT INCLUDES A TERM OF 4,144
ELECTRONICALLY MONITORED HOUSE ARREST, PROVIDED THAT THE TERM OF 4,145
ELECTRONICALLY MONITORED HOUSE ARREST SHALL NOT COMMENCE UNTIL 4,146
AFTER THE OFFENDER HAS SERVED THE MANDATORY TERM OF LOCAL
INCARCERATION. 4,147
IN ADDITION TO ALL OTHER SANCTIONS IMPOSED, THE COURT SHALL 4,149
IMPOSE UPON THE OFFENDER, PURSUANT TO SECTION 2929.18 OF THE 4,150
REVISED CODE, A FINE OF NOT LESS THAN SEVEN HUNDRED FIFTY NOR 4,152
MORE THAN TEN THOUSAND DOLLARS. 4,153
IN ADDITION TO ANY OTHER SANCTION THAT IT IMPOSES UPON THE 4,156
OFFENDER, THE COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN 4,158
ALCOHOL AND DRUG ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 4,159
OF THE REVISED CODE. THE COST OF THE TREATMENT SHALL BE PAID BY 4,160
102
THE OFFENDER. IF THE COURT DETERMINES THAT THE OFFENDER IS 4,162
UNABLE TO PAY THE COST OF ATTENDANCE AT THE TREATMENT PROGRAM, 4,163
THE COURT MAY ORDER THAT PAYMENT OF THE COST OF THE OFFENDER'S 4,164
ATTENDANCE AT THE TREATMENT PROGRAM BE MADE FROM THE COURT'S 4,165
INDIGENT DRIVERS ALCOHOL TREATMENT FUND. 4,166
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWO HUNDRED 4,168
TEN DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 4,169
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 4,170
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 4,171
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 4,172
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 4,174
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 4,175
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 4,176
THE PUBLIC OF THE LAWS GOVERNING OPERATION OF A MOTOR VEHICLE 4,177
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATION OF 4,178
A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 4,179
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 4,180
CONSUMPTION OF ALCOHOLIC BEVERAGES. THREE HUNDRED NINETY DOLLARS 4,181
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO 4,182
THE POLITICAL SUBDIVISION RESPONSIBLE FOR HOUSING THE OFFENDER 4,183
DURING THE OFFENDER'S TERM OF INCARCERATION. THE POLITICAL 4,184
SUBDIVISION SHALL USE THIS SHARE TO PAY OR REIMBURSE 4,186
INCARCERATION COSTS IT INCURS IN HOUSING PERSONS WHO VIOLATE 4,187
SECTION 4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY SIMILAR 4,188
MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION INTERLOCK DEVICES AND 4,189
ELECTRONIC HOUSE ARREST EQUIPMENT FOR PERSONS WHO VIOLATE THAT 4,190
SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT OF THE FUND 4,191
THAT PAYS THE COST OF INCARCERATION. THE BALANCE OF THE FINE 4,192
SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 4,194
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 4,195
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 4,197
ADDITION TO THE SANCTIONS IMPOSED UNDER DIVISION (A)(8)(a) OF 4,198
THIS SECTION AND ALL OTHER SANCTIONS PROVIDED BY LAW AND SUBJECT 4,200
103
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE CRIMINAL 4,202
FORFEITURE TO THE STATE OF THE VEHICLE THE OFFENDER WAS OPERATING 4,204
AT THE TIME OF THE OFFENSE. THE ORDER OF CRIMINAL FORFEITURE 4,205
SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH SECTION 4503.234 4,206
OF THE REVISED CODE. 4,207
(c) AS USED IN DIVISION (A)(8)(a) OF THIS SECTION, 4,210
"MANDATORY PRISON TERM" AND "MANDATORY TERM OF LOCAL
INCARCERATION" HAVE THE SAME MEANINGS AS IN SECTION 2929.01 OF 4,212
THE REVISED CODE.
(d) IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO AN 4,214
ORDER FOR CRIMINAL FORFEITURE UNDER THIS SECTION IS ASSIGNED OR 4,216
TRANSFERRED AND DIVISION (C)(2) OR (3) OF SECTION 4503.234 OF THE 4,218
REVISED CODE APPLIES, IN ADDITION TO OR INDEPENDENT OF ANY OTHER 4,220
PENALTY ESTABLISHED BY LAW, THE COURT MAY FINE THE OFFENDER THE 4,221
VALUE OF THE VEHICLE AS DETERMINED BY PUBLICATIONS OF THE
NATIONAL AUTO DEALER'S ASSOCIATION. THE PROCEEDS FROM ANY FINE 4,222
IMPOSED UNDER THIS DIVISION SHALL BE DISTRIBUTED IN ACCORDANCE 4,223
WITH DIVISION (D)(4) OF SECTION 4503.234 OF THE REVISED CODE. 4,225
(9)(a) Except as provided in division (A)(5)(9)(b) of this 4,228
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1), 4,229
(2), (3), or (4), (5), (6), (7), OR (8) of this section to 4,232
continue the offender's employment, the court may authorize that 4,233
the offender be granted work release from imprisonment after the 4,234
offender has served the three, SIX, ten, or TWENTY, thirty, OR 4,236
SIXTY consecutive days of imprisonment or the mandatory term of 4,238
local incarceration of sixty OR ONE HUNDRED TWENTY consecutive 4,239
days that the court is required by division (A)(1), (2), (3), or 4,240
(4), (5), (6), (7), OR (8) of this section to impose. No court 4,243
shall authorize work release from imprisonment during the three, 4,244
SIX, ten, or TWENTY, thirty, OR SIXTY consecutive days of 4,246
imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty OR ONE HUNDRED TWENTY consecutive 4,247
days that the court is required by division (A)(1), (2), (3), or 4,249
104
(4), (5), (6), (7), OR (8) of this section to impose. The 4,251
duration of the work release shall not exceed the time necessary 4,252
each day for the offender to commute to and from the place of
employment and the place of imprisonment and the time actually 4,253
spent under employment. 4,254
(b) An offender who is sentenced pursuant to division 4,256
(A)(2) or, (3), (6), OR (7) of this section to a term of 4,259
imprisonment followed by a period of electronically monitored
house arrest is not eligible for work release from imprisonment, 4,261
but that person shall be permitted work release during the period 4,262
of electronically monitored house arrest. The duration of the 4,263
work release shall not exceed the time necessary each day for the 4,264
offender to commute to and from the place of employment and the 4,265
offender's home or other place specified by the sentencing court 4,266
and the time actually spent under employment. 4,267
(6)(10) Notwithstanding any section of the Revised Code 4,269
that authorizes the suspension of the imposition or execution of 4,270
a sentence, the placement of an offender in any treatment program 4,272
in lieu of imprisonment, or the use of a community control
sanction for an offender convicted of a felony, no court shall 4,274
suspend the ten or, TWENTY, thirty, OR SIXTY consecutive days of 4,276
imprisonment required to be imposed on an offender by division 4,277
(A)(2) or, (3), (6), OR (7) of this section, no court shall place 4,279
an offender who is sentenced pursuant to division (A)(2), (3), or 4,280
(4), (6), (7), OR (8) of this section in any treatment program in 4,283
lieu of imprisonment until after the offender has served the ten 4,284
or, TWENTY, thirty, OR SIXTY consecutive days of imprisonment or 4,286
the mandatory term of local incarceration or mandatory prison 4,287
term of sixty OR ONE HUNDRED TWENTY consecutive days required to 4,288
be imposed pursuant to division (A)(2), (3), or (4), (6), (7), OR 4,291
(8) of this section, no court that sentences an offender under 4,292
division (A)(4) OR (8) of this section shall impose any sanction 4,294
other than a mandatory term of local incarceration or mandatory 4,295
prison term to apply to the offender until after the offender has 4,296
105
served the mandatory term of local incarceration or mandatory 4,297
prison term of sixty OR ONE HUNDRED TWENTY consecutive days 4,298
required to be imposed pursuant to division (A)(4) OR (8) of this 4,300
section, and no court that imposes a sentence of imprisonment and 4,301
a period of electronically monitored house arrest upon an 4,302
offender under division (A)(2) or, (3), (6), OR (7) of this 4,304
section shall suspend any portion of the sentence or place the 4,305
offender in any treatment program in lieu of imprisonment or 4,306
electronically monitored house arrest. Notwithstanding any 4,307
section of the Revised Code that authorizes the suspension of the 4,308
imposition or execution of a sentence or the placement of an 4,309
offender in any treatment program in lieu of imprisonment, no 4,310
court, except as specifically authorized by division (A)(1) OR 4,311
(5) of this section, shall suspend the three OR ANY PART OF THE 4,312
SIX consecutive days of imprisonment required to be imposed by 4,313
division (A)(1) OR (5) of this section or place an offender who 4,314
is sentenced pursuant to division (A)(1) OR (5) of this section 4,315
in any treatment program in lieu of imprisonment until after the 4,316
offender has served the three OR SIX consecutive days of 4,317
imprisonment required to be imposed pursuant to division (A)(1) 4,318
OR (5) of this section. 4,319
(7)(11) No court shall sentence an offender to an alcohol 4,321
treatment program pursuant to division (A)(1), (2), (3), or (4), 4,322
(5), (6), (7), OR (8) of this section unless the treatment 4,324
program complies with the minimum standards adopted pursuant to 4,326
Chapter 3793. of the Revised Code by the director of alcohol and 4,327
drug addiction services. 4,328
(8)(12) No court shall impose the alternative sentence of 4,330
a term of imprisonment of five consecutive days plus not less 4,331
than eighteen consecutive days A TERM of electronically monitored 4,332
house arrest permitted to be imposed by division (A)(2), (3), 4,333
(6), OR (7) of this section, or the alternative sentence of a 4,335
term of imprisonment of fifteen consecutive days plus not less 4,336
than fifty-five consecutive days of electronically monitored 4,337
106
house arrest permitted to be imposed pursuant to division (A)(3) 4,338
of this section, unless within sixty days of the date of 4,339
sentencing, the court issues a written finding, entered into the 4,340
record, that due to the unavailability of space at the 4,341
incarceration facility where the offender is required to serve 4,342
the term of imprisonment imposed upon the offender, the offender 4,343
will not be able to commence serving the term of imprisonment 4,345
within the sixty-day period following the date of sentencing. If 4,346
the court issues a WRITTEN finding OF THAT NATURE, the court may 4,347
impose the alternative sentence comprised of a term of 4,349
imprisonment and a term of electronically monitored house arrest 4,350
permitted to be imposed by division (A)(2) or, (3), (6), OR (7) 4,351
of this section.
(B) Whoever violates section 4511.192, 4511.251, or 4,353
4511.85 of the Revised Code is guilty of a misdemeanor of the 4,354
first degree. The court, in addition to or independent of all 4,355
other penalties provided by law, may suspend for a period not to 4,356
exceed one year the driver's or commercial driver's license or 4,357
permit or nonresident operating privilege of any person who 4,358
pleads guilty to or is convicted of a violation of section 4,359
4511.192 of the Revised Code. 4,360
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 4,362
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 4,363
guilty of one of the following: 4,364
(1) Except as otherwise provided in division (C)(2) of 4,366
this section, a minor misdemeanor. 4,367
(2) If the offender previously has been convicted of or 4,370
pleaded guilty to one or more violations of section 4511.63, 4,371
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 4,372
Revised Code or a municipal ordinance that is substantially 4,373
similar to any of those sections, a misdemeanor of the fourth 4,376
degree.
(D)(1) Whoever violates any provision of sections 4511.01 4,378
to 4511.76 or section 4511.84 of the Revised Code, for which no 4,379
107
penalty otherwise is provided in this section is guilty of one of 4,380
the following: 4,381
(a) Except as otherwise provided in division (D)(1)(b), 4,384
(1)(c), (2), or (3) of this section, a minor misdemeanor; 4,385
(b) If, within one year of the offense, the offender 4,387
previously has been convicted of or pleaded guilty to one 4,389
violation of any provision of sections 4511.01 to 4511.76 or 4,391
section 4511.84 of the Revised Code for which no penalty 4,392
otherwise is provided in this section or a municipal ordinance 4,394
that is substantially similar to any provision of sections 4,395
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 4,396
which no penalty otherwise is provided in this section, a 4,397
misdemeanor of the fourth degree; 4,399
(c) If, within one year of the offense, the offender 4,401
previously has been convicted of or pleaded guilty to two or more 4,402
violations of any provision described in division (D)(1)(b) of 4,404
this section or any municipal ordinance that is substantially 4,405
similar to any of those provisions, a misdemeanor of the third 4,406
degree. 4,407
(2) When any person is found guilty of a first offense for 4,409
a violation of section 4511.21 of the Revised Code upon a finding 4,410
that the person operated a motor vehicle faster than thirty-five 4,412
miles an hour in a business district of a municipal corporation, 4,413
or faster than fifty miles an hour in other portions, or faster 4,414
than thirty-five miles an hour while passing through a school 4,415
zone during recess or while children are going to or leaving 4,416
school during the opening or closing hours, the person is guilty 4,417
of a misdemeanor of the fourth degree. 4,418
(3) Notwithstanding section 2929.21 of the Revised Code, 4,420
upon a finding that such person operated a motor vehicle in a 4,421
construction zone where a sign was then posted in accordance with 4,422
section 4511.98 of the Revised Code, the court, in addition to 4,423
all other penalties provided by law, shall impose a fine of two 4,424
times the usual amount imposed for the violation. No court shall 4,425
108
impose a fine of two times the usual amount imposed for the 4,426
violation upon an offender who alleges, in an affidavit filed 4,427
with the court prior to the offender's sentencing, that the 4,428
offender is indigent and is unable to pay the fine imposed 4,429
pursuant to this division, provided the court determines the 4,430
offender is an indigent person and is unable to pay the fine. 4,431
(E) Whenever a person is found guilty in a court of record 4,433
of a violation of section 4511.761, 4511.762, or 4511.77 of the 4,434
Revised Code, the trial judge, in addition to or independent of 4,435
all other penalties provided by law, may suspend for any period 4,436
of time not exceeding three years, or revoke the license of any 4,437
person, partnership, association, or corporation, issued under 4,438
section 4511.763 of the Revised Code. 4,439
(F) Whoever violates division (E) or (F) of section 4,441
4511.51, division (A), (D), or (E) of section 4511.521, section 4,442
4511.681, division (A), (C), or (F) of section 4511.69, section 4,443
4511.772, or division (A) or (B) of section 4511.82 of the 4,444
Revised Code is guilty of a minor misdemeanor. 4,445
(G) Whoever violates division (A) of section 4511.75 of 4,447
the Revised Code may be fined an amount not to exceed five 4,448
hundred dollars. A person who is issued a citation for a 4,449
violation of division (A) of section 4511.75 of the Revised Code 4,450
is not permitted to enter a written plea of guilty and waive the 4,451
person's right to contest the citation in a trial, but instead 4,452
must appear in person in the proper court to answer the charge. 4,453
(H)(1) Whoever is a resident of this state and violates 4,455
division (A) or (B) of section 4511.81 of the Revised Code shall 4,456
be punished as follows: 4,457
(a) Except as otherwise provided in division (H)(1)(b) of 4,459
this section, the offender is guilty of a minor misdemeanor. 4,461
(b) If the offender previously has been convicted of or 4,463
pleaded guilty to a violation of division (A) or (B) of section 4,464
4511.81 of the Revised Code or of a municipal ordinance that is 4,466
substantially similar to either of those divisions, the offender 4,467
109
is guilty of a misdemeanor of the fourth degree. 4,468
(2) Whoever is not a resident of this state, violates 4,470
division (A) or (B) of section 4511.81 of the Revised Code, and 4,471
fails to prove by a preponderance of the evidence that the 4,472
offender's use or nonuse of a child restraint system was in 4,473
accordance with the law of the state of which the offender is a 4,475
resident is guilty of a minor misdemeanor on a first offense; on 4,477
a second or subsequent offense, that person is guilty of a 4,478
misdemeanor of the fourth degree. 4,479
(3) Sixty-five per cent of every fine imposed pursuant to 4,481
division (H)(1) or (2) of this section shall be forwarded to the 4,482
treasurer of state for deposit in the "child highway safety fund" 4,483
created by division (G) of section 4511.81 of the Revised Code. 4,484
The balance of the fine shall be disbursed as otherwise provided 4,485
by law. 4,486
(I) Whoever violates section 4511.202 of the Revised Code 4,488
is guilty of operating a motor vehicle without being in control 4,489
of it, a minor misdemeanor. 4,490
(J) Whoever violates division (B) of section 4511.74, 4,492
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 4,493
section 4511.83 of the Revised Code is guilty of a misdemeanor of 4,494
the first degree. 4,495
(K) Except as otherwise provided in this division, whoever 4,497
violates division (E) of section 4511.11, division (A) or (C) of 4,498
section 4511.17, or section 4511.18 of the Revised Code is guilty 4,499
of a misdemeanor of the third degree. If a violation of division 4,500
(A) or (C) of section 4511.17 of the Revised Code creates a risk 4,501
of physical harm to any person, the offender is guilty of a 4,502
misdemeanor of the first degree. A violation of division (A) or 4,503
(C) of section 4511.17 of the Revised Code that causes serious 4,504
physical harm to property that is owned, leased, or controlled by 4,505
a state or local authority is a felony of the fifth degree. 4,507
(L) Whoever violates division (H) of section 4511.69 of 4,509
the Revised Code shall be punished as follows: 4,510
110
(1) Except as otherwise provided in division (L)(2) of 4,513
this section, the offender shall be issued a warning. 4,514
(2) If the offender previously has been convicted of or 4,516
pleaded guilty to a violation of division (H) of section 4511.69 4,517
of the Revised Code or of a municipal ordinance that is 4,518
substantially similar to that division, the offender shall not be 4,519
issued a warning but shall be fined twenty-five dollars for each 4,520
parking location that is not properly marked or whose markings 4,522
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 4,524
4511.45 of the Revised Code is guilty of a misdemeanor of the 4,525
fourth degree on a first offense; on a second offense within one 4,526
year after the first offense, the person is guilty of a 4,527
misdemeanor of the third degree; and on each subsequent offense 4,528
within one year after the first offense, the person is guilty of 4,529
a misdemeanor of the second degree. 4,530
(N)(1) Whoever violates division (B) of section 4511.19 of 4,533
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 4,534
(a) Except as otherwise provided in division (N)(1)(b) of 4,537
this section, the offender is guilty of a misdemeanor of the 4,539
fourth degree.
(b) If, within one year of the offense, the offender has 4,541
been convicted of or pleaded guilty to any violation of division 4,542
(A) or (B) of section 4511.19 of the Revised Code, a municipal 4,543
ordinance relating to operating a vehicle while under the 4,544
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,545
abuse, a municipal ordinance relating to operating a vehicle with 4,546
a prohibited concentration of alcohol in the blood, breath, or 4,547
urine, section 2903.04 of the Revised Code in a case in which the 4,548
offender was subject to the sanctions described in division (D) 4,549
of that section, section 2903.06, 2903.07, or 2903.08 of the 4,550
Revised Code or a municipal ordinance that is substantially 4,551
similar to section 2903.07 of the Revised Code in a case in which 4,552
111
the jury or judge found that the offender was under the influence 4,553
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,554
statute of the United States or of any other state or a municipal 4,556
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 4,557
4511.19 of the Revised Code, the offender is guilty of a 4,558
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 4,560
provided by law, the offender's driver's or commercial driver's 4,561
license or permit or nonresident operating privilege shall be 4,562
suspended in accordance with, and for the period of time 4,563
specified in, division (E) of section 4507.16 of the Revised 4,564
Code. 4,565
(O) Whoever violates section 4511.62 of the Revised Code 4,568
is guilty of a misdemeanor of the fourth degree.
Sec. 5120.161. (A) Except as provided in division (C) of 4,577
this section, the department of rehabilitation and correction may 4,578
enter into an agreement with any local authority operating a 4,579
county, multicounty, municipal, municipal-county, or 4,580
multicounty-municipal jail or workhouse, as described in section 4,581
307.93, 341.21, or 753.16 of the Revised Code, for the housing in 4,582
the jail or workhouse operated by the local authority of persons 4,583
who are convicted of or plead guilty to a felony of the fourth or 4,585
fifth degree if the person previously has not been convicted of 4,587
or pleaded guilty to a felony and if the felony is not an offense 4,589
of violence. The agreement shall specify a per diem fee that the 4,590
department shall pay the local authority for each such person 4,591
housed in the jail or workhouse pursuant to the agreement, shall 4,592
set forth any other terms and conditions for the housing of such 4,593
persons in the jail or workhouse, and shall indicate that the 4,594
department, subject to the relevant terms and conditions set 4,595
forth, may designate those persons to be housed at the jail or 4,596
workhouse.
(B) A person designated by the department to be housed in 4,598
112
a county, multicounty, municipal, municipal-county, or 4,599
multicounty-municipal jail or workhouse that is the subject of an 4,600
agreement entered into under division (A) of this section shall 4,601
be conveyed by the department to that jail or workhouse and shall 4,602
be kept at the jail or workhouse until the person's term of 4,603
imprisonment expires, the person is pardoned, paroled, or placed 4,606
under a post-release control sanction, or the person is
transferred under the laws permitting the transfer of prisoners. 4,607
The department shall pay the local authority that operates the 4,608
jail or workhouse the per diem fee specified in the agreement for 4,609
each such person housed in the jail or workhouse. Each such 4,610
person housed in the jail or workhouse shall be under the direct 4,611
supervision and control of the keeper, superintendent, or other 4,612
person in charge of the jail or workhouse, but shall be 4,613
considered for all other purposes to be within the custody of the 4,614
department of rehabilitation and correction. Section 2967.193 of 4,616
the Revised Code and all other provisions of the Revised Code 4,618
that pertain to persons within the custody of the department that 4,619
would not by their nature clearly be inapplicable apply to 4,620
persons housed pursuant to this section.
(C) The department of rehabilitation and correction shall 4,622
not enter into an agreement pursuant to division (A) of this 4,623
section with any local authority unless the jail or workhouse 4,624
operated by the authority complies with the Minimum Standards for 4,625
Jails in Ohio. 4,626
(D) A court that sentences a person for a felony may 4,628
include as the sentence or part of the sentence, in accordance 4,629
with division (A) of section 2929.16 of the Revised Code and 4,630
regardless of whether the jail or workhouse is the subject of an 4,632
agreement entered into under division (A) of this section, a 4,633
sanction that consists of a term of up to six months in a jail or
workhouse or, if the offense is a fourth degree felony OMVI 4,634
offense and the offender previously has not been convicted of a 4,635
fourth degree felony OMVI offense, a sanction that consists of a 4,636
113
term of up to one year in a jail less the mandatory term of local 4,638
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days 4,640
imposed pursuant to division (G)(1) of section 2929.13 of the 4,641
Revised Code.
(E) "Fourth degree felony OMVI offense" and "mandatory 4,643
term of local incarceration" have the same meanings as in section 4,644
2929.01 of the Revised Code. 4,645
Section 2. That existing sections 2323.59, 2929.01, 4,647
2929.13, 2929.16, 2929.18, 2929.23, 3793.10, 4503.233, 4507.164, 4,648
4511.19, 4511.191, 4511.99, and 5120.161 of the Revised Code are 4,649
hereby repealed. 4,650
Section 3. Section 2929.01 of the Revised Code was amended 4,652
by both H.B. 378 and Am. Sub. S.B. 111 of the 122nd General 4,653
Assembly. Comparison of these amendments in pursuance of section 4,654
1.52 of the Revised Code discloses that while certain of the 4,655
amendments of these acts are reconcilable, certain other of the 4,656
amendments are substantively irreconcilable. H.B. 378 was passed 4,657
on November 13, 1997; S.B. 111 was passed on November 18, 1997. 4,658
Section 2929.01 of the Revised Code is therefore presented in 4,659
this act as it results from S.B. 111 and such of the amendments 4,660
of H.B. 378 as are not in conflict with the amendments of S.B. 4,661
111. This is in recognition of the principles stated in division 4,662
(B) of section 1.52 of the Revised Code that amendments are to be 4,663
harmonized where not substantively irreconcilable, and that where 4,664
amendments are substantively irreconcilable, the latest amendment 4,665
is to prevail. This section constitutes a legislative finding 4,666
that such harmonized and reconciled section was the resulting
version in effect prior to the effective date of this act. 4,667
Section 4. Section 4503.233 of the Revised Code is 4,669
presented in this act as a composite of the section as amended by 4,670
both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 121st General 4,672
Assembly, with the new language of neither of the acts shown in 4,673
capital letters. This is in recognition of the principle stated 4,674
in division (B) of section 1.52 of the Revised Code that such 4,675
114
amendments are to be harmonized where not substantively 4,676
irreconcilable and constitutes a legislative finding that such is 4,677
the resulting version in effect prior to the effective date of 4,678
this act.