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           

                                                          3      

                                                                 
      (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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
      (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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          11     

                                                                 
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                

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
      (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.