As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. 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
2929.14, 2929.15, 2929.16, 2929.17, 2929.18, 13
2929.19, 2929.23, 2929.41, 3793.10, 4503.233, 14
4507.164, 4511.19, 4511.191, 4511.99, 5120.032, 15
5120.033, and 5120.161 of the Revised Code to 16
establish stricter penalties for a person who 17
commits state OMVI and has a concentration of .17
of one per cent or more by weight of alcohol in 18
the person's blood, a concentration of .17 of one 19
gram or more by weight of alcohol per 210 liters 20
of the person's breath, or a concentration of
.238 of one gram or more by weight of alcohol per 21
100 milliliters of the person's urine, to 22
increase to a felony of the third degree the 23
penalty for a second or subsequent felony 24
conviction of state OMVI, and in certain
circumstances to eliminate for state OMVI and for 25
driving under suspension or revocation offenses 26
the prohibition against imposing a term of
imprisonment imposed for a misdemeanor 27
consecutively to a prison term imposed for a
felony.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2323.59, 2929.01, 2929.13, 31
2929.14, 2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 32
2929.41, 3793.10, 4503.233, 4507.164, 4511.19, 4511.191, 4511.99, 34
2
5120.032, 5120.033, and 5120.161 of the Revised Code be amended 35
to read as follows:
Sec. 2323.59. (A) As used in this section: 44
(1) "Harm" means injury, death, or loss to person or 47
property.
(2) "Tort action" means a civil action for damages for 50
injury, death, or loss to person or property. "Tort action" 51
includes a product liability claim but does not include a civil 52
action for damages for a breach of contract or another agreement 53
between persons. 54
(3) "Trier of fact" means the jury or, in a nonjury 57
action, the court.
(B) In a tort action involving a plaintiff who was 59
operating a motor vehicle at the time of the occurrence of the 60
harm for which the plaintiff seeks to recover damages, if a 61
defendant establishes by a preponderance of the evidence that the 63
plaintiff or the person for whom the plaintiff is legal
representative had an alcohol A concentration equal to or greater 65
than that specified in division (A)(2), (3), or (4) of section 66
4511.19 of the Revised Code OF TEN-HUNDREDTHS OF ONE PER CENT OR 68
MORE BY WEIGHT OF ALCOHOL IN THE PLAINTIFF'S OR PERSON'S BLOOD, A 69
CONCENTRATION OF TEN-HUNDREDTHS OF ONE GRAM OR MORE BY WEIGHT OF 70
ALCOHOL PER TWO HUNDRED TEN LITERS OF THE PLAINTIFF'S OR PERSON'S 71
BREATH, OR A CONCENTRATION OF FOURTEEN-HUNDREDTHS OF ONE GRAM OR 72
MORE BY WEIGHT OF ALCOHOL PER ONE HUNDRED MILLILITERS OF THE 73
PLAINTIFF'S OR PERSON'S URINE, was under the influence of a drug 75
of abuse, or had an alcohol concentration of that nature and was 76
under the influence of a drug of abuse, at the time of the
occurrence of the harm for which the plaintiff seeks to recover 77
damages, it shall be presumed that the alcohol, drug of abuse, or 78
alcohol and drug of abuse was the proximate cause of the harm for 79
which the plaintiff seeks to recover damages. This presumption 81
may be rebutted only by clear and convincing evidence that the 82
alcohol, drug of abuse, or alcohol and drug of abuse was not the 84
3
proximate cause of the harm for which the plaintiff seeks to
recover damages. 85
(C) The trier of fact in a tort action shall consider the 87
use of alcohol, a drug of abuse, or alcohol and a drug of abuse 89
by the plaintiff in determining contributory negligence or other 90
contributory tortious conduct and may diminish pursuant to 91
section 2315.19 or 2315.20 of the Revised Code a recovery of 93
compensatory damages in the tort action because of the
plaintiff's use of alcohol, a drug of abuse, or alcohol and a 94
drug of abuse. 95
Sec. 2929.01. As used in this chapter: 105
(A)(1) "Alternative residential facility" means, subject 107
to division (A)(2) of this section, any facility other than an 108
offender's home or residence in which an offender is assigned to 109
live and that satisfies all of the following criteria: 110
(a) It provides programs through which the offender may 112
seek or maintain employment or may receive education, training, 113
treatment, or habilitation. 114
(b) It has received the appropriate license or certificate 116
for any specialized education, training, treatment, habilitation, 117
or other service that it provides from the government agency that 118
is responsible for licensing or certifying that type of 119
education, training, treatment, habilitation, or service. 120
(2) "Alternative residential facility" does not include a 123
community-based correctional facility, jail, halfway house, or 124
prison.
(B) "Bad time" means the time by which the parole board 126
administratively extends an offender's stated prison term or 127
terms pursuant to section 2967.11 of the Revised Code because the 128
parole board finds by clear and convincing evidence that the 129
offender, while serving the prison term or terms, committed an 130
act that is a criminal offense under the law of this state or the 131
United States, whether or not the offender is prosecuted for the 133
commission of that act.
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(C) "Basic supervision" means a requirement that the 136
offender maintain contact with a person appointed to supervise 138
the offender in accordance with sanctions imposed by the court or 139
imposed by the parole board pursuant to section 2967.28 of the 140
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 142
"unit dose" have the same meanings as in section 2925.01 of the 143
Revised Code.
(E) "Community-based correctional facility" means a 146
community-based correctional facility and program or district 147
community-based correctional facility and program developed 148
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 149
(F) "Community control sanction" means a sanction that is 152
not a prison term and that is described in section 2929.15, 153
2929.16, 2929.17, or 2929.18 of the Revised Code. 154
(G) "Criminally injurious conduct" means any conduct of 157
the type that is described in division (C)(1) or (2) of section 158
2743.51 of the Revised Code and that occurs on or after July 1, 159
1996, or any activity that is described in divisions (C)(3) and 160
(R) of section 2743.51 of the Revised Code and that occurs on or 161
after the effective date of this amendment MARCH 10, 1998. 163
(H) "Controlled substance," "marihuana," "schedule I," and 165
"schedule II" have the same meanings as in section 3719.01 of the 167
Revised Code.
(I) "Curfew" means a requirement that an offender during a 170
specified period of time be at a designated place. 171
(J) "Day reporting" means a sanction pursuant to which an 174
offender is required each day to report to and leave a center or 175
other approved reporting location at specified times in order to 176
participate in work, education or training, treatment, and other 177
approved programs at the center or outside the center. 178
(K) "Deadly weapon" has the same meaning as in section 181
2923.11 of the Revised Code. 182
(L) "Drug and alcohol use monitoring" means a program 185
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under which an offender agrees to submit to random chemical 186
analysis of the offender's blood, breath, or urine to determine 187
whether the offender has ingested any alcohol or other drugs. 188
(M) "Drug treatment program" means any program under which 191
a person undergoes assessment and treatment designed to reduce or 193
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 194
which the person may be required to receive assessment and 196
treatment on an outpatient basis or may be required to reside at 197
a facility other than the person's home or residence while
undergoing assessment and treatment. 198
(N) "Economic loss" means any economic detriment suffered 201
by a victim as a result of criminally injurious conduct and 202
includes any loss of income due to lost time at work because of 203
any injury caused to the victim, and any property loss, medical 204
cost, or funeral expense incurred as a result of the criminally 205
injurious conduct.
(O) "Education or training" includes study at, or in 208
conjunction with a program offered by, a university, college, or 209
technical college or vocational study and also includes the 210
completion of primary school, secondary school, and literacy 211
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 214
meaning as in section 2929.23 of the Revised Code. 215
(Q) "Eligible offender" has the same meaning as in section 218
2929.23 of the Revised Code except as otherwise specified in 219
section 2929.20 of the Revised Code. 220
(R) "Firearm" has the same meaning as in section 2923.11 223
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 226
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 228
Revised Code as a suitable facility for the care and treatment of 229
adult offenders.
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(T) "House arrest" means a period of confinement of an 231
eligible offender that is in the eligible offender's home or in 232
other premises specified by the sentencing court or by the parole 233
board pursuant to section 2967.28 of the Revised Code, that may 234
be electronically monitored house arrest, and during which all of 235
the following apply: 236
(1) The eligible offender is required to remain in the 238
eligible offender's home or other specified premises for the 240
specified period of confinement, except for periods of time 241
during which the eligible offender is at the eligible offender's 242
place of employment or at other premises as authorized by the 244
sentencing court or by the parole board.
(2) The eligible offender is required to report 247
periodically to a person designated by the court or parole board. 248
(3) The eligible offender is subject to any other 250
restrictions and requirements that may be imposed by the 251
sentencing court or by the parole board. 252
(U) "Intensive supervision" means a requirement that an 255
offender maintain frequent contact with a person appointed by the 256
court, or by the parole board pursuant to section 2967.28 of the 257
Revised Code, to supervise the offender while the offender is 258
seeking or maintaining necessary employment and participating in 259
training, education, and treatment programs as required in the 260
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 263
or other residential facility used for the confinement of alleged 264
or convicted offenders that is operated by a political 265
subdivision or a combination of political subdivisions of this 266
state.
(W) "Delinquent child" has the same meaning as in section 268
2151.02 of the Revised Code. 269
(X) "License violation report" means a report that is made 272
by a sentencing court, or by the parole board pursuant to section 273
2967.28 of the Revised Code, to the regulatory or licensing board 275
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or agency that issued an offender a professional license or a 276
license or permit to do business in this state and that specifies 277
that the offender has been convicted of or pleaded guilty to an 278
offense that may violate the conditions under which the 279
offender's professional license or license or permit to do 280
business in this state was granted or an offense for which the 281
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 282
(Y) "Major drug offender" means an offender who is 285
convicted of or pleads guilty to the possession of, sale of, or 286
offer to sell any drug, compound, mixture, preparation, or 287
substance that consists of or contains at least one thousand 288
grams of hashish; at least one hundred grams of crack cocaine; at 289
least one thousand grams of cocaine that is not crack cocaine; at 290
least two hundred fifty grams of heroin; at least five thousand 291
unit doses of L.S.D.; or at least one hundred times the amount of 293
any other schedule I or II controlled substance other than 294
marihuana that is necessary to commit a felony of the third 295
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 296
2925.11 of the Revised Code that is based on the possession of, 297
sale of, or offer to sell the controlled substance. 298
(Z) "Mandatory prison term" means one any of the 300
following:
(1) Subject to division (DD)(Z)(2) of this section, the 303
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10) of 304
section 2929.13 and division (D) of section 2929.14 of the 305
Revised Code. Except as provided in sections 2925.02, 2925.03, 307
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 308
maximum or another specific term is required under section 309
2929.14 of the Revised Code, a mandatory prison term described in 310
this division may be any prison term authorized for the level of 311
offense.
(2) The term of sixty OR ONE HUNDRED TWENTY days in prison 313
8
that a sentencing court is required to impose for a fourth THIRD 314
degree felony OMVI offense pursuant to division (G)(2) of section 317
2929.13 and division (A)(4) OR (8) of section 4511.99 of the 318
Revised Code.
(3) The term in prison imposed pursuant to section 2971.03 320
of the Revised Code for the offenses and in the circumstances 321
described in division (F)(9) of section 2929.13 of the Revised 322
Code and that term as modified or terminated pursuant to section 324
2971.05 of the Revised Code.
(AA) "Monitored time" means a period of time during which 327
an offender continues to be under the control of the sentencing 328
court or parole board, subject to no conditions other than 329
leading a law-abiding life.
(BB) "Offender" means a person who, in this state, is 332
convicted of or pleads guilty to a felony or a misdemeanor. 333
(CC) "Prison" means a residential facility used for the 336
confinement of convicted felony offenders that is under the 337
control of the department of rehabilitation and correction but 338
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 339
(DD) "Prison term" includes any of the following sanctions 341
for an offender:
(1) A stated prison term; 343
(2) A term in a prison shortened by, or with the approval 346
of, the sentencing court pursuant to section 2929.20, 2967.26, 347
5120.031, 5120.032, or 5120.073 of the Revised Code; 348
(3) A term in prison extended by bad time imposed pursuant 351
to section 2967.11 of the Revised Code or imposed for a violation 352
of post-release control pursuant to section 2967.28 of the 353
Revised Code.
(EE) "Repeat violent offender" means a person about whom 356
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 359
to, and is being sentenced for committing, for complicity in 360
9
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 361
other than one set forth in Chapter 2925. of the Revised Code, a 363
felony of the first degree set forth in Chapter 2925. of the 364
Revised Code that involved an attempt to cause serious physical 365
harm to a person or that resulted in serious physical harm to a 366
person, or a felony of the second degree that involved an attempt 367
to cause serious physical harm to a person or that resulted in 369
serious physical harm to a person.
(2) Either of the following applies: 371
(a) The person previously was convicted of or pleaded 373
guilty to, and served a prison term for, any of the following: 374
(i) Aggravated murder, murder, involuntary manslaughter, 376
rape, felonious sexual penetration as it existed under section 378
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 379
death of a person or in physical harm to a person, or complicity 380
in or an attempt to commit any of those offenses; 381
(ii) An offense under an existing or former law of this 384
state, another state, or the United States that is or was 385
substantially equivalent to an offense listed under division 386
(EE)(2)(a)(i) of this section.
(b) The person previously was adjudicated a delinquent 388
child for committing an act that if committed by an adult would 389
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 391
this section, the person was committed to the department of youth 392
services for that delinquent act, and the juvenile court in which 393
the person was adjudicated a delinquent child made a specific 394
finding that the adjudication should be considered a conviction 396
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 397
(FF) "Sanction" means any penalty imposed upon an offender 400
who is convicted of or pleads guilty to an offense, as punishment 401
for the offense. "Sanction" includes any sanction imposed 402
10
pursuant to any provision of sections 2929.14 to 2929.18 of the 403
Revised Code.
(GG) "Sentence" means the sanction or combination of 406
sanctions imposed by the sentencing court on an offender who is 407
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 410
prison term, or combination of all prison terms and mandatory 411
prison terms imposed by the sentencing court pursuant to section 412
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 413
includes any credit received by the offender for time spent in 414
jail awaiting trial, sentencing, or transfer to prison for the 415
offense and any time spent under house arrest or electronically 416
monitored house arrest imposed after earning credits pursuant to 417
section 2967.193 of the Revised Code. 418
(II) "Victim-offender mediation" means a reconciliation or 421
mediation program that involves an offender and the victim of the 422
offense committed by the offender and that includes a meeting in 423
which the offender and the victim may discuss the offense, 424
discuss restitution, and consider other sanctions for the 425
offense.
(JJ) "Fourth degree felony OMVI offense" means a violation 428
of division (A) of section 4511.19 of the Revised Code that, 430
under section 4511.99 of the Revised Code, is a felony of the 432
fourth degree.
(KK) "Mandatory term of local incarceration" means the 435
term of sixty OR ONE HUNDRED TWENTY days in a jail, a 436
community-based correctional facility, a halfway house, or an 437
alternative residential facility that a sentencing court is 438
required to impose upon a person who is convicted of or pleads 439
guilty to a fourth degree felony OMVI offense pursuant to 440
division (G)(1) of section 2929.13 of the Revised Code and 441
division (A)(4) OR (8) of section 4511.99 of the Revised Code. 442
(LL) "Designated homicide, assault, or kidnapping 444
offense," "sexual motivation specification," "sexually violent 445
11
offense," "sexually violent predator," and "sexually violent 446
predator specification" have the same meanings as in section 447
2971.01 of the Revised Code.
(MM) "Habitual sex offender," "sexually oriented offense," 450
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 451
(NN) "THIRD DEGREE FELONY OMVI OFFENSE" MEANS A VIOLATION 454
OF DIVISION (A) OF SECTION 4511.19 OF THE REVISED CODE THAT,
UNDER SECTION 4511.99 OF THE REVISED CODE, IS A FELONY OF THE 455
THIRD DEGREE.
Sec. 2929.13. (A) Except as provided in division (E), 465
(F), or (G) of this section and unless a specific sanction is 466
required to be imposed or is precluded from being imposed 467
pursuant to law, a court that imposes a sentence upon an offender 468
for a felony may impose any sanction or combination of sanctions 469
on the offender that are provided in sections 2929.14 to 2929.18 470
of the Revised Code. The sentence shall not impose an 471
unnecessary burden on state or local government resources. 472
If the offender is eligible to be sentenced to community 474
control sanctions, the court shall consider the appropriateness 476
of imposing a financial sanction pursuant to section 2929.18 of 477
the Revised Code or a sanction of community service pursuant to 479
section 2929.17 of the Revised Code as the sole sanction for the 480
offense. Except as otherwise provided in this division, if the 481
court is required to impose a mandatory prison term for the 482
offense for which sentence is being imposed, the court also may 483
impose a financial sanction pursuant to section 2929.18 of the 484
Revised Code but may not impose any additional sanction or 485
combination of sanctions under section 2929.16 or 2929.17 of the 486
Revised Code. 487
If the offender is being sentenced for a fourth degree 489
felony OMVI offense OR FOR A THIRD DEGREE FELONY OMVI OFFENSE, in 491
addition to the mandatory term of local incarceration or the 492
mandatory prison term required for the offense by division (G)(1) 494
12
or (2) of this section, the court shall impose upon the offender 495
a mandatory fine in accordance with division (B)(3) of section 496
2929.18 of the Revised Code and may impose whichever of the 498
following is applicable:
(1) If FOR A FOURTH DEGREE FELONY OMVI OFFENSE FOR WHICH 500
SENTENCE IS IMPOSED UNDER division (G)(1) of this section 501
requires that the offender be sentenced to a mandatory term of 503
local incarceration, an additional community control sanction or 505
combination of community control sanctions under section 2929.16
or 2929.17 of the Revised Code; 507
(2) If FOR A THIRD DEGREE FELONY OMVI OFFENSE FOR WHICH 509
SENTENCE IS IMPOSED UNDER division (G)(2) of this section 510
requires that the offender be sentenced to a mandatory prison 512
term, an additional prison term as described in division (D)(4) 513
of section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 516
(G) of this section, in sentencing an offender for a felony of 517
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 519
(a) In committing the offense, the offender caused 521
physical harm to a person. 522
(b) In committing the offense, the offender attempted to 525
cause or made an actual threat of physical harm to a person with 526
a deadly weapon.
(c) In committing the offense, the offender attempted to 529
cause or made an actual threat of physical harm to a person, and 530
the offender previously was convicted of an offense that caused 531
physical harm to a person.
(d) The offender held a public office or position of trust 534
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 535
or to bring those committing it to justice; or the offender's 536
professional reputation or position facilitated the offense or 537
was likely to influence the future conduct of others. 538
13
(e) The offender committed the offense for hire or as part 540
of an organized criminal activity. 541
(f) The offense is a sex offense that is a fourth or fifth 544
degree felony violation of section 2907.03, 2907.04, 2907.05, 545
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 546
Revised Code.
(g) The offender previously served a prison term. 548
(h) The offender previously was subject to a community 550
control sanction, and the offender committed another offense 552
while under the sanction.
(2)(a) If the court makes a finding described in division 555
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 556
and if the court, after considering the factors set forth in 557
section 2929.12 of the Revised Code, finds that a prison term is 559
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 561
offender is not amenable to an available community control 562
sanction, the court shall impose a prison term upon the offender. 563
(b) Except as provided in division (E), (F), or (G) of 565
this section, if the court does not make a finding described in 567
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 568
section and if the court, after considering the factors set forth 569
in section 2929.12 of the Revised Code, finds that a community 571
control sanction or combination of community control sanctions is 573
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 576
impose a community control sanction or combination of community 577
control sanctions upon the offender. 578
(C) Except as provided in division (E) or (F) of this 581
section, in determining whether to impose a prison term as a 582
sanction for a felony of the third degree or a felony drug 583
offense that is a violation of a provision of Chapter 2925. of 585
the Revised Code and that is specified as being subject to this 588
division for purposes of sentencing, the sentencing court shall 589
14
comply with the purposes and principles of sentencing under 590
section 2929.11 of the Revised Code and with section 2929.12 of 593
the Revised Code.
(D) Except as provided in division (E) or (F) of this 596
section, for a felony of the first or second degree and for a 597
felony drug offense that is a violation of any provision of 598
Chapter 2925., 3719., or 4729. of the Revised Code for which a 599
presumption in favor of a prison term is specified as being 600
applicable, it is presumed that a prison term is necessary in 601
order to comply with the purposes and principles of sentencing 602
under section 2929.11 of the Revised Code. Notwithstanding the 603
presumption established under this division, the sentencing court 604
may impose a community control sanction or a combination of 605
community control sanctions instead of a prison term on an 606
offender for a felony of the first or second degree or for a 607
felony drug offense that is a violation of any provision of 608
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 609
applicable if it makes both of the following findings: 611
(1) A community control sanction or a combination of 613
community control sanctions would adequately punish the offender 615
and protect the public from future crime, because the applicable 616
factors under section 2929.12 of the Revised Code indicating a 618
lesser likelihood of recidivism outweigh the applicable factors 620
under that section indicating a greater likelihood of recidivism. 622
(2) A community control sanction or a combination of 624
community control sanctions would not demean the seriousness of 626
the offense, because one or more factors under section 2929.12 of 627
the Revised Code that indicate that the offender's conduct was 628
less serious than conduct normally constituting the offense are 629
applicable, and they outweigh the applicable factors under that 630
section that indicate that the offender's conduct was more 631
serious than conduct normally constituting the offense. 632
(E)(1) Except as provided in division (F) of this section, 635
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for any drug offense that is a violation of any provision of 636
Chapter 2925. of the Revised Code and that is a felony of the 637
third, fourth, or fifth degree, the applicability of a 638
presumption under division (D) of this section in favor of a 639
prison term or of division (B) or (C) of this section in 640
determining whether to impose a prison term for the offense shall 642
be determined as specified in section 2925.02, 2925.03, 2925.04, 643
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 644
2925.36, or 2925.37 of the Revised Code, whichever is applicable 647
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 649
to a felony drug offense in violation of a provision of Chapter 650
2925., 3719., or 4729. of the Revised Code violates the 651
conditions of a community control sanction imposed for the 652
offense solely by possessing or using a controlled substance and 654
if the offender has not failed to meet the conditions of any drug 655
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 656
punishment for the violation of the sanction, shall order that 657
the offender participate in a drug treatment program or in 658
alcoholics anonymous, narcotics anonymous, or a similar program 659
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 660
forth in section 2929.11 of the Revised Code. If the court 661
determines that an order of that nature would not be consistent 662
with those purposes and principles or if the offender violated 663
the conditions of a drug treatment program in which the offender 664
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 665
sanction, including a prison term. 666
(F) Notwithstanding divisions (A) to (E) of this section, 669
the court shall impose a prison term or terms under sections 670
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 671
Revised Code and except as specifically provided in section 672
16
2929.20 of the Revised Code or when parole is authorized for the 673
offense under section 2967.13 of the Revised Code, shall not 674
reduce the terms pursuant to section 2929.20, section 2967.193, 675
or any other provision of Chapter 2967. or Chapter 5120. of the 677
Revised Code for any of the following offenses: 678
(1) Aggravated murder when death is not imposed or murder; 680
(2) Any rape, regardless of whether force was involved and 682
regardless of the age of the victim, or an attempt to commit rape 683
by force when the victim is under thirteen years of age; 686
(3) Gross sexual imposition or sexual battery, if the 688
victim is under thirteen years of age, if the offender previously 690
was convicted of or pleaded guilty to rape, the former offense of 691
felonious sexual penetration, gross sexual imposition, or sexual 692
battery, and if the victim of the previous offense was under 694
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 697
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 698
(5) A first, second, or third degree felony drug offense 701
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 702
4729.99 of the Revised Code, whichever is applicable regarding 704
the violation, requires the imposition of a mandatory prison 705
term;
(6) Any offense that is a first or second degree felony 707
and that is not set forth in division (F)(1), (2), (3), or (4) of 709
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 711
degree felony, or an offense under an existing or former law of 712
this state, another state, or the United States that is or was 713
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 715
of the Revised Code, that is a felony, if the offender had a 716
firearm on or about the offender's person or under the offender's 717
17
control while committing the felony, with respect to a portion of 718
the sentence imposed pursuant to division (D)(1)(a) of section 720
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 722
the Revised Code when the most serious offense in the pattern of 724
corrupt activity that is the basis of the offense is a felony of 725
the first degree;
(9) Any sexually violent offense for which the offender 727
also is convicted of or pleads guilty to a sexually violent 728
predator specification that was included in the indictment, count 729
in the indictment, or information charging the sexually violent 730
offense;
(10) A violation of division (A)(1) or (2) of section 732
2921.36 of the Revised Code, or a violation of division (C) of 733
that section involving an item listed in division (A)(1) or (2) 734
of that section, if the offender is an officer or employee of the 735
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 738
if an offender is being sentenced for a fourth degree felony OMVI 739
offense OR FOR A THIRD DEGREE FELONY OMVI OFFENSE, the court 740
shall impose upon the offender a mandatory term of local 741
incarceration or a mandatory prison term in accordance with the
following: 742
(1) Except as provided in division (G)(2) of this section 744
IF THE OFFENDER IS BEING SENTENCED FOR A FOURTH DEGREE FELONY 745
OMVI OFFENSE, the court shall impose upon the offender a 747
mandatory term of local incarceration of sixty days as specified 748
in division (A)(4) of section 4511.99 of the Revised Code and OR 749
A MANDATORY TERM OF LOCAL INCARCERATION OF ONE HUNDRED TWENTY 750
DAYS AS SPECIFIED IN DIVISION (A)(8) OF THAT SECTION. THE COURT 751
shall not reduce the term pursuant to section 2929.20, 2967.193, 752
or any other provision of the Revised Code. The court that 753
imposes a mandatory term of local incarceration under this 754
division shall specify whether the term is to be served in a
18
jail, a community-based correctional facility, a halfway house, 756
or an alternative residential facility, and the offender shall 757
serve the term in the type of facility specified by the court. 758
The court shall not sentence the offender to a prison term and
shall not specify that the offender is to serve the mandatory 759
term of local incarceration in prison. A mandatory term of local 760
incarceration imposed under division (G)(1) of this section is 761
not subject to extension under section 2967.11 of the Revised 762
Code, to a period of post-release control under section 2967.28 763
of the Revised Code, or to any other Revised Code provision that 764
pertains to a prison term.
(2) If the offender previously has been sentenced to a 766
mandatory term of local incarceration pursuant to division (G)(1) 767
of this section for a fourth IS BEING SENTENCED FOR A THIRD 768
degree felony OMVI offense, the court shall impose upon the 769
offender a mandatory prison term of sixty days as specified in 770
division (A)(4) of section 4511.99 of the Revised Code and OR A 771
MANDATORY PRISON TERM OF ONE HUNDRED TWENTY DAYS AS SPECIFIED IN 773
DIVISION (A)(8) OF THAT SECTION. THE COURT shall not reduce the 774
term pursuant to section 2929.20, 2967.193, or any other 776
provision of the Revised Code. In no case shall an offender who 777
once has been sentenced to a mandatory term of local 778
incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense be sentenced to another 779
mandatory term of local incarceration under that division for a 780
fourth degree felony OMVI offense ANY VIOLATION OF DIVISION (A) 781
OF SECTION 4511.19 OF THE REVISED CODE. The court shall not 782
sentence the offender to a community control sanction under 783
section 2929.16 or 2929.17 of the Revised Code. The department 784
of rehabilitation and correction may place an offender sentenced 785
to a mandatory prison term under this division in an intensive
program prison established pursuant to section 5120.033 of the 786
Revised Code if the department gave the sentencing judge prior 787
notice of its intent to place the offender in an intensive 788
19
program prison established under that section and if the judge 789
did not notify the department that the judge disapproved the 790
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 791
that is privately operated and managed by a contractor pursuant 793
to a contract entered into under section 9.06 of the Revised 794
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 796
make a reasonable effort to ensure that a sufficient number of 797
offenders sentenced to a mandatory prison term under this 798
division are placed in the privately operated and managed prison 799
so that the privately operated and managed prison has full 800
occupancy.
(b) Unless the privately operated and managed prison has 802
full occupancy, the department of rehabilitation and correction 803
shall not place any offender sentenced to a mandatory prison term 804
under this division in any intensive program prison established 805
pursuant to section 5120.033 of the Revised Code other than the 807
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 810
oriented offense committed on or after January 1, 1997, the judge 811
shall require the offender to submit to a DNA specimen collection 813
procedure pursuant to section 2901.07 of the Revised Code if 815
either of the following applies:
(1) The offense was a sexually violent offense, and the 817
offender also was convicted of or pleaded guilty to a sexually 818
violent predator specification that was included in the 819
indictment, count in the indictment, or information charging the 820
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 822
offense determines pursuant to division (B) of section 2950.09 of 823
the Revised Code that the offender is a sexual predator. 824
(I) If an offender is being sentenced for a sexually 827
oriented offense committed on or after January 1, 1997, the judge 828
20
shall include in the sentence a summary of the offender's duty to 830
register pursuant to section 2950.04 of the Revised Code, the 831
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 832
section 2950.05 of the Revised Code, the offender's duty to 833
periodically verify the offender's current residence address 834
pursuant to section 2950.06 of the Revised Code, and the duration 835
of the duties. The judge shall inform the offender, at the time 836
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 838
Code, shall perform the duties specified in that section. 839
Sec. 2929.14. (A) Except as provided in division (C), 849
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 850
relation to an offense for which a sentence of death or life 851
imprisonment is to be imposed, if the court imposing a sentence 852
upon an offender for a felony elects or is required to impose a 853
prison term on the offender pursuant to this chapter and is not 854
prohibited by division (G)(1) of section 2929.13 of the Revised 855
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 857
(1) For a felony of the first degree, the prison term 859
shall be three, four, five, six, seven, eight, nine, or ten 860
years. 861
(2) For a felony of the second degree, the prison term 863
shall be two, three, four, five, six, seven, or eight years. 864
(3) For a felony of the third degree, the prison term 866
shall be one, two, three, four, or five years. 867
(4) For a felony of the fourth degree, the prison term 869
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 870
fourteen, fifteen, sixteen, seventeen, or eighteen months. 871
(5) For a felony of the fifth degree, the prison term 873
shall be six, seven, eight, nine, ten, eleven, or twelve months. 875
(B) Except as provided in division (C), (D)(2), (D)(3), or 878
(G) of this section, in section 2907.02 of the Revised Code, or 879
21
in Chapter 2925. of the Revised Code, if the court imposing a 881
sentence upon an offender for a felony elects or is required to 882
impose a prison term on the offender and if the offender 883
previously has not served a prison term, the court shall impose 884
the shortest prison term authorized for the offense pursuant to 885
division (A) of this section, unless the court finds on the 886
record that the shortest prison term will demean the seriousness 887
of the offender's conduct or will not adequately protect the 888
public from future crime by the offender or others. 889
(C) Except as provided in division (G) of this section or 891
in Chapter 2925. of the Revised Code, the court imposing a 892
sentence upon an offender for a felony may impose the longest 893
prison term authorized for the offense pursuant to division (A) 894
of this section only upon offenders who committed the worst forms 895
of the offense, upon offenders who pose the greatest likelihood 896
of committing future crimes, upon certain major drug offenders 897
under division (D)(3) of this section, and upon certain repeat 898
violent offenders in accordance with division (D)(2) of this 900
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 902
this section, if an offender who is convicted of or pleads guilty 903
to a felony also is convicted of or pleads guilty to a 904
specification of the type described in section 2941.144 of the 905
Revised Code that charges the offender with having a firearm that 907
is an automatic firearm or that was equipped with a firearm 908
muffler or silencer on or about the offender's person or under 910
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 911
Revised Code that charges the offender with having a firearm on 912
or about the offender's person or under the offender's control 913
while committing the offense and displaying the firearm, 915
brandishing the firearm, indicating that the offender possessed 916
the firearm, or using it to facilitate the offense, or a 918
specification of the type described in section 2941.141 of the
22
Revised Code that charges the offender with having a firearm on 920
or about the offender's person or under the offender's control 921
while committing the felony, the court, after imposing a prison 922
term on the offender for the felony under division (A), (D)(2), 924
or (D)(3) of this section, shall impose an additional prison 925
term, determined pursuant to this division, that shall not be 926
reduced pursuant to section 2929.20, section 2967.193, or any 927
other provision of Chapter 2967. or Chapter 5120. of the Revised 928
Code. If the specification is of the type described in section 930
2941.144 of the Revised Code, the additional prison term shall be 931
six years. If the specification is of the type described in 933
section 2941.145 of the Revised Code, the additional prison term 935
shall be three years. If the specification is of the type 936
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 938
than one additional prison term on an offender under this 939
division for felonies committed as part of the same act or 940
transaction. If a court imposes an additional prison term under 941
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 942
division.
(ii) Except as provided in division (D)(1)(b) of this 945
section, if an offender who is convicted of or pleads guilty to a 946
violation of section 2923.161 of the Revised Code or to a felony 948
that includes, as an essential element, purposely or knowingly 949
causing or attempting to cause the death of or physical harm to 950
another, also is convicted of or pleads guilty to a specification 951
of the type described in section 2941.146 of the Revised Code 954
that charges the offender with committing the offense by 955
discharging a firearm from a motor vehicle, as defined in section 956
4501.01 of the Revised Code, other than a manufactured home, as 959
defined in section 4501.01 of the Revised Code, the court, after 961
imposing a prison term on the offender for the violation of 962
section 2923.161 of the Revised Code or for the other felony 964
23
offense under division (A), (D)(2), or (D)(3) of this section, 965
shall impose an additional prison term of five years upon the 966
offender that shall not be reduced pursuant to section 2929.20, 967
section 2967.193, or any other provision of Chapter 2967. or 968
Chapter 5120. of the Revised Code. A court shall not impose more 970
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 972
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 973
also shall impose an additional prison term under division 974
(D)(1)(a)(i) of this section relative to the same offense, 975
provided the criteria specified in that division for imposing an 976
additional prison term are satisfied relative to the offender and 977
the offense.
(b) The court shall not impose any of the additional 979
prison terms described in division (D)(1)(a) of this section upon 982
an offender for a violation of section 2923.12 or 2923.123 of the 983
Revised Code. The court shall not impose any of the additional 984
prison terms described in that division upon an offender for a 985
violation of section 2923.13 of the Revised Code unless all of 986
the following apply:
(i) The offender previously has been convicted of 989
aggravated murder, murder, or any felony of the first or second 990
degree.
(ii) Less than five years have passed since the offender 993
was released from prison or post-release control, whichever is 994
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 997
to a felony also is convicted of or pleads guilty to a 998
specification of the type described in section 2941.149 of the 999
Revised Code that the offender is a repeat violent offender, the 1,001
court shall impose a prison term from the range of terms 1,002
authorized for the offense under division (A) of this section 1,003
that may be the longest term in the range and that shall not be 1,004
24
reduced pursuant to section 2929.20, section 2967.193, or any 1,006
other provision of Chapter 2967. or Chapter 5120. of the Revised 1,007
Code. If the court finds that the repeat violent offender, in 1,009
committing the offense, caused any physical harm that carried a 1,010
substantial risk of death to a person or that involved 1,011
substantial permanent incapacity or substantial permanent 1,012
disfigurement of a person, the court shall impose the longest 1,013
prison term from the range of terms authorized for the offense 1,015
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 1,018
violent offender imposes the longest prison term from the range 1,019
of terms authorized for the offense under division (A) of this 1,020
section, the court may impose on the offender an additional 1,021
definite prison term of one, two, three, four, five, six, seven, 1,022
eight, nine, or ten years if the court finds that both of the 1,023
following apply with respect to the prison terms imposed on the 1,024
offender pursuant to division (D)(2)(a) of this section and, if 1,025
applicable, divisions (D)(1) and (3) of this section: 1,026
(i) The terms so imposed are inadequate to punish the 1,029
offender and protect the public from future crime, because the 1,030
applicable factors under section 2929.12 of the Revised Code 1,033
indicating a greater likelihood of recidivism outweigh the 1,035
applicable factors under that section indicating a lesser
likelihood of recidivism. 1,036
(ii) The terms so imposed are demeaning to the seriousness 1,039
of the offense, because one or more of the factors under section 1,040
2929.12 of the Revised Code indicating that the offender's 1,041
conduct is more serious than conduct normally constituting the 1,042
offense are present, and they outweigh the applicable factors 1,043
under that section indicating that the offender's conduct is less 1,045
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 1,048
section 2903.01 or 2907.02 of the Revised Code and the penalty 1,049
imposed for the violation is life imprisonment or commits a 1,050
25
violation of section 2903.02 of the Revised Code, if the offender 1,051
commits a violation of section 2925.03, 2925.04, or 2925.11 of 1,052
the Revised Code and that section requires the imposition of a 1,054
ten-year prison term on the offender or if a court imposing a 1,055
sentence upon an offender for a felony finds that the offender is 1,056
guilty of a specification of the type described in section 1,057
2941.1410 of the Revised Code, that the offender is a major drug 1,058
offender, is guilty of corrupt activity with the most serious 1,059
offense in the pattern of corrupt activity being a felony of the 1,060
first degree, or is guilty of an attempted forcible violation of 1,061
section 2907.02 of the Revised Code with the victim being under 1,062
thirteen years of age and that attempted violation is the felony 1,063
for which sentence is being imposed, the court shall impose upon 1,064
the offender for the felony violation a ten-year prison term that 1,065
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 1,067
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 1,070
division (D)(3)(a) of this section may impose an additional 1,071
prison term of one, two, three, four, five, six, seven, eight, 1,072
nine, or ten years, if the court, with respect to the term 1,073
imposed under division (D)(3)(a) of this section and, if 1,074
applicable, divisions (D)(1) and (2) of this section, makes both 1,076
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 1,077
this section.
(4) If the offender is being sentenced for a fourth THIRD 1,079
degree felony OMVI offense and if UNDER division (G)(2) of 1,082
section 2929.13 of the Revised Code requires the sentencing court 1,084
to impose upon the offender a mandatory prison term, the 1,085
sentencing court shall impose upon the offender a mandatory 1,086
prison term in accordance with that division. In addition to the 1,087
mandatory prison term, the sentencing court may sentence the 1,088
offender to an additional prison term of any duration specified 1,089
in division (A)(4)(3) of this section minus the sixty days 1,090
imposed upon the offender as the mandatory prison term. The 1,091
26
total of the additional prison term imposed under division (D)(4) 1,092
of this section plus the sixty days imposed as the mandatory 1,093
prison term shall equal one of the authorized prison terms 1,094
specified in division (A)(4)(3) of this section. If the court 1,096
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term 1,097
after the offender has served the mandatory prison term required 1,098
for the offense. The court shall not sentence the offender to a 1,099
community control sanction under section 2929.16 or 2929.17 of 1,100
the Revised Code.
(E)(1) If a mandatory prison term is imposed upon an 1,103
offender pursuant to division (D)(1)(a) of this section for 1,104
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 1,106
prison term is imposed upon an offender pursuant to division 1,107
(D)(1)(b) of this section for committing a felony specified in 1,108
that division by discharging a firearm from a motor vehicle, the 1,109
offender shall serve the mandatory prison term consecutively to 1,110
and prior to the prison term imposed for the underlying felony 1,111
pursuant to division (A), (D)(2), or (D)(3) of this section or 1,112
any other section of the Revised Code and consecutively to any 1,113
other prison term or mandatory prison term previously or 1,115
subsequently imposed upon the offender. 1,116
(2) If an offender who is an inmate in a jail, prison, or 1,119
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1,121
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 1,122
offender who is an inmate in a jail, prison, or other residential 1,123
detention facility or is under detention at a detention facility 1,124
commits another felony while the offender is an escapee in 1,126
violation of section 2921.34 of the Revised Code, any prison term 1,128
imposed upon the offender for one of those violations shall be 1,129
served by the offender consecutively to the prison term or term
27
of imprisonment the offender was serving when the offender 1,131
committed that offense and to any other prison term previously or 1,132
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 1,133
meanings as in section 2921.01 of the Revised Code. 1,134
(3) If a prison term is imposed for a violation of 1,136
division (B) of section 2911.01 of the Revised Code, the offender 1,138
shall serve that prison term consecutively to any other prison 1,139
term.
(4) If multiple prison terms are imposed on an offender 1,141
for convictions of multiple offenses, the court may require the 1,142
offender to serve the prison terms consecutively if the court 1,143
finds that the consecutive service is necessary to protect the 1,144
public from future crime or to punish the offender and that 1,145
consecutive sentences are not disproportionate to the seriousness 1,146
of the offender's conduct and to the danger the offender poses to 1,148
the public, and if the court also finds any of the following: 1,149
(a) The offender committed the multiple offenses while the 1,152
offender was awaiting trial or sentencing, was under a sanction 1,153
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 1,154
Revised Code, or was under post-release control for a prior 1,155
offense.
(b) The harm caused by the multiple offenses was so great 1,158
or unusual that no single prison term for any of the offenses 1,159
committed as part of a single course of conduct adequately 1,160
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 1,162
demonstrates that consecutive sentences are necessary to protect 1,163
the public from future crime by the offender. 1,164
(5) When consecutive prison terms are imposed pursuant to 1,167
division (E)(1), (2), (3), or (4) of this section, the term to be 1,168
served is the aggregate of all of the terms so imposed. 1,169
(F) If a court imposes a prison term of a type described 1,172
in division (B) of section 2967.28 of the Revised Code, it shall 1,173
28
include in the sentence a requirement that the offender be 1,174
subject to a period of post-release control after the offender's 1,175
release from imprisonment, in accordance with that division. If 1,176
a court imposes a prison term of a type described in division (C) 1,177
of that section, it shall include in the sentence a requirement 1,178
that the offender be subject to a period of post-release control 1,179
after the offender's release from imprisonment, in accordance 1,180
with that division, if the parole board determines that a period 1,181
of post-release control is necessary. 1,182
(G) If a person is convicted of or pleads guilty to a 1,184
sexually violent offense and also is convicted of or pleads 1,185
guilty to a sexually violent predator specification that was 1,186
included in the indictment, count in the indictment, or 1,187
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 1,188
the Revised Code, and Chapter 2971. of the Revised Code applies 1,189
regarding the prison term or term of life imprisonment without 1,190
parole imposed upon the offender and the service of that term of 1,191
imprisonment.
(H) If a person who has been convicted of or pleaded 1,193
guilty to a felony is sentenced to a prison term or term of 1,194
imprisonment under this section, sections 2929.02 to 2929.06 of 1,195
the Revised Code, section 2971.03 of the Revised Code, or any 1,196
other provision of law, section 5120.163 of the Revised Code 1,197
applies regarding the person while the person is confined in a
state correctional institution. 1,198
(I) If an offender who is convicted of or pleads guilty to 1,200
a felony that is an offense of violence also is convicted of or 1,202
pleads guilty to a specification of the type described in section 1,203
2941.142 of the Revised Code that charges the offender with 1,204
having committed the felony while participating in a criminal 1,205
gang, the court shall impose upon the offender an additional 1,207
prison term of one, two, or three years.
Sec. 2929.15. (A)(1) If in sentencing an offender for a 1,217
29
felony the court is not required to impose a prison term, a 1,218
mandatory prison term, or a term of life imprisonment upon the 1,219
offender, the court may directly impose a sentence community 1,220
control that consists of one or more community control sanctions 1,221
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 1,222
the Revised Code. If the court is sentencing an offender for a 1,223
fourth degree felony OMVI offense and if it is required to impose 1,224
on the offender a mandatory term of local incarceration pursuant 1,225
to UNDER division (G)(1) of section 2929.13 of the Revised Code, 1,227
in addition to the mandatory term of local incarceration IMPOSED 1,228
UNDER THAT DIVISION and the mandatory fine required by division 1,230
(B)(3) of section 2929.18 of the Revised Code, the court may 1,231
impose upon the offender a community control sanction or 1,232
combination of community control sanctions in accordance with 1,233
sections 2929.16 and 2929.17 of the Revised Code. The duration 1,234
of all community control sanctions so imposed imposed upon an 1,235
offender UNDER THIS DIVISION shall not exceed five years. If the 1,237
court sentences the offender to one or more nonresidential
sanctions under section 2929.17 of the Revised Code, the court 1,238
shall comply with division (C)(1)(b) of section 2951.02 of the 1,239
Revised Code and impose the mandatory condition described in that 1,240
division. The court may impose any other conditions of release 1,241
under a community control sanction that the court considers 1,242
appropriate. If the court is sentencing an offender for a fourth 1,243
THIRD degree felony OMVI offense and if it is required to impose 1,245
on the offender a mandatory prison term pursuant to UNDER 1,246
division (G)(2) of section 2929.13 of the Revised Code, the court 1,248
shall not impose upon the offender any community control sanction
or combination of community control sanctions under section 1,249
2929.16 or 2929.17 of the Revised Code. 1,250
(2)(a) If a court sentences an offender to any community 1,252
control sanction or combination of community control sanctions 1,253
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 1,254
the Revised Code, the court shall place the offender under the 1,255
30
general control and supervision of a department of probation in 1,256
the county that serves the court for purposes of reporting to the 1,257
court a violation of any of the sanctions or the mandatory 1,258
condition imposed under division (C)(1)(b) of section 2951.02 of 1,259
the Revised Code. Alternatively, if the offender resides in 1,260
another county and a county department of probation has been 1,261
established in that county or that county is served by a 1,262
multicounty probation department established under section 1,263
2301.27 of the Revised Code, the court may request the court of 1,265
common pleas of that county to receive the offender into the
general control and supervision of that county or multicounty 1,267
department of probation for purposes of reporting to the court a 1,268
violation of any of the sanctions, or the mandatory condition 1,269
imposed under division (C)(1)(b) of section 2951.02 of the 1,270
Revised Code, subject to the jurisdiction of the trial judge over 1,271
and with respect to the person of the offender, and to the rules 1,272
governing that department of probation. 1,273
If there is no department of probation in the county that 1,276
serves the court, the court shall place the offender, regardless 1,277
of the offender's county of residence, under the general control 1,278
and supervision of the adult parole authority for purposes of 1,279
reporting to the court a violation of any of the sanctions or the
mandatory condition imposed under division (C)(1)(b) of section 1,280
2951.02 of the Revised Code. 1,281
(b) If the court imposing sentence upon an offender 1,283
sentences the offender to any community control sanction or 1,284
combination of community control sanctions authorized pursuant to 1,286
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 1,287
the offender violates any of the sanctions or the mandatory 1,288
condition imposed under division (C)(1)(b) of section 2951.02 of 1,289
the Revised Code, the public or private person or entity that 1,291
operates or administers the sanction or the program or activity 1,292
that comprises the sanction shall report the violation directly 1,293
to the sentencing court, or shall report the violation to the 1,294
31
county or multicounty department of probation with general 1,295
control and supervision over the offender under division 1,296
(A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with 1,297
general control and supervision over the offender under that 1,298
division, to the adult parole authority. If the public or 1,299
private person or entity that operates or administers the 1,300
sanction or the program or activity that comprises the sanction 1,301
reports the violation to the county or multicounty department of 1,302
probation or the adult parole authority, the department's or 1,303
authority's officers may treat the offender as if the offender 1,304
were on probation and in violation of the probation, and shall 1,305
report the violation of the sanction or the mandatory condition 1,306
imposed under division (C)(1)(b) of section 2951.02 of the 1,307
Revised Code to the sentencing court.
(B) If the conditions of a community control sanction or 1,310
the mandatory condition imposed under division (C)(1)(b) of
section 2951.02 of the Revised Code is violated, the sentencing 1,311
court may impose a longer time under the same sanction if the 1,312
total time under the sanctions does not exceed the five-year 1,313
limit specified in division (A) of this section, may impose a 1,314
more restrictive sanction under section 2929.16, 2929.17, or 1,315
2929.18 of the Revised Code, or may impose a prison term on the 1,316
offender pursuant to section 2929.14 of the Revised Code. The 1,317
court shall not eliminate the mandatory condition imposed under 1,318
division (C)(1)(b) of section 2951.02 of the Revised Code. The 1,319
prison term, if any, imposed upon a violator pursuant to this 1,320
division shall be within the range of prison terms available for 1,321
the offense for which the sanction that was violated was imposed 1,322
and shall not exceed the prison term specified in the notice 1,323
provided to the offender at the sentencing hearing pursuant to 1,324
division (B)(3) of section 2929.19 of the Revised Code. The 1,326
court may reduce the longer period of time that the offender is 1,327
required to spend under the longer sanction, the more restrictive 1,328
32
sanction, or a prison term imposed pursuant to this division by 1,329
the time the offender successfully spent under the sanction that 1,330
was initially imposed.
(C) If an offender, for a significant period of time, 1,333
fulfills the conditions of a sanction imposed pursuant to section 1,334
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 1,335
manner, the court may reduce the period of time under the 1,336
sanction or impose a less restrictive sanction, but the court 1,337
shall not eliminate the mandatory condition imposed under 1,338
division (C)(1)(b) of section 2951.02 of the Revised Code.
Sec. 2929.16. (A) The court imposing a sentence for a 1,348
felony upon an offender who is not required to serve a mandatory 1,349
prison term may impose any community residential sanction or 1,350
combination of community residential sanctions under this 1,351
section. The court imposing a sentence for a fourth degree
felony OMVI offense upon an offender who is required to serve a 1,353
mandatory term of local incarceration pursuant to UNDER division 1,354
(G)(1) of section 2929.13 of the Revised Code may impose upon the 1,355
offender, in addition to the mandatory term of local 1,357
incarceration IMPOSED UNDER THAT DIVISION, a community 1,358
residential sanction or combination of community residential 1,360
sanctions under this section, and the offender shall serve or 1,361
satisfy the sanction or combination of sanctions after the
offender has served the mandatory term of local incarceration 1,362
required for the offense. Community residential sanctions 1,363
include, but are not limited to, the following: 1,364
(1) A term of up to six months at a community-based 1,366
correctional facility that serves the county; 1,367
(2) Except as otherwise provided in division (A)(3) of 1,369
this section and subject to division (D) of this section, a term 1,371
of up to six months in a jail;
(3) If the offender is convicted of a fourth degree felony 1,373
OMVI offense and is sentenced pursuant to UNDER division (G)(1) 1,374
of section 2929.13 of the Revised Code, subject to division (D) 1,376
33
of this section, a term of up to one year in a jail less the 1,377
mandatory term of local incarceration of sixty OR ONE HUNDRED 1,379
TWENTY consecutive days of imprisonment imposed pursuant to that 1,381
division;
(4) A term in a halfway house; 1,383
(5) A term in an alternative residential facility. 1,385
(B) The court that assigns any offender convicted of a 1,388
felony to a residential sanction under this section may authorize 1,389
the offender to be released so that the offender may seek or 1,390
maintain employment, receive education or training, or receive 1,391
treatment. A release pursuant to this division shall be only for 1,392
the duration of time that is needed to fulfill the purpose of the 1,393
release and for travel that reasonably is necessary to fulfill 1,394
the purposes of the release.
(C) If the court assigns an offender to a county jail that 1,397
is not a minimum security misdemeanant jail in a county that has 1,398
established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of 1,399
the sentence, whether the sheriff of that county may consider the 1,400
offender for participation in the county jail industry program. 1,402
During the offender's term in the county jail, the court shall 1,403
retain jurisdiction to modify its specification upon a 1,404
reassessment of the offender's qualifications for participation
in the program. 1,405
(D) If a court sentences an offender to a term in jail 1,408
under division (A)(2) or (3) of this section and if the sentence 1,410
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 1,411
that the offender serve the term in a minimum security jail 1,412
established under section 341.34 or 753.21 of the Revised Code. 1,413
If the court includes a specification of that type in the 1,415
sentence and if the administrator of the appropriate minimum 1,416
security jail or the designee of that administrator classifies 1,417
the offender in accordance with section 341.34 or 753.21 of the
34
Revised Code as a minimal security risk, the offender shall serve 1,419
the term in the minimum security jail established under section 1,420
341.34 or 753.21 of the Revised Code. Absent a specification of 1,422
that type and a finding of that type, the offender shall serve 1,423
the term in a jail other than a minimum security jail established
under section 341.34 or 753.21 of the Revised Code. 1,424
(E) If a person who has been convicted of or pleaded 1,426
guilty to a felony is sentenced to a community residential 1,427
sanction as described in division (A) of this section, at the 1,428
time of reception and at other times the person in charge of the 1,429
operation of the community-based correctional facility, jail, 1,430
halfway house, alternative residential facility, or other place 1,431
at which the offender will serve the residential sanction
determines to be appropriate, the person in charge of the 1,432
operation of the community-based correctional facility, jail, 1,433
halfway house, alternative residential facility, or other place 1,434
may cause the convicted offender to be examined and tested for 1,435
tuberculosis, HIV infection, hepatitis, including but not limited 1,436
to hepatitis A, B, and C, and other contagious diseases. The 1,438
person in charge of the operation of the community-based 1,439
correctional facility, jail, halfway house, alternative
residential facility, or other place at which the offender will 1,440
serve the residential sanction may cause a convicted offender in 1,441
the community-based correctional facility, jail, halfway house, 1,442
alternative residential facility, or other place who refuses to 1,443
be tested or treated for tuberculosis, HIV infection, hepatitis, 1,444
including but not limited to hepatitis A, B, and C, or another 1,445
contagious disease to be tested and treated involuntarily. 1,447
Sec. 2929.17. The court imposing a sentence for a felony 1,457
upon an offender who is not required to serve a mandatory prison 1,458
term may impose any nonresidential sanction or combination of 1,459
nonresidential sanctions authorized under this section. If the 1,460
court imposes one or more nonresidential sanctions authorized
under this section, the court shall comply with division 1,461
35
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 1,462
mandatory condition described in that division. The court 1,463
imposing a sentence for a fourth degree felony OMVI offense upon 1,464
an offender who is required to serve a mandatory term of local 1,465
incarceration under division (G)(1) of section 2929.13 of the 1,466
Revised Code may impose upon the offender, in addition to the 1,467
mandatory term of local incarceration IMPOSED UNDER THAT 1,468
DIVISION, a nonresidential sanction or combination of 1,469
nonresidential sanctions under this section, and the offender 1,470
shall serve or satisfy the sanction or combination of sanctions
after the offender has served the mandatory term of local 1,471
incarceration required for the offense. Nonresidential sanctions 1,472
include, but are not limited to, the following: 1,473
(A) A term of day reporting; 1,475
(B) A term of electronically monitored house arrest, a 1,477
term of electronic monitoring without house arrest, or a term of 1,478
house arrest without electronic monitoring; 1,479
(C) A term of community service of up to five hundred 1,481
hours pursuant to division (F) of section 2951.02 of the Revised 1,483
Code or, if the court determines that the offender is financially 1,484
incapable of fulfilling a financial sanction described in section 1,485
2929.18 of the Revised Code, a term of community service as an 1,486
alternative to a financial sanction; 1,487
(D) A term in a drug treatment program with a level of 1,489
security for the offender as determined necessary by the court; 1,490
(E) A term of intensive supervision; 1,492
(F) A term of basic supervision; 1,494
(G) A term of monitored time; 1,496
(H) A term of drug and alcohol use monitoring; 1,498
(I) A curfew term; 1,500
(J) A requirement that the offender obtain employment; 1,502
(K) A requirement that the offender obtain education or 1,505
training;
(L) Provided the court obtains the prior approval of the 1,507
36
victim, a requirement that the offender participate in 1,508
victim-offender mediation; 1,509
(M) A license violation report. 1,511
Sec. 2929.18. (A) Except as otherwise provided in this 1,520
division and in addition to imposing court costs pursuant to 1,521
section 2947.23 of the Revised Code, the court imposing a 1,522
sentence upon an offender for a felony may sentence the offender 1,523
to any financial sanction or combination of financial sanctions 1,525
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 1,526
offender a fine in accordance with that section. If the offender 1,527
is sentenced to a sanction of confinement pursuant to section 1,528
2929.14 or 2929.16 of the Revised Code that is to be served in a 1,529
facility operated by a board of county commissioners, a 1,530
legislative authority of a municipal corporation, or another 1,531
governmental entity, the court imposing sentence upon an offender 1,532
for a felony shall comply with division (A)(4)(b) of this section 1,533
in determining whether to sentence the offender to a financial 1,534
sanction described in division (A)(4)(a) of this section. 1,535
Financial sanctions that may be imposed pursuant to this section 1,536
include, but are not limited to, the following: 1,537
(1) Restitution by the offender to the victim of the 1,539
offender's crime or any survivor of the victim, in an amount 1,540
based on the victim's economic loss. The court shall order that 1,541
the restitution be made to the adult probation department that 1,542
serves the county on behalf of the victim, to the clerk of 1,543
courts, or to another agency designated by the court, except that 1,544
it may include a requirement that reimbursement be made to third 1,545
parties for amounts paid to or on behalf of the victim or any 1,546
survivor of the victim for economic loss resulting from the 1,547
offense. If reimbursement to third parties is required, the 1,548
reimbursement shall be made to any governmental agency to repay 1,549
any amounts paid by the agency to or on behalf of the victim or 1,550
any survivor of the victim for economic loss resulting from the 1,551
37
offense before any reimbursement is made to any person other than 1,552
a governmental agency. If no governmental agency incurred 1,553
expenses for economic loss of the victim or any survivor of the 1,554
victim resulting from the offense, the reimbursement shall be 1,555
made to any person other than a governmental agency to repay 1,556
amounts paid by that person to or on behalf of the victim or any 1,557
survivor of the victim for economic loss of the victim resulting 1,559
from the offense. The court shall not require an offender to 1,560
repay an insurance company for any amounts the company paid on 1,561
behalf of the offender pursuant to a policy of insurance. At 1,562
sentencing, the court shall determine the amount of restitution 1,564
to be made by the offender. All restitution payments shall be 1,565
credited against any recovery of economic loss in a civil action 1,566
brought by the victim or any survivor of the victim against the 1,567
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 1,569
this section, a fine payable by the offender to the state, to a 1,570
political subdivision, or as described in division (B)(2) of this 1,572
section to one or more law enforcement agencies, with the amount 1,573
of the fine based on a standard percentage of the offender's 1,574
daily income over a period of time determined by the court and 1,575
based upon the seriousness of the offense. A fine ordered under 1,576
this division shall not exceed the statutory fine amount 1,577
authorized for the level of the offense under division (A)(3) of 1,578
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 1,580
this section, a fine payable by the offender to the state, to a 1,581
political subdivision when appropriate for a felony, or as 1,582
described in division (B)(2) of this section to one or more law 1,584
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 1,587
thousand dollars;
(b) For a felony of the second degree, not more than 1,590
fifteen thousand dollars;
38
(c) For a felony of the third degree, not more than ten 1,593
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,596
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,599
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,602
reimbursement by the offender of any or all of the costs of 1,604
sanctions incurred by the government, including the following: 1,605
(i) All or part of the costs of implementing any community 1,608
control sanction;
(ii) All or part of the costs of confinement under a 1,611
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,612
Revised Code, provided that the amount of reimbursement ordered 1,613
under this division shall not exceed ten thousand dollars or the 1,614
total amount of reimbursement the offender is able to pay as 1,615
determined at a hearing, whichever amount is greater; 1,616
(b) If the offender is sentenced to a sanction of 1,618
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,619
Code that is to be served in a facility operated by a board of 1,621
county commissioners, a legislative authority of a municipal 1,622
corporation, or another local governmental entity, one of the
following applies: 1,623
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,625
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 1,626
Revised Code, the board, legislative authority, or other local 1,627
governmental entity requires prisoners convicted of an offense 1,628
other than a minor misdemeanor to reimburse the county, municipal 1,629
corporation, or other entity for its expenses incurred by reason 1,630
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 1,631
the offender to reimburse the county, municipal corporation, or 1,632
other local governmental entity for the cost of the confinement. 1,633
In addition, the court may impose any other financial sanction 1,634
39
under this section.
(ii) If, pursuant to any section identified in division 1,636
(A)(4)(b)(i) of this section, the board, legislative authority, 1,638
or other local governmental entity has adopted a resolution or 1,640
ordinance specifying that prisoners convicted of felonies are not 1,641
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,643
the prisoner's confinement, the court shall not impose a 1,644
financial sanction under division (A)(4)(a) of this section that 1,645
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 1,646
the confinement, but the court may impose any other financial 1,648
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,650
of this section applies, the court may impose, but is not 1,651
required to impose, any financial sanction under this section. 1,652
(c) Reimbursement by the offender for costs pursuant to 1,655
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 1,658
violation of any provision of Chapter 2925., 3719., or 4729. of 1,659
the Revised Code, the sentencing court shall impose upon the 1,660
offender a mandatory fine of at least one-half of, but not more 1,661
than, the maximum statutory fine amount authorized for the level 1,662
of the offense pursuant to division (A)(3) of this section. If 1,663
an offender alleges in an affidavit filed with the court prior to 1,665
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,666
indigent person and is unable to pay the mandatory fine described 1,667
in this division, the court shall not impose the mandatory fine 1,668
upon the offender.
(2) Any mandatory fine imposed upon an offender under 1,670
division (B)(1) of this section and any fine imposed upon an 1,672
offender under division (A)(2) or (3) of this section for any 1,673
fourth or fifth degree felony violation of any provision of 1,674
40
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,675
to law enforcement agencies pursuant to division (F) of section 1,676
2925.03 of the Revised Code. 1,677
(3) For a fourth degree felony OMVI offense AND FOR A 1,681
THIRD DEGREE FELONY OMVI OFFENSE, the sentencing court shall 1,682
impose upon the offender a mandatory fine in the amount specified 1,683
in division (A)(4) OR (8) of section 4511.99 of the Revised Code. 1,686
The mandatory fine so imposed shall be disbursed as provided in 1,687
division (A)(4) OR (8) of section 4511.99 of the Revised Code. 1,689
(4) Notwithstanding any fine otherwise authorized or 1,692
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,693
this section or section 2929.31 of the Revised Code for a 1,694
violation of section 2925.03 or 2925.07 of the Revised Code, in 1,695
addition to any penalty or sanction imposed for that offense 1,696
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 1,697
of the Revised Code and in addition to the forfeiture of property 1,699
in connection with the offense as prescribed in sections 2925.42 1,700
to 2925.45 of the Revised Code, the court that sentences an 1,702
offender for a violation of section 2925.03 or 2925.07 of the 1,703
Revised Code may impose upon the offender a fine in addition to 1,704
any fine imposed under division (A)(2) or (3) of this section and 1,706
in addition to any mandatory fine imposed under division (B)(1) 1,707
of this section. The fine imposed under division (B)(4) of this 1,708
section shall be used as provided in division (H) of section 1,709
2925.03 of the Revised Code. A fine imposed under division 1,710
(B)(4) of this section shall not exceed whichever of the 1,711
following is applicable:
(a) The total value of any personal or real property in 1,714
which the offender has an interest and that was used in the 1,715
course of, intended for use in the course of, derived from, or 1,716
realized through conduct in violation of section 2925.03 or 1,717
2925.07 of the Revised Code, including any property that 1,718
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 1,721
41
type described in division (B)(4)(a) of this section or if it is 1,722
not possible to ascertain whether the offender has an interest in 1,724
any property of that type in which the offender may have an 1,725
interest, the amount of the mandatory fine for the offense 1,726
imposed under division (B)(1) of this section or, if no mandatory 1,727
fine is imposed under division (B)(1) of this section, the amount 1,728
of the fine authorized for the level of the offense imposed under 1,730
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,733
section, the court shall determine whether the offender has an 1,734
interest in any property of the type described in division 1,735
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,737
or (7) of this section, a fine that is authorized and imposed 1,738
under division (B)(4) of this section does not limit or affect 1,740
the imposition of the penalties and sanctions for a violation of 1,741
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 1,744
and does not limit or affect a forfeiture of property in 1,745
connection with the offense as prescribed in sections 2925.42 to 1,746
2925.45 of the Revised Code. 1,747
(6) If the sum total of a mandatory fine amount imposed 1,749
for a first, second, or third degree felony violation of section 1,750
2925.03 or a third degree felony violation of section 2925.07 of 1,752
the Revised Code under division (B)(1) of this section plus the 1,753
amount of any fine imposed under division (B)(4) of this section 1,755
does not exceed the maximum statutory fine amount authorized for 1,756
the level of the offense under division (A)(3) of this section or 1,757
section 2929.31 of the Revised Code, the court may impose a fine 1,759
for the offense in addition to the mandatory fine and the fine 1,760
imposed under division (B)(4) of this section. The sum total of 1,761
the amounts of the mandatory fine, the fine imposed under 1,762
division (B)(4) of this section, and the additional fine imposed 1,763
under division (B)(6) of this section shall not exceed the 1,765
maximum statutory fine amount authorized for the level of the 1,766
42
offense under division (A)(3) of this section or section 2929.31 1,767
of the Revised Code. The clerk of the court shall pay any fine 1,768
that is imposed under division (B)(6) of this section to the 1,769
county, township, municipal corporation, park district as created 1,771
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,772
state law enforcement agencies in this state that primarily were 1,773
responsible for or involved in making the arrest of, and in 1,774
prosecuting, the offender pursuant to division (F) of section 1,775
2925.03 of the Revised Code. 1,776
(7) If the sum total of the amount of a mandatory fine 1,778
imposed for a first, second, or third degree felony violation of 1,779
section 2925.03 or a third degree felony violation of section 1,780
2925.07 of the Revised Code plus the amount of any fine imposed 1,782
under division (B)(4) of this section exceeds the maximum 1,783
statutory fine amount authorized for the level of the offense 1,784
under division (A)(3) of this section or section 2929.31 of the 1,785
Revised Code, the court shall not impose a fine under division 1,786
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,789
the offender pursuant to division (A)(4)(a) of this section to 1,791
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,793
confine offenders pursuant to sanctions imposed under section 1,794
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,795
The treasurer of state shall deposit the reimbursements in the 1,796
confinement cost reimbursement fund that is hereby created in the 1,797
state treasury. The department of rehabilitation and correction 1,798
shall use the amounts deposited in the fund to fund the operation 1,799
of facilities used to confine offenders pursuant to sections 1,800
2929.14 and 2929.16 of the Revised Code. 1,801
(2) Except as provided in section 2951.021 of the Revised 1,803
Code, the offender shall pay reimbursements imposed upon the 1,804
offender pursuant to division (A)(4)(a) of this section to pay 1,806
the costs incurred by a county pursuant to any sanction imposed 1,807
43
under this section or section 2929.16 or 2929.17 of the Revised 1,808
Code or in operating a facility used to confine offenders 1,809
pursuant to a sanction imposed under section 2929.16 of the 1,810
Revised Code to the county treasurer. The county treasurer shall 1,811
deposit the reimbursements in the sanction cost reimbursement 1,812
fund that each board of county commissioners shall create in its 1,813
county treasury. The county shall use the amounts deposited in 1,814
the fund to pay the costs incurred by the county pursuant to any 1,815
sanction imposed under this section or section 2929.16 or 2929.17 1,816
of the Revised Code or in operating a facility used to confine 1,818
offenders pursuant to a sanction imposed under section 2929.16 of 1,819
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,821
Code, the offender shall pay reimbursements imposed upon the 1,822
offender pursuant to division (A)(4)(a) of this section to pay 1,824
the costs incurred by a municipal corporation pursuant to any 1,825
sanction imposed under this section or section 2929.16 or 2929.17 1,826
of the Revised Code or in operating a facility used to confine 1,827
offenders pursuant to a sanction imposed under section 2929.16 of 1,828
the Revised Code to the treasurer of the municipal corporation. 1,830
The treasurer shall deposit the reimbursements in a special fund 1,831
that shall be established in the treasury of each municipal 1,832
corporation. The municipal corporation shall use the amounts 1,833
deposited in the fund to pay the costs incurred by the municipal 1,834
corporation pursuant to any sanction imposed under this section 1,835
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,836
a facility used to confine offenders pursuant to a sanction 1,837
imposed under section 2929.16 of the Revised Code. 1,838
(4) Except as provided in section 2951.021 of the Revised 1,840
Code, the offender shall pay reimbursements imposed pursuant to 1,841
division (A)(4)(a) of this section for the costs incurred by a 1,842
private provider pursuant to a sanction imposed under this 1,843
section or section 2929.16 or 2929.17 of the Revised Code to the 1,844
provider.
44
(D) A financial sanction imposed pursuant to division (A) 1,846
or (B) of this section is a judgment in favor of the state or a 1,847
political subdivision in which the court that imposed the 1,848
financial sanction is located, and the offender subject to the 1,849
sanction is the judgment debtor, except that a financial sanction 1,850
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,852
this section upon an offender who is incarcerated in a state 1,853
facility or a municipal jail is a judgment in favor of the state 1,854
or the municipal corporation, a financial sanction of 1,855
reimbursement imposed upon an offender pursuant to this section 1,856
for costs incurred by a private provider of sanctions is a 1,857
judgment in favor of the private provider, and a financial 1,858
sanction of restitution imposed pursuant to this section is a 1,859
judgment in favor of the victim of the offender's criminal act. 1,860
Once the financial sanction is imposed as a judgment, the victim, 1,861
private provider, state, or political subdivision may bring an 1,862
action to do any of the following:
(1) Obtain execution of the judgment through any available 1,865
procedure, including:
(a) An execution against the property of the judgment 1,868
debtor under Chapter 2329. of the Revised Code; 1,869
(b) An execution against the person of the judgment debtor 1,872
under Chapter 2331. of the Revised Code; 1,873
(c) A proceeding in aid of execution under Chapter 2333. 1,876
of the Revised Code, including: 1,877
(i) A proceeding for the examination of the judgment 1,880
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,881
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,884
judgment debtor under section 2333.28 of the Revised Code; 1,885
(iii) A creditor's suit under section 2333.01 of the 1,888
Revised Code.
(d) The attachment of the property of the judgment debtor 1,891
under Chapter 2715. of the Revised Code; 1,892
45
(e) The garnishment of the property of the judgment debtor 1,895
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,897
judgment debtor under section 1321.33 of the Revised Code. 1,899
(E) A court that imposes a financial sanction upon an 1,901
offender may hold a hearing if necessary to determine whether the 1,902
offender is able to pay the sanction or is likely in the future 1,903
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,906
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,908
enter into contracts with one or more public agencies or private 1,909
vendors for the collection of, amounts due under the financial 1,910
sanction imposed pursuant to this section or section 2929.25 of 1,911
the Revised Code. Before entering into a contract for the 1,912
collection of amounts due from an offender pursuant to any 1,913
financial sanction imposed pursuant to this section or section 1,914
2929.25 of the Revised Code, a court shall comply with sections 1,915
307.86 to 307.92 of the Revised Code. 1,916
(G) If a court that imposes a financial sanction under 1,919
division (A) or (B) of this section finds that an offender 1,920
satisfactorily has completed all other sanctions imposed upon the 1,921
offender and that all restitution that has been ordered has been 1,922
paid as ordered, the court may suspend any financial sanctions 1,923
imposed pursuant to this section or section 2929.25 of the 1,924
Revised Code that have not been paid. 1,925
(H) No financial sanction imposed under this section or 1,928
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,929
Sec. 2929.19. (A)(1) The court shall hold a sentencing 1,941
hearing before imposing a sentence under this chapter upon an 1,943
offender who was convicted of or pleaded guilty to a felony and 1,944
before resentencing an offender who was convicted of or pleaded 1,945
guilty to a felony and whose case was remanded pursuant to 1,946
46
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 1,947
the offender, the prosecuting attorney, the victim or the 1,948
victim's representative in accordance with section 2930.14 of the 1,949
Revised Code, and, with the approval of the court, any other 1,950
person may present information relevant to the imposition of 1,951
sentence in the case. The court shall inform the offender of the 1,952
verdict of the jury or finding of the court and ask the offender 1,953
whether the offender has anything to say as to why sentence 1,954
should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before 1,956
imposing sentence on an offender who is being sentenced for a 1,958
sexually oriented offense that was committed on or after the 1,959
effective date of this amendment JANUARY 1, 1997, and that is not 1,961
a sexually violent offense, and before imposing sentence on an 1,962
offender who is being sentenced for a sexually violent offense 1,963
committed on or after the effective date of this amendment 1,964
JANUARY 1, 1997, and who was not charged with a sexually violent 1,965
predator specification in the indictment, count in the 1,966
indictment, or information charging the sexually violent offense, 1,967
the court shall conduct a hearing in accordance with division (B) 1,968
of section 2950.09 of the Revised Code to determine whether the 1,970
offender is a sexual predator. The court shall not conduct a 1,971
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 1,972
specification was included in the indictment, count in the 1,974
indictment, or information charging the sexually violent offense. 1,975
Before imposing sentence on an offender who is being sentenced 1,976
for a sexually oriented offense, the court also shall comply with 1,977
division (E) of section 2950.09 of the Revised Code. 1,978
(B)(1) At the sentencing hearing, the court, before 1,981
imposing sentence, shall consider the record, any information 1,982
presented at the hearing by any person pursuant to division (A) 1,983
of this section, and, if one was prepared, the presentence 1,984
investigation report made pursuant to section 2951.03 of the 1,985
47
Revised Code or Criminal Rule 32.2, and any victim impact 1,986
statement made pursuant to section 2947.051 of the Revised Code. 1,988
(2) The court shall impose a sentence and shall make a 1,990
finding that gives its reasons for selecting the sentence imposed 1,992
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 1,994
which the court is required to impose sentence pursuant to 1,995
division (G) of section 2929.14 of the Revised Code, if it 1,996
imposes a prison term for a felony of the fourth or fifth degree 1,997
or for a felony drug offense that is a violation of a provision 1,998
of Chapter 2925. of the Revised Code and that is specified as 1,999
being subject to division (B) of section 2929.13 of the Revised 2,001
Code for purposes of sentencing and, if the term is not a 2,002
mandatory prison term imposed pursuant to division (G)(2) of 2,003
section 2929.13 of the Revised Code for a THIRD DEGREE felony 2,004
OMVI offense, its reasons for imposing the prison term, based 2,006
upon the overriding purposes and principles of felony sentencing
set forth in section 2929.11 of the Revised Code, and any factors 2,007
listed in divisions (B)(1)(a) to (h) of section 2929.13 of the 2,008
Revised Code that it found to apply relative to the offender. 2,009
(b) If it does not impose a prison term for a felony of 2,012
the first or second degree or for a felony drug offense that is a 2,013
violation of a provision of Chapter 2925. of the Revised Code and 2,015
for which a presumption in favor of a prison term is specified as 2,016
being applicable, its reasons for not imposing the prison term 2,017
and for overriding the presumption, based upon the overriding 2,018
purposes and principles of felony sentencing set forth in section 2,019
2929.11 of the Revised Code, and the basis of the findings it 2,020
made under divisions (D)(1) and (2) of section 2929.13 of the 2,022
Revised Code.
(c) If it imposes consecutive sentences under section 2,025
2929.14 of the Revised Code, its reasons for imposing the 2,026
consecutive sentences;
(d) If the sentence is for one offense and it imposes a 2,028
48
prison term for the offense that is the maximum prison term 2,029
allowed for that offense by division (A) of section 2929.14 of 2,030
the Revised Code, its reasons for imposing the maximum prison 2,031
term;
(e) If the sentence is for two or more offenses arising 2,033
out of a single incident and it imposes a prison term for those 2,034
offenses that is the maximum prison term allowed for the offense 2,035
of the highest degree by division (A) of section 2929.14 of the 2,036
Revised Code, its reasons for imposing the maximum prison term. 2,037
(3) Subject to division (B)(4) of this section, if the 2,040
sentencing court determines at the sentencing hearing that a 2,041
prison term is necessary or required, the court shall do all of 2,042
the following:
(a) Impose a stated prison term; 2,044
(b) Notify the offender that the parole board may extend 2,047
the stated prison term if the offender commits any criminal 2,048
offense under the laws of this state or the United States while 2,049
serving the prison term, that the extension will be done
administratively as part of the offender's sentence in accordance 2,050
with section 2967.11 of the Revised Code and may be for thirty, 2,051
sixty, or ninety days for each violation, that all extensions of 2,052
any stated prison term for all violations during the course of 2,053
the term may not exceed one-half of the term's duration, and that 2,054
the sentence so imposed automatically includes any extension of 2,055
the stated prison term by the parole board; 2,056
(c) Subject to division (B)(4) of this section, if the 2,059
offender is being sentenced for a felony of the first degree, for 2,060
a felony of the second degree, for a felony sex offense, as 2,061
defined in section 2967.28 of the Revised Code, or for a felony 2,062
of the third degree that is not a felony sex offense and in the 2,063
commission of which the offender caused or threatened to cause 2,064
physical harm to a person, notify the offender that a period of 2,065
post-release control pursuant to section 2967.28 of the Revised 2,066
Code will be imposed following the offender's release from 2,067
49
prison;
(d) Subject to division (B)(4) of this section, if the 2,070
offender is being sentenced for a felony of the third, fourth, or 2,071
fifth degree that is not subject to division (B)(3)(c) of this 2,072
section, notify the offender that a period of post-release 2,073
control pursuant to section 2967.28 of the Revised Code may be
imposed following the offender's release from prison; 2,074
(e) Notify the offender that, if a period of post-release 2,077
control is imposed following the offender's release from prison, 2,078
as described in division (B)(3)(c) or (d) of this section, and if 2,080
the offender violates a post-release control sanction imposed as 2,081
a component of the post-release control including the mandatory 2,082
condition described in division (A) of section 2967.121 of the 2,083
Revised Code, all of the following apply:
(i) The adult parole authority or the parole board may 2,086
impose a more restrictive post-release control sanction. 2,087
(ii) The parole board may increase the duration of the 2,090
post-release control subject to a specified maximum. 2,091
(iii) The more restrictive sanction that the parole board 2,094
may impose may consist of a prison term, provided that the prison 2,095
term cannot exceed nine months and the maximum cumulative prison 2,096
term so imposed for all violations during the period of 2,097
post-release control cannot exceed one-half of the stated prison 2,098
term originally imposed upon the offender. 2,099
(iv) If the violation of the sanction is a felony, the 2,102
offender may be prosecuted for the felony and, in addition to any 2,103
sentence it imposes on the offender for the new felony, the court 2,104
may impose a prison term, subject to a specified maximum, for the 2,105
violation.
(4) If the offender is being sentenced for a sexually 2,107
violent offense that the offender committed on or after the 2,108
effective date of this amendment JANUARY 1, 1997, and the 2,110
offender also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the 2,111
50
indictment, count in the indictment, or information charging the 2,112
sexually violent offense or if the offender is being sentenced 2,113
for a sexually oriented offense that the offender committed on or 2,114
after the effective date of this section JANUARY 1, 1997, and the 2,115
court imposing the sentence has determined pursuant to division 2,116
(B) of section 2950.09 of the Revised Code that the offender is a 2,118
sexual predator, the court shall include in the offender's 2,119
sentence a statement that the offender has been adjudicated as 2,120
being a sexual predator and shall comply with the requirements of 2,121
section 2950.03 of the Revised Code. Additionally, in the 2,122
circumstances described in division (G) of section 2929.14 of the 2,123
Revised Code, the court shall impose sentence on the offender as 2,124
described in that division.
(5) If the sentencing court determines at the sentencing 2,127
hearing that a community control sanction should be imposed and 2,128
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. 2,129
The court shall notify the offender that, if the conditions of 2,130
the sanction are violated or the condition imposed under division 2,131
(C)(1)(b) of section 2951.02 of the Revised Code, if imposed, is 2,132
violated, the court may impose a longer time under the same 2,134
sanction, may impose a more restrictive sanction, or may impose a 2,135
prison term on the offender and shall indicate the specific 2,136
prison term that may be imposed as a sanction for the violation, 2,137
as selected by the court from the range of prison terms for the 2,138
offense pursuant to section 2929.14 of the Revised Code. 2,139
(6) Before imposing a financial sanction under section 2,141
2929.18 of the Revised Code or a fine under section 2929.25 of 2,142
the Revised Code, the court shall consider the offender's present 2,143
and future ability to pay the amount of the sanction or fine. 2,144
(C)(1) If the offender is being sentenced for a fourth 2,146
degree felony OMVI offense and if the court is required by UNDER 2,147
division (G)(1) of section 2929.13 of the Revised Code to impose 2,149
as a sanction a mandatory term of local incarceration, the court 2,151
51
shall impose the mandatory term of local incarceration REQUIRED 2,152
UNDER THAT DIVISION in accordance with that division, shall 2,153
impose a mandatory fine in accordance with division (B)(3) of 2,154
section 2929.18 of the Revised Code, and, in addition, may impose 2,155
additional sanctions as specified in sections 2929.15, 2929.16, 2,156
2929.17, and 2929.18 of the Revised Code. The court shall not 2,157
impose a prison term on the offender.
(2) If the offender is being sentenced for a fourth THIRD 2,159
degree felony OMVI offense and if the court is required by UNDER 2,161
division (G)(2) of section 2929.13 of the Revised Code to impose 2,163
as a sanction a mandatory prison term, the court shall impose the 2,165
mandatory prison term REQUIRED UNDER THAT DIVISION in accordance 2,166
with that division, shall impose a mandatory fine in accordance 2,167
with division (B)(3) of section 2929.18 of the Revised Code, and, 2,168
in addition, may impose an additional prison term as specified in 2,169
section 2929.14 of the Revised Code. The court shall not impose 2,170
any community control sanction on the offender.
Sec. 2929.23. (A) As used in this section: 2,179
(1) "Electronic monitoring device" means either of the 2,181
following: 2,182
(a) Any device that can be operated by electrical or 2,184
battery power and that conforms with all of the following: 2,185
(i) The device has a transmitter that can be attached to a 2,187
person, that will transmit a specified signal to a receiver of 2,188
the type described in division (A)(1)(a)(ii) of this section if 2,189
the transmitter is removed from the person, turned off, or 2,190
altered in any manner without prior court approval in relation to 2,191
electronically monitored house arrest or electronically monitored 2,192
house detention or without prior approval of the department of 2,193
rehabilitation and correction in relation to the use of an 2,194
electronic monitoring device for an inmate on transitional 2,196
control or otherwise is tampered with, that can transmit 2,197
continuously and periodically a signal to that receiver when the 2,198
person is within a specified distance from the receiver, and that 2,199
52
can transmit an appropriate signal to that receiver if the person 2,200
to whom it is attached travels a specified distance from that 2,201
receiver.
(ii) The device has a receiver that can receive 2,203
continuously the signals transmitted by a transmitter of the type 2,204
described in division (A)(1)(a)(i) of this section, can transmit 2,205
continuously those signals by telephone to a central monitoring 2,206
computer of the type described in division (A)(1)(a)(iii) of this 2,207
section, and can transmit continuously an appropriate signal to 2,208
that central monitoring computer if the receiver is turned off or 2,209
altered without prior court approval or otherwise tampered with. 2,210
(iii) The device has a central monitoring computer that 2,212
can receive continuously the signals transmitted by telephone by 2,213
a receiver of the type described in division (A)(1)(a)(ii) of 2,214
this section and can monitor continuously the person to whom an 2,215
electronic monitoring device of the type described in division 2,216
(A)(1)(a) of this section is attached. 2,217
(b) Any device that is not a device of the type described 2,219
in division (A)(1)(a) of this section and that conforms with all 2,220
of the following: 2,221
(i) The device includes a transmitter and receiver that 2,223
can monitor and determine the location of a subject person at any 2,224
time, or at a designated point in time, through the use of a 2,225
central monitoring computer or through other electronic means; 2,226
(ii) The device includes a transmitter and receiver that 2,228
can determine at any time, or at a designated point in time, 2,229
through the use of a central monitoring computer or other 2,230
electronic means the fact that the transmitter is turned off or 2,231
altered in any manner without prior approval of the court in 2,232
relation to electronically monitored house arrest or 2,233
electronically monitored house detention or without prior 2,234
approval of the department of rehabilitation and correction in 2,235
relation to the use of an electronic monitoring device for an 2,237
inmate on transitional control or otherwise is tampered with. 2,239
53
(2) "Certified electronic monitoring device" means an 2,241
electronic monitoring device that has been certified by the 2,242
superintendent of the bureau of criminal identification and 2,243
investigation pursuant to division (C)(1) of this section. 2,244
(3) "Eligible offender" means a person who has been 2,246
convicted of or pleaded guilty to any offense, except that a 2,247
person is not an "eligible offender" if any of the following 2,249
apply in relation to the person, the offense, or the person and 2,250
the offense: 2,251
(a) The person is subject to or is serving a term of life 2,253
imprisonment.
(b) The person is subject to or is serving a mandatory 2,255
prison term imposed under division (F) of section 2929.13, 2,256
division (D) of section 2929.14, or any other section of the 2,257
Revised Code, provided that, after the person has served all of 2,258
the mandatory prison terms so imposed, the person may be an 2,259
eligible offender unless excluded by division (A)(3)(a), (c) or 2,260
(d) of this section. 2,261
(c) The offense is a violation of division (A) of section 2,264
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 2,265
the Revised Code and is serving the mandatory term of local 2,267
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days of 2,268
imprisonment imposed under that division, provided that, after 2,269
the person has served all of the mandatory term of local 2,270
incarceration so imposed, the person may be an eligible offender 2,271
unless excluded by division (A)(3)(a), (b), or (d) of this 2,272
section. 2,273
(d) The offense is a violation of division (A) of section 2,276
4511.19 of the Revised Code, and the person is sentenced for that 2,277
offense pursuant to division (G)(2) of section 2929.13 of the 2,278
Revised Code. 2,279
(4) "Electronically monitored house arrest" means a period 2,281
of confinement of an eligible offender in the eligible offender's 2,283
54
home or in other premises specified by the sentencing court, 2,284
during which period of confinement all of the following apply: 2,285
(a) The eligible offender wears, otherwise has attached to 2,287
the eligible offender's person, or otherwise is subject to 2,288
monitoring by a certified electronic monitoring device, or the 2,290
eligible offender is subject to monitoring by a certified 2,292
electronic monitoring system;
(b) The eligible offender is required to remain in the 2,294
eligible offender's home or other premises specified by the 2,295
sentencing court for the specified period of confinement, except 2,296
for periods of time during which the eligible offender is at the 2,298
eligible offender's place of employment or at other premises as 2,299
authorized by the sentencing court;
(c) The eligible offender is subject to monitoring by a 2,301
central system that monitors the certified electronic monitoring 2,302
device that is attached to the eligible offender's person or that 2,304
otherwise is being used to monitor the eligible offender and that 2,305
can monitor and determine the eligible offender's location at any 2,307
time or at a designated point in time, or the eligible offender 2,308
is required to participate in monitoring by a certified 2,309
electronic monitoring system; 2,310
(d) The eligible offender is required by the sentencing 2,312
court to report periodically to a person designated by the court; 2,313
(e) The eligible offender is subject to any other 2,315
restrictions and requirements that may be imposed by the 2,316
sentencing court. 2,317
(5) "Electronic monitoring system" means a system by which 2,319
the location of an eligible offender can be verified 2,320
telephonically through the use of voice-activated voice response 2,321
technology that conforms with all of the following: 2,322
(a) It can be programmed to call the telephone or 2,324
telephones assigned to the eligible offender who is the subject 2,326
of the monitoring as often as necessary; 2,327
(b) It is equipped with a voice recognition system that 2,329
55
can work accurately and reliably under the anticipated conditions 2,330
in which it will operate; 2,331
(c) It is equipped to perform an alarm function if the 2,333
eligible offender who is the subject of monitoring does not 2,335
respond to system commands in the manner required. 2,336
(6) "Certified electronic monitoring system" means an 2,338
electronic monitoring system that has been certified by the 2,339
superintendent of the bureau of criminal identification and 2,340
investigation pursuant to division (C)(1) of this section. 2,341
(7) "Electronically monitored house detention" has the 2,343
same meaning as in section 2151.355 of the Revised Code. 2,344
(8) "Transitional control" means the program of 2,347
transitional control established by the department of 2,348
rehabilitation and correction under section 2967.26 of the 2,349
Revised Code, if the department establishes a program of that 2,350
nature under that section.
(B)(1) Any court may impose as a sanction pursuant to 2,352
sections 2929.15 and 2929.17 of the Revised Code a period of 2,353
electronically monitored house arrest upon an eligible offender 2,354
who is convicted of or pleads guilty to a felony, except that the 2,355
total of any period of electronically monitored house arrest 2,356
imposed upon that eligible offender plus the period of all other 2,357
sanctions imposed upon the same eligible offender pursuant to 2,358
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 2,359
Code shall not exceed five years. Any court may impose a period 2,360
of electronically monitored house arrest upon an eligible 2,361
offender who is convicted of or pleads guilty to a misdemeanor in 2,362
addition to or in lieu of any other sentence imposed or 2,363
authorized for the offense, except that the total of any period 2,364
of electronically monitored house arrest imposed upon that 2,365
eligible offender plus the period of any sentence of imprisonment 2,366
imposed upon the same eligible offender shall not exceed the 2,367
maximum term of imprisonment that could be imposed upon the 2,368
eligible offender pursuant to section 2929.21 of the Revised Code 2,369
56
and except that, if the offense for which an eligible offender is 2,370
being sentenced is a violation of division (A) of section 4511.19 2,371
or of division (D)(2) of section 4507.02 of the Revised Code, the 2,372
court may impose a period of electronically monitored house 2,373
arrest upon the eligible offender only when authorized by and 2,374
only in the circumstances described in division (A) of section 2,375
4511.99 or division (B) of section 4507.99 of the Revised Code. 2,376
If a court imposes a period of electronically monitored 2,378
house arrest upon an eligible offender, it shall require the 2,379
eligible offender to wear, otherwise have attached to the 2,380
eligible offender's person, or otherwise be subject to monitoring 2,382
by a certified electronic monitoring device or to participate in 2,383
the operation of and monitoring by a certified electronic 2,384
monitoring system; to remain in the eligible offender's home or 2,385
other specified premises for the entire period of electronically 2,387
monitored house arrest except when the court permits the eligible 2,388
offender to leave those premises to go to the eligible offender's 2,389
place of employment or to other specified premises; to be 2,390
monitored by a central system that monitors the certified 2,391
electronic monitoring device that is attached to the eligible 2,392
offender's person or that otherwise is being used to monitor the 2,394
eligible offender and that can monitor and determine the eligible 2,396
offender's location at any time or at a designated point in time 2,398
or to be monitored by the certified electronic monitoring system; 2,399
to report periodically to a person designated by the court; and, 2,400
in return for receiving a period of electronically monitored 2,401
house arrest, to enter into a written contract with the court 2,402
agreeing to comply with all restrictions and requirements imposed 2,403
by the court, agreeing to pay any fee imposed by the court for 2,404
the costs of the electronically monitored house arrest imposed by 2,405
the court pursuant to division (E) of this section, and agreeing 2,406
to waive the right to receive credit for any time served on 2,407
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 2,409
57
the offense for which the period of electronically monitored 2,410
house arrest was imposed if the eligible offender violates any of 2,411
the restrictions or requirements of the period of electronically 2,413
monitored house arrest, and additionally, it may impose any other 2,414
reasonable restrictions and requirements upon the eligible 2,415
offender.
(2) If an eligible offender violates any of the 2,417
restrictions or requirements imposed upon the eligible offender 2,418
as part of the eligible offender's period of electronically 2,420
monitored house arrest, the eligible offender shall not receive 2,421
credit for any time served on electronically monitored house 2,422
arrest toward any prison term or sentence of imprisonment imposed 2,423
upon the eligible offender for the offense for which the period 2,425
of electronically monitored house arrest was imposed. 2,426
(C)(1) The superintendent of the bureau of criminal 2,428
identification and investigation, in accordance with this section 2,429
and rules adopted by the superintendent pursuant to division 2,430
(C)(2) of this section, shall certify for use in cases of 2,431
electronically monitored house arrest, in electronically 2,432
monitored house detention, and in relation to an inmate on 2,434
transitional control specific types and brands of electronic 2,435
monitoring devices and electronic monitoring systems that comply 2,436
with the requirements of this section, section 5120.073 of the 2,437
Revised Code, and those rules. Any manufacturer that, pursuant 2,438
to this division, seeks to obtain the certification of any type 2,439
or brand of electronic monitoring device or electronic monitoring 2,440
system shall submit to the superintendent an application for 2,441
certification in accordance with those rules together with the 2,442
application fee and costs of certification as required by those 2,443
rules. The superintendent shall not certify any electronic 2,444
monitoring device or electronic monitoring system pursuant to 2,445
this division unless the application fee and costs have been paid 2,446
to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of 2,448
58
the Revised Code, shall adopt rules for certifying specific types 2,449
and brands of electronic monitoring devices and electronic 2,450
monitoring systems for use in electronically monitored house 2,451
arrest, in electronically monitored house detention, and in 2,453
relation to an inmate on transitional control. The rules shall 2,454
set forth the requirements for obtaining the certification, the 2,455
application fee and other costs for obtaining the certification, 2,456
the procedure for applying for certification, and any other 2,457
requirements and procedures considered necessary by the 2,458
superintendent. The rules shall require that no type or brand of 2,459
electronic monitoring device or electronic monitoring system be 2,460
certified unless the type or brand of device or system complies 2,461
with whichever of the following is applicable, in addition to any 2,462
other requirements specified by the superintendent: 2,463
(a) For electronic monitoring devices of the type 2,465
described in division (A)(1)(a) of this section, the type or 2,466
brand of device complies with all of the following: 2,467
(i) It has a transmitter of the type described in division 2,469
(A)(1)(a)(i) of this section, a receiver of the type described in 2,470
division (A)(1)(a)(ii) of this section, and a central monitoring 2,471
computer of the type described in division (A)(1)(a)(iii) of this 2,472
section; 2,473
(ii) Its transmitter can be worn by or attached to a 2,475
person with a minimum of discomfort during normal activities, is 2,476
difficult to remove, turn off, or otherwise alter without prior 2,477
court approval in relation to electronically monitored house 2,478
arrest or electronically monitored house detention or prior 2,479
approval of the department of rehabilitation and correction in 2,480
relation to the use of an electronic monitoring device for an 2,482
inmate on transitional control, and will transmit a specified 2,484
signal to the receiver if it is removed, turned off, altered, or 2,485
otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and 2,487
will transmit a signal to the central monitoring computer if it 2,488
59
is turned off, altered, or otherwise tampered with; 2,489
(iv) Its central monitoring computer is difficult to 2,491
circumvent; 2,492
(v) Its transmitter, receiver, and central monitoring 2,494
computer work accurately and reliably under the anticipated 2,495
conditions under which electronically monitored house arrest or 2,496
electronically monitored house detention will be imposed by 2,497
courts or under which an electronic monitoring device will be 2,500
used by the department of rehabilitation and correction in
relation to an inmate on transitional control; 2,501
(vi) It has a backup battery power supply that operates 2,503
automatically when the main source of electrical or battery power 2,504
for the device fails. 2,505
(b) For electronic monitoring devices of the type 2,507
described in division (A)(1)(b) of this section, the type or 2,508
brand of device complies with all of the following: 2,509
(i) It has a transmitter and receiver of the type 2,511
described in divisions (A)(1)(b)(i) and (ii) of this section. 2,512
(ii) Its transmitter is difficult to turn off or alter 2,514
without prior court approval in relation to electronically 2,515
monitored house arrest or electronically monitored house 2,516
detention or without prior approval of the department of 2,517
rehabilitation and correction in relation to the use of an 2,518
electronic monitoring device for an inmate on transitional 2,520
control, and, if the transmitter is turned off or altered in any 2,522
manner without prior approval of the court or department or 2,523
otherwise is tampered with, the fact that it has been turned off, 2,524
altered, or tampered with can be determined at any time, or at a 2,525
designated point in time, through the use of a central monitoring 2,526
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 2,528
if the receiver is turned off, altered, or otherwise tampered 2,529
with, the fact that it has been turned off, altered, or tampered 2,530
with can be determined at any time, or at a designated point in 2,531
60
time, through the use of a central monitoring computer or through 2,532
other electronic means. 2,533
(iv) Its central monitoring computer or other means of 2,535
electronic monitoring is difficult to circumvent. 2,536
(v) Its transmitter, receiver, and central monitoring 2,538
computer or other means of electronic monitoring work accurately 2,539
and reliably under the anticipated conditions under which 2,540
electronically monitored house arrest or electronically monitored 2,542
house detention will be used, or under which an electronic 2,543
monitoring device will be used by the department of 2,545
rehabilitation and correction in relation to an inmate on 2,546
transitional control.
(vi) If it operates on electrical or battery power, it has 2,548
a backup battery power supply that operates automatically when 2,549
the main source of electrical or battery power for the device 2,550
fails, or, if it does not operate on electrical or battery power, 2,551
it has a backup method of operation so that it will continue to 2,552
operate if its main method of operation fails. 2,553
(c) For electronic monitoring systems, the type or brand 2,555
of system complies with all of the following: 2,556
(i) It can be programmed to call the telephone or 2,558
telephones assigned to the person who is the subject of the 2,559
monitoring as often as necessary; 2,560
(ii) It is equipped with a voice recognition system that 2,562
can work accurately and reliably under the anticipated conditions 2,563
in which it will operate; 2,564
(iii) It is equipped to perform an alarm function if the 2,566
person who is the subject of the monitoring does not respond to 2,567
system commands in the manner required. 2,568
(3) The superintendent shall publish and make available to 2,570
all courts and to the department of rehabilitation and 2,571
correction, without charge, a list of all types and brands of 2,572
electronic monitoring devices and electronic monitoring systems 2,573
that have been certified by the superintendent pursuant to 2,574
61
division (C)(1) of this section and information about the 2,575
manufacturers of the certified devices and systems and places at 2,576
which the devices and systems can be obtained. 2,577
(D) The superintendent of the bureau of criminal 2,579
identification and investigation shall deposit all costs and fees 2,580
collected pursuant to division (C) of this section into the 2,582
general revenue fund.
(E)(1) Each county in which is located a court that 2,584
imposes a period of electronically monitored house arrest or 2,585
electronically monitored house detention as a sentencing sanction 2,586
or alternative may establish in the county treasury an 2,588
electronically monitored house arrest and detention fund. The 2,589
clerk of each court that uses that sentencing sanction or 2,590
alternative may deposit into the fund all fees collected from 2,592
eligible offenders upon whom electronically monitored house 2,593
arrest or detention is imposed pursuant to this section, section 2,594
2151.355, or any other section of the Revised Code that 2,595
specifically authorizes the imposition of electronically 2,596
monitored house arrest or detention. Each court that imposes 2,597
electronically monitored house arrest or detention may adopt by 2,598
local court rule a reasonable daily fee to be paid by each 2,599
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 2,600
alternative. The fee may include the actual costs of providing 2,602
house arrest or detention and an additional amount necessary to 2,603
enable the court to provide electronically monitored house arrest 2,604
or detention to indigent eligible offenders. The fund may be 2,605
used only for the payment of the costs of electronically 2,606
monitored house arrest or detention, including, but not limited 2,607
to, the costs of electronically monitored house arrest or 2,608
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 2,610
this section, it shall be in addition to any fine specifically 2,611
authorized or required by any other section of the Revised Code 2,612
62
for an eligible offender upon whom a period of electronically 2,613
monitored house arrest or detention is imposed as a sentencing 2,614
sanction or alternative.
Sec. 2929.41. (A) Except as provided in division (B) of 2,623
this section, division (E) of section 2929.14, or division (D) or 2,624
(E) of section 2971.03 of the Revised Code, a sentence of 2,625
imprisonment shall be served concurrently with any other sentence 2,627
of imprisonment imposed by a court of this state, another state, 2,628
or the United States. In any case EXCEPT AS PROVIDED IN DIVISION 2,629
(B)(2) OF THIS SECTION, a sentence of imprisonment for 2,630
misdemeanor shall be served concurrently with a PRISON TERM OR 2,631
sentence of imprisonment for felony served in a state or federal 2,633
correctional institution.
(B)(1) A sentence of imprisonment for a misdemeanor shall 2,635
be served consecutively to any other sentence of imprisonment, 2,636
OTHER THAN A PRISON TERM OR SENTENCE OF IMPRISONMENT IMPOSED FOR 2,637
A FELONY AND SERVED IN A STATE OR FEDERAL CORRECTIONAL 2,638
INSTITUTION, when the trial court specifies that it is to be 2,639
served consecutively or when it is imposed for a misdemeanor 2,640
violation of section 2907.322, 2921.34, or 2923.131 of the 2,642
Revised Code.
(2) When consecutive sentences of imprisonment are imposed 2,645
for misdemeanor UNDER THIS DIVISION, the term to be served is the 2,646
aggregate of the consecutive terms imposed, except that the 2,647
aggregate term to be served shall not exceed eighteen months. 2,648
(2) A SENTENCE OF IMPRISONMENT IMPOSED FOR A MISDEMEANOR 2,650
VIOLATION OF SECTION 4511.19 OR DIVISION (B)(1), (C), (D)(1), OR 2,652
(D)(2) OF SECTION 4507.02 OF THE REVISED CODE SHALL BE SERVED 2,654
CONSECUTIVELY TO A PRISON TERM THAT IS IMPOSED FOR A FELONY 2,655
VIOLATION OF SECTION 2903.06, 2903.07, 2903.08, OR 4511.19 OF THE 2,656
REVISED CODE OR A FELONY VIOLATION OF SECTION 2903.04 OF THE
REVISED CODE INVOLVING THE OPERATION OF A MOTOR VEHICLE BY THE 2,657
OFFENDER AND THAT IS SERVED IN A STATE CORRECTIONAL INSTITUTION 2,658
WHEN THE TRIAL COURT SPECIFIES THAT IT IS TO BE SERVED 2,659
63
CONSECUTIVELY.
WHEN CONSECUTIVE SENTENCES OF IMPRISONMENT AND PRISON TERMS 2,661
ARE IMPOSED FOR ONE OR MORE MISDEMEANORS AND ONE OR MORE FELONIES 2,662
UNDER THIS DIVISION, THE TERM TO BE SERVED IS THE AGGREGATE OF 2,663
THE CONSECUTIVE TERMS IMPOSED, AND THE OFFENDER SHALL SERVE ALL 2,664
TERMS IMPOSED FOR A FELONY BEFORE SERVING ANY TERM IMPOSED FOR A 2,665
MISDEMEANOR. 2,666
Sec. 3793.10. A drivers' intervention program may be used 2,675
as an alternative to a term of imprisonment for an offender 2,676
sentenced pursuant to division (A)(1) of section 4511.99 of the 2,677
Revised Code, if it is certified by the director of alcohol and 2,678
drug addiction services pursuant to this section. No drivers' 2,679
intervention program shall be used as an alternative to a term of 2,680
imprisonment that is imposed pursuant to division (A)(2), (3), or 2,682
(4), (6), (7), OR (8) of section 4511.99 of the Revised Code. 2,684
To qualify for certification by the director and to receive 2,686
funds from the drivers' treatment and intervention fund created 2,687
by division (L) of section 4511.191 of the Revised Code in any 2,688
amounts and at any times that the director determines are 2,689
appropriate, a drivers' intervention program shall meet state 2,690
minimum standards that the director shall establish by rule. The 2,691
rules shall include, but are not limited to, standards governing 2,692
program course hours and content, qualifications of program 2,693
personnel, methods of identifying and testing participants to 2,694
isolate participants with alcohol and drug abuse problems, 2,695
referral of such persons to alcohol and drug addiction programs, 2,696
the prompt notification of courts by program operators of the 2,697
completion of the programs by persons required by courts to 2,698
attend them, and record keeping, including methods of tracking 2,699
participants for a reasonable time after they have left the 2,700
program. 2,701
The director shall issue a certificate to any qualified 2,703
drivers' intervention program. The certificate shall be valid 2,704
for three years. 2,705
64
Sec. 4503.233. (A)(1) As used in this section, "vehicle 2,714
owner" means either of the following: 2,715
(a) The person in whose name is registered, at the time of 2,717
the offense, a vehicle that is subject to an immobilization order 2,718
issued under division (A)(2) of this section; 2,719
(b) A person to whom, at the time of the offense, the 2,721
certificate of title to a vehicle has been assigned and who has 2,722
not obtained a certificate of title to the vehicle in that 2,723
person's name but who is deemed by the court as being the owner 2,724
of the vehicle at the time of the offense for which the vehicle
is subject to an immobilization and impoundment order issued 2,725
under division (A)(2) of this section. 2,726
(2) If a court is required to order the immobilization of 2,728
a vehicle for a specified period of time pursuant to division 2,729
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 2,730
pursuant to division (A)(2)(b) or, (3)(b), (6)(b), OR (7)(b) of 2,732
section 4511.99, pursuant to division (B)(1) or (2) or (C)(1) or 2,733
(2) of section 4507.361, or pursuant to division (B)(2)(a) or (b) 2,734
of section 4511.193 of the Revised Code, the court shall issue an 2,735
immobilization order, subject to section 4503.235 of the Revised 2,737
Code, in accordance with this division and for the period of time 2,738
specified in the particular division, and the immobilization
under the order shall be in accordance with this section. The 2,740
court, at the time of sentencing the offender for the offense 2,741
relative to which the immobilization order is issued or as soon 2,742
thereafter as is practicable, shall give a copy of the order to 2,743
the offender or the offender's counsel and to the vehicle owner 2,744
or the vehicle owner's counsel. The court promptly shall send a 2,745
copy of the order to the registrar on a form prescribed by the 2,746
registrar and to the person or agency it designates to execute
the order. 2,747
The order shall indicate the date on which it is issued, 2,749
shall identify the vehicle that is subject to the order, and 2,750
shall specify all of the following: 2,751
65
(a) The period of the immobilization; 2,753
(b) The place at which the court determines that the 2,755
immobilization shall be carried out, provided that the court 2,756
shall not determine and shall not specify that the immobilization 2,757
is to be carried out at any place other than a commercially 2,758
operated private storage lot, a place owned by a law enforcement 2,759
or other government agency, or a place to which one of the 2,760
following applies: 2,761
(i) The place is leased by or otherwise under the control 2,763
of a law enforcement or other government agency. 2,764
(ii) The place is owned by the offender, the offender's 2,766
spouse, or a parent or child of the offender. 2,767
(iii) The place is owned by a private person or entity, 2,769
and, prior to the issuance of the order, the private entity or 2,770
person that owns the place, or the authorized agent of that 2,771
private entity or person, has given express written consent for 2,772
the immobilization to be carried out at that place. 2,773
(iv) The place is a public street or highway on which the 2,775
vehicle is parked in accordance with the law. 2,776
(c) The person or agency designated by the court to 2,778
execute the order, which shall be either the law enforcement 2,779
agency that employs the law enforcement officer who seized the 2,780
vehicle, a bailiff of the court, another person the court 2,781
determines to be appropriate to execute the order, or the law 2,782
enforcement agency with jurisdiction over the place of residence 2,783
of the vehicle owner; 2,784
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 2,786
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 2,787
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 2,788
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 2,789
(3) The person or agency the court designates to 2,791
immobilize the vehicle shall seize or retain that vehicle's 2,792
license plates and forward them to the bureau of motor vehicles. 2,793
(4) In all cases, the vehicle owner shall be assessed an 2,796
66
immobilization fee of one hundred dollars, and the immobilization 2,797
fee shall be paid to the registrar before the vehicle may be 2,798
released to the vehicle, and that neither the registrar nor a 2,799
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 2,800
of the vehicle owner until the immobilization fee is paid owner. 2,801
Neither the registrar nor a deputy registrar shall accept an 2,802
application for the registration of any motor vehicle in the name 2,803
of the vehicle owner until the immobilization fee is paid. 2,804
(5) If the vehicle subject to the order is immobilized 2,807
pursuant to the order and is found being operated upon any street 2,808
or highway in this state during the immobilization period, it 2,809
shall be seized, removed from the street or highway, and 2,810
criminally forfeited and disposed of pursuant to section 4503.234 2,811
of the Revised Code.
the owner's 2,813
(6) The registrar shall deposit the immobilization fee 2,815
into the law enforcement reimbursement fund created by section 2,816
4501.19 of the Revised Code. Money in the fund shall be expended 2,817
only as provided in division (A)(6) of this section. If the 2,818
court designated in the order a court bailiff or another 2,819
appropriate person other than a law enforcement officer to 2,820
immobilize the vehicle, the amount of the fee deposited into the 2,821
law enforcement reimbursement fund shall be paid out to the 2,822
county treasury if the court that issued the order is a county 2,823
court, to the treasury of the municipal corporation served by the 2,824
court if the court that issued the order is a mayor's court, or 2,825
to the city treasury of the legislative authority of the court, 2,826
both as defined in section 1901.03 of the Revised Code, if the 2,827
court that issued the order is a municipal court. If the court 2,828
designated a law enforcement agency to immobilize the vehicle and 2,829
if the law enforcement agency immobilizes the vehicle, the amount 2,830
of the fee deposited into the law enforcement reimbursement fund 2,831
shall be paid out to the law enforcement agency to reimburse the 2,832
67
agency for the costs it incurs in obtaining immobilization 2,833
equipment and, if required, in sending an officer or other person 2,834
to search for and locate the vehicle specified in the 2,835
immobilization order and to immobilize the vehicle. 2,836
In addition to the immobilization fee required to be paid 2,838
under division (A)(4) of this section, the vehicle owner may be 2,840
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 2,841
(B) If a court issues an immobilization order under 2,844
division (A)(2) of this section, the person or agency designated 2,845
by the court to execute the immobilization order promptly shall 2,846
immobilize or continue the immobilization of the vehicle at the 2,847
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the 2,848
issuance of new identification license plates for the vehicle at 2,849
the end of the immobilization period the owner's until the 2,850
immobilization fee has been paid. 2,851
the owner's 2,853
(C) Upon receipt of the license plates for a vehicle under 2,855
this section, the registrar the registrar's shall destroy the 2,856
license plates. At the end of the immobilization period and upon 2,857
the payment of the immobilization fee that must be paid under 2,858
this section, the registrar shall authorize the release of the 2,859
vehicle and authorize the issuance, upon the payment of the same 2,860
fee as is required for the replacement of lost, mutilated, or 2,861
destroyed license plates and certificates of registration, of new 2,863
license plates and, if necessary, a new certificate of 2,864
registration to the vehicle owner for the vehicle in question. 2,865
(D)(1) If a court issues an immobilization order under 2,867
division (A) of this section, the immobilization period commences 2,869
on the day on which the vehicle in question is immobilized the 2,870
owner. If the vehicle in question had been seized under section 2,871
4507.38 or 4511.195 of the Revised Code, the time between the 2,872
seizure and the beginning of the immobilization period shall be 2,873
68
credited against the immobilization period specified in the 2,875
immobilization order issued under division (A) of this section. 2,876
No vehicle that is impounded under this section is eligible to 2,877
have special license plates of the type described in section 2,878
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 2,880
division (A) of this section, if the vehicle subject to the order 2,882
is immobilized under the order, and if the vehicle is found being 2,883
operated upon any street or highway of this state during the 2,884
immobilization period, it shall be seized, removed from the 2,885
street or highway, and criminally forfeited, and disposed of 2,886
pursuant to section 4503.234 of the Revised Code. No vehicle 2,887
that is forfeited under this provision shall be considered 2,888
contraband for purposes of section 2933.41, 2933.42, or 2933.43 2,889
of the Revised Code, but shall be held by the law enforcement 2,890
agency that employs the officer who seized it for disposal in 2,891
accordance with section 4503.234 of the Revised Code. 2,892
(3) If a court issues an immobilization order under 2,894
division (A) of this section, and if the vehicle is not claimed 2,896
within seven days after the end of the period of immobilization 2,897
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 2,899
vehicle shall send a written notice to the vehicle owner at the 2,900
vehicle owner's last known address informing the vehicle owner of 2,901
the date on which the period of immobilization ended, that the 2,902
owner the owner's the vehicle owner has twenty days after the 2,903
date of the notice to pay the immobilization fee and obtain the 2,905
release of the vehicle, and that if the owner the owner's the 2,906
vehicle owner does not pay the fee and obtain the release of the 2,907
vehicle within that twenty-day period, the vehicle will be 2,908
forfeited under section 4503.234 of the Revised Code to the 2,909
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 2,911
immobilization order issued under division (A) of this section 2,913
69
shall not sell the motor vehicle without approval of the court 2,914
that issued the order. If such an owner wishes to sell such a 2,915
the motor vehicle during the immobilization period, the owner 2,916
shall apply to the court that issued the immobilization order for 2,917
permission to assign the title to the vehicle. If the court is 2,919
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 2,920
this section, it may certify its consent to the owner and to the 2,921
registrar. Upon receipt of the court's consent, the registrar 2,922
shall enter the court's notice in the owner's vehicle license 2,923
plate registration record.
If, during a period of immobilization under an 2,925
immobilization order issued under division (A) of this section, 2,927
the title to the immobilized motor vehicle is transferred by the 2,928
foreclosure of a chattel mortgage, a sale upon execution, the 2,929
cancellation of a conditional sales contract, or an order of a 2,930
court, the involved court shall notify the registrar of the 2,931
action, and the registrar shall enter the court's notice in the 2,932
owner's vehicle license plate registration record. 2,933
Nothing in this section shall be construed as requiring the 2,935
registrar or the clerk of the court of common pleas to note upon 2,936
the certificate of title records any prohibition regarding the 2,937
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 2,939
immobilization order under division (A) of this section is 2,941
assigned or transferred without court approval between the time 2,942
of arrest of the person who was operating the vehicle at the time 2,943
of the offense for which such an order is to be issued and the 2,944
time of the actual immobilization of the vehicle, the court shall 2,945
order that, for a period of two years from the date of the order, 2,946
neither the registrar nor any deputy registrar shall accept an 2,947
application for the registration of any motor vehicle in the name 2,948
of the owner of the vehicle that was assigned or transferred 2,949
without court approval. The court shall notify the registrar of 2,950
70
the order on a form prescribed by the registrar for that purpose. 2,951
(E)(1) The court with jurisdiction over the case, after 2,953
notice to all interested parties including lienholders, and after 2,954
an opportunity for them to be heard, if the vehicle owner fails 2,955
to appear in person, without good cause, or if the court finds 2,956
that the vehicle owner does not intend to seek release of the 2,957
vehicle at the end of the period of immobilization or that the 2,958
vehicle owner is not or will not be able to pay the expenses and 2,959
charges incurred in its removal and storage, may order that title 2,960
to the vehicle be transferred, in order of priority, first into 2,961
the name of the entity entitled to the immobilization fee under 2,962
division (A)(6) of this section, next into the name of a 2,963
lienholder, or lastly, into the name of the owner of the place of 2,964
storage. 2,965
A lienholder that receives title under a court order shall 2,968
do so on the condition that it pay any expenses or charges 2,969
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 2,970
to the immobilization fee under division (A)(6) of this section, 2,971
it shall receive title on the condition that it pay any lien on 2,972
the vehicle. The court shall not order that title be transferred 2,973
to any person or entity other than the owner of the place of 2,974
storage if the person or entity refuses to receive the title. 2,975
Any person or entity that receives title may either keep title to 2,976
the vehicle or may dispose of the vehicle in any legal manner 2,977
that it considers appropriate, including assignment of the 2,978
certificate of title to the motor vehicle to a salvage dealer or 2,979
a scrap metal processing facility. The person or entity shall 2,980
not transfer the vehicle to the person who is the vehicle's 2,981
immediate previous owner. 2,982
If the person or entity assigns the motor vehicle to a 2,984
salvage dealer or scrap metal processing facility, the person or 2,986
entity shall send the assigned certificate of title to the motor 2,987
vehicle to the clerk of the court of common pleas of the county 2,988
71
in which the salvage dealer or scrap metal processing facility is 2,989
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 2,990
deliver a photocopy of the certificate of title to the salvage 2,991
dealer or scrap metal processing facility for its records. 2,992
(2) Whenever a court issues an order under division (E)(1) 2,994
of this section, the court also shall order removal of the 2,995
license plates from the vehicle and cause them to be sent to the 2,996
registrar if they have not already been sent to the registrar. 2,997
Thereafter, no further proceedings shall take place under this 2,998
section, but the vehicle owner remains liable for payment of the 2,999
immobilization fee described in division (A)(4) of this section 3,000
if an immobilization order previously had been issued by the 3,001
court.
(3) Prior to initiating a proceeding under division (E)(1) 3,003
of this section, and upon payment of the fee under division (B) 3,004
of section 4505.14 of the Revised Code, any interested party may 3,005
cause a search to be made of the public records of the bureau of 3,006
motor vehicles or the clerk of the court of common pleas, to 3,007
ascertain the identity of any lienholder of the vehicle. The 3,008
initiating party shall furnish this information to the clerk of 3,009
the court with jurisdiction over the case, and the clerk shall 3,011
provide notice to the vehicle owner, the defendant, any 3,012
lienholder, and any other interested parties listed by the 3,013
initiating party, at the last known address supplied by the 3,014
initiating party, by certified mail or, at the option of the 3,015
initiating party, by personal service or ordinary mail. 3,016
As used in this section, "interested party" includes the 3,018
vehicle owner, all lienholders, the defendant, the owner of the 3,019
place of storage, the person or entity that caused the vehicle to 3,020
be removed, and the person or entity, if any, entitled to the 3,021
immobilization fee under division (A)(6) of this section. 3,022
Sec. 4507.164. (A) Except as provided in divisions (C) to 3,031
(E) of this section, when the license of any person is suspended 3,032
72
or revoked pursuant to any provision of the Revised Code other 3,033
than division (B) of section 4507.16 of the Revised Code, the 3,035
trial judge may impound the identification license plates of any
motor vehicle registered in the name of the person. 3,036
(B)(1) When the license of any person is suspended or 3,038
revoked pursuant to division (B)(1) of section 4507.16 of the 3,039
Revised Code, the trial judge of the court of record or the mayor 3,040
of the mayor's court that suspended or revoked the license may 3,041
impound the identification license plates of any motor vehicle 3,042
registered in the name of the person. 3,043
(2) When the license of any person is suspended or revoked 3,045
pursuant to division (B)(2) or (3) of section 4507.16 of the 3,047
Revised Code, the trial judge of the court of record that 3,048
suspended or revoked the license shall order the impoundment of 3,049
the identification license plates of the motor vehicle the 3,050
offender was operating at the time of the offense and the 3,051
immobilization of that vehicle in accordance with section 3,052
4503.233 and division (A)(2) or, (3), (6), OR (7) of section 3,055
4511.99 or division (B)(2)(a) or (b) of section 4511.193 of the 3,056
Revised Code and may impound the identification license plates of 3,057
any other motor vehicle registered in the name of the person 3,058
whose license is suspended or revoked. 3,059
(3) When the license of any person is suspended or revoked 3,061
pursuant to division (B)(4) of section 4507.16 of the Revised 3,063
Code, the trial judge of the court of record that suspended or 3,064
revoked the license shall order the criminal forfeiture to the 3,065
state of the motor vehicle the offender was operating at the time 3,066
of the offense in accordance with section 4503.234 and division 3,067
(A)(4) OR (8) of section 4511.99 or division (B)(2)(c) of section 3,069
4511.193 of the Revised Code and may impound the identification 3,070
license plates of any other motor vehicle registered in the name 3,071
of the person whose license is suspended or revoked. 3,072
(C)(1) When a person is convicted of or pleads guilty to a 3,074
violation of division (D)(2) of section 4507.02 of the Revised 3,075
73
Code or a substantially equivalent municipal ordinance and 3,076
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 3,077
(2) of section 4507.36 of the Revised Code applies, the trial 3,078
judge of the court of record or the mayor of the mayor's court 3,079
that imposes sentence shall order the immobilization of the 3,080
vehicle the person was operating at the time of the offense and 3,081
the impoundment of its identification license plates in 3,082
accordance with section 4503.233 and division (B)(1) or (2) of 3,083
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 3,084
the Revised Code and may impound the identification license 3,085
plates of any other vehicle registered in the name of that 3,086
person. 3,087
(2) When a person is convicted of or pleads guilty to a 3,089
violation of division (D)(2) of section 4507.02 of the Revised 3,090
Code or a substantially equivalent municipal ordinance and 3,091
division (B)(3) of section 4507.99 or division (C)(3) of section 3,092
4507.361 of the Revised Code applies, the trial judge of the 3,093
court of record that imposes sentence shall order the criminal 3,094
forfeiture to the state of the vehicle the person was operating 3,095
at the time of the offense in accordance with section 4503.234 3,096
and division (B)(3) of section 4507.99 or division (C)(3) of 3,097
section 4507.361 of the Revised Code and may impound the 3,098
identification license plates of any other vehicle registered in 3,099
the name of that person. 3,100
(D)(1) When a person is convicted of or pleads guilty to a 3,102
violation of division (B)(1) of section 4507.02 of the Revised 3,103
Code or a substantially equivalent municipal ordinance and 3,104
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 3,105
(2) of section 4507.361 of the Revised Code applies, the trial 3,106
judge of the court of record or the mayor of the mayor's court 3,107
that imposes sentence shall order the immobilization of the 3,108
vehicle the person was operating at the time of the offense and 3,109
the impoundment of its identification license plates in 3,110
accordance with section 4503.233 and division (C)(1) or (2) of 3,111
74
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 3,112
the Revised Code and may impound the identification license 3,113
plates of any other vehicle registered in the name of that 3,114
person. 3,115
(2) When a person is convicted of or pleads guilty to a 3,117
violation of division (B)(1) of section 4507.02 of the Revised 3,118
Code or a substantially equivalent municipal ordinance and 3,119
division (C)(3) of section 4507.99 or division (B)(3) of section 3,120
4507.361 of the Revised Code applies, the trial judge of the 3,121
court of RECORD that imposes sentence shall order the criminal 3,122
forfeiture to the state of the vehicle the person was operating 3,123
at the time of the offense in accordance with section 4503.234 3,124
and division (C)(3) of section 4507.99 or division (B)(3) of 3,125
section 4507.361 of the Revised Code and may impound the 3,126
identification license plates of any other vehicle registered in 3,127
the name of that person. 3,128
(E)(1) When a person is convicted of or pleads guilty to a 3,130
violation of section 4507.33 of the Revised Code and the person 3,131
is sentenced pursuant to division (E)(1) of section 4507.99 of 3,132
the Revised Code, the trial judge of the court of record or the 3,133
mayor of the mayor's court that imposes sentence shall order the 3,134
immobilization of the vehicle that was involved in the commission 3,135
of the offense and the impoundment of its identification license 3,136
plates in accordance with division (E)(1) of section 4507.99 and 3,137
section 4503.233 of the Revised Code and may impound the 3,138
identification license plates of any other vehicle registered in 3,139
the name of that person. 3,140
(2) When a person is convicted of or pleads guilty to a 3,142
violation of section 4507.33 of the Revised Code and the person 3,143
is sentenced pursuant to division (E)(2) of section 4507.99 of 3,144
the Revised Code, the trial judge of the court of record or the 3,145
mayor of the mayor's court that imposes sentence shall order the 3,146
criminal forfeiture to the state of the vehicle that was involved 3,147
in the commission of the offense in accordance with division 3,148
75
(E)(2) of section 4507.99 and section 4503.234 of the Revised 3,149
Code and may impound the identification license plates of any 3,150
other vehicle registered in the name of that person. 3,151
(F) Except as provided in section 4503.233 or 4503.234 of 3,153
the Revised Code, when the certificate of registration, the 3,154
identification license plates, or both have been impounded, 3,155
division (F) of section 4507.02 of the Revised Code is 3,156
applicable. 3,157
Sec. 4511.19. (A) No person shall operate any vehicle, 3,166
streetcar, or trackless trolley within this state, if any of the 3,167
following apply: 3,168
(1) The person is under the influence of alcohol, a drug 3,170
of abuse, or alcohol and a drug of abuse; 3,171
(2) The person has a concentration of ten-hundredths of 3,173
one per cent or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE 3,175
PER CENT by weight of alcohol in his THE PERSON'S blood; 3,177
(3) The person has a concentration of ten-hundredths of 3,179
one gram or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE GRAM 3,180
by weight of alcohol per two hundred ten liters of his THE 3,182
PERSON'S breath;
(4) The person has a concentration of fourteen-hundredths 3,184
of one gram or more BUT LESS THAN TWO HUNDRED 3,186
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM by weight of alcohol per one 3,187
hundred milliliters of his THE PERSON'S urine; 3,188
(5) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 3,191
OF ONE PER CENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S 3,192
BLOOD;
(6) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 3,195
OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL PER TWO HUNDRED TEN 3,196
LITERS OF THE PERSON'S BREATH;
(7) THE PERSON HAS A CONCENTRATION OF TWO HUNDRED 3,198
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL 3,199
PER ONE HUNDRED MILLILITERS OF THE PERSON'S URINE. 3,200
(B) No person under twenty-one years of age shall operate 3,202
76
any vehicle, streetcar, or trackless trolley within this state, 3,203
if any of the following apply: 3,204
(1) The person has a concentration of at least 3,206
two-hundredths of one per cent but less than ten-hundredths of 3,207
one per cent by weight of alcohol in his THE PERSON'S blood; 3,208
(2) The person has a concentration of at least 3,210
two-hundredths of one gram but less than ten-hundredths of one 3,211
gram by weight of alcohol per two hundred ten liters of his THE 3,212
PERSON'S breath; 3,213
(3) The person has a concentration of at least 3,215
twenty-eight one-thousandths of one gram but less than 3,216
fourteen-hundredths of one gram by weight of alcohol per one 3,217
hundred milliliters of his THE PERSON'S urine. 3,218
(C) In any proceeding arising out of one incident, a 3,220
person may be charged with a violation of division (A)(1) and a 3,221
violation of division (B)(1), (2), or (3) of this section, but he 3,222
THE PERSON may not be convicted of more than one violation of 3,224
these divisions. 3,225
(D)(1) In any criminal prosecution or juvenile court 3,227
proceeding for a violation of this section, of a municipal 3,228
ordinance relating to operating a vehicle while under the 3,229
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,230
abuse, or of a municipal ordinance relating to operating a 3,231
vehicle with a prohibited concentration of alcohol in the blood, 3,232
breath, or urine, the court may admit evidence on the 3,233
concentration of alcohol, drugs of abuse, or alcohol and drugs of 3,234
abuse in the defendant's blood, breath, urine, or other bodily 3,235
substance at the time of the alleged violation as shown by 3,236
chemical analysis of the defendant's blood, urine, breath, or 3,237
other bodily substance withdrawn within two hours of the time of 3,238
the alleged violation. 3,239
When a person submits to a blood test at the request of a 3,241
police officer under section 4511.191 of the Revised Code, only a 3,242
physician, a registered nurse, or a qualified technician or 3,243
77
chemist shall withdraw blood for the purpose of determining its 3,244
alcohol, drug, or alcohol and drug content. This limitation does 3,245
not apply to the taking of breath or urine specimens. A 3,246
physician, a registered nurse, or a qualified technician or 3,247
chemist may refuse to withdraw blood for the purpose of 3,248
determining the alcohol, drug, or alcohol and drug content of the 3,249
blood, if in his THE opinion OF THE PHYSICIAN, NURSE, TECHNICIAN, 3,251
OR CHEMIST the physical welfare of the person would be endangered 3,252
by the withdrawing of blood.
Such bodily substance shall be analyzed in accordance with 3,254
methods approved by the director of health by an individual 3,255
possessing a valid permit issued by the director of health 3,256
pursuant to section 3701.143 of the Revised Code. 3,257
(2) In a criminal prosecution or juvenile court proceeding 3,259
for a violation of division (A) of this section, of a municipal 3,260
ordinance relating to operating a vehicle while under the 3,261
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,262
abuse, or of a municipal ordinance substantially equivalent to 3,263
division (A) of this section relating to operating a vehicle with 3,264
a prohibited concentration of alcohol in the blood, breath, or 3,265
urine, if there was at the time the bodily substance was 3,266
withdrawn a concentration of less than ten-hundredths of one per 3,267
cent by weight of alcohol in the defendant's blood, less than 3,268
ten-hundredths of one gram by weight of alcohol per two hundred 3,269
ten liters of his THE DEFENDANT'S breath, or less than 3,270
fourteen-hundredths of one gram by weight of alcohol per one 3,272
hundred milliliters of his THE DEFENDANT'S urine, such fact may 3,274
be considered with other competent evidence in determining the 3,275
guilt or innocence of the defendant. This division does not 3,276
limit or affect a criminal prosecution or juvenile court 3,277
proceeding for a violation of division (B) of this section or of 3,278
a municipal ordinance substantially equivalent to division (B) of 3,279
this section relating to operating a vehicle with a prohibited 3,280
concentration of alcohol in the blood, breath, or urine. 3,281
78
(3) Upon the request of the person who was tested, the 3,283
results of the chemical test shall be made available to him, his 3,284
THE PERSON OR THE PERSON'S attorney, or his agent, immediately 3,286
upon the completion of the chemical test analysis. 3,287
The person tested may have a physician, a registered nurse, 3,289
or a qualified technician or chemist of his THE PERSON'S own 3,290
choosing administer a chemical test or tests in addition to any 3,292
administered at the request of a police officer, and shall be so 3,293
advised. The failure or inability to obtain an additional 3,294
chemical test by a person shall not preclude the admission of 3,295
evidence relating to the chemical test or tests taken at the 3,296
request of a police officer. 3,297
(4) Any physician, registered nurse, or qualified 3,299
technician or chemist who withdraws blood from a person pursuant 3,300
to this section, and any hospital, first-aid station, or clinic 3,301
at which blood is withdrawn from a person pursuant to this 3,302
section, is immune from criminal liability, and from civil 3,303
liability that is based upon a claim of assault and battery or 3,304
based upon any other claim that is not in the nature of a claim 3,305
of malpractice, for any act performed in withdrawing blood from 3,306
the person. 3,307
Sec. 4511.191. (A) Any person who operates a vehicle upon 3,316
a highway or any public or private property used by the public 3,317
for vehicular travel or parking within this state shall be deemed 3,318
to have given consent to a chemical test or tests of the person's 3,320
blood, breath, or urine for the purpose of determining the 3,321
alcohol, drug, or alcohol and drug content of the person's blood, 3,322
breath, or urine if arrested for operating a vehicle while under 3,324
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,325
of abuse or for operating a vehicle with a prohibited 3,326
concentration of alcohol in the blood, breath, or urine. The 3,327
chemical test or tests shall be administered at the request of a 3,328
police officer having reasonable grounds to believe the person to 3,329
have been operating a vehicle upon a highway or any public or 3,330
79
private property used by the public for vehicular travel or 3,331
parking in this state while under the influence of alcohol, a 3,332
drug of abuse, or alcohol and a drug of abuse or with a 3,333
prohibited concentration of alcohol in the blood, breath, or 3,334
urine. The law enforcement agency by which the officer is 3,335
employed shall designate which of the tests shall be
administered. 3,336
(B) Any person who is dead or unconscious, or who is 3,338
otherwise in a condition rendering the person incapable of 3,339
refusal, shall be deemed not to have withdrawn consent as 3,341
provided by division (A) of this section and the test or tests 3,342
may be administered, subject to sections 313.12 to 313.16 of the 3,343
Revised Code. 3,344
(C)(1) Any person under arrest for operating a vehicle 3,346
while under the influence of alcohol, a drug of abuse, or alcohol 3,347
and a drug of abuse or for operating a vehicle with a prohibited 3,348
concentration of alcohol in the blood, breath, or urine shall be 3,349
advised at a police station, or at a hospital, first-aid station, 3,350
or clinic to which the person has been taken for first-aid or 3,351
medical treatment, of both of the following: 3,352
(a) The consequences, as specified in division (E) of this 3,354
section, of the person's refusal to submit upon request to a 3,355
chemical test designated by the law enforcement agency as 3,357
provided in division (A) of this section; 3,358
(b) The consequences, as specified in division (F) of this 3,360
section, of the person's submission to the designated chemical 3,362
test if the person is found to have a prohibited concentration of 3,363
alcohol in the blood, breath, or urine. 3,364
(2)(a) The advice given pursuant to division (C)(1) of 3,366
this section shall be in a written form containing the 3,367
information described in division (C)(2)(b) of this section and 3,368
shall be read to the person. The form shall contain a statement 3,369
that the form was shown to the person under arrest and read to 3,370
the person in the presence of the arresting officer and either 3,372
80
another police officer, a civilian police employee, or an 3,373
employee of a hospital, first-aid station, or clinic, if any, to 3,374
which the person has been taken for first-aid or medical 3,375
treatment. The witnesses shall certify to this fact by signing 3,376
the form.
(b) The form required by division (C)(2)(a) of this 3,378
section shall read as follows: 3,379
"You now are under arrest for operating a vehicle while 3,381
under the influence of alcohol, a drug of abuse, or both alcohol 3,382
and a drug of abuse and will be requested by a police officer to 3,383
submit to a chemical test to determine the concentration of 3,384
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 3,385
blood, breath, or urine. 3,386
If you refuse to submit to the requested test or if you 3,388
submit to the requested test and are found to have a prohibited 3,389
concentration of alcohol in your blood, breath, or urine, your 3,390
driver's or commercial driver's license or permit or nonresident 3,391
operating privilege immediately will be suspended for the period 3,392
of time specified by law by the officer, on behalf of the 3,393
registrar of motor vehicles. You may appeal this suspension at 3,394
your initial appearance before the court that hears the charges 3,395
against you resulting from the arrest, and your initial 3,396
appearance will be conducted no later than five days after the 3,397
arrest. This suspension is independent of the penalties for the 3,398
offense, and you may be subject to other penalties upon 3,399
conviction." 3,400
(D)(1) If a person under arrest as described in division 3,402
(C)(1) of this section is not asked by a police officer to submit 3,403
to a chemical test designated as provided in division (A) of this 3,404
section, the arresting officer shall seize the Ohio or 3,405
out-of-state driver's or commercial driver's license or permit of 3,406
the person and immediately forward the seized license or permit 3,407
to the court in which the arrested person is to appear on the 3,408
charge for which the person was arrested. If the arrested person 3,409
81
does not have the person's driver's or commercial driver's 3,410
license or permit on the person's self or in the person's 3,411
vehicle, the arresting officer shall order the arrested person to 3,413
surrender it to the law enforcement agency that employs the 3,415
officer within twenty-four hours after the arrest, and, upon the 3,416
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 3,418
person is to appear on the charge for which the person was 3,419
arrested. Upon receipt of the license or permit, the court shall 3,421
retain it pending the initial appearance of the arrested person 3,422
and any action taken under section 4511.196 of the Revised Code. 3,423
If a person under arrest as described in division (C)(1) of 3,425
this section is asked by a police officer to submit to a chemical 3,426
test designated as provided in division (A) of this section and 3,427
is advised of the consequences of the person's refusal or 3,428
submission as provided in division (C) of this section and if the 3,429
person either refuses to submit to the designated chemical test 3,430
or the person submits to the designated chemical test and the 3,431
test results indicate that the person's blood contained a 3,432
concentration of ten-hundredths of one per cent or more by weight 3,433
of alcohol, the person's breath contained a concentration of 3,434
ten-hundredths of one gram or more by weight of alcohol per two 3,435
hundred ten liters of the person's breath, or the person's urine 3,436
contained a concentration of fourteen-hundredths of one gram or 3,438
more by weight of alcohol per one hundred milliliters of the 3,439
person's urine at the time of the alleged offense, the arresting 3,441
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 3,443
suspension upon the person that advises the person that, 3,444
independent of any penalties or sanctions imposed upon the person 3,446
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 3,448
license or permit or nonresident operating privilege is 3,449
suspended, that the suspension takes effect immediately, that the 3,450
82
suspension will last at least until the person's initial 3,451
appearance on the charge that will be held within five days after 3,453
the date of the person's arrest or the issuance of a citation to 3,455
the person, and that the person may appeal the suspension at the 3,457
initial appearance; seize the Ohio or out-of-state driver's or 3,458
commercial driver's license or permit of the person; and 3,459
immediately forward the seized license or permit to the 3,460
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 3,461
self or in the person's vehicle, the arresting officer shall 3,463
order the person to surrender it to the law enforcement agency 3,464
that employs the officer within twenty-four hours after the 3,465
service of the notice of suspension, and, upon the surrender, the 3,466
officer's employing agency immediately shall forward the license 3,467
or permit to the registrar. 3,468
(b) Verify the current residence of the person and, if it 3,470
differs from that on the person's driver's or commercial driver's 3,471
license or permit, notify the registrar of the change; 3,472
(c) In addition to forwarding the arrested person's 3,474
driver's or commercial driver's license or permit to the 3,475
registrar, send to the registrar, within forty-eight hours after 3,476
the arrest of the person, a sworn report that includes all of the 3,477
following statements: 3,478
(i) That the officer had reasonable grounds to believe 3,480
that, at the time of the arrest, the arrested person was 3,481
operating a vehicle upon a highway or public or private property 3,482
used by the public for vehicular travel or parking within this 3,483
state while under the influence of alcohol, a drug of abuse, or 3,484
alcohol and a drug of abuse or with a prohibited concentration of 3,485
alcohol in the blood, breath, or urine; 3,486
(ii) That the person was arrested and charged with 3,488
operating a vehicle while under the influence of alcohol, a drug 3,489
of abuse, or alcohol and a drug of abuse or with operating a 3,490
vehicle with a prohibited concentration of alcohol in the blood, 3,491
83
breath, or urine; 3,492
(iii) That the officer asked the person to take the 3,494
designated chemical test, advised the person of the consequences 3,495
of submitting to the chemical test or refusing to take the 3,496
chemical test, and gave the person the form described in division 3,497
(C)(2) of this section; 3,498
(iv) That the person refused to submit to the chemical 3,500
test or that the person submitted to the chemical test and the 3,501
test results indicate that the person's blood contained a 3,502
concentration of ten-hundredths of one per cent or more by weight 3,504
of alcohol, the person's breath contained a concentration of 3,505
ten-hundredths of one gram or more by weight of alcohol per two 3,506
hundred ten liters of the person's breath, or the person's urine 3,507
contained a concentration of fourteen-hundredths of one gram or 3,509
more by weight of alcohol per one hundred milliliters of the 3,510
person's urine at the time of the alleged offense; 3,512
(v) That the officer served a notice of suspension upon 3,514
the person as described in division (D)(1)(a) of this section. 3,515
(2) The sworn report of an arresting officer completed 3,517
under division (D)(1)(c) of this section shall be given by the 3,518
officer to the arrested person at the time of the arrest or sent 3,519
to the person by regular first class mail by the registrar as 3,520
soon thereafter as possible, but no later than fourteen days 3,521
after receipt of the report. An arresting officer may give an 3,522
unsworn report to the arrested person at the time of the arrest 3,523
provided the report is complete when given to the arrested person 3,524
and subsequently is sworn to by the arresting officer. As soon 3,525
as possible, but no later than forty-eight hours after the arrest 3,526
of the person, the arresting officer shall send a copy of the 3,527
sworn report to the court in which the arrested person is to 3,528
appear on the charge for which the person was arrested. 3,529
(3) The sworn report of an arresting officer completed and 3,531
sent to the registrar and the court under divisions (D)(1)(c) and 3,532
(D)(2) of this section is prima-facie proof of the information 3,533
84
and statements that it contains and shall be admitted and 3,534
considered as prima-facie proof of the information and statements 3,535
that it contains in any appeal under division (H) of this section 3,536
relative to any suspension of a person's driver's or commercial 3,537
driver's license or permit or nonresident operating privilege 3,538
that results from the arrest covered by the report. 3,539
(E)(1) Upon receipt of the sworn report of an arresting 3,541
officer completed and sent to the registrar and a court pursuant 3,542
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,543
person who refused to take the designated chemical test, the 3,544
registrar shall enter into the registrar's records the fact that 3,546
the person's driver's or commercial driver's license or permit or 3,547
nonresident operating privilege was suspended by the arresting 3,548
officer under division (D)(1)(a) of this section and the period 3,549
of the suspension, as determined under divisions (E)(1)(a) to (d) 3,550
of this section. The suspension shall be subject to appeal as 3,551
provided in this section and shall be for whichever of the 3,552
following periods applies: 3,553
(a) If the arrested person, within five years of the date 3,555
on which the person refused the request to consent to the 3,556
chemical test, had not refused a previous request to consent to a 3,558
chemical test of the person's blood, breath, or urine to 3,559
determine its alcohol content, the period of suspension shall be 3,561
one year. If the person is a resident without a license or 3,562
permit to operate a vehicle within this state, the registrar 3,563
shall deny to the person the issuance of a driver's or commercial 3,564
driver's license or permit for a period of one year after the 3,565
date of the alleged violation.
(b) If the arrested person, within five years of the date 3,567
on which the person refused the request to consent to the 3,568
chemical test, had refused one previous request to consent to a 3,570
chemical test of the person's blood, breath, or urine to 3,571
determine its alcohol content, the period of suspension or denial 3,573
shall be two years.
85
(c) If the arrested person, within five years of the date 3,575
on which the person refused the request to consent to the 3,576
chemical test, had refused two previous requests to consent to a 3,578
chemical test of the person's blood, breath, or urine to 3,579
determine its alcohol content, the period of suspension or denial 3,581
shall be three years.
(d) If the arrested person, within five years of the date 3,583
on which the person refused the request to consent to the 3,584
chemical test, had refused three or more previous requests to 3,586
consent to a chemical test of the person's blood, breath, or 3,587
urine to determine its alcohol content, the period of suspension 3,589
or denial shall be five years. 3,590
(2) The suspension or denial imposed under division (E)(1) 3,592
of this section shall continue for the entire one-year, two-year, 3,593
three-year, or five-year period, subject to appeal as provided in 3,594
this section and subject to termination as provided in division 3,595
(K) of this section. 3,596
(F) Upon receipt of the sworn report of an arresting 3,598
officer completed and sent to the registrar and a court pursuant 3,599
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,600
person whose test results indicate that the person's blood 3,601
contained a concentration of ten-hundredths of one per cent or 3,603
more by weight of alcohol, the person's breath contained a 3,604
concentration of ten-hundredths of one gram or more by weight of 3,605
alcohol per two hundred ten liters of the person's breath, or the 3,607
person's urine contained a concentration of fourteen-hundredths 3,608
of one gram or more by weight of alcohol per one hundred 3,609
milliliters of the person's urine at the time of the alleged 3,610
offense, the registrar shall enter into the registrar's records 3,611
the fact that the person's driver's or commercial driver's 3,613
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 3,614
this section and the period of the suspension, as determined 3,615
under divisions (F)(1) to (4) of this section. The suspension 3,616
86
shall be subject to appeal as provided in this section and shall 3,617
be for whichever of the following periods that applies: 3,618
(1) Except when division (F)(2), (3), or (4) of this 3,620
section applies and specifies a different period of suspension or 3,621
denial, the period of the suspension or denial shall be ninety 3,622
days.
(2) If the person has been convicted, within six years of 3,624
the date the test was conducted, of one violation of division (A) 3,627
or (B) of section 4511.19 of the Revised Code, a municipal 3,628
ordinance relating to operating a vehicle while under the 3,629
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,630
abuse, a municipal ordinance relating to operating a vehicle with 3,631
a prohibited concentration of alcohol in the blood, breath, or 3,632
urine, section 2903.04 of the Revised Code in a case in which the 3,633
offender was subject to the sanctions described in division (D) 3,634
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,635
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 3,636
the jury or judge found that at the time of the commission of the 3,637
offense the offender was under the influence of alcohol, a drug 3,638
of abuse, or alcohol and a drug of abuse, or a statute of the 3,639
United States or of any other state or a municipal ordinance of a 3,640
municipal corporation located in any other state that is 3,641
substantially similar to division (A) or (B) of section 4511.19 3,642
of the Revised Code, the period of the suspension or denial shall 3,643
be one year.
(3) If the person has been convicted, within six years of 3,645
the date the test was conducted, of two violations of a statute 3,646
or ordinance described in division (F)(2) of this section, the 3,648
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 3,650
the date the test was conducted, of more than two violations of a 3,651
statute or ordinance described in division (F)(2) of this 3,652
section, the period of the suspension or denial shall be three 3,653
87
years. 3,654
(G)(1) A suspension of a person's driver's or commercial 3,656
driver's license or permit or nonresident operating privilege 3,657
under division (D)(1)(a) of this section for the period of time 3,658
described in division (E) or (F) of this section is effective 3,659
immediately from the time at which the arresting officer serves 3,660
the notice of suspension upon the arrested person. Any 3,661
subsequent finding that the person is not guilty of the charge 3,662
that resulted in the person being requested to take, or in the 3,664
person taking, the chemical test or tests under division (A) of 3,665
this section affects the suspension only as described in division 3,666
(H)(2) of this section. 3,667
(2) If a person is arrested for operating a vehicle while 3,669
under the influence of alcohol, a drug of abuse, or alcohol and a 3,670
drug of abuse or for operating a vehicle with a prohibited 3,671
concentration of alcohol in the blood, breath, or urine and 3,672
regardless of whether the person's driver's or commercial 3,673
driver's license or permit or nonresident operating privilege is 3,674
or is not suspended under division (E) or (F) of this section, 3,675
the person's initial appearance on the charge resulting from the 3,676
arrest shall be held within five days of the person's arrest or 3,677
the issuance of the citation to the person, subject to any 3,678
continuance granted by the court pursuant to division (H)(1) of 3,680
this section regarding the issues specified in that division. 3,681
(H)(1) If a person is arrested for operating a vehicle 3,683
while under the influence of alcohol, a drug of abuse, or alcohol 3,684
and a drug of abuse or for operating a vehicle with a prohibited 3,685
concentration of alcohol in the blood, breath, or urine and if 3,686
the person's driver's or commercial driver's license or permit or 3,687
nonresident operating privilege is suspended under division (E) 3,688
or (F) of this section, the person may appeal the suspension at 3,689
the person's initial appearance on the charge resulting from the 3,692
arrest in the court in which the person will appear on that 3,693
charge. If the person appeals the suspension at the person's 3,694
88
initial appearance, the appeal does not stay the operation of the 3,695
suspension. Subject to division (H)(2) of this section, no court 3,696
has jurisdiction to grant a stay of a suspension imposed under 3,697
division (E) or (F) of this section, and any order issued by any 3,698
court that purports to grant a stay of any suspension imposed 3,699
under either of those divisions shall not be given administrative 3,700
effect.
If the person appeals the suspension at the person's 3,702
initial appearance, either the person or the registrar may 3,703
request a continuance of the appeal. Either the person or the 3,705
registrar shall make the request for a continuance of the appeal 3,706
at the same time as the making of the appeal. If either the 3,707
person or the registrar requests a continuance of the appeal, the 3,708
court may grant the continuance. The court also may continue the 3,709
appeal on its own motion. The granting of a continuance applies 3,710
only to the conduct of the appeal of the suspension and does not 3,711
extend the time within which the initial appearance must be 3,712
conducted, and the court shall proceed with all other aspects of 3,713
the initial appearance in accordance with its normal procedures. 3,714
Neither the request for nor the granting of a continuance stays 3,715
the operation of the suspension that is the subject of the 3,716
appeal.
If the person appeals the suspension at the person's 3,718
initial appearance, the scope of the appeal is limited to 3,719
determining whether one or more of the following conditions have 3,720
not been met: 3,721
(a) Whether the law enforcement officer had reasonable 3,723
ground to believe the arrested person was operating a vehicle 3,724
upon a highway or public or private property used by the public 3,725
for vehicular travel or parking within this state while under the 3,726
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,727
abuse or with a prohibited concentration of alcohol in the blood, 3,728
breath, or urine and whether the arrested person was in fact 3,729
placed under arrest; 3,730
89
(b) Whether the law enforcement officer requested the 3,732
arrested person to submit to the chemical test designated 3,733
pursuant to division (A) of this section; 3,734
(c) Whether the arresting officer informed the arrested 3,736
person of the consequences of refusing to be tested or of 3,737
submitting to the test; 3,738
(d) Whichever of the following is applicable: 3,740
(i) Whether the arrested person refused to submit to the 3,742
chemical test requested by the officer; 3,743
(ii) Whether the chemical test results indicate that the 3,745
arrested person's blood contained a concentration of 3,746
ten-hundredths of one per cent or more by weight of alcohol, the 3,748
person's breath contained a concentration of ten-hundredths of 3,750
one gram or more by weight of alcohol per two hundred ten liters 3,751
of the person's breath, or the person's urine contained a 3,752
concentration of fourteen-hundredths of one gram or more by 3,754
weight of alcohol per one hundred milliliters of the person's 3,755
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 3,757
appearance, the judge or referee of the court or the mayor of the 3,758
mayor's court shall determine whether one or more of the 3,759
conditions specified in divisions (H)(1)(a) to (d) of this 3,760
section have not been met. The person who appeals the suspension 3,761
has the burden of proving, by a preponderance of the evidence, 3,762
that one or more of the specified conditions has not been met. 3,763
If during the appeal at the initial appearance the judge or 3,764
referee of the court or the mayor of the mayor's court determines 3,765
that all of those conditions have been met, the judge, referee, 3,766
or mayor shall uphold the suspension, shall continue the 3,767
suspension, and shall notify the registrar of the decision on a 3,768
form approved by the registrar. Except as otherwise provided in 3,769
division (H)(2) of this section, if the suspension is upheld or 3,770
if the person does not appeal the suspension at the person's 3,771
initial appearance under division (H)(1) of this section, the 3,772
90
suspension shall continue until the complaint alleging the 3,773
violation for which the person was arrested and in relation to 3,774
which the suspension was imposed is adjudicated on the merits by 3,775
the judge or referee of the trial court or by the mayor of the 3,776
mayor's court. If the suspension was imposed under division (E) 3,777
of this section and it is continued under this division, any 3,778
subsequent finding that the person is not guilty of the charge 3,779
that resulted in the person being requested to take the chemical 3,780
test or tests under division (A) of this section does not 3,781
terminate or otherwise affect the suspension. If the suspension 3,782
was imposed under division (F) of this section and it is 3,783
continued under this division, the suspension shall terminate if, 3,784
for any reason, the person subsequently is found not guilty of 3,785
the charge that resulted in the person taking the chemical test 3,786
or tests under division (A) of this section. 3,787
If, during the appeal at the initial appearance, the judge 3,789
or referee of the trial court or the mayor of the mayor's court 3,790
determines that one or more of the conditions specified in 3,791
divisions (H)(1)(a) to (d) of this section have not been met, the 3,792
judge, referee, or mayor shall terminate the suspension, subject 3,793
to the imposition of a new suspension under division (B) of 3,794
section 4511.196 of the Revised Code; shall notify the registrar 3,795
of the decision on a form approved by the registrar; and, except 3,796
as provided in division (B) of section 4511.196 of the Revised 3,798
Code, shall order the registrar to return the driver's or 3,799
commercial driver's license or permit to the person or to take 3,800
such measures as may be necessary, if the license or permit was 3,801
destroyed under section 4507.55 of the Revised Code, to permit 3,802
the person to obtain a replacement driver's or commercial 3,803
driver's license or permit from the registrar or a deputy 3,804
registrar in accordance with that section. The court also shall 3,805
issue to the person a court order, valid for not more than ten 3,806
days from the date of issuance, granting the person operating 3,807
privileges for that period of time.
91
If the person appeals the suspension at the initial 3,809
appearance, the registrar shall be represented by the prosecuting 3,810
attorney of the county in which the arrest occurred if the 3,811
initial appearance is conducted in a juvenile court or county 3,812
court, except that if the arrest occurred within a city or 3,813
village within the jurisdiction of the county court in which the 3,814
appeal is conducted, the city director of law or village 3,815
solicitor of that city or village shall represent the registrar. 3,816
If the appeal is conducted in a municipal court, the registrar 3,817
shall be represented as provided in section 1901.34 of the 3,818
Revised Code. If the appeal is conducted in a mayor's court, the 3,819
registrar shall be represented by the city director of law, 3,820
village solicitor, or other chief legal officer of the municipal 3,821
corporation that operates that mayor's court. 3,822
(I)(1) If a person's driver's or commercial driver's 3,824
license or permit or nonresident operating privilege has been 3,825
suspended pursuant to division (E) of this section, and the 3,826
person, within the preceding seven years, has refused three 3,827
previous requests to consent to a chemical test of the person's 3,829
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 3,830
of division (A) or (B) of section 4511.19 of the Revised Code, a 3,831
municipal ordinance relating to operating a vehicle while under 3,832
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,833
of abuse, a municipal ordinance relating to operating a vehicle 3,834
with a prohibited concentration of alcohol in the blood, breath, 3,835
or urine, section 2903.04 of the Revised Code in a case in which 3,836
the person was subject to the sanctions described in division (D) 3,837
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,838
Revised Code or a municipal ordinance that is substantially 3,839
similar to section 2903.07 of the Revised Code in a case in which 3,840
the jury or judge found that the person was under the influence 3,841
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,842
statute of the United States or of any other state or a municipal 3,843
92
ordinance of a municipal corporation located in any other state 3,844
that is substantially similar to division (A) or (B) of section 3,845
4511.19 of the Revised Code, the person is not entitled to 3,846
request, and the court shall not grant to the person, 3,847
occupational driving privileges under this division. Any other 3,848
person whose driver's or commercial driver's license or 3,849
nonresident operating privilege has been suspended pursuant to 3,850
division (E) of this section may file a petition requesting 3,851
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 3,852
is a minor, juvenile court with jurisdiction over the related 3,854
criminal or delinquency case. The petition may be filed at any 3,855
time subsequent to the date on which the notice of suspension is 3,856
served upon the arrested person. The person shall pay the costs 3,857
of the proceeding, notify the registrar of the filing of the 3,858
petition, and send the registrar a copy of the petition. 3,859
In the proceedings, the registrar shall be represented by 3,861
the prosecuting attorney of the county in which the arrest 3,862
occurred if the petition is filed in the juvenile court, county 3,863
court, or common pleas court, except that, if the arrest occurred 3,864
within a city or village within the jurisdiction of the county 3,866
court in which the petition is filed, the city director of law or 3,867
village solicitor of that city or village shall represent the 3,868
registrar. If the petition is filed in the municipal court, the 3,869
registrar shall be represented as provided in section 1901.34 of 3,870
the Revised Code. If the petition is filed in a mayor's court, 3,871
the registrar shall be represented by the city director of law, 3,872
village solicitor, or other chief legal officer of the municipal 3,873
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 3,875
suspension would seriously affect the person's ability to 3,876
continue in the person's employment, may grant the person 3,877
occupational driving privileges during the period of suspension 3,879
imposed pursuant to division (E) of this section, subject to the 3,880
93
limitations contained in this division and division (I)(2) of 3,881
this section. The court may grant the occupational driving 3,882
privileges, subject to the limitations contained in this division 3,883
and division (I)(2) of this section, regardless of whether the 3,884
person appeals the suspension at the person's initial appearance 3,886
under division (H)(1) of this section or appeals the decision of 3,887
the court made pursuant to the appeal conducted at the initial 3,888
appearance, and, if the person has appealed the suspension or 3,889
decision, regardless of whether the matter at issue has been 3,890
heard or decided by the court. The court shall not grant 3,891
occupational driving privileges to any person who, within seven 3,892
years of the filing of the petition, has refused three previous 3,893
requests to consent to a chemical test of the person's blood, 3,895
breath, or urine to determine its alcohol content or has been 3,896
convicted of or pleaded guilty to three or more violations of 3,897
division (A) or (B) of section 4511.19 of the Revised Code, a 3,898
municipal ordinance relating to operating a vehicle while under 3,899
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,900
of abuse, a municipal ordinance relating to operating a vehicle 3,901
with a prohibited concentration of alcohol in the blood, breath, 3,902
or urine, section 2903.04 of the Revised Code in a case in which 3,903
the person was subject to the sanctions described in division (D) 3,904
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,905
Revised Code or a municipal ordinance that is substantially 3,906
similar to section 2903.07 of the Revised Code in a case in which 3,907
the jury or judge found that the person was under the influence 3,908
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,909
statute of the United States or of any other state or a municipal 3,910
ordinance of a municipal corporation located in any other state 3,911
that is substantially similar to division (A) or (B) of section 3,912
4511.19 of the Revised Code, and shall not grant occupational 3,913
driving privileges for employment as a driver of commercial motor 3,914
vehicles to any person who is disqualified from operating a 3,915
commercial motor vehicle under section 2301.374 or 4506.16 of the 3,916
94
Revised Code.
(2)(a) In granting occupational driving privileges under 3,918
division (I)(1) of this section, the court may impose any 3,919
condition it considers reasonable and necessary to limit the use 3,920
of a vehicle by the person. The court shall deliver to the 3,921
person a permit card, in a form to be prescribed by the court, 3,922
setting forth the time, place, and other conditions limiting the 3,923
defendant's use of a vehicle. The grant of occupational driving 3,924
privileges shall be conditioned upon the person's having the 3,925
permit in the person's possession at all times during which the 3,927
person is operating a vehicle. 3,928
A person granted occupational driving privileges who 3,930
operates a vehicle for other than occupational purposes, in 3,931
violation of any condition imposed by the court, or without 3,932
having the permit in the person's possession, is guilty of a 3,933
violation of section 4507.02 of the Revised Code. 3,935
(b) The court may not grant a person occupational driving 3,937
privileges under division (I)(1) of this section when prohibited 3,938
by a limitation contained in that division or during any of the 3,939
following periods of time: 3,940
(i) The first thirty days of suspension imposed upon a 3,942
person who, within five years of the date on which the person 3,943
refused the request to consent to a chemical test of the person's 3,945
blood, breath, or urine to determine its alcohol content and for 3,947
which refusal the suspension was imposed, had not refused a 3,948
previous request to consent to a chemical test of the person's 3,949
blood, breath, or urine to determine its alcohol content; 3,951
(ii) The first ninety days of suspension imposed upon a 3,953
person who, within five years of the date on which the person 3,954
refused the request to consent to a chemical test of the person's 3,956
blood, breath, or urine to determine its alcohol content and for 3,958
which refusal the suspension was imposed, had refused one 3,959
previous request to consent to a chemical test of the person's 3,960
blood, breath, or urine to determine its alcohol content; 3,962
95
(iii) The first year of suspension imposed upon a person 3,964
who, within five years of the date on which the person refused 3,966
the request to consent to a chemical test of the person's blood, 3,968
breath, or urine to determine its alcohol content and for which 3,969
refusal the suspension was imposed, had refused two previous 3,970
requests to consent to a chemical test of the person's blood, 3,971
breath, or urine to determine its alcohol content; 3,973
(iv) The first three years of suspension imposed upon a 3,975
person who, within five years of the date on which the person 3,976
refused the request to consent to a chemical test of the person's 3,978
blood, breath, or urine to determine its alcohol content and for 3,980
which refusal the suspension was imposed, had refused three or 3,981
more previous requests to consent to a chemical test of the 3,982
person's blood, breath, or urine to determine its alcohol 3,984
content.
(3) The court shall give information in writing of any 3,986
action taken under this section to the registrar. 3,987
(4) If a person's driver's or commercial driver's license 3,989
or permit or nonresident operating privilege has been suspended 3,990
pursuant to division (F) of this section, and the person, within 3,991
the preceding seven years, has been convicted of or pleaded 3,992
guilty to three or more violations of division (A) or (B) of 3,993
section 4511.19 of the Revised Code, a municipal ordinance 3,994
relating to operating a vehicle while under the influence of 3,995
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 3,996
municipal ordinance relating to operating a vehicle with a 3,997
prohibited concentration of alcohol in the blood, breath, or 3,998
urine, section 2903.04 of the Revised Code in a case in which the 3,999
person was subject to the sanctions described in division (D) of 4,000
that section, or section 2903.06, 2903.07, or 2903.08 of the 4,001
Revised Code or a municipal ordinance that is substantially 4,002
similar to section 2903.07 of the Revised Code in a case in which 4,003
the jury or judge found that the person was under the influence 4,004
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,005
96
statute of the United States or of any other state or a municipal 4,006
ordinance of a municipal corporation located in any other state 4,008
that is substantially similar to division (A) or (B) of section 4,009
4511.19 of the Revised Code, the person is not entitled to 4,010
request, and the court shall not grant to the person, 4,011
occupational driving privileges under this division. Any other 4,012
person whose driver's or commercial driver's license or 4,013
nonresident operating privilege has been suspended pursuant to 4,014
division (F) of this section may file in the court specified in 4,015
division (I)(1) of this section a petition requesting 4,016
occupational driving privileges in accordance with section 4,017
4507.16 of the Revised Code. The petition may be filed at any 4,018
time subsequent to the date on which the arresting officer serves 4,019
the notice of suspension upon the arrested person. Upon the 4,020
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 4,021
The court may grant the occupational driving privileges, subject 4,022
to the limitations contained in section 4507.16 of the Revised 4,023
Code, regardless of whether the person appeals the suspension at 4,024
the person's initial appearance under division (H)(1) of this 4,026
section or appeals the decision of the court made pursuant to the 4,027
appeal conducted at the initial appearance, and, if the person 4,028
has appealed the suspension or decision, regardless of whether 4,029
the matter at issue has been heard or decided by the court. 4,030
(J) When it finally has been determined under the 4,032
procedures of this section that a nonresident's privilege to 4,033
operate a vehicle within this state has been suspended, the 4,034
registrar shall give information in writing of the action taken 4,035
to the motor vehicle administrator of the state of the person's 4,036
residence and of any state in which the person has a license. 4,037
(K) A suspension of the driver's or commercial driver's 4,039
license or permit of a resident, a suspension of the operating 4,040
privilege of a nonresident, or a denial of a driver's or 4,041
commercial driver's license or permit pursuant to division (E) or 4,043
97
(F) of this section shall be terminated by the registrar upon 4,045
receipt of notice of the person's entering a plea of guilty to, 4,046
or of the person's conviction of, operating a vehicle while under 4,048
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,049
of abuse or with a prohibited concentration of alcohol in the 4,050
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 4,051
incident that led to the suspension or denial. 4,052
The registrar shall credit against any judicial suspension 4,054
of a person's driver's or commercial driver's license or permit 4,055
or nonresident operating privilege imposed pursuant to division 4,056
(B) or (E) of section 4507.16 of the Revised Code any time during 4,057
which the person serves a related suspension imposed pursuant to 4,058
division (E) or (F) of this section. 4,059
(L) At the end of a suspension period under this section, 4,061
section 4511.196, or division (B) of section 4507.16 of the 4,062
Revised Code and upon the request of the person whose driver's or 4,063
commercial driver's license or permit was suspended and who is 4,064
not otherwise subject to suspension, revocation, or 4,065
disqualification, the registrar shall return the driver's or 4,066
commercial driver's license or permit to the person upon the 4,067
person's compliance with all of the conditions specified in 4,069
divisions (L)(1) and (2) of this section: 4,070
(1) A showing by the person that the person has proof of 4,072
financial responsibility, a policy of liability insurance in 4,074
effect that meets the minimum standards set forth in section 4,075
4509.51 of the Revised Code, or proof, to the satisfaction of the 4,076
registrar, that the person is able to respond in damages in an 4,077
amount at least equal to the minimum amounts specified in section 4,078
4509.51 of the Revised Code. 4,079
(2) Subject to the limitation contained in division (L)(3) 4,082
of this section, payment by the person of a license reinstatement 4,083
fee of four hundred five dollars to the bureau of motor vehicles, 4,086
which fee shall be deposited in the state treasury and credited 4,087
98
as follows: 4,088
(a) One hundred twelve dollars and fifty cents shall be 4,091
credited to the drivers' treatment and intervention fund, which 4,092
is hereby established. The fund shall be used to pay the costs 4,093
of driver treatment and intervention programs operated pursuant 4,094
to sections 3793.02 and 3793.10 of the Revised Code. The 4,095
director of alcohol and drug addiction services shall determine 4,096
the share of the fund that is to be allocated to alcohol and drug 4,097
addiction programs authorized by section 3793.02 of the Revised 4,098
Code, and the share of the fund that is to be allocated to 4,099
drivers' intervention programs authorized by section 3793.10 of 4,100
the Revised Code.
(b) Seventy-five dollars shall be credited to the 4,102
reparations fund created by section 2743.191 of the Revised Code. 4,104
(c) Thirty-seven dollars and fifty cents shall be credited 4,107
to the indigent drivers alcohol treatment fund, which is hereby 4,108
established. Except as otherwise provided in division (L)(2)(c) 4,110
of this section, moneys in the fund shall be distributed by the 4,111
department of alcohol and drug addiction services to the county 4,112
indigent drivers alcohol treatment funds, the county juvenile 4,113
indigent drivers alcohol treatment funds, and the municipal 4,114
indigent drivers alcohol treatment funds that are required to be 4,115
established by counties and municipal corporations pursuant to 4,116
division (N) of this section, and shall be used only to pay the 4,117
cost of an alcohol and drug addiction treatment program attended 4,118
by an offender or juvenile traffic offender who is ordered to 4,119
attend an alcohol and drug addiction treatment program by a 4,120
county, juvenile, or municipal court judge and who is determined 4,121
by the county, juvenile, or municipal court judge not to have the 4,122
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 4,123
that division. Moneys in the fund that are not distributed to a 4,125
county indigent drivers alcohol treatment fund, a county juvenile 4,126
indigent drivers alcohol treatment fund, or a municipal indigent 4,127
99
drivers alcohol treatment fund under division (N) of this section 4,128
because the director of alcohol and drug addiction services does 4,129
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 4,130
arrested may be transferred by the director of budget and 4,131
management to the drivers' treatment and intervention fund, 4,132
created in division (L)(2)(a) of this section, upon certification 4,133
of the amount by the director of alcohol and drug addiction 4,134
services.
(d) Seventy-five dollars shall be credited to the Ohio 4,136
rehabilitation services commission established by section 3304.12 4,137
of the Revised Code, to the services for rehabilitation fund, 4,138
which is hereby established. The fund shall be used to match 4,139
available federal matching funds where appropriate, and for any 4,140
other purpose or program of the commission to rehabilitate people 4,141
with disabilities to help them become employed and independent. 4,142
(e) Seventy-five dollars shall be deposited into the state 4,145
treasury and credited to the drug abuse resistance education 4,146
programs fund, which is hereby established, to be used by the 4,147
attorney general for the purposes specified in division (L)(4) of 4,149
this section.
(f) Thirty dollars shall be credited to the state bureau 4,151
of motor vehicles fund created by section 4501.25 of the Revised 4,152
Code.
(3) If a person's driver's or commercial driver's license 4,154
or permit is suspended under division (E) or (F) of this section, 4,156
section 4511.196, or division (B) of section 4507.16 of the 4,157
Revised Code, or any combination of the suspensions described in 4,158
division (L)(3) of this section, and if the suspensions arise 4,159
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 4,160
required to pay to the bureau, only one reinstatement fee of four 4,161
hundred five dollars. The reinstatement fee shall be distributed 4,162
by the bureau in accordance with division (L)(2) of this section. 4,163
100
(4) The attorney general shall use amounts in the drug 4,165
abuse resistance education programs fund to award grants to law 4,166
enforcement agencies to establish and implement drug abuse 4,167
resistance education programs in public schools. Grants awarded 4,168
to a law enforcement agency under division (L)(2)(e) of this 4,169
section shall be used by the agency to pay for not more than 4,170
fifty per cent of the amount of the salaries of law enforcement 4,171
officers who conduct drug abuse resistance education programs in 4,172
public schools. The attorney general shall not use more than six 4,173
per cent of the amounts the attorney general's office receives 4,175
under division (L)(2)(e) of this section to pay the costs it 4,176
incurs in administering the grant program established by division 4,177
(L)(2)(e) of this section and in providing training and materials 4,178
relating to drug abuse resistance education programs. 4,179
The attorney general shall report to the governor and the 4,181
general assembly each fiscal year on the progress made in 4,182
establishing and implementing drug abuse resistance education 4,183
programs. These reports shall include an evaluation of the 4,184
effectiveness of these programs. 4,185
(M) Suspension of a commercial driver's license under 4,187
division (E) or (F) of this section shall be concurrent with any 4,188
period of disqualification under section 2301.374 or 4506.16 of 4,189
the Revised Code. No person who is disqualified for life from 4,190
holding a commercial driver's license under section 4506.16 of 4,191
the Revised Code shall be issued a driver's license under Chapter 4,192
4507. of the Revised Code during the period for which the 4,193
commercial driver's license was suspended under division (E) or 4,194
(F) of this section, and no person whose commercial driver's 4,195
license is suspended under division (E) or (F) of this section 4,196
shall be issued a driver's license under that chapter during the 4,197
period of the suspension. 4,198
(N)(1) Each county shall establish an indigent drivers 4,200
alcohol treatment fund, each county shall establish a juvenile 4,201
indigent drivers alcohol treatment fund, and each municipal 4,202
101
corporation in which there is a municipal court shall establish 4,203
an indigent drivers alcohol treatment fund. All revenue that the 4,204
general assembly appropriates to the indigent drivers alcohol 4,205
treatment fund for transfer to a county indigent drivers alcohol 4,206
treatment fund, a county juvenile indigent drivers alcohol 4,207
treatment fund, or a municipal indigent drivers alcohol treatment 4,208
fund, all portions of fees that are paid under division (L) of 4,209
this section and that are credited under that division to the 4,210
indigent drivers alcohol treatment fund in the state treasury for 4,211
a county indigent drivers alcohol treatment fund, a county 4,212
juvenile indigent drivers alcohol treatment fund, or a municipal 4,213
indigent drivers alcohol treatment fund, and all portions of 4,214
fines that are specified for deposit into a county or municipal 4,215
indigent drivers alcohol treatment fund by section 4511.193 of 4,216
the Revised Code shall be deposited into that county indigent 4,217
drivers alcohol treatment fund, county juvenile indigent drivers 4,218
alcohol treatment fund, or municipal indigent drivers alcohol 4,219
treatment fund in accordance with division (N)(2) of this 4,220
section. Additionally, all portions of fines that are paid for a 4,221
violation of section 4511.19 of the Revised Code or division 4,222
(B)(2) of section 4507.02 of the Revised Code, and that are 4,223
required under division (A)(1) or, (2), (5), OR (6) of section 4,225
4511.99 or division (B)(5) of section 4507.99 of the Revised Code 4,226
to be deposited into a county indigent drivers alcohol treatment 4,227
fund or municipal indigent drivers alcohol treatment fund shall 4,228
be deposited into the appropriate fund in accordance with the 4,229
applicable division. 4,230
(2) That portion of the license reinstatement fee that is 4,232
paid under division (L) of this section and that is credited 4,233
under that division to the indigent drivers alcohol treatment 4,234
fund shall be deposited into a county indigent drivers alcohol 4,235
treatment fund, a county juvenile indigent drivers alcohol 4,236
treatment fund, or a municipal indigent drivers alcohol treatment 4,237
fund as follows: 4,238
102
(a) If the suspension in question was imposed under this 4,240
section, that portion of the fee shall be deposited as follows: 4,241
(i) If the fee is paid by a person who was charged in a 4,243
county court with the violation that resulted in the suspension, 4,244
the portion shall be deposited into the county indigent drivers 4,245
alcohol treatment fund under the control of that court; 4,246
(ii) If the fee is paid by a person who was charged in a 4,248
juvenile court with the violation that resulted in the 4,249
suspension, the portion shall be deposited into the county 4,250
juvenile indigent drivers alcohol treatment fund established in 4,251
the county served by the court; 4,252
(iii) If the fee is paid by a person who was charged in a 4,254
municipal court with the violation that resulted in the 4,255
suspension, the portion shall be deposited into the municipal 4,256
indigent drivers alcohol treatment fund under the control of that 4,257
court. 4,258
(b) If the suspension in question was imposed under 4,260
division (B) of section 4507.16 of the Revised Code, that portion 4,261
of the fee shall be deposited as follows: 4,262
(i) If the fee is paid by a person whose license or permit 4,264
was suspended by a county court, the portion shall be deposited 4,265
into the county indigent drivers alcohol treatment fund under the 4,266
control of that court; 4,267
(ii) If the fee is paid by a person whose license or 4,269
permit was suspended by a municipal court, the portion shall be 4,270
deposited into the municipal indigent drivers alcohol treatment 4,271
fund under the control of that court. 4,272
(3) Expenditures from a county indigent drivers alcohol 4,274
treatment fund, a county juvenile indigent drivers alcohol 4,275
treatment fund, or a municipal indigent drivers alcohol treatment 4,276
fund shall be made only upon the order of a county, juvenile, or 4,277
municipal court judge and only for payment of the cost of the 4,278
attendance at an alcohol and drug addiction treatment program of 4,279
a person who is convicted of, or found to be a juvenile traffic 4,280
103
offender by reason of, a violation of division (A) of section 4,281
4511.19 of the Revised Code or a substantially similar municipal 4,282
ordinance, who is ordered by the court to attend the alcohol and 4,283
drug addiction treatment program, and who is determined by the 4,284
court to be unable to pay the cost of attendance at the treatment 4,286
program or for payment of the costs specified in division (N)(4) 4,287
of this section in accordance with that division. The alcohol 4,288
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 4,290
section 340.02 or 340.021 of the Revised Code and serving the 4,292
alcohol, drug addiction, and mental health service district in 4,293
which the court is located shall administer the indigent drivers 4,294
alcohol treatment program of the court. When a court orders an 4,295
offender or juvenile traffic offender to attend an alcohol and 4,296
drug addiction treatment program, the board shall determine which 4,297
program is suitable to meet the needs of the offender or juvenile 4,298
traffic offender, and when a suitable program is located and 4,299
space is available at the program, the offender or juvenile 4,300
traffic offender shall attend the program designated by the 4,301
board. A reasonable amount not to exceed five per cent of the 4,302
amounts credited to and deposited into the county indigent 4,303
drivers alcohol treatment fund, the county juvenile indigent 4,304
drivers alcohol treatment fund, or the municipal indigent drivers 4,305
alcohol treatment fund serving every court whose program is 4,306
administered by that board shall be paid to the board to cover 4,307
the costs it incurs in administering those indigent drivers 4,308
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 4,310
in consultation with the alcohol and drug addiction services 4,311
board or the board of alcohol, drug addiction, and mental health 4,312
services established pursuant to section 340.02 or 340.021 of the 4,313
Revised Code and serving the alcohol, drug addiction, and mental 4,315
health district in which the court is located, that the funds in 4,316
the county indigent drivers alcohol treatment fund, the county
104
juvenile indigent drivers alcohol treatment fund, or the 4,317
municipal indigent drivers alcohol treatment fund under the 4,318
control of the court are more than sufficient to satisfy the 4,319
purpose for which the fund was established, as specified in 4,320
divisions (N)(1) to (3) of this section, the court may declare a 4,321
surplus in the fund. If the court declares a surplus in the 4,322
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 4,323
who are charged in the court with committing a criminal offense 4,324
or with being a delinquent child or juvenile traffic offender and 4,325
in relation to whom both of the following apply: 4,326
(a) The court determines that substance abuse was a 4,328
contributing factor leading to the criminal or delinquent 4,329
activity or the juvenile traffic offense with which the person is 4,330
charged.
(b) The court determines that the person is unable to pay 4,333
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 4,334
Sec. 4511.99. (A) Whoever violates division (A)(1), (2), 4,343
(3), OR (4) of section 4511.19 of the Revised Code, in addition 4,344
to the license suspension or revocation provided in section 4,345
4507.16 of the Revised Code and any disqualification imposed 4,346
under section 4506.16 of the Revised Code, shall be punished as 4,347
provided in division (A)(1), (2), (3), or (4) of this section. 4,348
WHOEVER VIOLATES DIVISION (A)(5), (6), OR (7) OF SECTION 4511.19 4,351
OF THE REVISED CODE, IN ADDITION TO THE LICENSE SUSPENSION OR 4,353
REVOCATION PROVIDED IN SECTION 4507.16 OF THE REVISED CODE AND 4,355
ANY DISQUALIFICATION IMPOSED UNDER SECTION 4506.16 OF THE REVISED 4,357
CODE, SHALL BE PUNISHED AS PROVIDED IN DIVISION (A)(5), (6), (7), 4,360
OR (8) OF THIS SECTION.
(1) Except as otherwise provided in division (A)(2), (3), 4,362
or (4) of this section, the offender is guilty of a misdemeanor 4,363
of the first degree, and the court shall sentence the offender to 4,364
a term of imprisonment of three consecutive days and may sentence 4,365
105
the offender pursuant to section 2929.21 of the Revised Code to a 4,366
longer term of imprisonment. In addition, the court shall impose 4,367
upon the offender a fine of not less than two hundred and not 4,368
more than one thousand dollars. 4,369
The court may suspend the execution of the mandatory three 4,371
consecutive days of imprisonment that it is required to impose by 4,372
this division, if the court, in lieu of the suspended term of 4,373
imprisonment, places the offender on probation and requires the 4,374
offender to attend, for three consecutive days, a drivers' 4,375
intervention program that is certified pursuant to section 4,376
3793.10 of the Revised Code. The court also may suspend the 4,377
execution of any part of the mandatory three consecutive days of 4,378
imprisonment that it is required to impose by this division, if 4,379
the court places the offender on probation for part of the three 4,380
consecutive days; requires the offender to attend, for that part 4,381
of the three consecutive days, a drivers' intervention program 4,382
that is certified pursuant to section 3793.10 of the Revised 4,383
Code; and sentences the offender to a term of imprisonment equal 4,384
to the remainder of the three consecutive days that the offender 4,385
does not spend attending the drivers' intervention program. The 4,386
court may require the offender, as a condition of probation, to 4,387
attend and satisfactorily complete any treatment or education 4,388
programs that comply with the minimum standards adopted pursuant 4,389
to Chapter 3793. of the Revised Code by the director of alcohol 4,390
and drug addiction services, in addition to the required 4,391
attendance at a drivers' intervention program, that the operators 4,392
of the drivers' intervention program determine that the offender 4,393
should attend and to report periodically to the court on the 4,394
offender's progress in the programs. The court also may impose 4,395
any other conditions of probation on the offender that it 4,396
considers necessary. 4,397
Of the fine imposed pursuant to this division, twenty-five 4,399
dollars shall be paid to an enforcement and education fund 4,400
established by the legislative authority of the law enforcement 4,401
106
agency in this state that primarily was responsible for the 4,402
arrest of the offender, as determined by the court that imposes 4,403
the fine. This share shall be used by the agency to pay only 4,404
those costs it incurs in enforcing section 4511.19 of the Revised 4,405
Code or a substantially similar municipal ordinance and in 4,406
informing the public of the laws governing the operation of a 4,407
motor vehicle while under the influence of alcohol, the dangers 4,408
of operating a motor vehicle while under the influence of 4,409
alcohol, and other information relating to the operation of a 4,410
motor vehicle and the consumption of alcoholic beverages. 4,411
Twenty-five dollars of the fine imposed pursuant to this division 4,412
shall be deposited into the county indigent drivers alcohol 4,413
treatment fund or municipal indigent drivers alcohol treatment 4,414
fund under the control of that court, as created by the county or 4,415
municipal corporation pursuant to division (N) of section 4,416
4511.191 of the Revised Code. The balance of the fine shall be 4,417
disbursed as otherwise provided by law. 4,418
(2)(a) Except as otherwise provided in division (A)(4) of 4,421
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 4,422
pleaded guilty to one violation of division (A) or (B) of section 4,424
4511.19 of the Revised Code, a municipal ordinance relating to 4,425
operating a vehicle while under the influence of alcohol, a drug 4,426
of abuse, or alcohol and a drug of abuse, a municipal ordinance 4,427
relating to operating a vehicle with a prohibited concentration 4,428
of alcohol in the blood, breath, or urine, section 2903.04 of the 4,429
Revised Code in a case in which the offender was subject to the 4,430
sanctions described in division (D) of that section, section 4,431
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 4,432
ordinance that is substantially similar to section 2903.07 of the 4,433
Revised Code in a case in which the jury or judge found that the 4,434
offender was under the influence of alcohol, a drug of abuse, or 4,435
alcohol and a drug of abuse, or a statute of the United States or 4,436
of any other state or a municipal ordinance of a municipal 4,437
107
corporation located in any other state that is substantially 4,438
similar to division (A) or (B) of section 4511.19 of the Revised 4,439
Code, the offender is guilty of a misdemeanor of the first 4,440
degree, and, except as provided in this division, the court shall 4,441
sentence the offender to a term of imprisonment of ten 4,442
consecutive days and may sentence the offender pursuant to 4,443
section 2929.21 of the Revised Code to a longer term of 4,444
imprisonment. As an alternative to the term of imprisonment 4,445
required to be imposed by this division, but subject to division 4,446
(A)(8)(12) of this section, the court may impose upon the 4,447
offender a sentence consisting of both a term of imprisonment of 4,448
five consecutive days and not less than eighteen consecutive days 4,449
of electronically monitored house arrest as defined in division 4,450
(A) of section 2929.23 of the Revised Code. The five consecutive 4,451
days of imprisonment and the period of electronically monitored 4,452
house arrest shall not exceed six months. The five consecutive 4,453
days of imprisonment do not have to be served prior to or 4,454
consecutively with the period of electronically monitored house 4,455
arrest.
In addition, the court shall impose upon the offender a 4,457
fine of not less than three hundred and not more than one 4,458
thousand five hundred dollars. 4,459
In addition to any other sentence that it imposes upon the 4,461
offender, the court may require the offender to attend a drivers' 4,462
intervention program that is certified pursuant to section 4,463
3793.10 of the Revised Code. If the officials of the drivers' 4,464
intervention program determine that the offender is alcohol 4,465
dependent, they shall notify the court, and the court shall order 4,466
the offender to obtain treatment through an alcohol and drug 4,467
addiction program authorized by section 3793.02 of the Revised 4,468
Code. The cost of the treatment shall be paid by the offender. 4,469
Of the fine imposed pursuant to this division, thirty-five 4,471
dollars shall be paid to an enforcement and education fund 4,472
established by the legislative authority of the law enforcement 4,473
108
agency in this state that primarily was responsible for the 4,474
arrest of the offender, as determined by the court that imposes 4,475
the fine. This share shall be used by the agency to pay only 4,476
those costs it incurs in enforcing division (A) of section 4,477
4511.19 of the Revised Code or a substantially similar municipal 4,478
ordinance and in informing the public of the laws governing the 4,479
operation of a motor vehicle while under the influence of 4,480
alcohol, the dangers of operating a motor vehicle while under the 4,481
influence of alcohol, and other information relating to the 4,482
operation of a motor vehicle and the consumption of alcoholic 4,483
beverages. Sixty-five dollars of the fine imposed pursuant to 4,484
this division shall be paid to the political subdivision 4,485
responsible for housing the offender during the offender's term 4,487
of incarceration. This share shall be used by the political 4,488
subdivision to pay or reimburse incarceration costs it incurs in 4,489
housing persons who violate section 4511.19 of the Revised Code 4,490
or a substantially similar municipal ordinance and to pay for 4,491
ignition interlock devices and electronic house arrest equipment 4,492
for persons who violate that section, and shall be paid to the 4,493
credit of the fund that pays the cost of the incarceration. 4,494
Fifty dollars of the fine imposed pursuant to this division shall 4,495
be deposited into the county indigent drivers alcohol treatment 4,496
fund or municipal indigent drivers alcohol treatment fund under 4,497
the control of that court, as created by the county or municipal 4,498
corporation pursuant to division (N) of section 4511.191 of the 4,499
Revised Code. The balance of the fine shall be disbursed as 4,500
otherwise provided by law. 4,501
(b) Regardless of whether the vehicle the offender was 4,503
operating at the time of the offense is registered in the 4,504
offender's name or in the name of another person, the court, in 4,506
addition to the penalties imposed under division (A)(2)(a) of 4,507
this section and all other penalties provided by law and subject 4,508
to section 4503.235 of the Revised Code, shall order the 4,509
immobilization for ninety days of the vehicle the offender was 4,510
109
operating at the time of the offense and the impoundment for 4,511
ninety days of the identification license plates of that vehicle. 4,512
The order for the immobilization and impoundment shall be issued 4,513
and enforced in accordance with section 4503.233 of the Revised 4,514
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 4,517
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 4,520
pleaded guilty to two violations of division (A) or (B) of 4,521
section 4511.19 of the Revised Code, a municipal ordinance 4,522
relating to operating a vehicle while under the influence of 4,523
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 4,524
municipal ordinance relating to operating a vehicle with a 4,525
prohibited concentration of alcohol in the blood, breath, or 4,526
urine, section 2903.04 of the Revised Code in a case in which the 4,527
offender was subject to the sanctions described in division (D) 4,528
of that section, section 2903.06, 2903.07, or 2903.08 of the 4,529
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 4,530
the jury or judge found that the offender was under the influence 4,531
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,533
statute of the United States or of any other state or a municipal 4,534
ordinance of a municipal corporation located in any other state 4,535
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 4,536
the court shall sentence the offender to a term of imprisonment 4,538
of thirty consecutive days and may sentence the offender to a 4,539
longer definite term of imprisonment of not more than one year. 4,540
As an alternative to the term of imprisonment required to be 4,541
imposed by this division, but subject to division (A)(8)(12) of 4,542
this section, the court may impose upon the offender a sentence 4,543
consisting of both a term of imprisonment of fifteen consecutive 4,544
days and not less than fifty-five consecutive days of 4,545
electronically monitored house arrest as defined in division (A) 4,546
110
of section 2929.23 of the Revised Code. The fifteen consecutive 4,547
days of imprisonment and the period of electronically monitored 4,548
house arrest shall not exceed one year. The fifteen consecutive 4,549
days of imprisonment do not have to be served prior to or 4,550
consecutively with the period of electronically monitored house 4,551
arrest.
In addition, the court shall impose upon the offender a 4,553
fine of not less than five hundred and not more than two thousand 4,554
five hundred dollars. 4,555
In addition to any other sentence that it imposes upon the 4,557
offender, the court shall require the offender to attend an 4,558
alcohol and drug addiction program authorized by section 3793.02 4,559
of the Revised Code. The cost of the treatment shall be paid by 4,560
the offender. If the court determines that the offender is 4,561
unable to pay the cost of attendance at the treatment program, 4,563
the court may order that payment of the cost of the offender's 4,564
attendance at the treatment program be made from that court's 4,565
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 4,567
twenty-three dollars shall be paid to an enforcement and 4,568
education fund established by the legislative authority of the 4,569
law enforcement agency in this state that primarily was 4,570
responsible for the arrest of the offender, as determined by the 4,571
court that imposes the fine. This share shall be used by the 4,572
agency to pay only those costs it incurs in enforcing section 4,573
4511.19 of the Revised Code or a substantially similar municipal 4,574
ordinance and in informing the public of the laws governing the 4,575
operation of a motor vehicle while under the influence of 4,576
alcohol, the dangers of operating a motor vehicle while under the 4,577
influence of alcohol, and other information relating to the 4,578
operation of a motor vehicle and the consumption of alcoholic 4,579
beverages. Two hundred twenty-seven dollars of the fine imposed 4,580
pursuant to this division shall be paid to the political 4,581
subdivision responsible for housing the offender during the 4,582
111
offender's term of incarceration. This share shall be used by 4,584
the political subdivision to pay or reimburse incarceration costs 4,585
it incurs in housing persons who violate division (A) of section 4,586
4511.19 of the Revised Code or a substantially similar municipal 4,587
ordinance and to pay for ignition interlock devices and 4,588
electronic house arrest equipment for persons who violate that 4,589
section and shall be paid to the credit of the fund that pays the 4,590
cost of incarceration. The balance of the fine shall be 4,591
disbursed as otherwise provided by law. 4,592
(b) Regardless of whether the vehicle the offender was 4,594
operating at the time of the offense is registered in the 4,595
offender's name or in the name of another person, the court, in 4,597
addition to the penalties imposed under division (A)(3)(a) of 4,598
this section and all other penalties provided by law and subject 4,599
to section 4503.235 of the Revised Code, shall order the 4,600
immobilization for one hundred eighty days of the vehicle the 4,601
offender was operating at the time of the offense and the 4,602
impoundment for one hundred eighty days of the identification 4,603
license plates of that vehicle. The order for the immobilization 4,604
and impoundment shall be issued and enforced in accordance with 4,605
section 4503.233 of the Revised Code. 4,606
(4)(a)(i) If, within six years of the offense, the 4,608
offender has been convicted of or pleaded guilty to three or more 4,609
violations of division (A) or (B) of section 4511.19 of the 4,610
Revised Code, a municipal ordinance relating to operating a 4,611
vehicle while under the influence of alcohol, a drug of abuse, or 4,612
alcohol and a drug of abuse, a municipal ordinance relating to 4,613
operating a vehicle with a prohibited concentration of alcohol in 4,614
the blood, breath, or urine, section 2903.04 of the Revised Code 4,615
in a case in which the offender was subject to the sanctions 4,616
described in division (D) of that section, section 2903.06, 4,617
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 4,618
that is substantially similar to section 2903.07 of the Revised 4,619
Code in a case in which the jury or judge found that the offender 4,620
112
was under the influence of alcohol, a drug of abuse, or alcohol 4,621
and a drug of abuse, or a statute of the United States or of any 4,623
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 4,624
division (A) or (B) of section 4511.19 of the Revised Code, or if 4,625
the offender previously has been convicted of or pleaded guilty 4,627
to a violation of division (A) of section 4511.19 of the Revised 4,628
Code under circumstances in which the violation was a felony and 4,629
regardless of when the violation and the conviction or guilty 4,630
plea occurred AND IF SENTENCE IS NOT REQUIRED TO BE IMPOSED UNDER 4,631
DIVISION (A)(4)(a)(ii) OF THIS SECTION, the offender is guilty of 4,632
a felony of the fourth degree. The court shall sentence the 4,633
offender in accordance with sections 2929.11 to 2929.19 of the 4,634
Revised Code and shall impose as part of the sentence a mandatory 4,635
term of local incarceration of sixty consecutive days of 4,636
imprisonment in accordance with division (G)(1) of section 4,637
2929.13 of the Revised Code or a mandatory prison term of sixty 4,638
consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If the offender 4,639
is required to serve a mandatory term of local incarceration of 4,640
sixty consecutive days of imprisonment in accordance with 4,641
division (G)(1) of section 2929.13 of the Revised Code, the THE 4,642
court, pursuant to section 2929.17 of the Revised Code, may 4,644
impose upon the offender a sentence that includes a term of 4,645
electronically monitored house arrest, provided that the term of 4,646
electronically monitored house arrest shall not commence until 4,647
after the offender has served the mandatory term of local
incarceration. 4,648
(ii) IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 4,650
PLEADED GUILTY TO A VIOLATION OF DIVISION (A) OF SECTION 4511.19 4,651
OF THE REVISED CODE UNDER CIRCUMSTANCES IN WHICH THE VIOLATION 4,653
WAS A FELONY, REGARDLESS OF WHEN THE PRIOR VIOLATION AND THE 4,654
PRIOR CONVICTION OR GUILTY PLEA OCCURRED, THE OFFENDER IS GUILTY 4,655
OF A FELONY OF THE THIRD DEGREE. THE COURT SHALL SENTENCE THE 4,656
113
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 4,657
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY 4,658
PRISON TERM OF SIXTY CONSECUTIVE DAYS OF IMPRISONMENT IN 4,659
ACCORDANCE WITH DIVISION (G)(2) OF SECTION 2929.13 OF THE REVISED 4,660
CODE. 4,661
(iii) In addition to all other sanctions imposed ON AN 4,663
OFFENDER UNDER DIVISION (A)(4)(a)(i) OR (ii) OF THIS SECTION, the 4,665
court shall impose upon the offender, pursuant to section 2929.18 4,666
of the Revised Code, a fine of not less than seven hundred fifty 4,667
nor more than ten thousand dollars. 4,668
In addition to any other sanction that it imposes upon the 4,671
offender UNDER DIVISION (A)(4)(a)(i) OR (ii) OF THIS SECTION, the 4,673
court shall require the offender to attend an alcohol and drug 4,676
addiction program authorized by section 3793.02 of the Revised 4,677
Code. The cost of the treatment shall be paid by the offender. 4,678
If the court determines that the offender is unable to pay the 4,679
cost of attendance at the treatment program, the court may order 4,680
that payment of the cost of the offender's attendance at the 4,681
treatment program be made from the court's indigent drivers 4,682
alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred 4,684
ten dollars shall be paid to an enforcement and education fund 4,685
established by the legislative authority of the law enforcement 4,686
agency in this state that primarily was responsible for the 4,687
arrest of the offender, as determined by the court that imposes 4,688
the fine. This share shall be used by the agency to pay only 4,689
those costs it incurs in enforcing section 4511.19 of the Revised 4,690
Code or a substantially similar municipal ordinance and in 4,691
informing the public of the laws governing operation of a motor 4,692
vehicle while under the influence of alcohol, the dangers of 4,693
operation of a motor vehicle while under the influence of 4,694
alcohol, and other information relating to the operation of a 4,695
motor vehicle and the consumption of alcoholic beverages. Three 4,696
hundred ninety dollars of the fine imposed pursuant to this 4,697
114
division shall be paid to the political subdivision responsible 4,698
for housing the offender during the offender's term of 4,699
incarceration. This share shall be used by the political 4,701
subdivision to pay or reimburse incarceration costs it incurs in 4,702
housing persons who violate division (A) of section 4511.19 of 4,703
the Revised Code or a substantially similar municipal ordinance 4,704
and to pay for ignition interlock devices and electronic house 4,705
arrest equipment for persons who violate that section, and shall 4,706
be paid to the credit of the fund that pays the cost of 4,707
incarceration. The balance of the fine shall be disbursed as 4,708
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 4,710
operating at the time of the offense is registered in the 4,711
offender's name or in the name of another person, the court, in 4,713
addition to the sanctions imposed under division (A)(4)(a) of 4,714
this section and all other sanctions provided by law and subject 4,716
to section 4503.235 of the Revised Code, shall order the criminal 4,718
forfeiture to the state of the vehicle the offender was operating 4,719
at the time of the offense. The order of criminal forfeiture 4,720
shall be issued and enforced in accordance with section 4503.234 4,721
of the Revised Code. 4,722
(c) As used in division (A)(4)(a) of this section, 4,725
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 4,727
the Revised Code.
If title to a motor vehicle that is subject to an order for 4,729
criminal forfeiture under this section is assigned or transferred 4,730
and division (C)(2) or (3) of section 4503.234 of the Revised 4,731
Code applies, in addition to or independent of any other penalty 4,732
established by law, the court may fine the offender the value of 4,733
the vehicle as determined by publications of the national auto 4,734
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 4,735
(D)(4) of section 4503.234 of the Revised Code. 4,736
115
(5) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(6), (7), 4,738
OR (8) OF THIS SECTION, THE OFFENDER IS GUILTY OF A MISDEMEANOR 4,739
OF THE FIRST DEGREE, AND THE COURT SHALL SENTENCE THE OFFENDER TO 4,740
A TERM OF IMPRISONMENT OF SIX CONSECUTIVE DAYS AND MAY SENTENCE 4,741
THE OFFENDER PURSUANT TO SECTION 2929.21 OF THE REVISED CODE TO A 4,742
LONGER TERM OF IMPRISONMENT. IN ADDITION, THE COURT SHALL IMPOSE 4,743
UPON THE OFFENDER A FINE OF NOT LESS THAN TWO HUNDRED AND NOT 4,744
MORE THAN ONE THOUSAND DOLLARS. 4,745
THE COURT MAY SUSPEND THE EXECUTION OF THREE OF THE 4,747
MANDATORY SIX CONSECUTIVE DAYS OF IMPRISONMENT THAT IT IS 4,748
REQUIRED TO IMPOSE BY THIS DIVISION, IF THE COURT, IN LIEU OF THE 4,749
THREE CONSECUTIVE DAYS OF IMPRISONMENT THAT IT SUSPENDS, PLACES 4,750
THE OFFENDER ON PROBATION AND REQUIRES THE OFFENDER TO ATTEND, 4,752
FOR THREE CONSECUTIVE DAYS, A DRIVERS' INTERVENTION PROGRAM THAT 4,753
IS CERTIFIED PURSUANT TO SECTION 3793.10 OF THE REVISED CODE. 4,754
THE COURT ALSO MAY SUSPEND THE EXECUTION OF ANY PART OF UP TO 4,755
THREE OF THE MANDATORY SIX CONSECUTIVE DAYS OF IMPRISONMENT THAT 4,756
IT IS REQUIRED TO IMPOSE BY THIS DIVISION, IF THE COURT PLACES 4,757
THE OFFENDER ON PROBATION FOR PART OF UP TO THREE OF THE SIX
CONSECUTIVE DAYS; REQUIRES THE OFFENDER TO ATTEND, FOR THAT PART 4,758
OF THE THREE CONSECUTIVE DAYS, A DRIVERS' INTERVENTION PROGRAM 4,759
THAT IS CERTIFIED PURSUANT TO SECTION 3793.10 OF THE REVISED 4,761
CODE; AND SENTENCES THE OFFENDER TO A TERM OF IMPRISONMENT EQUAL
TO THE REMAINDER OF THE SIX CONSECUTIVE DAYS THAT THE OFFENDER 4,762
DOES NOT SPEND ATTENDING THE DRIVERS' INTERVENTION PROGRAM. THE 4,763
COURT MAY REQUIRE THE OFFENDER, AS A CONDITION OF PROBATION, TO 4,764
ATTEND AND SATISFACTORILY COMPLETE ANY TREATMENT OR EDUCATION 4,765
PROGRAMS THAT COMPLY WITH THE MINIMUM STANDARDS ADOPTED PURSUANT 4,766
TO CHAPTER 3793. OF THE REVISED CODE BY THE DIRECTOR OF ALCOHOL 4,768
AND DRUG ADDICTION SERVICES, IN ADDITION TO THE REQUIRED 4,769
ATTENDANCE AT A DRIVERS' INTERVENTION PROGRAM, THAT THE OPERATORS 4,770
OF THE DRIVERS' INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER 4,771
SHOULD ATTEND AND TO REPORT PERIODICALLY TO THE COURT ON THE 4,772
OFFENDER'S PROGRESS IN THE PROGRAMS. THE COURT ALSO MAY IMPOSE 4,773
116
ANY OTHER CONDITIONS OF PROBATION ON THE OFFENDER THAT IT 4,774
CONSIDERS NECESSARY. 4,775
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWENTY-FIVE 4,777
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 4,778
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 4,779
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 4,780
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 4,781
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 4,783
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 4,784
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 4,785
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 4,786
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 4,787
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 4,788
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 4,789
CONSUMPTION OF ALCOHOLIC BEVERAGES. TWENTY-FIVE DOLLARS OF THE 4,790
FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE DEPOSITED INTO 4,791
THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND OR MUNICIPAL 4,792
INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE CONTROL OF THAT 4,793
COURT, AS CREATED BY THE COUNTY OR MUNICIPAL CORPORATION PURSUANT 4,794
TO DIVISION (N) OF SECTION 4511.191 OF THE REVISED CODE. THE 4,795
BALANCE OF THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY 4,796
LAW.
(6)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8) OF 4,799
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 4,800
PLEADED GUILTY TO ONE VIOLATION OF DIVISION (A) OR (B) OF SECTION 4,802
4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO 4,804
OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG 4,805
OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE 4,806
RELATING TO OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION 4,807
OF ALCOHOL IN THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE 4,808
REVISED CODE IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE 4,810
SANCTIONS DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 4,811
2903.06, 2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL 4,812
117
ORDINANCE THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE 4,814
REVISED CODE IN A CASE IN WHICH THE JURY OR JUDGE FOUND THAT THE 4,816
OFFENDER WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 4,817
ALCOHOL AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR 4,818
OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL 4,819
CORPORATION LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY 4,820
SIMILAR TO DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED 4,822
CODE, THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE FIRST 4,823
DEGREE, AND THE COURT SHALL SENTENCE THE OFFENDER TO A TERM OF 4,824
IMPRISONMENT OF TWENTY CONSECUTIVE DAYS AND MAY SENTENCE THE 4,825
OFFENDER PURSUANT TO SECTION 2929.21 OF THE REVISED CODE TO A 4,826
LONGER TERM OF IMPRISONMENT. AS AN ALTERNATIVE TO THE TERM OF 4,828
IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT SUBJECT 4,829
TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE UPON 4,830
THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF IMPRISONMENT 4,831
OF TEN CONSECUTIVE DAYS AND NOT LESS THAN THIRTY-SIX CONSECUTIVE 4,832
DAYS OF ELECTRONICALLY MONITORED HOUSE ARREST AS DEFINED IN 4,833
DIVISION (A) OF SECTION 2929.23 OF THE REVISED CODE. THE TEN 4,834
CONSECUTIVE DAYS OF IMPRISONMENT AND THE PERIOD OF ELECTRONICALLY 4,836
MONITORED HOUSE ARREST SHALL NOT EXCEED SIX MONTHS. THE TEN 4,837
CONSECUTIVE DAYS OF IMPRISONMENT DO NOT HAVE TO BE SERVED PRIOR 4,838
TO OR CONSECUTIVELY WITH THE PERIOD OF ELECTRONICALLY MONITORED 4,839
HOUSE ARREST.
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 4,841
FINE OF NOT LESS THAN THREE HUNDRED AND NOT MORE THAN ONE 4,842
THOUSAND FIVE HUNDRED DOLLARS. 4,843
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 4,845
OFFENDER, THE COURT MAY REQUIRE THE OFFENDER TO ATTEND A DRIVERS' 4,846
INTERVENTION PROGRAM THAT IS CERTIFIED PURSUANT TO SECTION 4,847
3793.10 OF THE REVISED CODE. IF THE OFFICIALS OF THE DRIVERS' 4,849
INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER IS ALCOHOL 4,850
DEPENDENT, THEY SHALL NOTIFY THE COURT, AND THE COURT SHALL ORDER 4,851
THE OFFENDER TO OBTAIN TREATMENT THROUGH AN ALCOHOL AND DRUG 4,852
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED 4,854
118
CODE. THE OFFENDER SHALL PAY THE COST OF THE TREATMENT.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, THIRTY-FIVE 4,856
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 4,857
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 4,858
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 4,859
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 4,860
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 4,862
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 4,863
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 4,865
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 4,866
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 4,867
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 4,868
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 4,869
CONSUMPTION OF ALCOHOLIC BEVERAGES. SIXTY-FIVE DOLLARS OF THE 4,870
FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO THE 4,871
POLITICAL SUBDIVISION RESPONSIBLE FOR HOUSING THE OFFENDER DURING 4,872
THE OFFENDER'S TERM OF INCARCERATION. THE POLITICAL SUBDIVISION 4,874
SHALL USE THIS SHARE TO PAY OR REIMBURSE INCARCERATION COSTS IT 4,875
INCURS IN HOUSING PERSONS WHO VIOLATE SECTION 4511.19 OF THE 4,876
REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND 4,878
TO PAY FOR IGNITION INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST 4,879
EQUIPMENT FOR PERSONS WHO VIOLATE THAT SECTION, AND THIS SHARE 4,880
SHALL BE PAID TO THE CREDIT OF THE FUND THAT PAYS THE COST OF THE 4,881
INCARCERATION. FIFTY DOLLARS OF THE FINE IMPOSED PURSUANT TO 4,882
THIS DIVISION SHALL BE DEPOSITED INTO THE COUNTY INDIGENT DRIVERS 4,883
ALCOHOL TREATMENT FUND OR MUNICIPAL INDIGENT DRIVERS ALCOHOL 4,884
TREATMENT FUND UNDER THE CONTROL OF THAT COURT, AS CREATED BY THE 4,885
COUNTY OR MUNICIPAL CORPORATION PURSUANT TO DIVISION (N) OF 4,886
SECTION 4511.191 OF THE REVISED CODE. THE BALANCE OF THE FINE 4,887
SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW. 4,888
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 4,890
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 4,891
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 4,893
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(6)(a) OF 4,894
119
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 4,896
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 4,897
IMMOBILIZATION FOR NINETY DAYS OF THE VEHICLE THE OFFENDER WAS 4,899
OPERATING AT THE TIME OF THE OFFENSE AND THE IMPOUNDMENT FOR 4,900
NINETY DAYS OF THE IDENTIFICATION LICENSE PLATES OF THAT VEHICLE. 4,901
THE ORDER FOR THE IMMOBILIZATION AND IMPOUNDMENT SHALL BE ISSUED 4,902
AND ENFORCED IN ACCORDANCE WITH SECTION 4503.233 OF THE REVISED 4,903
CODE.
(7)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8) OF 4,906
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 4,909
PLEADED GUILTY TO TWO VIOLATIONS OF DIVISION (A) OR (B) OF 4,910
SECTION 4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE 4,912
RELATING TO OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF 4,913
ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A 4,914
MUNICIPAL ORDINANCE RELATING TO OPERATING A VEHICLE WITH A 4,915
PROHIBITED CONCENTRATION OF ALCOHOL IN THE BLOOD, BREATH, OR 4,916
URINE, SECTION 2903.04 OF THE REVISED CODE IN A CASE IN WHICH THE 4,918
OFFENDER WAS SUBJECT TO THE SANCTIONS DESCRIBED IN DIVISION (D) 4,919
OF THAT SECTION, SECTION 2903.06, 2903.07, OR 2903.08 OF THE 4,920
REVISED CODE OR A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY 4,921
SIMILAR TO SECTION 2903.07 OF THE REVISED CODE IN A CASE IN WHICH 4,923
THE JURY OR JUDGE FOUND THAT THE OFFENDER WAS UNDER THE INFLUENCE 4,924
OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, OR A 4,926
STATUTE OF THE UNITED STATES OR OF ANY OTHER STATE OR A MUNICIPAL 4,927
ORDINANCE OF A MUNICIPAL CORPORATION LOCATED IN ANY OTHER STATE 4,928
THAT IS SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B) OF SECTION 4,929
4511.19 OF THE REVISED CODE, THE COURT SHALL SENTENCE THE 4,931
OFFENDER TO A TERM OF IMPRISONMENT OF SIXTY CONSECUTIVE DAYS AND
MAY SENTENCE THE OFFENDER TO A LONGER DEFINITE TERM OF 4,932
IMPRISONMENT OF NOT MORE THAN ONE YEAR. AS AN ALTERNATIVE TO THE 4,933
TERM OF IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT 4,934
SUBJECT TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE 4,935
UPON THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF 4,936
120
IMPRISONMENT OF THIRTY CONSECUTIVE DAYS AND NOT LESS THAN ONE 4,938
HUNDRED TEN CONSECUTIVE DAYS OF ELECTRONICALLY MONITORED HOUSE
ARREST AS DEFINED IN DIVISION (A) OF SECTION 2929.23 OF THE 4,940
REVISED CODE. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT AND 4,941
THE PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST SHALL NOT 4,942
EXCEED ONE YEAR. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT DO 4,943
NOT HAVE TO BE SERVED PRIOR TO OR CONSECUTIVELY WITH THE PERIOD 4,944
OF ELECTRONICALLY MONITORED HOUSE ARREST. 4,945
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 4,947
FINE OF NOT LESS THAN FIVE HUNDRED AND NOT MORE THAN TWO THOUSAND 4,948
FIVE HUNDRED DOLLARS. 4,949
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 4,951
OFFENDER, THE COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN 4,952
ALCOHOL AND DRUG ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 4,953
OF THE REVISED CODE. THE OFFENDER SHALL PAY THE COST OF THE 4,954
TREATMENT. IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE 4,956
TO PAY THE COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE COURT 4,957
MAY ORDER THAT PAYMENT OF THE COST OF THE OFFENDER'S ATTENDANCE 4,958
AT THE TREATMENT PROGRAM BE MADE FROM THAT COURT'S INDIGENT 4,959
DRIVERS ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, ONE HUNDRED 4,961
TWENTY-THREE DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND 4,962
EDUCATION FUND ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE 4,963
LAW ENFORCEMENT AGENCY IN THIS STATE THAT PRIMARILY WAS 4,964
RESPONSIBLE FOR THE ARREST OF THE OFFENDER, AS DETERMINED BY THE 4,965
COURT THAT IMPOSES THE FINE. THE AGENCY SHALL USE THIS SHARE TO 4,967
PAY ONLY THOSE COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF 4,968
THE REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE 4,970
AND IN INFORMING THE PUBLIC OF THE LAWS GOVERNING THE OPERATION 4,971
OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, THE 4,972
DANGERS OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF 4,973
ALCOHOL, AND OTHER INFORMATION RELATING TO THE OPERATION OF A 4,974
MOTOR VEHICLE AND THE CONSUMPTION OF ALCOHOLIC BEVERAGES. TWO 4,975
HUNDRED TWENTY-SEVEN DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS 4,976
121
DIVISION SHALL BE PAID TO THE POLITICAL SUBDIVISION RESPONSIBLE 4,977
FOR HOUSING THE OFFENDER DURING THE OFFENDER'S TERM OF 4,979
INCARCERATION. THE POLITICAL SUBDIVISION SHALL USE THIS SHARE TO 4,980
PAY OR REIMBURSE INCARCERATION COSTS IT INCURS IN HOUSING PERSONS 4,981
WHO VIOLATE SECTION 4511.19 OF THE REVISED CODE OR A 4,982
SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION 4,983
INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST EQUIPMENT FOR 4,984
PERSONS WHO VIOLATE THAT SECTION, AND THIS SHARE SHALL BE PAID TO 4,985
THE CREDIT OF THE FUND THAT PAYS THE COST OF INCARCERATION. THE 4,986
BALANCE OF THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY 4,987
LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 4,989
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 4,990
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 4,992
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(7)(a) OF 4,993
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 4,995
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 4,996
IMMOBILIZATION FOR ONE HUNDRED EIGHTY DAYS OF THE VEHICLE THE 4,998
OFFENDER WAS OPERATING AT THE TIME OF THE OFFENSE AND THE 4,999
IMPOUNDMENT FOR ONE HUNDRED EIGHTY DAYS OF THE IDENTIFICATION 5,000
LICENSE PLATES OF THAT VEHICLE. THE ORDER FOR THE IMMOBILIZATION 5,001
AND IMPOUNDMENT SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH 5,002
SECTION 4503.233 OF THE REVISED CODE. 5,003
(8)(a)(i) IF, WITHIN SIX YEARS OF THE OFFENSE, THE 5,005
OFFENDER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO THREE OR MORE 5,007
VIOLATIONS OF DIVISION (A) OR (B) OF SECTION 4511.19 OF THE 5,009
REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO OPERATING A
VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 5,010
ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE RELATING TO 5,011
OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION OF ALCOHOL IN 5,012
THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE REVISED CODE 5,014
IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE SANCTIONS 5,015
DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 2903.06, 5,016
2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 5,018
122
THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE REVISED 5,020
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 5,021
AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR OF ANY 5,023
OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL CORPORATION
LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO 5,024
DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED CODE, AND 5,027
IF SENTENCE IS NOT REQUIRED TO BE IMPOSED UNDER DIVISION 5,028
(A)(8)(a)(ii) OF THIS SECTION, THE OFFENDER IS GUILTY OF A FELONY 5,029
OF THE FOURTH DEGREE. THE COURT SHALL SENTENCE THE OFFENDER IN 5,030
ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE 5,031
AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY TERM OF 5,033
LOCAL INCARCERATION OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,035
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(1) OF SECTION 5,036
2929.13 OF THE REVISED CODE. THE COURT, PURSUANT TO SECTION 5,037
2929.17 OF THE REVISED CODE, MAY IMPOSE UPON THE OFFENDER A 5,040
SENTENCE THAT INCLUDES A TERM OF ELECTRONICALLY MONITORED HOUSE
ARREST, PROVIDED THAT THE TERM OF ELECTRONICALLY MONITORED HOUSE 5,041
ARREST SHALL NOT COMMENCE UNTIL AFTER THE OFFENDER HAS SERVED THE 5,042
MANDATORY TERM OF LOCAL INCARCERATION. 5,043
(ii) IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 5,045
PLEADED GUILTY TO A VIOLATION OF DIVISION (A) OF SECTION 4511.19 5,046
OF THE REVISED CODE UNDER CIRCUMSTANCES IN WHICH THE VIOLATION 5,048
WAS A FELONY, REGARDLESS OF WHEN THE PRIOR VIOLATION AND THE 5,049
PRIOR CONVICTION OR GUILTY PLEA OCCURRED, THE OFFENDER IS GUILTY 5,050
OF A FELONY OF THE THIRD DEGREE. THE COURT SHALL SENTENCE THE 5,052
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 5,053
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY 5,054
PRISON TERM OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,055
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(2) OF SECTION 5,056
2929.13 OF THE REVISED CODE.
(iii) IN ADDITION TO ALL OTHER SANCTIONS IMPOSED ON AN 5,058
OFFENDER UNDER DIVISION (A)(8)(a)(i) OR (ii) OF THIS SECTION, THE 5,060
COURT SHALL IMPOSE UPON THE OFFENDER, PURSUANT TO SECTION 2929.18 5,061
123
OF THE REVISED CODE, A FINE OF NOT LESS THAN SEVEN HUNDRED FIFTY 5,063
NOR MORE THAN TEN THOUSAND DOLLARS. 5,064
IN ADDITION TO ANY OTHER SANCTION THAT IT IMPOSES UPON THE 5,067
OFFENDER UNDER DIVISION (A)(8)(a)(i) OR (ii) OF THIS SECTION, THE 5,068
COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN ALCOHOL AND DRUG 5,071
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED 5,072
CODE. THE COST OF THE TREATMENT SHALL BE PAID BY THE OFFENDER. 5,074
IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE TO PAY THE 5,075
COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE COURT MAY ORDER 5,076
THAT PAYMENT OF THE COST OF THE OFFENDER'S ATTENDANCE AT THE 5,077
TREATMENT PROGRAM BE MADE FROM THE COURT'S INDIGENT DRIVERS 5,078
ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWO HUNDRED 5,080
TEN DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 5,081
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 5,082
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 5,083
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 5,084
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 5,086
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 5,087
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 5,088
THE PUBLIC OF THE LAWS GOVERNING OPERATION OF A MOTOR VEHICLE 5,089
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATION OF 5,090
A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 5,091
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 5,092
CONSUMPTION OF ALCOHOLIC BEVERAGES. THREE HUNDRED NINETY DOLLARS 5,093
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO 5,094
THE POLITICAL SUBDIVISION RESPONSIBLE FOR HOUSING THE OFFENDER 5,095
DURING THE OFFENDER'S TERM OF INCARCERATION. THE POLITICAL 5,096
SUBDIVISION SHALL USE THIS SHARE TO PAY OR REIMBURSE 5,098
INCARCERATION COSTS IT INCURS IN HOUSING PERSONS WHO VIOLATE 5,099
SECTION 4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY SIMILAR 5,100
MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION INTERLOCK DEVICES AND 5,101
ELECTRONIC HOUSE ARREST EQUIPMENT FOR PERSONS WHO VIOLATE THAT 5,102
SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT OF THE FUND 5,103
124
THAT PAYS THE COST OF INCARCERATION. THE BALANCE OF THE FINE 5,104
SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 5,106
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 5,107
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 5,109
ADDITION TO THE SANCTIONS IMPOSED UNDER DIVISION (A)(8)(a) OF 5,110
THIS SECTION AND ALL OTHER SANCTIONS PROVIDED BY LAW AND SUBJECT 5,112
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE CRIMINAL 5,114
FORFEITURE TO THE STATE OF THE VEHICLE THE OFFENDER WAS OPERATING 5,116
AT THE TIME OF THE OFFENSE. THE ORDER OF CRIMINAL FORFEITURE 5,117
SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH SECTION 4503.234 5,118
OF THE REVISED CODE. 5,119
(c) AS USED IN DIVISION (A)(8)(a) OF THIS SECTION, 5,122
"MANDATORY PRISON TERM" AND "MANDATORY TERM OF LOCAL
INCARCERATION" HAVE THE SAME MEANINGS AS IN SECTION 2929.01 OF 5,124
THE REVISED CODE.
(d) IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO AN 5,126
ORDER FOR CRIMINAL FORFEITURE UNDER THIS SECTION IS ASSIGNED OR 5,128
TRANSFERRED AND DIVISION (C)(2) OR (3) OF SECTION 4503.234 OF THE 5,130
REVISED CODE APPLIES, IN ADDITION TO OR INDEPENDENT OF ANY OTHER 5,132
PENALTY ESTABLISHED BY LAW, THE COURT MAY FINE THE OFFENDER THE 5,133
VALUE OF THE VEHICLE AS DETERMINED BY PUBLICATIONS OF THE
NATIONAL AUTO DEALER'S ASSOCIATION. THE PROCEEDS FROM ANY FINE 5,134
IMPOSED UNDER THIS DIVISION SHALL BE DISTRIBUTED IN ACCORDANCE 5,135
WITH DIVISION (D)(4) OF SECTION 4503.234 OF THE REVISED CODE. 5,137
(9)(a) Except as provided in division (A)(5)(9)(b) of this 5,140
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1), 5,141
(2), (3), or (4), (5), (6), (7), OR (8) of this section to 5,144
continue the offender's employment, the court may authorize that 5,145
the offender be granted work release from imprisonment after the 5,146
offender has served the three, SIX, ten, or TWENTY, thirty, OR 5,148
SIXTY consecutive days of imprisonment or the mandatory term of 5,150
local incarceration of sixty OR ONE HUNDRED TWENTY consecutive 5,151
125
days that the court is required by division (A)(1), (2), (3), or 5,152
(4), (5), (6), (7), OR (8) of this section to impose. No court 5,155
shall authorize work release from imprisonment during the three, 5,156
SIX, ten, or TWENTY, thirty, OR SIXTY consecutive days of 5,158
imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty OR ONE HUNDRED TWENTY consecutive 5,159
days that the court is required by division (A)(1), (2), (3), or 5,161
(4), (5), (6), (7), OR (8) of this section to impose. The 5,163
duration of the work release shall not exceed the time necessary 5,164
each day for the offender to commute to and from the place of
employment and the place of imprisonment and the time actually 5,165
spent under employment. 5,166
(b) An offender who is sentenced pursuant to division 5,168
(A)(2) or, (3), (6), OR (7) of this section to a term of 5,171
imprisonment followed by a period of electronically monitored
house arrest is not eligible for work release from imprisonment, 5,173
but that person shall be permitted work release during the period 5,174
of electronically monitored house arrest. The duration of the 5,175
work release shall not exceed the time necessary each day for the 5,176
offender to commute to and from the place of employment and the 5,177
offender's home or other place specified by the sentencing court 5,178
and the time actually spent under employment. 5,179
(6)(10) Notwithstanding any section of the Revised Code 5,181
that authorizes the suspension of the imposition or execution of 5,182
a sentence, the placement of an offender in any treatment program 5,184
in lieu of imprisonment, or the use of a community control
sanction for an offender convicted of a felony, no court shall 5,186
suspend the ten or, TWENTY, thirty, OR SIXTY consecutive days of 5,188
imprisonment required to be imposed on an offender by division 5,189
(A)(2) or, (3), (6), OR (7) of this section, no court shall place 5,191
an offender who is sentenced pursuant to division (A)(2), (3), or 5,192
(4), (6), (7), OR (8) of this section in any treatment program in 5,195
lieu of imprisonment until after the offender has served the ten 5,196
or, TWENTY, thirty, OR SIXTY consecutive days of imprisonment or 5,198
126
the mandatory term of local incarceration or mandatory prison 5,199
term of sixty OR ONE HUNDRED TWENTY consecutive days required to 5,200
be imposed pursuant to division (A)(2), (3), or (4), (6), (7), OR 5,203
(8) of this section, no court that sentences an offender under 5,204
division (A)(4) OR (8) of this section shall impose any sanction 5,206
other than a mandatory term of local incarceration or mandatory 5,207
prison term to apply to the offender until after the offender has 5,208
served the mandatory term of local incarceration or mandatory 5,209
prison term of sixty OR ONE HUNDRED TWENTY consecutive days 5,210
required to be imposed pursuant to division (A)(4) OR (8) of this 5,212
section, and no court that imposes a sentence of imprisonment and 5,213
a period of electronically monitored house arrest upon an 5,214
offender under division (A)(2) or, (3), (6), OR (7) of this 5,216
section shall suspend any portion of the sentence or place the 5,217
offender in any treatment program in lieu of imprisonment or 5,218
electronically monitored house arrest. Notwithstanding any 5,219
section of the Revised Code that authorizes the suspension of the 5,220
imposition or execution of a sentence or the placement of an 5,221
offender in any treatment program in lieu of imprisonment, no 5,222
court, except as specifically authorized by division (A)(1) OR 5,223
(5) of this section, shall suspend the three OR ANY PART OF THE 5,224
SIX consecutive days of imprisonment required to be imposed by 5,225
division (A)(1) OR (5) of this section or place an offender who 5,226
is sentenced pursuant to division (A)(1) OR (5) of this section 5,227
in any treatment program in lieu of imprisonment until after the 5,228
offender has served the three OR SIX consecutive days of 5,229
imprisonment required to be imposed pursuant to division (A)(1) 5,230
OR (5) of this section. 5,231
(7)(11) No court shall sentence an offender to an alcohol 5,233
treatment program pursuant to division (A)(1), (2), (3), or (4), 5,234
(5), (6), (7), OR (8) of this section unless the treatment 5,236
program complies with the minimum standards adopted pursuant to 5,238
Chapter 3793. of the Revised Code by the director of alcohol and 5,239
drug addiction services. 5,240
127
(8)(12) No court shall impose the alternative sentence of 5,242
a term of imprisonment of five consecutive days plus not less 5,243
than eighteen consecutive days A TERM of electronically monitored 5,244
house arrest permitted to be imposed by division (A)(2), (3), 5,245
(6), OR (7) of this section, or the alternative sentence of a 5,247
term of imprisonment of fifteen consecutive days plus not less 5,248
than fifty-five consecutive days of electronically monitored 5,249
house arrest permitted to be imposed pursuant to division (A)(3) 5,250
of this section, unless within sixty days of the date of 5,251
sentencing, the court issues a written finding, entered into the 5,252
record, that due to the unavailability of space at the 5,253
incarceration facility where the offender is required to serve 5,254
the term of imprisonment imposed upon the offender, the offender 5,255
will not be able to commence serving the term of imprisonment 5,257
within the sixty-day period following the date of sentencing. If 5,258
the court issues a WRITTEN finding OF THAT NATURE, the court may 5,259
impose the alternative sentence comprised of a term of 5,261
imprisonment and a term of electronically monitored house arrest 5,262
permitted to be imposed by division (A)(2) or, (3), (6), OR (7) 5,263
of this section.
(B) Whoever violates section 4511.192, 4511.251, or 5,265
4511.85 of the Revised Code is guilty of a misdemeanor of the 5,266
first degree. The court, in addition to or independent of all 5,267
other penalties provided by law, may suspend for a period not to 5,268
exceed one year the driver's or commercial driver's license or 5,269
permit or nonresident operating privilege of any person who 5,270
pleads guilty to or is convicted of a violation of section 5,271
4511.192 of the Revised Code. 5,272
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 5,274
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 5,275
guilty of one of the following: 5,276
(1) Except as otherwise provided in division (C)(2) of 5,278
this section, a minor misdemeanor. 5,279
(2) If the offender previously has been convicted of or 5,282
128
pleaded guilty to one or more violations of section 4511.63, 5,283
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 5,284
Revised Code or a municipal ordinance that is substantially 5,285
similar to any of those sections, a misdemeanor of the fourth 5,288
degree.
(D)(1) Whoever violates any provision of sections 4511.01 5,290
to 4511.76 or section 4511.84 of the Revised Code, for which no 5,291
penalty otherwise is provided in this section is guilty of one of 5,292
the following: 5,293
(a) Except as otherwise provided in division (D)(1)(b), 5,296
(1)(c), (2), or (3) of this section, a minor misdemeanor; 5,297
(b) If, within one year of the offense, the offender 5,299
previously has been convicted of or pleaded guilty to one 5,301
violation of any provision of sections 4511.01 to 4511.76 or 5,303
section 4511.84 of the Revised Code for which no penalty 5,304
otherwise is provided in this section or a municipal ordinance 5,306
that is substantially similar to any provision of sections 5,307
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 5,308
which no penalty otherwise is provided in this section, a 5,309
misdemeanor of the fourth degree; 5,311
(c) If, within one year of the offense, the offender 5,313
previously has been convicted of or pleaded guilty to two or more 5,314
violations of any provision described in division (D)(1)(b) of 5,316
this section or any municipal ordinance that is substantially 5,317
similar to any of those provisions, a misdemeanor of the third 5,318
degree. 5,319
(2) When any person is found guilty of a first offense for 5,321
a violation of section 4511.21 of the Revised Code upon a finding 5,322
that the person operated a motor vehicle faster than thirty-five 5,324
miles an hour in a business district of a municipal corporation, 5,325
or faster than fifty miles an hour in other portions, or faster 5,326
than thirty-five miles an hour while passing through a school 5,327
zone during recess or while children are going to or leaving 5,328
school during the opening or closing hours, the person is guilty 5,329
129
of a misdemeanor of the fourth degree. 5,330
(3) Notwithstanding section 2929.21 of the Revised Code, 5,332
upon a finding that such person operated a motor vehicle in a 5,333
construction zone where a sign was then posted in accordance with 5,334
section 4511.98 of the Revised Code, the court, in addition to 5,335
all other penalties provided by law, shall impose a fine of two 5,336
times the usual amount imposed for the violation. No court shall 5,337
impose a fine of two times the usual amount imposed for the 5,338
violation upon an offender who alleges, in an affidavit filed 5,339
with the court prior to the offender's sentencing, that the 5,340
offender is indigent and is unable to pay the fine imposed 5,341
pursuant to this division, provided the court determines the 5,342
offender is an indigent person and is unable to pay the fine. 5,343
(E) Whenever a person is found guilty in a court of record 5,345
of a violation of section 4511.761, 4511.762, or 4511.77 of the 5,346
Revised Code, the trial judge, in addition to or independent of 5,347
all other penalties provided by law, may suspend for any period 5,348
of time not exceeding three years, or revoke the license of any 5,349
person, partnership, association, or corporation, issued under 5,350
section 4511.763 of the Revised Code. 5,351
(F) Whoever violates division (E) or (F) of section 5,353
4511.51, division (A), (D), or (E) of section 4511.521, section 5,354
4511.681, division (A), (C), or (F) of section 4511.69, section 5,355
4511.772, or division (A) or (B) of section 4511.82 of the 5,356
Revised Code is guilty of a minor misdemeanor. 5,357
(G) Whoever violates division (A) of section 4511.75 of 5,359
the Revised Code may be fined an amount not to exceed five 5,360
hundred dollars. A person who is issued a citation for a 5,361
violation of division (A) of section 4511.75 of the Revised Code 5,362
is not permitted to enter a written plea of guilty and waive the 5,363
person's right to contest the citation in a trial, but instead 5,364
must appear in person in the proper court to answer the charge. 5,365
(H)(1) Whoever is a resident of this state and violates 5,367
division (A) or (B) of section 4511.81 of the Revised Code shall 5,368
130
be punished as follows: 5,369
(a) Except as otherwise provided in division (H)(1)(b) of 5,371
this section, the offender is guilty of a minor misdemeanor. 5,373
(b) If the offender previously has been convicted of or 5,375
pleaded guilty to a violation of division (A) or (B) of section 5,376
4511.81 of the Revised Code or of a municipal ordinance that is 5,378
substantially similar to either of those divisions, the offender 5,379
is guilty of a misdemeanor of the fourth degree. 5,380
(2) Whoever is not a resident of this state, violates 5,382
division (A) or (B) of section 4511.81 of the Revised Code, and 5,383
fails to prove by a preponderance of the evidence that the 5,384
offender's use or nonuse of a child restraint system was in 5,385
accordance with the law of the state of which the offender is a 5,387
resident is guilty of a minor misdemeanor on a first offense; on 5,389
a second or subsequent offense, that person is guilty of a 5,390
misdemeanor of the fourth degree. 5,391
(3) Sixty-five per cent of every fine imposed pursuant to 5,393
division (H)(1) or (2) of this section shall be forwarded to the 5,394
treasurer of state for deposit in the "child highway safety fund" 5,395
created by division (G) of section 4511.81 of the Revised Code. 5,396
The balance of the fine shall be disbursed as otherwise provided 5,397
by law. 5,398
(I) Whoever violates section 4511.202 of the Revised Code 5,400
is guilty of operating a motor vehicle without being in control 5,401
of it, a minor misdemeanor. 5,402
(J) Whoever violates division (B) of section 4511.74, 5,404
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 5,405
section 4511.83 of the Revised Code is guilty of a misdemeanor of 5,406
the first degree. 5,407
(K) Except as otherwise provided in this division, whoever 5,409
violates division (E) of section 4511.11, division (A) or (C) of 5,410
section 4511.17, or section 4511.18 of the Revised Code is guilty 5,411
of a misdemeanor of the third degree. If a violation of division 5,412
(A) or (C) of section 4511.17 of the Revised Code creates a risk 5,413
131
of physical harm to any person, the offender is guilty of a 5,414
misdemeanor of the first degree. A violation of division (A) or 5,415
(C) of section 4511.17 of the Revised Code that causes serious 5,416
physical harm to property that is owned, leased, or controlled by 5,417
a state or local authority is a felony of the fifth degree. 5,419
(L) Whoever violates division (H) of section 4511.69 of 5,421
the Revised Code shall be punished as follows: 5,422
(1) Except as otherwise provided in division (L)(2) of 5,425
this section, the offender shall be issued a warning. 5,426
(2) If the offender previously has been convicted of or 5,428
pleaded guilty to a violation of division (H) of section 4511.69 5,429
of the Revised Code or of a municipal ordinance that is 5,430
substantially similar to that division, the offender shall not be 5,431
issued a warning but shall be fined twenty-five dollars for each 5,432
parking location that is not properly marked or whose markings 5,434
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 5,436
4511.45 of the Revised Code is guilty of a misdemeanor of the 5,437
fourth degree on a first offense; on a second offense within one 5,438
year after the first offense, the person is guilty of a 5,439
misdemeanor of the third degree; and on each subsequent offense 5,440
within one year after the first offense, the person is guilty of 5,441
a misdemeanor of the second degree. 5,442
(N)(1) Whoever violates division (B) of section 4511.19 of 5,445
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 5,446
(a) Except as otherwise provided in division (N)(1)(b) of 5,449
this section, the offender is guilty of a misdemeanor of the 5,451
fourth degree.
(b) If, within one year of the offense, the offender has 5,453
been convicted of or pleaded guilty to any violation of division 5,454
(A) or (B) of section 4511.19 of the Revised Code, a municipal 5,455
ordinance relating to operating a vehicle while under the 5,456
influence of alcohol, a drug of abuse, or alcohol and a drug of 5,457
132
abuse, a municipal ordinance relating to operating a vehicle with 5,458
a prohibited concentration of alcohol in the blood, breath, or 5,459
urine, section 2903.04 of the Revised Code in a case in which the 5,460
offender was subject to the sanctions described in division (D) 5,461
of that section, section 2903.06, 2903.07, or 2903.08 of the 5,462
Revised Code or a municipal ordinance that is substantially 5,463
similar to section 2903.07 of the Revised Code in a case in which 5,464
the jury or judge found that the offender was under the influence 5,465
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,466
statute of the United States or of any other state or a municipal 5,468
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 5,469
4511.19 of the Revised Code, the offender is guilty of a 5,470
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 5,472
provided by law, the offender's driver's or commercial driver's 5,473
license or permit or nonresident operating privilege shall be 5,474
suspended in accordance with, and for the period of time 5,475
specified in, division (E) of section 4507.16 of the Revised 5,476
Code. 5,477
(O) Whoever violates section 4511.62 of the Revised Code 5,480
is guilty of a misdemeanor of the fourth degree.
Sec. 5120.032. (A) No later than January 1, 1998, the 5,490
department of rehabilitation and correction shall develop and 5,492
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this 5,493
section. The intensive program prisons shall include institutions 5,494
at which imprisonment of the type described in division (B)(2)(a) 5,496
of section 5120.031 of the Revised Code is provided and prisons 5,497
that focus on educational achievement, vocational training, 5,498
alcohol and other drug abuse treatment, community service and 5,499
conservation work, and other intensive regimens or combinations 5,500
of intensive regimens.
(B)(1) Except as provided in division (B)(2) of this 5,503
133
section, the department may place a prisoner in an intensive 5,504
program prison established pursuant to division (A) of this 5,505
section subject to the approval of the sentencing judge. At 5,506
least three weeks prior to placing a prisoner in an intensive 5,508
program prison, the department shall give notice of the placement 5,509
and of the fact that the judge may disapprove the placement. If 5,510
the judge disapproves the placement, the judge shall notify the 5,511
department of the disapproval within ten days after receipt of 5,512
the notice. If the judge timely disapproves the placement, the
department shall not proceed with it. If the judge does not 5,513
timely disapprove of the placement, the department may proceed 5,514
with plans for it.
The department may reduce the stated prison term of a 5,517
prisoner upon the prisoner's successful completion of a
ninety-day period in an intensive program prison. A prisoner 5,518
whose term has been so reduced shall be required to serve an 5,520
intermediate, transitional type of detention followed by a 5,521
release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 5,522
sanctions, as described in division (B)(2)(b)(ii) of section 5,523
5120.031 of the Revised Code. In either case, the placement 5,524
under post-release control sanctions shall be under terms set by 5,527
the parole board in accordance with section 2967.28 of the 5,528
Revised Code and shall be subject to the provisions of that 5,531
section with respect to a violation of any post-release control 5,533
sanction.
(2) A prisoner who is in any of the following categories 5,535
is not eligible to participate in an intensive program prison 5,537
established pursuant to division (A) of this section: 5,538
(a) The prisoner is serving a prison term for aggravated 5,541
murder, murder, or a felony of the first or second degree or a 5,542
comparable offense under the law in effect prior to the effective 5,544
date of this section JULY 1, 1996, or the prisoner previously has 5,545
been imprisoned for aggravated murder, murder, or a felony of the 5,546
134
first or second degree or a comparable offense under the law in 5,547
effect prior to the effective date of this section JULY 1, 1996. 5,549
(b) The prisoner is serving a mandatory prison term, as 5,551
defined in section 2929.01 of the Revised Code. 5,552
(c) The prisoner is serving a prison term for a felony of 5,554
the third, fourth, or fifth degree that either is a sex offense, 5,555
an offense betraying public trust, or an offense in which the 5,556
prisoner caused or attempted to cause actual physical harm to a 5,557
person, the prisoner is serving a prison term for a comparable 5,558
offense under the law in effect prior to the effective date of 5,559
this section JULY 1, 1996, or the prisoner previously has been 5,560
imprisoned for an offense of that type or a comparable offense 5,561
under the law in effect prior to the effective date of this 5,562
section JULY 1, 1996. 5,563
(d) The prisoner is serving a mandatory prison term in 5,565
prison for a fourth THIRD degree felony OMVI offense, as defined 5,567
in section 2929.01 of the Revised Code, that was imposed pursuant 5,568
to division (G)(2) of section 2929.13 of the Revised Code. 5,569
(C) Upon the implementation of intensive program prisons 5,571
pursuant to division (A) of this section, the department at all 5,572
times shall maintain intensive program prisons sufficient in 5,573
number to reduce the prison terms of at least three hundred fifty 5,574
prisoners who are eligible for reduction of their stated prison 5,575
terms as a result of their completion of a regimen in an
intensive program prison under this section. 5,577
Sec. 5120.033. (A) As used in this section, "fourth THIRD 5,586
degree felony OMVI offense" has the same meaning as in section 5,589
2929.01 of the Revised Code. 5,590
(B) Within eighteen months after the effective date of 5,592
this section OCTOBER 17, 1996, the department of rehabilitation 5,594
and correction shall develop and implement intensive program 5,595
prisons for male and female prisoners who are sentenced pursuant 5,596
to division (G)(2) of section 2929.13 of the Revised Code to a 5,597
mandatory prison term for a fourth THIRD degree felony OMVI 5,599
135
offense. The department shall contract pursuant to section 9.06 5,600
of the Revised Code for the private operation and management of 5,601
the initial intensive program prison established under this 5,602
section and may contract pursuant to that section for the private 5,603
operation and management of any other intensive program prison 5,604
established under this section. The intensive program prisons 5,605
established under this section shall include prisons that focus 5,607
on educational achievement, vocational training, alcohol and 5,608
other drug abuse treatment, community service and conservation 5,609
work, and other intensive regimens or combinations of intensive 5,610
regimens.
(C) Except as provided in division (D) of this section, 5,613
the department may place a prisoner who is sentenced to a
mandatory prison term for a fourth THIRD degree felony OMVI 5,614
offense in an intensive program prison established pursuant to 5,617
division (B) of this section if the sentencing judge, upon 5,618
notification by the department of its intent to place the 5,619
prisoner in an intensive program prison, does not notify the 5,620
department that the judge disapproves the placement. If the 5,622
stated prison term imposed on a prisoner who is so placed is 5,623
longer than the mandatory prison term that is required to be 5,624
imposed on the prisoner, the department may reduce the stated
prison term upon the prisoner's successful completion of the 5,626
prisoner's mandatory prison term in an intensive program prison.
A prisoner whose term has been so reduced shall be required to 5,628
serve an intermediate, transitional type of detention followed by 5,629
a release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 5,630
sanctions, as described in division (B)(2)(b)(ii) of section 5,631
5120.031 of the Revised Code. In either case, the placement 5,632
under post-release control sanctions shall be under terms set by 5,633
the parole board in accordance with section 2967.28 of the 5,634
Revised Code and shall be subject to the provisions of that 5,635
section with respect to a violation of any post-release control 5,636
136
sanction. Upon the establishment of the initial intensive 5,637
program prison pursuant to division (B) of this section that is 5,638
privately operated and managed by a contractor pursuant to a
contract entered into under section 9.06 of the Revised Code, the 5,640
department shall comply with divisions (G)(2)(a) and (b) of 5,641
section 2929.13 of the Revised Code in placing prisoners in 5,642
intensive program prisons under this section. 5,644
(D) A prisoner who is sentenced to a mandatory prison term 5,646
for a fourth THIRD degree felony OMVI offense is not eligible to 5,648
participate in an intensive program prison established under 5,649
division (B) of this section if any of the following applies
regarding the prisoner: 5,650
(1) In addition to the mandatory prison term for the 5,652
fourth THIRD degree felony OMVI offense, the prisoner also is 5,654
serving a prison term of a type described in division (B)(2)(a), 5,655
(b), or (c) of section 5120.032 of the Revised Code. 5,656
(2) The prisoner previously has been imprisoned for an 5,659
offense of a type described in division (B)(2)(a) or (c) of 5,660
section 5120.032 of the Revised Code or a comparable offense 5,661
under the law in effect prior to July 1, 1996.
(E) Intensive program prisons established under division 5,663
(B) of this section are not subject to section 5120.032 of the 5,664
Revised Code.
Sec. 5120.161. (A) Except as provided in division (C) of 5,673
this section, the department of rehabilitation and correction may 5,674
enter into an agreement with any local authority operating a 5,675
county, multicounty, municipal, municipal-county, or 5,676
multicounty-municipal jail or workhouse, as described in section 5,677
307.93, 341.21, or 753.16 of the Revised Code, for the housing in 5,678
the jail or workhouse operated by the local authority of persons 5,679
who are convicted of or plead guilty to a felony of the fourth or 5,681
fifth degree if the person previously has not been convicted of 5,683
or pleaded guilty to a felony and if the felony is not an offense 5,685
of violence. The agreement shall specify a per diem fee that the 5,686
137
department shall pay the local authority for each such person 5,687
housed in the jail or workhouse pursuant to the agreement, shall 5,688
set forth any other terms and conditions for the housing of such 5,689
persons in the jail or workhouse, and shall indicate that the 5,690
department, subject to the relevant terms and conditions set 5,691
forth, may designate those persons to be housed at the jail or 5,692
workhouse.
(B) A person designated by the department to be housed in 5,694
a county, multicounty, municipal, municipal-county, or 5,695
multicounty-municipal jail or workhouse that is the subject of an 5,696
agreement entered into under division (A) of this section shall 5,697
be conveyed by the department to that jail or workhouse and shall 5,698
be kept at the jail or workhouse until the person's term of 5,699
imprisonment expires, the person is pardoned, paroled, or placed 5,702
under a post-release control sanction, or the person is
transferred under the laws permitting the transfer of prisoners. 5,703
The department shall pay the local authority that operates the 5,704
jail or workhouse the per diem fee specified in the agreement for 5,705
each such person housed in the jail or workhouse. Each such 5,706
person housed in the jail or workhouse shall be under the direct 5,707
supervision and control of the keeper, superintendent, or other 5,708
person in charge of the jail or workhouse, but shall be 5,709
considered for all other purposes to be within the custody of the 5,710
department of rehabilitation and correction. Section 2967.193 of 5,712
the Revised Code and all other provisions of the Revised Code 5,714
that pertain to persons within the custody of the department that 5,715
would not by their nature clearly be inapplicable apply to 5,716
persons housed pursuant to this section.
(C) The department of rehabilitation and correction shall 5,718
not enter into an agreement pursuant to division (A) of this 5,719
section with any local authority unless the jail or workhouse 5,720
operated by the authority complies with the Minimum Standards for 5,721
Jails in Ohio. 5,722
(D) A court that sentences a person for a felony may 5,724
138
include as the sentence or part of the sentence, in accordance 5,725
with division (A) of section 2929.16 of the Revised Code and 5,726
regardless of whether the jail or workhouse is the subject of an 5,728
agreement entered into under division (A) of this section, a 5,729
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 5,730
offense and the offender previously has not been convicted of a 5,731
fourth degree felony OMVI offense, a sanction that consists of a 5,733
term of up to one year in a jail less the mandatory term of local 5,735
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days 5,737
imposed pursuant to division (G)(1) of section 2929.13 of the 5,738
Revised Code.
(E) "Fourth degree felony OMVI offense" and "mandatory 5,740
term of local incarceration" have the same meanings as in section 5,741
2929.01 of the Revised Code. 5,742
Section 2. That existing sections 2323.59, 2929.01, 5,744
2929.13, 2929.14, 2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 5,745
2929.23, 2929.41, 3793.10, 4503.233, 4507.164, 4511.19, 4511.191, 5,747
4511.99, 5120.032, 5120.033, and 5120.161 of the Revised Code are 5,748
hereby repealed. 5,749
Section 3. Section 2929.01 of the Revised Code was amended 5,751
by both H.B. 378 and Am. Sub. S.B. 111 of the 122nd General 5,752
Assembly. Comparison of these amendments in pursuance of section 5,753
1.52 of the Revised Code discloses that while certain of the 5,754
amendments of these acts are reconcilable, certain other of the 5,755
amendments are substantively irreconcilable. H.B. 378 was passed 5,756
on November 13, 1997; S.B. 111 was passed on November 18, 1997. 5,757
Section 2929.01 of the Revised Code is therefore presented in 5,758
this act as it results from S.B. 111 and such of the amendments 5,759
of H.B. 378 as are not in conflict with the amendments of S.B. 5,760
111. This is in recognition of the principles stated in division 5,761
(B) of section 1.52 of the Revised Code that amendments are to be 5,762
harmonized where not substantively irreconcilable, and that where 5,763
amendments are substantively irreconcilable, the latest amendment 5,764
139
is to prevail. This section constitutes a legislative finding 5,765
that such harmonized and reconciled section was the resulting
version in effect prior to the effective date of this act. 5,766
Section 4. Sections 2929.15, 2929.17, and 5120.032 of the 5,769
Revised Code are presented in this act as a composite of the 5,770
sections as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 5,771
166 of the 121st General Assembly, with the new language of 5,772
neither of the acts shown in capital letters. Section 2929.19 of 5,773
the Revised Code is presented in this act as a composite of the 5,774
sections as amended by Am. Sub. S.B. 269, Am. Sub. S.B. 166, and 5,775
Am. Sub. H.B. 180 of the 121st General Assembly, with the new 5,776
language of none of the acts shown in capital letters. Section 5,777
2929.41 of the Revised Code is presented in this act as a 5,778
composite of the section as amended by both Sub. H.B. 154 and Am.
Sub. H.B. 180 of the 121st General Assembly, with the new 5,779
language of neither of the acts shown in capital letters. 5,780
Section 4503.233 of the Revised Code is presented in this act as 5,782
a composite of the section as amended by both Am. Sub. H.B. 353 5,783
and Am. Sub. H.B. 676 of the 121st General Assembly, with the new 5,784
language of neither of the acts shown in capital letters. This 5,785
is in recognition of the principle stated in division (B) of 5,786
section 1.52 of the Revised Code that such amendments are to be 5,787
harmonized where not substantively irreconcilable and constitutes 5,788
a legislative finding that such is the resulting version in 5,789
effect prior to the effective date of this act. 5,790