As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 22 5
1999-2000 6
SENATORS JOHNSON-FINAN-LATTA-MUMPER-WATTS-ARMBRUSTER-WHITE- 8
OELSLAGER-CUPP-SPADA-WACHTMANN-BLESSING-GARDNER 9
_________________________________________________________________ 11
A B I L L
To amend sections 2323.59, 2929.01, 2929.13, 13
2929.14, 2929.15, 2929.16, 2929.17, 2929.18, 14
2929.19, 2929.23, 2929.41, 3793.10, 4503.233, 15
4507.164, 4511.19, 4511.191, 4511.99, 5120.032, 16
5120.033, and 5120.161 of the Revised Code to 17
establish stricter penalties for a person who 18
commits state OMVI and has a concentration of .17
of one per cent or more by weight of alcohol in 19
the person's blood, a concentration of .17 of one 20
gram or more by weight of alcohol per 210 liters 21
of the person's breath, or a concentration of
.238 of one gram or more by weight of alcohol per 22
100 milliliters of the person's urine, to 23
increase to a felony of the third degree the 24
penalty for a second or subsequent felony 25
conviction of state OMVI, and in certain
circumstances to eliminate for state OMVI and for 26
driving under suspension or revocation offenses 27
the prohibition against imposing a term of
imprisonment imposed for a misdemeanor 28
consecutively to a prison term imposed for a
felony.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 2323.59, 2929.01, 2929.13, 32
2929.14, 2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 33
2
2929.41, 3793.10, 4503.233, 4507.164, 4511.19, 4511.191, 4511.99, 35
5120.032, 5120.033, and 5120.161 of the Revised Code be amended 36
to read as follows:
Sec. 2323.59. (A) As used in this section: 45
(1) "Harm" means injury, death, or loss to person or 48
property.
(2) "Tort action" means a civil action for damages for 51
injury, death, or loss to person or property. "Tort action" 52
includes a product liability claim but does not include a civil 53
action for damages for a breach of contract or another agreement 54
between persons. 55
(3) "Trier of fact" means the jury or, in a nonjury 58
action, the court.
(B) In a tort action involving a plaintiff who was 60
operating a motor vehicle at the time of the occurrence of the 61
harm for which the plaintiff seeks to recover damages, if a 62
defendant establishes by a preponderance of the evidence that the 64
plaintiff or the person for whom the plaintiff is legal
representative had an alcohol A concentration equal to or greater 66
than that specified in division (A)(2), (3), or (4) of section 67
4511.19 of the Revised Code OF TEN-HUNDREDTHS OF ONE PER CENT OR 69
MORE BY WEIGHT OF ALCOHOL IN THE PLAINTIFF'S OR PERSON'S BLOOD, A 70
CONCENTRATION OF TEN-HUNDREDTHS OF ONE GRAM OR MORE BY WEIGHT OF 71
ALCOHOL PER TWO HUNDRED TEN LITERS OF THE PLAINTIFF'S OR PERSON'S 72
BREATH, OR A CONCENTRATION OF FOURTEEN-HUNDREDTHS OF ONE GRAM OR 73
MORE BY WEIGHT OF ALCOHOL PER ONE HUNDRED MILLILITERS OF THE 74
PLAINTIFF'S OR PERSON'S URINE, was under the influence of a drug 76
of abuse, or had an alcohol concentration of that nature and was 77
under the influence of a drug of abuse, at the time of the
occurrence of the harm for which the plaintiff seeks to recover 78
damages, it shall be presumed that the alcohol, drug of abuse, or 79
alcohol and drug of abuse was the proximate cause of the harm for 80
which the plaintiff seeks to recover damages. This presumption 82
may be rebutted only by clear and convincing evidence that the 83
3
alcohol, drug of abuse, or alcohol and drug of abuse was not the 85
proximate cause of the harm for which the plaintiff seeks to
recover damages. 86
(C) The trier of fact in a tort action shall consider the 88
use of alcohol, a drug of abuse, or alcohol and a drug of abuse 90
by the plaintiff in determining contributory negligence or other 91
contributory tortious conduct and may diminish pursuant to 92
section 2315.19 or 2315.20 of the Revised Code a recovery of 94
compensatory damages in the tort action because of the
plaintiff's use of alcohol, a drug of abuse, or alcohol and a 95
drug of abuse. 96
Sec. 2929.01. As used in this chapter: 106
(A)(1) "Alternative residential facility" means, subject 108
to division (A)(2) of this section, any facility other than an 109
offender's home or residence in which an offender is assigned to 110
live and that satisfies all of the following criteria: 111
(a) It provides programs through which the offender may 113
seek or maintain employment or may receive education, training, 114
treatment, or habilitation. 115
(b) It has received the appropriate license or certificate 117
for any specialized education, training, treatment, habilitation, 118
or other service that it provides from the government agency that 119
is responsible for licensing or certifying that type of 120
education, training, treatment, habilitation, or service. 121
(2) "Alternative residential facility" does not include a 124
community-based correctional facility, jail, halfway house, or 125
prison.
(B) "Bad time" means the time by which the parole board 127
administratively extends an offender's stated prison term or 128
terms pursuant to section 2967.11 of the Revised Code because the 129
parole board finds by clear and convincing evidence that the 130
offender, while serving the prison term or terms, committed an 131
act that is a criminal offense under the law of this state or the 132
United States, whether or not the offender is prosecuted for the 134
4
commission of that act.
(C) "Basic supervision" means a requirement that the 137
offender maintain contact with a person appointed to supervise 139
the offender in accordance with sanctions imposed by the court or 140
imposed by the parole board pursuant to section 2967.28 of the 141
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 143
"unit dose" have the same meanings as in section 2925.01 of the 144
Revised Code.
(E) "Community-based correctional facility" means a 147
community-based correctional facility and program or district 148
community-based correctional facility and program developed 149
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 150
(F) "Community control sanction" means a sanction that is 153
not a prison term and that is described in section 2929.15, 154
2929.16, 2929.17, or 2929.18 of the Revised Code. 155
(G) "Criminally injurious conduct" means any conduct of 158
the type that is described in division (C)(1) or (2) of section 159
2743.51 of the Revised Code and that occurs on or after July 1, 160
1996, or any activity that is described in divisions (C)(3) and 161
(R) of section 2743.51 of the Revised Code and that occurs on or 162
after the effective date of this amendment MARCH 10, 1998. 164
(H) "Controlled substance," "marihuana," "schedule I," and 166
"schedule II" have the same meanings as in section 3719.01 of the 168
Revised Code.
(I) "Curfew" means a requirement that an offender during a 171
specified period of time be at a designated place. 172
(J) "Day reporting" means a sanction pursuant to which an 175
offender is required each day to report to and leave a center or 176
other approved reporting location at specified times in order to 177
participate in work, education or training, treatment, and other 178
approved programs at the center or outside the center. 179
(K) "Deadly weapon" has the same meaning as in section 182
2923.11 of the Revised Code. 183
5
(L) "Drug and alcohol use monitoring" means a program 186
under which an offender agrees to submit to random chemical 187
analysis of the offender's blood, breath, or urine to determine 188
whether the offender has ingested any alcohol or other drugs. 189
(M) "Drug treatment program" means any program under which 192
a person undergoes assessment and treatment designed to reduce or 194
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 195
which the person may be required to receive assessment and 197
treatment on an outpatient basis or may be required to reside at 198
a facility other than the person's home or residence while
undergoing assessment and treatment. 199
(N) "Economic loss" means any economic detriment suffered 202
by a victim as a result of criminally injurious conduct and 203
includes any loss of income due to lost time at work because of 204
any injury caused to the victim, and any property loss, medical 205
cost, or funeral expense incurred as a result of the criminally 206
injurious conduct.
(O) "Education or training" includes study at, or in 209
conjunction with a program offered by, a university, college, or 210
technical college or vocational study and also includes the 211
completion of primary school, secondary school, and literacy 212
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 215
meaning as in section 2929.23 of the Revised Code. 216
(Q) "Eligible offender" has the same meaning as in section 219
2929.23 of the Revised Code except as otherwise specified in 220
section 2929.20 of the Revised Code. 221
(R) "Firearm" has the same meaning as in section 2923.11 224
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 227
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 229
Revised Code as a suitable facility for the care and treatment of 230
6
adult offenders.
(T) "House arrest" means a period of confinement of an 232
eligible offender that is in the eligible offender's home or in 233
other premises specified by the sentencing court or by the parole 234
board pursuant to section 2967.28 of the Revised Code, that may 235
be electronically monitored house arrest, and during which all of 236
the following apply: 237
(1) The eligible offender is required to remain in the 239
eligible offender's home or other specified premises for the 241
specified period of confinement, except for periods of time 242
during which the eligible offender is at the eligible offender's 243
place of employment or at other premises as authorized by the 245
sentencing court or by the parole board.
(2) The eligible offender is required to report 248
periodically to a person designated by the court or parole board. 249
(3) The eligible offender is subject to any other 251
restrictions and requirements that may be imposed by the 252
sentencing court or by the parole board. 253
(U) "Intensive supervision" means a requirement that an 256
offender maintain frequent contact with a person appointed by the 257
court, or by the parole board pursuant to section 2967.28 of the 258
Revised Code, to supervise the offender while the offender is 259
seeking or maintaining necessary employment and participating in 260
training, education, and treatment programs as required in the 261
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 264
or other residential facility used for the confinement of alleged 265
or convicted offenders that is operated by a political 266
subdivision or a combination of political subdivisions of this 267
state.
(W) "Delinquent child" has the same meaning as in section 269
2151.02 of the Revised Code. 270
(X) "License violation report" means a report that is made 273
by a sentencing court, or by the parole board pursuant to section 274
7
2967.28 of the Revised Code, to the regulatory or licensing board 276
or agency that issued an offender a professional license or a 277
license or permit to do business in this state and that specifies 278
that the offender has been convicted of or pleaded guilty to an 279
offense that may violate the conditions under which the 280
offender's professional license or license or permit to do 281
business in this state was granted or an offense for which the 282
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 283
(Y) "Major drug offender" means an offender who is 286
convicted of or pleads guilty to the possession of, sale of, or 287
offer to sell any drug, compound, mixture, preparation, or 288
substance that consists of or contains at least one thousand 289
grams of hashish; at least one hundred grams of crack cocaine; at 290
least one thousand grams of cocaine that is not crack cocaine; at 291
least two hundred fifty grams of heroin; at least five thousand 292
unit doses of L.S.D.; or at least one hundred times the amount of 294
any other schedule I or II controlled substance other than 295
marihuana that is necessary to commit a felony of the third 296
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 297
2925.11 of the Revised Code that is based on the possession of, 298
sale of, or offer to sell the controlled substance. 299
(Z) "Mandatory prison term" means one any of the 301
following:
(1) Subject to division (DD)(Z)(2) of this section, the 304
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10) of 305
section 2929.13 and division (D) of section 2929.14 of the 306
Revised Code. Except as provided in sections 2925.02, 2925.03, 308
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 309
maximum or another specific term is required under section 310
2929.14 of the Revised Code, a mandatory prison term described in 311
this division may be any prison term authorized for the level of 312
offense.
8
(2) The term of sixty OR ONE HUNDRED TWENTY days in prison 314
that a sentencing court is required to impose for a fourth THIRD 315
degree felony OMVI offense pursuant to division (G)(2) of section 318
2929.13 and division (A)(4) OR (8) of section 4511.99 of the 319
Revised Code.
(3) The term in prison imposed pursuant to section 2971.03 321
of the Revised Code for the offenses and in the circumstances 322
described in division (F)(9) of section 2929.13 of the Revised 323
Code and that term as modified or terminated pursuant to section 325
2971.05 of the Revised Code.
(AA) "Monitored time" means a period of time during which 328
an offender continues to be under the control of the sentencing 329
court or parole board, subject to no conditions other than 330
leading a law-abiding life.
(BB) "Offender" means a person who, in this state, is 333
convicted of or pleads guilty to a felony or a misdemeanor. 334
(CC) "Prison" means a residential facility used for the 337
confinement of convicted felony offenders that is under the 338
control of the department of rehabilitation and correction but 339
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 340
(DD) "Prison term" includes any of the following sanctions 342
for an offender:
(1) A stated prison term; 344
(2) A term in a prison shortened by, or with the approval 347
of, the sentencing court pursuant to section 2929.20, 2967.26, 348
5120.031, 5120.032, or 5120.073 of the Revised Code; 349
(3) A term in prison extended by bad time imposed pursuant 352
to section 2967.11 of the Revised Code or imposed for a violation 353
of post-release control pursuant to section 2967.28 of the 354
Revised Code.
(EE) "Repeat violent offender" means a person about whom 357
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 360
9
to, and is being sentenced for committing, for complicity in 361
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 362
other than one set forth in Chapter 2925. of the Revised Code, a 364
felony of the first degree set forth in Chapter 2925. of the 365
Revised Code that involved an attempt to cause serious physical 366
harm to a person or that resulted in serious physical harm to a 367
person, or a felony of the second degree that involved an attempt 368
to cause serious physical harm to a person or that resulted in 370
serious physical harm to a person.
(2) Either of the following applies: 372
(a) The person previously was convicted of or pleaded 374
guilty to, and served a prison term for, any of the following: 375
(i) Aggravated murder, murder, involuntary manslaughter, 377
rape, felonious sexual penetration as it existed under section 379
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 380
death of a person or in physical harm to a person, or complicity 381
in or an attempt to commit any of those offenses; 382
(ii) An offense under an existing or former law of this 385
state, another state, or the United States that is or was 386
substantially equivalent to an offense listed under division 387
(EE)(2)(a)(i) of this section.
(b) The person previously was adjudicated a delinquent 389
child for committing an act that if committed by an adult would 390
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 392
this section, the person was committed to the department of youth 393
services for that delinquent act, and the juvenile court in which 394
the person was adjudicated a delinquent child made a specific 395
finding that the adjudication should be considered a conviction 397
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 398
(FF) "Sanction" means any penalty imposed upon an offender 401
who is convicted of or pleads guilty to an offense, as punishment 402
10
for the offense. "Sanction" includes any sanction imposed 403
pursuant to any provision of sections 2929.14 to 2929.18 of the 404
Revised Code.
(GG) "Sentence" means the sanction or combination of 407
sanctions imposed by the sentencing court on an offender who is 408
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 411
prison term, or combination of all prison terms and mandatory 412
prison terms imposed by the sentencing court pursuant to section 413
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 414
includes any credit received by the offender for time spent in 415
jail awaiting trial, sentencing, or transfer to prison for the 416
offense and any time spent under house arrest or electronically 417
monitored house arrest imposed after earning credits pursuant to 418
section 2967.193 of the Revised Code. 419
(II) "Victim-offender mediation" means a reconciliation or 422
mediation program that involves an offender and the victim of the 423
offense committed by the offender and that includes a meeting in 424
which the offender and the victim may discuss the offense, 425
discuss restitution, and consider other sanctions for the 426
offense.
(JJ) "Fourth degree felony OMVI offense" means a violation 429
of division (A) of section 4511.19 of the Revised Code that, 431
under section 4511.99 of the Revised Code, is a felony of the 433
fourth degree.
(KK) "Mandatory term of local incarceration" means the 436
term of sixty OR ONE HUNDRED TWENTY days in a jail, a 437
community-based correctional facility, a halfway house, or an 438
alternative residential facility that a sentencing court is 439
required to impose upon a person who is convicted of or pleads 440
guilty to a fourth degree felony OMVI offense pursuant to 441
division (G)(1) of section 2929.13 of the Revised Code and 442
division (A)(4) OR (8) of section 4511.99 of the Revised Code. 443
(LL) "Designated homicide, assault, or kidnapping 445
11
offense," "sexual motivation specification," "sexually violent 446
offense," "sexually violent predator," and "sexually violent 447
predator specification" have the same meanings as in section 448
2971.01 of the Revised Code.
(MM) "Habitual sex offender," "sexually oriented offense," 451
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 452
(NN) "THIRD DEGREE FELONY OMVI OFFENSE" MEANS A VIOLATION 455
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 456
THIRD DEGREE.
Sec. 2929.13. (A) Except as provided in division (E), 466
(F), or (G) of this section and unless a specific sanction is 467
required to be imposed or is precluded from being imposed 468
pursuant to law, a court that imposes a sentence upon an offender 469
for a felony may impose any sanction or combination of sanctions 470
on the offender that are provided in sections 2929.14 to 2929.18 471
of the Revised Code. The sentence shall not impose an 472
unnecessary burden on state or local government resources. 473
If the offender is eligible to be sentenced to community 475
control sanctions, the court shall consider the appropriateness 477
of imposing a financial sanction pursuant to section 2929.18 of 478
the Revised Code or a sanction of community service pursuant to 480
section 2929.17 of the Revised Code as the sole sanction for the 481
offense. Except as otherwise provided in this division, if the 482
court is required to impose a mandatory prison term for the 483
offense for which sentence is being imposed, the court also may 484
impose a financial sanction pursuant to section 2929.18 of the 485
Revised Code but may not impose any additional sanction or 486
combination of sanctions under section 2929.16 or 2929.17 of the 487
Revised Code. 488
If the offender is being sentenced for a fourth degree 490
felony OMVI offense OR FOR A THIRD DEGREE FELONY OMVI OFFENSE, in 492
addition to the mandatory term of local incarceration or the 493
12
mandatory prison term required for the offense by division (G)(1) 495
or (2) of this section, the court shall impose upon the offender 496
a mandatory fine in accordance with division (B)(3) of section 497
2929.18 of the Revised Code and may impose whichever of the 499
following is applicable:
(1) If FOR A FOURTH DEGREE FELONY OMVI OFFENSE FOR WHICH 501
SENTENCE IS IMPOSED UNDER division (G)(1) of this section 502
requires that the offender be sentenced to a mandatory term of 504
local incarceration, an additional community control sanction or 506
combination of community control sanctions under section 2929.16
or 2929.17 of the Revised Code; 508
(2) If FOR A THIRD DEGREE FELONY OMVI OFFENSE FOR WHICH 510
SENTENCE IS IMPOSED UNDER division (G)(2) of this section 511
requires that the offender be sentenced to a mandatory prison 513
term, an additional prison term as described in division (D)(4) 514
of section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 517
(G) of this section, in sentencing an offender for a felony of 518
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 520
(a) In committing the offense, the offender caused 522
physical harm to a person. 523
(b) In committing the offense, the offender attempted to 526
cause or made an actual threat of physical harm to a person with 527
a deadly weapon.
(c) In committing the offense, the offender attempted to 530
cause or made an actual threat of physical harm to a person, and 531
the offender previously was convicted of an offense that caused 532
physical harm to a person.
(d) The offender held a public office or position of trust 535
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 536
or to bring those committing it to justice; or the offender's 537
professional reputation or position facilitated the offense or 538
13
was likely to influence the future conduct of others. 539
(e) The offender committed the offense for hire or as part 541
of an organized criminal activity. 542
(f) The offense is a sex offense that is a fourth or fifth 545
degree felony violation of section 2907.03, 2907.04, 2907.05, 546
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 547
Revised Code.
(g) The offender previously served a prison term. 549
(h) The offender previously was subject to a community 551
control sanction, and the offender committed another offense 553
while under the sanction.
(2)(a) If the court makes a finding described in division 556
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 557
and if the court, after considering the factors set forth in 558
section 2929.12 of the Revised Code, finds that a prison term is 560
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 562
offender is not amenable to an available community control 563
sanction, the court shall impose a prison term upon the offender. 564
(b) Except as provided in division (E), (F), or (G) of 566
this section, if the court does not make a finding described in 568
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 569
section and if the court, after considering the factors set forth 570
in section 2929.12 of the Revised Code, finds that a community 572
control sanction or combination of community control sanctions is 574
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 577
impose a community control sanction or combination of community 578
control sanctions upon the offender. 579
(C) Except as provided in division (E) or (F) of this 582
section, in determining whether to impose a prison term as a 583
sanction for a felony of the third degree or a felony drug 584
offense that is a violation of a provision of Chapter 2925. of 586
the Revised Code and that is specified as being subject to this 589
14
division for purposes of sentencing, the sentencing court shall 590
comply with the purposes and principles of sentencing under 591
section 2929.11 of the Revised Code and with section 2929.12 of 594
the Revised Code.
(D) Except as provided in division (E) or (F) of this 597
section, for a felony of the first or second degree and for a 598
felony drug offense that is a violation of any provision of 599
Chapter 2925., 3719., or 4729. of the Revised Code for which a 600
presumption in favor of a prison term is specified as being 601
applicable, it is presumed that a prison term is necessary in 602
order to comply with the purposes and principles of sentencing 603
under section 2929.11 of the Revised Code. Notwithstanding the 604
presumption established under this division, the sentencing court 605
may impose a community control sanction or a combination of 606
community control sanctions instead of a prison term on an 607
offender for a felony of the first or second degree or for a 608
felony drug offense that is a violation of any provision of 609
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 610
applicable if it makes both of the following findings: 612
(1) A community control sanction or a combination of 614
community control sanctions would adequately punish the offender 616
and protect the public from future crime, because the applicable 617
factors under section 2929.12 of the Revised Code indicating a 619
lesser likelihood of recidivism outweigh the applicable factors 621
under that section indicating a greater likelihood of recidivism. 623
(2) A community control sanction or a combination of 625
community control sanctions would not demean the seriousness of 627
the offense, because one or more factors under section 2929.12 of 628
the Revised Code that indicate that the offender's conduct was 629
less serious than conduct normally constituting the offense are 630
applicable, and they outweigh the applicable factors under that 631
section that indicate that the offender's conduct was more 632
serious than conduct normally constituting the offense. 633
15
(E)(1) Except as provided in division (F) of this section, 636
for any drug offense that is a violation of any provision of 637
Chapter 2925. of the Revised Code and that is a felony of the 638
third, fourth, or fifth degree, the applicability of a 639
presumption under division (D) of this section in favor of a 640
prison term or of division (B) or (C) of this section in 641
determining whether to impose a prison term for the offense shall 643
be determined as specified in section 2925.02, 2925.03, 2925.04, 644
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 645
2925.36, or 2925.37 of the Revised Code, whichever is applicable 648
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 650
to a felony drug offense in violation of a provision of Chapter 651
2925., 3719., or 4729. of the Revised Code violates the 652
conditions of a community control sanction imposed for the 653
offense solely by possessing or using a controlled substance and 655
if the offender has not failed to meet the conditions of any drug 656
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 657
punishment for the violation of the sanction, shall order that 658
the offender participate in a drug treatment program or in 659
alcoholics anonymous, narcotics anonymous, or a similar program 660
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 661
forth in section 2929.11 of the Revised Code. If the court 662
determines that an order of that nature would not be consistent 663
with those purposes and principles or if the offender violated 664
the conditions of a drug treatment program in which the offender 665
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 666
sanction, including a prison term. 667
(F) Notwithstanding divisions (A) to (E) of this section, 670
the court shall impose a prison term or terms under sections 671
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 672
16
Revised Code and except as specifically provided in section 673
2929.20 of the Revised Code or when parole is authorized for the 674
offense under section 2967.13 of the Revised Code, shall not 675
reduce the terms pursuant to section 2929.20, section 2967.193, 676
or any other provision of Chapter 2967. or Chapter 5120. of the 678
Revised Code for any of the following offenses: 679
(1) Aggravated murder when death is not imposed or murder; 681
(2) Any rape, regardless of whether force was involved and 683
regardless of the age of the victim, or an attempt to commit rape 684
by force when the victim is under thirteen years of age; 687
(3) Gross sexual imposition or sexual battery, if the 689
victim is under thirteen years of age, if the offender previously 691
was convicted of or pleaded guilty to rape, the former offense of 692
felonious sexual penetration, gross sexual imposition, or sexual 693
battery, and if the victim of the previous offense was under 695
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 698
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 699
(5) A first, second, or third degree felony drug offense 702
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 703
4729.99 of the Revised Code, whichever is applicable regarding 705
the violation, requires the imposition of a mandatory prison 706
term;
(6) Any offense that is a first or second degree felony 708
and that is not set forth in division (F)(1), (2), (3), or (4) of 710
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 712
degree felony, or an offense under an existing or former law of 713
this state, another state, or the United States that is or was 714
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 716
of the Revised Code, that is a felony, if the offender had a 717
17
firearm on or about the offender's person or under the offender's 718
control while committing the felony, with respect to a portion of 719
the sentence imposed pursuant to division (D)(1)(a) of section 721
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 723
the Revised Code when the most serious offense in the pattern of 725
corrupt activity that is the basis of the offense is a felony of 726
the first degree;
(9) Any sexually violent offense for which the offender 728
also is convicted of or pleads guilty to a sexually violent 729
predator specification that was included in the indictment, count 730
in the indictment, or information charging the sexually violent 731
offense;
(10) A violation of division (A)(1) or (2) of section 733
2921.36 of the Revised Code, or a violation of division (C) of 734
that section involving an item listed in division (A)(1) or (2) 735
of that section, if the offender is an officer or employee of the 736
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 739
if an offender is being sentenced for a fourth degree felony OMVI 740
offense OR FOR A THIRD DEGREE FELONY OMVI OFFENSE, the court 741
shall impose upon the offender a mandatory term of local 742
incarceration or a mandatory prison term in accordance with the
following: 743
(1) Except as provided in division (G)(2) of this section 745
IF THE OFFENDER IS BEING SENTENCED FOR A FOURTH DEGREE FELONY 746
OMVI OFFENSE, the court shall impose upon the offender a 748
mandatory term of local incarceration of sixty days as specified 749
in division (A)(4) of section 4511.99 of the Revised Code and OR 750
A MANDATORY TERM OF LOCAL INCARCERATION OF ONE HUNDRED TWENTY 751
DAYS AS SPECIFIED IN DIVISION (A)(8) OF THAT SECTION. THE COURT 752
shall not reduce the term pursuant to section 2929.20, 2967.193, 753
or any other provision of the Revised Code. The court that 754
imposes a mandatory term of local incarceration under this 755
18
division shall specify whether the term is to be served in a
jail, a community-based correctional facility, a halfway house, 757
or an alternative residential facility, and the offender shall 758
serve the term in the type of facility specified by the court. 759
The court shall not sentence the offender to a prison term and
shall not specify that the offender is to serve the mandatory 760
term of local incarceration in prison. A mandatory term of local 761
incarceration imposed under division (G)(1) of this section is 762
not subject to extension under section 2967.11 of the Revised 763
Code, to a period of post-release control under section 2967.28 764
of the Revised Code, or to any other Revised Code provision that 765
pertains to a prison term.
(2) If the offender previously has been sentenced to a 767
mandatory term of local incarceration pursuant to division (G)(1) 768
of this section for a fourth IS BEING SENTENCED FOR A THIRD 769
degree felony OMVI offense, the court shall impose upon the 770
offender a mandatory prison term of sixty days as specified in 771
division (A)(4) of section 4511.99 of the Revised Code and OR A 772
MANDATORY PRISON TERM OF ONE HUNDRED TWENTY DAYS AS SPECIFIED IN 774
DIVISION (A)(8) OF THAT SECTION. THE COURT shall not reduce the 775
term pursuant to section 2929.20, 2967.193, or any other 777
provision of the Revised Code. In no case shall an offender who 778
once has been sentenced to a mandatory term of local 779
incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense be sentenced to another 780
mandatory term of local incarceration under that division for a 781
fourth degree felony OMVI offense ANY VIOLATION OF DIVISION (A) 782
OF SECTION 4511.19 OF THE REVISED CODE. The court shall not 783
sentence the offender to a community control sanction under 784
section 2929.16 or 2929.17 of the Revised Code. The department 785
of rehabilitation and correction may place an offender sentenced 786
to a mandatory prison term under this division in an intensive
program prison established pursuant to section 5120.033 of the 787
Revised Code if the department gave the sentencing judge prior 788
19
notice of its intent to place the offender in an intensive 789
program prison established under that section and if the judge 790
did not notify the department that the judge disapproved the 791
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 792
that is privately operated and managed by a contractor pursuant 794
to a contract entered into under section 9.06 of the Revised 795
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 797
make a reasonable effort to ensure that a sufficient number of 798
offenders sentenced to a mandatory prison term under this 799
division are placed in the privately operated and managed prison 800
so that the privately operated and managed prison has full 801
occupancy.
(b) Unless the privately operated and managed prison has 803
full occupancy, the department of rehabilitation and correction 804
shall not place any offender sentenced to a mandatory prison term 805
under this division in any intensive program prison established 806
pursuant to section 5120.033 of the Revised Code other than the 808
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 811
oriented offense committed on or after January 1, 1997, the judge 812
shall require the offender to submit to a DNA specimen collection 814
procedure pursuant to section 2901.07 of the Revised Code if 816
either of the following applies:
(1) The offense was a sexually violent offense, and the 818
offender also was convicted of or pleaded guilty to a sexually 819
violent predator specification that was included in the 820
indictment, count in the indictment, or information charging the 821
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 823
offense determines pursuant to division (B) of section 2950.09 of 824
the Revised Code that the offender is a sexual predator. 825
(I) If an offender is being sentenced for a sexually 828
20
oriented offense committed on or after January 1, 1997, the judge 829
shall include in the sentence a summary of the offender's duty to 831
register pursuant to section 2950.04 of the Revised Code, the 832
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 833
section 2950.05 of the Revised Code, the offender's duty to 834
periodically verify the offender's current residence address 835
pursuant to section 2950.06 of the Revised Code, and the duration 836
of the duties. The judge shall inform the offender, at the time 837
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 839
Code, shall perform the duties specified in that section. 840
Sec. 2929.14. (A) Except as provided in division (C), 850
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 851
relation to an offense for which a sentence of death or life 852
imprisonment is to be imposed, if the court imposing a sentence 853
upon an offender for a felony elects or is required to impose a 854
prison term on the offender pursuant to this chapter and is not 855
prohibited by division (G)(1) of section 2929.13 of the Revised 856
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 858
(1) For a felony of the first degree, the prison term 860
shall be three, four, five, six, seven, eight, nine, or ten 861
years. 862
(2) For a felony of the second degree, the prison term 864
shall be two, three, four, five, six, seven, or eight years. 865
(3) For a felony of the third degree, the prison term 867
shall be one, two, three, four, or five years. 868
(4) For a felony of the fourth degree, the prison term 870
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 871
fourteen, fifteen, sixteen, seventeen, or eighteen months. 872
(5) For a felony of the fifth degree, the prison term 874
shall be six, seven, eight, nine, ten, eleven, or twelve months. 876
(B) Except as provided in division (C), (D)(2), (D)(3), or 879
21
(G) of this section, in section 2907.02 of the Revised Code, or 880
in Chapter 2925. of the Revised Code, if the court imposing a 882
sentence upon an offender for a felony elects or is required to 883
impose a prison term on the offender and if the offender 884
previously has not served a prison term, the court shall impose 885
the shortest prison term authorized for the offense pursuant to 886
division (A) of this section, unless the court finds on the 887
record that the shortest prison term will demean the seriousness 888
of the offender's conduct or will not adequately protect the 889
public from future crime by the offender or others. 890
(C) Except as provided in division (G) of this section or 892
in Chapter 2925. of the Revised Code, the court imposing a 893
sentence upon an offender for a felony may impose the longest 894
prison term authorized for the offense pursuant to division (A) 895
of this section only upon offenders who committed the worst forms 896
of the offense, upon offenders who pose the greatest likelihood 897
of committing future crimes, upon certain major drug offenders 898
under division (D)(3) of this section, and upon certain repeat 899
violent offenders in accordance with division (D)(2) of this 901
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 903
this section, if an offender who is convicted of or pleads guilty 904
to a felony also is convicted of or pleads guilty to a 905
specification of the type described in section 2941.144 of the 906
Revised Code that charges the offender with having a firearm that 908
is an automatic firearm or that was equipped with a firearm 909
muffler or silencer on or about the offender's person or under 911
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 912
Revised Code that charges the offender with having a firearm on 913
or about the offender's person or under the offender's control 914
while committing the offense and displaying the firearm, 916
brandishing the firearm, indicating that the offender possessed 917
the firearm, or using it to facilitate the offense, or a 919
22
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 921
or about the offender's person or under the offender's control 922
while committing the felony, the court, after imposing a prison 923
term on the offender for the felony under division (A), (D)(2), 925
or (D)(3) of this section, shall impose an additional prison 926
term, determined pursuant to this division, that shall not be 927
reduced pursuant to section 2929.20, section 2967.193, or any 928
other provision of Chapter 2967. or Chapter 5120. of the Revised 929
Code. If the specification is of the type described in section 931
2941.144 of the Revised Code, the additional prison term shall be 932
six years. If the specification is of the type described in 934
section 2941.145 of the Revised Code, the additional prison term 936
shall be three years. If the specification is of the type 937
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 939
than one additional prison term on an offender under this 940
division for felonies committed as part of the same act or 941
transaction. If a court imposes an additional prison term under 942
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 943
division.
(ii) Except as provided in division (D)(1)(b) of this 946
section, if an offender who is convicted of or pleads guilty to a 947
violation of section 2923.161 of the Revised Code or to a felony 949
that includes, as an essential element, purposely or knowingly 950
causing or attempting to cause the death of or physical harm to 951
another, also is convicted of or pleads guilty to a specification 952
of the type described in section 2941.146 of the Revised Code 955
that charges the offender with committing the offense by 956
discharging a firearm from a motor vehicle, as defined in section 957
4501.01 of the Revised Code, other than a manufactured home, as 960
defined in section 4501.01 of the Revised Code, the court, after 962
imposing a prison term on the offender for the violation of 963
23
section 2923.161 of the Revised Code or for the other felony 965
offense under division (A), (D)(2), or (D)(3) of this section, 966
shall impose an additional prison term of five years upon the 967
offender that shall not be reduced pursuant to section 2929.20, 968
section 2967.193, or any other provision of Chapter 2967. or 969
Chapter 5120. of the Revised Code. A court shall not impose more 971
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 973
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 974
also shall impose an additional prison term under division 975
(D)(1)(a)(i) of this section relative to the same offense, 976
provided the criteria specified in that division for imposing an 977
additional prison term are satisfied relative to the offender and 978
the offense.
(b) The court shall not impose any of the additional 980
prison terms described in division (D)(1)(a) of this section upon 983
an offender for a violation of section 2923.12 or 2923.123 of the 984
Revised Code. The court shall not impose any of the additional 985
prison terms described in that division upon an offender for a 986
violation of section 2923.13 of the Revised Code unless all of 987
the following apply:
(i) The offender previously has been convicted of 990
aggravated murder, murder, or any felony of the first or second 991
degree.
(ii) Less than five years have passed since the offender 994
was released from prison or post-release control, whichever is 995
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 998
to a felony also is convicted of or pleads guilty to a 999
specification of the type described in section 2941.149 of the 1,000
Revised Code that the offender is a repeat violent offender, the 1,002
court shall impose a prison term from the range of terms 1,003
authorized for the offense under division (A) of this section 1,004
24
that may be the longest term in the range and that shall not be 1,005
reduced pursuant to section 2929.20, section 2967.193, or any 1,007
other provision of Chapter 2967. or Chapter 5120. of the Revised 1,008
Code. If the court finds that the repeat violent offender, in 1,010
committing the offense, caused any physical harm that carried a 1,011
substantial risk of death to a person or that involved 1,012
substantial permanent incapacity or substantial permanent 1,013
disfigurement of a person, the court shall impose the longest 1,014
prison term from the range of terms authorized for the offense 1,016
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 1,019
violent offender imposes the longest prison term from the range 1,020
of terms authorized for the offense under division (A) of this 1,021
section, the court may impose on the offender an additional 1,022
definite prison term of one, two, three, four, five, six, seven, 1,023
eight, nine, or ten years if the court finds that both of the 1,024
following apply with respect to the prison terms imposed on the 1,025
offender pursuant to division (D)(2)(a) of this section and, if 1,026
applicable, divisions (D)(1) and (3) of this section: 1,027
(i) The terms so imposed are inadequate to punish the 1,030
offender and protect the public from future crime, because the 1,031
applicable factors under section 2929.12 of the Revised Code 1,034
indicating a greater likelihood of recidivism outweigh the 1,036
applicable factors under that section indicating a lesser
likelihood of recidivism. 1,037
(ii) The terms so imposed are demeaning to the seriousness 1,040
of the offense, because one or more of the factors under section 1,041
2929.12 of the Revised Code indicating that the offender's 1,042
conduct is more serious than conduct normally constituting the 1,043
offense are present, and they outweigh the applicable factors 1,044
under that section indicating that the offender's conduct is less 1,046
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 1,049
section 2903.01 or 2907.02 of the Revised Code and the penalty 1,050
25
imposed for the violation is life imprisonment or commits a 1,051
violation of section 2903.02 of the Revised Code, if the offender 1,052
commits a violation of section 2925.03, 2925.04, or 2925.11 of 1,053
the Revised Code and that section requires the imposition of a 1,055
ten-year prison term on the offender or if a court imposing a 1,056
sentence upon an offender for a felony finds that the offender is 1,057
guilty of a specification of the type described in section 1,058
2941.1410 of the Revised Code, that the offender is a major drug 1,059
offender, is guilty of corrupt activity with the most serious 1,060
offense in the pattern of corrupt activity being a felony of the 1,061
first degree, or is guilty of an attempted forcible violation of 1,062
section 2907.02 of the Revised Code with the victim being under 1,063
thirteen years of age and that attempted violation is the felony 1,064
for which sentence is being imposed, the court shall impose upon 1,065
the offender for the felony violation a ten-year prison term that 1,066
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 1,068
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 1,071
division (D)(3)(a) of this section may impose an additional 1,072
prison term of one, two, three, four, five, six, seven, eight, 1,073
nine, or ten years, if the court, with respect to the term 1,074
imposed under division (D)(3)(a) of this section and, if 1,075
applicable, divisions (D)(1) and (2) of this section, makes both 1,077
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 1,078
this section.
(4) If the offender is being sentenced for a fourth THIRD 1,080
degree felony OMVI offense and if UNDER division (G)(2) of 1,083
section 2929.13 of the Revised Code requires the sentencing court 1,085
to impose upon the offender a mandatory prison term, the 1,086
sentencing court shall impose upon the offender a mandatory 1,087
prison term in accordance with that division. In addition to the 1,088
mandatory prison term, the sentencing court may sentence the 1,089
offender to an additional prison term of any duration specified 1,090
in division (A)(4)(3) of this section minus the sixty days 1,091
26
imposed upon the offender as the mandatory prison term. The 1,092
total of the additional prison term imposed under division (D)(4) 1,093
of this section plus the sixty days imposed as the mandatory 1,094
prison term shall equal one of the authorized prison terms 1,095
specified in division (A)(4)(3) of this section. If the court 1,097
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term 1,098
after the offender has served the mandatory prison term required 1,099
for the offense. The court shall not sentence the offender to a 1,100
community control sanction under section 2929.16 or 2929.17 of 1,101
the Revised Code.
(E)(1) If a mandatory prison term is imposed upon an 1,104
offender pursuant to division (D)(1)(a) of this section for 1,105
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 1,107
prison term is imposed upon an offender pursuant to division 1,108
(D)(1)(b) of this section for committing a felony specified in 1,109
that division by discharging a firearm from a motor vehicle, the 1,110
offender shall serve the mandatory prison term consecutively to 1,111
and prior to the prison term imposed for the underlying felony 1,112
pursuant to division (A), (D)(2), or (D)(3) of this section or 1,113
any other section of the Revised Code and consecutively to any 1,114
other prison term or mandatory prison term previously or 1,116
subsequently imposed upon the offender. 1,117
(2) If an offender who is an inmate in a jail, prison, or 1,120
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1,122
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 1,123
offender who is an inmate in a jail, prison, or other residential 1,124
detention facility or is under detention at a detention facility 1,125
commits another felony while the offender is an escapee in 1,127
violation of section 2921.34 of the Revised Code, any prison term 1,129
imposed upon the offender for one of those violations shall be 1,130
27
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 1,132
committed that offense and to any other prison term previously or 1,133
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 1,134
meanings as in section 2921.01 of the Revised Code. 1,135
(3) If a prison term is imposed for a violation of 1,137
division (B) of section 2911.01 of the Revised Code, the offender 1,139
shall serve that prison term consecutively to any other prison 1,140
term.
(4) If multiple prison terms are imposed on an offender 1,142
for convictions of multiple offenses, the court may require the 1,143
offender to serve the prison terms consecutively if the court 1,144
finds that the consecutive service is necessary to protect the 1,145
public from future crime or to punish the offender and that 1,146
consecutive sentences are not disproportionate to the seriousness 1,147
of the offender's conduct and to the danger the offender poses to 1,149
the public, and if the court also finds any of the following: 1,150
(a) The offender committed the multiple offenses while the 1,153
offender was awaiting trial or sentencing, was under a sanction 1,154
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 1,155
Revised Code, or was under post-release control for a prior 1,156
offense.
(b) The harm caused by the multiple offenses was so great 1,159
or unusual that no single prison term for any of the offenses 1,160
committed as part of a single course of conduct adequately 1,161
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 1,163
demonstrates that consecutive sentences are necessary to protect 1,164
the public from future crime by the offender. 1,165
(5) When consecutive prison terms are imposed pursuant to 1,168
division (E)(1), (2), (3), or (4) of this section, the term to be 1,169
served is the aggregate of all of the terms so imposed. 1,170
(F) If a court imposes a prison term of a type described 1,173
28
in division (B) of section 2967.28 of the Revised Code, it shall 1,174
include in the sentence a requirement that the offender be 1,175
subject to a period of post-release control after the offender's 1,176
release from imprisonment, in accordance with that division. If 1,177
a court imposes a prison term of a type described in division (C) 1,178
of that section, it shall include in the sentence a requirement 1,179
that the offender be subject to a period of post-release control 1,180
after the offender's release from imprisonment, in accordance 1,181
with that division, if the parole board determines that a period 1,182
of post-release control is necessary. 1,183
(G) If a person is convicted of or pleads guilty to a 1,185
sexually violent offense and also is convicted of or pleads 1,186
guilty to a sexually violent predator specification that was 1,187
included in the indictment, count in the indictment, or 1,188
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 1,189
the Revised Code, and Chapter 2971. of the Revised Code applies 1,190
regarding the prison term or term of life imprisonment without 1,191
parole imposed upon the offender and the service of that term of 1,192
imprisonment.
(H) If a person who has been convicted of or pleaded 1,194
guilty to a felony is sentenced to a prison term or term of 1,195
imprisonment under this section, sections 2929.02 to 2929.06 of 1,196
the Revised Code, section 2971.03 of the Revised Code, or any 1,197
other provision of law, section 5120.163 of the Revised Code 1,198
applies regarding the person while the person is confined in a
state correctional institution. 1,199
(I) If an offender who is convicted of or pleads guilty to 1,201
a felony that is an offense of violence also is convicted of or 1,203
pleads guilty to a specification of the type described in section 1,204
2941.142 of the Revised Code that charges the offender with 1,205
having committed the felony while participating in a criminal 1,206
gang, the court shall impose upon the offender an additional 1,208
prison term of one, two, or three years.
29
Sec. 2929.15. (A)(1) If in sentencing an offender for a 1,218
felony the court is not required to impose a prison term, a 1,219
mandatory prison term, or a term of life imprisonment upon the 1,220
offender, the court may directly impose a sentence community 1,221
control that consists of one or more community control sanctions 1,222
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 1,223
the Revised Code. If the court is sentencing an offender for a 1,224
fourth degree felony OMVI offense and if it is required to impose 1,225
on the offender a mandatory term of local incarceration pursuant 1,226
to UNDER division (G)(1) of section 2929.13 of the Revised Code, 1,228
in addition to the mandatory term of local incarceration IMPOSED 1,229
UNDER THAT DIVISION and the mandatory fine required by division 1,231
(B)(3) of section 2929.18 of the Revised Code, the court may 1,232
impose upon the offender a community control sanction or 1,233
combination of community control sanctions in accordance with 1,234
sections 2929.16 and 2929.17 of the Revised Code. The duration 1,235
of all community control sanctions so imposed imposed upon an 1,236
offender UNDER THIS DIVISION shall not exceed five years. If the 1,238
court sentences the offender to one or more nonresidential
sanctions under section 2929.17 of the Revised Code, the court 1,239
shall comply with division (C)(1)(b) of section 2951.02 of the 1,240
Revised Code and impose the mandatory condition described in that 1,241
division. The court may impose any other conditions of release 1,242
under a community control sanction that the court considers 1,243
appropriate. If the court is sentencing an offender for a fourth 1,244
THIRD degree felony OMVI offense and if it is required to impose 1,246
on the offender a mandatory prison term pursuant to UNDER 1,247
division (G)(2) of section 2929.13 of the Revised Code, the court 1,249
shall not impose upon the offender any community control sanction
or combination of community control sanctions under section 1,250
2929.16 or 2929.17 of the Revised Code. 1,251
(2)(a) If a court sentences an offender to any community 1,253
control sanction or combination of community control sanctions 1,254
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 1,255
30
the Revised Code, the court shall place the offender under the 1,256
general control and supervision of a department of probation in 1,257
the county that serves the court for purposes of reporting to the 1,258
court a violation of any of the sanctions or the mandatory 1,259
condition imposed under division (C)(1)(b) of section 2951.02 of 1,260
the Revised Code. Alternatively, if the offender resides in 1,261
another county and a county department of probation has been 1,262
established in that county or that county is served by a 1,263
multicounty probation department established under section 1,264
2301.27 of the Revised Code, the court may request the court of 1,266
common pleas of that county to receive the offender into the
general control and supervision of that county or multicounty 1,268
department of probation for purposes of reporting to the court a 1,269
violation of any of the sanctions, or the mandatory condition 1,270
imposed under division (C)(1)(b) of section 2951.02 of the 1,271
Revised Code, subject to the jurisdiction of the trial judge over 1,272
and with respect to the person of the offender, and to the rules 1,273
governing that department of probation. 1,274
If there is no department of probation in the county that 1,277
serves the court, the court shall place the offender, regardless 1,278
of the offender's county of residence, under the general control 1,279
and supervision of the adult parole authority for purposes of 1,280
reporting to the court a violation of any of the sanctions or the
mandatory condition imposed under division (C)(1)(b) of section 1,281
2951.02 of the Revised Code. 1,282
(b) If the court imposing sentence upon an offender 1,284
sentences the offender to any community control sanction or 1,285
combination of community control sanctions authorized pursuant to 1,287
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 1,288
the offender violates any of the sanctions or the mandatory 1,289
condition imposed under division (C)(1)(b) of section 2951.02 of 1,290
the Revised Code, the public or private person or entity that 1,292
operates or administers the sanction or the program or activity 1,293
that comprises the sanction shall report the violation directly 1,294
31
to the sentencing court, or shall report the violation to the 1,295
county or multicounty department of probation with general 1,296
control and supervision over the offender under division 1,297
(A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with 1,298
general control and supervision over the offender under that 1,299
division, to the adult parole authority. If the public or 1,300
private person or entity that operates or administers the 1,301
sanction or the program or activity that comprises the sanction 1,302
reports the violation to the county or multicounty department of 1,303
probation or the adult parole authority, the department's or 1,304
authority's officers may treat the offender as if the offender 1,305
were on probation and in violation of the probation, and shall 1,306
report the violation of the sanction or the mandatory condition 1,307
imposed under division (C)(1)(b) of section 2951.02 of the 1,308
Revised Code to the sentencing court.
(B) If the conditions of a community control sanction or 1,311
the mandatory condition imposed under division (C)(1)(b) of
section 2951.02 of the Revised Code is violated, the sentencing 1,312
court may impose a longer time under the same sanction if the 1,313
total time under the sanctions does not exceed the five-year 1,314
limit specified in division (A) of this section, may impose a 1,315
more restrictive sanction under section 2929.16, 2929.17, or 1,316
2929.18 of the Revised Code, or may impose a prison term on the 1,317
offender pursuant to section 2929.14 of the Revised Code. The 1,318
court shall not eliminate the mandatory condition imposed under 1,319
division (C)(1)(b) of section 2951.02 of the Revised Code. The 1,320
prison term, if any, imposed upon a violator pursuant to this 1,321
division shall be within the range of prison terms available for 1,322
the offense for which the sanction that was violated was imposed 1,323
and shall not exceed the prison term specified in the notice 1,324
provided to the offender at the sentencing hearing pursuant to 1,325
division (B)(3) of section 2929.19 of the Revised Code. The 1,327
court may reduce the longer period of time that the offender is 1,328
32
required to spend under the longer sanction, the more restrictive 1,329
sanction, or a prison term imposed pursuant to this division by 1,330
the time the offender successfully spent under the sanction that 1,331
was initially imposed.
(C) If an offender, for a significant period of time, 1,334
fulfills the conditions of a sanction imposed pursuant to section 1,335
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 1,336
manner, the court may reduce the period of time under the 1,337
sanction or impose a less restrictive sanction, but the court 1,338
shall not eliminate the mandatory condition imposed under 1,339
division (C)(1)(b) of section 2951.02 of the Revised Code.
Sec. 2929.16. (A) The court imposing a sentence for a 1,349
felony upon an offender who is not required to serve a mandatory 1,350
prison term may impose any community residential sanction or 1,351
combination of community residential sanctions under this 1,352
section. The court imposing a sentence for a fourth degree
felony OMVI offense upon an offender who is required to serve a 1,354
mandatory term of local incarceration pursuant to UNDER division 1,355
(G)(1) of section 2929.13 of the Revised Code may impose upon the 1,356
offender, in addition to the mandatory term of local 1,358
incarceration IMPOSED UNDER THAT DIVISION, a community 1,359
residential sanction or combination of community residential 1,361
sanctions under this section, and the offender shall serve or 1,362
satisfy the sanction or combination of sanctions after the
offender has served the mandatory term of local incarceration 1,363
required for the offense. Community residential sanctions 1,364
include, but are not limited to, the following: 1,365
(1) A term of up to six months at a community-based 1,367
correctional facility that serves the county; 1,368
(2) Except as otherwise provided in division (A)(3) of 1,370
this section and subject to division (D) of this section, a term 1,372
of up to six months in a jail;
(3) If the offender is convicted of a fourth degree felony 1,374
OMVI offense and is sentenced pursuant to UNDER division (G)(1) 1,375
33
of section 2929.13 of the Revised Code, subject to division (D) 1,377
of this section, a term of up to one year in a jail less the 1,378
mandatory term of local incarceration of sixty OR ONE HUNDRED 1,380
TWENTY consecutive days of imprisonment imposed pursuant to that 1,382
division;
(4) A term in a halfway house; 1,384
(5) A term in an alternative residential facility. 1,386
(B) The court that assigns any offender convicted of a 1,389
felony to a residential sanction under this section may authorize 1,390
the offender to be released so that the offender may seek or 1,391
maintain employment, receive education or training, or receive 1,392
treatment. A release pursuant to this division shall be only for 1,393
the duration of time that is needed to fulfill the purpose of the 1,394
release and for travel that reasonably is necessary to fulfill 1,395
the purposes of the release.
(C) If the court assigns an offender to a county jail that 1,398
is not a minimum security misdemeanant jail in a county that has 1,399
established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of 1,400
the sentence, whether the sheriff of that county may consider the 1,401
offender for participation in the county jail industry program. 1,403
During the offender's term in the county jail, the court shall 1,404
retain jurisdiction to modify its specification upon a 1,405
reassessment of the offender's qualifications for participation
in the program. 1,406
(D) If a court sentences an offender to a term in jail 1,409
under division (A)(2) or (3) of this section and if the sentence 1,411
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 1,412
that the offender serve the term in a minimum security jail 1,413
established under section 341.34 or 753.21 of the Revised Code. 1,414
If the court includes a specification of that type in the 1,416
sentence and if the administrator of the appropriate minimum 1,417
security jail or the designee of that administrator classifies 1,418
34
the offender in accordance with section 341.34 or 753.21 of the
Revised Code as a minimal security risk, the offender shall serve 1,420
the term in the minimum security jail established under section 1,421
341.34 or 753.21 of the Revised Code. Absent a specification of 1,423
that type and a finding of that type, the offender shall serve 1,424
the term in a jail other than a minimum security jail established
under section 341.34 or 753.21 of the Revised Code. 1,425
(E) If a person who has been convicted of or pleaded 1,427
guilty to a felony is sentenced to a community residential 1,428
sanction as described in division (A) of this section, at the 1,429
time of reception and at other times the person in charge of the 1,430
operation of the community-based correctional facility, jail, 1,431
halfway house, alternative residential facility, or other place 1,432
at which the offender will serve the residential sanction
determines to be appropriate, the person in charge of the 1,433
operation of the community-based correctional facility, jail, 1,434
halfway house, alternative residential facility, or other place 1,435
may cause the convicted offender to be examined and tested for 1,436
tuberculosis, HIV infection, hepatitis, including but not limited 1,437
to hepatitis A, B, and C, and other contagious diseases. The 1,439
person in charge of the operation of the community-based 1,440
correctional facility, jail, halfway house, alternative
residential facility, or other place at which the offender will 1,441
serve the residential sanction may cause a convicted offender in 1,442
the community-based correctional facility, jail, halfway house, 1,443
alternative residential facility, or other place who refuses to 1,444
be tested or treated for tuberculosis, HIV infection, hepatitis, 1,445
including but not limited to hepatitis A, B, and C, or another 1,446
contagious disease to be tested and treated involuntarily. 1,448
Sec. 2929.17. The court imposing a sentence for a felony 1,458
upon an offender who is not required to serve a mandatory prison 1,459
term may impose any nonresidential sanction or combination of 1,460
nonresidential sanctions authorized under this section. If the 1,461
court imposes one or more nonresidential sanctions authorized
35
under this section, the court shall comply with division 1,462
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 1,463
mandatory condition described in that division. The court 1,464
imposing a sentence for a fourth degree felony OMVI offense upon 1,465
an offender who is required to serve a mandatory term of local 1,466
incarceration under division (G)(1) of section 2929.13 of the 1,467
Revised Code may impose upon the offender, in addition to the 1,468
mandatory term of local incarceration IMPOSED UNDER THAT 1,469
DIVISION, a nonresidential sanction or combination of 1,470
nonresidential sanctions under this section, and the offender 1,471
shall serve or satisfy the sanction or combination of sanctions
after the offender has served the mandatory term of local 1,472
incarceration required for the offense. Nonresidential sanctions 1,473
include, but are not limited to, the following: 1,474
(A) A term of day reporting; 1,476
(B) A term of electronically monitored house arrest, a 1,478
term of electronic monitoring without house arrest, or a term of 1,479
house arrest without electronic monitoring; 1,480
(C) A term of community service of up to five hundred 1,482
hours pursuant to division (F) of section 2951.02 of the Revised 1,484
Code or, if the court determines that the offender is financially 1,485
incapable of fulfilling a financial sanction described in section 1,486
2929.18 of the Revised Code, a term of community service as an 1,487
alternative to a financial sanction; 1,488
(D) A term in a drug treatment program with a level of 1,490
security for the offender as determined necessary by the court; 1,491
(E) A term of intensive supervision; 1,493
(F) A term of basic supervision; 1,495
(G) A term of monitored time; 1,497
(H) A term of drug and alcohol use monitoring; 1,499
(I) A curfew term; 1,501
(J) A requirement that the offender obtain employment; 1,503
(K) A requirement that the offender obtain education or 1,506
training;
36
(L) Provided the court obtains the prior approval of the 1,508
victim, a requirement that the offender participate in 1,509
victim-offender mediation; 1,510
(M) A license violation report. 1,512
Sec. 2929.18. (A) Except as otherwise provided in this 1,521
division and in addition to imposing court costs pursuant to 1,522
section 2947.23 of the Revised Code, the court imposing a 1,523
sentence upon an offender for a felony may sentence the offender 1,524
to any financial sanction or combination of financial sanctions 1,526
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 1,527
offender a fine in accordance with that section. If the offender 1,528
is sentenced to a sanction of confinement pursuant to section 1,529
2929.14 or 2929.16 of the Revised Code that is to be served in a 1,530
facility operated by a board of county commissioners, a 1,531
legislative authority of a municipal corporation, or another 1,532
governmental entity, the court imposing sentence upon an offender 1,533
for a felony shall comply with division (A)(4)(b) of this section 1,534
in determining whether to sentence the offender to a financial 1,535
sanction described in division (A)(4)(a) of this section. 1,536
Financial sanctions that may be imposed pursuant to this section 1,537
include, but are not limited to, the following: 1,538
(1) Restitution by the offender to the victim of the 1,540
offender's crime or any survivor of the victim, in an amount 1,541
based on the victim's economic loss. The court shall order that 1,542
the restitution be made to the adult probation department that 1,543
serves the county on behalf of the victim, to the clerk of 1,544
courts, or to another agency designated by the court, except that 1,545
it may include a requirement that reimbursement be made to third 1,546
parties for amounts paid to or on behalf of the victim or any 1,547
survivor of the victim for economic loss resulting from the 1,548
offense. If reimbursement to third parties is required, the 1,549
reimbursement shall be made to any governmental agency to repay 1,550
any amounts paid by the agency to or on behalf of the victim or 1,551
37
any survivor of the victim for economic loss resulting from the 1,552
offense before any reimbursement is made to any person other than 1,553
a governmental agency. If no governmental agency incurred 1,554
expenses for economic loss of the victim or any survivor of the 1,555
victim resulting from the offense, the reimbursement shall be 1,556
made to any person other than a governmental agency to repay 1,557
amounts paid by that person to or on behalf of the victim or any 1,558
survivor of the victim for economic loss of the victim resulting 1,560
from the offense. The court shall not require an offender to 1,561
repay an insurance company for any amounts the company paid on 1,562
behalf of the offender pursuant to a policy of insurance. At 1,563
sentencing, the court shall determine the amount of restitution 1,565
to be made by the offender. All restitution payments shall be 1,566
credited against any recovery of economic loss in a civil action 1,567
brought by the victim or any survivor of the victim against the 1,568
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 1,570
this section, a fine payable by the offender to the state, to a 1,571
political subdivision, or as described in division (B)(2) of this 1,573
section to one or more law enforcement agencies, with the amount 1,574
of the fine based on a standard percentage of the offender's 1,575
daily income over a period of time determined by the court and 1,576
based upon the seriousness of the offense. A fine ordered under 1,577
this division shall not exceed the statutory fine amount 1,578
authorized for the level of the offense under division (A)(3) of 1,579
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 1,581
this section, a fine payable by the offender to the state, to a 1,582
political subdivision when appropriate for a felony, or as 1,583
described in division (B)(2) of this section to one or more law 1,585
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 1,588
thousand dollars;
(b) For a felony of the second degree, not more than 1,591
38
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 1,594
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,597
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,600
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,603
reimbursement by the offender of any or all of the costs of 1,605
sanctions incurred by the government, including the following: 1,606
(i) All or part of the costs of implementing any community 1,609
control sanction;
(ii) All or part of the costs of confinement under a 1,612
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,613
Revised Code, provided that the amount of reimbursement ordered 1,614
under this division shall not exceed ten thousand dollars or the 1,615
total amount of reimbursement the offender is able to pay as 1,616
determined at a hearing, whichever amount is greater; 1,617
(b) If the offender is sentenced to a sanction of 1,619
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,620
Code that is to be served in a facility operated by a board of 1,622
county commissioners, a legislative authority of a municipal 1,623
corporation, or another local governmental entity, one of the
following applies: 1,624
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,626
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 1,627
Revised Code, the board, legislative authority, or other local 1,628
governmental entity requires prisoners convicted of an offense 1,629
other than a minor misdemeanor to reimburse the county, municipal 1,630
corporation, or other entity for its expenses incurred by reason 1,631
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 1,632
the offender to reimburse the county, municipal corporation, or 1,633
other local governmental entity for the cost of the confinement. 1,634
39
In addition, the court may impose any other financial sanction 1,635
under this section.
(ii) If, pursuant to any section identified in division 1,637
(A)(4)(b)(i) of this section, the board, legislative authority, 1,639
or other local governmental entity has adopted a resolution or 1,641
ordinance specifying that prisoners convicted of felonies are not 1,642
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,644
the prisoner's confinement, the court shall not impose a 1,645
financial sanction under division (A)(4)(a) of this section that 1,646
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 1,647
the confinement, but the court may impose any other financial 1,649
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,651
of this section applies, the court may impose, but is not 1,652
required to impose, any financial sanction under this section. 1,653
(c) Reimbursement by the offender for costs pursuant to 1,656
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 1,659
violation of any provision of Chapter 2925., 3719., or 4729. of 1,660
the Revised Code, the sentencing court shall impose upon the 1,661
offender a mandatory fine of at least one-half of, but not more 1,662
than, the maximum statutory fine amount authorized for the level 1,663
of the offense pursuant to division (A)(3) of this section. If 1,664
an offender alleges in an affidavit filed with the court prior to 1,666
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,667
indigent person and is unable to pay the mandatory fine described 1,668
in this division, the court shall not impose the mandatory fine 1,669
upon the offender.
(2) Any mandatory fine imposed upon an offender under 1,671
division (B)(1) of this section and any fine imposed upon an 1,673
offender under division (A)(2) or (3) of this section for any 1,674
40
fourth or fifth degree felony violation of any provision of 1,675
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,676
to law enforcement agencies pursuant to division (F) of section 1,677
2925.03 of the Revised Code. 1,678
(3) For a fourth degree felony OMVI offense AND FOR A 1,682
THIRD DEGREE FELONY OMVI OFFENSE, the sentencing court shall 1,683
impose upon the offender a mandatory fine in the amount specified 1,684
in division (A)(4) OR (8) of section 4511.99 of the Revised Code. 1,687
The mandatory fine so imposed shall be disbursed as provided in 1,688
division (A)(4) OR (8) of section 4511.99 of the Revised Code. 1,690
(4) Notwithstanding any fine otherwise authorized or 1,693
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,694
this section or section 2929.31 of the Revised Code for a 1,695
violation of section 2925.03 or 2925.07 of the Revised Code, in 1,696
addition to any penalty or sanction imposed for that offense 1,697
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 1,698
of the Revised Code and in addition to the forfeiture of property 1,700
in connection with the offense as prescribed in sections 2925.42 1,701
to 2925.45 of the Revised Code, the court that sentences an 1,703
offender for a violation of section 2925.03 or 2925.07 of the 1,704
Revised Code may impose upon the offender a fine in addition to 1,705
any fine imposed under division (A)(2) or (3) of this section and 1,707
in addition to any mandatory fine imposed under division (B)(1) 1,708
of this section. The fine imposed under division (B)(4) of this 1,709
section shall be used as provided in division (H) of section 1,710
2925.03 of the Revised Code. A fine imposed under division 1,711
(B)(4) of this section shall not exceed whichever of the 1,712
following is applicable:
(a) The total value of any personal or real property in 1,715
which the offender has an interest and that was used in the 1,716
course of, intended for use in the course of, derived from, or 1,717
realized through conduct in violation of section 2925.03 or 1,718
2925.07 of the Revised Code, including any property that 1,719
constitutes proceeds derived from that offense;
41
(b) If the offender has no interest in any property of the 1,722
type described in division (B)(4)(a) of this section or if it is 1,723
not possible to ascertain whether the offender has an interest in 1,725
any property of that type in which the offender may have an 1,726
interest, the amount of the mandatory fine for the offense 1,727
imposed under division (B)(1) of this section or, if no mandatory 1,728
fine is imposed under division (B)(1) of this section, the amount 1,729
of the fine authorized for the level of the offense imposed under 1,731
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,734
section, the court shall determine whether the offender has an 1,735
interest in any property of the type described in division 1,736
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,738
or (7) of this section, a fine that is authorized and imposed 1,739
under division (B)(4) of this section does not limit or affect 1,741
the imposition of the penalties and sanctions for a violation of 1,742
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 1,745
and does not limit or affect a forfeiture of property in 1,746
connection with the offense as prescribed in sections 2925.42 to 1,747
2925.45 of the Revised Code. 1,748
(6) If the sum total of a mandatory fine amount imposed 1,750
for a first, second, or third degree felony violation of section 1,751
2925.03 or a third degree felony violation of section 2925.07 of 1,753
the Revised Code under division (B)(1) of this section plus the 1,754
amount of any fine imposed under division (B)(4) of this section 1,756
does not exceed the maximum statutory fine amount authorized for 1,757
the level of the offense under division (A)(3) of this section or 1,758
section 2929.31 of the Revised Code, the court may impose a fine 1,760
for the offense in addition to the mandatory fine and the fine 1,761
imposed under division (B)(4) of this section. The sum total of 1,762
the amounts of the mandatory fine, the fine imposed under 1,763
division (B)(4) of this section, and the additional fine imposed 1,764
under division (B)(6) of this section shall not exceed the 1,766
42
maximum statutory fine amount authorized for the level of the 1,767
offense under division (A)(3) of this section or section 2929.31 1,768
of the Revised Code. The clerk of the court shall pay any fine 1,769
that is imposed under division (B)(6) of this section to the 1,770
county, township, municipal corporation, park district as created 1,772
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,773
state law enforcement agencies in this state that primarily were 1,774
responsible for or involved in making the arrest of, and in 1,775
prosecuting, the offender pursuant to division (F) of section 1,776
2925.03 of the Revised Code. 1,777
(7) If the sum total of the amount of a mandatory fine 1,779
imposed for a first, second, or third degree felony violation of 1,780
section 2925.03 or a third degree felony violation of section 1,781
2925.07 of the Revised Code plus the amount of any fine imposed 1,783
under division (B)(4) of this section exceeds the maximum 1,784
statutory fine amount authorized for the level of the offense 1,785
under division (A)(3) of this section or section 2929.31 of the 1,786
Revised Code, the court shall not impose a fine under division 1,787
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,790
the offender pursuant to division (A)(4)(a) of this section to 1,792
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,794
confine offenders pursuant to sanctions imposed under section 1,795
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,796
The treasurer of state shall deposit the reimbursements in the 1,797
confinement cost reimbursement fund that is hereby created in the 1,798
state treasury. The department of rehabilitation and correction 1,799
shall use the amounts deposited in the fund to fund the operation 1,800
of facilities used to confine offenders pursuant to sections 1,801
2929.14 and 2929.16 of the Revised Code. 1,802
(2) Except as provided in section 2951.021 of the Revised 1,804
Code, the offender shall pay reimbursements imposed upon the 1,805
offender pursuant to division (A)(4)(a) of this section to pay 1,807
43
the costs incurred by a county pursuant to any sanction imposed 1,808
under this section or section 2929.16 or 2929.17 of the Revised 1,809
Code or in operating a facility used to confine offenders 1,810
pursuant to a sanction imposed under section 2929.16 of the 1,811
Revised Code to the county treasurer. The county treasurer shall 1,812
deposit the reimbursements in the sanction cost reimbursement 1,813
fund that each board of county commissioners shall create in its 1,814
county treasury. The county shall use the amounts deposited in 1,815
the fund to pay the costs incurred by the county pursuant to any 1,816
sanction imposed under this section or section 2929.16 or 2929.17 1,817
of the Revised Code or in operating a facility used to confine 1,819
offenders pursuant to a sanction imposed under section 2929.16 of 1,820
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,822
Code, the offender shall pay reimbursements imposed upon the 1,823
offender pursuant to division (A)(4)(a) of this section to pay 1,825
the costs incurred by a municipal corporation pursuant to any 1,826
sanction imposed under this section or section 2929.16 or 2929.17 1,827
of the Revised Code or in operating a facility used to confine 1,828
offenders pursuant to a sanction imposed under section 2929.16 of 1,829
the Revised Code to the treasurer of the municipal corporation. 1,831
The treasurer shall deposit the reimbursements in a special fund 1,832
that shall be established in the treasury of each municipal 1,833
corporation. The municipal corporation shall use the amounts 1,834
deposited in the fund to pay the costs incurred by the municipal 1,835
corporation pursuant to any sanction imposed under this section 1,836
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,837
a facility used to confine offenders pursuant to a sanction 1,838
imposed under section 2929.16 of the Revised Code. 1,839
(4) Except as provided in section 2951.021 of the Revised 1,841
Code, the offender shall pay reimbursements imposed pursuant to 1,842
division (A)(4)(a) of this section for the costs incurred by a 1,843
private provider pursuant to a sanction imposed under this 1,844
section or section 2929.16 or 2929.17 of the Revised Code to the 1,845
44
provider.
(D) A financial sanction imposed pursuant to division (A) 1,847
or (B) of this section is a judgment in favor of the state or a 1,848
political subdivision in which the court that imposed the 1,849
financial sanction is located, and the offender subject to the 1,850
sanction is the judgment debtor, except that a financial sanction 1,851
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,853
this section upon an offender who is incarcerated in a state 1,854
facility or a municipal jail is a judgment in favor of the state 1,855
or the municipal corporation, a financial sanction of 1,856
reimbursement imposed upon an offender pursuant to this section 1,857
for costs incurred by a private provider of sanctions is a 1,858
judgment in favor of the private provider, and a financial 1,859
sanction of restitution imposed pursuant to this section is a 1,860
judgment in favor of the victim of the offender's criminal act. 1,861
Once the financial sanction is imposed as a judgment, the victim, 1,862
private provider, state, or political subdivision may bring an 1,863
action to do any of the following:
(1) Obtain execution of the judgment through any available 1,866
procedure, including:
(a) An execution against the property of the judgment 1,869
debtor under Chapter 2329. of the Revised Code; 1,870
(b) An execution against the person of the judgment debtor 1,873
under Chapter 2331. of the Revised Code; 1,874
(c) A proceeding in aid of execution under Chapter 2333. 1,877
of the Revised Code, including: 1,878
(i) A proceeding for the examination of the judgment 1,881
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,882
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,885
judgment debtor under section 2333.28 of the Revised Code; 1,886
(iii) A creditor's suit under section 2333.01 of the 1,889
Revised Code.
(d) The attachment of the property of the judgment debtor 1,892
45
under Chapter 2715. of the Revised Code; 1,893
(e) The garnishment of the property of the judgment debtor 1,896
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,898
judgment debtor under section 1321.33 of the Revised Code. 1,900
(E) A court that imposes a financial sanction upon an 1,902
offender may hold a hearing if necessary to determine whether the 1,903
offender is able to pay the sanction or is likely in the future 1,904
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,907
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,909
enter into contracts with one or more public agencies or private 1,910
vendors for the collection of, amounts due under the financial 1,911
sanction imposed pursuant to this section or section 2929.25 of 1,912
the Revised Code. Before entering into a contract for the 1,913
collection of amounts due from an offender pursuant to any 1,914
financial sanction imposed pursuant to this section or section 1,915
2929.25 of the Revised Code, a court shall comply with sections 1,916
307.86 to 307.92 of the Revised Code. 1,917
(G) If a court that imposes a financial sanction under 1,920
division (A) or (B) of this section finds that an offender 1,921
satisfactorily has completed all other sanctions imposed upon the 1,922
offender and that all restitution that has been ordered has been 1,923
paid as ordered, the court may suspend any financial sanctions 1,924
imposed pursuant to this section or section 2929.25 of the 1,925
Revised Code that have not been paid. 1,926
(H) No financial sanction imposed under this section or 1,929
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,930
Sec. 2929.19. (A)(1) The court shall hold a sentencing 1,942
hearing before imposing a sentence under this chapter upon an 1,944
offender who was convicted of or pleaded guilty to a felony and 1,945
before resentencing an offender who was convicted of or pleaded 1,946
46
guilty to a felony and whose case was remanded pursuant to 1,947
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 1,948
the offender, the prosecuting attorney, the victim or the 1,949
victim's representative in accordance with section 2930.14 of the 1,950
Revised Code, and, with the approval of the court, any other 1,951
person may present information relevant to the imposition of 1,952
sentence in the case. The court shall inform the offender of the 1,953
verdict of the jury or finding of the court and ask the offender 1,954
whether the offender has anything to say as to why sentence 1,955
should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before 1,957
imposing sentence on an offender who is being sentenced for a 1,959
sexually oriented offense that was committed on or after the 1,960
effective date of this amendment JANUARY 1, 1997, and that is not 1,962
a sexually violent offense, and before imposing sentence on an 1,963
offender who is being sentenced for a sexually violent offense 1,964
committed on or after the effective date of this amendment 1,965
JANUARY 1, 1997, and who was not charged with a sexually violent 1,966
predator specification in the indictment, count in the 1,967
indictment, or information charging the sexually violent offense, 1,968
the court shall conduct a hearing in accordance with division (B) 1,969
of section 2950.09 of the Revised Code to determine whether the 1,971
offender is a sexual predator. The court shall not conduct a 1,972
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 1,973
specification was included in the indictment, count in the 1,975
indictment, or information charging the sexually violent offense. 1,976
Before imposing sentence on an offender who is being sentenced 1,977
for a sexually oriented offense, the court also shall comply with 1,978
division (E) of section 2950.09 of the Revised Code. 1,979
(B)(1) At the sentencing hearing, the court, before 1,982
imposing sentence, shall consider the record, any information 1,983
presented at the hearing by any person pursuant to division (A) 1,984
of this section, and, if one was prepared, the presentence 1,985
47
investigation report made pursuant to section 2951.03 of the 1,986
Revised Code or Criminal Rule 32.2, and any victim impact 1,987
statement made pursuant to section 2947.051 of the Revised Code. 1,989
(2) The court shall impose a sentence and shall make a 1,991
finding that gives its reasons for selecting the sentence imposed 1,993
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 1,995
which the court is required to impose sentence pursuant to 1,996
division (G) of section 2929.14 of the Revised Code, if it 1,997
imposes a prison term for a felony of the fourth or fifth degree 1,998
or for a felony drug offense that is a violation of a provision 1,999
of Chapter 2925. of the Revised Code and that is specified as 2,000
being subject to division (B) of section 2929.13 of the Revised 2,002
Code for purposes of sentencing and, if the term is not a 2,003
mandatory prison term imposed pursuant to division (G)(2) of 2,004
section 2929.13 of the Revised Code for a THIRD DEGREE felony 2,005
OMVI offense, its reasons for imposing the prison term, based 2,007
upon the overriding purposes and principles of felony sentencing
set forth in section 2929.11 of the Revised Code, and any factors 2,008
listed in divisions (B)(1)(a) to (h) of section 2929.13 of the 2,009
Revised Code that it found to apply relative to the offender. 2,010
(b) If it does not impose a prison term for a felony of 2,013
the first or second degree or for a felony drug offense that is a 2,014
violation of a provision of Chapter 2925. of the Revised Code and 2,016
for which a presumption in favor of a prison term is specified as 2,017
being applicable, its reasons for not imposing the prison term 2,018
and for overriding the presumption, based upon the overriding 2,019
purposes and principles of felony sentencing set forth in section 2,020
2929.11 of the Revised Code, and the basis of the findings it 2,021
made under divisions (D)(1) and (2) of section 2929.13 of the 2,023
Revised Code.
(c) If it imposes consecutive sentences under section 2,026
2929.14 of the Revised Code, its reasons for imposing the 2,027
consecutive sentences;
48
(d) If the sentence is for one offense and it imposes a 2,029
prison term for the offense that is the maximum prison term 2,030
allowed for that offense by division (A) of section 2929.14 of 2,031
the Revised Code, its reasons for imposing the maximum prison 2,032
term;
(e) If the sentence is for two or more offenses arising 2,034
out of a single incident and it imposes a prison term for those 2,035
offenses that is the maximum prison term allowed for the offense 2,036
of the highest degree by division (A) of section 2929.14 of the 2,037
Revised Code, its reasons for imposing the maximum prison term. 2,038
(3) Subject to division (B)(4) of this section, if the 2,041
sentencing court determines at the sentencing hearing that a 2,042
prison term is necessary or required, the court shall do all of 2,043
the following:
(a) Impose a stated prison term; 2,045
(b) Notify the offender that the parole board may extend 2,048
the stated prison term if the offender commits any criminal 2,049
offense under the laws of this state or the United States while 2,050
serving the prison term, that the extension will be done
administratively as part of the offender's sentence in accordance 2,051
with section 2967.11 of the Revised Code and may be for thirty, 2,052
sixty, or ninety days for each violation, that all extensions of 2,053
any stated prison term for all violations during the course of 2,054
the term may not exceed one-half of the term's duration, and that 2,055
the sentence so imposed automatically includes any extension of 2,056
the stated prison term by the parole board; 2,057
(c) Subject to division (B)(4) of this section, if the 2,060
offender is being sentenced for a felony of the first degree, for 2,061
a felony of the second degree, for a felony sex offense, as 2,062
defined in section 2967.28 of the Revised Code, or for a felony 2,063
of the third degree that is not a felony sex offense and in the 2,064
commission of which the offender caused or threatened to cause 2,065
physical harm to a person, notify the offender that a period of 2,066
post-release control pursuant to section 2967.28 of the Revised 2,067
49
Code will be imposed following the offender's release from 2,068
prison;
(d) Subject to division (B)(4) of this section, if the 2,071
offender is being sentenced for a felony of the third, fourth, or 2,072
fifth degree that is not subject to division (B)(3)(c) of this 2,073
section, notify the offender that a period of post-release 2,074
control pursuant to section 2967.28 of the Revised Code may be
imposed following the offender's release from prison; 2,075
(e) Notify the offender that, if a period of post-release 2,078
control is imposed following the offender's release from prison, 2,079
as described in division (B)(3)(c) or (d) of this section, and if 2,081
the offender violates a post-release control sanction imposed as 2,082
a component of the post-release control including the mandatory 2,083
condition described in division (A) of section 2967.121 of the 2,084
Revised Code, all of the following apply:
(i) The adult parole authority or the parole board may 2,087
impose a more restrictive post-release control sanction. 2,088
(ii) The parole board may increase the duration of the 2,091
post-release control subject to a specified maximum. 2,092
(iii) The more restrictive sanction that the parole board 2,095
may impose may consist of a prison term, provided that the prison 2,096
term cannot exceed nine months and the maximum cumulative prison 2,097
term so imposed for all violations during the period of 2,098
post-release control cannot exceed one-half of the stated prison 2,099
term originally imposed upon the offender. 2,100
(iv) If the violation of the sanction is a felony, the 2,103
offender may be prosecuted for the felony and, in addition to any 2,104
sentence it imposes on the offender for the new felony, the court 2,105
may impose a prison term, subject to a specified maximum, for the 2,106
violation.
(4) If the offender is being sentenced for a sexually 2,108
violent offense that the offender committed on or after the 2,109
effective date of this amendment JANUARY 1, 1997, and the 2,111
offender also is convicted of or pleads guilty to a sexually
50
violent predator specification that was included in the 2,112
indictment, count in the indictment, or information charging the 2,113
sexually violent offense or if the offender is being sentenced 2,114
for a sexually oriented offense that the offender committed on or 2,115
after the effective date of this section JANUARY 1, 1997, and the 2,116
court imposing the sentence has determined pursuant to division 2,117
(B) of section 2950.09 of the Revised Code that the offender is a 2,119
sexual predator, the court shall include in the offender's 2,120
sentence a statement that the offender has been adjudicated as 2,121
being a sexual predator and shall comply with the requirements of 2,122
section 2950.03 of the Revised Code. Additionally, in the 2,123
circumstances described in division (G) of section 2929.14 of the 2,124
Revised Code, the court shall impose sentence on the offender as 2,125
described in that division.
(5) If the sentencing court determines at the sentencing 2,128
hearing that a community control sanction should be imposed and 2,129
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. 2,130
The court shall notify the offender that, if the conditions of 2,131
the sanction are violated or the condition imposed under division 2,132
(C)(1)(b) of section 2951.02 of the Revised Code, if imposed, is 2,133
violated, the court may impose a longer time under the same 2,135
sanction, may impose a more restrictive sanction, or may impose a 2,136
prison term on the offender and shall indicate the specific 2,137
prison term that may be imposed as a sanction for the violation, 2,138
as selected by the court from the range of prison terms for the 2,139
offense pursuant to section 2929.14 of the Revised Code. 2,140
(6) Before imposing a financial sanction under section 2,142
2929.18 of the Revised Code or a fine under section 2929.25 of 2,143
the Revised Code, the court shall consider the offender's present 2,144
and future ability to pay the amount of the sanction or fine. 2,145
(C)(1) If the offender is being sentenced for a fourth 2,147
degree felony OMVI offense and if the court is required by UNDER 2,148
division (G)(1) of section 2929.13 of the Revised Code to impose 2,150
51
as a sanction a mandatory term of local incarceration, the court 2,152
shall impose the mandatory term of local incarceration REQUIRED 2,153
UNDER THAT DIVISION in accordance with that division, shall 2,154
impose a mandatory fine in accordance with division (B)(3) of 2,155
section 2929.18 of the Revised Code, and, in addition, may impose 2,156
additional sanctions as specified in sections 2929.15, 2929.16, 2,157
2929.17, and 2929.18 of the Revised Code. The court shall not 2,158
impose a prison term on the offender.
(2) If the offender is being sentenced for a fourth THIRD 2,160
degree felony OMVI offense and if the court is required by UNDER 2,162
division (G)(2) of section 2929.13 of the Revised Code to impose 2,164
as a sanction a mandatory prison term, the court shall impose the 2,166
mandatory prison term REQUIRED UNDER THAT DIVISION in accordance 2,167
with that division, shall impose a mandatory fine in accordance 2,168
with division (B)(3) of section 2929.18 of the Revised Code, and, 2,169
in addition, may impose an additional prison term as specified in 2,170
section 2929.14 of the Revised Code. The court shall not impose 2,171
any community control sanction on the offender.
Sec. 2929.23. (A) As used in this section: 2,180
(1) "Electronic monitoring device" means either of the 2,182
following: 2,183
(a) Any device that can be operated by electrical or 2,185
battery power and that conforms with all of the following: 2,186
(i) The device has a transmitter that can be attached to a 2,188
person, that will transmit a specified signal to a receiver of 2,189
the type described in division (A)(1)(a)(ii) of this section if 2,190
the transmitter is removed from the person, turned off, or 2,191
altered in any manner without prior court approval in relation to 2,192
electronically monitored house arrest or electronically monitored 2,193
house detention or without prior approval of the department of 2,194
rehabilitation and correction in relation to the use of an 2,195
electronic monitoring device for an inmate on transitional 2,197
control or otherwise is tampered with, that can transmit 2,198
continuously and periodically a signal to that receiver when the 2,199
52
person is within a specified distance from the receiver, and that 2,200
can transmit an appropriate signal to that receiver if the person 2,201
to whom it is attached travels a specified distance from that 2,202
receiver.
(ii) The device has a receiver that can receive 2,204
continuously the signals transmitted by a transmitter of the type 2,205
described in division (A)(1)(a)(i) of this section, can transmit 2,206
continuously those signals by telephone to a central monitoring 2,207
computer of the type described in division (A)(1)(a)(iii) of this 2,208
section, and can transmit continuously an appropriate signal to 2,209
that central monitoring computer if the receiver is turned off or 2,210
altered without prior court approval or otherwise tampered with. 2,211
(iii) The device has a central monitoring computer that 2,213
can receive continuously the signals transmitted by telephone by 2,214
a receiver of the type described in division (A)(1)(a)(ii) of 2,215
this section and can monitor continuously the person to whom an 2,216
electronic monitoring device of the type described in division 2,217
(A)(1)(a) of this section is attached. 2,218
(b) Any device that is not a device of the type described 2,220
in division (A)(1)(a) of this section and that conforms with all 2,221
of the following: 2,222
(i) The device includes a transmitter and receiver that 2,224
can monitor and determine the location of a subject person at any 2,225
time, or at a designated point in time, through the use of a 2,226
central monitoring computer or through other electronic means; 2,227
(ii) The device includes a transmitter and receiver that 2,229
can determine at any time, or at a designated point in time, 2,230
through the use of a central monitoring computer or other 2,231
electronic means the fact that the transmitter is turned off or 2,232
altered in any manner without prior approval of the court in 2,233
relation to electronically monitored house arrest or 2,234
electronically monitored house detention or without prior 2,235
approval of the department of rehabilitation and correction in 2,236
relation to the use of an electronic monitoring device for an 2,238
53
inmate on transitional control or otherwise is tampered with. 2,240
(2) "Certified electronic monitoring device" means an 2,242
electronic monitoring device that has been certified by the 2,243
superintendent of the bureau of criminal identification and 2,244
investigation pursuant to division (C)(1) of this section. 2,245
(3) "Eligible offender" means a person who has been 2,247
convicted of or pleaded guilty to any offense, except that a 2,248
person is not an "eligible offender" if any of the following 2,250
apply in relation to the person, the offense, or the person and 2,251
the offense: 2,252
(a) The person is subject to or is serving a term of life 2,254
imprisonment.
(b) The person is subject to or is serving a mandatory 2,256
prison term imposed under division (F) of section 2929.13, 2,257
division (D) of section 2929.14, or any other section of the 2,258
Revised Code, provided that, after the person has served all of 2,259
the mandatory prison terms so imposed, the person may be an 2,260
eligible offender unless excluded by division (A)(3)(a), (c) or 2,261
(d) of this section. 2,262
(c) The offense is a violation of division (A) of section 2,265
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 2,266
the Revised Code and is serving the mandatory term of local 2,268
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days of 2,269
imprisonment imposed under that division, provided that, after 2,270
the person has served all of the mandatory term of local 2,271
incarceration so imposed, the person may be an eligible offender 2,272
unless excluded by division (A)(3)(a), (b), or (d) of this 2,273
section. 2,274
(d) The offense is a violation of division (A) of section 2,277
4511.19 of the Revised Code, and the person is sentenced for that 2,278
offense pursuant to division (G)(2) of section 2929.13 of the 2,279
Revised Code. 2,280
(4) "Electronically monitored house arrest" means a period 2,282
54
of confinement of an eligible offender in the eligible offender's 2,284
home or in other premises specified by the sentencing court, 2,285
during which period of confinement all of the following apply: 2,286
(a) The eligible offender wears, otherwise has attached to 2,288
the eligible offender's person, or otherwise is subject to 2,289
monitoring by a certified electronic monitoring device, or the 2,291
eligible offender is subject to monitoring by a certified 2,293
electronic monitoring system;
(b) The eligible offender is required to remain in the 2,295
eligible offender's home or other premises specified by the 2,296
sentencing court for the specified period of confinement, except 2,297
for periods of time during which the eligible offender is at the 2,299
eligible offender's place of employment or at other premises as 2,300
authorized by the sentencing court;
(c) The eligible offender is subject to monitoring by a 2,302
central system that monitors the certified electronic monitoring 2,303
device that is attached to the eligible offender's person or that 2,305
otherwise is being used to monitor the eligible offender and that 2,306
can monitor and determine the eligible offender's location at any 2,308
time or at a designated point in time, or the eligible offender 2,309
is required to participate in monitoring by a certified 2,310
electronic monitoring system; 2,311
(d) The eligible offender is required by the sentencing 2,313
court to report periodically to a person designated by the court; 2,314
(e) The eligible offender is subject to any other 2,316
restrictions and requirements that may be imposed by the 2,317
sentencing court. 2,318
(5) "Electronic monitoring system" means a system by which 2,320
the location of an eligible offender can be verified 2,321
telephonically through the use of voice-activated voice response 2,322
technology that conforms with all of the following: 2,323
(a) It can be programmed to call the telephone or 2,325
telephones assigned to the eligible offender who is the subject 2,327
of the monitoring as often as necessary; 2,328
55
(b) It is equipped with a voice recognition system that 2,330
can work accurately and reliably under the anticipated conditions 2,331
in which it will operate; 2,332
(c) It is equipped to perform an alarm function if the 2,334
eligible offender who is the subject of monitoring does not 2,336
respond to system commands in the manner required. 2,337
(6) "Certified electronic monitoring system" means an 2,339
electronic monitoring system that has been certified by the 2,340
superintendent of the bureau of criminal identification and 2,341
investigation pursuant to division (C)(1) of this section. 2,342
(7) "Electronically monitored house detention" has the 2,344
same meaning as in section 2151.355 of the Revised Code. 2,345
(8) "Transitional control" means the program of 2,348
transitional control established by the department of 2,349
rehabilitation and correction under section 2967.26 of the 2,350
Revised Code, if the department establishes a program of that 2,351
nature under that section.
(B)(1) Any court may impose as a sanction pursuant to 2,353
sections 2929.15 and 2929.17 of the Revised Code a period of 2,354
electronically monitored house arrest upon an eligible offender 2,355
who is convicted of or pleads guilty to a felony, except that the 2,356
total of any period of electronically monitored house arrest 2,357
imposed upon that eligible offender plus the period of all other 2,358
sanctions imposed upon the same eligible offender pursuant to 2,359
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 2,360
Code shall not exceed five years. Any court may impose a period 2,361
of electronically monitored house arrest upon an eligible 2,362
offender who is convicted of or pleads guilty to a misdemeanor in 2,363
addition to or in lieu of any other sentence imposed or 2,364
authorized for the offense, except that the total of any period 2,365
of electronically monitored house arrest imposed upon that 2,366
eligible offender plus the period of any sentence of imprisonment 2,367
imposed upon the same eligible offender shall not exceed the 2,368
maximum term of imprisonment that could be imposed upon the 2,369
56
eligible offender pursuant to section 2929.21 of the Revised Code 2,370
and except that, if the offense for which an eligible offender is 2,371
being sentenced is a violation of division (A) of section 4511.19 2,372
or of division (D)(2) of section 4507.02 of the Revised Code, the 2,373
court may impose a period of electronically monitored house 2,374
arrest upon the eligible offender only when authorized by and 2,375
only in the circumstances described in division (A) of section 2,376
4511.99 or division (B) of section 4507.99 of the Revised Code. 2,377
If a court imposes a period of electronically monitored 2,379
house arrest upon an eligible offender, it shall require the 2,380
eligible offender to wear, otherwise have attached to the 2,381
eligible offender's person, or otherwise be subject to monitoring 2,383
by a certified electronic monitoring device or to participate in 2,384
the operation of and monitoring by a certified electronic 2,385
monitoring system; to remain in the eligible offender's home or 2,386
other specified premises for the entire period of electronically 2,388
monitored house arrest except when the court permits the eligible 2,389
offender to leave those premises to go to the eligible offender's 2,390
place of employment or to other specified premises; to be 2,391
monitored by a central system that monitors the certified 2,392
electronic monitoring device that is attached to the eligible 2,393
offender's person or that otherwise is being used to monitor the 2,395
eligible offender and that can monitor and determine the eligible 2,397
offender's location at any time or at a designated point in time 2,399
or to be monitored by the certified electronic monitoring system; 2,400
to report periodically to a person designated by the court; and, 2,401
in return for receiving a period of electronically monitored 2,402
house arrest, to enter into a written contract with the court 2,403
agreeing to comply with all restrictions and requirements imposed 2,404
by the court, agreeing to pay any fee imposed by the court for 2,405
the costs of the electronically monitored house arrest imposed by 2,406
the court pursuant to division (E) of this section, and agreeing 2,407
to waive the right to receive credit for any time served on 2,408
electronically monitored house arrest toward any prison term or
57
sentence of imprisonment imposed upon the eligible offender for 2,410
the offense for which the period of electronically monitored 2,411
house arrest was imposed if the eligible offender violates any of 2,412
the restrictions or requirements of the period of electronically 2,414
monitored house arrest, and additionally, it may impose any other 2,415
reasonable restrictions and requirements upon the eligible 2,416
offender.
(2) If an eligible offender violates any of the 2,418
restrictions or requirements imposed upon the eligible offender 2,419
as part of the eligible offender's period of electronically 2,421
monitored house arrest, the eligible offender shall not receive 2,422
credit for any time served on electronically monitored house 2,423
arrest toward any prison term or sentence of imprisonment imposed 2,424
upon the eligible offender for the offense for which the period 2,426
of electronically monitored house arrest was imposed. 2,427
(C)(1) The superintendent of the bureau of criminal 2,429
identification and investigation, in accordance with this section 2,430
and rules adopted by the superintendent pursuant to division 2,431
(C)(2) of this section, shall certify for use in cases of 2,432
electronically monitored house arrest, in electronically 2,433
monitored house detention, and in relation to an inmate on 2,435
transitional control specific types and brands of electronic 2,436
monitoring devices and electronic monitoring systems that comply 2,437
with the requirements of this section, section 5120.073 of the 2,438
Revised Code, and those rules. Any manufacturer that, pursuant 2,439
to this division, seeks to obtain the certification of any type 2,440
or brand of electronic monitoring device or electronic monitoring 2,441
system shall submit to the superintendent an application for 2,442
certification in accordance with those rules together with the 2,443
application fee and costs of certification as required by those 2,444
rules. The superintendent shall not certify any electronic 2,445
monitoring device or electronic monitoring system pursuant to 2,446
this division unless the application fee and costs have been paid 2,447
to the superintendent.
58
(2) The superintendent, in accordance with Chapter 119. of 2,449
the Revised Code, shall adopt rules for certifying specific types 2,450
and brands of electronic monitoring devices and electronic 2,451
monitoring systems for use in electronically monitored house 2,452
arrest, in electronically monitored house detention, and in 2,454
relation to an inmate on transitional control. The rules shall 2,455
set forth the requirements for obtaining the certification, the 2,456
application fee and other costs for obtaining the certification, 2,457
the procedure for applying for certification, and any other 2,458
requirements and procedures considered necessary by the 2,459
superintendent. The rules shall require that no type or brand of 2,460
electronic monitoring device or electronic monitoring system be 2,461
certified unless the type or brand of device or system complies 2,462
with whichever of the following is applicable, in addition to any 2,463
other requirements specified by the superintendent: 2,464
(a) For electronic monitoring devices of the type 2,466
described in division (A)(1)(a) of this section, the type or 2,467
brand of device complies with all of the following: 2,468
(i) It has a transmitter of the type described in division 2,470
(A)(1)(a)(i) of this section, a receiver of the type described in 2,471
division (A)(1)(a)(ii) of this section, and a central monitoring 2,472
computer of the type described in division (A)(1)(a)(iii) of this 2,473
section; 2,474
(ii) Its transmitter can be worn by or attached to a 2,476
person with a minimum of discomfort during normal activities, is 2,477
difficult to remove, turn off, or otherwise alter without prior 2,478
court approval in relation to electronically monitored house 2,479
arrest or electronically monitored house detention or prior 2,480
approval of the department of rehabilitation and correction in 2,481
relation to the use of an electronic monitoring device for an 2,483
inmate on transitional control, and will transmit a specified 2,485
signal to the receiver if it is removed, turned off, altered, or 2,486
otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and 2,488
59
will transmit a signal to the central monitoring computer if it 2,489
is turned off, altered, or otherwise tampered with; 2,490
(iv) Its central monitoring computer is difficult to 2,492
circumvent; 2,493
(v) Its transmitter, receiver, and central monitoring 2,495
computer work accurately and reliably under the anticipated 2,496
conditions under which electronically monitored house arrest or 2,497
electronically monitored house detention will be imposed by 2,498
courts or under which an electronic monitoring device will be 2,501
used by the department of rehabilitation and correction in
relation to an inmate on transitional control; 2,502
(vi) It has a backup battery power supply that operates 2,504
automatically when the main source of electrical or battery power 2,505
for the device fails. 2,506
(b) For electronic monitoring devices of the type 2,508
described in division (A)(1)(b) of this section, the type or 2,509
brand of device complies with all of the following: 2,510
(i) It has a transmitter and receiver of the type 2,512
described in divisions (A)(1)(b)(i) and (ii) of this section. 2,513
(ii) Its transmitter is difficult to turn off or alter 2,515
without prior court approval in relation to electronically 2,516
monitored house arrest or electronically monitored house 2,517
detention or without prior approval of the department of 2,518
rehabilitation and correction in relation to the use of an 2,519
electronic monitoring device for an inmate on transitional 2,521
control, and, if the transmitter is turned off or altered in any 2,523
manner without prior approval of the court or department or 2,524
otherwise is tampered with, the fact that it has been turned off, 2,525
altered, or tampered with can be determined at any time, or at a 2,526
designated point in time, through the use of a central monitoring 2,527
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 2,529
if the receiver is turned off, altered, or otherwise tampered 2,530
with, the fact that it has been turned off, altered, or tampered 2,531
60
with can be determined at any time, or at a designated point in 2,532
time, through the use of a central monitoring computer or through 2,533
other electronic means. 2,534
(iv) Its central monitoring computer or other means of 2,536
electronic monitoring is difficult to circumvent. 2,537
(v) Its transmitter, receiver, and central monitoring 2,539
computer or other means of electronic monitoring work accurately 2,540
and reliably under the anticipated conditions under which 2,541
electronically monitored house arrest or electronically monitored 2,543
house detention will be used, or under which an electronic 2,544
monitoring device will be used by the department of 2,546
rehabilitation and correction in relation to an inmate on 2,547
transitional control.
(vi) If it operates on electrical or battery power, it has 2,549
a backup battery power supply that operates automatically when 2,550
the main source of electrical or battery power for the device 2,551
fails, or, if it does not operate on electrical or battery power, 2,552
it has a backup method of operation so that it will continue to 2,553
operate if its main method of operation fails. 2,554
(c) For electronic monitoring systems, the type or brand 2,556
of system complies with all of the following: 2,557
(i) It can be programmed to call the telephone or 2,559
telephones assigned to the person who is the subject of the 2,560
monitoring as often as necessary; 2,561
(ii) It is equipped with a voice recognition system that 2,563
can work accurately and reliably under the anticipated conditions 2,564
in which it will operate; 2,565
(iii) It is equipped to perform an alarm function if the 2,567
person who is the subject of the monitoring does not respond to 2,568
system commands in the manner required. 2,569
(3) The superintendent shall publish and make available to 2,571
all courts and to the department of rehabilitation and 2,572
correction, without charge, a list of all types and brands of 2,573
electronic monitoring devices and electronic monitoring systems 2,574
61
that have been certified by the superintendent pursuant to 2,575
division (C)(1) of this section and information about the 2,576
manufacturers of the certified devices and systems and places at 2,577
which the devices and systems can be obtained. 2,578
(D) The superintendent of the bureau of criminal 2,580
identification and investigation shall deposit all costs and fees 2,581
collected pursuant to division (C) of this section into the 2,583
general revenue fund.
(E)(1) Each county in which is located a court that 2,585
imposes a period of electronically monitored house arrest or 2,586
electronically monitored house detention as a sentencing sanction 2,587
or alternative may establish in the county treasury an 2,589
electronically monitored house arrest and detention fund. The 2,590
clerk of each court that uses that sentencing sanction or 2,591
alternative may deposit into the fund all fees collected from 2,593
eligible offenders upon whom electronically monitored house 2,594
arrest or detention is imposed pursuant to this section, section 2,595
2151.355, or any other section of the Revised Code that 2,596
specifically authorizes the imposition of electronically 2,597
monitored house arrest or detention. Each court that imposes 2,598
electronically monitored house arrest or detention may adopt by 2,599
local court rule a reasonable daily fee to be paid by each 2,600
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 2,601
alternative. The fee may include the actual costs of providing 2,603
house arrest or detention and an additional amount necessary to 2,604
enable the court to provide electronically monitored house arrest 2,605
or detention to indigent eligible offenders. The fund may be 2,606
used only for the payment of the costs of electronically 2,607
monitored house arrest or detention, including, but not limited 2,608
to, the costs of electronically monitored house arrest or 2,609
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 2,611
this section, it shall be in addition to any fine specifically 2,612
62
authorized or required by any other section of the Revised Code 2,613
for an eligible offender upon whom a period of electronically 2,614
monitored house arrest or detention is imposed as a sentencing 2,615
sanction or alternative.
Sec. 2929.41. (A) Except as provided in division (B) of 2,624
this section, division (E) of section 2929.14, or division (D) or 2,625
(E) of section 2971.03 of the Revised Code, a sentence of 2,626
imprisonment shall be served concurrently with any other sentence 2,628
of imprisonment imposed by a court of this state, another state, 2,629
or the United States. In any case EXCEPT AS PROVIDED IN DIVISION 2,630
(B)(2) OF THIS SECTION, a sentence of imprisonment for 2,631
misdemeanor shall be served concurrently with a PRISON TERM OR 2,632
sentence of imprisonment for felony served in a state or federal 2,634
correctional institution.
(B)(1) A sentence of imprisonment for a misdemeanor shall 2,636
be served consecutively to any other sentence of imprisonment, 2,637
OTHER THAN A PRISON TERM OR SENTENCE OF IMPRISONMENT IMPOSED FOR 2,638
A FELONY AND SERVED IN A STATE OR FEDERAL CORRECTIONAL 2,639
INSTITUTION, when the trial court specifies that it is to be 2,640
served consecutively or when it is imposed for a misdemeanor 2,641
violation of section 2907.322, 2921.34, or 2923.131 of the 2,643
Revised Code.
(2) When consecutive sentences of imprisonment are imposed 2,646
for misdemeanor UNDER THIS DIVISION, the term to be served is the 2,647
aggregate of the consecutive terms imposed, except that the 2,648
aggregate term to be served shall not exceed eighteen months. 2,649
(2) A SENTENCE OF IMPRISONMENT IMPOSED FOR A MISDEMEANOR 2,651
VIOLATION OF SECTION 4511.19 OR DIVISION (B)(1), (C), (D)(1), OR 2,653
(D)(2) OF SECTION 4507.02 OF THE REVISED CODE SHALL BE SERVED 2,655
CONSECUTIVELY TO A PRISON TERM THAT IS IMPOSED FOR A FELONY 2,656
VIOLATION OF SECTION 2903.06, 2903.07, 2903.08, OR 4511.19 OF THE 2,657
REVISED CODE OR A FELONY VIOLATION OF SECTION 2903.04 OF THE
REVISED CODE INVOLVING THE OPERATION OF A MOTOR VEHICLE BY THE 2,658
OFFENDER AND THAT IS SERVED IN A STATE CORRECTIONAL INSTITUTION 2,659
63
WHEN THE TRIAL COURT SPECIFIES THAT IT IS TO BE SERVED 2,660
CONSECUTIVELY.
WHEN CONSECUTIVE SENTENCES OF IMPRISONMENT AND PRISON TERMS 2,662
ARE IMPOSED FOR ONE OR MORE MISDEMEANORS AND ONE OR MORE FELONIES 2,663
UNDER THIS DIVISION, THE TERM TO BE SERVED IS THE AGGREGATE OF 2,664
THE CONSECUTIVE TERMS IMPOSED, AND THE OFFENDER SHALL SERVE ALL 2,665
TERMS IMPOSED FOR A FELONY BEFORE SERVING ANY TERM IMPOSED FOR A 2,666
MISDEMEANOR. 2,667
Sec. 3793.10. A drivers' intervention program may be used 2,676
as an alternative to a term of imprisonment for an offender 2,677
sentenced pursuant to division (A)(1) of section 4511.99 of the 2,678
Revised Code, if it is certified by the director of alcohol and 2,679
drug addiction services pursuant to this section. No drivers' 2,680
intervention program shall be used as an alternative to a term of 2,681
imprisonment that is imposed pursuant to division (A)(2), (3), or 2,683
(4), (6), (7), OR (8) of section 4511.99 of the Revised Code. 2,685
To qualify for certification by the director and to receive 2,687
funds from the drivers' treatment and intervention fund created 2,688
by division (L) of section 4511.191 of the Revised Code in any 2,689
amounts and at any times that the director determines are 2,690
appropriate, a drivers' intervention program shall meet state 2,691
minimum standards that the director shall establish by rule. The 2,692
rules shall include, but are not limited to, standards governing 2,693
program course hours and content, qualifications of program 2,694
personnel, methods of identifying and testing participants to 2,695
isolate participants with alcohol and drug abuse problems, 2,696
referral of such persons to alcohol and drug addiction programs, 2,697
the prompt notification of courts by program operators of the 2,698
completion of the programs by persons required by courts to 2,699
attend them, and record keeping, including methods of tracking 2,700
participants for a reasonable time after they have left the 2,701
program. 2,702
The director shall issue a certificate to any qualified 2,704
drivers' intervention program. The certificate shall be valid 2,705
64
for three years. 2,706
Sec. 4503.233. (A)(1) As used in this section, "vehicle 2,715
owner" means either of the following: 2,716
(a) The person in whose name is registered, at the time of 2,718
the offense, a vehicle that is subject to an immobilization order 2,719
issued under division (A)(2) of this section; 2,720
(b) A person to whom, at the time of the offense, the 2,722
certificate of title to a vehicle has been assigned and who has 2,723
not obtained a certificate of title to the vehicle in that 2,724
person's name but who is deemed by the court as being the owner 2,725
of the vehicle at the time of the offense for which the vehicle
is subject to an immobilization and impoundment order issued 2,726
under division (A)(2) of this section. 2,727
(2) If a court is required to order the immobilization of 2,729
a vehicle for a specified period of time pursuant to division 2,730
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 2,731
pursuant to division (A)(2)(b) or, (3)(b), (6)(b), OR (7)(b) of 2,733
section 4511.99, pursuant to division (B)(1) or (2) or (C)(1) or 2,734
(2) of section 4507.361, or pursuant to division (B)(2)(a) or (b) 2,735
of section 4511.193 of the Revised Code, the court shall issue an 2,736
immobilization order, subject to section 4503.235 of the Revised 2,738
Code, in accordance with this division and for the period of time 2,739
specified in the particular division, and the immobilization
under the order shall be in accordance with this section. The 2,741
court, at the time of sentencing the offender for the offense 2,742
relative to which the immobilization order is issued or as soon 2,743
thereafter as is practicable, shall give a copy of the order to 2,744
the offender or the offender's counsel and to the vehicle owner 2,745
or the vehicle owner's counsel. The court promptly shall send a 2,746
copy of the order to the registrar on a form prescribed by the 2,747
registrar and to the person or agency it designates to execute
the order. 2,748
The order shall indicate the date on which it is issued, 2,750
shall identify the vehicle that is subject to the order, and 2,751
65
shall specify all of the following: 2,752
(a) The period of the immobilization; 2,754
(b) The place at which the court determines that the 2,756
immobilization shall be carried out, provided that the court 2,757
shall not determine and shall not specify that the immobilization 2,758
is to be carried out at any place other than a commercially 2,759
operated private storage lot, a place owned by a law enforcement 2,760
or other government agency, or a place to which one of the 2,761
following applies: 2,762
(i) The place is leased by or otherwise under the control 2,764
of a law enforcement or other government agency. 2,765
(ii) The place is owned by the offender, the offender's 2,767
spouse, or a parent or child of the offender. 2,768
(iii) The place is owned by a private person or entity, 2,770
and, prior to the issuance of the order, the private entity or 2,771
person that owns the place, or the authorized agent of that 2,772
private entity or person, has given express written consent for 2,773
the immobilization to be carried out at that place. 2,774
(iv) The place is a public street or highway on which the 2,776
vehicle is parked in accordance with the law. 2,777
(c) The person or agency designated by the court to 2,779
execute the order, which shall be either the law enforcement 2,780
agency that employs the law enforcement officer who seized the 2,781
vehicle, a bailiff of the court, another person the court 2,782
determines to be appropriate to execute the order, or the law 2,783
enforcement agency with jurisdiction over the place of residence 2,784
of the vehicle owner; 2,785
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 2,787
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 2,788
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 2,789
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 2,790
(3) The person or agency the court designates to 2,792
immobilize the vehicle shall seize or retain that vehicle's 2,793
license plates and forward them to the bureau of motor vehicles. 2,794
66
(4) In all cases, the vehicle owner shall be assessed an 2,797
immobilization fee of one hundred dollars, and the immobilization 2,798
fee shall be paid to the registrar before the vehicle may be 2,799
released to the vehicle, and that neither the registrar nor a 2,800
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 2,801
of the vehicle owner until the immobilization fee is paid owner. 2,802
Neither the registrar nor a deputy registrar shall accept an 2,803
application for the registration of any motor vehicle in the name 2,804
of the vehicle owner until the immobilization fee is paid. 2,805
(5) If the vehicle subject to the order is immobilized 2,808
pursuant to the order and is found being operated upon any street 2,809
or highway in this state during the immobilization period, it 2,810
shall be seized, removed from the street or highway, and 2,811
criminally forfeited and disposed of pursuant to section 4503.234 2,812
of the Revised Code.
the owner's 2,814
(6) The registrar shall deposit the immobilization fee 2,816
into the law enforcement reimbursement fund created by section 2,817
4501.19 of the Revised Code. Money in the fund shall be expended 2,818
only as provided in division (A)(6) of this section. If the 2,819
court designated in the order a court bailiff or another 2,820
appropriate person other than a law enforcement officer to 2,821
immobilize the vehicle, the amount of the fee deposited into the 2,822
law enforcement reimbursement fund shall be paid out to the 2,823
county treasury if the court that issued the order is a county 2,824
court, to the treasury of the municipal corporation served by the 2,825
court if the court that issued the order is a mayor's court, or 2,826
to the city treasury of the legislative authority of the court, 2,827
both as defined in section 1901.03 of the Revised Code, if the 2,828
court that issued the order is a municipal court. If the court 2,829
designated a law enforcement agency to immobilize the vehicle and 2,830
if the law enforcement agency immobilizes the vehicle, the amount 2,831
of the fee deposited into the law enforcement reimbursement fund 2,832
67
shall be paid out to the law enforcement agency to reimburse the 2,833
agency for the costs it incurs in obtaining immobilization 2,834
equipment and, if required, in sending an officer or other person 2,835
to search for and locate the vehicle specified in the 2,836
immobilization order and to immobilize the vehicle. 2,837
In addition to the immobilization fee required to be paid 2,839
under division (A)(4) of this section, the vehicle owner may be 2,841
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 2,842
(B) If a court issues an immobilization order under 2,845
division (A)(2) of this section, the person or agency designated 2,846
by the court to execute the immobilization order promptly shall 2,847
immobilize or continue the immobilization of the vehicle at the 2,848
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the 2,849
issuance of new identification license plates for the vehicle at 2,850
the end of the immobilization period the owner's until the 2,851
immobilization fee has been paid. 2,852
the owner's 2,854
(C) Upon receipt of the license plates for a vehicle under 2,856
this section, the registrar the registrar's shall destroy the 2,857
license plates. At the end of the immobilization period and upon 2,858
the payment of the immobilization fee that must be paid under 2,859
this section, the registrar shall authorize the release of the 2,860
vehicle and authorize the issuance, upon the payment of the same 2,861
fee as is required for the replacement of lost, mutilated, or 2,862
destroyed license plates and certificates of registration, of new 2,864
license plates and, if necessary, a new certificate of 2,865
registration to the vehicle owner for the vehicle in question. 2,866
(D)(1) If a court issues an immobilization order under 2,868
division (A) of this section, the immobilization period commences 2,870
on the day on which the vehicle in question is immobilized the 2,871
owner. If the vehicle in question had been seized under section 2,872
4507.38 or 4511.195 of the Revised Code, the time between the 2,873
68
seizure and the beginning of the immobilization period shall be 2,874
credited against the immobilization period specified in the 2,876
immobilization order issued under division (A) of this section. 2,877
No vehicle that is impounded under this section is eligible to 2,878
have special license plates of the type described in section 2,879
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 2,881
division (A) of this section, if the vehicle subject to the order 2,883
is immobilized under the order, and if the vehicle is found being 2,884
operated upon any street or highway of this state during the 2,885
immobilization period, it shall be seized, removed from the 2,886
street or highway, and criminally forfeited, and disposed of 2,887
pursuant to section 4503.234 of the Revised Code. No vehicle 2,888
that is forfeited under this provision shall be considered 2,889
contraband for purposes of section 2933.41, 2933.42, or 2933.43 2,890
of the Revised Code, but shall be held by the law enforcement 2,891
agency that employs the officer who seized it for disposal in 2,892
accordance with section 4503.234 of the Revised Code. 2,893
(3) If a court issues an immobilization order under 2,895
division (A) of this section, and if the vehicle is not claimed 2,897
within seven days after the end of the period of immobilization 2,898
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 2,900
vehicle shall send a written notice to the vehicle owner at the 2,901
vehicle owner's last known address informing the vehicle owner of 2,902
the date on which the period of immobilization ended, that the 2,903
owner the owner's the vehicle owner has twenty days after the 2,904
date of the notice to pay the immobilization fee and obtain the 2,906
release of the vehicle, and that if the owner the owner's the 2,907
vehicle owner does not pay the fee and obtain the release of the 2,908
vehicle within that twenty-day period, the vehicle will be 2,909
forfeited under section 4503.234 of the Revised Code to the 2,910
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 2,912
69
immobilization order issued under division (A) of this section 2,914
shall not sell the motor vehicle without approval of the court 2,915
that issued the order. If such an owner wishes to sell such a 2,916
the motor vehicle during the immobilization period, the owner 2,917
shall apply to the court that issued the immobilization order for 2,918
permission to assign the title to the vehicle. If the court is 2,920
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 2,921
this section, it may certify its consent to the owner and to the 2,922
registrar. Upon receipt of the court's consent, the registrar 2,923
shall enter the court's notice in the owner's vehicle license 2,924
plate registration record.
If, during a period of immobilization under an 2,926
immobilization order issued under division (A) of this section, 2,928
the title to the immobilized motor vehicle is transferred by the 2,929
foreclosure of a chattel mortgage, a sale upon execution, the 2,930
cancellation of a conditional sales contract, or an order of a 2,931
court, the involved court shall notify the registrar of the 2,932
action, and the registrar shall enter the court's notice in the 2,933
owner's vehicle license plate registration record. 2,934
Nothing in this section shall be construed as requiring the 2,936
registrar or the clerk of the court of common pleas to note upon 2,937
the certificate of title records any prohibition regarding the 2,938
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 2,940
immobilization order under division (A) of this section is 2,942
assigned or transferred without court approval between the time 2,943
of arrest of the person who was operating the vehicle at the time 2,944
of the offense for which such an order is to be issued and the 2,945
time of the actual immobilization of the vehicle, the court shall 2,946
order that, for a period of two years from the date of the order, 2,947
neither the registrar nor any deputy registrar shall accept an 2,948
application for the registration of any motor vehicle in the name 2,949
of the owner of the vehicle that was assigned or transferred 2,950
70
without court approval. The court shall notify the registrar of 2,951
the order on a form prescribed by the registrar for that purpose. 2,952
(E)(1) The court with jurisdiction over the case, after 2,954
notice to all interested parties including lienholders, and after 2,955
an opportunity for them to be heard, if the vehicle owner fails 2,956
to appear in person, without good cause, or if the court finds 2,957
that the vehicle owner does not intend to seek release of the 2,958
vehicle at the end of the period of immobilization or that the 2,959
vehicle owner is not or will not be able to pay the expenses and 2,960
charges incurred in its removal and storage, may order that title 2,961
to the vehicle be transferred, in order of priority, first into 2,962
the name of the entity entitled to the immobilization fee under 2,963
division (A)(6) of this section, next into the name of a 2,964
lienholder, or lastly, into the name of the owner of the place of 2,965
storage. 2,966
A lienholder that receives title under a court order shall 2,969
do so on the condition that it pay any expenses or charges 2,970
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 2,971
to the immobilization fee under division (A)(6) of this section, 2,972
it shall receive title on the condition that it pay any lien on 2,973
the vehicle. The court shall not order that title be transferred 2,974
to any person or entity other than the owner of the place of 2,975
storage if the person or entity refuses to receive the title. 2,976
Any person or entity that receives title may either keep title to 2,977
the vehicle or may dispose of the vehicle in any legal manner 2,978
that it considers appropriate, including assignment of the 2,979
certificate of title to the motor vehicle to a salvage dealer or 2,980
a scrap metal processing facility. The person or entity shall 2,981
not transfer the vehicle to the person who is the vehicle's 2,982
immediate previous owner. 2,983
If the person or entity assigns the motor vehicle to a 2,985
salvage dealer or scrap metal processing facility, the person or 2,987
entity shall send the assigned certificate of title to the motor 2,988
71
vehicle to the clerk of the court of common pleas of the county 2,989
in which the salvage dealer or scrap metal processing facility is 2,990
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 2,991
deliver a photocopy of the certificate of title to the salvage 2,992
dealer or scrap metal processing facility for its records. 2,993
(2) Whenever a court issues an order under division (E)(1) 2,995
of this section, the court also shall order removal of the 2,996
license plates from the vehicle and cause them to be sent to the 2,997
registrar if they have not already been sent to the registrar. 2,998
Thereafter, no further proceedings shall take place under this 2,999
section, but the vehicle owner remains liable for payment of the 3,000
immobilization fee described in division (A)(4) of this section 3,001
if an immobilization order previously had been issued by the 3,002
court.
(3) Prior to initiating a proceeding under division (E)(1) 3,004
of this section, and upon payment of the fee under division (B) 3,005
of section 4505.14 of the Revised Code, any interested party may 3,006
cause a search to be made of the public records of the bureau of 3,007
motor vehicles or the clerk of the court of common pleas, to 3,008
ascertain the identity of any lienholder of the vehicle. The 3,009
initiating party shall furnish this information to the clerk of 3,010
the court with jurisdiction over the case, and the clerk shall 3,012
provide notice to the vehicle owner, the defendant, any 3,013
lienholder, and any other interested parties listed by the 3,014
initiating party, at the last known address supplied by the 3,015
initiating party, by certified mail or, at the option of the 3,016
initiating party, by personal service or ordinary mail. 3,017
As used in this section, "interested party" includes the 3,019
vehicle owner, all lienholders, the defendant, the owner of the 3,020
place of storage, the person or entity that caused the vehicle to 3,021
be removed, and the person or entity, if any, entitled to the 3,022
immobilization fee under division (A)(6) of this section. 3,023
Sec. 4507.164. (A) Except as provided in divisions (C) to 3,032
72
(E) of this section, when the license of any person is suspended 3,033
or revoked pursuant to any provision of the Revised Code other 3,034
than division (B) of section 4507.16 of the Revised Code, the 3,036
trial judge may impound the identification license plates of any
motor vehicle registered in the name of the person. 3,037
(B)(1) When the license of any person is suspended or 3,039
revoked pursuant to division (B)(1) of section 4507.16 of the 3,040
Revised Code, the trial judge of the court of record or the mayor 3,041
of the mayor's court that suspended or revoked the license may 3,042
impound the identification license plates of any motor vehicle 3,043
registered in the name of the person. 3,044
(2) When the license of any person is suspended or revoked 3,046
pursuant to division (B)(2) or (3) of section 4507.16 of the 3,048
Revised Code, the trial judge of the court of record that 3,049
suspended or revoked the license shall order the impoundment of 3,050
the identification license plates of the motor vehicle the 3,051
offender was operating at the time of the offense and the 3,052
immobilization of that vehicle in accordance with section 3,053
4503.233 and division (A)(2) or, (3), (6), OR (7) of section 3,056
4511.99 or division (B)(2)(a) or (b) of section 4511.193 of the 3,057
Revised Code and may impound the identification license plates of 3,058
any other motor vehicle registered in the name of the person 3,059
whose license is suspended or revoked. 3,060
(3) When the license of any person is suspended or revoked 3,062
pursuant to division (B)(4) of section 4507.16 of the Revised 3,064
Code, the trial judge of the court of record that suspended or 3,065
revoked the license shall order the criminal forfeiture to the 3,066
state of the motor vehicle the offender was operating at the time 3,067
of the offense in accordance with section 4503.234 and division 3,068
(A)(4) OR (8) of section 4511.99 or division (B)(2)(c) of section 3,070
4511.193 of the Revised Code and may impound the identification 3,071
license plates of any other motor vehicle registered in the name 3,072
of the person whose license is suspended or revoked. 3,073
(C)(1) When a person is convicted of or pleads guilty to a 3,075
73
violation of division (D)(2) of section 4507.02 of the Revised 3,076
Code or a substantially equivalent municipal ordinance and 3,077
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 3,078
(2) of section 4507.36 of the Revised Code applies, the trial 3,079
judge of the court of record or the mayor of the mayor's court 3,080
that imposes sentence shall order the immobilization of the 3,081
vehicle the person was operating at the time of the offense and 3,082
the impoundment of its identification license plates in 3,083
accordance with section 4503.233 and division (B)(1) or (2) of 3,084
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 3,085
the Revised Code and may impound the identification license 3,086
plates of any other vehicle registered in the name of that 3,087
person. 3,088
(2) When a person is convicted of or pleads guilty to a 3,090
violation of division (D)(2) of section 4507.02 of the Revised 3,091
Code or a substantially equivalent municipal ordinance and 3,092
division (B)(3) of section 4507.99 or division (C)(3) of section 3,093
4507.361 of the Revised Code applies, the trial judge of the 3,094
court of record that imposes sentence shall order the criminal 3,095
forfeiture to the state of the vehicle the person was operating 3,096
at the time of the offense in accordance with section 4503.234 3,097
and division (B)(3) of section 4507.99 or division (C)(3) of 3,098
section 4507.361 of the Revised Code and may impound the 3,099
identification license plates of any other vehicle registered in 3,100
the name of that person. 3,101
(D)(1) When a person is convicted of or pleads guilty to a 3,103
violation of division (B)(1) of section 4507.02 of the Revised 3,104
Code or a substantially equivalent municipal ordinance and 3,105
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 3,106
(2) of section 4507.361 of the Revised Code applies, the trial 3,107
judge of the court of record or the mayor of the mayor's court 3,108
that imposes sentence shall order the immobilization of the 3,109
vehicle the person was operating at the time of the offense and 3,110
the impoundment of its identification license plates in 3,111
74
accordance with section 4503.233 and division (C)(1) or (2) of 3,112
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 3,113
the Revised Code and may impound the identification license 3,114
plates of any other vehicle registered in the name of that 3,115
person. 3,116
(2) When a person is convicted of or pleads guilty to a 3,118
violation of division (B)(1) of section 4507.02 of the Revised 3,119
Code or a substantially equivalent municipal ordinance and 3,120
division (C)(3) of section 4507.99 or division (B)(3) of section 3,121
4507.361 of the Revised Code applies, the trial judge of the 3,122
court of RECORD that imposes sentence shall order the criminal 3,123
forfeiture to the state of the vehicle the person was operating 3,124
at the time of the offense in accordance with section 4503.234 3,125
and division (C)(3) of section 4507.99 or division (B)(3) of 3,126
section 4507.361 of the Revised Code and may impound the 3,127
identification license plates of any other vehicle registered in 3,128
the name of that person. 3,129
(E)(1) When a person is convicted of or pleads guilty to a 3,131
violation of section 4507.33 of the Revised Code and the person 3,132
is sentenced pursuant to division (E)(1) of section 4507.99 of 3,133
the Revised Code, the trial judge of the court of record or the 3,134
mayor of the mayor's court that imposes sentence shall order the 3,135
immobilization of the vehicle that was involved in the commission 3,136
of the offense and the impoundment of its identification license 3,137
plates in accordance with division (E)(1) of section 4507.99 and 3,138
section 4503.233 of the Revised Code and may impound the 3,139
identification license plates of any other vehicle registered in 3,140
the name of that person. 3,141
(2) When a person is convicted of or pleads guilty to a 3,143
violation of section 4507.33 of the Revised Code and the person 3,144
is sentenced pursuant to division (E)(2) of section 4507.99 of 3,145
the Revised Code, the trial judge of the court of record or the 3,146
mayor of the mayor's court that imposes sentence shall order the 3,147
criminal forfeiture to the state of the vehicle that was involved 3,148
75
in the commission of the offense in accordance with division 3,149
(E)(2) of section 4507.99 and section 4503.234 of the Revised 3,150
Code and may impound the identification license plates of any 3,151
other vehicle registered in the name of that person. 3,152
(F) Except as provided in section 4503.233 or 4503.234 of 3,154
the Revised Code, when the certificate of registration, the 3,155
identification license plates, or both have been impounded, 3,156
division (F) of section 4507.02 of the Revised Code is 3,157
applicable. 3,158
Sec. 4511.19. (A) No person shall operate any vehicle, 3,167
streetcar, or trackless trolley within this state, if any of the 3,168
following apply: 3,169
(1) The person is under the influence of alcohol, a drug 3,171
of abuse, or alcohol and a drug of abuse; 3,172
(2) The person has a concentration of ten-hundredths of 3,174
one per cent or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE 3,176
PER CENT by weight of alcohol in his THE PERSON'S blood; 3,178
(3) The person has a concentration of ten-hundredths of 3,180
one gram or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE GRAM 3,181
by weight of alcohol per two hundred ten liters of his THE 3,183
PERSON'S breath;
(4) The person has a concentration of fourteen-hundredths 3,185
of one gram or more BUT LESS THAN TWO HUNDRED 3,187
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM by weight of alcohol per one 3,188
hundred milliliters of his THE PERSON'S urine; 3,189
(5) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 3,192
OF ONE PER CENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S 3,193
BLOOD;
(6) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 3,196
OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL PER TWO HUNDRED TEN 3,197
LITERS OF THE PERSON'S BREATH;
(7) THE PERSON HAS A CONCENTRATION OF TWO HUNDRED 3,199
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL 3,200
PER ONE HUNDRED MILLILITERS OF THE PERSON'S URINE. 3,201
76
(B) No person under twenty-one years of age shall operate 3,203
any vehicle, streetcar, or trackless trolley within this state, 3,204
if any of the following apply: 3,205
(1) The person has a concentration of at least 3,207
two-hundredths of one per cent but less than ten-hundredths of 3,208
one per cent by weight of alcohol in his THE PERSON'S blood; 3,209
(2) The person has a concentration of at least 3,211
two-hundredths of one gram but less than ten-hundredths of one 3,212
gram by weight of alcohol per two hundred ten liters of his THE 3,213
PERSON'S breath; 3,214
(3) The person has a concentration of at least 3,216
twenty-eight one-thousandths of one gram but less than 3,217
fourteen-hundredths of one gram by weight of alcohol per one 3,218
hundred milliliters of his THE PERSON'S urine. 3,219
(C) In any proceeding arising out of one incident, a 3,221
person may be charged with a violation of division (A)(1) and a 3,222
violation of division (B)(1), (2), or (3) of this section, but he 3,223
THE PERSON may not be convicted of more than one violation of 3,225
these divisions. 3,226
(D)(1) In any criminal prosecution or juvenile court 3,228
proceeding for a violation of this section, of a municipal 3,229
ordinance relating to operating a vehicle while under the 3,230
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,231
abuse, or of a municipal ordinance relating to operating a 3,232
vehicle with a prohibited concentration of alcohol in the blood, 3,233
breath, or urine, the court may admit evidence on the 3,234
concentration of alcohol, drugs of abuse, or alcohol and drugs of 3,235
abuse in the defendant's blood, breath, urine, or other bodily 3,236
substance at the time of the alleged violation as shown by 3,237
chemical analysis of the defendant's blood, urine, breath, or 3,238
other bodily substance withdrawn within two hours of the time of 3,239
the alleged violation. 3,240
When a person submits to a blood test at the request of a 3,242
police officer under section 4511.191 of the Revised Code, only a 3,243
77
physician, a registered nurse, or a qualified technician or 3,244
chemist shall withdraw blood for the purpose of determining its 3,245
alcohol, drug, or alcohol and drug content. This limitation does 3,246
not apply to the taking of breath or urine specimens. A 3,247
physician, a registered nurse, or a qualified technician or 3,248
chemist may refuse to withdraw blood for the purpose of 3,249
determining the alcohol, drug, or alcohol and drug content of the 3,250
blood, if in his THE opinion OF THE PHYSICIAN, NURSE, TECHNICIAN, 3,252
OR CHEMIST the physical welfare of the person would be endangered 3,253
by the withdrawing of blood.
Such bodily substance shall be analyzed in accordance with 3,255
methods approved by the director of health by an individual 3,256
possessing a valid permit issued by the director of health 3,257
pursuant to section 3701.143 of the Revised Code. 3,258
(2) In a criminal prosecution or juvenile court proceeding 3,260
for a violation of division (A) of this section, of a municipal 3,261
ordinance relating to operating a vehicle while under the 3,262
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,263
abuse, or of a municipal ordinance substantially equivalent to 3,264
division (A) of this section relating to operating a vehicle with 3,265
a prohibited concentration of alcohol in the blood, breath, or 3,266
urine, if there was at the time the bodily substance was 3,267
withdrawn a concentration of less than ten-hundredths of one per 3,268
cent by weight of alcohol in the defendant's blood, less than 3,269
ten-hundredths of one gram by weight of alcohol per two hundred 3,270
ten liters of his THE DEFENDANT'S breath, or less than 3,271
fourteen-hundredths of one gram by weight of alcohol per one 3,273
hundred milliliters of his THE DEFENDANT'S urine, such fact may 3,275
be considered with other competent evidence in determining the 3,276
guilt or innocence of the defendant. This division does not 3,277
limit or affect a criminal prosecution or juvenile court 3,278
proceeding for a violation of division (B) of this section or of 3,279
a municipal ordinance substantially equivalent to division (B) of 3,280
this section relating to operating a vehicle with a prohibited 3,281
78
concentration of alcohol in the blood, breath, or urine. 3,282
(3) Upon the request of the person who was tested, the 3,284
results of the chemical test shall be made available to him, his 3,285
THE PERSON OR THE PERSON'S attorney, or his agent, immediately 3,287
upon the completion of the chemical test analysis. 3,288
The person tested may have a physician, a registered nurse, 3,290
or a qualified technician or chemist of his THE PERSON'S own 3,291
choosing administer a chemical test or tests in addition to any 3,293
administered at the request of a police officer, and shall be so 3,294
advised. The failure or inability to obtain an additional 3,295
chemical test by a person shall not preclude the admission of 3,296
evidence relating to the chemical test or tests taken at the 3,297
request of a police officer. 3,298
(4) Any physician, registered nurse, or qualified 3,300
technician or chemist who withdraws blood from a person pursuant 3,301
to this section, and any hospital, first-aid station, or clinic 3,302
at which blood is withdrawn from a person pursuant to this 3,303
section, is immune from criminal liability, and from civil 3,304
liability that is based upon a claim of assault and battery or 3,305
based upon any other claim that is not in the nature of a claim 3,306
of malpractice, for any act performed in withdrawing blood from 3,307
the person. 3,308
Sec. 4511.191. (A) Any person who operates a vehicle upon 3,317
a highway or any public or private property used by the public 3,318
for vehicular travel or parking within this state shall be deemed 3,319
to have given consent to a chemical test or tests of the person's 3,321
blood, breath, or urine for the purpose of determining the 3,322
alcohol, drug, or alcohol and drug content of the person's blood, 3,323
breath, or urine if arrested for operating a vehicle while under 3,325
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,326
of abuse or for operating a vehicle with a prohibited 3,327
concentration of alcohol in the blood, breath, or urine. The 3,328
chemical test or tests shall be administered at the request of a 3,329
police officer having reasonable grounds to believe the person to 3,330
79
have been operating a vehicle upon a highway or any public or 3,331
private property used by the public for vehicular travel or 3,332
parking in this state while under the influence of alcohol, a 3,333
drug of abuse, or alcohol and a drug of abuse or with a 3,334
prohibited concentration of alcohol in the blood, breath, or 3,335
urine. The law enforcement agency by which the officer is 3,336
employed shall designate which of the tests shall be
administered. 3,337
(B) Any person who is dead or unconscious, or who is 3,339
otherwise in a condition rendering the person incapable of 3,340
refusal, shall be deemed not to have withdrawn consent as 3,342
provided by division (A) of this section and the test or tests 3,343
may be administered, subject to sections 313.12 to 313.16 of the 3,344
Revised Code. 3,345
(C)(1) Any person under arrest for operating a vehicle 3,347
while under the influence of alcohol, a drug of abuse, or alcohol 3,348
and a drug of abuse or for operating a vehicle with a prohibited 3,349
concentration of alcohol in the blood, breath, or urine shall be 3,350
advised at a police station, or at a hospital, first-aid station, 3,351
or clinic to which the person has been taken for first-aid or 3,352
medical treatment, of both of the following: 3,353
(a) The consequences, as specified in division (E) of this 3,355
section, of the person's refusal to submit upon request to a 3,356
chemical test designated by the law enforcement agency as 3,358
provided in division (A) of this section; 3,359
(b) The consequences, as specified in division (F) of this 3,361
section, of the person's submission to the designated chemical 3,363
test if the person is found to have a prohibited concentration of 3,364
alcohol in the blood, breath, or urine. 3,365
(2)(a) The advice given pursuant to division (C)(1) of 3,367
this section shall be in a written form containing the 3,368
information described in division (C)(2)(b) of this section and 3,369
shall be read to the person. The form shall contain a statement 3,370
that the form was shown to the person under arrest and read to 3,371
80
the person in the presence of the arresting officer and either 3,373
another police officer, a civilian police employee, or an 3,374
employee of a hospital, first-aid station, or clinic, if any, to 3,375
which the person has been taken for first-aid or medical 3,376
treatment. The witnesses shall certify to this fact by signing 3,377
the form.
(b) The form required by division (C)(2)(a) of this 3,379
section shall read as follows: 3,380
"You now are under arrest for operating a vehicle while 3,382
under the influence of alcohol, a drug of abuse, or both alcohol 3,383
and a drug of abuse and will be requested by a police officer to 3,384
submit to a chemical test to determine the concentration of 3,385
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 3,386
blood, breath, or urine. 3,387
If you refuse to submit to the requested test or if you 3,389
submit to the requested test and are found to have a prohibited 3,390
concentration of alcohol in your blood, breath, or urine, your 3,391
driver's or commercial driver's license or permit or nonresident 3,392
operating privilege immediately will be suspended for the period 3,393
of time specified by law by the officer, on behalf of the 3,394
registrar of motor vehicles. You may appeal this suspension at 3,395
your initial appearance before the court that hears the charges 3,396
against you resulting from the arrest, and your initial 3,397
appearance will be conducted no later than five days after the 3,398
arrest. This suspension is independent of the penalties for the 3,399
offense, and you may be subject to other penalties upon 3,400
conviction." 3,401
(D)(1) If a person under arrest as described in division 3,403
(C)(1) of this section is not asked by a police officer to submit 3,404
to a chemical test designated as provided in division (A) of this 3,405
section, the arresting officer shall seize the Ohio or 3,406
out-of-state driver's or commercial driver's license or permit of 3,407
the person and immediately forward the seized license or permit 3,408
to the court in which the arrested person is to appear on the 3,409
81
charge for which the person was arrested. If the arrested person 3,410
does not have the person's driver's or commercial driver's 3,411
license or permit on the person's self or in the person's 3,412
vehicle, the arresting officer shall order the arrested person to 3,414
surrender it to the law enforcement agency that employs the 3,416
officer within twenty-four hours after the arrest, and, upon the 3,417
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 3,419
person is to appear on the charge for which the person was 3,420
arrested. Upon receipt of the license or permit, the court shall 3,422
retain it pending the initial appearance of the arrested person 3,423
and any action taken under section 4511.196 of the Revised Code. 3,424
If a person under arrest as described in division (C)(1) of 3,426
this section is asked by a police officer to submit to a chemical 3,427
test designated as provided in division (A) of this section and 3,428
is advised of the consequences of the person's refusal or 3,429
submission as provided in division (C) of this section and if the 3,430
person either refuses to submit to the designated chemical test 3,431
or the person submits to the designated chemical test and the 3,432
test results indicate that the person's blood contained a 3,433
concentration of ten-hundredths of one per cent or more by weight 3,434
of alcohol, the person's breath contained a concentration of 3,435
ten-hundredths of one gram or more by weight of alcohol per two 3,436
hundred ten liters of the person's breath, or the person's urine 3,437
contained a concentration of fourteen-hundredths of one gram or 3,439
more by weight of alcohol per one hundred milliliters of the 3,440
person's urine at the time of the alleged offense, the arresting 3,442
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 3,444
suspension upon the person that advises the person that, 3,445
independent of any penalties or sanctions imposed upon the person 3,447
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 3,449
license or permit or nonresident operating privilege is 3,450
82
suspended, that the suspension takes effect immediately, that the 3,451
suspension will last at least until the person's initial 3,452
appearance on the charge that will be held within five days after 3,454
the date of the person's arrest or the issuance of a citation to 3,456
the person, and that the person may appeal the suspension at the 3,458
initial appearance; seize the Ohio or out-of-state driver's or 3,459
commercial driver's license or permit of the person; and 3,460
immediately forward the seized license or permit to the 3,461
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 3,462
self or in the person's vehicle, the arresting officer shall 3,464
order the person to surrender it to the law enforcement agency 3,465
that employs the officer within twenty-four hours after the 3,466
service of the notice of suspension, and, upon the surrender, the 3,467
officer's employing agency immediately shall forward the license 3,468
or permit to the registrar. 3,469
(b) Verify the current residence of the person and, if it 3,471
differs from that on the person's driver's or commercial driver's 3,472
license or permit, notify the registrar of the change; 3,473
(c) In addition to forwarding the arrested person's 3,475
driver's or commercial driver's license or permit to the 3,476
registrar, send to the registrar, within forty-eight hours after 3,477
the arrest of the person, a sworn report that includes all of the 3,478
following statements: 3,479
(i) That the officer had reasonable grounds to believe 3,481
that, at the time of the arrest, the arrested person was 3,482
operating a vehicle upon a highway or public or private property 3,483
used by the public for vehicular travel or parking within this 3,484
state while under the influence of alcohol, a drug of abuse, or 3,485
alcohol and a drug of abuse or with a prohibited concentration of 3,486
alcohol in the blood, breath, or urine; 3,487
(ii) That the person was arrested and charged with 3,489
operating a vehicle while under the influence of alcohol, a drug 3,490
of abuse, or alcohol and a drug of abuse or with operating a 3,491
83
vehicle with a prohibited concentration of alcohol in the blood, 3,492
breath, or urine; 3,493
(iii) That the officer asked the person to take the 3,495
designated chemical test, advised the person of the consequences 3,496
of submitting to the chemical test or refusing to take the 3,497
chemical test, and gave the person the form described in division 3,498
(C)(2) of this section; 3,499
(iv) That the person refused to submit to the chemical 3,501
test or that the person submitted to the chemical test and the 3,502
test results indicate that the person's blood contained a 3,503
concentration of ten-hundredths of one per cent or more by weight 3,505
of alcohol, the person's breath contained a concentration of 3,506
ten-hundredths of one gram or more by weight of alcohol per two 3,507
hundred ten liters of the person's breath, or the person's urine 3,508
contained a concentration of fourteen-hundredths of one gram or 3,510
more by weight of alcohol per one hundred milliliters of the 3,511
person's urine at the time of the alleged offense; 3,513
(v) That the officer served a notice of suspension upon 3,515
the person as described in division (D)(1)(a) of this section. 3,516
(2) The sworn report of an arresting officer completed 3,518
under division (D)(1)(c) of this section shall be given by the 3,519
officer to the arrested person at the time of the arrest or sent 3,520
to the person by regular first class mail by the registrar as 3,521
soon thereafter as possible, but no later than fourteen days 3,522
after receipt of the report. An arresting officer may give an 3,523
unsworn report to the arrested person at the time of the arrest 3,524
provided the report is complete when given to the arrested person 3,525
and subsequently is sworn to by the arresting officer. As soon 3,526
as possible, but no later than forty-eight hours after the arrest 3,527
of the person, the arresting officer shall send a copy of the 3,528
sworn report to the court in which the arrested person is to 3,529
appear on the charge for which the person was arrested. 3,530
(3) The sworn report of an arresting officer completed and 3,532
sent to the registrar and the court under divisions (D)(1)(c) and 3,533
84
(D)(2) of this section is prima-facie proof of the information 3,534
and statements that it contains and shall be admitted and 3,535
considered as prima-facie proof of the information and statements 3,536
that it contains in any appeal under division (H) of this section 3,537
relative to any suspension of a person's driver's or commercial 3,538
driver's license or permit or nonresident operating privilege 3,539
that results from the arrest covered by the report. 3,540
(E)(1) Upon receipt of the sworn report of an arresting 3,542
officer completed and sent to the registrar and a court pursuant 3,543
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,544
person who refused to take the designated chemical test, the 3,545
registrar shall enter into the registrar's records the fact that 3,547
the person's driver's or commercial driver's license or permit or 3,548
nonresident operating privilege was suspended by the arresting 3,549
officer under division (D)(1)(a) of this section and the period 3,550
of the suspension, as determined under divisions (E)(1)(a) to (d) 3,551
of this section. The suspension shall be subject to appeal as 3,552
provided in this section and shall be for whichever of the 3,553
following periods applies: 3,554
(a) If the arrested person, within five years of the date 3,556
on which the person refused the request to consent to the 3,557
chemical test, had not refused a previous request to consent to a 3,559
chemical test of the person's blood, breath, or urine to 3,560
determine its alcohol content, the period of suspension shall be 3,562
one year. If the person is a resident without a license or 3,563
permit to operate a vehicle within this state, the registrar 3,564
shall deny to the person the issuance of a driver's or commercial 3,565
driver's license or permit for a period of one year after the 3,566
date of the alleged violation.
(b) If the arrested person, within five years of the date 3,568
on which the person refused the request to consent to the 3,569
chemical test, had refused one previous request to consent to a 3,571
chemical test of the person's blood, breath, or urine to 3,572
determine its alcohol content, the period of suspension or denial 3,574
85
shall be two years.
(c) If the arrested person, within five years of the date 3,576
on which the person refused the request to consent to the 3,577
chemical test, had refused two previous requests to consent to a 3,579
chemical test of the person's blood, breath, or urine to 3,580
determine its alcohol content, the period of suspension or denial 3,582
shall be three years.
(d) If the arrested person, within five years of the date 3,584
on which the person refused the request to consent to the 3,585
chemical test, had refused three or more previous requests to 3,587
consent to a chemical test of the person's blood, breath, or 3,588
urine to determine its alcohol content, the period of suspension 3,590
or denial shall be five years. 3,591
(2) The suspension or denial imposed under division (E)(1) 3,593
of this section shall continue for the entire one-year, two-year, 3,594
three-year, or five-year period, subject to appeal as provided in 3,595
this section and subject to termination as provided in division 3,596
(K) of this section. 3,597
(F) Upon receipt of the sworn report of an arresting 3,599
officer completed and sent to the registrar and a court pursuant 3,600
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,601
person whose test results indicate that the person's blood 3,602
contained a concentration of ten-hundredths of one per cent or 3,604
more by weight of alcohol, the person's breath contained a 3,605
concentration of ten-hundredths of one gram or more by weight of 3,606
alcohol per two hundred ten liters of the person's breath, or the 3,608
person's urine contained a concentration of fourteen-hundredths 3,609
of one gram or more by weight of alcohol per one hundred 3,610
milliliters of the person's urine at the time of the alleged 3,611
offense, the registrar shall enter into the registrar's records 3,612
the fact that the person's driver's or commercial driver's 3,614
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 3,615
this section and the period of the suspension, as determined 3,616
86
under divisions (F)(1) to (4) of this section. The suspension 3,617
shall be subject to appeal as provided in this section and shall 3,618
be for whichever of the following periods that applies: 3,619
(1) Except when division (F)(2), (3), or (4) of this 3,621
section applies and specifies a different period of suspension or 3,622
denial, the period of the suspension or denial shall be ninety 3,623
days.
(2) If the person has been convicted, within six years of 3,625
the date the test was conducted, of one violation of division (A) 3,628
or (B) of section 4511.19 of the Revised Code, a municipal 3,629
ordinance relating to operating a vehicle while under the 3,630
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,631
abuse, a municipal ordinance relating to operating a vehicle with 3,632
a prohibited concentration of alcohol in the blood, breath, or 3,633
urine, section 2903.04 of the Revised Code in a case in which the 3,634
offender was subject to the sanctions described in division (D) 3,635
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,636
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 3,637
the jury or judge found that at the time of the commission of the 3,638
offense the offender was under the influence of alcohol, a drug 3,639
of abuse, or alcohol and a drug of abuse, or a statute of the 3,640
United States or of any other state or a municipal ordinance of a 3,641
municipal corporation located in any other state that is 3,642
substantially similar to division (A) or (B) of section 4511.19 3,643
of the Revised Code, the period of the suspension or denial shall 3,644
be one year.
(3) If the person has been convicted, within six years of 3,646
the date the test was conducted, of two violations of a statute 3,647
or ordinance described in division (F)(2) of this section, the 3,649
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 3,651
the date the test was conducted, of more than two violations of a 3,652
statute or ordinance described in division (F)(2) of this 3,653
87
section, the period of the suspension or denial shall be three 3,654
years. 3,655
(G)(1) A suspension of a person's driver's or commercial 3,657
driver's license or permit or nonresident operating privilege 3,658
under division (D)(1)(a) of this section for the period of time 3,659
described in division (E) or (F) of this section is effective 3,660
immediately from the time at which the arresting officer serves 3,661
the notice of suspension upon the arrested person. Any 3,662
subsequent finding that the person is not guilty of the charge 3,663
that resulted in the person being requested to take, or in the 3,665
person taking, the chemical test or tests under division (A) of 3,666
this section affects the suspension only as described in division 3,667
(H)(2) of this section. 3,668
(2) If a person is arrested for operating a vehicle while 3,670
under the influence of alcohol, a drug of abuse, or alcohol and a 3,671
drug of abuse or for operating a vehicle with a prohibited 3,672
concentration of alcohol in the blood, breath, or urine and 3,673
regardless of whether the person's driver's or commercial 3,674
driver's license or permit or nonresident operating privilege is 3,675
or is not suspended under division (E) or (F) of this section, 3,676
the person's initial appearance on the charge resulting from the 3,677
arrest shall be held within five days of the person's arrest or 3,678
the issuance of the citation to the person, subject to any 3,679
continuance granted by the court pursuant to division (H)(1) of 3,681
this section regarding the issues specified in that division. 3,682
(H)(1) If a person is arrested for operating a vehicle 3,684
while under the influence of alcohol, a drug of abuse, or alcohol 3,685
and a drug of abuse or for operating a vehicle with a prohibited 3,686
concentration of alcohol in the blood, breath, or urine and if 3,687
the person's driver's or commercial driver's license or permit or 3,688
nonresident operating privilege is suspended under division (E) 3,689
or (F) of this section, the person may appeal the suspension at 3,690
the person's initial appearance on the charge resulting from the 3,693
arrest in the court in which the person will appear on that 3,694
88
charge. If the person appeals the suspension at the person's 3,695
initial appearance, the appeal does not stay the operation of the 3,696
suspension. Subject to division (H)(2) of this section, no court 3,697
has jurisdiction to grant a stay of a suspension imposed under 3,698
division (E) or (F) of this section, and any order issued by any 3,699
court that purports to grant a stay of any suspension imposed 3,700
under either of those divisions shall not be given administrative 3,701
effect.
If the person appeals the suspension at the person's 3,703
initial appearance, either the person or the registrar may 3,704
request a continuance of the appeal. Either the person or the 3,706
registrar shall make the request for a continuance of the appeal 3,707
at the same time as the making of the appeal. If either the 3,708
person or the registrar requests a continuance of the appeal, the 3,709
court may grant the continuance. The court also may continue the 3,710
appeal on its own motion. The granting of a continuance applies 3,711
only to the conduct of the appeal of the suspension and does not 3,712
extend the time within which the initial appearance must be 3,713
conducted, and the court shall proceed with all other aspects of 3,714
the initial appearance in accordance with its normal procedures. 3,715
Neither the request for nor the granting of a continuance stays 3,716
the operation of the suspension that is the subject of the 3,717
appeal.
If the person appeals the suspension at the person's 3,719
initial appearance, the scope of the appeal is limited to 3,720
determining whether one or more of the following conditions have 3,721
not been met: 3,722
(a) Whether the law enforcement officer had reasonable 3,724
ground to believe the arrested person was operating a vehicle 3,725
upon a highway or public or private property used by the public 3,726
for vehicular travel or parking within this state while under the 3,727
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,728
abuse or with a prohibited concentration of alcohol in the blood, 3,729
breath, or urine and whether the arrested person was in fact 3,730
89
placed under arrest; 3,731
(b) Whether the law enforcement officer requested the 3,733
arrested person to submit to the chemical test designated 3,734
pursuant to division (A) of this section; 3,735
(c) Whether the arresting officer informed the arrested 3,737
person of the consequences of refusing to be tested or of 3,738
submitting to the test; 3,739
(d) Whichever of the following is applicable: 3,741
(i) Whether the arrested person refused to submit to the 3,743
chemical test requested by the officer; 3,744
(ii) Whether the chemical test results indicate that the 3,746
arrested person's blood contained a concentration of 3,747
ten-hundredths of one per cent or more by weight of alcohol, the 3,749
person's breath contained a concentration of ten-hundredths of 3,751
one gram or more by weight of alcohol per two hundred ten liters 3,752
of the person's breath, or the person's urine contained a 3,753
concentration of fourteen-hundredths of one gram or more by 3,755
weight of alcohol per one hundred milliliters of the person's 3,756
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 3,758
appearance, the judge or referee of the court or the mayor of the 3,759
mayor's court shall determine whether one or more of the 3,760
conditions specified in divisions (H)(1)(a) to (d) of this 3,761
section have not been met. The person who appeals the suspension 3,762
has the burden of proving, by a preponderance of the evidence, 3,763
that one or more of the specified conditions has not been met. 3,764
If during the appeal at the initial appearance the judge or 3,765
referee of the court or the mayor of the mayor's court determines 3,766
that all of those conditions have been met, the judge, referee, 3,767
or mayor shall uphold the suspension, shall continue the 3,768
suspension, and shall notify the registrar of the decision on a 3,769
form approved by the registrar. Except as otherwise provided in 3,770
division (H)(2) of this section, if the suspension is upheld or 3,771
if the person does not appeal the suspension at the person's 3,772
90
initial appearance under division (H)(1) of this section, the 3,773
suspension shall continue until the complaint alleging the 3,774
violation for which the person was arrested and in relation to 3,775
which the suspension was imposed is adjudicated on the merits by 3,776
the judge or referee of the trial court or by the mayor of the 3,777
mayor's court. If the suspension was imposed under division (E) 3,778
of this section and it is continued under this division, any 3,779
subsequent finding that the person is not guilty of the charge 3,780
that resulted in the person being requested to take the chemical 3,781
test or tests under division (A) of this section does not 3,782
terminate or otherwise affect the suspension. If the suspension 3,783
was imposed under division (F) of this section and it is 3,784
continued under this division, the suspension shall terminate if, 3,785
for any reason, the person subsequently is found not guilty of 3,786
the charge that resulted in the person taking the chemical test 3,787
or tests under division (A) of this section. 3,788
If, during the appeal at the initial appearance, the judge 3,790
or referee of the trial court or the mayor of the mayor's court 3,791
determines that one or more of the conditions specified in 3,792
divisions (H)(1)(a) to (d) of this section have not been met, the 3,793
judge, referee, or mayor shall terminate the suspension, subject 3,794
to the imposition of a new suspension under division (B) of 3,795
section 4511.196 of the Revised Code; shall notify the registrar 3,796
of the decision on a form approved by the registrar; and, except 3,797
as provided in division (B) of section 4511.196 of the Revised 3,799
Code, shall order the registrar to return the driver's or 3,800
commercial driver's license or permit to the person or to take 3,801
such measures as may be necessary, if the license or permit was 3,802
destroyed under section 4507.55 of the Revised Code, to permit 3,803
the person to obtain a replacement driver's or commercial 3,804
driver's license or permit from the registrar or a deputy 3,805
registrar in accordance with that section. The court also shall 3,806
issue to the person a court order, valid for not more than ten 3,807
days from the date of issuance, granting the person operating 3,808
91
privileges for that period of time.
If the person appeals the suspension at the initial 3,810
appearance, the registrar shall be represented by the prosecuting 3,811
attorney of the county in which the arrest occurred if the 3,812
initial appearance is conducted in a juvenile court or county 3,813
court, except that if the arrest occurred within a city or 3,814
village within the jurisdiction of the county court in which the 3,815
appeal is conducted, the city director of law or village 3,816
solicitor of that city or village shall represent the registrar. 3,817
If the appeal is conducted in a municipal court, the registrar 3,818
shall be represented as provided in section 1901.34 of the 3,819
Revised Code. If the appeal is conducted in a mayor's court, the 3,820
registrar shall be represented by the city director of law, 3,821
village solicitor, or other chief legal officer of the municipal 3,822
corporation that operates that mayor's court. 3,823
(I)(1) If a person's driver's or commercial driver's 3,825
license or permit or nonresident operating privilege has been 3,826
suspended pursuant to division (E) of this section, and the 3,827
person, within the preceding seven years, has refused three 3,828
previous requests to consent to a chemical test of the person's 3,830
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 3,831
of division (A) or (B) of section 4511.19 of the Revised Code, a 3,832
municipal ordinance relating to operating a vehicle while under 3,833
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,834
of abuse, a municipal ordinance relating to operating a vehicle 3,835
with a prohibited concentration of alcohol in the blood, breath, 3,836
or urine, section 2903.04 of the Revised Code in a case in which 3,837
the person was subject to the sanctions described in division (D) 3,838
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,839
Revised Code or a municipal ordinance that is substantially 3,840
similar to section 2903.07 of the Revised Code in a case in which 3,841
the jury or judge found that the person was under the influence 3,842
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,843
92
statute of the United States or of any other state or a municipal 3,844
ordinance of a municipal corporation located in any other state 3,845
that is substantially similar to division (A) or (B) of section 3,846
4511.19 of the Revised Code, the person is not entitled to 3,847
request, and the court shall not grant to the person, 3,848
occupational driving privileges under this division. Any other 3,849
person whose driver's or commercial driver's license or 3,850
nonresident operating privilege has been suspended pursuant to 3,851
division (E) of this section may file a petition requesting 3,852
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 3,853
is a minor, juvenile court with jurisdiction over the related 3,855
criminal or delinquency case. The petition may be filed at any 3,856
time subsequent to the date on which the notice of suspension is 3,857
served upon the arrested person. The person shall pay the costs 3,858
of the proceeding, notify the registrar of the filing of the 3,859
petition, and send the registrar a copy of the petition. 3,860
In the proceedings, the registrar shall be represented by 3,862
the prosecuting attorney of the county in which the arrest 3,863
occurred if the petition is filed in the juvenile court, county 3,864
court, or common pleas court, except that, if the arrest occurred 3,865
within a city or village within the jurisdiction of the county 3,867
court in which the petition is filed, the city director of law or 3,868
village solicitor of that city or village shall represent the 3,869
registrar. If the petition is filed in the municipal court, the 3,870
registrar shall be represented as provided in section 1901.34 of 3,871
the Revised Code. If the petition is filed in a mayor's court, 3,872
the registrar shall be represented by the city director of law, 3,873
village solicitor, or other chief legal officer of the municipal 3,874
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 3,876
suspension would seriously affect the person's ability to 3,877
continue in the person's employment, may grant the person 3,878
occupational driving privileges during the period of suspension 3,880
93
imposed pursuant to division (E) of this section, subject to the 3,881
limitations contained in this division and division (I)(2) of 3,882
this section. The court may grant the occupational driving 3,883
privileges, subject to the limitations contained in this division 3,884
and division (I)(2) of this section, regardless of whether the 3,885
person appeals the suspension at the person's initial appearance 3,887
under division (H)(1) of this section or appeals the decision of 3,888
the court made pursuant to the appeal conducted at the initial 3,889
appearance, and, if the person has appealed the suspension or 3,890
decision, regardless of whether the matter at issue has been 3,891
heard or decided by the court. The court shall not grant 3,892
occupational driving privileges to any person who, within seven 3,893
years of the filing of the petition, has refused three previous 3,894
requests to consent to a chemical test of the person's blood, 3,896
breath, or urine to determine its alcohol content or has been 3,897
convicted of or pleaded guilty to three or more violations of 3,898
division (A) or (B) of section 4511.19 of the Revised Code, a 3,899
municipal ordinance relating to operating a vehicle while under 3,900
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,901
of abuse, a municipal ordinance relating to operating a vehicle 3,902
with a prohibited concentration of alcohol in the blood, breath, 3,903
or urine, section 2903.04 of the Revised Code in a case in which 3,904
the person was subject to the sanctions described in division (D) 3,905
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,906
Revised Code or a municipal ordinance that is substantially 3,907
similar to section 2903.07 of the Revised Code in a case in which 3,908
the jury or judge found that the person was under the influence 3,909
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,910
statute of the United States or of any other state or a municipal 3,911
ordinance of a municipal corporation located in any other state 3,912
that is substantially similar to division (A) or (B) of section 3,913
4511.19 of the Revised Code, and shall not grant occupational 3,914
driving privileges for employment as a driver of commercial motor 3,915
vehicles to any person who is disqualified from operating a 3,916
94
commercial motor vehicle under section 2301.374 or 4506.16 of the 3,917
Revised Code.
(2)(a) In granting occupational driving privileges under 3,919
division (I)(1) of this section, the court may impose any 3,920
condition it considers reasonable and necessary to limit the use 3,921
of a vehicle by the person. The court shall deliver to the 3,922
person a permit card, in a form to be prescribed by the court, 3,923
setting forth the time, place, and other conditions limiting the 3,924
defendant's use of a vehicle. The grant of occupational driving 3,925
privileges shall be conditioned upon the person's having the 3,926
permit in the person's possession at all times during which the 3,928
person is operating a vehicle. 3,929
A person granted occupational driving privileges who 3,931
operates a vehicle for other than occupational purposes, in 3,932
violation of any condition imposed by the court, or without 3,933
having the permit in the person's possession, is guilty of a 3,934
violation of section 4507.02 of the Revised Code. 3,936
(b) The court may not grant a person occupational driving 3,938
privileges under division (I)(1) of this section when prohibited 3,939
by a limitation contained in that division or during any of the 3,940
following periods of time: 3,941
(i) The first thirty days of suspension imposed upon a 3,943
person who, within five years of the date on which the person 3,944
refused the request to consent to a chemical test of the person's 3,946
blood, breath, or urine to determine its alcohol content and for 3,948
which refusal the suspension was imposed, had not refused a 3,949
previous request to consent to a chemical test of the person's 3,950
blood, breath, or urine to determine its alcohol content; 3,952
(ii) The first ninety days of suspension imposed upon a 3,954
person who, within five years of the date on which the person 3,955
refused the request to consent to a chemical test of the person's 3,957
blood, breath, or urine to determine its alcohol content and for 3,959
which refusal the suspension was imposed, had refused one 3,960
previous request to consent to a chemical test of the person's 3,961
95
blood, breath, or urine to determine its alcohol content; 3,963
(iii) The first year of suspension imposed upon a person 3,965
who, within five years of the date on which the person refused 3,967
the request to consent to a chemical test of the person's blood, 3,969
breath, or urine to determine its alcohol content and for which 3,970
refusal the suspension was imposed, had refused two previous 3,971
requests to consent to a chemical test of the person's blood, 3,972
breath, or urine to determine its alcohol content; 3,974
(iv) The first three years of suspension imposed upon a 3,976
person who, within five years of the date on which the person 3,977
refused the request to consent to a chemical test of the person's 3,979
blood, breath, or urine to determine its alcohol content and for 3,981
which refusal the suspension was imposed, had refused three or 3,982
more previous requests to consent to a chemical test of the 3,983
person's blood, breath, or urine to determine its alcohol 3,985
content.
(3) The court shall give information in writing of any 3,987
action taken under this section to the registrar. 3,988
(4) If a person's driver's or commercial driver's license 3,990
or permit or nonresident operating privilege has been suspended 3,991
pursuant to division (F) of this section, and the person, within 3,992
the preceding seven years, has been convicted of or pleaded 3,993
guilty to three or more violations of division (A) or (B) of 3,994
section 4511.19 of the Revised Code, a municipal ordinance 3,995
relating to operating a vehicle while under the influence of 3,996
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 3,997
municipal ordinance relating to operating a vehicle with a 3,998
prohibited concentration of alcohol in the blood, breath, or 3,999
urine, section 2903.04 of the Revised Code in a case in which the 4,000
person was subject to the sanctions described in division (D) of 4,001
that section, or section 2903.06, 2903.07, or 2903.08 of the 4,002
Revised Code or a municipal ordinance that is substantially 4,003
similar to section 2903.07 of the Revised Code in a case in which 4,004
the jury or judge found that the person was under the influence 4,005
96
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,006
statute of the United States or of any other state or a municipal 4,007
ordinance of a municipal corporation located in any other state 4,009
that is substantially similar to division (A) or (B) of section 4,010
4511.19 of the Revised Code, the person is not entitled to 4,011
request, and the court shall not grant to the person, 4,012
occupational driving privileges under this division. Any other 4,013
person whose driver's or commercial driver's license or 4,014
nonresident operating privilege has been suspended pursuant to 4,015
division (F) of this section may file in the court specified in 4,016
division (I)(1) of this section a petition requesting 4,017
occupational driving privileges in accordance with section 4,018
4507.16 of the Revised Code. The petition may be filed at any 4,019
time subsequent to the date on which the arresting officer serves 4,020
the notice of suspension upon the arrested person. Upon the 4,021
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 4,022
The court may grant the occupational driving privileges, subject 4,023
to the limitations contained in section 4507.16 of the Revised 4,024
Code, regardless of whether the person appeals the suspension at 4,025
the person's initial appearance under division (H)(1) of this 4,027
section or appeals the decision of the court made pursuant to the 4,028
appeal conducted at the initial appearance, and, if the person 4,029
has appealed the suspension or decision, regardless of whether 4,030
the matter at issue has been heard or decided by the court. 4,031
(J) When it finally has been determined under the 4,033
procedures of this section that a nonresident's privilege to 4,034
operate a vehicle within this state has been suspended, the 4,035
registrar shall give information in writing of the action taken 4,036
to the motor vehicle administrator of the state of the person's 4,037
residence and of any state in which the person has a license. 4,038
(K) A suspension of the driver's or commercial driver's 4,040
license or permit of a resident, a suspension of the operating 4,041
privilege of a nonresident, or a denial of a driver's or 4,042
97
commercial driver's license or permit pursuant to division (E) or 4,044
(F) of this section shall be terminated by the registrar upon 4,046
receipt of notice of the person's entering a plea of guilty to, 4,047
or of the person's conviction of, operating a vehicle while under 4,049
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,050
of abuse or with a prohibited concentration of alcohol in the 4,051
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 4,052
incident that led to the suspension or denial. 4,053
The registrar shall credit against any judicial suspension 4,055
of a person's driver's or commercial driver's license or permit 4,056
or nonresident operating privilege imposed pursuant to division 4,057
(B) or (E) of section 4507.16 of the Revised Code any time during 4,058
which the person serves a related suspension imposed pursuant to 4,059
division (E) or (F) of this section. 4,060
(L) At the end of a suspension period under this section, 4,062
section 4511.196, or division (B) of section 4507.16 of the 4,063
Revised Code and upon the request of the person whose driver's or 4,064
commercial driver's license or permit was suspended and who is 4,065
not otherwise subject to suspension, revocation, or 4,066
disqualification, the registrar shall return the driver's or 4,067
commercial driver's license or permit to the person upon the 4,068
person's compliance with all of the conditions specified in 4,070
divisions (L)(1) and (2) of this section: 4,071
(1) A showing by the person that the person has proof of 4,073
financial responsibility, a policy of liability insurance in 4,075
effect that meets the minimum standards set forth in section 4,076
4509.51 of the Revised Code, or proof, to the satisfaction of the 4,077
registrar, that the person is able to respond in damages in an 4,078
amount at least equal to the minimum amounts specified in section 4,079
4509.51 of the Revised Code. 4,080
(2) Subject to the limitation contained in division (L)(3) 4,083
of this section, payment by the person of a license reinstatement 4,084
fee of four hundred five dollars to the bureau of motor vehicles, 4,087
98
which fee shall be deposited in the state treasury and credited 4,088
as follows: 4,089
(a) One hundred twelve dollars and fifty cents shall be 4,092
credited to the drivers' treatment and intervention fund, which 4,093
is hereby established. The fund shall be used to pay the costs 4,094
of driver treatment and intervention programs operated pursuant 4,095
to sections 3793.02 and 3793.10 of the Revised Code. The 4,096
director of alcohol and drug addiction services shall determine 4,097
the share of the fund that is to be allocated to alcohol and drug 4,098
addiction programs authorized by section 3793.02 of the Revised 4,099
Code, and the share of the fund that is to be allocated to 4,100
drivers' intervention programs authorized by section 3793.10 of 4,101
the Revised Code.
(b) Seventy-five dollars shall be credited to the 4,103
reparations fund created by section 2743.191 of the Revised Code. 4,105
(c) Thirty-seven dollars and fifty cents shall be credited 4,108
to the indigent drivers alcohol treatment fund, which is hereby 4,109
established. Except as otherwise provided in division (L)(2)(c) 4,111
of this section, moneys in the fund shall be distributed by the 4,112
department of alcohol and drug addiction services to the county 4,113
indigent drivers alcohol treatment funds, the county juvenile 4,114
indigent drivers alcohol treatment funds, and the municipal 4,115
indigent drivers alcohol treatment funds that are required to be 4,116
established by counties and municipal corporations pursuant to 4,117
division (N) of this section, and shall be used only to pay the 4,118
cost of an alcohol and drug addiction treatment program attended 4,119
by an offender or juvenile traffic offender who is ordered to 4,120
attend an alcohol and drug addiction treatment program by a 4,121
county, juvenile, or municipal court judge and who is determined 4,122
by the county, juvenile, or municipal court judge not to have the 4,123
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 4,124
that division. Moneys in the fund that are not distributed to a 4,126
county indigent drivers alcohol treatment fund, a county juvenile 4,127
99
indigent drivers alcohol treatment fund, or a municipal indigent 4,128
drivers alcohol treatment fund under division (N) of this section 4,129
because the director of alcohol and drug addiction services does 4,130
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 4,131
arrested may be transferred by the director of budget and 4,132
management to the drivers' treatment and intervention fund, 4,133
created in division (L)(2)(a) of this section, upon certification 4,134
of the amount by the director of alcohol and drug addiction 4,135
services.
(d) Seventy-five dollars shall be credited to the Ohio 4,137
rehabilitation services commission established by section 3304.12 4,138
of the Revised Code, to the services for rehabilitation fund, 4,139
which is hereby established. The fund shall be used to match 4,140
available federal matching funds where appropriate, and for any 4,141
other purpose or program of the commission to rehabilitate people 4,142
with disabilities to help them become employed and independent. 4,143
(e) Seventy-five dollars shall be deposited into the state 4,146
treasury and credited to the drug abuse resistance education 4,147
programs fund, which is hereby established, to be used by the 4,148
attorney general for the purposes specified in division (L)(4) of 4,150
this section.
(f) Thirty dollars shall be credited to the state bureau 4,152
of motor vehicles fund created by section 4501.25 of the Revised 4,153
Code.
(3) If a person's driver's or commercial driver's license 4,155
or permit is suspended under division (E) or (F) of this section, 4,157
section 4511.196, or division (B) of section 4507.16 of the 4,158
Revised Code, or any combination of the suspensions described in 4,159
division (L)(3) of this section, and if the suspensions arise 4,160
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 4,161
required to pay to the bureau, only one reinstatement fee of four 4,162
hundred five dollars. The reinstatement fee shall be distributed 4,163
100
by the bureau in accordance with division (L)(2) of this section. 4,164
(4) The attorney general shall use amounts in the drug 4,166
abuse resistance education programs fund to award grants to law 4,167
enforcement agencies to establish and implement drug abuse 4,168
resistance education programs in public schools. Grants awarded 4,169
to a law enforcement agency under division (L)(2)(e) of this 4,170
section shall be used by the agency to pay for not more than 4,171
fifty per cent of the amount of the salaries of law enforcement 4,172
officers who conduct drug abuse resistance education programs in 4,173
public schools. The attorney general shall not use more than six 4,174
per cent of the amounts the attorney general's office receives 4,176
under division (L)(2)(e) of this section to pay the costs it 4,177
incurs in administering the grant program established by division 4,178
(L)(2)(e) of this section and in providing training and materials 4,179
relating to drug abuse resistance education programs. 4,180
The attorney general shall report to the governor and the 4,182
general assembly each fiscal year on the progress made in 4,183
establishing and implementing drug abuse resistance education 4,184
programs. These reports shall include an evaluation of the 4,185
effectiveness of these programs. 4,186
(M) Suspension of a commercial driver's license under 4,188
division (E) or (F) of this section shall be concurrent with any 4,189
period of disqualification under section 2301.374 or 4506.16 of 4,190
the Revised Code. No person who is disqualified for life from 4,191
holding a commercial driver's license under section 4506.16 of 4,192
the Revised Code shall be issued a driver's license under Chapter 4,193
4507. of the Revised Code during the period for which the 4,194
commercial driver's license was suspended under division (E) or 4,195
(F) of this section, and no person whose commercial driver's 4,196
license is suspended under division (E) or (F) of this section 4,197
shall be issued a driver's license under that chapter during the 4,198
period of the suspension. 4,199
(N)(1) Each county shall establish an indigent drivers 4,201
alcohol treatment fund, each county shall establish a juvenile 4,202
101
indigent drivers alcohol treatment fund, and each municipal 4,203
corporation in which there is a municipal court shall establish 4,204
an indigent drivers alcohol treatment fund. All revenue that the 4,205
general assembly appropriates to the indigent drivers alcohol 4,206
treatment fund for transfer to a county indigent drivers alcohol 4,207
treatment fund, a county juvenile indigent drivers alcohol 4,208
treatment fund, or a municipal indigent drivers alcohol treatment 4,209
fund, all portions of fees that are paid under division (L) of 4,210
this section and that are credited under that division to the 4,211
indigent drivers alcohol treatment fund in the state treasury for 4,212
a county indigent drivers alcohol treatment fund, a county 4,213
juvenile indigent drivers alcohol treatment fund, or a municipal 4,214
indigent drivers alcohol treatment fund, and all portions of 4,215
fines that are specified for deposit into a county or municipal 4,216
indigent drivers alcohol treatment fund by section 4511.193 of 4,217
the Revised Code shall be deposited into that county indigent 4,218
drivers alcohol treatment fund, county juvenile indigent drivers 4,219
alcohol treatment fund, or municipal indigent drivers alcohol 4,220
treatment fund in accordance with division (N)(2) of this 4,221
section. Additionally, all portions of fines that are paid for a 4,222
violation of section 4511.19 of the Revised Code or division 4,223
(B)(2) of section 4507.02 of the Revised Code, and that are 4,224
required under division (A)(1) or, (2), (5), OR (6) of section 4,226
4511.99 or division (B)(5) of section 4507.99 of the Revised Code 4,227
to be deposited into a county indigent drivers alcohol treatment 4,228
fund or municipal indigent drivers alcohol treatment fund shall 4,229
be deposited into the appropriate fund in accordance with the 4,230
applicable division. 4,231
(2) That portion of the license reinstatement fee that is 4,233
paid under division (L) of this section and that is credited 4,234
under that division to the indigent drivers alcohol treatment 4,235
fund shall be deposited into a county indigent drivers alcohol 4,236
treatment fund, a county juvenile indigent drivers alcohol 4,237
treatment fund, or a municipal indigent drivers alcohol treatment 4,238
102
fund as follows: 4,239
(a) If the suspension in question was imposed under this 4,241
section, that portion of the fee shall be deposited as follows: 4,242
(i) If the fee is paid by a person who was charged in a 4,244
county court with the violation that resulted in the suspension, 4,245
the portion shall be deposited into the county indigent drivers 4,246
alcohol treatment fund under the control of that court; 4,247
(ii) If the fee is paid by a person who was charged in a 4,249
juvenile court with the violation that resulted in the 4,250
suspension, the portion shall be deposited into the county 4,251
juvenile indigent drivers alcohol treatment fund established in 4,252
the county served by the court; 4,253
(iii) If the fee is paid by a person who was charged in a 4,255
municipal court with the violation that resulted in the 4,256
suspension, the portion shall be deposited into the municipal 4,257
indigent drivers alcohol treatment fund under the control of that 4,258
court. 4,259
(b) If the suspension in question was imposed under 4,261
division (B) of section 4507.16 of the Revised Code, that portion 4,262
of the fee shall be deposited as follows: 4,263
(i) If the fee is paid by a person whose license or permit 4,265
was suspended by a county court, the portion shall be deposited 4,266
into the county indigent drivers alcohol treatment fund under the 4,267
control of that court; 4,268
(ii) If the fee is paid by a person whose license or 4,270
permit was suspended by a municipal court, the portion shall be 4,271
deposited into the municipal indigent drivers alcohol treatment 4,272
fund under the control of that court. 4,273
(3) Expenditures from a county indigent drivers alcohol 4,275
treatment fund, a county juvenile indigent drivers alcohol 4,276
treatment fund, or a municipal indigent drivers alcohol treatment 4,277
fund shall be made only upon the order of a county, juvenile, or 4,278
municipal court judge and only for payment of the cost of the 4,279
attendance at an alcohol and drug addiction treatment program of 4,280
103
a person who is convicted of, or found to be a juvenile traffic 4,281
offender by reason of, a violation of division (A) of section 4,282
4511.19 of the Revised Code or a substantially similar municipal 4,283
ordinance, who is ordered by the court to attend the alcohol and 4,284
drug addiction treatment program, and who is determined by the 4,285
court to be unable to pay the cost of attendance at the treatment 4,287
program or for payment of the costs specified in division (N)(4) 4,288
of this section in accordance with that division. The alcohol 4,289
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 4,291
section 340.02 or 340.021 of the Revised Code and serving the 4,293
alcohol, drug addiction, and mental health service district in 4,294
which the court is located shall administer the indigent drivers 4,295
alcohol treatment program of the court. When a court orders an 4,296
offender or juvenile traffic offender to attend an alcohol and 4,297
drug addiction treatment program, the board shall determine which 4,298
program is suitable to meet the needs of the offender or juvenile 4,299
traffic offender, and when a suitable program is located and 4,300
space is available at the program, the offender or juvenile 4,301
traffic offender shall attend the program designated by the 4,302
board. A reasonable amount not to exceed five per cent of the 4,303
amounts credited to and deposited into the county indigent 4,304
drivers alcohol treatment fund, the county juvenile indigent 4,305
drivers alcohol treatment fund, or the municipal indigent drivers 4,306
alcohol treatment fund serving every court whose program is 4,307
administered by that board shall be paid to the board to cover 4,308
the costs it incurs in administering those indigent drivers 4,309
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 4,311
in consultation with the alcohol and drug addiction services 4,312
board or the board of alcohol, drug addiction, and mental health 4,313
services established pursuant to section 340.02 or 340.021 of the 4,314
Revised Code and serving the alcohol, drug addiction, and mental 4,316
health district in which the court is located, that the funds in 4,317
104
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 4,318
municipal indigent drivers alcohol treatment fund under the 4,319
control of the court are more than sufficient to satisfy the 4,320
purpose for which the fund was established, as specified in 4,321
divisions (N)(1) to (3) of this section, the court may declare a 4,322
surplus in the fund. If the court declares a surplus in the 4,323
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 4,324
who are charged in the court with committing a criminal offense 4,325
or with being a delinquent child or juvenile traffic offender and 4,326
in relation to whom both of the following apply: 4,327
(a) The court determines that substance abuse was a 4,329
contributing factor leading to the criminal or delinquent 4,330
activity or the juvenile traffic offense with which the person is 4,331
charged.
(b) The court determines that the person is unable to pay 4,334
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 4,335
Sec. 4511.99. (A) Whoever violates division (A)(1), (2), 4,344
(3), OR (4) of section 4511.19 of the Revised Code, in addition 4,345
to the license suspension or revocation provided in section 4,346
4507.16 of the Revised Code and any disqualification imposed 4,347
under section 4506.16 of the Revised Code, shall be punished as 4,348
provided in division (A)(1), (2), (3), or (4) of this section. 4,349
WHOEVER VIOLATES DIVISION (A)(5), (6), OR (7) OF SECTION 4511.19 4,352
OF THE REVISED CODE, IN ADDITION TO THE LICENSE SUSPENSION OR 4,354
REVOCATION PROVIDED IN SECTION 4507.16 OF THE REVISED CODE AND 4,356
ANY DISQUALIFICATION IMPOSED UNDER SECTION 4506.16 OF THE REVISED 4,358
CODE, SHALL BE PUNISHED AS PROVIDED IN DIVISION (A)(5), (6), (7), 4,361
OR (8) OF THIS SECTION.
(1) Except as otherwise provided in division (A)(2), (3), 4,363
or (4) of this section, the offender is guilty of a misdemeanor 4,364
of the first degree, and the court shall sentence the offender to 4,365
105
a term of imprisonment of three consecutive days and may sentence 4,366
the offender pursuant to section 2929.21 of the Revised Code to a 4,367
longer term of imprisonment. In addition, the court shall impose 4,368
upon the offender a fine of not less than two hundred and not 4,369
more than one thousand dollars. 4,370
The court may suspend the execution of the mandatory three 4,372
consecutive days of imprisonment that it is required to impose by 4,373
this division, if the court, in lieu of the suspended term of 4,374
imprisonment, places the offender on probation and requires the 4,375
offender to attend, for three consecutive days, a drivers' 4,376
intervention program that is certified pursuant to section 4,377
3793.10 of the Revised Code. The court also may suspend the 4,378
execution of any part of the mandatory three consecutive days of 4,379
imprisonment that it is required to impose by this division, if 4,380
the court places the offender on probation for part of the three 4,381
consecutive days; requires the offender to attend, for that part 4,382
of the three consecutive days, a drivers' intervention program 4,383
that is certified pursuant to section 3793.10 of the Revised 4,384
Code; and sentences the offender to a term of imprisonment equal 4,385
to the remainder of the three consecutive days that the offender 4,386
does not spend attending the drivers' intervention program. The 4,387
court may require the offender, as a condition of probation, to 4,388
attend and satisfactorily complete any treatment or education 4,389
programs that comply with the minimum standards adopted pursuant 4,390
to Chapter 3793. of the Revised Code by the director of alcohol 4,391
and drug addiction services, in addition to the required 4,392
attendance at a drivers' intervention program, that the operators 4,393
of the drivers' intervention program determine that the offender 4,394
should attend and to report periodically to the court on the 4,395
offender's progress in the programs. The court also may impose 4,396
any other conditions of probation on the offender that it 4,397
considers necessary. 4,398
Of the fine imposed pursuant to this division, twenty-five 4,400
dollars shall be paid to an enforcement and education fund 4,401
106
established by the legislative authority of the law enforcement 4,402
agency in this state that primarily was responsible for the 4,403
arrest of the offender, as determined by the court that imposes 4,404
the fine. This share shall be used by the agency to pay only 4,405
those costs it incurs in enforcing section 4511.19 of the Revised 4,406
Code or a substantially similar municipal ordinance and in 4,407
informing the public of the laws governing the operation of a 4,408
motor vehicle while under the influence of alcohol, the dangers 4,409
of operating a motor vehicle while under the influence of 4,410
alcohol, and other information relating to the operation of a 4,411
motor vehicle and the consumption of alcoholic beverages. 4,412
Twenty-five dollars of the fine imposed pursuant to this division 4,413
shall be deposited into the county indigent drivers alcohol 4,414
treatment fund or municipal indigent drivers alcohol treatment 4,415
fund under the control of that court, as created by the county or 4,416
municipal corporation pursuant to division (N) of section 4,417
4511.191 of the Revised Code. The balance of the fine shall be 4,418
disbursed as otherwise provided by law. 4,419
(2)(a) Except as otherwise provided in division (A)(4) of 4,422
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 4,423
pleaded guilty to one violation of division (A) or (B) of section 4,425
4511.19 of the Revised Code, a municipal ordinance relating to 4,426
operating a vehicle while under the influence of alcohol, a drug 4,427
of abuse, or alcohol and a drug of abuse, a municipal ordinance 4,428
relating to operating a vehicle with a prohibited concentration 4,429
of alcohol in the blood, breath, or urine, section 2903.04 of the 4,430
Revised Code in a case in which the offender was subject to the 4,431
sanctions described in division (D) of that section, section 4,432
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 4,433
ordinance that is substantially similar to section 2903.07 of the 4,434
Revised Code in a case in which the jury or judge found that the 4,435
offender was under the influence of alcohol, a drug of abuse, or 4,436
alcohol and a drug of abuse, or a statute of the United States or 4,437
107
of any other state or a municipal ordinance of a municipal 4,438
corporation located in any other state that is substantially 4,439
similar to division (A) or (B) of section 4511.19 of the Revised 4,440
Code, the offender is guilty of a misdemeanor of the first 4,441
degree, and, except as provided in this division, the court shall 4,442
sentence the offender to a term of imprisonment of ten 4,443
consecutive days and may sentence the offender pursuant to 4,444
section 2929.21 of the Revised Code to a longer term of 4,445
imprisonment. As an alternative to the term of imprisonment 4,446
required to be imposed by this division, but subject to division 4,447
(A)(8)(12) of this section, the court may impose upon the 4,448
offender a sentence consisting of both a term of imprisonment of 4,449
five consecutive days and not less than eighteen consecutive days 4,450
of electronically monitored house arrest as defined in division 4,451
(A) of section 2929.23 of the Revised Code. The five consecutive 4,452
days of imprisonment and the period of electronically monitored 4,453
house arrest shall not exceed six months. The five consecutive 4,454
days of imprisonment do not have to be served prior to or 4,455
consecutively with the period of electronically monitored house 4,456
arrest.
In addition, the court shall impose upon the offender a 4,458
fine of not less than three hundred and not more than one 4,459
thousand five hundred dollars. 4,460
In addition to any other sentence that it imposes upon the 4,462
offender, the court may require the offender to attend a drivers' 4,463
intervention program that is certified pursuant to section 4,464
3793.10 of the Revised Code. If the officials of the drivers' 4,465
intervention program determine that the offender is alcohol 4,466
dependent, they shall notify the court, and the court shall order 4,467
the offender to obtain treatment through an alcohol and drug 4,468
addiction program authorized by section 3793.02 of the Revised 4,469
Code. The cost of the treatment shall be paid by the offender. 4,470
Of the fine imposed pursuant to this division, thirty-five 4,472
dollars shall be paid to an enforcement and education fund 4,473
108
established by the legislative authority of the law enforcement 4,474
agency in this state that primarily was responsible for the 4,475
arrest of the offender, as determined by the court that imposes 4,476
the fine. This share shall be used by the agency to pay only 4,477
those costs it incurs in enforcing division (A) of section 4,478
4511.19 of the Revised Code or a substantially similar municipal 4,479
ordinance and in informing the public of the laws governing the 4,480
operation of a motor vehicle while under the influence of 4,481
alcohol, the dangers of operating a motor vehicle while under the 4,482
influence of alcohol, and other information relating to the 4,483
operation of a motor vehicle and the consumption of alcoholic 4,484
beverages. Sixty-five dollars of the fine imposed pursuant to 4,485
this division shall be paid to the political subdivision 4,486
responsible for housing the offender during the offender's term 4,488
of incarceration. This share shall be used by the political 4,489
subdivision to pay or reimburse incarceration costs it incurs in 4,490
housing persons who violate section 4511.19 of the Revised Code 4,491
or a substantially similar municipal ordinance and to pay for 4,492
ignition interlock devices and electronic house arrest equipment 4,493
for persons who violate that section, and shall be paid to the 4,494
credit of the fund that pays the cost of the incarceration. 4,495
Fifty dollars of the fine imposed pursuant to this division shall 4,496
be deposited into the county indigent drivers alcohol treatment 4,497
fund or municipal indigent drivers alcohol treatment fund under 4,498
the control of that court, as created by the county or municipal 4,499
corporation pursuant to division (N) of section 4511.191 of the 4,500
Revised Code. The balance of the fine shall be disbursed as 4,501
otherwise provided by law. 4,502
(b) Regardless of whether the vehicle the offender was 4,504
operating at the time of the offense is registered in the 4,505
offender's name or in the name of another person, the court, in 4,507
addition to the penalties imposed under division (A)(2)(a) of 4,508
this section and all other penalties provided by law and subject 4,509
to section 4503.235 of the Revised Code, shall order the 4,510
109
immobilization for ninety days of the vehicle the offender was 4,511
operating at the time of the offense and the impoundment for 4,512
ninety days of the identification license plates of that vehicle. 4,513
The order for the immobilization and impoundment shall be issued 4,514
and enforced in accordance with section 4503.233 of the Revised 4,515
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 4,518
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 4,521
pleaded guilty to two violations of division (A) or (B) of 4,522
section 4511.19 of the Revised Code, a municipal ordinance 4,523
relating to operating a vehicle while under the influence of 4,524
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 4,525
municipal ordinance relating to operating a vehicle with a 4,526
prohibited concentration of alcohol in the blood, breath, or 4,527
urine, section 2903.04 of the Revised Code in a case in which the 4,528
offender was subject to the sanctions described in division (D) 4,529
of that section, section 2903.06, 2903.07, or 2903.08 of the 4,530
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 4,531
the jury or judge found that the offender was under the influence 4,532
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,534
statute of the United States or of any other state or a municipal 4,535
ordinance of a municipal corporation located in any other state 4,536
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 4,537
the court shall sentence the offender to a term of imprisonment 4,539
of thirty consecutive days and may sentence the offender to a 4,540
longer definite term of imprisonment of not more than one year. 4,541
As an alternative to the term of imprisonment required to be 4,542
imposed by this division, but subject to division (A)(8)(12) of 4,543
this section, the court may impose upon the offender a sentence 4,544
consisting of both a term of imprisonment of fifteen consecutive 4,545
days and not less than fifty-five consecutive days of 4,546
110
electronically monitored house arrest as defined in division (A) 4,547
of section 2929.23 of the Revised Code. The fifteen consecutive 4,548
days of imprisonment and the period of electronically monitored 4,549
house arrest shall not exceed one year. The fifteen consecutive 4,550
days of imprisonment do not have to be served prior to or 4,551
consecutively with the period of electronically monitored house 4,552
arrest.
In addition, the court shall impose upon the offender a 4,554
fine of not less than five hundred and not more than two thousand 4,555
five hundred dollars. 4,556
In addition to any other sentence that it imposes upon the 4,558
offender, the court shall require the offender to attend an 4,559
alcohol and drug addiction program authorized by section 3793.02 4,560
of the Revised Code. The cost of the treatment shall be paid by 4,561
the offender. If the court determines that the offender is 4,562
unable to pay the cost of attendance at the treatment program, 4,564
the court may order that payment of the cost of the offender's 4,565
attendance at the treatment program be made from that court's 4,566
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 4,568
twenty-three dollars shall be paid to an enforcement and 4,569
education fund established by the legislative authority of the 4,570
law enforcement agency in this state that primarily was 4,571
responsible for the arrest of the offender, as determined by the 4,572
court that imposes the fine. This share shall be used by the 4,573
agency to pay only those costs it incurs in enforcing section 4,574
4511.19 of the Revised Code or a substantially similar municipal 4,575
ordinance and in informing the public of the laws governing the 4,576
operation of a motor vehicle while under the influence of 4,577
alcohol, the dangers of operating a motor vehicle while under the 4,578
influence of alcohol, and other information relating to the 4,579
operation of a motor vehicle and the consumption of alcoholic 4,580
beverages. Two hundred twenty-seven dollars of the fine imposed 4,581
pursuant to this division shall be paid to the political 4,582
111
subdivision responsible for housing the offender during the 4,583
offender's term of incarceration. This share shall be used by 4,585
the political subdivision to pay or reimburse incarceration costs 4,586
it incurs in housing persons who violate division (A) of section 4,587
4511.19 of the Revised Code or a substantially similar municipal 4,588
ordinance and to pay for ignition interlock devices and 4,589
electronic house arrest equipment for persons who violate that 4,590
section and shall be paid to the credit of the fund that pays the 4,591
cost of incarceration. The balance of the fine shall be 4,592
disbursed as otherwise provided by law. 4,593
(b) Regardless of whether the vehicle the offender was 4,595
operating at the time of the offense is registered in the 4,596
offender's name or in the name of another person, the court, in 4,598
addition to the penalties imposed under division (A)(3)(a) of 4,599
this section and all other penalties provided by law and subject 4,600
to section 4503.235 of the Revised Code, shall order the 4,601
immobilization for one hundred eighty days of the vehicle the 4,602
offender was operating at the time of the offense and the 4,603
impoundment for one hundred eighty days of the identification 4,604
license plates of that vehicle. The order for the immobilization 4,605
and impoundment shall be issued and enforced in accordance with 4,606
section 4503.233 of the Revised Code. 4,607
(4)(a)(i) If, within six years of the offense, the 4,609
offender has been convicted of or pleaded guilty to three or more 4,610
violations of division (A) or (B) of section 4511.19 of the 4,611
Revised Code, a municipal ordinance relating to operating a 4,612
vehicle while under the influence of alcohol, a drug of abuse, or 4,613
alcohol and a drug of abuse, a municipal ordinance relating to 4,614
operating a vehicle with a prohibited concentration of alcohol in 4,615
the blood, breath, or urine, section 2903.04 of the Revised Code 4,616
in a case in which the offender was subject to the sanctions 4,617
described in division (D) of that section, section 2903.06, 4,618
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 4,619
that is substantially similar to section 2903.07 of the Revised 4,620
112
Code in a case in which the jury or judge found that the offender 4,621
was under the influence of alcohol, a drug of abuse, or alcohol 4,622
and a drug of abuse, or a statute of the United States or of any 4,624
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 4,625
division (A) or (B) of section 4511.19 of the Revised Code, or if 4,626
the offender previously has been convicted of or pleaded guilty 4,628
to a violation of division (A) of section 4511.19 of the Revised 4,629
Code under circumstances in which the violation was a felony and 4,630
regardless of when the violation and the conviction or guilty 4,631
plea occurred AND IF SENTENCE IS NOT REQUIRED TO BE IMPOSED UNDER 4,632
DIVISION (A)(4)(a)(ii) OF THIS SECTION, the offender is guilty of 4,633
a felony of the fourth degree. The court shall sentence the 4,634
offender in accordance with sections 2929.11 to 2929.19 of the 4,635
Revised Code and shall impose as part of the sentence a mandatory 4,636
term of local incarceration of sixty consecutive days of 4,637
imprisonment in accordance with division (G)(1) of section 4,638
2929.13 of the Revised Code or a mandatory prison term of sixty 4,639
consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If the offender 4,640
is required to serve a mandatory term of local incarceration of 4,641
sixty consecutive days of imprisonment in accordance with 4,642
division (G)(1) of section 2929.13 of the Revised Code, the THE 4,643
court, pursuant to section 2929.17 of the Revised Code, may 4,645
impose upon the offender a sentence that includes a term of 4,646
electronically monitored house arrest, provided that the term of 4,647
electronically monitored house arrest shall not commence until 4,648
after the offender has served the mandatory term of local
incarceration. 4,649
(ii) IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 4,651
PLEADED GUILTY TO A VIOLATION OF DIVISION (A) OF SECTION 4511.19 4,652
OF THE REVISED CODE UNDER CIRCUMSTANCES IN WHICH THE VIOLATION 4,654
WAS A FELONY, REGARDLESS OF WHEN THE PRIOR VIOLATION AND THE 4,655
PRIOR CONVICTION OR GUILTY PLEA OCCURRED, THE OFFENDER IS GUILTY 4,656
113
OF A FELONY OF THE THIRD DEGREE. THE COURT SHALL SENTENCE THE 4,657
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 4,658
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY 4,659
PRISON TERM OF SIXTY CONSECUTIVE DAYS OF IMPRISONMENT IN 4,660
ACCORDANCE WITH DIVISION (G)(2) OF SECTION 2929.13 OF THE REVISED 4,661
CODE. 4,662
(iii) In addition to all other sanctions imposed ON AN 4,664
OFFENDER UNDER DIVISION (A)(4)(a)(i) OR (ii) OF THIS SECTION, the 4,666
court shall impose upon the offender, pursuant to section 2929.18 4,667
of the Revised Code, a fine of not less than seven hundred fifty 4,668
nor more than ten thousand dollars. 4,669
In addition to any other sanction that it imposes upon the 4,672
offender UNDER DIVISION (A)(4)(a)(i) OR (ii) OF THIS SECTION, the 4,674
court shall require the offender to attend an alcohol and drug 4,677
addiction program authorized by section 3793.02 of the Revised 4,678
Code. The cost of the treatment shall be paid by the offender. 4,679
If the court determines that the offender is unable to pay the 4,680
cost of attendance at the treatment program, the court may order 4,681
that payment of the cost of the offender's attendance at the 4,682
treatment program be made from the court's indigent drivers 4,683
alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred 4,685
ten dollars shall be paid to an enforcement and education fund 4,686
established by the legislative authority of the law enforcement 4,687
agency in this state that primarily was responsible for the 4,688
arrest of the offender, as determined by the court that imposes 4,689
the fine. This share shall be used by the agency to pay only 4,690
those costs it incurs in enforcing section 4511.19 of the Revised 4,691
Code or a substantially similar municipal ordinance and in 4,692
informing the public of the laws governing operation of a motor 4,693
vehicle while under the influence of alcohol, the dangers of 4,694
operation of a motor vehicle while under the influence of 4,695
alcohol, and other information relating to the operation of a 4,696
motor vehicle and the consumption of alcoholic beverages. Three 4,697
114
hundred ninety dollars of the fine imposed pursuant to this 4,698
division shall be paid to the political subdivision responsible 4,699
for housing the offender during the offender's term of 4,700
incarceration. This share shall be used by the political 4,702
subdivision to pay or reimburse incarceration costs it incurs in 4,703
housing persons who violate division (A) of section 4511.19 of 4,704
the Revised Code or a substantially similar municipal ordinance 4,705
and to pay for ignition interlock devices and electronic house 4,706
arrest equipment for persons who violate that section, and shall 4,707
be paid to the credit of the fund that pays the cost of 4,708
incarceration. The balance of the fine shall be disbursed as 4,709
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 4,711
operating at the time of the offense is registered in the 4,712
offender's name or in the name of another person, the court, in 4,714
addition to the sanctions imposed under division (A)(4)(a) of 4,715
this section and all other sanctions provided by law and subject 4,717
to section 4503.235 of the Revised Code, shall order the criminal 4,719
forfeiture to the state of the vehicle the offender was operating 4,720
at the time of the offense. The order of criminal forfeiture 4,721
shall be issued and enforced in accordance with section 4503.234 4,722
of the Revised Code. 4,723
(c) As used in division (A)(4)(a) of this section, 4,726
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 4,728
the Revised Code.
If title to a motor vehicle that is subject to an order for 4,730
criminal forfeiture under this section is assigned or transferred 4,731
and division (C)(2) or (3) of section 4503.234 of the Revised 4,732
Code applies, in addition to or independent of any other penalty 4,733
established by law, the court may fine the offender the value of 4,734
the vehicle as determined by publications of the national auto 4,735
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 4,736
115
(D)(4) of section 4503.234 of the Revised Code. 4,737
(5) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(6), (7), 4,739
OR (8) OF THIS SECTION, THE OFFENDER IS GUILTY OF A MISDEMEANOR 4,740
OF THE FIRST DEGREE, AND THE COURT SHALL SENTENCE THE OFFENDER TO 4,741
A TERM OF IMPRISONMENT OF SIX CONSECUTIVE DAYS AND MAY SENTENCE 4,742
THE OFFENDER PURSUANT TO SECTION 2929.21 OF THE REVISED CODE TO A 4,743
LONGER TERM OF IMPRISONMENT. IN ADDITION, THE COURT SHALL IMPOSE 4,744
UPON THE OFFENDER A FINE OF NOT LESS THAN TWO HUNDRED AND NOT 4,745
MORE THAN ONE THOUSAND DOLLARS. 4,746
THE COURT MAY SUSPEND THE EXECUTION OF THREE OF THE 4,748
MANDATORY SIX CONSECUTIVE DAYS OF IMPRISONMENT THAT IT IS 4,749
REQUIRED TO IMPOSE BY THIS DIVISION, IF THE COURT, IN LIEU OF THE 4,750
THREE CONSECUTIVE DAYS OF IMPRISONMENT THAT IT SUSPENDS, PLACES 4,751
THE OFFENDER ON PROBATION AND REQUIRES THE OFFENDER TO ATTEND, 4,753
FOR THREE CONSECUTIVE DAYS, A DRIVERS' INTERVENTION PROGRAM THAT 4,754
IS CERTIFIED PURSUANT TO SECTION 3793.10 OF THE REVISED CODE. 4,755
THE COURT ALSO MAY SUSPEND THE EXECUTION OF ANY PART OF UP TO 4,756
THREE OF THE MANDATORY SIX CONSECUTIVE DAYS OF IMPRISONMENT THAT 4,757
IT IS REQUIRED TO IMPOSE BY THIS DIVISION, IF THE COURT PLACES 4,758
THE OFFENDER ON PROBATION FOR PART OF UP TO THREE OF THE SIX
CONSECUTIVE DAYS; REQUIRES THE OFFENDER TO ATTEND, FOR THAT PART 4,759
OF THE THREE CONSECUTIVE DAYS, A DRIVERS' INTERVENTION PROGRAM 4,760
THAT IS CERTIFIED PURSUANT TO SECTION 3793.10 OF THE REVISED 4,762
CODE; AND SENTENCES THE OFFENDER TO A TERM OF IMPRISONMENT EQUAL
TO THE REMAINDER OF THE SIX CONSECUTIVE DAYS THAT THE OFFENDER 4,763
DOES NOT SPEND ATTENDING THE DRIVERS' INTERVENTION PROGRAM. THE 4,764
COURT MAY REQUIRE THE OFFENDER, AS A CONDITION OF PROBATION, TO 4,765
ATTEND AND SATISFACTORILY COMPLETE ANY TREATMENT OR EDUCATION 4,766
PROGRAMS THAT COMPLY WITH THE MINIMUM STANDARDS ADOPTED PURSUANT 4,767
TO CHAPTER 3793. OF THE REVISED CODE BY THE DIRECTOR OF ALCOHOL 4,769
AND DRUG ADDICTION SERVICES, IN ADDITION TO THE REQUIRED 4,770
ATTENDANCE AT A DRIVERS' INTERVENTION PROGRAM, THAT THE OPERATORS 4,771
OF THE DRIVERS' INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER 4,772
SHOULD ATTEND AND TO REPORT PERIODICALLY TO THE COURT ON THE 4,773
116
OFFENDER'S PROGRESS IN THE PROGRAMS. THE COURT ALSO MAY IMPOSE 4,774
ANY OTHER CONDITIONS OF PROBATION ON THE OFFENDER THAT IT 4,775
CONSIDERS NECESSARY. 4,776
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWENTY-FIVE 4,778
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 4,779
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 4,780
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 4,781
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 4,782
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 4,784
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 4,785
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 4,786
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 4,787
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 4,788
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 4,789
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 4,790
CONSUMPTION OF ALCOHOLIC BEVERAGES. TWENTY-FIVE DOLLARS OF THE 4,791
FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE DEPOSITED INTO 4,792
THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND OR MUNICIPAL 4,793
INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE CONTROL OF THAT 4,794
COURT, AS CREATED BY THE COUNTY OR MUNICIPAL CORPORATION PURSUANT 4,795
TO DIVISION (N) OF SECTION 4511.191 OF THE REVISED CODE. THE 4,796
BALANCE OF THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY 4,797
LAW.
(6)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8) OF 4,800
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 4,801
PLEADED GUILTY TO ONE VIOLATION OF DIVISION (A) OR (B) OF SECTION 4,803
4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO 4,805
OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG 4,806
OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE 4,807
RELATING TO OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION 4,808
OF ALCOHOL IN THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE 4,809
REVISED CODE IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE 4,811
SANCTIONS DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 4,812
117
2903.06, 2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL 4,813
ORDINANCE THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE 4,815
REVISED CODE IN A CASE IN WHICH THE JURY OR JUDGE FOUND THAT THE 4,817
OFFENDER WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 4,818
ALCOHOL AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR 4,819
OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL 4,820
CORPORATION LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY 4,821
SIMILAR TO DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED 4,823
CODE, THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE FIRST 4,824
DEGREE, AND THE COURT SHALL SENTENCE THE OFFENDER TO A TERM OF 4,825
IMPRISONMENT OF TWENTY CONSECUTIVE DAYS AND MAY SENTENCE THE 4,826
OFFENDER PURSUANT TO SECTION 2929.21 OF THE REVISED CODE TO A 4,827
LONGER TERM OF IMPRISONMENT. AS AN ALTERNATIVE TO THE TERM OF 4,829
IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT SUBJECT 4,830
TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE UPON 4,831
THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF IMPRISONMENT 4,832
OF TEN CONSECUTIVE DAYS AND NOT LESS THAN THIRTY-SIX CONSECUTIVE 4,833
DAYS OF ELECTRONICALLY MONITORED HOUSE ARREST AS DEFINED IN 4,834
DIVISION (A) OF SECTION 2929.23 OF THE REVISED CODE. THE TEN 4,835
CONSECUTIVE DAYS OF IMPRISONMENT AND THE PERIOD OF ELECTRONICALLY 4,837
MONITORED HOUSE ARREST SHALL NOT EXCEED SIX MONTHS. THE TEN 4,838
CONSECUTIVE DAYS OF IMPRISONMENT DO NOT HAVE TO BE SERVED PRIOR 4,839
TO OR CONSECUTIVELY WITH THE PERIOD OF ELECTRONICALLY MONITORED 4,840
HOUSE ARREST.
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 4,842
FINE OF NOT LESS THAN THREE HUNDRED AND NOT MORE THAN ONE 4,843
THOUSAND FIVE HUNDRED DOLLARS. 4,844
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 4,846
OFFENDER, THE COURT MAY REQUIRE THE OFFENDER TO ATTEND A DRIVERS' 4,847
INTERVENTION PROGRAM THAT IS CERTIFIED PURSUANT TO SECTION 4,848
3793.10 OF THE REVISED CODE. IF THE OFFICIALS OF THE DRIVERS' 4,850
INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER IS ALCOHOL 4,851
DEPENDENT, THEY SHALL NOTIFY THE COURT, AND THE COURT SHALL ORDER 4,852
THE OFFENDER TO OBTAIN TREATMENT THROUGH AN ALCOHOL AND DRUG 4,853
118
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED 4,855
CODE. THE OFFENDER SHALL PAY THE COST OF THE TREATMENT.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, THIRTY-FIVE 4,857
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 4,858
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 4,859
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 4,860
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 4,861
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 4,863
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 4,864
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 4,866
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 4,867
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 4,868
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 4,869
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 4,870
CONSUMPTION OF ALCOHOLIC BEVERAGES. SIXTY-FIVE DOLLARS OF THE 4,871
FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO THE 4,872
POLITICAL SUBDIVISION RESPONSIBLE FOR HOUSING THE OFFENDER DURING 4,873
THE OFFENDER'S TERM OF INCARCERATION. THE POLITICAL SUBDIVISION 4,875
SHALL USE THIS SHARE TO PAY OR REIMBURSE INCARCERATION COSTS IT 4,876
INCURS IN HOUSING PERSONS WHO VIOLATE SECTION 4511.19 OF THE 4,877
REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND 4,879
TO PAY FOR IGNITION INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST 4,880
EQUIPMENT FOR PERSONS WHO VIOLATE THAT SECTION, AND THIS SHARE 4,881
SHALL BE PAID TO THE CREDIT OF THE FUND THAT PAYS THE COST OF THE 4,882
INCARCERATION. FIFTY DOLLARS OF THE FINE IMPOSED PURSUANT TO 4,883
THIS DIVISION SHALL BE DEPOSITED INTO THE COUNTY INDIGENT DRIVERS 4,884
ALCOHOL TREATMENT FUND OR MUNICIPAL INDIGENT DRIVERS ALCOHOL 4,885
TREATMENT FUND UNDER THE CONTROL OF THAT COURT, AS CREATED BY THE 4,886
COUNTY OR MUNICIPAL CORPORATION PURSUANT TO DIVISION (N) OF 4,887
SECTION 4511.191 OF THE REVISED CODE. THE BALANCE OF THE FINE 4,888
SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW. 4,889
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 4,891
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 4,892
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 4,894
119
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(6)(a) OF 4,895
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 4,897
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 4,898
IMMOBILIZATION FOR NINETY DAYS OF THE VEHICLE THE OFFENDER WAS 4,900
OPERATING AT THE TIME OF THE OFFENSE AND THE IMPOUNDMENT FOR 4,901
NINETY DAYS OF THE IDENTIFICATION LICENSE PLATES OF THAT VEHICLE. 4,902
THE ORDER FOR THE IMMOBILIZATION AND IMPOUNDMENT SHALL BE ISSUED 4,903
AND ENFORCED IN ACCORDANCE WITH SECTION 4503.233 OF THE REVISED 4,904
CODE.
(7)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8) OF 4,907
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 4,910
PLEADED GUILTY TO TWO VIOLATIONS OF DIVISION (A) OR (B) OF 4,911
SECTION 4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE 4,913
RELATING TO OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF 4,914
ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A 4,915
MUNICIPAL ORDINANCE RELATING TO OPERATING A VEHICLE WITH A 4,916
PROHIBITED CONCENTRATION OF ALCOHOL IN THE BLOOD, BREATH, OR 4,917
URINE, SECTION 2903.04 OF THE REVISED CODE IN A CASE IN WHICH THE 4,919
OFFENDER WAS SUBJECT TO THE SANCTIONS DESCRIBED IN DIVISION (D) 4,920
OF THAT SECTION, SECTION 2903.06, 2903.07, OR 2903.08 OF THE 4,921
REVISED CODE OR A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY 4,922
SIMILAR TO SECTION 2903.07 OF THE REVISED CODE IN A CASE IN WHICH 4,924
THE JURY OR JUDGE FOUND THAT THE OFFENDER WAS UNDER THE INFLUENCE 4,925
OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, OR A 4,927
STATUTE OF THE UNITED STATES OR OF ANY OTHER STATE OR A MUNICIPAL 4,928
ORDINANCE OF A MUNICIPAL CORPORATION LOCATED IN ANY OTHER STATE 4,929
THAT IS SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B) OF SECTION 4,930
4511.19 OF THE REVISED CODE, THE COURT SHALL SENTENCE THE 4,932
OFFENDER TO A TERM OF IMPRISONMENT OF SIXTY CONSECUTIVE DAYS AND
MAY SENTENCE THE OFFENDER TO A LONGER DEFINITE TERM OF 4,933
IMPRISONMENT OF NOT MORE THAN ONE YEAR. AS AN ALTERNATIVE TO THE 4,934
TERM OF IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT 4,935
SUBJECT TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE 4,936
120
UPON THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF 4,937
IMPRISONMENT OF THIRTY CONSECUTIVE DAYS AND NOT LESS THAN ONE 4,939
HUNDRED TEN CONSECUTIVE DAYS OF ELECTRONICALLY MONITORED HOUSE
ARREST AS DEFINED IN DIVISION (A) OF SECTION 2929.23 OF THE 4,941
REVISED CODE. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT AND 4,942
THE PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST SHALL NOT 4,943
EXCEED ONE YEAR. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT DO 4,944
NOT HAVE TO BE SERVED PRIOR TO OR CONSECUTIVELY WITH THE PERIOD 4,945
OF ELECTRONICALLY MONITORED HOUSE ARREST. 4,946
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 4,948
FINE OF NOT LESS THAN FIVE HUNDRED AND NOT MORE THAN TWO THOUSAND 4,949
FIVE HUNDRED DOLLARS. 4,950
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 4,952
OFFENDER, THE COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN 4,953
ALCOHOL AND DRUG ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 4,954
OF THE REVISED CODE. THE OFFENDER SHALL PAY THE COST OF THE 4,955
TREATMENT. IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE 4,957
TO PAY THE COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE COURT 4,958
MAY ORDER THAT PAYMENT OF THE COST OF THE OFFENDER'S ATTENDANCE 4,959
AT THE TREATMENT PROGRAM BE MADE FROM THAT COURT'S INDIGENT 4,960
DRIVERS ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, ONE HUNDRED 4,962
TWENTY-THREE DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND 4,963
EDUCATION FUND ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE 4,964
LAW ENFORCEMENT AGENCY IN THIS STATE THAT PRIMARILY WAS 4,965
RESPONSIBLE FOR THE ARREST OF THE OFFENDER, AS DETERMINED BY THE 4,966
COURT THAT IMPOSES THE FINE. THE AGENCY SHALL USE THIS SHARE TO 4,968
PAY ONLY THOSE COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF 4,969
THE REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE 4,971
AND IN INFORMING THE PUBLIC OF THE LAWS GOVERNING THE OPERATION 4,972
OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, THE 4,973
DANGERS OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF 4,974
ALCOHOL, AND OTHER INFORMATION RELATING TO THE OPERATION OF A 4,975
MOTOR VEHICLE AND THE CONSUMPTION OF ALCOHOLIC BEVERAGES. TWO 4,976
121
HUNDRED TWENTY-SEVEN DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS 4,977
DIVISION SHALL BE PAID TO THE POLITICAL SUBDIVISION RESPONSIBLE 4,978
FOR HOUSING THE OFFENDER DURING THE OFFENDER'S TERM OF 4,980
INCARCERATION. THE POLITICAL SUBDIVISION SHALL USE THIS SHARE TO 4,981
PAY OR REIMBURSE INCARCERATION COSTS IT INCURS IN HOUSING PERSONS 4,982
WHO VIOLATE SECTION 4511.19 OF THE REVISED CODE OR A 4,983
SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION 4,984
INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST EQUIPMENT FOR 4,985
PERSONS WHO VIOLATE THAT SECTION, AND THIS SHARE SHALL BE PAID TO 4,986
THE CREDIT OF THE FUND THAT PAYS THE COST OF INCARCERATION. THE 4,987
BALANCE OF THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY 4,988
LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 4,990
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 4,991
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 4,993
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(7)(a) OF 4,994
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 4,996
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 4,997
IMMOBILIZATION FOR ONE HUNDRED EIGHTY DAYS OF THE VEHICLE THE 4,999
OFFENDER WAS OPERATING AT THE TIME OF THE OFFENSE AND THE 5,000
IMPOUNDMENT FOR ONE HUNDRED EIGHTY DAYS OF THE IDENTIFICATION 5,001
LICENSE PLATES OF THAT VEHICLE. THE ORDER FOR THE IMMOBILIZATION 5,002
AND IMPOUNDMENT SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH 5,003
SECTION 4503.233 OF THE REVISED CODE. 5,004
(8)(a)(i) IF, WITHIN SIX YEARS OF THE OFFENSE, THE 5,006
OFFENDER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO THREE OR MORE 5,008
VIOLATIONS OF DIVISION (A) OR (B) OF SECTION 4511.19 OF THE 5,010
REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO OPERATING A
VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 5,011
ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE RELATING TO 5,012
OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION OF ALCOHOL IN 5,013
THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE REVISED CODE 5,015
IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE SANCTIONS 5,016
DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 2903.06, 5,017
122
2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 5,019
THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE REVISED 5,021
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 5,022
AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR OF ANY 5,024
OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL CORPORATION
LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO 5,025
DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED CODE, AND 5,028
IF SENTENCE IS NOT REQUIRED TO BE IMPOSED UNDER DIVISION 5,029
(A)(8)(a)(ii) OF THIS SECTION, THE OFFENDER IS GUILTY OF A FELONY 5,030
OF THE FOURTH DEGREE. THE COURT SHALL SENTENCE THE OFFENDER IN 5,031
ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE 5,032
AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY TERM OF 5,034
LOCAL INCARCERATION OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,036
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(1) OF SECTION 5,037
2929.13 OF THE REVISED CODE. THE COURT, PURSUANT TO SECTION 5,038
2929.17 OF THE REVISED CODE, MAY IMPOSE UPON THE OFFENDER A 5,041
SENTENCE THAT INCLUDES A TERM OF ELECTRONICALLY MONITORED HOUSE
ARREST, PROVIDED THAT THE TERM OF ELECTRONICALLY MONITORED HOUSE 5,042
ARREST SHALL NOT COMMENCE UNTIL AFTER THE OFFENDER HAS SERVED THE 5,043
MANDATORY TERM OF LOCAL INCARCERATION. 5,044
(ii) IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 5,046
PLEADED GUILTY TO A VIOLATION OF DIVISION (A) OF SECTION 4511.19 5,047
OF THE REVISED CODE UNDER CIRCUMSTANCES IN WHICH THE VIOLATION 5,049
WAS A FELONY, REGARDLESS OF WHEN THE PRIOR VIOLATION AND THE 5,050
PRIOR CONVICTION OR GUILTY PLEA OCCURRED, THE OFFENDER IS GUILTY 5,051
OF A FELONY OF THE THIRD DEGREE. THE COURT SHALL SENTENCE THE 5,053
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 5,054
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY 5,055
PRISON TERM OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,056
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(2) OF SECTION 5,057
2929.13 OF THE REVISED CODE.
(iii) IN ADDITION TO ALL OTHER SANCTIONS IMPOSED ON AN 5,059
OFFENDER UNDER DIVISION (A)(8)(a)(i) OR (ii) OF THIS SECTION, THE 5,061
123
COURT SHALL IMPOSE UPON THE OFFENDER, PURSUANT TO SECTION 2929.18 5,062
OF THE REVISED CODE, A FINE OF NOT LESS THAN SEVEN HUNDRED FIFTY 5,064
NOR MORE THAN TEN THOUSAND DOLLARS. 5,065
IN ADDITION TO ANY OTHER SANCTION THAT IT IMPOSES UPON THE 5,068
OFFENDER UNDER DIVISION (A)(8)(a)(i) OR (ii) OF THIS SECTION, THE 5,069
COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN ALCOHOL AND DRUG 5,072
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED 5,073
CODE. THE COST OF THE TREATMENT SHALL BE PAID BY THE OFFENDER. 5,075
IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE TO PAY THE 5,076
COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE COURT MAY ORDER 5,077
THAT PAYMENT OF THE COST OF THE OFFENDER'S ATTENDANCE AT THE 5,078
TREATMENT PROGRAM BE MADE FROM THE COURT'S INDIGENT DRIVERS 5,079
ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWO HUNDRED 5,081
TEN DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 5,082
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 5,083
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 5,084
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 5,085
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 5,087
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 5,088
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 5,089
THE PUBLIC OF THE LAWS GOVERNING OPERATION OF A MOTOR VEHICLE 5,090
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATION OF 5,091
A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 5,092
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 5,093
CONSUMPTION OF ALCOHOLIC BEVERAGES. THREE HUNDRED NINETY DOLLARS 5,094
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO 5,095
THE POLITICAL SUBDIVISION RESPONSIBLE FOR HOUSING THE OFFENDER 5,096
DURING THE OFFENDER'S TERM OF INCARCERATION. THE POLITICAL 5,097
SUBDIVISION SHALL USE THIS SHARE TO PAY OR REIMBURSE 5,099
INCARCERATION COSTS IT INCURS IN HOUSING PERSONS WHO VIOLATE 5,100
SECTION 4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY SIMILAR 5,101
MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION INTERLOCK DEVICES AND 5,102
ELECTRONIC HOUSE ARREST EQUIPMENT FOR PERSONS WHO VIOLATE THAT 5,103
124
SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT OF THE FUND 5,104
THAT PAYS THE COST OF INCARCERATION. THE BALANCE OF THE FINE 5,105
SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 5,107
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 5,108
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 5,110
ADDITION TO THE SANCTIONS IMPOSED UNDER DIVISION (A)(8)(a) OF 5,111
THIS SECTION AND ALL OTHER SANCTIONS PROVIDED BY LAW AND SUBJECT 5,113
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE CRIMINAL 5,115
FORFEITURE TO THE STATE OF THE VEHICLE THE OFFENDER WAS OPERATING 5,117
AT THE TIME OF THE OFFENSE. THE ORDER OF CRIMINAL FORFEITURE 5,118
SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH SECTION 4503.234 5,119
OF THE REVISED CODE. 5,120
(c) AS USED IN DIVISION (A)(8)(a) OF THIS SECTION, 5,123
"MANDATORY PRISON TERM" AND "MANDATORY TERM OF LOCAL
INCARCERATION" HAVE THE SAME MEANINGS AS IN SECTION 2929.01 OF 5,125
THE REVISED CODE.
(d) IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO AN 5,127
ORDER FOR CRIMINAL FORFEITURE UNDER THIS SECTION IS ASSIGNED OR 5,129
TRANSFERRED AND DIVISION (C)(2) OR (3) OF SECTION 4503.234 OF THE 5,131
REVISED CODE APPLIES, IN ADDITION TO OR INDEPENDENT OF ANY OTHER 5,133
PENALTY ESTABLISHED BY LAW, THE COURT MAY FINE THE OFFENDER THE 5,134
VALUE OF THE VEHICLE AS DETERMINED BY PUBLICATIONS OF THE
NATIONAL AUTO DEALER'S ASSOCIATION. THE PROCEEDS FROM ANY FINE 5,135
IMPOSED UNDER THIS DIVISION SHALL BE DISTRIBUTED IN ACCORDANCE 5,136
WITH DIVISION (D)(4) OF SECTION 4503.234 OF THE REVISED CODE. 5,138
(9)(a) Except as provided in division (A)(5)(9)(b) of this 5,141
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1), 5,142
(2), (3), or (4), (5), (6), (7), OR (8) of this section to 5,145
continue the offender's employment, the court may authorize that 5,146
the offender be granted work release from imprisonment after the 5,147
offender has served the three, SIX, ten, or TWENTY, thirty, OR 5,149
SIXTY consecutive days of imprisonment or the mandatory term of 5,151
125
local incarceration of sixty OR ONE HUNDRED TWENTY consecutive 5,152
days that the court is required by division (A)(1), (2), (3), or 5,153
(4), (5), (6), (7), OR (8) of this section to impose. No court 5,156
shall authorize work release from imprisonment during the three, 5,157
SIX, ten, or TWENTY, thirty, OR SIXTY consecutive days of 5,159
imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty OR ONE HUNDRED TWENTY consecutive 5,160
days that the court is required by division (A)(1), (2), (3), or 5,162
(4), (5), (6), (7), OR (8) of this section to impose. The 5,164
duration of the work release shall not exceed the time necessary 5,165
each day for the offender to commute to and from the place of
employment and the place of imprisonment and the time actually 5,166
spent under employment. 5,167
(b) An offender who is sentenced pursuant to division 5,169
(A)(2) or, (3), (6), OR (7) of this section to a term of 5,172
imprisonment followed by a period of electronically monitored
house arrest is not eligible for work release from imprisonment, 5,174
but that person shall be permitted work release during the period 5,175
of electronically monitored house arrest. The duration of the 5,176
work release shall not exceed the time necessary each day for the 5,177
offender to commute to and from the place of employment and the 5,178
offender's home or other place specified by the sentencing court 5,179
and the time actually spent under employment. 5,180
(6)(10) Notwithstanding any section of the Revised Code 5,182
that authorizes the suspension of the imposition or execution of 5,183
a sentence, the placement of an offender in any treatment program 5,185
in lieu of imprisonment, or the use of a community control
sanction for an offender convicted of a felony, no court shall 5,187
suspend the ten or, TWENTY, thirty, OR SIXTY consecutive days of 5,189
imprisonment required to be imposed on an offender by division 5,190
(A)(2) or, (3), (6), OR (7) of this section, no court shall place 5,192
an offender who is sentenced pursuant to division (A)(2), (3), or 5,193
(4), (6), (7), OR (8) of this section in any treatment program in 5,196
lieu of imprisonment until after the offender has served the ten 5,197
126
or, TWENTY, thirty, OR SIXTY consecutive days of imprisonment or 5,199
the mandatory term of local incarceration or mandatory prison 5,200
term of sixty OR ONE HUNDRED TWENTY consecutive days required to 5,201
be imposed pursuant to division (A)(2), (3), or (4), (6), (7), OR 5,204
(8) of this section, no court that sentences an offender under 5,205
division (A)(4) OR (8) of this section shall impose any sanction 5,207
other than a mandatory term of local incarceration or mandatory 5,208
prison term to apply to the offender until after the offender has 5,209
served the mandatory term of local incarceration or mandatory 5,210
prison term of sixty OR ONE HUNDRED TWENTY consecutive days 5,211
required to be imposed pursuant to division (A)(4) OR (8) of this 5,213
section, and no court that imposes a sentence of imprisonment and 5,214
a period of electronically monitored house arrest upon an 5,215
offender under division (A)(2) or, (3), (6), OR (7) of this 5,217
section shall suspend any portion of the sentence or place the 5,218
offender in any treatment program in lieu of imprisonment or 5,219
electronically monitored house arrest. Notwithstanding any 5,220
section of the Revised Code that authorizes the suspension of the 5,221
imposition or execution of a sentence or the placement of an 5,222
offender in any treatment program in lieu of imprisonment, no 5,223
court, except as specifically authorized by division (A)(1) OR 5,224
(5) of this section, shall suspend the three OR ANY PART OF THE 5,225
SIX consecutive days of imprisonment required to be imposed by 5,226
division (A)(1) OR (5) of this section or place an offender who 5,227
is sentenced pursuant to division (A)(1) OR (5) of this section 5,228
in any treatment program in lieu of imprisonment until after the 5,229
offender has served the three OR SIX consecutive days of 5,230
imprisonment required to be imposed pursuant to division (A)(1) 5,231
OR (5) of this section. 5,232
(7)(11) No court shall sentence an offender to an alcohol 5,234
treatment program pursuant to division (A)(1), (2), (3), or (4), 5,235
(5), (6), (7), OR (8) of this section unless the treatment 5,237
program complies with the minimum standards adopted pursuant to 5,239
Chapter 3793. of the Revised Code by the director of alcohol and 5,240
127
drug addiction services. 5,241
(8)(12) No court shall impose the alternative sentence of 5,243
a term of imprisonment of five consecutive days plus not less 5,244
than eighteen consecutive days A TERM of electronically monitored 5,245
house arrest permitted to be imposed by division (A)(2), (3), 5,246
(6), OR (7) of this section, or the alternative sentence of a 5,248
term of imprisonment of fifteen consecutive days plus not less 5,249
than fifty-five consecutive days of electronically monitored 5,250
house arrest permitted to be imposed pursuant to division (A)(3) 5,251
of this section, unless within sixty days of the date of 5,252
sentencing, the court issues a written finding, entered into the 5,253
record, that due to the unavailability of space at the 5,254
incarceration facility where the offender is required to serve 5,255
the term of imprisonment imposed upon the offender, the offender 5,256
will not be able to commence serving the term of imprisonment 5,258
within the sixty-day period following the date of sentencing. If 5,259
the court issues a WRITTEN finding OF THAT NATURE, the court may 5,260
impose the alternative sentence comprised of a term of 5,262
imprisonment and a term of electronically monitored house arrest 5,263
permitted to be imposed by division (A)(2) or, (3), (6), OR (7) 5,264
of this section.
(B) Whoever violates section 4511.192, 4511.251, or 5,266
4511.85 of the Revised Code is guilty of a misdemeanor of the 5,267
first degree. The court, in addition to or independent of all 5,268
other penalties provided by law, may suspend for a period not to 5,269
exceed one year the driver's or commercial driver's license or 5,270
permit or nonresident operating privilege of any person who 5,271
pleads guilty to or is convicted of a violation of section 5,272
4511.192 of the Revised Code. 5,273
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 5,275
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 5,276
guilty of one of the following: 5,277
(1) Except as otherwise provided in division (C)(2) of 5,279
this section, a minor misdemeanor. 5,280
128
(2) If the offender previously has been convicted of or 5,283
pleaded guilty to one or more violations of section 4511.63, 5,284
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 5,285
Revised Code or a municipal ordinance that is substantially 5,286
similar to any of those sections, a misdemeanor of the fourth 5,289
degree.
(D)(1) Whoever violates any provision of sections 4511.01 5,291
to 4511.76 or section 4511.84 of the Revised Code, for which no 5,292
penalty otherwise is provided in this section is guilty of one of 5,293
the following: 5,294
(a) Except as otherwise provided in division (D)(1)(b), 5,297
(1)(c), (2), or (3) of this section, a minor misdemeanor; 5,298
(b) If, within one year of the offense, the offender 5,300
previously has been convicted of or pleaded guilty to one 5,302
violation of any provision of sections 4511.01 to 4511.76 or 5,304
section 4511.84 of the Revised Code for which no penalty 5,305
otherwise is provided in this section or a municipal ordinance 5,307
that is substantially similar to any provision of sections 5,308
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 5,309
which no penalty otherwise is provided in this section, a 5,310
misdemeanor of the fourth degree; 5,312
(c) If, within one year of the offense, the offender 5,314
previously has been convicted of or pleaded guilty to two or more 5,315
violations of any provision described in division (D)(1)(b) of 5,317
this section or any municipal ordinance that is substantially 5,318
similar to any of those provisions, a misdemeanor of the third 5,319
degree. 5,320
(2) When any person is found guilty of a first offense for 5,322
a violation of section 4511.21 of the Revised Code upon a finding 5,323
that the person operated a motor vehicle faster than thirty-five 5,325
miles an hour in a business district of a municipal corporation, 5,326
or faster than fifty miles an hour in other portions, or faster 5,327
than thirty-five miles an hour while passing through a school 5,328
zone during recess or while children are going to or leaving 5,329
129
school during the opening or closing hours, the person is guilty 5,330
of a misdemeanor of the fourth degree. 5,331
(3) Notwithstanding section 2929.21 of the Revised Code, 5,333
upon a finding that such person operated a motor vehicle in a 5,334
construction zone where a sign was then posted in accordance with 5,335
section 4511.98 of the Revised Code, the court, in addition to 5,336
all other penalties provided by law, shall impose a fine of two 5,337
times the usual amount imposed for the violation. No court shall 5,338
impose a fine of two times the usual amount imposed for the 5,339
violation upon an offender who alleges, in an affidavit filed 5,340
with the court prior to the offender's sentencing, that the 5,341
offender is indigent and is unable to pay the fine imposed 5,342
pursuant to this division, provided the court determines the 5,343
offender is an indigent person and is unable to pay the fine. 5,344
(E) Whenever a person is found guilty in a court of record 5,346
of a violation of section 4511.761, 4511.762, or 4511.77 of the 5,347
Revised Code, the trial judge, in addition to or independent of 5,348
all other penalties provided by law, may suspend for any period 5,349
of time not exceeding three years, or revoke the license of any 5,350
person, partnership, association, or corporation, issued under 5,351
section 4511.763 of the Revised Code. 5,352
(F) Whoever violates division (E) or (F) of section 5,354
4511.51, division (A), (D), or (E) of section 4511.521, section 5,355
4511.681, division (A), (C), or (F) of section 4511.69, section 5,356
4511.772, or division (A) or (B) of section 4511.82 of the 5,357
Revised Code is guilty of a minor misdemeanor. 5,358
(G) Whoever violates division (A) of section 4511.75 of 5,360
the Revised Code may be fined an amount not to exceed five 5,361
hundred dollars. A person who is issued a citation for a 5,362
violation of division (A) of section 4511.75 of the Revised Code 5,363
is not permitted to enter a written plea of guilty and waive the 5,364
person's right to contest the citation in a trial, but instead 5,365
must appear in person in the proper court to answer the charge. 5,366
(H)(1) Whoever is a resident of this state and violates 5,368
130
division (A) or (B) of section 4511.81 of the Revised Code shall 5,369
be punished as follows: 5,370
(a) Except as otherwise provided in division (H)(1)(b) of 5,372
this section, the offender is guilty of a minor misdemeanor. 5,374
(b) If the offender previously has been convicted of or 5,376
pleaded guilty to a violation of division (A) or (B) of section 5,377
4511.81 of the Revised Code or of a municipal ordinance that is 5,379
substantially similar to either of those divisions, the offender 5,380
is guilty of a misdemeanor of the fourth degree. 5,381
(2) Whoever is not a resident of this state, violates 5,383
division (A) or (B) of section 4511.81 of the Revised Code, and 5,384
fails to prove by a preponderance of the evidence that the 5,385
offender's use or nonuse of a child restraint system was in 5,386
accordance with the law of the state of which the offender is a 5,388
resident is guilty of a minor misdemeanor on a first offense; on 5,390
a second or subsequent offense, that person is guilty of a 5,391
misdemeanor of the fourth degree. 5,392
(3) Sixty-five per cent of every fine imposed pursuant to 5,394
division (H)(1) or (2) of this section shall be forwarded to the 5,395
treasurer of state for deposit in the "child highway safety fund" 5,396
created by division (G) of section 4511.81 of the Revised Code. 5,397
The balance of the fine shall be disbursed as otherwise provided 5,398
by law. 5,399
(I) Whoever violates section 4511.202 of the Revised Code 5,401
is guilty of operating a motor vehicle without being in control 5,402
of it, a minor misdemeanor. 5,403
(J) Whoever violates division (B) of section 4511.74, 5,405
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 5,406
section 4511.83 of the Revised Code is guilty of a misdemeanor of 5,407
the first degree. 5,408
(K) Except as otherwise provided in this division, whoever 5,410
violates division (E) of section 4511.11, division (A) or (C) of 5,411
section 4511.17, or section 4511.18 of the Revised Code is guilty 5,412
of a misdemeanor of the third degree. If a violation of division 5,413
131
(A) or (C) of section 4511.17 of the Revised Code creates a risk 5,414
of physical harm to any person, the offender is guilty of a 5,415
misdemeanor of the first degree. A violation of division (A) or 5,416
(C) of section 4511.17 of the Revised Code that causes serious 5,417
physical harm to property that is owned, leased, or controlled by 5,418
a state or local authority is a felony of the fifth degree. 5,420
(L) Whoever violates division (H) of section 4511.69 of 5,422
the Revised Code shall be punished as follows: 5,423
(1) Except as otherwise provided in division (L)(2) of 5,426
this section, the offender shall be issued a warning. 5,427
(2) If the offender previously has been convicted of or 5,429
pleaded guilty to a violation of division (H) of section 4511.69 5,430
of the Revised Code or of a municipal ordinance that is 5,431
substantially similar to that division, the offender shall not be 5,432
issued a warning but shall be fined twenty-five dollars for each 5,433
parking location that is not properly marked or whose markings 5,435
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 5,437
4511.45 of the Revised Code is guilty of a misdemeanor of the 5,438
fourth degree on a first offense; on a second offense within one 5,439
year after the first offense, the person is guilty of a 5,440
misdemeanor of the third degree; and on each subsequent offense 5,441
within one year after the first offense, the person is guilty of 5,442
a misdemeanor of the second degree. 5,443
(N)(1) Whoever violates division (B) of section 4511.19 of 5,446
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 5,447
(a) Except as otherwise provided in division (N)(1)(b) of 5,450
this section, the offender is guilty of a misdemeanor of the 5,452
fourth degree.
(b) If, within one year of the offense, the offender has 5,454
been convicted of or pleaded guilty to any violation of division 5,455
(A) or (B) of section 4511.19 of the Revised Code, a municipal 5,456
ordinance relating to operating a vehicle while under the 5,457
132
influence of alcohol, a drug of abuse, or alcohol and a drug of 5,458
abuse, a municipal ordinance relating to operating a vehicle with 5,459
a prohibited concentration of alcohol in the blood, breath, or 5,460
urine, section 2903.04 of the Revised Code in a case in which the 5,461
offender was subject to the sanctions described in division (D) 5,462
of that section, section 2903.06, 2903.07, or 2903.08 of the 5,463
Revised Code or a municipal ordinance that is substantially 5,464
similar to section 2903.07 of the Revised Code in a case in which 5,465
the jury or judge found that the offender was under the influence 5,466
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,467
statute of the United States or of any other state or a municipal 5,469
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 5,470
4511.19 of the Revised Code, the offender is guilty of a 5,471
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 5,473
provided by law, the offender's driver's or commercial driver's 5,474
license or permit or nonresident operating privilege shall be 5,475
suspended in accordance with, and for the period of time 5,476
specified in, division (E) of section 4507.16 of the Revised 5,477
Code. 5,478
(O) Whoever violates section 4511.62 of the Revised Code 5,481
is guilty of a misdemeanor of the fourth degree.
Sec. 5120.032. (A) No later than January 1, 1998, the 5,491
department of rehabilitation and correction shall develop and 5,493
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this 5,494
section. The intensive program prisons shall include institutions 5,495
at which imprisonment of the type described in division (B)(2)(a) 5,497
of section 5120.031 of the Revised Code is provided and prisons 5,498
that focus on educational achievement, vocational training, 5,499
alcohol and other drug abuse treatment, community service and 5,500
conservation work, and other intensive regimens or combinations 5,501
of intensive regimens.
133
(B)(1) Except as provided in division (B)(2) of this 5,504
section, the department may place a prisoner in an intensive 5,505
program prison established pursuant to division (A) of this 5,506
section subject to the approval of the sentencing judge. At 5,507
least three weeks prior to placing a prisoner in an intensive 5,509
program prison, the department shall give notice of the placement 5,510
and of the fact that the judge may disapprove the placement. If 5,511
the judge disapproves the placement, the judge shall notify the 5,512
department of the disapproval within ten days after receipt of 5,513
the notice. If the judge timely disapproves the placement, the
department shall not proceed with it. If the judge does not 5,514
timely disapprove of the placement, the department may proceed 5,515
with plans for it.
The department may reduce the stated prison term of a 5,518
prisoner upon the prisoner's successful completion of a
ninety-day period in an intensive program prison. A prisoner 5,519
whose term has been so reduced shall be required to serve an 5,521
intermediate, transitional type of detention followed by a 5,522
release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 5,523
sanctions, as described in division (B)(2)(b)(ii) of section 5,524
5120.031 of the Revised Code. In either case, the placement 5,525
under post-release control sanctions shall be under terms set by 5,528
the parole board in accordance with section 2967.28 of the 5,529
Revised Code and shall be subject to the provisions of that 5,532
section with respect to a violation of any post-release control 5,534
sanction.
(2) A prisoner who is in any of the following categories 5,536
is not eligible to participate in an intensive program prison 5,538
established pursuant to division (A) of this section: 5,539
(a) The prisoner is serving a prison term for aggravated 5,542
murder, murder, or a felony of the first or second degree or a 5,543
comparable offense under the law in effect prior to the effective 5,545
date of this section JULY 1, 1996, or the prisoner previously has 5,546
134
been imprisoned for aggravated murder, murder, or a felony of the 5,547
first or second degree or a comparable offense under the law in 5,548
effect prior to the effective date of this section JULY 1, 1996. 5,550
(b) The prisoner is serving a mandatory prison term, as 5,552
defined in section 2929.01 of the Revised Code. 5,553
(c) The prisoner is serving a prison term for a felony of 5,555
the third, fourth, or fifth degree that either is a sex offense, 5,556
an offense betraying public trust, or an offense in which the 5,557
prisoner caused or attempted to cause actual physical harm to a 5,558
person, the prisoner is serving a prison term for a comparable 5,559
offense under the law in effect prior to the effective date of 5,560
this section JULY 1, 1996, or the prisoner previously has been 5,561
imprisoned for an offense of that type or a comparable offense 5,562
under the law in effect prior to the effective date of this 5,563
section JULY 1, 1996. 5,564
(d) The prisoner is serving a mandatory prison term in 5,566
prison for a fourth THIRD degree felony OMVI offense, as defined 5,568
in section 2929.01 of the Revised Code, that was imposed pursuant 5,569
to division (G)(2) of section 2929.13 of the Revised Code. 5,570
(C) Upon the implementation of intensive program prisons 5,572
pursuant to division (A) of this section, the department at all 5,573
times shall maintain intensive program prisons sufficient in 5,574
number to reduce the prison terms of at least three hundred fifty 5,575
prisoners who are eligible for reduction of their stated prison 5,576
terms as a result of their completion of a regimen in an
intensive program prison under this section. 5,578
Sec. 5120.033. (A) As used in this section, "fourth THIRD 5,587
degree felony OMVI offense" has the same meaning as in section 5,590
2929.01 of the Revised Code. 5,591
(B) Within eighteen months after the effective date of 5,593
this section OCTOBER 17, 1996, the department of rehabilitation 5,595
and correction shall develop and implement intensive program 5,596
prisons for male and female prisoners who are sentenced pursuant 5,597
to division (G)(2) of section 2929.13 of the Revised Code to a 5,598
135
mandatory prison term for a fourth THIRD degree felony OMVI 5,600
offense. The department shall contract pursuant to section 9.06 5,601
of the Revised Code for the private operation and management of 5,602
the initial intensive program prison established under this 5,603
section and may contract pursuant to that section for the private 5,604
operation and management of any other intensive program prison 5,605
established under this section. The intensive program prisons 5,606
established under this section shall include prisons that focus 5,608
on educational achievement, vocational training, alcohol and 5,609
other drug abuse treatment, community service and conservation 5,610
work, and other intensive regimens or combinations of intensive 5,611
regimens.
(C) Except as provided in division (D) of this section, 5,614
the department may place a prisoner who is sentenced to a
mandatory prison term for a fourth THIRD degree felony OMVI 5,615
offense in an intensive program prison established pursuant to 5,618
division (B) of this section if the sentencing judge, upon 5,619
notification by the department of its intent to place the 5,620
prisoner in an intensive program prison, does not notify the 5,621
department that the judge disapproves the placement. If the 5,623
stated prison term imposed on a prisoner who is so placed is 5,624
longer than the mandatory prison term that is required to be 5,625
imposed on the prisoner, the department may reduce the stated
prison term upon the prisoner's successful completion of the 5,627
prisoner's mandatory prison term in an intensive program prison.
A prisoner whose term has been so reduced shall be required to 5,629
serve an intermediate, transitional type of detention followed by 5,630
a release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 5,631
sanctions, as described in division (B)(2)(b)(ii) of section 5,632
5120.031 of the Revised Code. In either case, the placement 5,633
under post-release control sanctions shall be under terms set by 5,634
the parole board in accordance with section 2967.28 of the 5,635
Revised Code and shall be subject to the provisions of that 5,636
136
section with respect to a violation of any post-release control 5,637
sanction. Upon the establishment of the initial intensive 5,638
program prison pursuant to division (B) of this section that is 5,639
privately operated and managed by a contractor pursuant to a
contract entered into under section 9.06 of the Revised Code, the 5,641
department shall comply with divisions (G)(2)(a) and (b) of 5,642
section 2929.13 of the Revised Code in placing prisoners in 5,643
intensive program prisons under this section. 5,645
(D) A prisoner who is sentenced to a mandatory prison term 5,647
for a fourth THIRD degree felony OMVI offense is not eligible to 5,649
participate in an intensive program prison established under 5,650
division (B) of this section if any of the following applies
regarding the prisoner: 5,651
(1) In addition to the mandatory prison term for the 5,653
fourth THIRD degree felony OMVI offense, the prisoner also is 5,655
serving a prison term of a type described in division (B)(2)(a), 5,656
(b), or (c) of section 5120.032 of the Revised Code. 5,657
(2) The prisoner previously has been imprisoned for an 5,660
offense of a type described in division (B)(2)(a) or (c) of 5,661
section 5120.032 of the Revised Code or a comparable offense 5,662
under the law in effect prior to July 1, 1996.
(E) Intensive program prisons established under division 5,664
(B) of this section are not subject to section 5120.032 of the 5,665
Revised Code.
Sec. 5120.161. (A) Except as provided in division (C) of 5,674
this section, the department of rehabilitation and correction may 5,675
enter into an agreement with any local authority operating a 5,676
county, multicounty, municipal, municipal-county, or 5,677
multicounty-municipal jail or workhouse, as described in section 5,678
307.93, 341.21, or 753.16 of the Revised Code, for the housing in 5,679
the jail or workhouse operated by the local authority of persons 5,680
who are convicted of or plead guilty to a felony of the fourth or 5,682
fifth degree if the person previously has not been convicted of 5,684
or pleaded guilty to a felony and if the felony is not an offense 5,686
137
of violence. The agreement shall specify a per diem fee that the 5,687
department shall pay the local authority for each such person 5,688
housed in the jail or workhouse pursuant to the agreement, shall 5,689
set forth any other terms and conditions for the housing of such 5,690
persons in the jail or workhouse, and shall indicate that the 5,691
department, subject to the relevant terms and conditions set 5,692
forth, may designate those persons to be housed at the jail or 5,693
workhouse.
(B) A person designated by the department to be housed in 5,695
a county, multicounty, municipal, municipal-county, or 5,696
multicounty-municipal jail or workhouse that is the subject of an 5,697
agreement entered into under division (A) of this section shall 5,698
be conveyed by the department to that jail or workhouse and shall 5,699
be kept at the jail or workhouse until the person's term of 5,700
imprisonment expires, the person is pardoned, paroled, or placed 5,703
under a post-release control sanction, or the person is
transferred under the laws permitting the transfer of prisoners. 5,704
The department shall pay the local authority that operates the 5,705
jail or workhouse the per diem fee specified in the agreement for 5,706
each such person housed in the jail or workhouse. Each such 5,707
person housed in the jail or workhouse shall be under the direct 5,708
supervision and control of the keeper, superintendent, or other 5,709
person in charge of the jail or workhouse, but shall be 5,710
considered for all other purposes to be within the custody of the 5,711
department of rehabilitation and correction. Section 2967.193 of 5,713
the Revised Code and all other provisions of the Revised Code 5,715
that pertain to persons within the custody of the department that 5,716
would not by their nature clearly be inapplicable apply to 5,717
persons housed pursuant to this section.
(C) The department of rehabilitation and correction shall 5,719
not enter into an agreement pursuant to division (A) of this 5,720
section with any local authority unless the jail or workhouse 5,721
operated by the authority complies with the Minimum Standards for 5,722
Jails in Ohio. 5,723
138
(D) A court that sentences a person for a felony may 5,725
include as the sentence or part of the sentence, in accordance 5,726
with division (A) of section 2929.16 of the Revised Code and 5,727
regardless of whether the jail or workhouse is the subject of an 5,729
agreement entered into under division (A) of this section, a 5,730
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 5,731
offense and the offender previously has not been convicted of a 5,732
fourth degree felony OMVI offense, a sanction that consists of a 5,734
term of up to one year in a jail less the mandatory term of local 5,736
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days 5,738
imposed pursuant to division (G)(1) of section 2929.13 of the 5,739
Revised Code.
(E) "Fourth degree felony OMVI offense" and "mandatory 5,741
term of local incarceration" have the same meanings as in section 5,742
2929.01 of the Revised Code. 5,743
Section 2. That existing sections 2323.59, 2929.01, 5,745
2929.13, 2929.14, 2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 5,746
2929.23, 2929.41, 3793.10, 4503.233, 4507.164, 4511.19, 4511.191, 5,748
4511.99, 5120.032, 5120.033, and 5120.161 of the Revised Code are 5,749
hereby repealed. 5,750
Section 3. Section 2929.01 of the Revised Code was amended 5,752
by both H.B. 378 and Am. Sub. S.B. 111 of the 122nd General 5,753
Assembly. Comparison of these amendments in pursuance of section 5,754
1.52 of the Revised Code discloses that while certain of the 5,755
amendments of these acts are reconcilable, certain other of the 5,756
amendments are substantively irreconcilable. H.B. 378 was passed 5,757
on November 13, 1997; S.B. 111 was passed on November 18, 1997. 5,758
Section 2929.01 of the Revised Code is therefore presented in 5,759
this act as it results from S.B. 111 and such of the amendments 5,760
of H.B. 378 as are not in conflict with the amendments of S.B. 5,761
111. This is in recognition of the principles stated in division 5,762
(B) of section 1.52 of the Revised Code that amendments are to be 5,763
harmonized where not substantively irreconcilable, and that where 5,764
139
amendments are substantively irreconcilable, the latest amendment 5,765
is to prevail. This section constitutes a legislative finding 5,766
that such harmonized and reconciled section was the resulting
version in effect prior to the effective date of this act. 5,767
Section 4. Sections 2929.15, 2929.17, and 5120.032 of the 5,770
Revised Code are presented in this act as a composite of the 5,771
sections as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 5,772
166 of the 121st General Assembly, with the new language of 5,773
neither of the acts shown in capital letters. Section 2929.19 of 5,774
the Revised Code is presented in this act as a composite of the 5,775
sections as amended by Am. Sub. S.B. 269, Am. Sub. S.B. 166, and 5,776
Am. Sub. H.B. 180 of the 121st General Assembly, with the new 5,777
language of none of the acts shown in capital letters. Section 5,778
2929.41 of the Revised Code is presented in this act as a 5,779
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 5,780
language of neither of the acts shown in capital letters. 5,781
Section 4503.233 of the Revised Code is presented in this act as 5,783
a composite of the section as amended by both Am. Sub. H.B. 353 5,784
and Am. Sub. H.B. 676 of the 121st General Assembly, with the new 5,785
language of neither of the acts shown in capital letters. This 5,786
is in recognition of the principle stated in division (B) of 5,787
section 1.52 of the Revised Code that such amendments are to be 5,788
harmonized where not substantively irreconcilable and constitutes 5,789
a legislative finding that such is the resulting version in 5,790
effect prior to the effective date of this act. 5,791