As Reported by House Criminal Justice Committee 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- 10
REPRESENTATIVES WOMER BENJAMIN-WILLAMOWSKI-BUEHRER
_________________________________________________________________ 11
A B I L L
To amend sections 2929.01, 2929.13, 2929.14, 13
2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 14
2929.23, 2929.41, 2937.222, 3793.10, 4503.233, 15
4503.44, 4507.164, 4511.19, 4511.191, 4511.99, 16
5120.032, 5120.033, and 5120.161 of the Revised 17
Code to establish stricter penalties for a person
who commits state OMVI and has a concentration of 18
.17 of one per cent or more by weight of alcohol 19
in the person's blood, a concentration of .17 of 20
one gram or more by weight of alcohol per 210 21
liters of the person's breath, or a concentration
of .238 of one gram or more by weight of alcohol 22
per 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, 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, and to provide that when an organization 30
or person renews the registration of a motor
vehicle that displays special license plates 31
bearing the International Symbol of Access the
organization or person must present a signed 32
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statement from the person's personal physician or 33
chiropractor or documentary evidence of specified
vehicle alterations every fifth year, rather than 34
every year.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 36
Section 1. That sections 2929.01, 2929.13, 2929.14, 38
2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 2929.41, 39
2937.222, 3793.10, 4503.233, 4503.44, 4507.164, 4511.19, 41
4511.191, 4511.99, 5120.032, 5120.033, and 5120.161 of the 43
Revised Code be amended to read as follows:
Sec. 2929.01. As used in this chapter: 53
(A)(1) "Alternative residential facility" means, subject 55
to division (A)(2) of this section, any facility other than an 56
offender's home or residence in which an offender is assigned to 57
live and that satisfies all of the following criteria: 58
(a) It provides programs through which the offender may 60
seek or maintain employment or may receive education, training, 61
treatment, or habilitation. 62
(b) It has received the appropriate license or certificate 64
for any specialized education, training, treatment, habilitation, 65
or other service that it provides from the government agency that 66
is responsible for licensing or certifying that type of 67
education, training, treatment, habilitation, or service. 68
(2) "Alternative residential facility" does not include a 71
community-based correctional facility, jail, halfway house, or 72
prison.
(B) "Bad time" means the time by which the parole board 74
administratively extends an offender's stated prison term or 75
terms pursuant to section 2967.11 of the Revised Code because the 76
parole board finds by clear and convincing evidence that the 77
offender, while serving the prison term or terms, committed an 78
act that is a criminal offense under the law of this state or the 79
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United States, whether or not the offender is prosecuted for the 81
commission of that act.
(C) "Basic supervision" means a requirement that the 84
offender maintain contact with a person appointed to supervise 86
the offender in accordance with sanctions imposed by the court or 87
imposed by the parole board pursuant to section 2967.28 of the 88
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 90
"unit dose" have the same meanings as in section 2925.01 of the 91
Revised Code.
(E) "Community-based correctional facility" means a 94
community-based correctional facility and program or district 95
community-based correctional facility and program developed 96
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 97
(F) "Community control sanction" means a sanction that is 100
not a prison term and that is described in section 2929.15, 101
2929.16, 2929.17, or 2929.18 of the Revised Code. 102
(G) "Criminally injurious conduct" means any conduct of 105
the type that is described in division (C)(1) or (2) of section 106
2743.51 of the Revised Code and that occurs on or after July 1, 107
1996, or any activity that is described in divisions (C)(3) and 108
(R) of section 2743.51 of the Revised Code and that occurs on or 109
after the effective date of this amendment MARCH 10, 1998. 111
(H) "Controlled substance," "marihuana," "schedule I," and 113
"schedule II" have the same meanings as in section 3719.01 of the 115
Revised Code.
(I) "Curfew" means a requirement that an offender during a 118
specified period of time be at a designated place. 119
(J) "Day reporting" means a sanction pursuant to which an 122
offender is required each day to report to and leave a center or 123
other approved reporting location at specified times in order to 124
participate in work, education or training, treatment, and other 125
approved programs at the center or outside the center. 126
(K) "Deadly weapon" has the same meaning as in section 129
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2923.11 of the Revised Code. 130
(L) "Drug and alcohol use monitoring" means a program 133
under which an offender agrees to submit to random chemical 134
analysis of the offender's blood, breath, or urine to determine 135
whether the offender has ingested any alcohol or other drugs. 136
(M) "Drug treatment program" means any program under which 139
a person undergoes assessment and treatment designed to reduce or 141
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 142
which the person may be required to receive assessment and 144
treatment on an outpatient basis or may be required to reside at 145
a facility other than the person's home or residence while
undergoing assessment and treatment. 146
(N) "Economic loss" means any economic detriment suffered 149
by a victim as a result of criminally injurious conduct and 150
includes any loss of income due to lost time at work because of 151
any injury caused to the victim, and any property loss, medical 152
cost, or funeral expense incurred as a result of the criminally 153
injurious conduct.
(O) "Education or training" includes study at, or in 156
conjunction with a program offered by, a university, college, or 157
technical college or vocational study and also includes the 158
completion of primary school, secondary school, and literacy 159
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 162
meaning as in section 2929.23 of the Revised Code. 163
(Q) "Eligible offender" has the same meaning as in section 166
2929.23 of the Revised Code except as otherwise specified in 167
section 2929.20 of the Revised Code. 168
(R) "Firearm" has the same meaning as in section 2923.11 171
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 174
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 176
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Revised Code as a suitable facility for the care and treatment of 177
adult offenders.
(T) "House arrest" means a period of confinement of an 179
eligible offender that is in the eligible offender's home or in 180
other premises specified by the sentencing court or by the parole 181
board pursuant to section 2967.28 of the Revised Code, that may 182
be electronically monitored house arrest, and during which all of 183
the following apply: 184
(1) The eligible offender is required to remain in the 186
eligible offender's home or other specified premises for the 188
specified period of confinement, except for periods of time 189
during which the eligible offender is at the eligible offender's 190
place of employment or at other premises as authorized by the 192
sentencing court or by the parole board.
(2) The eligible offender is required to report 195
periodically to a person designated by the court or parole board. 196
(3) The eligible offender is subject to any other 198
restrictions and requirements that may be imposed by the 199
sentencing court or by the parole board. 200
(U) "Intensive supervision" means a requirement that an 203
offender maintain frequent contact with a person appointed by the 204
court, or by the parole board pursuant to section 2967.28 of the 205
Revised Code, to supervise the offender while the offender is 206
seeking or maintaining necessary employment and participating in 207
training, education, and treatment programs as required in the 208
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 211
or other residential facility used for the confinement of alleged 212
or convicted offenders that is operated by a political 213
subdivision or a combination of political subdivisions of this 214
state.
(W) "Delinquent child" has the same meaning as in section 216
2151.02 of the Revised Code. 217
(X) "License violation report" means a report that is made 220
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by a sentencing court, or by the parole board pursuant to section 221
2967.28 of the Revised Code, to the regulatory or licensing board 223
or agency that issued an offender a professional license or a 224
license or permit to do business in this state and that specifies 225
that the offender has been convicted of or pleaded guilty to an 226
offense that may violate the conditions under which the 227
offender's professional license or license or permit to do 228
business in this state was granted or an offense for which the 229
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 230
(Y) "Major drug offender" means an offender who is 233
convicted of or pleads guilty to the possession of, sale of, or 234
offer to sell any drug, compound, mixture, preparation, or 235
substance that consists of or contains at least one thousand 236
grams of hashish; at least one hundred grams of crack cocaine; at 237
least one thousand grams of cocaine that is not crack cocaine; at 238
least two hundred fifty grams of heroin; at least five thousand 239
unit doses of L.S.D.; or at least one hundred times the amount of 241
any other schedule I or II controlled substance other than 242
marihuana that is necessary to commit a felony of the third 243
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 244
2925.11 of the Revised Code that is based on the possession of, 245
sale of, or offer to sell the controlled substance. 246
(Z) "Mandatory prison term" means one any of the 248
following:
(1) Subject to division (DD)(Z)(2) of this section, the 251
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10) of 252
section 2929.13 and division (D) of section 2929.14 of the 253
Revised Code. Except as provided in sections 2925.02, 2925.03, 255
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 256
maximum or another specific term is required under section 257
2929.14 of the Revised Code, a mandatory prison term described in 258
this division may be any prison term authorized for the level of 259
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offense.
(2) The term of sixty OR ONE HUNDRED TWENTY days in prison 261
that a sentencing court is required to impose for a THIRD OR 262
fourth degree felony OMVI offense pursuant to division (G)(2) of 265
section 2929.13 and division (A)(4) OR (8) of section 4511.99 of 266
the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03 268
of the Revised Code for the offenses and in the circumstances 269
described in division (F)(9) of section 2929.13 of the Revised 270
Code and that term as modified or terminated pursuant to section 272
2971.05 of the Revised Code.
(AA) "Monitored time" means a period of time during which 275
an offender continues to be under the control of the sentencing 276
court or parole board, subject to no conditions other than 277
leading a law-abiding life.
(BB) "Offender" means a person who, in this state, is 280
convicted of or pleads guilty to a felony or a misdemeanor. 281
(CC) "Prison" means a residential facility used for the 284
confinement of convicted felony offenders that is under the 285
control of the department of rehabilitation and correction but 286
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 287
(DD) "Prison term" includes any of the following sanctions 289
for an offender:
(1) A stated prison term; 291
(2) A term in a prison shortened by, or with the approval 294
of, the sentencing court pursuant to section 2929.20, 2967.26, 295
5120.031, 5120.032, or 5120.073 of the Revised Code; 296
(3) A term in prison extended by bad time imposed pursuant 299
to section 2967.11 of the Revised Code or imposed for a violation 300
of post-release control pursuant to section 2967.28 of the 301
Revised Code.
(EE) "Repeat violent offender" means a person about whom 304
both of the following apply:
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(1) The person has been convicted of or has pleaded guilty 307
to, and is being sentenced for committing, for complicity in 308
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 309
other than one set forth in Chapter 2925. of the Revised Code, a 311
felony of the first degree set forth in Chapter 2925. of the 312
Revised Code that involved an attempt to cause serious physical 313
harm to a person or that resulted in serious physical harm to a 314
person, or a felony of the second degree that involved an attempt 315
to cause serious physical harm to a person or that resulted in 317
serious physical harm to a person.
(2) Either of the following applies: 319
(a) The person previously was convicted of or pleaded 321
guilty to, and served a prison term for, any of the following: 322
(i) Aggravated murder, murder, involuntary manslaughter, 324
rape, felonious sexual penetration as it existed under section 326
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 327
death of a person or in physical harm to a person, or complicity 328
in or an attempt to commit any of those offenses; 329
(ii) An offense under an existing or former law of this 332
state, another state, or the United States that is or was 333
substantially equivalent to an offense listed under division 334
(EE)(2)(a)(i) of this section.
(b) The person previously was adjudicated a delinquent 336
child for committing an act that if committed by an adult would 337
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 339
this section, the person was committed to the department of youth 340
services for that delinquent act, and the juvenile court in which 341
the person was adjudicated a delinquent child made a specific 342
finding that the adjudication should be considered a conviction 344
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 345
(FF) "Sanction" means any penalty imposed upon an offender 348
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who is convicted of or pleads guilty to an offense, as punishment 349
for the offense. "Sanction" includes any sanction imposed 350
pursuant to any provision of sections 2929.14 to 2929.18 of the 351
Revised Code.
(GG) "Sentence" means the sanction or combination of 354
sanctions imposed by the sentencing court on an offender who is 355
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 358
prison term, or combination of all prison terms and mandatory 359
prison terms imposed by the sentencing court pursuant to section 360
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 361
includes any credit received by the offender for time spent in 362
jail awaiting trial, sentencing, or transfer to prison for the 363
offense and any time spent under house arrest or electronically 364
monitored house arrest imposed after earning credits pursuant to 365
section 2967.193 of the Revised Code. 366
(II) "Victim-offender mediation" means a reconciliation or 369
mediation program that involves an offender and the victim of the 370
offense committed by the offender and that includes a meeting in 371
which the offender and the victim may discuss the offense, 372
discuss restitution, and consider other sanctions for the 373
offense.
(JJ) "Fourth degree felony OMVI offense" means a violation 376
of division (A) of section 4511.19 of the Revised Code that, 378
under section 4511.99 of the Revised Code, is a felony of the 380
fourth degree.
(KK) "Mandatory term of local incarceration" means the 383
term of sixty OR ONE HUNDRED TWENTY days in a jail, a 384
community-based correctional facility, a halfway house, or an 385
alternative residential facility that a sentencing court is 386
required to MAY impose upon a person who is convicted of or 388
pleads guilty to a fourth degree felony OMVI offense pursuant to 389
division (G)(1) of section 2929.13 of the Revised Code and 390
division (A)(4) OR (8) of section 4511.99 of the Revised Code. 391
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(LL) "Designated homicide, assault, or kidnapping 393
offense," "sexual motivation specification," "sexually violent 394
offense," "sexually violent predator," and "sexually violent 395
predator specification" have the same meanings as in section 396
2971.01 of the Revised Code.
(MM) "Habitual sex offender," "sexually oriented offense," 399
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 400
(NN) "THIRD DEGREE FELONY OMVI OFFENSE" MEANS A VIOLATION 403
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 404
THIRD DEGREE.
Sec. 2929.13. (A) Except as provided in division (E), 414
(F), or (G) of this section and unless a specific sanction is 415
required to be imposed or is precluded from being imposed 416
pursuant to law, a court that imposes a sentence upon an offender 417
for a felony may impose any sanction or combination of sanctions 418
on the offender that are provided in sections 2929.14 to 2929.18 419
of the Revised Code. The sentence shall not impose an 420
unnecessary burden on state or local government resources. 421
If the offender is eligible to be sentenced to community 423
control sanctions, the court shall consider the appropriateness 425
of imposing a financial sanction pursuant to section 2929.18 of 426
the Revised Code or a sanction of community service pursuant to 428
section 2929.17 of the Revised Code as the sole sanction for the 429
offense. Except as otherwise provided in this division, if the 430
court is required to impose a mandatory prison term for the 431
offense for which sentence is being imposed, the court also may 432
impose a financial sanction pursuant to section 2929.18 of the 433
Revised Code but may not impose any additional sanction or 434
combination of sanctions under section 2929.16 or 2929.17 of the 435
Revised Code. 436
If the offender is being sentenced for a fourth degree 438
felony OMVI offense OR FOR A THIRD DEGREE FELONY OMVI OFFENSE, in 440
11
addition to the mandatory term of local incarceration or the 441
mandatory prison term required for the offense by division (G)(1) 443
or (2) of this section, the court shall impose upon the offender 444
a mandatory fine in accordance with division (B)(3) of section 445
2929.18 of the Revised Code and may impose whichever of the 447
following is applicable:
(1) If FOR A FOURTH DEGREE FELONY OMVI OFFENSE FOR WHICH 449
SENTENCE IS IMPOSED UNDER division (G)(1) of this section 450
requires that the offender be sentenced to a mandatory term of 452
local incarceration, an additional community control sanction or 454
combination of community control sanctions under section 2929.16
or 2929.17 of the Revised Code; 456
(2) If FOR A THIRD OR FOURTH DEGREE FELONY OMVI OFFENSE 458
FOR WHICH SENTENCE IS IMPOSED UNDER division (G)(2) of this 460
section requires that the offender be sentenced to a mandatory 462
prison term, an additional prison term as described in division 463
(D)(4) of section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 466
(G) of this section, in sentencing an offender for a felony of 467
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 469
(a) In committing the offense, the offender caused 471
physical harm to a person. 472
(b) In committing the offense, the offender attempted to 475
cause or made an actual threat of physical harm to a person with 476
a deadly weapon.
(c) In committing the offense, the offender attempted to 479
cause or made an actual threat of physical harm to a person, and 480
the offender previously was convicted of an offense that caused 481
physical harm to a person.
(d) The offender held a public office or position of trust 484
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 485
or to bring those committing it to justice; or the offender's 486
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professional reputation or position facilitated the offense or 487
was likely to influence the future conduct of others. 488
(e) The offender committed the offense for hire or as part 490
of an organized criminal activity. 491
(f) The offense is a sex offense that is a fourth or fifth 494
degree felony violation of section 2907.03, 2907.04, 2907.05, 495
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 496
Revised Code.
(g) The offender previously served a prison term. 498
(h) The offender previously was subject to a community 500
control sanction, and the offender committed another offense 502
while under the sanction.
(2)(a) If the court makes a finding described in division 505
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 506
and if the court, after considering the factors set forth in 507
section 2929.12 of the Revised Code, finds that a prison term is 509
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 511
offender is not amenable to an available community control 512
sanction, the court shall impose a prison term upon the offender. 513
(b) Except as provided in division (E), (F), or (G) of 515
this section, if the court does not make a finding described in 517
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 518
section and if the court, after considering the factors set forth 519
in section 2929.12 of the Revised Code, finds that a community 521
control sanction or combination of community control sanctions is 523
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 526
impose a community control sanction or combination of community 527
control sanctions upon the offender. 528
(C) Except as provided in division (E) or, (F), OR (G) of 531
this section, in determining whether to impose a prison term as a 533
sanction for a felony of the third degree or a felony drug 534
offense that is a violation of a provision of Chapter 2925. of 536
13
the Revised Code and that is specified as being subject to this 539
division for purposes of sentencing, the sentencing court shall 540
comply with the purposes and principles of sentencing under 541
section 2929.11 of the Revised Code and with section 2929.12 of 544
the Revised Code.
(D) Except as provided in division (E) or (F) of this 547
section, for a felony of the first or second degree and for a 548
felony drug offense that is a violation of any provision of 549
Chapter 2925., 3719., or 4729. of the Revised Code for which a 550
presumption in favor of a prison term is specified as being 551
applicable, it is presumed that a prison term is necessary in 552
order to comply with the purposes and principles of sentencing 553
under section 2929.11 of the Revised Code. Notwithstanding the 554
presumption established under this division, the sentencing court 555
may impose a community control sanction or a combination of 556
community control sanctions instead of a prison term on an 557
offender for a felony of the first or second degree or for a 558
felony drug offense that is a violation of any provision of 559
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 560
applicable if it makes both of the following findings: 562
(1) A community control sanction or a combination of 564
community control sanctions would adequately punish the offender 566
and protect the public from future crime, because the applicable 567
factors under section 2929.12 of the Revised Code indicating a 569
lesser likelihood of recidivism outweigh the applicable factors 571
under that section indicating a greater likelihood of recidivism. 573
(2) A community control sanction or a combination of 575
community control sanctions would not demean the seriousness of 577
the offense, because one or more factors under section 2929.12 of 578
the Revised Code that indicate that the offender's conduct was 579
less serious than conduct normally constituting the offense are 580
applicable, and they outweigh the applicable factors under that 581
section that indicate that the offender's conduct was more 582
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serious than conduct normally constituting the offense. 583
(E)(1) Except as provided in division (F) of this section, 586
for any drug offense that is a violation of any provision of 587
Chapter 2925. of the Revised Code and that is a felony of the 588
third, fourth, or fifth degree, the applicability of a 589
presumption under division (D) of this section in favor of a 590
prison term or of division (B) or (C) of this section in 591
determining whether to impose a prison term for the offense shall 593
be determined as specified in section 2925.02, 2925.03, 2925.04, 594
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 595
2925.36, or 2925.37 of the Revised Code, whichever is applicable 598
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 600
to a felony drug offense in violation of a provision of Chapter 601
2925., 3719., or 4729. of the Revised Code violates the 602
conditions of a community control sanction imposed for the 603
offense solely by possessing or using a controlled substance and 605
if the offender has not failed to meet the conditions of any drug 606
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 607
punishment for the violation of the sanction, shall order that 608
the offender participate in a drug treatment program or in 609
alcoholics anonymous, narcotics anonymous, or a similar program 610
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 611
forth in section 2929.11 of the Revised Code. If the court 612
determines that an order of that nature would not be consistent 613
with those purposes and principles or if the offender violated 614
the conditions of a drug treatment program in which the offender 615
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 616
sanction, including a prison term. 617
(F) Notwithstanding divisions (A) to (E) of this section, 620
the court shall impose a prison term or terms under sections 621
15
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 622
Revised Code and except as specifically provided in section 623
2929.20 of the Revised Code or when parole is authorized for the 624
offense under section 2967.13 of the Revised Code, shall not 625
reduce the terms pursuant to section 2929.20, section 2967.193, 626
or any other provision of Chapter 2967. or Chapter 5120. of the 628
Revised Code for any of the following offenses: 629
(1) Aggravated murder when death is not imposed or murder; 631
(2) Any rape, regardless of whether force was involved and 633
regardless of the age of the victim, or an attempt to commit rape 634
by force when the victim is under thirteen years of age; 637
(3) Gross sexual imposition or sexual battery, if the 639
victim is under thirteen years of age, if the offender previously 641
was convicted of or pleaded guilty to rape, the former offense of 642
felonious sexual penetration, gross sexual imposition, or sexual 643
battery, and if the victim of the previous offense was under 645
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 648
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 649
(5) A first, second, or third degree felony drug offense 652
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 653
4729.99 of the Revised Code, whichever is applicable regarding 655
the violation, requires the imposition of a mandatory prison 656
term;
(6) Any offense that is a first or second degree felony 658
and that is not set forth in division (F)(1), (2), (3), or (4) of 660
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 662
degree felony, or an offense under an existing or former law of 663
this state, another state, or the United States that is or was 664
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 666
16
of the Revised Code, that is a felony, if the offender had a 667
firearm on or about the offender's person or under the offender's 668
control while committing the felony, with respect to a portion of 669
the sentence imposed pursuant to division (D)(1)(a) of section 671
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 673
the Revised Code when the most serious offense in the pattern of 675
corrupt activity that is the basis of the offense is a felony of 676
the first degree;
(9) Any sexually violent offense for which the offender 678
also is convicted of or pleads guilty to a sexually violent 679
predator specification that was included in the indictment, count 680
in the indictment, or information charging the sexually violent 681
offense;
(10) A violation of division (A)(1) or (2) of section 683
2921.36 of the Revised Code, or a violation of division (C) of 684
that section involving an item listed in division (A)(1) or (2) 685
of that section, if the offender is an officer or employee of the 686
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 689
if an offender is being sentenced for a fourth degree felony OMVI 690
offense OR FOR A THIRD DEGREE FELONY OMVI OFFENSE, the court 691
shall impose upon the offender a mandatory term of local 692
incarceration or a mandatory prison term in accordance with the
following: 693
(1) Except as provided in division (G)(2) of this section 695
IF THE OFFENDER IS BEING SENTENCED FOR A FOURTH DEGREE FELONY 696
OMVI OFFENSE, the court shall MAY impose upon the offender a 698
mandatory term of local incarceration of sixty days as specified 700
in division (A)(4) of section 4511.99 of the Revised Code and OR 701
A MANDATORY TERM OF LOCAL INCARCERATION OF ONE HUNDRED TWENTY 702
DAYS AS SPECIFIED IN DIVISION (A)(8) OF THAT SECTION. THE COURT 703
shall not reduce the term pursuant to section 2929.20, 2967.193, 704
or any other provision of the Revised Code. The court that 705
17
imposes a mandatory term of local incarceration under this 706
division shall specify whether the term is to be served in a
jail, a community-based correctional facility, a halfway house, 708
or an alternative residential facility, and the offender shall 709
serve the term in the type of facility specified by the court. 710
The court shall not sentence the offender to a prison term and 711
shall not specify that the offender is to serve the mandatory 712
term of local incarceration in prison. A mandatory term of local 713
incarceration imposed under division (G)(1) of this section is 714
not subject to extension under section 2967.11 of the Revised 715
Code, to a period of post-release control under section 2967.28 716
of the Revised Code, or to any other Revised Code provision that 717
pertains to a prison term.
(2) If the offender previously has been sentenced to a 719
mandatory term of local incarceration pursuant to division (G)(1) 720
of this section for a fourth IS BEING SENTENCED FOR A THIRD 721
degree felony OMVI offense, OR IF THE OFFENDER IS BEING SENTENCED 723
FOR A FOURTH DEGREE FELONY OMVI OFFENSE AND THE COURT DOES NOT 724
IMPOSE A MANDATORY TERM OF LOCAL INCARCERATION UNDER DIVISION 725
(G)(1) OF THIS SECTION, the court shall impose upon the offender 726
a mandatory prison term of sixty days as specified in division
(A)(4) of section 4511.99 of the Revised Code and OR A MANDATORY 727
PRISON TERM OF ONE HUNDRED TWENTY DAYS AS SPECIFIED IN DIVISION 730
(A)(8) OF THAT SECTION. THE COURT shall not reduce the term
pursuant to section 2929.20, 2967.193, or any other provision of 732
the Revised Code. In no case shall an offender who once has been 733
sentenced to a mandatory term of local incarceration pursuant to 734
division (G)(1) of this section for a fourth degree felony OMVI 735
offense be sentenced to another mandatory term of local 736
incarceration under that division for a fourth degree felony OMVIoffense ANY VIOLATION OF DIVISION (A) OF SECTION 4511.19 OF THE 738
REVISED CODE. The court shall not sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of 739
the Revised Code. The department of rehabilitation and 740
18
correction may place an offender sentenced to a mandatory prison 741
term under this division in an intensive program prison 742
established pursuant to section 5120.033 of the Revised Code if 743
the department gave the sentencing judge prior notice of its
intent to place the offender in an intensive program prison 744
established under that section and if the judge did not notify 745
the department that the judge disapproved the placement. Upon 746
the establishment of the initial intensive program prison 747
pursuant to section 5120.033 of the Revised Code that is
privately operated and managed by a contractor pursuant to a 749
contract entered into under section 9.06 of the Revised Code, 750
both of the following apply:
(a) The department of rehabilitation and correction shall 752
make a reasonable effort to ensure that a sufficient number of 753
offenders sentenced to a mandatory prison term under this 754
division are placed in the privately operated and managed prison 755
so that the privately operated and managed prison has full 756
occupancy.
(b) Unless the privately operated and managed prison has 758
full occupancy, the department of rehabilitation and correction 759
shall not place any offender sentenced to a mandatory prison term 760
under this division in any intensive program prison established 761
pursuant to section 5120.033 of the Revised Code other than the 763
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 766
oriented offense committed on or after January 1, 1997, the judge 767
shall require the offender to submit to a DNA specimen collection 769
procedure pursuant to section 2901.07 of the Revised Code if 771
either of the following applies:
(1) The offense was a sexually violent offense, and the 773
offender also was convicted of or pleaded guilty to a sexually 774
violent predator specification that was included in the 775
indictment, count in the indictment, or information charging the 776
sexually violent offense.
19
(2) The judge imposing sentence for the sexually oriented 778
offense determines pursuant to division (B) of section 2950.09 of 779
the Revised Code that the offender is a sexual predator. 780
(I) If an offender is being sentenced for a sexually 783
oriented offense committed on or after January 1, 1997, the judge 784
shall include in the sentence a summary of the offender's duty to 786
register pursuant to section 2950.04 of the Revised Code, the 787
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 788
section 2950.05 of the Revised Code, the offender's duty to 789
periodically verify the offender's current residence address 790
pursuant to section 2950.06 of the Revised Code, and the duration 791
of the duties. The judge shall inform the offender, at the time 792
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 794
Code, shall perform the duties specified in that section. 795
Sec. 2929.14. (A) Except as provided in division (C), 805
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 806
relation to an offense for which a sentence of death or life 807
imprisonment is to be imposed, if the court imposing a sentence 808
upon an offender for a felony elects or is required to impose a 809
prison term on the offender pursuant to this chapter and is not 810
prohibited by division (G)(1) of section 2929.13 of the Revised 811
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 813
(1) For a felony of the first degree, the prison term 815
shall be three, four, five, six, seven, eight, nine, or ten 816
years. 817
(2) For a felony of the second degree, the prison term 819
shall be two, three, four, five, six, seven, or eight years. 820
(3) For a felony of the third degree, the prison term 822
shall be one, two, three, four, or five years. 823
(4) For a felony of the fourth degree, the prison term 825
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 826
20
fourteen, fifteen, sixteen, seventeen, or eighteen months. 827
(5) For a felony of the fifth degree, the prison term 829
shall be six, seven, eight, nine, ten, eleven, or twelve months. 831
(B) Except as provided in division (C), (D)(2), (D)(3), or 834
(G) of this section, in section 2907.02 of the Revised Code, or 835
in Chapter 2925. of the Revised Code, if the court imposing a 837
sentence upon an offender for a felony elects or is required to 838
impose a prison term on the offender and if the offender 839
previously has not served a prison term, the court shall impose 840
the shortest prison term authorized for the offense pursuant to 841
division (A) of this section, unless the court finds on the 842
record that the shortest prison term will demean the seriousness 843
of the offender's conduct or will not adequately protect the 844
public from future crime by the offender or others. 845
(C) Except as provided in division (G) of this section or 847
in Chapter 2925. of the Revised Code, the court imposing a 848
sentence upon an offender for a felony may impose the longest 849
prison term authorized for the offense pursuant to division (A) 850
of this section only upon offenders who committed the worst forms 851
of the offense, upon offenders who pose the greatest likelihood 852
of committing future crimes, upon certain major drug offenders 853
under division (D)(3) of this section, and upon certain repeat 854
violent offenders in accordance with division (D)(2) of this 856
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 858
this section, if an offender who is convicted of or pleads guilty 859
to a felony also is convicted of or pleads guilty to a 860
specification of the type described in section 2941.144 of the 861
Revised Code that charges the offender with having a firearm that 863
is an automatic firearm or that was equipped with a firearm 864
muffler or silencer on or about the offender's person or under 866
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 867
Revised Code that charges the offender with having a firearm on 868
21
or about the offender's person or under the offender's control 869
while committing the offense and displaying the firearm, 871
brandishing the firearm, indicating that the offender possessed 872
the firearm, or using it to facilitate the offense, or a 874
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 876
or about the offender's person or under the offender's control 877
while committing the felony, the court, after imposing a prison 878
term on the offender for the felony under division (A), (D)(2), 880
or (D)(3) of this section, shall impose an additional prison 881
term, determined pursuant to this division, that shall not be 882
reduced pursuant to section 2929.20, section 2967.193, or any 883
other provision of Chapter 2967. or Chapter 5120. of the Revised 884
Code. If the specification is of the type described in section 886
2941.144 of the Revised Code, the additional prison term shall be 887
six years. If the specification is of the type described in 889
section 2941.145 of the Revised Code, the additional prison term 891
shall be three years. If the specification is of the type 892
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 894
than one additional prison term on an offender under this 895
division for felonies committed as part of the same act or 896
transaction. If a court imposes an additional prison term under 897
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 898
division.
(ii) Except as provided in division (D)(1)(b) of this 901
section, if an offender who is convicted of or pleads guilty to a 902
violation of section 2923.161 of the Revised Code or to a felony 904
that includes, as an essential element, purposely or knowingly 905
causing or attempting to cause the death of or physical harm to 906
another, also is convicted of or pleads guilty to a specification 907
of the type described in section 2941.146 of the Revised Code 910
that charges the offender with committing the offense by 911
22
discharging a firearm from a motor vehicle, as defined in section 912
4501.01 of the Revised Code, other than a manufactured home, as 915
defined in section 4501.01 of the Revised Code, the court, after 917
imposing a prison term on the offender for the violation of 918
section 2923.161 of the Revised Code or for the other felony 920
offense under division (A), (D)(2), or (D)(3) of this section, 921
shall impose an additional prison term of five years upon the 922
offender that shall not be reduced pursuant to section 2929.20, 923
section 2967.193, or any other provision of Chapter 2967. or 924
Chapter 5120. of the Revised Code. A court shall not impose more 926
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 928
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 929
also shall impose an additional prison term under division 930
(D)(1)(a)(i) of this section relative to the same offense, 931
provided the criteria specified in that division for imposing an 932
additional prison term are satisfied relative to the offender and 933
the offense.
(b) The court shall not impose any of the additional 935
prison terms described in division (D)(1)(a) of this section upon 938
an offender for a violation of section 2923.12 or 2923.123 of the 939
Revised Code. The court shall not impose any of the additional 940
prison terms described in that division upon an offender for a 941
violation of section 2923.13 of the Revised Code unless all of 942
the following apply:
(i) The offender previously has been convicted of 945
aggravated murder, murder, or any felony of the first or second 946
degree.
(ii) Less than five years have passed since the offender 949
was released from prison or post-release control, whichever is 950
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 953
to a felony also is convicted of or pleads guilty to a 954
23
specification of the type described in section 2941.149 of the 955
Revised Code that the offender is a repeat violent offender, the 958
court shall impose a prison term from the range of terms 959
authorized for the offense under division (A) of this section 960
that may be the longest term in the range and that shall not be 961
reduced pursuant to section 2929.20, section 2967.193, or any 963
other provision of Chapter 2967. or Chapter 5120. of the Revised 964
Code. If the court finds that the repeat violent offender, in 966
committing the offense, caused any physical harm that carried a 967
substantial risk of death to a person or that involved 968
substantial permanent incapacity or substantial permanent 969
disfigurement of a person, the court shall impose the longest 970
prison term from the range of terms authorized for the offense 972
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 975
violent offender imposes the longest prison term from the range 976
of terms authorized for the offense under division (A) of this 977
section, the court may impose on the offender an additional 978
definite prison term of one, two, three, four, five, six, seven, 979
eight, nine, or ten years if the court finds that both of the 980
following apply with respect to the prison terms imposed on the 981
offender pursuant to division (D)(2)(a) of this section and, if 982
applicable, divisions (D)(1) and (3) of this section: 983
(i) The terms so imposed are inadequate to punish the 986
offender and protect the public from future crime, because the 987
applicable factors under section 2929.12 of the Revised Code 990
indicating a greater likelihood of recidivism outweigh the 992
applicable factors under that section indicating a lesser
likelihood of recidivism. 993
(ii) The terms so imposed are demeaning to the seriousness 996
of the offense, because one or more of the factors under section 997
2929.12 of the Revised Code indicating that the offender's 998
conduct is more serious than conduct normally constituting the 999
offense are present, and they outweigh the applicable factors 1,000
24
under that section indicating that the offender's conduct is less 1,002
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 1,005
section 2903.01 or 2907.02 of the Revised Code and the penalty 1,006
imposed for the violation is life imprisonment or commits a 1,007
violation of section 2903.02 of the Revised Code, if the offender 1,008
commits a violation of section 2925.03, 2925.04, or 2925.11 of 1,009
the Revised Code and that section requires the imposition of a 1,011
ten-year prison term on the offender or if a court imposing a 1,012
sentence upon an offender for a felony finds that the offender is 1,013
guilty of a specification of the type described in section 1,014
2941.1410 of the Revised Code, that the offender is a major drug 1,015
offender, is guilty of corrupt activity with the most serious 1,016
offense in the pattern of corrupt activity being a felony of the 1,017
first degree, or is guilty of an attempted forcible violation of 1,018
section 2907.02 of the Revised Code with the victim being under 1,019
thirteen years of age and that attempted violation is the felony 1,020
for which sentence is being imposed, the court shall impose upon 1,021
the offender for the felony violation a ten-year prison term that 1,022
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 1,024
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 1,027
division (D)(3)(a) of this section may impose an additional 1,028
prison term of one, two, three, four, five, six, seven, eight, 1,029
nine, or ten years, if the court, with respect to the term 1,030
imposed under division (D)(3)(a) of this section and, if 1,031
applicable, divisions (D)(1) and (2) of this section, makes both 1,033
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 1,034
this section.
(4) If the offender is being sentenced for a THIRD OR 1,036
fourth degree felony OMVI offense and if UNDER division (G)(2) of 1,039
section 2929.13 of the Revised Code requires the sentencing court 1,041
to impose upon the offender a mandatory prison term, the 1,042
sentencing court shall impose upon the offender a mandatory 1,043
25
prison term in accordance with that division. In addition to the 1,044
mandatory prison term, the sentencing court may sentence the 1,045
offender to an additional prison term of any duration specified 1,046
in division (A)(4)(3) of this section minus the sixty OR ONE 1,047
HUNDRED TWENTY days imposed upon the offender as the mandatory 1,048
prison term. The total of the additional prison term imposed 1,049
under division (D)(4) of this section plus the sixty OR ONE 1,050
HUNDRED TWENTY days imposed as the mandatory prison term shall 1,051
equal one of the authorized prison terms specified in division 1,052
(A)(4)(3) of this section. If the court imposes an additional 1,054
prison term under division (D)(4) of this section, the offender 1,055
shall serve the additional prison term after the offender has 1,056
served the mandatory prison term required for the offense. The
court shall not sentence the offender to a community control 1,057
sanction under section 2929.16 or 2929.17 of the Revised Code. 1,058
(E)(1) If a mandatory prison term is imposed upon an 1,061
offender pursuant to division (D)(1)(a) of this section for 1,062
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 1,064
prison term is imposed upon an offender pursuant to division 1,065
(D)(1)(b) of this section for committing a felony specified in 1,066
that division by discharging a firearm from a motor vehicle, the 1,067
offender shall serve the mandatory prison term consecutively to 1,068
and prior to the prison term imposed for the underlying felony 1,069
pursuant to division (A), (D)(2), or (D)(3) of this section or 1,070
any other section of the Revised Code and consecutively to any 1,071
other prison term or mandatory prison term previously or 1,073
subsequently imposed upon the offender. 1,074
(2) If an offender who is an inmate in a jail, prison, or 1,077
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1,079
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 1,080
offender who is an inmate in a jail, prison, or other residential 1,081
26
detention facility or is under detention at a detention facility 1,082
commits another felony while the offender is an escapee in 1,084
violation of section 2921.34 of the Revised Code, any prison term 1,086
imposed upon the offender for one of those violations shall be 1,087
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 1,089
committed that offense and to any other prison term previously or 1,090
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 1,091
meanings as in section 2921.01 of the Revised Code. 1,092
(3) If a prison term is imposed for a violation of 1,094
division (B) of section 2911.01 of the Revised Code or if a 1,096
prison term is imposed for a felony violation of division (B) of 1,097
section 2921.331 of the Revised Code, the offender shall serve
that prison term consecutively to any other prison term or 1,099
mandatory prison term previously or subsequently imposed upon the 1,100
offender.
(4) If multiple prison terms are imposed on an offender 1,102
for convictions of multiple offenses, the court may require the 1,103
offender to serve the prison terms consecutively if the court 1,104
finds that the consecutive service is necessary to protect the 1,105
public from future crime or to punish the offender and that 1,106
consecutive sentences are not disproportionate to the seriousness 1,107
of the offender's conduct and to the danger the offender poses to 1,109
the public, and if the court also finds any of the following: 1,110
(a) The offender committed the multiple offenses while the 1,113
offender was awaiting trial or sentencing, was under a sanction 1,114
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 1,115
Revised Code, or was under post-release control for a prior 1,116
offense.
(b) The harm caused by the multiple offenses was so great 1,119
or unusual that no single prison term for any of the offenses 1,120
committed as part of a single course of conduct adequately 1,121
reflects the seriousness of the offender's conduct.
27
(c) The offender's history of criminal conduct 1,123
demonstrates that consecutive sentences are necessary to protect 1,124
the public from future crime by the offender. 1,125
(5) When consecutive prison terms are imposed pursuant to 1,128
division (E)(1), (2), (3), or (4) of this section, the term to be 1,129
served is the aggregate of all of the terms so imposed. 1,130
(F) If a court imposes a prison term of a type described 1,133
in division (B) of section 2967.28 of the Revised Code, it shall 1,134
include in the sentence a requirement that the offender be 1,135
subject to a period of post-release control after the offender's 1,136
release from imprisonment, in accordance with that division. If 1,137
a court imposes a prison term of a type described in division (C) 1,138
of that section, it shall include in the sentence a requirement 1,139
that the offender be subject to a period of post-release control 1,140
after the offender's release from imprisonment, in accordance 1,141
with that division, if the parole board determines that a period 1,142
of post-release control is necessary. 1,143
(G) If a person is convicted of or pleads guilty to a 1,145
sexually violent offense and also is convicted of or pleads 1,146
guilty to a sexually violent predator specification that was 1,147
included in the indictment, count in the indictment, or 1,148
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 1,149
the Revised Code, and Chapter 2971. of the Revised Code applies 1,150
regarding the prison term or term of life imprisonment without 1,151
parole imposed upon the offender and the service of that term of 1,152
imprisonment.
(H) If a person who has been convicted of or pleaded 1,154
guilty to a felony is sentenced to a prison term or term of 1,155
imprisonment under this section, sections 2929.02 to 2929.06 of 1,156
the Revised Code, section 2971.03 of the Revised Code, or any 1,157
other provision of law, section 5120.163 of the Revised Code 1,158
applies regarding the person while the person is confined in a
state correctional institution. 1,159
28
(I) If an offender who is convicted of or pleads guilty to 1,161
a felony that is an offense of violence also is convicted of or 1,163
pleads guilty to a specification of the type described in section 1,164
2941.142 of the Revised Code that charges the offender with 1,165
having committed the felony while participating in a criminal 1,166
gang, the court shall impose upon the offender an additional 1,167
prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to 1,169
aggravated murder, murder, or a felony of the first, second, or 1,171
third degree that is an offense of violence also is convicted of 1,172
or pleads guilty to a specification of the type described in 1,173
section 2941.143 of the Revised Code that charges the offender 1,175
with having committed the offense in a school safety zone or 1,177
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The 1,178
offender shall serve the additional two years consecutively to 1,179
and prior to the prison term imposed for the underlying offense. 1,180
Sec. 2929.15. (A)(1) If in sentencing an offender for a 1,190
felony the court is not required to impose a prison term, a 1,191
mandatory prison term, or a term of life imprisonment upon the 1,192
offender, the court may directly impose a sentence community 1,193
control that consists of one or more community control sanctions 1,194
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 1,195
the Revised Code. If the court is sentencing an offender for a 1,196
fourth degree felony OMVI offense and if it is required to impose 1,197
on the offender a mandatory term of local incarceration pursuant 1,198
to UNDER division (G)(1) of section 2929.13 of the Revised Code, 1,200
in addition to the mandatory term of local incarceration IMPOSED 1,201
UNDER THAT DIVISION and the mandatory fine required by division 1,203
(B)(3) of section 2929.18 of the Revised Code, the court may 1,204
impose upon the offender a community control sanction or 1,205
combination of community control sanctions in accordance with 1,206
sections 2929.16 and 2929.17 of the Revised Code. The duration 1,207
of all community control sanctions so imposed imposed upon an 1,208
29
offender UNDER THIS DIVISION shall not exceed five years. If the 1,210
court sentences the offender to one or more nonresidential
sanctions under section 2929.17 of the Revised Code, the court 1,211
shall comply with division (C)(1)(b) of section 2951.02 of the 1,212
Revised Code and impose the mandatory condition described in that 1,213
division. The court may impose any other conditions of release 1,214
under a community control sanction that the court considers 1,215
appropriate. If the court is sentencing an offender for a THIRD 1,216
OR fourth degree felony OMVI offense and if it is required to 1,218
impose on the offender a mandatory prison term pursuant to UNDER 1,219
division (G)(2) of section 2929.13 of the Revised Code, the court 1,221
shall not impose upon the offender any community control sanction
or combination of community control sanctions under section 1,222
2929.16 or 2929.17 of the Revised Code. 1,223
(2)(a) If a court sentences an offender to any community 1,225
control sanction or combination of community control sanctions 1,226
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 1,227
the Revised Code, the court shall place the offender under the 1,228
general control and supervision of a department of probation in 1,229
the county that serves the court for purposes of reporting to the 1,230
court a violation of any of the sanctions or the mandatory 1,231
condition imposed under division (C)(1)(b) of section 2951.02 of 1,232
the Revised Code. Alternatively, if the offender resides in 1,233
another county and a county department of probation has been 1,234
established in that county or that county is served by a 1,235
multicounty probation department established under section 1,236
2301.27 of the Revised Code, the court may request the court of 1,238
common pleas of that county to receive the offender into the
general control and supervision of that county or multicounty 1,240
department of probation for purposes of reporting to the court a 1,241
violation of any of the sanctions, or the mandatory condition 1,242
imposed under division (C)(1)(b) of section 2951.02 of the 1,243
Revised Code, subject to the jurisdiction of the trial judge over 1,244
and with respect to the person of the offender, and to the rules 1,245
30
governing that department of probation. 1,246
If there is no department of probation in the county that 1,249
serves the court, the court shall place the offender, regardless 1,250
of the offender's county of residence, under the general control 1,251
and supervision of the adult parole authority for purposes of 1,252
reporting to the court a violation of any of the sanctions or the
mandatory condition imposed under division (C)(1)(b) of section 1,253
2951.02 of the Revised Code. 1,254
(b) If the court imposing sentence upon an offender 1,256
sentences the offender to any community control sanction or 1,257
combination of community control sanctions authorized pursuant to 1,259
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 1,260
the offender violates any of the sanctions or the mandatory 1,261
condition imposed under division (C)(1)(b) of section 2951.02 of 1,262
the Revised Code, the public or private person or entity that 1,264
operates or administers the sanction or the program or activity 1,265
that comprises the sanction shall report the violation directly 1,266
to the sentencing court, or shall report the violation to the 1,267
county or multicounty department of probation with general 1,268
control and supervision over the offender under division 1,269
(A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with 1,270
general control and supervision over the offender under that 1,271
division, to the adult parole authority. If the public or 1,272
private person or entity that operates or administers the 1,273
sanction or the program or activity that comprises the sanction 1,274
reports the violation to the county or multicounty department of 1,275
probation or the adult parole authority, the department's or 1,276
authority's officers may treat the offender as if the offender 1,277
were on probation and in violation of the probation, and shall 1,278
report the violation of the sanction or the mandatory condition 1,279
imposed under division (C)(1)(b) of section 2951.02 of the 1,280
Revised Code to the sentencing court.
(B) If the conditions of a community control sanction or 1,283
31
the mandatory condition imposed under division (C)(1)(b) of
section 2951.02 of the Revised Code is violated, the sentencing 1,284
court may impose a longer time under the same sanction if the 1,285
total time under the sanctions does not exceed the five-year 1,286
limit specified in division (A) of this section, may impose a 1,287
more restrictive sanction under section 2929.16, 2929.17, or 1,288
2929.18 of the Revised Code, or may impose a prison term on the 1,289
offender pursuant to section 2929.14 of the Revised Code. The 1,290
court shall not eliminate the mandatory condition imposed under 1,291
division (C)(1)(b) of section 2951.02 of the Revised Code. The 1,292
prison term, if any, imposed upon a violator pursuant to this 1,293
division shall be within the range of prison terms available for 1,294
the offense for which the sanction that was violated was imposed 1,295
and shall not exceed the prison term specified in the notice 1,296
provided to the offender at the sentencing hearing pursuant to 1,297
division (B)(3) of section 2929.19 of the Revised Code. The 1,299
court may reduce the longer period of time that the offender is 1,300
required to spend under the longer sanction, the more restrictive 1,301
sanction, or a prison term imposed pursuant to this division by 1,302
the time the offender successfully spent under the sanction that 1,303
was initially imposed.
(C) If an offender, for a significant period of time, 1,306
fulfills the conditions of a sanction imposed pursuant to section 1,307
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 1,308
manner, the court may reduce the period of time under the 1,309
sanction or impose a less restrictive sanction, but the court 1,310
shall not eliminate the mandatory condition imposed under 1,311
division (C)(1)(b) of section 2951.02 of the Revised Code.
Sec. 2929.16. (A) The court imposing a sentence for a 1,321
felony upon an offender who is not required to serve a mandatory 1,322
prison term may impose any community residential sanction or 1,323
combination of community residential sanctions under this 1,324
section. The court imposing a sentence for a fourth degree
felony OMVI offense upon an offender who is required to serve a 1,326
32
mandatory term of local incarceration pursuant to UNDER division 1,327
(G)(1) of section 2929.13 of the Revised Code may impose upon the 1,328
offender, in addition to the mandatory term of local 1,330
incarceration IMPOSED UNDER THAT DIVISION, a community 1,331
residential sanction or combination of community residential 1,333
sanctions under this section, and the offender shall serve or 1,334
satisfy the sanction or combination of sanctions after the
offender has served the mandatory term of local incarceration 1,335
required for the offense. Community residential sanctions 1,336
include, but are not limited to, the following: 1,337
(1) A term of up to six months at a community-based 1,339
correctional facility that serves the county; 1,340
(2) Except as otherwise provided in division (A)(3) of 1,342
this section and subject to division (D) of this section, a term 1,344
of up to six months in a jail;
(3) If the offender is convicted of a fourth degree felony 1,346
OMVI offense and is sentenced pursuant to UNDER division (G)(1) 1,347
of section 2929.13 of the Revised Code, subject to division (D) 1,349
of this section, a term of up to one year in a jail less the 1,350
mandatory term of local incarceration of sixty OR ONE HUNDRED 1,352
TWENTY consecutive days of imprisonment imposed pursuant to that 1,354
division;
(4) A term in a halfway house; 1,356
(5) A term in an alternative residential facility. 1,358
(B) The court that assigns any offender convicted of a 1,361
felony to a residential sanction under this section may authorize 1,362
the offender to be released so that the offender may seek or 1,363
maintain employment, receive education or training, or receive 1,364
treatment. A release pursuant to this division shall be only for 1,365
the duration of time that is needed to fulfill the purpose of the 1,366
release and for travel that reasonably is necessary to fulfill 1,367
the purposes of the release.
(C) If the court assigns an offender to a county jail that 1,370
is not a minimum security misdemeanant jail in a county that has 1,371
33
established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of 1,372
the sentence, whether the sheriff of that county may consider the 1,373
offender for participation in the county jail industry program. 1,375
During the offender's term in the county jail, the court shall 1,376
retain jurisdiction to modify its specification upon a 1,377
reassessment of the offender's qualifications for participation
in the program. 1,378
(D) If a court sentences an offender to a term in jail 1,381
under division (A)(2) or (3) of this section and if the sentence 1,383
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 1,384
that the offender serve the term in a minimum security jail 1,385
established under section 341.34 or 753.21 of the Revised Code. 1,386
If the court includes a specification of that type in the 1,388
sentence and if the administrator of the appropriate minimum 1,389
security jail or the designee of that administrator classifies 1,390
the offender in accordance with section 341.34 or 753.21 of the
Revised Code as a minimal security risk, the offender shall serve 1,392
the term in the minimum security jail established under section 1,393
341.34 or 753.21 of the Revised Code. Absent a specification of 1,395
that type and a finding of that type, the offender shall serve 1,396
the term in a jail other than a minimum security jail established
under section 341.34 or 753.21 of the Revised Code. 1,397
(E) If a person who has been convicted of or pleaded 1,399
guilty to a felony is sentenced to a community residential 1,400
sanction as described in division (A) of this section, at the 1,401
time of reception and at other times the person in charge of the 1,402
operation of the community-based correctional facility, jail, 1,403
halfway house, alternative residential facility, or other place 1,404
at which the offender will serve the residential sanction
determines to be appropriate, the person in charge of the 1,405
operation of the community-based correctional facility, jail, 1,406
halfway house, alternative residential facility, or other place 1,407
34
may cause the convicted offender to be examined and tested for 1,408
tuberculosis, HIV infection, hepatitis, including but not limited 1,409
to hepatitis A, B, and C, and other contagious diseases. The 1,411
person in charge of the operation of the community-based 1,412
correctional facility, jail, halfway house, alternative
residential facility, or other place at which the offender will 1,413
serve the residential sanction may cause a convicted offender in 1,414
the community-based correctional facility, jail, halfway house, 1,415
alternative residential facility, or other place who refuses to 1,416
be tested or treated for tuberculosis, HIV infection, hepatitis, 1,417
including but not limited to hepatitis A, B, and C, or another 1,418
contagious disease to be tested and treated involuntarily. 1,420
Sec. 2929.17. The court imposing a sentence for a felony 1,430
upon an offender who is not required to serve a mandatory prison 1,431
term may impose any nonresidential sanction or combination of 1,432
nonresidential sanctions authorized under this section. If the 1,433
court imposes one or more nonresidential sanctions authorized
under this section, the court shall comply with division 1,434
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 1,435
mandatory condition described in that division. The court 1,436
imposing a sentence for a fourth degree felony OMVI offense upon 1,437
an offender who is required to serve a mandatory term of local 1,438
incarceration under division (G)(1) of section 2929.13 of the 1,439
Revised Code may impose upon the offender, in addition to the 1,440
mandatory term of local incarceration IMPOSED UNDER THAT 1,441
DIVISION, a nonresidential sanction or combination of 1,442
nonresidential sanctions under this section, and the offender 1,443
shall serve or satisfy the sanction or combination of sanctions
after the offender has served the mandatory term of local 1,444
incarceration required for the offense. Nonresidential sanctions 1,445
include, but are not limited to, the following: 1,446
(A) A term of day reporting; 1,448
(B) A term of electronically monitored house arrest, a 1,450
term of electronic monitoring without house arrest, or a term of 1,451
35
house arrest without electronic monitoring; 1,452
(C) A term of community service of up to five hundred 1,454
hours pursuant to division (F) of section 2951.02 of the Revised 1,456
Code or, if the court determines that the offender is financially 1,457
incapable of fulfilling a financial sanction described in section 1,458
2929.18 of the Revised Code, a term of community service as an 1,459
alternative to a financial sanction; 1,460
(D) A term in a drug treatment program with a level of 1,462
security for the offender as determined necessary by the court; 1,463
(E) A term of intensive supervision; 1,465
(F) A term of basic supervision; 1,467
(G) A term of monitored time; 1,469
(H) A term of drug and alcohol use monitoring; 1,471
(I) A curfew term; 1,473
(J) A requirement that the offender obtain employment; 1,475
(K) A requirement that the offender obtain education or 1,478
training;
(L) Provided the court obtains the prior approval of the 1,480
victim, a requirement that the offender participate in 1,481
victim-offender mediation; 1,482
(M) A license violation report. 1,484
Sec. 2929.18. (A) Except as otherwise provided in this 1,493
division and in addition to imposing court costs pursuant to 1,494
section 2947.23 of the Revised Code, the court imposing a 1,495
sentence upon an offender for a felony may sentence the offender 1,496
to any financial sanction or combination of financial sanctions 1,498
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 1,499
offender a fine in accordance with that section. If the offender 1,500
is sentenced to a sanction of confinement pursuant to section 1,501
2929.14 or 2929.16 of the Revised Code that is to be served in a 1,502
facility operated by a board of county commissioners, a 1,503
legislative authority of a municipal corporation, or another 1,504
governmental entity, the court imposing sentence upon an offender 1,505
36
for a felony shall comply with division (A)(4)(b) of this section 1,506
in determining whether to sentence the offender to a financial 1,507
sanction described in division (A)(4)(a) of this section. 1,508
Financial sanctions that may be imposed pursuant to this section 1,509
include, but are not limited to, the following: 1,510
(1) Restitution by the offender to the victim of the 1,512
offender's crime or any survivor of the victim, in an amount 1,513
based on the victim's economic loss. The court shall order that 1,514
the restitution be made to the adult probation department that 1,515
serves the county on behalf of the victim, to the clerk of 1,516
courts, or to another agency designated by the court, except that 1,517
it may include a requirement that reimbursement be made to third 1,518
parties for amounts paid to or on behalf of the victim or any 1,519
survivor of the victim for economic loss resulting from the 1,520
offense. If reimbursement to third parties is required, the 1,521
reimbursement shall be made to any governmental agency to repay 1,522
any amounts paid by the agency to or on behalf of the victim or 1,523
any survivor of the victim for economic loss resulting from the 1,524
offense before any reimbursement is made to any person other than 1,525
a governmental agency. If no governmental agency incurred 1,526
expenses for economic loss of the victim or any survivor of the 1,527
victim resulting from the offense, the reimbursement shall be 1,528
made to any person other than a governmental agency to repay 1,529
amounts paid by that person to or on behalf of the victim or any 1,530
survivor of the victim for economic loss of the victim resulting 1,532
from the offense. The court shall not require an offender to 1,533
repay an insurance company for any amounts the company paid on 1,534
behalf of the offender pursuant to a policy of insurance. At 1,535
sentencing, the court shall determine the amount of restitution 1,537
to be made by the offender. All restitution payments shall be 1,538
credited against any recovery of economic loss in a civil action 1,539
brought by the victim or any survivor of the victim against the 1,540
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 1,542
37
this section, a fine payable by the offender to the state, to a 1,543
political subdivision, or as described in division (B)(2) of this 1,545
section to one or more law enforcement agencies, with the amount 1,546
of the fine based on a standard percentage of the offender's 1,547
daily income over a period of time determined by the court and 1,548
based upon the seriousness of the offense. A fine ordered under 1,549
this division shall not exceed the statutory fine amount 1,550
authorized for the level of the offense under division (A)(3) of 1,551
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 1,553
this section, a fine payable by the offender to the state, to a 1,554
political subdivision when appropriate for a felony, or as 1,555
described in division (B)(2) of this section to one or more law 1,557
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 1,560
thousand dollars;
(b) For a felony of the second degree, not more than 1,563
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 1,566
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,569
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,572
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,575
reimbursement by the offender of any or all of the costs of 1,577
sanctions incurred by the government, including the following: 1,578
(i) All or part of the costs of implementing any community 1,581
control sanction;
(ii) All or part of the costs of confinement under a 1,584
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,585
Revised Code, provided that the amount of reimbursement ordered 1,586
under this division shall not exceed ten thousand dollars or the 1,587
total amount of reimbursement the offender is able to pay as 1,588
38
determined at a hearing, whichever amount is greater; 1,589
(b) If the offender is sentenced to a sanction of 1,591
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,592
Code that is to be served in a facility operated by a board of 1,594
county commissioners, a legislative authority of a municipal 1,595
corporation, or another local governmental entity, one of the
following applies: 1,596
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,598
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 1,599
Revised Code, the board, legislative authority, or other local 1,600
governmental entity requires prisoners convicted of an offense 1,601
other than a minor misdemeanor to reimburse the county, municipal 1,602
corporation, or other entity for its expenses incurred by reason 1,603
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 1,604
the offender to reimburse the county, municipal corporation, or 1,605
other local governmental entity for the cost of the confinement. 1,606
In addition, the court may impose any other financial sanction 1,607
under this section.
(ii) If, pursuant to any section identified in division 1,609
(A)(4)(b)(i) of this section, the board, legislative authority, 1,611
or other local governmental entity has adopted a resolution or 1,613
ordinance specifying that prisoners convicted of felonies are not 1,614
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,616
the prisoner's confinement, the court shall not impose a 1,617
financial sanction under division (A)(4)(a) of this section that 1,618
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 1,619
the confinement, but the court may impose any other financial 1,621
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,623
of this section applies, the court may impose, but is not 1,624
required to impose, any financial sanction under this section. 1,625
39
(c) Reimbursement by the offender for costs pursuant to 1,628
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 1,631
violation of any provision of Chapter 2925., 3719., or 4729. of 1,632
the Revised Code, the sentencing court shall impose upon the 1,633
offender a mandatory fine of at least one-half of, but not more 1,634
than, the maximum statutory fine amount authorized for the level 1,635
of the offense pursuant to division (A)(3) of this section. If 1,636
an offender alleges in an affidavit filed with the court prior to 1,638
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,639
indigent person and is unable to pay the mandatory fine described 1,640
in this division, the court shall not impose the mandatory fine 1,641
upon the offender.
(2) Any mandatory fine imposed upon an offender under 1,643
division (B)(1) of this section and any fine imposed upon an 1,645
offender under division (A)(2) or (3) of this section for any 1,646
fourth or fifth degree felony violation of any provision of 1,647
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,648
to law enforcement agencies pursuant to division (F) of section 1,649
2925.03 of the Revised Code. 1,650
(3) For a fourth degree felony OMVI offense AND FOR A 1,654
THIRD DEGREE FELONY OMVI OFFENSE, the sentencing court shall 1,655
impose upon the offender a mandatory fine in the amount specified 1,656
in division (A)(4) OR (8) of section 4511.99 of the Revised Code. 1,659
The mandatory fine so imposed shall be disbursed as provided in 1,660
division (A)(4) OR (8) of section 4511.99 of the Revised Code. 1,662
(4) Notwithstanding any fine otherwise authorized or 1,665
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,666
this section or section 2929.31 of the Revised Code for a 1,667
violation of section 2925.03 or 2925.07 of the Revised Code, in 1,668
addition to any penalty or sanction imposed for that offense 1,669
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 1,670
of the Revised Code and in addition to the forfeiture of property 1,672
40
in connection with the offense as prescribed in sections 2925.42 1,673
to 2925.45 of the Revised Code, the court that sentences an 1,675
offender for a violation of section 2925.03 or 2925.07 of the 1,676
Revised Code may impose upon the offender a fine in addition to 1,677
any fine imposed under division (A)(2) or (3) of this section and 1,679
in addition to any mandatory fine imposed under division (B)(1) 1,680
of this section. The fine imposed under division (B)(4) of this 1,681
section shall be used as provided in division (H) of section 1,682
2925.03 of the Revised Code. A fine imposed under division 1,683
(B)(4) of this section shall not exceed whichever of the 1,684
following is applicable:
(a) The total value of any personal or real property in 1,687
which the offender has an interest and that was used in the 1,688
course of, intended for use in the course of, derived from, or 1,689
realized through conduct in violation of section 2925.03 or 1,690
2925.07 of the Revised Code, including any property that 1,691
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 1,694
type described in division (B)(4)(a) of this section or if it is 1,695
not possible to ascertain whether the offender has an interest in 1,697
any property of that type in which the offender may have an 1,698
interest, the amount of the mandatory fine for the offense 1,699
imposed under division (B)(1) of this section or, if no mandatory 1,700
fine is imposed under division (B)(1) of this section, the amount 1,701
of the fine authorized for the level of the offense imposed under 1,703
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,706
section, the court shall determine whether the offender has an 1,707
interest in any property of the type described in division 1,708
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,710
or (7) of this section, a fine that is authorized and imposed 1,711
under division (B)(4) of this section does not limit or affect 1,713
the imposition of the penalties and sanctions for a violation of 1,714
section 2925.03 or 2925.07 of the Revised Code prescribed under
41
those sections or sections 2929.11 to 2929.18 of the Revised Code 1,717
and does not limit or affect a forfeiture of property in 1,718
connection with the offense as prescribed in sections 2925.42 to 1,719
2925.45 of the Revised Code. 1,720
(6) If the sum total of a mandatory fine amount imposed 1,722
for a first, second, or third degree felony violation of section 1,723
2925.03 or a third degree felony violation of section 2925.07 of 1,725
the Revised Code under division (B)(1) of this section plus the 1,726
amount of any fine imposed under division (B)(4) of this section 1,728
does not exceed the maximum statutory fine amount authorized for 1,729
the level of the offense under division (A)(3) of this section or 1,730
section 2929.31 of the Revised Code, the court may impose a fine 1,732
for the offense in addition to the mandatory fine and the fine 1,733
imposed under division (B)(4) of this section. The sum total of 1,734
the amounts of the mandatory fine, the fine imposed under 1,735
division (B)(4) of this section, and the additional fine imposed 1,736
under division (B)(6) of this section shall not exceed the 1,738
maximum statutory fine amount authorized for the level of the 1,739
offense under division (A)(3) of this section or section 2929.31 1,740
of the Revised Code. The clerk of the court shall pay any fine 1,741
that is imposed under division (B)(6) of this section to the 1,742
county, township, municipal corporation, park district as created 1,744
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,745
state law enforcement agencies in this state that primarily were 1,746
responsible for or involved in making the arrest of, and in 1,747
prosecuting, the offender pursuant to division (F) of section 1,748
2925.03 of the Revised Code. 1,749
(7) If the sum total of the amount of a mandatory fine 1,751
imposed for a first, second, or third degree felony violation of 1,752
section 2925.03 or a third degree felony violation of section 1,753
2925.07 of the Revised Code plus the amount of any fine imposed 1,755
under division (B)(4) of this section exceeds the maximum 1,756
statutory fine amount authorized for the level of the offense 1,757
under division (A)(3) of this section or section 2929.31 of the 1,758
42
Revised Code, the court shall not impose a fine under division 1,759
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,762
the offender pursuant to division (A)(4)(a) of this section to 1,764
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,766
confine offenders pursuant to sanctions imposed under section 1,767
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,768
The treasurer of state shall deposit the reimbursements in the 1,769
confinement cost reimbursement fund that is hereby created in the 1,770
state treasury. The department of rehabilitation and correction 1,771
shall use the amounts deposited in the fund to fund the operation 1,772
of facilities used to confine offenders pursuant to sections 1,773
2929.14 and 2929.16 of the Revised Code. 1,774
(2) Except as provided in section 2951.021 of the Revised 1,776
Code, the offender shall pay reimbursements imposed upon the 1,777
offender pursuant to division (A)(4)(a) of this section to pay 1,779
the costs incurred by a county pursuant to any sanction imposed 1,780
under this section or section 2929.16 or 2929.17 of the Revised 1,781
Code or in operating a facility used to confine offenders 1,782
pursuant to a sanction imposed under section 2929.16 of the 1,783
Revised Code to the county treasurer. The county treasurer shall 1,784
deposit the reimbursements in the sanction cost reimbursement 1,785
fund that each board of county commissioners shall create in its 1,786
county treasury. The county shall use the amounts deposited in 1,787
the fund to pay the costs incurred by the county pursuant to any 1,788
sanction imposed under this section or section 2929.16 or 2929.17 1,789
of the Revised Code or in operating a facility used to confine 1,791
offenders pursuant to a sanction imposed under section 2929.16 of 1,792
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,794
Code, the offender shall pay reimbursements imposed upon the 1,795
offender pursuant to division (A)(4)(a) of this section to pay 1,797
the costs incurred by a municipal corporation pursuant to any 1,798
43
sanction imposed under this section or section 2929.16 or 2929.17 1,799
of the Revised Code or in operating a facility used to confine 1,800
offenders pursuant to a sanction imposed under section 2929.16 of 1,801
the Revised Code to the treasurer of the municipal corporation. 1,803
The treasurer shall deposit the reimbursements in a special fund 1,804
that shall be established in the treasury of each municipal 1,805
corporation. The municipal corporation shall use the amounts 1,806
deposited in the fund to pay the costs incurred by the municipal 1,807
corporation pursuant to any sanction imposed under this section 1,808
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,809
a facility used to confine offenders pursuant to a sanction 1,810
imposed under section 2929.16 of the Revised Code. 1,811
(4) Except as provided in section 2951.021 of the Revised 1,813
Code, the offender shall pay reimbursements imposed pursuant to 1,814
division (A)(4)(a) of this section for the costs incurred by a 1,815
private provider pursuant to a sanction imposed under this 1,816
section or section 2929.16 or 2929.17 of the Revised Code to the 1,817
provider.
(D) A financial sanction imposed pursuant to division (A) 1,819
or (B) of this section is a judgment in favor of the state or a 1,820
political subdivision in which the court that imposed the 1,821
financial sanction is located, and the offender subject to the 1,822
sanction is the judgment debtor, except that a financial sanction 1,823
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,825
this section upon an offender who is incarcerated in a state 1,826
facility or a municipal jail is a judgment in favor of the state 1,827
or the municipal corporation, a financial sanction of 1,828
reimbursement imposed upon an offender pursuant to this section 1,829
for costs incurred by a private provider of sanctions is a 1,830
judgment in favor of the private provider, and a financial 1,831
sanction of restitution imposed pursuant to this section is a 1,832
judgment in favor of the victim of the offender's criminal act. 1,833
Once the financial sanction is imposed as a judgment, the victim, 1,834
private provider, state, or political subdivision may bring an 1,835
44
action to do any of the following:
(1) Obtain execution of the judgment through any available 1,838
procedure, including:
(a) An execution against the property of the judgment 1,841
debtor under Chapter 2329. of the Revised Code; 1,842
(b) An execution against the person of the judgment debtor 1,845
under Chapter 2331. of the Revised Code; 1,846
(c) A proceeding in aid of execution under Chapter 2333. 1,849
of the Revised Code, including: 1,850
(i) A proceeding for the examination of the judgment 1,853
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,854
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,857
judgment debtor under section 2333.28 of the Revised Code; 1,858
(iii) A creditor's suit under section 2333.01 of the 1,861
Revised Code.
(d) The attachment of the property of the judgment debtor 1,864
under Chapter 2715. of the Revised Code; 1,865
(e) The garnishment of the property of the judgment debtor 1,868
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,870
judgment debtor under section 1321.33 of the Revised Code. 1,872
(E) A court that imposes a financial sanction upon an 1,874
offender may hold a hearing if necessary to determine whether the 1,875
offender is able to pay the sanction or is likely in the future 1,876
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,879
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,881
enter into contracts with one or more public agencies or private 1,882
vendors for the collection of, amounts due under the financial 1,883
sanction imposed pursuant to this section or section 2929.25 of 1,884
the Revised Code. Before entering into a contract for the 1,885
collection of amounts due from an offender pursuant to any 1,886
45
financial sanction imposed pursuant to this section or section 1,887
2929.25 of the Revised Code, a court shall comply with sections 1,888
307.86 to 307.92 of the Revised Code. 1,889
(G) If a court that imposes a financial sanction under 1,892
division (A) or (B) of this section finds that an offender 1,893
satisfactorily has completed all other sanctions imposed upon the 1,894
offender and that all restitution that has been ordered has been 1,895
paid as ordered, the court may suspend any financial sanctions 1,896
imposed pursuant to this section or section 2929.25 of the 1,897
Revised Code that have not been paid. 1,898
(H) No financial sanction imposed under this section or 1,901
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,902
Sec. 2929.19. (A)(1) The court shall hold a sentencing 1,914
hearing before imposing a sentence under this chapter upon an 1,916
offender who was convicted of or pleaded guilty to a felony and 1,917
before resentencing an offender who was convicted of or pleaded 1,918
guilty to a felony and whose case was remanded pursuant to 1,919
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 1,920
the offender, the prosecuting attorney, the victim or the 1,921
victim's representative in accordance with section 2930.14 of the 1,922
Revised Code, and, with the approval of the court, any other 1,923
person may present information relevant to the imposition of 1,924
sentence in the case. The court shall inform the offender of the 1,925
verdict of the jury or finding of the court and ask the offender 1,926
whether the offender has anything to say as to why sentence 1,927
should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before 1,929
imposing sentence on an offender who is being sentenced for a 1,931
sexually oriented offense that was committed on or after the 1,932
effective date of this amendment JANUARY 1, 1997, and that is not 1,934
a sexually violent offense, and before imposing sentence on an 1,935
offender who is being sentenced for a sexually violent offense 1,936
committed on or after the effective date of this amendment 1,937
46
JANUARY 1, 1997, and who was not charged with a sexually violent 1,938
predator specification in the indictment, count in the 1,939
indictment, or information charging the sexually violent offense, 1,940
the court shall conduct a hearing in accordance with division (B) 1,941
of section 2950.09 of the Revised Code to determine whether the 1,943
offender is a sexual predator. The court shall not conduct a 1,944
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 1,945
specification was included in the indictment, count in the 1,947
indictment, or information charging the sexually violent offense. 1,948
Before imposing sentence on an offender who is being sentenced 1,949
for a sexually oriented offense, the court also shall comply with 1,950
division (E) of section 2950.09 of the Revised Code. 1,951
(B)(1) At the sentencing hearing, the court, before 1,954
imposing sentence, shall consider the record, any information 1,955
presented at the hearing by any person pursuant to division (A) 1,956
of this section, and, if one was prepared, the presentence 1,957
investigation report made pursuant to section 2951.03 of the 1,958
Revised Code or Criminal Rule 32.2, and any victim impact 1,959
statement made pursuant to section 2947.051 of the Revised Code. 1,961
(2) The court shall impose a sentence and shall make a 1,963
finding that gives its reasons for selecting the sentence imposed 1,965
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 1,967
which the court is required to impose sentence pursuant to 1,968
division (G) of section 2929.14 of the Revised Code, if it 1,969
imposes a prison term for a felony of the fourth or fifth degree 1,970
or for a felony drug offense that is a violation of a provision 1,971
of Chapter 2925. of the Revised Code and that is specified as 1,972
being subject to division (B) of section 2929.13 of the Revised 1,974
Code for purposes of sentencing and, if the term is not a 1,975
mandatory prison term imposed pursuant to division (G)(2) of 1,977
section 2929.13 of the Revised Code for a felony OMVI offense, 1,979
its reasons for imposing the prison term, based upon the 1,980
47
overriding purposes and principles of felony sentencing set forth 1,981
in section 2929.11 of the Revised Code, and any factors listed in 1,982
divisions (B)(1)(a) to (h) of section 2929.13 of the Revised Code 1,983
that it found to apply relative to the offender.
(b) If it does not impose a prison term for a felony of 1,986
the first or second degree or for a felony drug offense that is a 1,987
violation of a provision of Chapter 2925. of the Revised Code and 1,989
for which a presumption in favor of a prison term is specified as 1,990
being applicable, its reasons for not imposing the prison term 1,991
and for overriding the presumption, based upon the overriding 1,992
purposes and principles of felony sentencing set forth in section 1,993
2929.11 of the Revised Code, and the basis of the findings it 1,994
made under divisions (D)(1) and (2) of section 2929.13 of the 1,996
Revised Code.
(c) If it imposes consecutive sentences under section 1,999
2929.14 of the Revised Code, its reasons for imposing the 2,000
consecutive sentences;
(d) If the sentence is for one offense and it imposes a 2,002
prison term for the offense that is the maximum prison term 2,003
allowed for that offense by division (A) of section 2929.14 of 2,004
the Revised Code, its reasons for imposing the maximum prison 2,005
term;
(e) If the sentence is for two or more offenses arising 2,007
out of a single incident and it imposes a prison term for those 2,008
offenses that is the maximum prison term allowed for the offense 2,009
of the highest degree by division (A) of section 2929.14 of the 2,010
Revised Code, its reasons for imposing the maximum prison term. 2,011
(3) Subject to division (B)(4) of this section, if the 2,014
sentencing court determines at the sentencing hearing that a 2,015
prison term is necessary or required, the court shall do all of 2,016
the following:
(a) Impose a stated prison term; 2,018
(b) Notify the offender that the parole board may extend 2,021
the stated prison term if the offender commits any criminal 2,022
48
offense under the laws of this state or the United States while 2,023
serving the prison term, that the extension will be done
administratively as part of the offender's sentence in accordance 2,024
with section 2967.11 of the Revised Code and may be for thirty, 2,025
sixty, or ninety days for each violation, that all extensions of 2,026
any stated prison term for all violations during the course of 2,027
the term may not exceed one-half of the term's duration, and that 2,028
the sentence so imposed automatically includes any extension of 2,029
the stated prison term by the parole board; 2,030
(c) Subject to division (B)(4) of this section, if the 2,033
offender is being sentenced for a felony of the first degree, for 2,034
a felony of the second degree, for a felony sex offense, as 2,035
defined in section 2967.28 of the Revised Code, or for a felony 2,036
of the third degree that is not a felony sex offense and in the 2,037
commission of which the offender caused or threatened to cause 2,038
physical harm to a person, notify the offender that a period of 2,039
post-release control pursuant to section 2967.28 of the Revised 2,040
Code will be imposed following the offender's release from 2,041
prison;
(d) Subject to division (B)(4) of this section, if the 2,044
offender is being sentenced for a felony of the third, fourth, or 2,045
fifth degree that is not subject to division (B)(3)(c) of this 2,046
section, notify the offender that a period of post-release 2,047
control pursuant to section 2967.28 of the Revised Code may be
imposed following the offender's release from prison; 2,048
(e) Notify the offender that, if a period of post-release 2,051
control is imposed following the offender's release from prison, 2,052
as described in division (B)(3)(c) or (d) of this section, and if 2,054
the offender violates a post-release control sanction imposed as 2,055
a component of the post-release control including the mandatory 2,056
condition described in division (A) of section 2967.121 of the 2,057
Revised Code, all of the following apply:
(i) The adult parole authority or the parole board may 2,060
impose a more restrictive post-release control sanction. 2,061
49
(ii) The parole board may increase the duration of the 2,064
post-release control subject to a specified maximum. 2,065
(iii) The more restrictive sanction that the parole board 2,068
may impose may consist of a prison term, provided that the prison 2,069
term cannot exceed nine months and the maximum cumulative prison 2,070
term so imposed for all violations during the period of 2,071
post-release control cannot exceed one-half of the stated prison 2,072
term originally imposed upon the offender. 2,073
(iv) If the violation of the sanction is a felony, the 2,076
offender may be prosecuted for the felony and, in addition to any 2,077
sentence it imposes on the offender for the new felony, the court 2,078
may impose a prison term, subject to a specified maximum, for the 2,079
violation.
(4) If the offender is being sentenced for a sexually 2,081
violent offense that the offender committed on or after the 2,082
effective date of this amendment JANUARY 1, 1997, and the 2,084
offender also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the 2,085
indictment, count in the indictment, or information charging the 2,086
sexually violent offense or if the offender is being sentenced 2,087
for a sexually oriented offense that the offender committed on or 2,088
after the effective date of this section JANUARY 1, 1997, and the 2,089
court imposing the sentence has determined pursuant to division 2,090
(B) of section 2950.09 of the Revised Code that the offender is a 2,092
sexual predator, the court shall include in the offender's 2,093
sentence a statement that the offender has been adjudicated as 2,094
being a sexual predator and shall comply with the requirements of 2,095
section 2950.03 of the Revised Code. Additionally, in the 2,096
circumstances described in division (G) of section 2929.14 of the 2,097
Revised Code, the court shall impose sentence on the offender as 2,098
described in that division.
(5) If the sentencing court determines at the sentencing 2,101
hearing that a community control sanction should be imposed and 2,102
the court is not prohibited from imposing a community control
50
sanction, the court shall impose a community control sanction. 2,103
The court shall notify the offender that, if the conditions of 2,104
the sanction are violated or the condition imposed under division 2,105
(C)(1)(b) of section 2951.02 of the Revised Code, if imposed, is 2,106
violated, the court may impose a longer time under the same 2,108
sanction, may impose a more restrictive sanction, or may impose a 2,109
prison term on the offender and shall indicate the specific 2,110
prison term that may be imposed as a sanction for the violation, 2,111
as selected by the court from the range of prison terms for the 2,112
offense pursuant to section 2929.14 of the Revised Code. 2,113
(6) Before imposing a financial sanction under section 2,115
2929.18 of the Revised Code or a fine under section 2929.25 of 2,116
the Revised Code, the court shall consider the offender's present 2,117
and future ability to pay the amount of the sanction or fine. 2,118
(C)(1) If the offender is being sentenced for a fourth 2,120
degree felony OMVI offense and if the court is required by UNDER 2,121
division (G)(1) of section 2929.13 of the Revised Code to impose 2,123
as a sanction a mandatory term of local incarceration, the court 2,125
shall impose the mandatory term of local incarceration in 2,126
accordance with that division, shall impose a mandatory fine in 2,128
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as 2,129
specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of 2,130
the Revised Code. The court shall not impose a prison term on 2,131
the offender.
(2) If the offender is being sentenced for a THIRD OR 2,133
fourth degree felony OMVI offense and if the court is required by 2,135
UNDER division (G)(2) of section 2929.13 of the Revised Code to 2,137
impose as a sanction a mandatory prison term, the court shall 2,139
impose the mandatory prison term in accordance with that 2,140
division, shall impose a mandatory fine in accordance with 2,141
division (B)(3) of section 2929.18 of the Revised Code, and, in 2,142
addition, may impose an additional prison term as specified in 2,143
section 2929.14 of the Revised Code. The court shall not impose 2,144
51
any community control sanction on the offender.
Sec. 2929.23. (A) As used in this section: 2,153
(1) "Electronic monitoring device" means either of the 2,155
following: 2,156
(a) Any device that can be operated by electrical or 2,158
battery power and that conforms with all of the following: 2,159
(i) The device has a transmitter that can be attached to a 2,161
person, that will transmit a specified signal to a receiver of 2,162
the type described in division (A)(1)(a)(ii) of this section if 2,163
the transmitter is removed from the person, turned off, or 2,164
altered in any manner without prior court approval in relation to 2,165
electronically monitored house arrest or electronically monitored 2,166
house detention or without prior approval of the department of 2,167
rehabilitation and correction in relation to the use of an 2,168
electronic monitoring device for an inmate on transitional 2,170
control or otherwise is tampered with, that can transmit 2,171
continuously and periodically a signal to that receiver when the 2,172
person is within a specified distance from the receiver, and that 2,173
can transmit an appropriate signal to that receiver if the person 2,174
to whom it is attached travels a specified distance from that 2,175
receiver.
(ii) The device has a receiver that can receive 2,177
continuously the signals transmitted by a transmitter of the type 2,178
described in division (A)(1)(a)(i) of this section, can transmit 2,179
continuously those signals by telephone to a central monitoring 2,180
computer of the type described in division (A)(1)(a)(iii) of this 2,181
section, and can transmit continuously an appropriate signal to 2,182
that central monitoring computer if the receiver is turned off or 2,183
altered without prior court approval or otherwise tampered with. 2,184
(iii) The device has a central monitoring computer that 2,186
can receive continuously the signals transmitted by telephone by 2,187
a receiver of the type described in division (A)(1)(a)(ii) of 2,188
this section and can monitor continuously the person to whom an 2,189
electronic monitoring device of the type described in division 2,190
52
(A)(1)(a) of this section is attached. 2,191
(b) Any device that is not a device of the type described 2,193
in division (A)(1)(a) of this section and that conforms with all 2,194
of the following: 2,195
(i) The device includes a transmitter and receiver that 2,197
can monitor and determine the location of a subject person at any 2,198
time, or at a designated point in time, through the use of a 2,199
central monitoring computer or through other electronic means; 2,200
(ii) The device includes a transmitter and receiver that 2,202
can determine at any time, or at a designated point in time, 2,203
through the use of a central monitoring computer or other 2,204
electronic means the fact that the transmitter is turned off or 2,205
altered in any manner without prior approval of the court in 2,206
relation to electronically monitored house arrest or 2,207
electronically monitored house detention or without prior 2,208
approval of the department of rehabilitation and correction in 2,209
relation to the use of an electronic monitoring device for an 2,211
inmate on transitional control or otherwise is tampered with. 2,213
(2) "Certified electronic monitoring device" means an 2,215
electronic monitoring device that has been certified by the 2,216
superintendent of the bureau of criminal identification and 2,217
investigation pursuant to division (C)(1) of this section. 2,218
(3) "Eligible offender" means a person who has been 2,220
convicted of or pleaded guilty to any offense, except that a 2,221
person is not an "eligible offender" if any of the following 2,223
apply in relation to the person, the offense, or the person and 2,224
the offense: 2,225
(a) The person is subject to or is serving a term of life 2,227
imprisonment.
(b) The person is subject to or is serving a mandatory 2,229
prison term imposed under division (F) of section 2929.13, 2,230
division (D) of section 2929.14, or any other section of the 2,231
Revised Code, provided that, after the person has served all of 2,232
the mandatory prison terms so imposed, the person may be an 2,233
53
eligible offender unless excluded by division (A)(3)(a), (c) or 2,234
(d) of this section. 2,235
(c) The offense is a violation of division (A) of section 2,238
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 2,239
the Revised Code and is serving the mandatory term of local 2,241
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days of 2,242
imprisonment imposed under that division, provided that, after 2,243
the person has served all of the mandatory term of local 2,244
incarceration so imposed, the person may be an eligible offender 2,245
unless excluded by division (A)(3)(a), (b), or (d) of this 2,246
section. 2,247
(d) The offense is a violation of division (A) of section 2,250
4511.19 of the Revised Code, and the person is sentenced for that 2,251
offense pursuant to division (G)(2) of section 2929.13 of the 2,252
Revised Code. 2,253
(4) "Electronically monitored house arrest" means a period 2,255
of confinement of an eligible offender in the eligible offender's 2,257
home or in other premises specified by the sentencing court, 2,258
during which period of confinement all of the following apply: 2,259
(a) The eligible offender wears, otherwise has attached to 2,261
the eligible offender's person, or otherwise is subject to 2,262
monitoring by a certified electronic monitoring device, or the 2,264
eligible offender is subject to monitoring by a certified 2,266
electronic monitoring system;
(b) The eligible offender is required to remain in the 2,268
eligible offender's home or other premises specified by the 2,269
sentencing court for the specified period of confinement, except 2,270
for periods of time during which the eligible offender is at the 2,272
eligible offender's place of employment or at other premises as 2,273
authorized by the sentencing court;
(c) The eligible offender is subject to monitoring by a 2,275
central system that monitors the certified electronic monitoring 2,276
device that is attached to the eligible offender's person or that 2,278
54
otherwise is being used to monitor the eligible offender and that 2,279
can monitor and determine the eligible offender's location at any 2,281
time or at a designated point in time, or the eligible offender 2,282
is required to participate in monitoring by a certified 2,283
electronic monitoring system; 2,284
(d) The eligible offender is required by the sentencing 2,286
court to report periodically to a person designated by the court; 2,287
(e) The eligible offender is subject to any other 2,289
restrictions and requirements that may be imposed by the 2,290
sentencing court. 2,291
(5) "Electronic monitoring system" means a system by which 2,293
the location of an eligible offender can be verified 2,294
telephonically through the use of voice-activated voice response 2,295
technology that conforms with all of the following: 2,296
(a) It can be programmed to call the telephone or 2,298
telephones assigned to the eligible offender who is the subject 2,300
of the monitoring as often as necessary; 2,301
(b) It is equipped with a voice recognition system that 2,303
can work accurately and reliably under the anticipated conditions 2,304
in which it will operate; 2,305
(c) It is equipped to perform an alarm function if the 2,307
eligible offender who is the subject of monitoring does not 2,309
respond to system commands in the manner required. 2,310
(6) "Certified electronic monitoring system" means an 2,312
electronic monitoring system that has been certified by the 2,313
superintendent of the bureau of criminal identification and 2,314
investigation pursuant to division (C)(1) of this section. 2,315
(7) "Electronically monitored house detention" has the 2,317
same meaning as in section 2151.355 of the Revised Code. 2,318
(8) "Transitional control" means the program of 2,321
transitional control established by the department of 2,322
rehabilitation and correction under section 2967.26 of the 2,323
Revised Code, if the department establishes a program of that 2,324
nature under that section.
55
(B)(1) Any court may impose as a sanction pursuant to 2,326
sections 2929.15 and 2929.17 of the Revised Code a period of 2,327
electronically monitored house arrest upon an eligible offender 2,328
who is convicted of or pleads guilty to a felony, except that the 2,329
total of any period of electronically monitored house arrest 2,330
imposed upon that eligible offender plus the period of all other 2,331
sanctions imposed upon the same eligible offender pursuant to 2,332
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 2,333
Code shall not exceed five years. Any court may impose a period 2,334
of electronically monitored house arrest upon an eligible 2,335
offender who is convicted of or pleads guilty to a misdemeanor in 2,336
addition to or in lieu of any other sentence imposed or 2,337
authorized for the offense, except that the total of any period 2,338
of electronically monitored house arrest imposed upon that 2,339
eligible offender plus the period of any sentence of imprisonment 2,340
imposed upon the same eligible offender shall not exceed the 2,341
maximum term of imprisonment that could be imposed upon the 2,342
eligible offender pursuant to section 2929.21 of the Revised Code 2,343
and except that, if the offense for which an eligible offender is 2,344
being sentenced is a violation of division (A) of section 4511.19 2,345
or of division (D)(2) of section 4507.02 of the Revised Code, the 2,346
court may impose a period of electronically monitored house 2,347
arrest upon the eligible offender only when authorized by and 2,348
only in the circumstances described in division (A) of section 2,349
4511.99 or division (B) of section 4507.99 of the Revised Code. 2,350
If a court imposes a period of electronically monitored 2,352
house arrest upon an eligible offender, it shall require the 2,353
eligible offender to wear, otherwise have attached to the 2,354
eligible offender's person, or otherwise be subject to monitoring 2,356
by a certified electronic monitoring device or to participate in 2,357
the operation of and monitoring by a certified electronic 2,358
monitoring system; to remain in the eligible offender's home or 2,359
other specified premises for the entire period of electronically 2,361
monitored house arrest except when the court permits the eligible 2,362
56
offender to leave those premises to go to the eligible offender's 2,363
place of employment or to other specified premises; to be 2,364
monitored by a central system that monitors the certified 2,365
electronic monitoring device that is attached to the eligible 2,366
offender's person or that otherwise is being used to monitor the 2,368
eligible offender and that can monitor and determine the eligible 2,370
offender's location at any time or at a designated point in time 2,372
or to be monitored by the certified electronic monitoring system; 2,373
to report periodically to a person designated by the court; and, 2,374
in return for receiving a period of electronically monitored 2,375
house arrest, to enter into a written contract with the court 2,376
agreeing to comply with all restrictions and requirements imposed 2,377
by the court, agreeing to pay any fee imposed by the court for 2,378
the costs of the electronically monitored house arrest imposed by 2,379
the court pursuant to division (E) of this section, and agreeing 2,380
to waive the right to receive credit for any time served on 2,381
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 2,383
the offense for which the period of electronically monitored 2,384
house arrest was imposed if the eligible offender violates any of 2,385
the restrictions or requirements of the period of electronically 2,387
monitored house arrest, and additionally, it may impose any other 2,388
reasonable restrictions and requirements upon the eligible 2,389
offender.
(2) If an eligible offender violates any of the 2,391
restrictions or requirements imposed upon the eligible offender 2,392
as part of the eligible offender's period of electronically 2,394
monitored house arrest, the eligible offender shall not receive 2,395
credit for any time served on electronically monitored house 2,396
arrest toward any prison term or sentence of imprisonment imposed 2,397
upon the eligible offender for the offense for which the period 2,399
of electronically monitored house arrest was imposed. 2,400
(C)(1) The superintendent of the bureau of criminal 2,402
identification and investigation, in accordance with this section 2,403
57
and rules adopted by the superintendent pursuant to division 2,404
(C)(2) of this section, shall certify for use in cases of 2,405
electronically monitored house arrest, in electronically 2,406
monitored house detention, and in relation to an inmate on 2,408
transitional control specific types and brands of electronic 2,409
monitoring devices and electronic monitoring systems that comply 2,410
with the requirements of this section, section 5120.073 of the 2,411
Revised Code, and those rules. Any manufacturer that, pursuant 2,412
to this division, seeks to obtain the certification of any type 2,413
or brand of electronic monitoring device or electronic monitoring 2,414
system shall submit to the superintendent an application for 2,415
certification in accordance with those rules together with the 2,416
application fee and costs of certification as required by those 2,417
rules. The superintendent shall not certify any electronic 2,418
monitoring device or electronic monitoring system pursuant to 2,419
this division unless the application fee and costs have been paid 2,420
to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of 2,422
the Revised Code, shall adopt rules for certifying specific types 2,423
and brands of electronic monitoring devices and electronic 2,424
monitoring systems for use in electronically monitored house 2,425
arrest, in electronically monitored house detention, and in 2,427
relation to an inmate on transitional control. The rules shall 2,428
set forth the requirements for obtaining the certification, the 2,429
application fee and other costs for obtaining the certification, 2,430
the procedure for applying for certification, and any other 2,431
requirements and procedures considered necessary by the 2,432
superintendent. The rules shall require that no type or brand of 2,433
electronic monitoring device or electronic monitoring system be 2,434
certified unless the type or brand of device or system complies 2,435
with whichever of the following is applicable, in addition to any 2,436
other requirements specified by the superintendent: 2,437
(a) For electronic monitoring devices of the type 2,439
described in division (A)(1)(a) of this section, the type or 2,440
58
brand of device complies with all of the following: 2,441
(i) It has a transmitter of the type described in division 2,443
(A)(1)(a)(i) of this section, a receiver of the type described in 2,444
division (A)(1)(a)(ii) of this section, and a central monitoring 2,445
computer of the type described in division (A)(1)(a)(iii) of this 2,446
section; 2,447
(ii) Its transmitter can be worn by or attached to a 2,449
person with a minimum of discomfort during normal activities, is 2,450
difficult to remove, turn off, or otherwise alter without prior 2,451
court approval in relation to electronically monitored house 2,452
arrest or electronically monitored house detention or prior 2,453
approval of the department of rehabilitation and correction in 2,454
relation to the use of an electronic monitoring device for an 2,456
inmate on transitional control, and will transmit a specified 2,458
signal to the receiver if it is removed, turned off, altered, or 2,459
otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and 2,461
will transmit a signal to the central monitoring computer if it 2,462
is turned off, altered, or otherwise tampered with; 2,463
(iv) Its central monitoring computer is difficult to 2,465
circumvent; 2,466
(v) Its transmitter, receiver, and central monitoring 2,468
computer work accurately and reliably under the anticipated 2,469
conditions under which electronically monitored house arrest or 2,470
electronically monitored house detention will be imposed by 2,471
courts or under which an electronic monitoring device will be 2,474
used by the department of rehabilitation and correction in
relation to an inmate on transitional control; 2,475
(vi) It has a backup battery power supply that operates 2,477
automatically when the main source of electrical or battery power 2,478
for the device fails. 2,479
(b) For electronic monitoring devices of the type 2,481
described in division (A)(1)(b) of this section, the type or 2,482
brand of device complies with all of the following: 2,483
59
(i) It has a transmitter and receiver of the type 2,485
described in divisions (A)(1)(b)(i) and (ii) of this section. 2,486
(ii) Its transmitter is difficult to turn off or alter 2,488
without prior court approval in relation to electronically 2,489
monitored house arrest or electronically monitored house 2,490
detention or without prior approval of the department of 2,491
rehabilitation and correction in relation to the use of an 2,492
electronic monitoring device for an inmate on transitional 2,494
control, and, if the transmitter is turned off or altered in any 2,496
manner without prior approval of the court or department or 2,497
otherwise is tampered with, the fact that it has been turned off, 2,498
altered, or tampered with can be determined at any time, or at a 2,499
designated point in time, through the use of a central monitoring 2,500
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 2,502
if the receiver is turned off, altered, or otherwise tampered 2,503
with, the fact that it has been turned off, altered, or tampered 2,504
with can be determined at any time, or at a designated point in 2,505
time, through the use of a central monitoring computer or through 2,506
other electronic means. 2,507
(iv) Its central monitoring computer or other means of 2,509
electronic monitoring is difficult to circumvent. 2,510
(v) Its transmitter, receiver, and central monitoring 2,512
computer or other means of electronic monitoring work accurately 2,513
and reliably under the anticipated conditions under which 2,514
electronically monitored house arrest or electronically monitored 2,516
house detention will be used, or under which an electronic 2,517
monitoring device will be used by the department of 2,519
rehabilitation and correction in relation to an inmate on 2,520
transitional control.
(vi) If it operates on electrical or battery power, it has 2,522
a backup battery power supply that operates automatically when 2,523
the main source of electrical or battery power for the device 2,524
fails, or, if it does not operate on electrical or battery power, 2,525
60
it has a backup method of operation so that it will continue to 2,526
operate if its main method of operation fails. 2,527
(c) For electronic monitoring systems, the type or brand 2,529
of system complies with all of the following: 2,530
(i) It can be programmed to call the telephone or 2,532
telephones assigned to the person who is the subject of the 2,533
monitoring as often as necessary; 2,534
(ii) It is equipped with a voice recognition system that 2,536
can work accurately and reliably under the anticipated conditions 2,537
in which it will operate; 2,538
(iii) It is equipped to perform an alarm function if the 2,540
person who is the subject of the monitoring does not respond to 2,541
system commands in the manner required. 2,542
(3) The superintendent shall publish and make available to 2,544
all courts and to the department of rehabilitation and 2,545
correction, without charge, a list of all types and brands of 2,546
electronic monitoring devices and electronic monitoring systems 2,547
that have been certified by the superintendent pursuant to 2,548
division (C)(1) of this section and information about the 2,549
manufacturers of the certified devices and systems and places at 2,550
which the devices and systems can be obtained. 2,551
(D) The superintendent of the bureau of criminal 2,553
identification and investigation shall deposit all costs and fees 2,554
collected pursuant to division (C) of this section into the 2,556
general revenue fund.
(E)(1) Each county in which is located a court that 2,558
imposes a period of electronically monitored house arrest or 2,559
electronically monitored house detention as a sentencing sanction 2,560
or alternative may establish in the county treasury an 2,562
electronically monitored house arrest and detention fund. The 2,563
clerk of each court that uses that sentencing sanction or 2,564
alternative may deposit into the fund all fees collected from 2,566
eligible offenders upon whom electronically monitored house 2,567
arrest or detention is imposed pursuant to this section, section 2,568
61
2151.355, or any other section of the Revised Code that 2,569
specifically authorizes the imposition of electronically 2,570
monitored house arrest or detention. Each court that imposes 2,571
electronically monitored house arrest or detention may adopt by 2,572
local court rule a reasonable daily fee to be paid by each 2,573
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 2,574
alternative. The fee may include the actual costs of providing 2,576
house arrest or detention and an additional amount necessary to 2,577
enable the court to provide electronically monitored house arrest 2,578
or detention to indigent eligible offenders. The fund may be 2,579
used only for the payment of the costs of electronically 2,580
monitored house arrest or detention, including, but not limited 2,581
to, the costs of electronically monitored house arrest or 2,582
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 2,584
this section, it shall be in addition to any fine specifically 2,585
authorized or required by any other section of the Revised Code 2,586
for an eligible offender upon whom a period of electronically 2,587
monitored house arrest or detention is imposed as a sentencing 2,588
sanction or alternative.
Sec. 2929.41. (A) Except as provided in division (B) of 2,597
this section, division (E) of section 2929.14, or division (D) or 2,598
(E) of section 2971.03 of the Revised Code, a sentence of 2,599
imprisonment shall be served concurrently with any other sentence 2,601
of imprisonment imposed by a court of this state, another state, 2,602
or the United States. In any case EXCEPT AS PROVIDED IN DIVISION 2,603
(B)(2) OF THIS SECTION, a sentence of imprisonment for 2,604
misdemeanor shall be served concurrently with a PRISON TERM OR 2,605
sentence of imprisonment for felony served in a state or federal 2,607
correctional institution.
(B)(1) A sentence of imprisonment for a misdemeanor shall 2,609
be served consecutively to any other sentence of imprisonment 2,610
when the trial court specifies that it is to be served 2,613
62
consecutively or when it is imposed for a misdemeanor violation
of section 2907.322, 2921.34, or 2923.131 of the Revised Code. 2,615
(2) When consecutive sentences of imprisonment are imposed 2,618
for misdemeanor UNDER THIS DIVISION, the term to be served is the 2,619
aggregate of the consecutive terms imposed, except that the 2,620
aggregate term to be served shall not exceed eighteen months. 2,621
(2) A SENTENCE OF IMPRISONMENT IMPOSED FOR A MISDEMEANOR 2,623
VIOLATION OF SECTION 4511.19 OR DIVISION (B)(1), (C), (D)(1), OR 2,625
(D)(2) OF SECTION 4507.02 OF THE REVISED CODE SHALL BE SERVED 2,627
CONSECUTIVELY TO A PRISON TERM THAT IS IMPOSED FOR A FELONY 2,628
VIOLATION OF SECTION 2903.06, 2903.07, 2903.08, OR 4511.19 OF THE 2,629
REVISED CODE OR A FELONY VIOLATION OF SECTION 2903.04 OF THE
REVISED CODE INVOLVING THE OPERATION OF A MOTOR VEHICLE BY THE 2,630
OFFENDER AND THAT IS SERVED IN A STATE CORRECTIONAL INSTITUTION 2,631
WHEN THE TRIAL COURT SPECIFIES THAT IT IS TO BE SERVED 2,632
CONSECUTIVELY.
WHEN CONSECUTIVE SENTENCES OF IMPRISONMENT AND PRISON TERMS 2,634
ARE IMPOSED FOR ONE OR MORE MISDEMEANORS AND ONE OR MORE FELONIES 2,635
UNDER THIS DIVISION, THE TERM TO BE SERVED IS THE AGGREGATE OF 2,636
THE CONSECUTIVE TERMS IMPOSED, AND THE OFFENDER SHALL SERVE ALL 2,637
TERMS IMPOSED FOR A FELONY BEFORE SERVING ANY TERM IMPOSED FOR A 2,638
MISDEMEANOR. 2,639
Sec. 2937.222. (A) On the motion of the prosecuting 2,648
attorney or on the judge's own motion, the judge shall hold a 2,649
hearing to determine whether an accused person charged with 2,650
aggravated murder when it is not a capital offense, murder, a 2,651
felony of the first or second degree, a violation of section 2,652
2903.06 of the Revised Code, or a fourth degree felony OMVI 2,653
offense shall be denied bail. The judge shall order that the 2,654
accused be detained until the conclusion of the hearing. Except 2,655
for good cause, a continuance on the motion of the state shall 2,656
not exceed three court days. Except for good cause, a 2,658
continuance on the motion of the accused shall not exceed five
court days unless the motion of the accused waives in writing the 2,659
63
five-day limit and states in writing a specific period for which 2,660
the accused requests a continuance. A continuance granted upon a 2,661
motion of the accused that waives in writing the five-day limit 2,662
shall not exceed five court days after the period of continuance 2,663
requested in the motion.
At the hearing, the accused has the right to be represented 2,666
by counsel and, if the accused is indigent, to have counsel 2,667
appointed. The judge shall afford the accused an opportunity to 2,668
testify, to present witnesses and other information, and to 2,669
cross-examine witnesses who appear at the hearing. The rules 2,670
concerning admissibility of evidence in criminal trials do not 2,671
apply to the presentation and consideration of information at the 2,672
hearing. Regardless of whether the hearing is being held on the 2,673
motion of the prosecuting attorney or on the court's own motion, 2,674
the state has the burden of proving that the proof is evident or 2,676
the presumption great that the accused committed the offense with 2,677
which the accused is charged, of proving that the accused poses a 2,678
substantial risk of serious physical harm to any person or to the 2,679
community, and of proving that no release conditions will
reasonably assure the safety of that person and the community. 2,680
The judge may reopen the hearing at any time before trial 2,683
if the judge finds that information exists that was not known to 2,684
the movant at the time of the hearing and that that information 2,685
has a material bearing on whether bail should be denied. If a 2,686
municipal court or county court enters an order denying bail, a 2,687
judge of the court of common pleas having jurisdiction over the 2,688
case may continue that order or may hold a hearing pursuant to 2,689
this section to determine whether to continue that order. 2,690
(B) No accused person shall be denied bail pursuant to 2,693
this section unless the judge finds by clear and convincing
evidence that the proof is evident or the presumption great that 2,695
the accused committed the offense described in division (A) of 2,697
this section with which the accused is charged, finds by clear 2,698
and convincing evidence that the accused poses a substantial risk 2,700
64
of serious physical harm to any person or to the community, and
finds by clear and convincing evidence that no release conditions 2,701
will reasonably assure the safety of that person and the 2,703
community.
(C) The judge, in determining whether the accused person 2,705
described in division (A) of this section poses a substantial 2,708
risk of serious physical harm to any person or to the community 2,709
and whether there are conditions of release that will reasonably 2,710
assure the safety of that person and the community, shall
consider all available information regarding all of the 2,712
following:
(1) The nature and circumstances of the offense charged, 2,714
including whether the offense is an offense of violence or 2,715
involves alcohol or a drug of abuse; 2,716
(2) The weight of the evidence against the accused; 2,718
(3) The history and characteristics of the accused, 2,720
including, but not limited to, both of the following: 2,721
(a) The character, physical and mental condition, family 2,724
ties, employment, financial resources, length of residence in the 2,725
community, community ties, past conduct, history relating to drug 2,726
or alcohol abuse, and criminal history of the accused; 2,727
(b) Whether, at the time of the current alleged offense or 2,730
at the time of the arrest of the accused, the accused was on
probation, parole, post-release control, or other release pending 2,732
trial, sentencing, appeal, or completion of sentence for the 2,733
commission of an offense under the laws of this state, another 2,734
state, or the United States or under a municipal ordinance. 2,735
(4) The nature and seriousness of the danger to any person 2,737
or the community that would be posed by the person's release. 2,738
(D)(1) An order of the court of common pleas denying bail 2,741
pursuant to this section is a final appealable order. In an 2,742
appeal pursuant to division (D) of this section, the court of 2,743
appeals shall do all of the following: 2,744
(a) Give the appeal priority on its calendar; 2,746
65
(b) Liberally modify or dispense with formal requirements 2,748
in the interest of a speedy and just resolution of the appeal; 2,749
(c) Decide the appeal expeditiously; 2,751
(d) Promptly enter its judgment affirming or reversing the 2,753
order denying bail. 2,754
(2) The pendency of an appeal under this section does not 2,756
deprive the court of common pleas of jurisdiction to conduct 2,757
further proceedings in the case or to further consider the order 2,758
denying bail in accordance with this section. If, during the 2,759
pendency of an appeal under division (D) of this section, the 2,760
court of common pleas sets aside or terminates the order denying 2,761
bail, the court of appeals shall dismiss the appeal. 2,762
(E) As used in this section: 2,764
(1) "Court day" has the same meaning as in section 5122.01 2,767
of the Revised Code. 2,768
(2) "FELONY OMVI OFFENSE" MEANS A THIRD DEGREE FELONY OMVI 2,771
OFFENSE AND A FOURTH DEGREE FELONY OMVI OFFENSE.
(3) "Fourth degree felony OMVI offense" has AND "THIRD 2,774
DEGREE FELONY OMVI OFFENSE" HAVE the same meaning MEANINGS as in 2,775
section 2929.01 of the Revised Code. 2,777
Sec. 3793.10. A drivers' intervention program may be used 2,786
as an alternative to a term of imprisonment for an offender 2,787
sentenced pursuant to division (A)(1) of section 4511.99 of the 2,788
Revised Code, if it is certified by the director of alcohol and 2,789
drug addiction services pursuant to this section. No drivers' 2,790
intervention program shall be used as an alternative to a term of 2,791
imprisonment that is imposed pursuant to division (A)(2), (3), or 2,793
(4), (6), (7), OR (8) of section 4511.99 of the Revised Code. 2,795
To qualify for certification by the director and to receive 2,797
funds from the statewide treatment and prevention fund created by 2,800
section 4301.30 of the Revised Code in any amounts and at any 2,802
times that the director determines are appropriate, a drivers' 2,803
intervention program shall meet state minimum standards that the 2,804
director shall establish by rule. The rules shall include, but 2,805
66
are not limited to, standards governing program course hours and 2,806
content, qualifications of program personnel, methods of 2,807
identifying and testing participants to isolate participants with 2,808
alcohol and drug abuse problems, referral of such persons to 2,809
alcohol and drug addiction programs, the prompt notification of 2,810
courts by program operators of the completion of the programs by 2,811
persons required by courts to attend them, and record keeping, 2,812
including methods of tracking participants for a reasonable time 2,813
after they have left the program. 2,814
The director shall issue a certificate to any qualified 2,816
drivers' intervention program. The certificate is valid for 2,818
three years.
Sec. 4503.233. (A)(1) As used in this section, "vehicle 2,827
owner" means either of the following: 2,828
(a) The person in whose name is registered, at the time of 2,830
the offense, a vehicle that is subject to an immobilization order 2,831
issued under division (A)(2) of this section; 2,832
(b) A person to whom, at the time of the offense, the 2,834
certificate of title to a vehicle has been assigned and who has 2,835
not obtained a certificate of title to the vehicle in that 2,836
person's name but who is deemed by the court as being the owner 2,837
of the vehicle at the time of the offense for which the vehicle
is subject to an immobilization and impoundment order issued 2,838
under division (A)(2) of this section. 2,839
(2) If a court is required to order the immobilization of 2,841
a vehicle for a specified period of time pursuant to division 2,842
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 2,843
pursuant to division (A)(2)(b) or, (3)(b), (6)(b), OR (7)(b) of 2,845
section 4511.99, pursuant to division (B)(1) or (2) or (C)(1) or 2,846
(2) of section 4507.361, or pursuant to division (B)(2)(a) or (b) 2,847
of section 4511.193 of the Revised Code, the court shall issue an 2,848
immobilization order, subject to section 4503.235 of the Revised 2,850
Code, in accordance with this division and for the period of time 2,851
specified in the particular division, and the immobilization
67
under the order shall be in accordance with this section. The 2,853
court, at the time of sentencing the offender for the offense 2,854
relative to which the immobilization order is issued or as soon 2,855
thereafter as is practicable, shall give a copy of the order to 2,856
the offender or the offender's counsel and to the vehicle owner 2,857
or the vehicle owner's counsel. The court promptly shall send a 2,858
copy of the order to the registrar on a form prescribed by the 2,859
registrar and to the person or agency it designates to execute
the order. 2,860
The order shall indicate the date on which it is issued, 2,862
shall identify the vehicle that is subject to the order, and 2,863
shall specify all of the following: 2,864
(a) The period of the immobilization; 2,866
(b) The place at which the court determines that the 2,868
immobilization shall be carried out, provided that the court 2,869
shall not determine and shall not specify that the immobilization 2,870
is to be carried out at any place other than a commercially 2,871
operated private storage lot, a place owned by a law enforcement 2,872
or other government agency, or a place to which one of the 2,873
following applies: 2,874
(i) The place is leased by or otherwise under the control 2,876
of a law enforcement or other government agency. 2,877
(ii) The place is owned by the offender, the offender's 2,879
spouse, or a parent or child of the offender. 2,880
(iii) The place is owned by a private person or entity, 2,882
and, prior to the issuance of the order, the private entity or 2,883
person that owns the place, or the authorized agent of that 2,884
private entity or person, has given express written consent for 2,885
the immobilization to be carried out at that place. 2,886
(iv) The place is a public street or highway on which the 2,888
vehicle is parked in accordance with the law. 2,889
(c) The person or agency designated by the court to 2,891
execute the order, which shall be either the law enforcement 2,892
agency that employs the law enforcement officer who seized the 2,893
68
vehicle, a bailiff of the court, another person the court 2,894
determines to be appropriate to execute the order, or the law 2,895
enforcement agency with jurisdiction over the place of residence 2,896
of the vehicle owner; 2,897
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 2,899
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 2,900
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 2,901
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 2,902
(3) The person or agency the court designates to 2,904
immobilize the vehicle shall seize or retain that vehicle's 2,905
license plates and forward them to the bureau of motor vehicles. 2,906
(4) In all cases, the vehicle owner shall be assessed an 2,909
immobilization fee of one hundred dollars, and the immobilization 2,910
fee shall be paid to the registrar before the vehicle may be 2,911
released to the vehicle, and that neither the registrar nor a 2,912
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 2,913
of the vehicle owner until the immobilization fee is paid owner. 2,914
Neither the registrar nor a deputy registrar shall accept an 2,915
application for the registration of any motor vehicle in the name 2,916
of the vehicle owner until the immobilization fee is paid. 2,917
(5) If the vehicle subject to the order is immobilized 2,920
pursuant to the order and is found being operated upon any street 2,921
or highway in this state during the immobilization period, it 2,922
shall be seized, removed from the street or highway, and 2,923
criminally forfeited and disposed of pursuant to section 4503.234 2,924
of the Revised Code.
the owner's 2,926
(6) The registrar shall deposit the immobilization fee 2,928
into the law enforcement reimbursement fund created by section 2,929
4501.19 of the Revised Code. Money in the fund shall be expended 2,930
only as provided in division (A)(6) of this section. If the 2,931
court designated in the order a court bailiff or another 2,932
appropriate person other than a law enforcement officer to 2,933
69
immobilize the vehicle, the amount of the fee deposited into the 2,934
law enforcement reimbursement fund shall be paid out to the 2,935
county treasury if the court that issued the order is a county 2,936
court, to the treasury of the municipal corporation served by the 2,937
court if the court that issued the order is a mayor's court, or 2,938
to the city treasury of the legislative authority of the court, 2,939
both as defined in section 1901.03 of the Revised Code, if the 2,940
court that issued the order is a municipal court. If the court 2,941
designated a law enforcement agency to immobilize the vehicle and 2,942
if the law enforcement agency immobilizes the vehicle, the amount 2,943
of the fee deposited into the law enforcement reimbursement fund 2,944
shall be paid out to the law enforcement agency to reimburse the 2,945
agency for the costs it incurs in obtaining immobilization 2,946
equipment and, if required, in sending an officer or other person 2,947
to search for and locate the vehicle specified in the 2,948
immobilization order and to immobilize the vehicle. 2,949
In addition to the immobilization fee required to be paid 2,951
under division (A)(4) of this section, the vehicle owner may be 2,953
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 2,954
(B) If a court issues an immobilization order under 2,957
division (A)(2) of this section, the person or agency designated 2,958
by the court to execute the immobilization order promptly shall 2,959
immobilize or continue the immobilization of the vehicle at the 2,960
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the 2,961
issuance of new identification license plates for the vehicle at 2,962
the end of the immobilization period the owner's until the 2,963
immobilization fee has been paid. 2,964
the owner's 2,966
(C) Upon receipt of the license plates for a vehicle under 2,968
this section, the registrar the registrar's shall destroy the 2,969
license plates. At the end of the immobilization period and upon 2,970
the payment of the immobilization fee that must be paid under 2,971
70
this section, the registrar shall authorize the release of the 2,972
vehicle and authorize the issuance, upon the payment of the same 2,973
fee as is required for the replacement of lost, mutilated, or 2,974
destroyed license plates and certificates of registration, of new 2,976
license plates and, if necessary, a new certificate of 2,977
registration to the vehicle owner for the vehicle in question. 2,978
(D)(1) If a court issues an immobilization order under 2,980
division (A) of this section, the immobilization period commences 2,982
on the day on which the vehicle in question is immobilized the 2,983
owner. If the vehicle in question had been seized under section 2,984
4507.38 or 4511.195 of the Revised Code, the time between the 2,985
seizure and the beginning of the immobilization period shall be 2,986
credited against the immobilization period specified in the 2,988
immobilization order issued under division (A) of this section. 2,989
No vehicle that is impounded under this section is eligible to 2,990
have special license plates of the type described in section 2,991
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 2,993
division (A) of this section, if the vehicle subject to the order 2,995
is immobilized under the order, and if the vehicle is found being 2,996
operated upon any street or highway of this state during the 2,997
immobilization period, it shall be seized, removed from the 2,998
street or highway, and criminally forfeited, and disposed of 2,999
pursuant to section 4503.234 of the Revised Code. No vehicle 3,000
that is forfeited under this provision shall be considered 3,001
contraband for purposes of section 2933.41, 2933.42, or 2933.43 3,002
of the Revised Code, but shall be held by the law enforcement 3,003
agency that employs the officer who seized it for disposal in 3,004
accordance with section 4503.234 of the Revised Code. 3,005
(3) If a court issues an immobilization order under 3,007
division (A) of this section, and if the vehicle is not claimed 3,009
within seven days after the end of the period of immobilization 3,010
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 3,012
71
vehicle shall send a written notice to the vehicle owner at the 3,013
vehicle owner's last known address informing the vehicle owner of 3,014
the date on which the period of immobilization ended, that the 3,015
owner the owner's the vehicle owner has twenty days after the 3,016
date of the notice to pay the immobilization fee and obtain the 3,018
release of the vehicle, and that if the owner the owner's the 3,019
vehicle owner does not pay the fee and obtain the release of the 3,020
vehicle within that twenty-day period, the vehicle will be 3,021
forfeited under section 4503.234 of the Revised Code to the 3,022
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 3,024
immobilization order issued under division (A) of this section 3,026
shall not sell the motor vehicle without approval of the court 3,027
that issued the order. If such an owner wishes to sell such a 3,028
the motor vehicle during the immobilization period, the owner 3,029
shall apply to the court that issued the immobilization order for 3,030
permission to assign the title to the vehicle. If the court is 3,032
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 3,033
this section, it may certify its consent to the owner and to the 3,034
registrar. Upon receipt of the court's consent, the registrar 3,035
shall enter the court's notice in the owner's vehicle license 3,036
plate registration record.
If, during a period of immobilization under an 3,038
immobilization order issued under division (A) of this section, 3,040
the title to the immobilized motor vehicle is transferred by the 3,041
foreclosure of a chattel mortgage, a sale upon execution, the 3,042
cancellation of a conditional sales contract, or an order of a 3,043
court, the involved court shall notify the registrar of the 3,044
action, and the registrar shall enter the court's notice in the 3,045
owner's vehicle license plate registration record. 3,046
Nothing in this section shall be construed as requiring the 3,048
registrar or the clerk of the court of common pleas to note upon 3,049
the certificate of title records any prohibition regarding the 3,050
72
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 3,052
immobilization order under division (A) of this section is 3,054
assigned or transferred without court approval between the time 3,055
of arrest of the person who was operating the vehicle at the time 3,056
of the offense for which such an order is to be issued and the 3,057
time of the actual immobilization of the vehicle, the court shall 3,058
order that, for a period of two years from the date of the order, 3,059
neither the registrar nor any deputy registrar shall accept an 3,060
application for the registration of any motor vehicle in the name 3,061
of the owner of the vehicle that was assigned or transferred 3,062
without court approval. The court shall notify the registrar of 3,063
the order on a form prescribed by the registrar for that purpose. 3,064
(E)(1) The court with jurisdiction over the case, after 3,066
notice to all interested parties including lienholders, and after 3,067
an opportunity for them to be heard, if the vehicle owner fails 3,068
to appear in person, without good cause, or if the court finds 3,069
that the vehicle owner does not intend to seek release of the 3,070
vehicle at the end of the period of immobilization or that the 3,071
vehicle owner is not or will not be able to pay the expenses and 3,072
charges incurred in its removal and storage, may order that title 3,073
to the vehicle be transferred, in order of priority, first into 3,074
the name of the entity entitled to the immobilization fee under 3,075
division (A)(6) of this section, next into the name of a 3,076
lienholder, or lastly, into the name of the owner of the place of 3,077
storage. 3,078
A lienholder that receives title under a court order shall 3,081
do so on the condition that it pay any expenses or charges 3,082
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 3,083
to the immobilization fee under division (A)(6) of this section, 3,084
it shall receive title on the condition that it pay any lien on 3,085
the vehicle. The court shall not order that title be transferred 3,086
to any person or entity other than the owner of the place of 3,087
73
storage if the person or entity refuses to receive the title. 3,088
Any person or entity that receives title may either keep title to 3,089
the vehicle or may dispose of the vehicle in any legal manner 3,090
that it considers appropriate, including assignment of the 3,091
certificate of title to the motor vehicle to a salvage dealer or 3,092
a scrap metal processing facility. The person or entity shall 3,093
not transfer the vehicle to the person who is the vehicle's 3,094
immediate previous owner. 3,095
If the person or entity assigns the motor vehicle to a 3,097
salvage dealer or scrap metal processing facility, the person or 3,099
entity shall send the assigned certificate of title to the motor 3,100
vehicle to the clerk of the court of common pleas of the county 3,101
in which the salvage dealer or scrap metal processing facility is 3,102
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 3,103
deliver a photocopy of the certificate of title to the salvage 3,104
dealer or scrap metal processing facility for its records. 3,105
(2) Whenever a court issues an order under division (E)(1) 3,107
of this section, the court also shall order removal of the 3,108
license plates from the vehicle and cause them to be sent to the 3,109
registrar if they have not already been sent to the registrar. 3,110
Thereafter, no further proceedings shall take place under this 3,111
section, but the vehicle owner remains liable for payment of the 3,112
immobilization fee described in division (A)(4) of this section 3,113
if an immobilization order previously had been issued by the 3,114
court.
(3) Prior to initiating a proceeding under division (E)(1) 3,116
of this section, and upon payment of the fee under division (B) 3,117
of section 4505.14 of the Revised Code, any interested party may 3,118
cause a search to be made of the public records of the bureau of 3,119
motor vehicles or the clerk of the court of common pleas, to 3,120
ascertain the identity of any lienholder of the vehicle. The 3,121
initiating party shall furnish this information to the clerk of 3,122
the court with jurisdiction over the case, and the clerk shall 3,124
74
provide notice to the vehicle owner, the defendant, any 3,125
lienholder, and any other interested parties listed by the 3,126
initiating party, at the last known address supplied by the 3,127
initiating party, by certified mail or, at the option of the 3,128
initiating party, by personal service or ordinary mail. 3,129
As used in this section, "interested party" includes the 3,131
vehicle owner, all lienholders, the defendant, the owner of the 3,132
place of storage, the person or entity that caused the vehicle to 3,133
be removed, and the person or entity, if any, entitled to the 3,134
immobilization fee under division (A)(6) of this section. 3,135
Sec. 4503.44. (A) As used in this section and in section 3,144
4511.69 of the Revised Code: 3,145
(1) "Person with a disability that limits or impairs the 3,147
ability to walk" means any person who, as determined by a 3,148
physician or chiropractor, meets any of the following criteria: 3,149
(a) Cannot walk two hundred feet without stopping to rest; 3,151
(b) Cannot walk without the use of, or assistance from, a 3,153
brace, cane, crutch, another person, prosthetic device, 3,154
wheelchair, or other assistive device; 3,155
(c) Is restricted by a lung disease to such an extent that 3,157
the person's forced (respiratory) expiratory volume for one 3,158
second, when measured by spirometry, is less than one liter, or 3,159
the arterial oxygen tension is less than sixty millimeters of 3,160
mercury on room air at rest;
(d) Uses portable oxygen; 3,162
(e) Has a cardiac condition to the extent that the 3,164
person's functional limitations are classified in severity as 3,165
class III or class IV according to standards set by the American 3,166
heart association;
(f) Is severely limited in the ability to walk due to an 3,168
arthritic, neurological, or orthopedic condition; 3,169
(g) Is blind. 3,171
(2) "Organization" means any private organization or 3,173
corporation, or any governmental board, agency, department, 3,174
75
division, or office, that, as part of its business or program, 3,175
transports persons with disabilities that limit or impair the 3,176
ability to walk on a regular basis in a motor vehicle that has 3,178
not been altered for the purpose of providing it with special 3,179
equipment for use by handicapped persons. This definition does
not apply to division (J) of this section. 3,180
(3) "Physician" means a person licensed to practice 3,182
medicine or surgery or osteopathic medicine and surgery under 3,183
Chapter 4731. of the Revised Code. 3,184
(4) "Chiropractor" means a person licensed to practice 3,186
chiropractic under Chapter 4734. of the Revised Code. 3,187
(B) Any organization or person with a disability that 3,189
limits or impairs the ability to walk may apply to the registrar 3,192
of motor vehicles for a removable windshield placard or, if the 3,193
person owns or leases a motor vehicle, the person may apply for 3,194
the registration of any motor vehicle the person owns or leases. 3,195
In addition to one or more sets of license plates or one placard, 3,196
a person with a disability that limits or impairs the ability to 3,197
walk is entitled to one additional placard, but only if the 3,198
person applies separately for the additional placard, states the 3,200
reasons why the additional placard is needed, and the registrar, 3,201
in the registrar's discretion, determines that good and 3,202
justifiable cause exists to approve the request for the 3,203
additional placard. When a motor vehicle has been altered for 3,205
the purpose of providing it with special equipment for a person 3,206
with a disability that limits or impairs the ability to walk, but 3,207
is owned or leased by someone other than such a person, the owner 3,208
or lessee may apply to the registrar or a deputy registrar for 3,209
registration under this section. The application for 3,210
registration of a motor vehicle owned or leased by a person with 3,212
a disability that limits or impairs the ability to walk shall be
accompanied by a signed statement from the applicant's personal 3,214
physician or chiropractor certifying that the applicant meets at 3,215
least one of the criteria contained in division (A)(1) of this 3,217
76
section and that the disability is expected to continue for more 3,218
than six consecutive months. The application for a removable 3,219
windshield placard made by a person with a disability that limits 3,220
or impairs the ability to walk shall be accompanied by a 3,221
prescription from the applicant's personal physician or 3,222
chiropractor prescribing such a placard for the applicant, and by 3,223
a signed statement certifying that the applicant meets at least 3,224
one of the criteria contained in division (A)(1) of this section. 3,225
The physician or chiropractor shall state on the prescription the 3,226
length of time the physician or chiropractor expects the 3,227
applicant to have the disability that limits or impairs the 3,228
applicant's ability to walk. The application for a removable 3,230
windshield placard made by an organization shall be accompanied 3,231
by such documentary evidence of regular transport of persons with 3,232
disabilities that limit or impair the ability to walk by the 3,233
organization as the registrar may require by rule and shall be 3,234
completed in accordance with procedures that the registrar may 3,235
require by rule. The application for registration of a motor 3,236
vehicle that has been altered for the purpose of providing it 3,237
with special equipment for a person with a disability that limits 3,238
or impairs the ability to walk but is owned by someone other than 3,240
such a person shall be accompanied by such documentary evidence 3,241
of vehicle alterations as the registrar may require by rule. 3,242
(C) When an organization, a person with a disability that 3,245
limits or impairs the ability to walk, or a person who does not 3,246
have a disability that limits or impairs the ability to walk but
owns a motor vehicle that has been altered for the purpose of 3,248
providing it with special equipment for a person with a 3,249
disability that limits or impairs the ability to walk first 3,250
submits an application for registration of a motor vehicle under 3,251
this section and every FIFTH year thereafter, the organization or 3,252
person shall submit a signed statement from the applicant's 3,253
personal physician or chiropractor, a completed application, and 3,254
any required documentary evidence of vehicle alterations as 3,255
77
provided in division (B) of this section, and also a power of 3,256
attorney from the owner of the motor vehicle if the applicant 3,257
leases the vehicle. Upon submission of these items, the 3,259
registrar or deputy registrar shall issue to the applicant
appropriate vehicle registration and a set of license plates and 3,260
validation stickers, or validation stickers alone when required 3,261
by section 4503.191 of the Revised Code. In addition to the 3,262
letters and numbers ordinarily inscribed thereon, the license 3,263
plates shall be imprinted with the international symbol of 3,264
access. The license plates and validation stickers shall be 3,265
issued upon payment of the regular license fee as prescribed 3,266
under section 4503.04 of the Revised Code and any motor vehicle 3,267
tax levied under Chapter 4504. of the Revised Code, and the 3,268
payment of a service fee equal to the amount specified in 3,269
division (D) or (G) of section 4503.10 of the Revised Code. 3,270
(D)(1) Upon receipt of a completed and signed application 3,273
for a removable windshield placard, a prescription as described 3,275
in division (B) of this section, documentary evidence of regular 3,277
transport of persons with disabilities that limit or impair the 3,278
ability to walk, if required, and payment of a service fee equal 3,280
to the amount specified in division (D) or (G) of section 4503.10 3,281
of the Revised Code, the registrar or deputy registrar shall 3,283
issue to the applicant a removable windshield placard, which 3,284
shall bear the date of expiration on both sides of the placard 3,285
and shall be valid until expired, revoked, or surrendered. Every 3,288
removable windshield placard expires as described in division 3,289
(D)(2) of this section, but in no case shall a removable 3,290
windshield placard be valid for a period of less than sixty days. 3,291
Removable windshield placards shall be renewable upon application 3,292
as provided in division (B) of this section, and a service fee 3,293
equal to the amount specified in division (D) or (G) of section 3,294
4503.10 of the Revised Code shall be charged for the renewal of a 3,295
removable windshield placard. The registrar shall provide the 3,296
application form and shall determine the information to be 3,297
78
included thereon. The registrar also shall determine the form 3,298
and size of the removable windshield placard, the material of 3,299
which it is to be made, and any other information to be included 3,300
thereon, and shall adopt rules relating to the issuance, 3,301
expiration, revocation, surrender, and proper display of such 3,302
placards. Any placard issued after the effective date of this 3,303
amendment OCTOBER 14, 1999, shall be manufactured in a manner 3,304
that allows the expiration date of the placard to be indicated on 3,306
it through the punching, drilling, boring, or creation by any 3,307
other means of holes in the placard. 3,308
(2) At the time a removable windshield placard is issued 3,311
to a person with a disability that limits or impairs the ability 3,312
to walk, the registrar or deputy registrar shall enter into the 3,313
records of the bureau of motor vehicles the last date on which 3,314
the person will have that disability, as indicated on the 3,315
accompanying prescription. Not less than thirty days prior to 3,316
that date and all removable windshield placard renewal dates, the
bureau shall send a renewal notice to that person at the person's 3,318
last known address as shown in the records of the bureau, 3,319
informing the person that the person's removable windshield 3,320
placard will expire on the indicated date not to exceed five 3,321
years from the date of issuance, and that the person is required 3,322
to renew the placard by submitting to the registrar or a deputy 3,323
registrar another prescription, as described in division (B) of 3,325
this section, and by complying with the renewal provisions 3,326
prescribed in division (D)(1) of this section. If such a 3,328
prescription is not received by the registrar or a deputy
registrar by that date, the placard issued to that person expires 3,330
and no longer is valid, and this fact shall be recorded in the 3,331
records of the bureau.
(3) At least once every year, on a date determined by the 3,334
registrar, the bureau shall examine the records of the office of 3,335
vital statistics, located within the department of health, that 3,336
pertain to deceased persons, and also the bureau's records of all 3,337
79
persons who have been issued removable windshield placards and 3,338
temporary removable windshield placards. If the records of the 3,339
office of vital statistics indicate that a person to whom a 3,340
removable windshield placard or temporary removable windshield 3,341
placard has been issued is deceased, the bureau shall cancel that 3,342
placard, and note the cancellation in its records. 3,343
The office of vital statistics shall make available to the 3,346
bureau all information necessary to enable the bureau to comply 3,347
with division (D)(3) of this section.
(4) Nothing in this section shall be construed to require 3,349
a person or organization to apply for a removable windshield 3,350
placard or special license plates if the parking card or special 3,351
license plates issued to the person or organization under prior 3,352
law have not expired or been surrendered or revoked.
(E) Any person with a disability that limits or impairs 3,354
the ability to walk may apply to the registrar or a deputy 3,356
registrar for a temporary removable windshield placard. The 3,357
application for a temporary removable windshield placard shall be 3,358
accompanied by a prescription from the applicant's personal 3,359
physician or chiropractor prescribing such a placard for the 3,360
applicant, and by a signed statement certifying that the 3,361
applicant meets at least one of the criteria contained in 3,362
division (A)(1) of this section and that the disability is 3,363
expected to continue for six consecutive months or less. The 3,365
physician or chiropractor shall state on the prescription the
length of time the physician or chiropractor expects the 3,366
applicant to have the disability that limits or impairs the 3,367
applicant's ability to walk, which cannot exceed six months from 3,368
the date of the prescription. Upon receipt of an application for 3,370
a temporary removable windshield placard, presentation of the 3,371
prescription and the signed statement from the applicant's 3,372
personal physician or chiropractor, and payment of a service fee 3,373
equal to the amount specified in division (D) or (G) of section 3,375
4503.10 of the Revised Code, the registrar or deputy registrar 3,376
80
shall issue to the applicant a temporary removable windshield 3,377
placard. The temporary removable windshield placard shall be of 3,378
the same size and form as the removable windshield placard, shall
be printed in white on a red-colored background, and shall bear 3,380
the word "temporary" in letters of such size as the registrar 3,381
shall prescribe. A temporary removable windshield placard also 3,382
shall bear the date of expiration on the front and back of the 3,383
placard, and shall be valid until expired, surrendered, or 3,384
revoked, but in no case shall such a placard be valid for a 3,385
period of less than sixty days. The registrar shall provide the 3,386
application form and shall determine the information to be 3,387
included on it. The registrar also shall determine the material 3,388
of which the temporary removable windshield placard is to be made 3,389
and any other information to be included on the placard and shall 3,390
adopt rules relating to the issuance, expiration, surrender, 3,391
revocation, and proper display of those placards. Any temporary 3,393
removable windshield placard issued after the effective date of 3,394
this amendment OCTOBER 14, 1999, shall be manufactured in a 3,395
manner that allows for the expiration date of the placard to be 3,396
indicated on it through the punching, drilling, boring, or 3,397
creation by any other means of holes in the placard. 3,398
(F) If an applicant for a removable windshield placard is 3,400
a veteran of the armed forces of the United States whose 3,401
disability, as defined in division (A)(1) of this section, is 3,402
service-connected, the registrar or deputy registrar, upon 3,403
receipt of the application, presentation of a signed statement 3,404
from the applicant's personal physician or chiropractor 3,406
certifying the applicant's disability, and presentation of such 3,408
documentary evidence from the department of veterans affairs that
the disability of the applicant meets at least one of the 3,409
criteria identified in division (A)(1) of this section and is 3,411
service-connected as the registrar may require by rule, but 3,413
without the payment of any service fee, shall issue the applicant 3,414
a removable windshield placard that is valid until expired, 3,416
81
surrendered, or revoked. 3,417
Upon a conviction of a violation of division (H), (I), or 3,419
(J) of this section, the court shall report the conviction, and 3,420
send the placard or parking card, if available, to the registrar, 3,422
who thereupon shall revoke the privilege of using the placard or 3,423
parking card and send notice in writing to the placardholder or 3,424
cardholder at that holder's last known address as shown in the 3,425
records of the bureau, and the placardholder or cardholder shall 3,426
return the placard or card if not previously surrendered to the 3,427
court, to the registrar within ten days following mailing of the 3,428
notice.
Whenever a person to whom a removable windshield placard or 3,430
parking card has been issued moves to another state, the person 3,431
shall surrender the placard or card to the registrar; and 3,432
whenever an organization to which a placard or card has been 3,433
issued changes its place of operation to another state, the 3,434
organization shall surrender the placard or card to the 3,435
registrar.
(G) Subject to division (F) of section 4511.69 of the 3,438
Revised Code, the operator of a motor vehicle displaying a 3,439
removable windshield placard, temporary removable windshield
placard, parking card, or the special license plates authorized 3,441
by this section is entitled to park the motor vehicle in any 3,443
special parking location reserved for persons with disabilities
that limit or impair the ability to walk, also known as 3,444
handicapped parking spaces or disability parking spaces. 3,445
(H) No person or organization that is not eligible under 3,447
division (B) or (E) of this section shall willfully and falsely 3,448
represent that the person or organization is so eligible. 3,450
No person or organization shall display license plates 3,452
issued under this section unless the license plates have been 3,453
issued for the vehicle on which they are displayed and are valid. 3,454
(I) No person or organization to which a removable 3,456
windshield placard or temporary removable windshield placard is 3,457
82
issued shall do either of the following: 3,458
(1) Display or permit the display of the placard on any 3,461
motor vehicle when having reasonable cause to believe the motor 3,462
vehicle is being used in connection with an activity that does 3,463
not include providing transportation for persons with
disabilities that limit or impair the ability to walk; 3,464
(2) Refuse to return or surrender the placard, when 3,466
required.
(J)(1) No person or organization to which a parking card 3,468
is issued shall do either of the following: 3,469
(a) Display or permit the display of the parking card on 3,471
any motor vehicle when having reasonable cause to believe the 3,472
motor vehicle is being used in connection with an activity that 3,473
does not include providing transportation for a handicapped 3,474
person;
(b) Refuse to return or surrender the parking card, when 3,476
required.
(2) As used in division (J) of this section: 3,478
(a) "Handicapped person" means any person who has lost the 3,480
use of one or both legs or one or both arms, who is blind, deaf, 3,481
or so severely handicapped as to be unable to move about without 3,482
the aid of crutches or a wheelchair, or whose mobility is 3,483
restricted by a permanent cardiovascular, pulmonary, or other
handicapping condition. 3,484
(b) "Organization" means any private organization or 3,486
corporation, or any governmental board, agency, department, 3,487
division, or office, that, as part of its business or program, 3,488
transports handicapped persons on a regular basis in a motor 3,489
vehicle that has not been altered for the purposes of providing
it with special equipment for use by handicapped persons. 3,490
(K) If a removable windshield placard, temporary removable 3,492
windshield placard, or parking card is lost, destroyed, or 3,493
mutilated, the placardholder or cardholder may obtain a duplicate 3,495
by doing both of the following:
83
(1) Furnishing suitable proof of the loss, destruction, or 3,497
mutilation to the registrar; 3,498
(2) Paying a service fee equal to the amount specified in 3,502
division (D) or (G) of section 4503.10 of the Revised Code. 3,503
Any placardholder or cardholder who loses a placard or card 3,506
and, after obtaining a duplicate, finds the original, immediately 3,507
shall surrender the original placard or card to the registrar. 3,509
(L) The registrar shall pay all fees received under this 3,511
section for the issuance of removable windshield placards or 3,512
temporary removable windshield placards or duplicate removable 3,513
windshield placards or cards into the state treasury to the 3,514
credit of the state bureau of motor vehicles fund created in 3,515
section 4501.25 of the Revised Code.
(M) For purposes of enforcing this section, every peace 3,517
officer is deemed to be an agent of the registrar. Any peace 3,518
officer or any authorized employee of the bureau of motor 3,519
vehicles who, in the performance of duties authorized by law, 3,520
becomes aware of a person whose placard or parking card has been 3,521
revoked pursuant to this section, may confiscate that placard or
parking card and return it to the registrar. The registrar shall 3,522
prescribe any forms used by law enforcement agencies in 3,523
administering this section.
No peace officer, law enforcement agency employing a peace 3,525
officer, or political subdivision or governmental agency 3,526
employing a peace officer, and no employee of the bureau is 3,527
liable in a civil action for damages or loss to persons arising 3,529
out of the performance of any duty required or authorized by this 3,530
section. As used in this division, "peace officer" has the same
meaning as in division (B) of section 2935.01 of the Revised 3,531
Code.
(N) All applications for registration of motor vehicles, 3,534
removable windshield placards, and temporary removable windshield 3,535
placards issued under this section, all renewal notices for such 3,536
items, and all other publications issued by the bureau that 3,538
84
relate to this section shall set forth the criminal penalties 3,539
that may be imposed upon a person who violates any provision 3,540
relating to special license plates issued under this section, the 3,541
parking of vehicles displaying such license plates, and the 3,542
issuance, procurement, use, and display of removable windshield 3,543
placards and temporary removable windshield placards issued under 3,544
this section.
Sec. 4507.164. (A) Except as provided in divisions (C) to 3,553
(E) of this section, when the license of any person is suspended 3,554
or revoked pursuant to any provision of the Revised Code other 3,555
than division (B) of section 4507.16 of the Revised Code, the 3,557
trial judge may impound the identification license plates of any
motor vehicle registered in the name of the person. 3,558
(B)(1) When the license of any person is suspended or 3,560
revoked pursuant to division (B)(1) of section 4507.16 of the 3,561
Revised Code, the trial judge of the court of record or the mayor 3,562
of the mayor's court that suspended or revoked the license may 3,563
impound the identification license plates of any motor vehicle 3,564
registered in the name of the person. 3,565
(2) When the license of any person is suspended or revoked 3,567
pursuant to division (B)(2) or (3) of section 4507.16 of the 3,569
Revised Code, the trial judge of the court of record that 3,570
suspended or revoked the license shall order the impoundment of 3,571
the identification license plates of the motor vehicle the 3,572
offender was operating at the time of the offense and the 3,573
immobilization of that vehicle in accordance with section 3,574
4503.233 and division (A)(2) or, (3), (6), OR (7) of section 3,577
4511.99 or division (B)(2)(a) or (b) of section 4511.193 of the 3,578
Revised Code and may impound the identification license plates of 3,579
any other motor vehicle registered in the name of the person 3,580
whose license is suspended or revoked. 3,581
(3) When the license of any person is suspended or revoked 3,583
pursuant to division (B)(4) of section 4507.16 of the Revised 3,585
Code, the trial judge of the court of record that suspended or 3,586
85
revoked the license shall order the criminal forfeiture to the 3,587
state of the motor vehicle the offender was operating at the time 3,588
of the offense in accordance with section 4503.234 and division 3,589
(A)(4) OR (8) of section 4511.99 or division (B)(2)(c) of section 3,591
4511.193 of the Revised Code and may impound the identification 3,592
license plates of any other motor vehicle registered in the name 3,593
of the person whose license is suspended or revoked. 3,594
(C)(1) When a person is convicted of or pleads guilty to a 3,596
violation of division (D)(2) of section 4507.02 of the Revised 3,597
Code or a substantially equivalent municipal ordinance and 3,598
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 3,599
(2) of section 4507.36 of the Revised Code applies, the trial 3,600
judge of the court of record or the mayor of the mayor's court 3,601
that imposes sentence shall order the immobilization of the 3,602
vehicle the person was operating at the time of the offense and 3,603
the impoundment of its identification license plates in 3,604
accordance with section 4503.233 and division (B)(1) or (2) of 3,605
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 3,606
the Revised Code and may impound the identification license 3,607
plates of any other vehicle registered in the name of that 3,608
person. 3,609
(2) When a person is convicted of or pleads guilty to a 3,611
violation of division (D)(2) of section 4507.02 of the Revised 3,612
Code or a substantially equivalent municipal ordinance and 3,613
division (B)(3) of section 4507.99 or division (C)(3) of section 3,614
4507.361 of the Revised Code applies, the trial judge of the 3,615
court of record that imposes sentence shall order the criminal 3,616
forfeiture to the state of the vehicle the person was operating 3,617
at the time of the offense in accordance with section 4503.234 3,618
and division (B)(3) of section 4507.99 or division (C)(3) of 3,619
section 4507.361 of the Revised Code and may impound the 3,620
identification license plates of any other vehicle registered in 3,621
the name of that person. 3,622
(D)(1) When a person is convicted of or pleads guilty to a 3,624
86
violation of division (B)(1) of section 4507.02 of the Revised 3,625
Code or a substantially equivalent municipal ordinance and 3,626
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 3,627
(2) of section 4507.361 of the Revised Code applies, the trial 3,628
judge of the court of record or the mayor of the mayor's court 3,629
that imposes sentence shall order the immobilization of the 3,630
vehicle the person was operating at the time of the offense and 3,631
the impoundment of its identification license plates in 3,632
accordance with section 4503.233 and division (C)(1) or (2) of 3,633
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 3,634
the Revised Code and may impound the identification license 3,635
plates of any other vehicle registered in the name of that 3,636
person. 3,637
(2) When a person is convicted of or pleads guilty to a 3,639
violation of division (B)(1) of section 4507.02 of the Revised 3,640
Code or a substantially equivalent municipal ordinance and 3,641
division (C)(3) of section 4507.99 or division (B)(3) of section 3,642
4507.361 of the Revised Code applies, the trial judge of the 3,643
court of RECORD that imposes sentence shall order the criminal 3,644
forfeiture to the state of the vehicle the person was operating 3,645
at the time of the offense in accordance with section 4503.234 3,646
and division (C)(3) of section 4507.99 or division (B)(3) of 3,647
section 4507.361 of the Revised Code and may impound the 3,648
identification license plates of any other vehicle registered in 3,649
the name of that person. 3,650
(E)(1) When a person is convicted of or pleads guilty to a 3,652
violation of section 4507.33 of the Revised Code and the person 3,653
is sentenced pursuant to division (E)(1) of section 4507.99 of 3,654
the Revised Code, the trial judge of the court of record or the 3,655
mayor of the mayor's court that imposes sentence shall order the 3,656
immobilization of the vehicle that was involved in the commission 3,657
of the offense and the impoundment of its identification license 3,658
plates in accordance with division (E)(1) of section 4507.99 and 3,659
section 4503.233 of the Revised Code and may impound the 3,660
87
identification license plates of any other vehicle registered in 3,661
the name of that person. 3,662
(2) When a person is convicted of or pleads guilty to a 3,664
violation of section 4507.33 of the Revised Code and the person 3,665
is sentenced pursuant to division (E)(2) of section 4507.99 of 3,666
the Revised Code, the trial judge of the court of record or the 3,667
mayor of the mayor's court that imposes sentence shall order the 3,668
criminal forfeiture to the state of the vehicle that was involved 3,669
in the commission of the offense in accordance with division 3,670
(E)(2) of section 4507.99 and section 4503.234 of the Revised 3,671
Code and may impound the identification license plates of any 3,672
other vehicle registered in the name of that person. 3,673
(F) Except as provided in section 4503.233 or 4503.234 of 3,675
the Revised Code, when the certificate of registration, the 3,676
identification license plates, or both have been impounded, 3,677
division (F) of section 4507.02 of the Revised Code is 3,678
applicable. 3,679
Sec. 4511.19. (A) No person shall operate any vehicle, 3,688
streetcar, or trackless trolley within this state, if any of the 3,689
following apply: 3,690
(1) The person is under the influence of alcohol, a drug 3,692
of abuse, or alcohol and a drug of abuse; 3,693
(2) The person has a concentration of ten-hundredths of 3,695
one per cent or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE 3,697
PER CENT by weight of alcohol in his THE PERSON'S blood; 3,699
(3) The person has a concentration of ten-hundredths of 3,701
one gram or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE GRAM 3,702
by weight of alcohol per two hundred ten liters of his THE 3,704
PERSON'S breath;
(4) The person has a concentration of fourteen-hundredths 3,706
of one gram or more BUT LESS THAN TWO HUNDRED 3,708
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM by weight of alcohol per one 3,709
hundred milliliters of his THE PERSON'S urine; 3,710
(5) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 3,713
88
OF ONE PER CENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S 3,714
BLOOD;
(6) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 3,717
OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL PER TWO HUNDRED TEN 3,718
LITERS OF THE PERSON'S BREATH;
(7) THE PERSON HAS A CONCENTRATION OF TWO HUNDRED 3,720
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL 3,721
PER ONE HUNDRED MILLILITERS OF THE PERSON'S URINE. 3,722
(B) No person under twenty-one years of age shall operate 3,724
any vehicle, streetcar, or trackless trolley within this state, 3,725
if any of the following apply: 3,726
(1) The person has a concentration of at least 3,728
two-hundredths of one per cent but less than ten-hundredths of 3,729
one per cent by weight of alcohol in his THE PERSON'S blood; 3,730
(2) The person has a concentration of at least 3,732
two-hundredths of one gram but less than ten-hundredths of one 3,733
gram by weight of alcohol per two hundred ten liters of his THE 3,734
PERSON'S breath; 3,735
(3) The person has a concentration of at least 3,737
twenty-eight one-thousandths of one gram but less than 3,738
fourteen-hundredths of one gram by weight of alcohol per one 3,739
hundred milliliters of his THE PERSON'S urine. 3,740
(C) In any proceeding arising out of one incident, a 3,742
person may be charged with a violation of division (A)(1) and a 3,743
violation of division (B)(1), (2), or (3) of this section, but he 3,744
THE PERSON may not be convicted of more than one violation of 3,746
these divisions. 3,747
(D)(1) In any criminal prosecution or juvenile court 3,749
proceeding for a violation of this section, of a municipal 3,750
ordinance relating to operating a vehicle while under the 3,751
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,752
abuse, or of a municipal ordinance relating to operating a 3,753
vehicle with a prohibited concentration of alcohol in the blood, 3,754
breath, or urine, the court may admit evidence on the 3,755
89
concentration of alcohol, drugs of abuse, or alcohol and drugs of 3,756
abuse in the defendant's blood, breath, urine, or other bodily 3,757
substance at the time of the alleged violation as shown by 3,758
chemical analysis of the defendant's blood, urine, breath, or 3,759
other bodily substance withdrawn within two hours of the time of 3,760
the alleged violation. 3,761
When a person submits to a blood test at the request of a 3,763
police officer under section 4511.191 of the Revised Code, only a 3,764
physician, a registered nurse, or a qualified technician or 3,765
chemist shall withdraw blood for the purpose of determining its 3,766
alcohol, drug, or alcohol and drug content. This limitation does 3,767
not apply to the taking of breath or urine specimens. A 3,768
physician, a registered nurse, or a qualified technician or 3,769
chemist may refuse to withdraw blood for the purpose of 3,770
determining the alcohol, drug, or alcohol and drug content of the 3,771
blood, if in his THE opinion OF THE PHYSICIAN, NURSE, TECHNICIAN, 3,773
OR CHEMIST the physical welfare of the person would be endangered 3,774
by the withdrawing of blood.
Such bodily substance shall be analyzed in accordance with 3,776
methods approved by the director of health by an individual 3,777
possessing a valid permit issued by the director of health 3,778
pursuant to section 3701.143 of the Revised Code. 3,779
(2) In a criminal prosecution or juvenile court proceeding 3,781
for a violation of division (A) of this section, of a municipal 3,782
ordinance relating to operating a vehicle while under the 3,783
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,784
abuse, or of a municipal ordinance substantially equivalent to 3,785
division (A) of this section relating to operating a vehicle with 3,786
a prohibited concentration of alcohol in the blood, breath, or 3,787
urine, if there was at the time the bodily substance was 3,788
withdrawn a concentration of less than ten-hundredths of one per 3,789
cent by weight of alcohol in the defendant's blood, less than 3,790
ten-hundredths of one gram by weight of alcohol per two hundred 3,791
ten liters of his THE DEFENDANT'S breath, or less than 3,792
90
fourteen-hundredths of one gram by weight of alcohol per one 3,794
hundred milliliters of his THE DEFENDANT'S urine, such fact may 3,796
be considered with other competent evidence in determining the 3,797
guilt or innocence of the defendant. This division does not 3,798
limit or affect a criminal prosecution or juvenile court 3,799
proceeding for a violation of division (B) of this section or of 3,800
a municipal ordinance substantially equivalent to division (B) of 3,801
this section relating to operating a vehicle with a prohibited 3,802
concentration of alcohol in the blood, breath, or urine. 3,803
(3) Upon the request of the person who was tested, the 3,805
results of the chemical test shall be made available to him, his 3,806
THE PERSON OR THE PERSON'S attorney, or his agent, immediately 3,808
upon the completion of the chemical test analysis. 3,809
The person tested may have a physician, a registered nurse, 3,811
or a qualified technician or chemist of his THE PERSON'S own 3,812
choosing administer a chemical test or tests in addition to any 3,814
administered at the request of a police officer, and shall be so 3,815
advised. The failure or inability to obtain an additional 3,816
chemical test by a person shall not preclude the admission of 3,817
evidence relating to the chemical test or tests taken at the 3,818
request of a police officer. 3,819
(4) Any physician, registered nurse, or qualified 3,821
technician or chemist who withdraws blood from a person pursuant 3,822
to this section, and any hospital, first-aid station, or clinic 3,823
at which blood is withdrawn from a person pursuant to this 3,824
section, is immune from criminal liability, and from civil 3,825
liability that is based upon a claim of assault and battery or 3,826
based upon any other claim that is not in the nature of a claim 3,827
of malpractice, for any act performed in withdrawing blood from 3,828
the person. 3,829
Sec. 4511.191. (A) Any person who operates a vehicle upon 3,838
a highway or any public or private property used by the public 3,839
for vehicular travel or parking within this state shall be deemed 3,840
to have given consent to a chemical test or tests of the person's 3,842
91
blood, breath, or urine for the purpose of determining the 3,843
alcohol, drug, or alcohol and drug content of the person's blood, 3,844
breath, or urine if arrested for operating a vehicle while under 3,846
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,847
of abuse or for operating a vehicle with a prohibited 3,848
concentration of alcohol in the blood, breath, or urine. The 3,849
chemical test or tests shall be administered at the request of a 3,850
police officer having reasonable grounds to believe the person to 3,851
have been operating a vehicle upon a highway or any public or 3,852
private property used by the public for vehicular travel or 3,853
parking in this state while under the influence of alcohol, a 3,854
drug of abuse, or alcohol and a drug of abuse or with a 3,855
prohibited concentration of alcohol in the blood, breath, or 3,856
urine. The law enforcement agency by which the officer is 3,857
employed shall designate which of the tests shall be
administered. 3,858
(B) Any person who is dead or unconscious, or who is 3,860
otherwise in a condition rendering the person incapable of 3,861
refusal, shall be deemed not to have withdrawn consent as 3,863
provided by division (A) of this section and the test or tests 3,864
may be administered, subject to sections 313.12 to 313.16 of the 3,865
Revised Code. 3,866
(C)(1) Any person under arrest for operating a vehicle 3,868
while under the influence of alcohol, a drug of abuse, or alcohol 3,869
and a drug of abuse or for operating a vehicle with a prohibited 3,870
concentration of alcohol in the blood, breath, or urine shall be 3,871
advised at a police station, or at a hospital, first-aid station, 3,872
or clinic to which the person has been taken for first-aid or 3,873
medical treatment, of both of the following: 3,874
(a) The consequences, as specified in division (E) of this 3,876
section, of the person's refusal to submit upon request to a 3,877
chemical test designated by the law enforcement agency as 3,879
provided in division (A) of this section; 3,880
(b) The consequences, as specified in division (F) of this 3,882
92
section, of the person's submission to the designated chemical 3,884
test if the person is found to have a prohibited concentration of 3,885
alcohol in the blood, breath, or urine. 3,886
(2)(a) The advice given pursuant to division (C)(1) of 3,888
this section shall be in a written form containing the 3,889
information described in division (C)(2)(b) of this section and 3,890
shall be read to the person. The form shall contain a statement 3,891
that the form was shown to the person under arrest and read to 3,892
the person in the presence of the arresting officer and either 3,894
another police officer, a civilian police employee, or an 3,895
employee of a hospital, first-aid station, or clinic, if any, to 3,896
which the person has been taken for first-aid or medical 3,897
treatment. The witnesses shall certify to this fact by signing 3,898
the form.
(b) The form required by division (C)(2)(a) of this 3,900
section shall read as follows: 3,901
"You now are under arrest for operating a vehicle while 3,903
under the influence of alcohol, a drug of abuse, or both alcohol 3,904
and a drug of abuse and will be requested by a police officer to 3,905
submit to a chemical test to determine the concentration of 3,906
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 3,907
blood, breath, or urine. 3,908
If you refuse to submit to the requested test or if you 3,910
submit to the requested test and are found to have a prohibited 3,911
concentration of alcohol in your blood, breath, or urine, your 3,912
driver's or commercial driver's license or permit or nonresident 3,913
operating privilege immediately will be suspended for the period 3,914
of time specified by law by the officer, on behalf of the 3,915
registrar of motor vehicles. You may appeal this suspension at 3,916
your initial appearance before the court that hears the charges 3,917
against you resulting from the arrest, and your initial 3,918
appearance will be conducted no later than five days after the 3,919
arrest. This suspension is independent of the penalties for the 3,920
offense, and you may be subject to other penalties upon 3,921
93
conviction." 3,922
(D)(1) If a person under arrest as described in division 3,924
(C)(1) of this section is not asked by a police officer to submit 3,925
to a chemical test designated as provided in division (A) of this 3,926
section, the arresting officer shall seize the Ohio or 3,927
out-of-state driver's or commercial driver's license or permit of 3,928
the person and immediately forward the seized license or permit 3,929
to the court in which the arrested person is to appear on the 3,930
charge for which the person was arrested. If the arrested person 3,931
does not have the person's driver's or commercial driver's 3,932
license or permit on the person's self or in the person's 3,933
vehicle, the arresting officer shall order the arrested person to 3,935
surrender it to the law enforcement agency that employs the 3,937
officer within twenty-four hours after the arrest, and, upon the 3,938
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 3,940
person is to appear on the charge for which the person was 3,941
arrested. Upon receipt of the license or permit, the court shall 3,943
retain it pending the initial appearance of the arrested person 3,944
and any action taken under section 4511.196 of the Revised Code. 3,945
If a person under arrest as described in division (C)(1) of 3,947
this section is asked by a police officer to submit to a chemical 3,948
test designated as provided in division (A) of this section and 3,949
is advised of the consequences of the person's refusal or 3,950
submission as provided in division (C) of this section and if the 3,951
person either refuses to submit to the designated chemical test 3,952
or the person submits to the designated chemical test and the 3,953
test results indicate that the person's blood contained a 3,954
concentration of ten-hundredths of one per cent or more by weight 3,955
of alcohol, the person's breath contained a concentration of 3,956
ten-hundredths of one gram or more by weight of alcohol per two 3,957
hundred ten liters of the person's breath, or the person's urine 3,958
contained a concentration of fourteen-hundredths of one gram or 3,960
more by weight of alcohol per one hundred milliliters of the 3,961
94
person's urine at the time of the alleged offense, the arresting 3,963
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 3,965
suspension upon the person that advises the person that, 3,966
independent of any penalties or sanctions imposed upon the person 3,968
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 3,970
license or permit or nonresident operating privilege is 3,971
suspended, that the suspension takes effect immediately, that the 3,972
suspension will last at least until the person's initial 3,973
appearance on the charge that will be held within five days after 3,975
the date of the person's arrest or the issuance of a citation to 3,977
the person, and that the person may appeal the suspension at the 3,979
initial appearance; seize the Ohio or out-of-state driver's or 3,980
commercial driver's license or permit of the person; and 3,981
immediately forward the seized license or permit to the 3,982
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 3,983
self or in the person's vehicle, the arresting officer shall 3,985
order the person to surrender it to the law enforcement agency 3,986
that employs the officer within twenty-four hours after the 3,987
service of the notice of suspension, and, upon the surrender, the 3,988
officer's employing agency immediately shall forward the license 3,989
or permit to the registrar. 3,990
(b) Verify the current residence of the person and, if it 3,992
differs from that on the person's driver's or commercial driver's 3,993
license or permit, notify the registrar of the change; 3,994
(c) In addition to forwarding the arrested person's 3,996
driver's or commercial driver's license or permit to the 3,997
registrar, send to the registrar, within forty-eight hours after 3,998
the arrest of the person, a sworn report that includes all of the 3,999
following statements: 4,000
(i) That the officer had reasonable grounds to believe 4,002
that, at the time of the arrest, the arrested person was 4,003
95
operating a vehicle upon a highway or public or private property 4,004
used by the public for vehicular travel or parking within this 4,005
state while under the influence of alcohol, a drug of abuse, or 4,006
alcohol and a drug of abuse or with a prohibited concentration of 4,007
alcohol in the blood, breath, or urine; 4,008
(ii) That the person was arrested and charged with 4,010
operating a vehicle while under the influence of alcohol, a drug 4,011
of abuse, or alcohol and a drug of abuse or with operating a 4,012
vehicle with a prohibited concentration of alcohol in the blood, 4,013
breath, or urine; 4,014
(iii) That the officer asked the person to take the 4,016
designated chemical test, advised the person of the consequences 4,017
of submitting to the chemical test or refusing to take the 4,018
chemical test, and gave the person the form described in division 4,019
(C)(2) of this section; 4,020
(iv) That the person refused to submit to the chemical 4,022
test or that the person submitted to the chemical test and the 4,023
test results indicate that the person's blood contained a 4,024
concentration of ten-hundredths of one per cent or more by weight 4,026
of alcohol, the person's breath contained a concentration of 4,027
ten-hundredths of one gram or more by weight of alcohol per two 4,028
hundred ten liters of the person's breath, or the person's urine 4,029
contained a concentration of fourteen-hundredths of one gram or 4,031
more by weight of alcohol per one hundred milliliters of the 4,032
person's urine at the time of the alleged offense; 4,034
(v) That the officer served a notice of suspension upon 4,036
the person as described in division (D)(1)(a) of this section. 4,037
(2) The sworn report of an arresting officer completed 4,039
under division (D)(1)(c) of this section shall be given by the 4,040
officer to the arrested person at the time of the arrest or sent 4,041
to the person by regular first class mail by the registrar as 4,042
soon thereafter as possible, but no later than fourteen days 4,043
after receipt of the report. An arresting officer may give an 4,044
unsworn report to the arrested person at the time of the arrest 4,045
96
provided the report is complete when given to the arrested person 4,046
and subsequently is sworn to by the arresting officer. As soon 4,047
as possible, but no later than forty-eight hours after the arrest 4,048
of the person, the arresting officer shall send a copy of the 4,049
sworn report to the court in which the arrested person is to 4,050
appear on the charge for which the person was arrested. 4,051
(3) The sworn report of an arresting officer completed and 4,053
sent to the registrar and the court under divisions (D)(1)(c) and 4,054
(D)(2) of this section is prima-facie proof of the information 4,055
and statements that it contains and shall be admitted and 4,056
considered as prima-facie proof of the information and statements 4,057
that it contains in any appeal under division (H) of this section 4,058
relative to any suspension of a person's driver's or commercial 4,059
driver's license or permit or nonresident operating privilege 4,060
that results from the arrest covered by the report. 4,061
(E)(1) Upon receipt of the sworn report of an arresting 4,063
officer completed and sent to the registrar and a court pursuant 4,064
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 4,065
person who refused to take the designated chemical test, the 4,066
registrar shall enter into the registrar's records the fact that 4,068
the person's driver's or commercial driver's license or permit or 4,069
nonresident operating privilege was suspended by the arresting 4,070
officer under division (D)(1)(a) of this section and the period 4,071
of the suspension, as determined under divisions (E)(1)(a) to (d) 4,072
of this section. The suspension shall be subject to appeal as 4,073
provided in this section and shall be for whichever of the 4,074
following periods applies: 4,075
(a) If the arrested person, within five years of the date 4,077
on which the person refused the request to consent to the 4,078
chemical test, had not refused a previous request to consent to a 4,080
chemical test of the person's blood, breath, or urine to 4,081
determine its alcohol content, the period of suspension shall be 4,083
one year. If the person is a resident without a license or 4,084
permit to operate a vehicle within this state, the registrar 4,085
97
shall deny to the person the issuance of a driver's or commercial 4,086
driver's license or permit for a period of one year after the 4,087
date of the alleged violation.
(b) If the arrested person, within five years of the date 4,089
on which the person refused the request to consent to the 4,090
chemical test, had refused one previous request to consent to a 4,092
chemical test of the person's blood, breath, or urine to 4,093
determine its alcohol content, the period of suspension or denial 4,095
shall be two years.
(c) If the arrested person, within five years of the date 4,097
on which the person refused the request to consent to the 4,098
chemical test, had refused two previous requests to consent to a 4,100
chemical test of the person's blood, breath, or urine to 4,101
determine its alcohol content, the period of suspension or denial 4,103
shall be three years.
(d) If the arrested person, within five years of the date 4,105
on which the person refused the request to consent to the 4,106
chemical test, had refused three or more previous requests to 4,108
consent to a chemical test of the person's blood, breath, or 4,109
urine to determine its alcohol content, the period of suspension 4,111
or denial shall be five years. 4,112
(2) The suspension or denial imposed under division (E)(1) 4,114
of this section shall continue for the entire one-year, two-year, 4,115
three-year, or five-year period, subject to appeal as provided in 4,116
this section and subject to termination as provided in division 4,117
(K) of this section. 4,118
(F) Upon receipt of the sworn report of an arresting 4,120
officer completed and sent to the registrar and a court pursuant 4,121
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 4,122
person whose test results indicate that the person's blood 4,123
contained a concentration of ten-hundredths of one per cent or 4,125
more by weight of alcohol, the person's breath contained a 4,126
concentration of ten-hundredths of one gram or more by weight of 4,127
alcohol per two hundred ten liters of the person's breath, or the 4,129
98
person's urine contained a concentration of fourteen-hundredths 4,130
of one gram or more by weight of alcohol per one hundred 4,131
milliliters of the person's urine at the time of the alleged 4,132
offense, the registrar shall enter into the registrar's records 4,133
the fact that the person's driver's or commercial driver's 4,135
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 4,136
this section and the period of the suspension, as determined 4,137
under divisions (F)(1) to (4) of this section. The suspension 4,138
shall be subject to appeal as provided in this section and shall 4,139
be for whichever of the following periods that applies: 4,140
(1) Except when division (F)(2), (3), or (4) of this 4,142
section applies and specifies a different period of suspension or 4,143
denial, the period of the suspension or denial shall be ninety 4,144
days.
(2) If the person has been convicted, within six years of 4,146
the date the test was conducted, of one violation of division (A) 4,149
or (B) of section 4511.19 of the Revised Code, a municipal 4,150
ordinance relating to operating a vehicle while under the 4,151
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,152
abuse, a municipal ordinance relating to operating a vehicle with 4,153
a prohibited concentration of alcohol in the blood, breath, or 4,154
urine, section 2903.04 of the Revised Code in a case in which the 4,155
offender was subject to the sanctions described in division (D) 4,156
of that section, or section 2903.06, 2903.07, or 2903.08 of the 4,157
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 4,158
the jury or judge found that at the time of the commission of the 4,159
offense the offender was under the influence of alcohol, a drug 4,160
of abuse, or alcohol and a drug of abuse, or a statute of the 4,161
United States or of any other state or a municipal ordinance of a 4,162
municipal corporation located in any other state that is 4,163
substantially similar to division (A) or (B) of section 4511.19 4,164
of the Revised Code, the period of the suspension or denial shall 4,165
99
be one year.
(3) If the person has been convicted, within six years of 4,167
the date the test was conducted, of two violations of a statute 4,168
or ordinance described in division (F)(2) of this section, the 4,170
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 4,172
the date the test was conducted, of more than two violations of a 4,173
statute or ordinance described in division (F)(2) of this 4,174
section, the period of the suspension or denial shall be three 4,175
years. 4,176
(G)(1) A suspension of a person's driver's or commercial 4,178
driver's license or permit or nonresident operating privilege 4,179
under division (D)(1)(a) of this section for the period of time 4,180
described in division (E) or (F) of this section is effective 4,181
immediately from the time at which the arresting officer serves 4,182
the notice of suspension upon the arrested person. Any 4,183
subsequent finding that the person is not guilty of the charge 4,184
that resulted in the person being requested to take, or in the 4,186
person taking, the chemical test or tests under division (A) of 4,187
this section affects the suspension only as described in division 4,188
(H)(2) of this section. 4,189
(2) If a person is arrested for operating a vehicle while 4,191
under the influence of alcohol, a drug of abuse, or alcohol and a 4,192
drug of abuse or for operating a vehicle with a prohibited 4,193
concentration of alcohol in the blood, breath, or urine and 4,194
regardless of whether the person's driver's or commercial 4,195
driver's license or permit or nonresident operating privilege is 4,196
or is not suspended under division (E) or (F) of this section, 4,197
the person's initial appearance on the charge resulting from the 4,198
arrest shall be held within five days of the person's arrest or 4,199
the issuance of the citation to the person, subject to any 4,200
continuance granted by the court pursuant to division (H)(1) of 4,202
this section regarding the issues specified in that division. 4,203
(H)(1) If a person is arrested for operating a vehicle 4,205
100
while under the influence of alcohol, a drug of abuse, or alcohol 4,206
and a drug of abuse or for operating a vehicle with a prohibited 4,207
concentration of alcohol in the blood, breath, or urine and if 4,208
the person's driver's or commercial driver's license or permit or 4,209
nonresident operating privilege is suspended under division (E) 4,210
or (F) of this section, the person may appeal the suspension at 4,211
the person's initial appearance on the charge resulting from the 4,214
arrest in the court in which the person will appear on that 4,215
charge. If the person appeals the suspension at the person's 4,216
initial appearance, the appeal does not stay the operation of the 4,217
suspension. Subject to division (H)(2) of this section, no court 4,218
has jurisdiction to grant a stay of a suspension imposed under 4,219
division (E) or (F) of this section, and any order issued by any 4,220
court that purports to grant a stay of any suspension imposed 4,221
under either of those divisions shall not be given administrative 4,222
effect.
If the person appeals the suspension at the person's 4,224
initial appearance, either the person or the registrar may 4,225
request a continuance of the appeal. Either the person or the 4,227
registrar shall make the request for a continuance of the appeal 4,228
at the same time as the making of the appeal. If either the 4,229
person or the registrar requests a continuance of the appeal, the 4,230
court may grant the continuance. The court also may continue the 4,231
appeal on its own motion. The granting of a continuance applies 4,232
only to the conduct of the appeal of the suspension and does not 4,233
extend the time within which the initial appearance must be 4,234
conducted, and the court shall proceed with all other aspects of 4,235
the initial appearance in accordance with its normal procedures. 4,236
Neither the request for nor the granting of a continuance stays 4,237
the operation of the suspension that is the subject of the 4,238
appeal.
If the person appeals the suspension at the person's 4,240
initial appearance, the scope of the appeal is limited to 4,241
determining whether one or more of the following conditions have 4,242
101
not been met: 4,243
(a) Whether the law enforcement officer had reasonable 4,245
ground to believe the arrested person was operating a vehicle 4,246
upon a highway or public or private property used by the public 4,247
for vehicular travel or parking within this state while under the 4,248
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,249
abuse or with a prohibited concentration of alcohol in the blood, 4,250
breath, or urine and whether the arrested person was in fact 4,251
placed under arrest; 4,252
(b) Whether the law enforcement officer requested the 4,254
arrested person to submit to the chemical test designated 4,255
pursuant to division (A) of this section; 4,256
(c) Whether the arresting officer informed the arrested 4,258
person of the consequences of refusing to be tested or of 4,259
submitting to the test; 4,260
(d) Whichever of the following is applicable: 4,262
(i) Whether the arrested person refused to submit to the 4,264
chemical test requested by the officer; 4,265
(ii) Whether the chemical test results indicate that the 4,267
arrested person's blood contained a concentration of 4,268
ten-hundredths of one per cent or more by weight of alcohol, the 4,270
person's breath contained a concentration of ten-hundredths of 4,272
one gram or more by weight of alcohol per two hundred ten liters 4,273
of the person's breath, or the person's urine contained a 4,274
concentration of fourteen-hundredths of one gram or more by 4,276
weight of alcohol per one hundred milliliters of the person's 4,277
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 4,279
appearance, the judge or referee of the court or the mayor of the 4,280
mayor's court shall determine whether one or more of the 4,281
conditions specified in divisions (H)(1)(a) to (d) of this 4,282
section have not been met. The person who appeals the suspension 4,283
has the burden of proving, by a preponderance of the evidence, 4,284
that one or more of the specified conditions has not been met. 4,285
102
If during the appeal at the initial appearance the judge or 4,286
referee of the court or the mayor of the mayor's court determines 4,287
that all of those conditions have been met, the judge, referee, 4,288
or mayor shall uphold the suspension, shall continue the 4,289
suspension, and shall notify the registrar of the decision on a 4,290
form approved by the registrar. Except as otherwise provided in 4,291
division (H)(2) of this section, if the suspension is upheld or 4,292
if the person does not appeal the suspension at the person's 4,293
initial appearance under division (H)(1) of this section, the 4,294
suspension shall continue until the complaint alleging the 4,295
violation for which the person was arrested and in relation to 4,296
which the suspension was imposed is adjudicated on the merits by 4,297
the judge or referee of the trial court or by the mayor of the 4,298
mayor's court. If the suspension was imposed under division (E) 4,299
of this section and it is continued under this division, any 4,300
subsequent finding that the person is not guilty of the charge 4,301
that resulted in the person being requested to take the chemical 4,302
test or tests under division (A) of this section does not 4,303
terminate or otherwise affect the suspension. If the suspension 4,304
was imposed under division (F) of this section and it is 4,305
continued under this division, the suspension shall terminate if, 4,306
for any reason, the person subsequently is found not guilty of 4,307
the charge that resulted in the person taking the chemical test 4,308
or tests under division (A) of this section. 4,309
If, during the appeal at the initial appearance, the judge 4,311
or referee of the trial court or the mayor of the mayor's court 4,312
determines that one or more of the conditions specified in 4,313
divisions (H)(1)(a) to (d) of this section have not been met, the 4,314
judge, referee, or mayor shall terminate the suspension, subject 4,315
to the imposition of a new suspension under division (B) of 4,316
section 4511.196 of the Revised Code; shall notify the registrar 4,317
of the decision on a form approved by the registrar; and, except 4,318
as provided in division (B) of section 4511.196 of the Revised 4,320
Code, shall order the registrar to return the driver's or 4,321
103
commercial driver's license or permit to the person or to take 4,322
such measures as may be necessary, if the license or permit was 4,323
destroyed under section 4507.55 of the Revised Code, to permit 4,324
the person to obtain a replacement driver's or commercial 4,325
driver's license or permit from the registrar or a deputy 4,326
registrar in accordance with that section. The court also shall 4,327
issue to the person a court order, valid for not more than ten 4,328
days from the date of issuance, granting the person operating 4,329
privileges for that period of time.
If the person appeals the suspension at the initial 4,331
appearance, the registrar shall be represented by the prosecuting 4,332
attorney of the county in which the arrest occurred if the 4,333
initial appearance is conducted in a juvenile court or county 4,334
court, except that if the arrest occurred within a city or 4,335
village within the jurisdiction of the county court in which the 4,336
appeal is conducted, the city director of law or village 4,337
solicitor of that city or village shall represent the registrar. 4,338
If the appeal is conducted in a municipal court, the registrar 4,339
shall be represented as provided in section 1901.34 of the 4,340
Revised Code. If the appeal is conducted in a mayor's court, the 4,341
registrar shall be represented by the city director of law, 4,342
village solicitor, or other chief legal officer of the municipal 4,343
corporation that operates that mayor's court. 4,344
(I)(1) If a person's driver's or commercial driver's 4,346
license or permit or nonresident operating privilege has been 4,347
suspended pursuant to division (E) of this section, and the 4,348
person, within the preceding seven years, has refused three 4,349
previous requests to consent to a chemical test of the person's 4,351
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 4,352
of division (A) or (B) of section 4511.19 of the Revised Code, a 4,353
municipal ordinance relating to operating a vehicle while under 4,354
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,355
of abuse, a municipal ordinance relating to operating a vehicle 4,356
104
with a prohibited concentration of alcohol in the blood, breath, 4,357
or urine, section 2903.04 of the Revised Code in a case in which 4,358
the person was subject to the sanctions described in division (D) 4,359
of that section, or section 2903.06, 2903.07, or 2903.08 of the 4,360
Revised Code or a municipal ordinance that is substantially 4,361
similar to section 2903.07 of the Revised Code in a case in which 4,362
the jury or judge found that the person was under the influence 4,363
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,364
statute of the United States or of any other state or a municipal 4,365
ordinance of a municipal corporation located in any other state 4,366
that is substantially similar to division (A) or (B) of section 4,367
4511.19 of the Revised Code, the person is not entitled to 4,368
request, and the court shall not grant to the person, 4,369
occupational driving privileges under this division. Any other 4,370
person whose driver's or commercial driver's license or 4,371
nonresident operating privilege has been suspended pursuant to 4,372
division (E) of this section may file a petition requesting 4,373
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 4,374
is a minor, juvenile court with jurisdiction over the related 4,376
criminal or delinquency case. The petition may be filed at any 4,377
time subsequent to the date on which the notice of suspension is 4,378
served upon the arrested person. The person shall pay the costs 4,379
of the proceeding, notify the registrar of the filing of the 4,380
petition, and send the registrar a copy of the petition. 4,381
In the proceedings, the registrar shall be represented by 4,383
the prosecuting attorney of the county in which the arrest 4,384
occurred if the petition is filed in the juvenile court, county 4,385
court, or common pleas court, except that, if the arrest occurred 4,386
within a city or village within the jurisdiction of the county 4,388
court in which the petition is filed, the city director of law or 4,389
village solicitor of that city or village shall represent the 4,390
registrar. If the petition is filed in the municipal court, the 4,391
registrar shall be represented as provided in section 1901.34 of 4,392
105
the Revised Code. If the petition is filed in a mayor's court, 4,393
the registrar shall be represented by the city director of law, 4,394
village solicitor, or other chief legal officer of the municipal 4,395
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 4,397
suspension would seriously affect the person's ability to 4,398
continue in the person's employment, may grant the person 4,399
occupational driving privileges during the period of suspension 4,401
imposed pursuant to division (E) of this section, subject to the 4,402
limitations contained in this division and division (I)(2) of 4,403
this section. The court may grant the occupational driving 4,404
privileges, subject to the limitations contained in this division 4,405
and division (I)(2) of this section, regardless of whether the 4,406
person appeals the suspension at the person's initial appearance 4,408
under division (H)(1) of this section or appeals the decision of 4,409
the court made pursuant to the appeal conducted at the initial 4,410
appearance, and, if the person has appealed the suspension or 4,411
decision, regardless of whether the matter at issue has been 4,412
heard or decided by the court. The court shall not grant 4,413
occupational driving privileges to any person who, within seven 4,414
years of the filing of the petition, has refused three previous 4,415
requests to consent to a chemical test of the person's blood, 4,417
breath, or urine to determine its alcohol content or has been 4,418
convicted of or pleaded guilty to three or more violations of 4,419
division (A) or (B) of section 4511.19 of the Revised Code, a 4,420
municipal ordinance relating to operating a vehicle while under 4,421
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,422
of abuse, a municipal ordinance relating to operating a vehicle 4,423
with a prohibited concentration of alcohol in the blood, breath, 4,424
or urine, section 2903.04 of the Revised Code in a case in which 4,425
the person was subject to the sanctions described in division (D) 4,426
of that section, or section 2903.06, 2903.07, or 2903.08 of the 4,427
Revised Code or a municipal ordinance that is substantially 4,428
similar to section 2903.07 of the Revised Code in a case in which 4,429
106
the jury or judge found that the person was under the influence 4,430
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,431
statute of the United States or of any other state or a municipal 4,432
ordinance of a municipal corporation located in any other state 4,433
that is substantially similar to division (A) or (B) of section 4,434
4511.19 of the Revised Code, and shall not grant occupational 4,435
driving privileges for employment as a driver of commercial motor 4,436
vehicles to any person who is disqualified from operating a 4,437
commercial motor vehicle under section 2301.374 or 4506.16 of the 4,438
Revised Code.
(2)(a) In granting occupational driving privileges under 4,440
division (I)(1) of this section, the court may impose any 4,441
condition it considers reasonable and necessary to limit the use 4,442
of a vehicle by the person. The court shall deliver to the 4,443
person a permit card, in a form to be prescribed by the court, 4,444
setting forth the time, place, and other conditions limiting the 4,445
defendant's use of a vehicle. The grant of occupational driving 4,446
privileges shall be conditioned upon the person's having the 4,447
permit in the person's possession at all times during which the 4,449
person is operating a vehicle. 4,450
A person granted occupational driving privileges who 4,452
operates a vehicle for other than occupational purposes, in 4,453
violation of any condition imposed by the court, or without 4,454
having the permit in the person's possession, is guilty of a 4,455
violation of section 4507.02 of the Revised Code. 4,457
(b) The court may not grant a person occupational driving 4,459
privileges under division (I)(1) of this section when prohibited 4,460
by a limitation contained in that division or during any of the 4,461
following periods of time: 4,462
(i) The first thirty days of suspension imposed upon a 4,464
person who, within five years of the date on which the person 4,465
refused the request to consent to a chemical test of the person's 4,467
blood, breath, or urine to determine its alcohol content and for 4,469
which refusal the suspension was imposed, had not refused a 4,470
107
previous request to consent to a chemical test of the person's 4,471
blood, breath, or urine to determine its alcohol content; 4,473
(ii) The first ninety days of suspension imposed upon a 4,475
person who, within five years of the date on which the person 4,476
refused the request to consent to a chemical test of the person's 4,478
blood, breath, or urine to determine its alcohol content and for 4,480
which refusal the suspension was imposed, had refused one 4,481
previous request to consent to a chemical test of the person's 4,482
blood, breath, or urine to determine its alcohol content; 4,484
(iii) The first year of suspension imposed upon a person 4,486
who, within five years of the date on which the person refused 4,488
the request to consent to a chemical test of the person's blood, 4,490
breath, or urine to determine its alcohol content and for which 4,491
refusal the suspension was imposed, had refused two previous 4,492
requests to consent to a chemical test of the person's blood, 4,493
breath, or urine to determine its alcohol content; 4,495
(iv) The first three years of suspension imposed upon a 4,497
person who, within five years of the date on which the person 4,498
refused the request to consent to a chemical test of the person's 4,500
blood, breath, or urine to determine its alcohol content and for 4,502
which refusal the suspension was imposed, had refused three or 4,503
more previous requests to consent to a chemical test of the 4,504
person's blood, breath, or urine to determine its alcohol 4,506
content.
(3) The court shall give information in writing of any 4,508
action taken under this section to the registrar. 4,509
(4) If a person's driver's or commercial driver's license 4,511
or permit or nonresident operating privilege has been suspended 4,512
pursuant to division (F) of this section, and the person, within 4,513
the preceding seven years, has been convicted of or pleaded 4,514
guilty to three or more violations of division (A) or (B) of 4,515
section 4511.19 of the Revised Code, a municipal ordinance 4,516
relating to operating a vehicle while under the influence of 4,517
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 4,518
108
municipal ordinance relating to operating a vehicle with a 4,519
prohibited concentration of alcohol in the blood, breath, or 4,520
urine, section 2903.04 of the Revised Code in a case in which the 4,521
person was subject to the sanctions described in division (D) of 4,522
that section, or section 2903.06, 2903.07, or 2903.08 of the 4,523
Revised Code or a municipal ordinance that is substantially 4,524
similar to section 2903.07 of the Revised Code in a case in which 4,525
the jury or judge found that the person was under the influence 4,526
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,527
statute of the United States or of any other state or a municipal 4,528
ordinance of a municipal corporation located in any other state 4,530
that is substantially similar to division (A) or (B) of section 4,531
4511.19 of the Revised Code, the person is not entitled to 4,532
request, and the court shall not grant to the person, 4,533
occupational driving privileges under this division. Any other 4,534
person whose driver's or commercial driver's license or 4,535
nonresident operating privilege has been suspended pursuant to 4,536
division (F) of this section may file in the court specified in 4,537
division (I)(1) of this section a petition requesting 4,538
occupational driving privileges in accordance with section 4,539
4507.16 of the Revised Code. The petition may be filed at any 4,540
time subsequent to the date on which the arresting officer serves 4,541
the notice of suspension upon the arrested person. Upon the 4,542
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 4,543
The court may grant the occupational driving privileges, subject 4,544
to the limitations contained in section 4507.16 of the Revised 4,545
Code, regardless of whether the person appeals the suspension at 4,546
the person's initial appearance under division (H)(1) of this 4,548
section or appeals the decision of the court made pursuant to the 4,549
appeal conducted at the initial appearance, and, if the person 4,550
has appealed the suspension or decision, regardless of whether 4,551
the matter at issue has been heard or decided by the court. 4,552
(J) When it finally has been determined under the 4,554
109
procedures of this section that a nonresident's privilege to 4,555
operate a vehicle within this state has been suspended, the 4,556
registrar shall give information in writing of the action taken 4,557
to the motor vehicle administrator of the state of the person's 4,558
residence and of any state in which the person has a license. 4,559
(K) A suspension of the driver's or commercial driver's 4,561
license or permit of a resident, a suspension of the operating 4,562
privilege of a nonresident, or a denial of a driver's or 4,563
commercial driver's license or permit pursuant to division (E) or 4,565
(F) of this section shall be terminated by the registrar upon 4,567
receipt of notice of the person's entering a plea of guilty to, 4,568
or of the person's conviction of, operating a vehicle while under 4,570
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,571
of abuse or with a prohibited concentration of alcohol in the 4,572
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 4,573
incident that led to the suspension or denial. 4,574
The registrar shall credit against any judicial suspension 4,576
of a person's driver's or commercial driver's license or permit 4,577
or nonresident operating privilege imposed pursuant to division 4,578
(B) or (E) of section 4507.16 of the Revised Code any time during 4,579
which the person serves a related suspension imposed pursuant to 4,580
division (E) or (F) of this section. 4,581
(L) At the end of a suspension period under this section, 4,583
section 4511.196, or division (B) of section 4507.16 of the 4,584
Revised Code and upon the request of the person whose driver's or 4,585
commercial driver's license or permit was suspended and who is 4,586
not otherwise subject to suspension, revocation, or 4,587
disqualification, the registrar shall return the driver's or 4,588
commercial driver's license or permit to the person upon the 4,589
person's compliance with all of the conditions specified in 4,591
divisions (L)(1) and (2) of this section: 4,592
(1) A showing by the person that the person has proof of 4,594
financial responsibility, a policy of liability insurance in 4,596
110
effect that meets the minimum standards set forth in section 4,597
4509.51 of the Revised Code, or proof, to the satisfaction of the 4,598
registrar, that the person is able to respond in damages in an 4,599
amount at least equal to the minimum amounts specified in section 4,600
4509.51 of the Revised Code. 4,601
(2) Subject to the limitation contained in division (L)(3) 4,604
of this section, payment by the person of a license reinstatement 4,605
fee of four hundred five dollars to the bureau of motor vehicles, 4,608
which fee shall be deposited in the state treasury and credited 4,609
as follows: 4,610
(a) One hundred twelve dollars and fifty cents shall be 4,613
credited to the statewide treatment and prevention fund created 4,614
by section 4301.30 of the Revised Code. The fund shall be used 4,616
to pay the costs of driver treatment and intervention programs 4,617
operated pursuant to sections 3793.02 and 3793.10 of the Revised 4,618
Code. The director of alcohol and drug addiction services shall 4,619
determine the share of the fund that is to be allocated to 4,620
alcohol and drug addiction programs authorized by section 3793.02 4,621
of the Revised Code, and the share of the fund that is to be 4,622
allocated to drivers' intervention programs authorized by section 4,623
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 4,625
reparations fund created by section 2743.191 of the Revised Code. 4,627
(c) Thirty-seven dollars and fifty cents shall be credited 4,630
to the indigent drivers alcohol treatment fund, which is hereby 4,631
established. Except as otherwise provided in division (L)(2)(c) 4,633
of this section, moneys in the fund shall be distributed by the 4,634
department of alcohol and drug addiction services to the county 4,635
indigent drivers alcohol treatment funds, the county juvenile 4,636
indigent drivers alcohol treatment funds, and the municipal 4,637
indigent drivers alcohol treatment funds that are required to be 4,638
established by counties and municipal corporations pursuant to 4,639
division (N) of this section, and shall be used only to pay the 4,640
cost of an alcohol and drug addiction treatment program attended 4,641
111
by an offender or juvenile traffic offender who is ordered to 4,642
attend an alcohol and drug addiction treatment program by a 4,643
county, juvenile, or municipal court judge and who is determined 4,644
by the county, juvenile, or municipal court judge not to have the 4,645
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 4,646
that division. Moneys in the fund that are not distributed to a 4,648
county indigent drivers alcohol treatment fund, a county juvenile 4,649
indigent drivers alcohol treatment fund, or a municipal indigent 4,650
drivers alcohol treatment fund under division (N) of this section 4,651
because the director of alcohol and drug addiction services does 4,652
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 4,653
arrested may be transferred by the director of budget and 4,654
management to the statewide treatment and prevention fund created 4,656
by section 4301.30 of the Revised Code, upon certification of the 4,657
amount by the director of alcohol and drug addiction services. 4,659
(d) Seventy-five dollars shall be credited to the Ohio 4,661
rehabilitation services commission established by section 3304.12 4,662
of the Revised Code, to the services for rehabilitation fund, 4,663
which is hereby established. The fund shall be used to match 4,664
available federal matching funds where appropriate, and for any 4,665
other purpose or program of the commission to rehabilitate people 4,666
with disabilities to help them become employed and independent. 4,667
(e) Seventy-five dollars shall be deposited into the state 4,670
treasury and credited to the drug abuse resistance education 4,671
programs fund, which is hereby established, to be used by the 4,672
attorney general for the purposes specified in division (L)(4) of 4,674
this section.
(f) Thirty dollars shall be credited to the state bureau 4,676
of motor vehicles fund created by section 4501.25 of the Revised 4,677
Code.
(3) If a person's driver's or commercial driver's license 4,679
or permit is suspended under division (E) or (F) of this section, 4,681
112
section 4511.196, or division (B) of section 4507.16 of the 4,682
Revised Code, or any combination of the suspensions described in 4,683
division (L)(3) of this section, and if the suspensions arise 4,684
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 4,685
required to pay to the bureau, only one reinstatement fee of four 4,686
hundred five dollars. The reinstatement fee shall be distributed 4,687
by the bureau in accordance with division (L)(2) of this section. 4,688
(4) The attorney general shall use amounts in the drug 4,690
abuse resistance education programs fund to award grants to law 4,691
enforcement agencies to establish and implement drug abuse 4,692
resistance education programs in public schools. Grants awarded 4,693
to a law enforcement agency under division (L)(2)(e) of this 4,694
section shall be used by the agency to pay for not more than 4,695
fifty per cent of the amount of the salaries of law enforcement 4,696
officers who conduct drug abuse resistance education programs in 4,697
public schools. The attorney general shall not use more than six 4,698
per cent of the amounts the attorney general's office receives 4,700
under division (L)(2)(e) of this section to pay the costs it 4,701
incurs in administering the grant program established by division 4,702
(L)(2)(e) of this section and in providing training and materials 4,703
relating to drug abuse resistance education programs. 4,704
The attorney general shall report to the governor and the 4,706
general assembly each fiscal year on the progress made in 4,707
establishing and implementing drug abuse resistance education 4,708
programs. These reports shall include an evaluation of the 4,709
effectiveness of these programs. 4,710
(M) Suspension of a commercial driver's license under 4,712
division (E) or (F) of this section shall be concurrent with any 4,713
period of disqualification under section 2301.374 or 4506.16 of 4,714
the Revised Code. No person who is disqualified for life from 4,715
holding a commercial driver's license under section 4506.16 of 4,716
the Revised Code shall be issued a driver's license under Chapter 4,717
4507. of the Revised Code during the period for which the 4,718
113
commercial driver's license was suspended under division (E) or 4,719
(F) of this section, and no person whose commercial driver's 4,720
license is suspended under division (E) or (F) of this section 4,721
shall be issued a driver's license under that chapter during the 4,722
period of the suspension. 4,723
(N)(1) Each county shall establish an indigent drivers 4,725
alcohol treatment fund, each county shall establish a juvenile 4,726
indigent drivers alcohol treatment fund, and each municipal 4,727
corporation in which there is a municipal court shall establish 4,728
an indigent drivers alcohol treatment fund. All revenue that the 4,729
general assembly appropriates to the indigent drivers alcohol 4,730
treatment fund for transfer to a county indigent drivers alcohol 4,731
treatment fund, a county juvenile indigent drivers alcohol 4,732
treatment fund, or a municipal indigent drivers alcohol treatment 4,733
fund, all portions of fees that are paid under division (L) of 4,734
this section and that are credited under that division to the 4,735
indigent drivers alcohol treatment fund in the state treasury for 4,736
a county indigent drivers alcohol treatment fund, a county 4,737
juvenile indigent drivers alcohol treatment fund, or a municipal 4,738
indigent drivers alcohol treatment fund, and all portions of 4,739
fines that are specified for deposit into a county or municipal 4,740
indigent drivers alcohol treatment fund by section 4511.193 of 4,741
the Revised Code shall be deposited into that county indigent 4,742
drivers alcohol treatment fund, county juvenile indigent drivers 4,743
alcohol treatment fund, or municipal indigent drivers alcohol 4,744
treatment fund in accordance with division (N)(2) of this 4,745
section. Additionally, all portions of fines that are paid for a 4,746
violation of section 4511.19 of the Revised Code or division 4,747
(B)(2) of section 4507.02 of the Revised Code, and that are 4,748
required under division (A)(1) or, (2), (5), OR (6) of section 4,750
4511.99 or division (B)(5) of section 4507.99 of the Revised Code 4,751
to be deposited into a county indigent drivers alcohol treatment 4,752
fund or municipal indigent drivers alcohol treatment fund shall 4,753
be deposited into the appropriate fund in accordance with the 4,754
114
applicable division. 4,755
(2) That portion of the license reinstatement fee that is 4,757
paid under division (L) of this section and that is credited 4,758
under that division to the indigent drivers alcohol treatment 4,759
fund shall be deposited into a county indigent drivers alcohol 4,760
treatment fund, a county juvenile indigent drivers alcohol 4,761
treatment fund, or a municipal indigent drivers alcohol treatment 4,762
fund as follows: 4,763
(a) If the suspension in question was imposed under this 4,765
section, that portion of the fee shall be deposited as follows: 4,766
(i) If the fee is paid by a person who was charged in a 4,768
county court with the violation that resulted in the suspension, 4,769
the portion shall be deposited into the county indigent drivers 4,770
alcohol treatment fund under the control of that court; 4,771
(ii) If the fee is paid by a person who was charged in a 4,773
juvenile court with the violation that resulted in the 4,774
suspension, the portion shall be deposited into the county 4,775
juvenile indigent drivers alcohol treatment fund established in 4,776
the county served by the court; 4,777
(iii) If the fee is paid by a person who was charged in a 4,779
municipal court with the violation that resulted in the 4,780
suspension, the portion shall be deposited into the municipal 4,781
indigent drivers alcohol treatment fund under the control of that 4,782
court. 4,783
(b) If the suspension in question was imposed under 4,785
division (B) of section 4507.16 of the Revised Code, that portion 4,786
of the fee shall be deposited as follows: 4,787
(i) If the fee is paid by a person whose license or permit 4,789
was suspended by a county court, the portion shall be deposited 4,790
into the county indigent drivers alcohol treatment fund under the 4,791
control of that court; 4,792
(ii) If the fee is paid by a person whose license or 4,794
permit was suspended by a municipal court, the portion shall be 4,795
deposited into the municipal indigent drivers alcohol treatment 4,796
115
fund under the control of that court. 4,797
(3) Expenditures from a county indigent drivers alcohol 4,799
treatment fund, a county juvenile indigent drivers alcohol 4,800
treatment fund, or a municipal indigent drivers alcohol treatment 4,801
fund shall be made only upon the order of a county, juvenile, or 4,802
municipal court judge and only for payment of the cost of the 4,803
attendance at an alcohol and drug addiction treatment program of 4,804
a person who is convicted of, or found to be a juvenile traffic 4,805
offender by reason of, a violation of division (A) of section 4,806
4511.19 of the Revised Code or a substantially similar municipal 4,807
ordinance, who is ordered by the court to attend the alcohol and 4,808
drug addiction treatment program, and who is determined by the 4,809
court to be unable to pay the cost of attendance at the treatment 4,811
program or for payment of the costs specified in division (N)(4) 4,812
of this section in accordance with that division. The alcohol 4,813
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 4,815
section 340.02 or 340.021 of the Revised Code and serving the 4,817
alcohol, drug addiction, and mental health service district in 4,818
which the court is located shall administer the indigent drivers 4,819
alcohol treatment program of the court. When a court orders an 4,820
offender or juvenile traffic offender to attend an alcohol and 4,821
drug addiction treatment program, the board shall determine which 4,822
program is suitable to meet the needs of the offender or juvenile 4,823
traffic offender, and when a suitable program is located and 4,824
space is available at the program, the offender or juvenile 4,825
traffic offender shall attend the program designated by the 4,826
board. A reasonable amount not to exceed five per cent of the 4,827
amounts credited to and deposited into the county indigent 4,828
drivers alcohol treatment fund, the county juvenile indigent 4,829
drivers alcohol treatment fund, or the municipal indigent drivers 4,830
alcohol treatment fund serving every court whose program is 4,831
administered by that board shall be paid to the board to cover 4,832
the costs it incurs in administering those indigent drivers 4,833
116
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 4,835
in consultation with the alcohol and drug addiction services 4,836
board or the board of alcohol, drug addiction, and mental health 4,837
services established pursuant to section 340.02 or 340.021 of the 4,838
Revised Code and serving the alcohol, drug addiction, and mental 4,840
health district in which the court is located, that the funds in 4,841
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 4,842
municipal indigent drivers alcohol treatment fund under the 4,843
control of the court are more than sufficient to satisfy the 4,844
purpose for which the fund was established, as specified in 4,845
divisions (N)(1) to (3) of this section, the court may declare a 4,846
surplus in the fund. If the court declares a surplus in the 4,847
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 4,848
who are charged in the court with committing a criminal offense 4,849
or with being a delinquent child or juvenile traffic offender and 4,850
in relation to whom both of the following apply: 4,851
(a) The court determines that substance abuse was a 4,853
contributing factor leading to the criminal or delinquent 4,854
activity or the juvenile traffic offense with which the person is 4,855
charged.
(b) The court determines that the person is unable to pay 4,858
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 4,859
Sec. 4511.99. (A) Whoever violates division (A)(1), (2), 4,872
(3), OR (4) of section 4511.19 of the Revised Code, in addition 4,874
to the license suspension or revocation provided in section 4,875
4507.16 of the Revised Code and any disqualification imposed 4,876
under section 4506.16 of the Revised Code, shall be punished as 4,877
provided in division (A)(1), (2), (3), or (4) of this section. 4,878
WHOEVER VIOLATES DIVISION (A)(5), (6), OR (7) OF SECTION 4511.19 4,881
OF THE REVISED CODE, IN ADDITION TO THE LICENSE SUSPENSION OR 4,883
117
REVOCATION PROVIDED IN SECTION 4507.16 OF THE REVISED CODE AND 4,885
ANY DISQUALIFICATION IMPOSED UNDER SECTION 4506.16 OF THE REVISED 4,887
CODE, SHALL BE PUNISHED AS PROVIDED IN DIVISION (A)(5), (6), (7), 4,890
OR (8) OF THIS SECTION.
(1) Except as otherwise provided in division (A)(2), (3), 4,892
or (4) of this section, the offender is guilty of a misdemeanor 4,893
of the first degree, and the court shall sentence the offender to 4,895
a term of imprisonment of three consecutive days and may sentence 4,896
the offender pursuant to section 2929.21 of the Revised Code to a 4,897
longer term of imprisonment. In addition, the court shall impose 4,898
upon the offender a fine of not less than two hundred FIFTY and 4,899
not more than one thousand dollars. 4,900
The court may suspend the execution of the mandatory three 4,902
consecutive days of imprisonment that it is required to impose by 4,903
this division, if the court, in lieu of the suspended term of 4,904
imprisonment, places the offender on probation and requires the 4,905
offender to attend, for three consecutive days, a drivers' 4,906
intervention program that is certified pursuant to section 4,907
3793.10 of the Revised Code. The court also may suspend the 4,908
execution of any part of the mandatory three consecutive days of 4,909
imprisonment that it is required to impose by this division, if 4,910
the court places the offender on probation for part of the three 4,911
consecutive days; requires the offender to attend, for that part 4,912
of the three consecutive days, a drivers' intervention program 4,913
that is certified pursuant to section 3793.10 of the Revised 4,914
Code; and sentences the offender to a term of imprisonment equal 4,915
to the remainder of the three consecutive days that the offender 4,916
does not spend attending the drivers' intervention program. The 4,917
court may require the offender, as a condition of probation, to 4,918
attend and satisfactorily complete any treatment or education 4,919
programs that comply with the minimum standards adopted pursuant 4,920
to Chapter 3793. of the Revised Code by the director of alcohol 4,921
and drug addiction services, in addition to the required 4,922
attendance at a drivers' intervention program, that the operators 4,923
118
of the drivers' intervention program determine that the offender 4,924
should attend and to report periodically to the court on the 4,925
offender's progress in the programs. The court also may impose 4,926
any other conditions of probation on the offender that it 4,927
considers necessary. 4,928
Of the fine imposed pursuant to this division, twenty-five 4,930
dollars shall be paid to an enforcement and education fund 4,931
established by the legislative authority of the law enforcement 4,932
agency in this state that primarily was responsible for the 4,933
arrest of the offender, as determined by the court that imposes 4,934
the fine. This share shall be used by the agency to pay only 4,935
those costs it incurs in enforcing section 4511.19 of the Revised 4,936
Code or a substantially similar municipal ordinance and in 4,937
informing the public of the laws governing the operation of a 4,938
motor vehicle while under the influence of alcohol, the dangers 4,939
of operating a motor vehicle while under the influence of 4,940
alcohol, and other information relating to the operation of a 4,941
motor vehicle and the consumption of alcoholic beverages. FIFTY 4,943
DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE 4,944
PAID TO THE POLITICAL SUBDIVISION THAT PAYS THE COST OF HOUSING 4,945
THE OFFENDER DURING THE OFFENDER'S TERM OF INCARCERATION TO THE 4,946
CREDIT OF THE FUND THAT PAYS THE COST OF THE INCARCERATION. IF 4,947
THE OFFENDER WAS CONFINED AS A RESULT OF THE OFFENSE PRIOR TO 4,948
BEING SENTENCED FOR THE OFFENSE BUT IS NOT SENTENCED TO A TERM OF 4,949
INCARCERATION, THE FIFTY DOLLARS SHALL BE PAID TO THE POLITICAL 4,950
SUBDIVISION THAT PAID THE COST OF HOUSING THE OFFENDER DURING 4,951
THAT PERIOD OF CONFINEMENT. THE POLITICAL SUBDIVISION SHALL USE 4,952
THIS SHARE TO PAY OR REIMBURSE INCARCERATION OR TREATMENT COSTS 4,953
IT INCURS IN HOUSING OR PROVIDING DRUG AND ALCOHOL TREATMENT TO 4,954
PERSONS WHO VIOLATE SECTION 4511.19 OF THE REVISED CODE OR A 4,955
SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION 4,957
INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST EQUIPMENT FOR 4,958
PERSONS WHO VIOLATE THAT SECTION. Twenty-five dollars of the 4,959
fine imposed pursuant to this division shall be deposited into 4,960
119
the county indigent drivers alcohol treatment fund or municipal 4,961
indigent drivers alcohol treatment fund under the control of that 4,962
court, as created by the county or municipal corporation pursuant 4,963
to division (N) of section 4511.191 of the Revised Code. The 4,964
balance of the fine shall be disbursed as otherwise provided by 4,965
law.
(2)(a) Except as otherwise provided in division (A)(4) of 4,968
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 4,971
pleaded guilty to one violation of division (A) or (B) of section 4,972
4511.19 of the Revised Code, a municipal ordinance relating to 4,973
operating a vehicle while under the influence of alcohol, a drug 4,974
of abuse, or alcohol and a drug of abuse, a municipal ordinance 4,975
relating to operating a vehicle with a prohibited concentration 4,976
of alcohol in the blood, breath, or urine, section 2903.04 of the 4,977
Revised Code in a case in which the offender was subject to the 4,978
sanctions described in division (D) of that section, section 4,979
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 4,980
ordinance that is substantially similar to section 2903.07 of the 4,981
Revised Code in a case in which the jury or judge found that the 4,982
offender was under the influence of alcohol, a drug of abuse, or 4,983
alcohol and a drug of abuse, or a statute of the United States or 4,984
of any other state or a municipal ordinance of a municipal 4,985
corporation located in any other state that is substantially 4,986
similar to division (A) or (B) of section 4511.19 of the Revised 4,987
Code, the offender is guilty of a misdemeanor of the first degree
and, except as provided in this division, the court shall 4,989
sentence the offender to a term of imprisonment of ten 4,990
consecutive days and may sentence the offender pursuant to 4,991
section 2929.21 of the Revised Code to a longer term of 4,992
imprisonment. As an alternative to the term of imprisonment 4,993
required to be imposed by this division, but subject to division 4,994
(A)(8)(12) of this section, the court may impose upon the 4,996
offender a sentence consisting of both a term of imprisonment of 4,997
120
five consecutive days and not less than eighteen consecutive days 4,998
of electronically monitored house arrest as defined in division 4,999
(A) of section 2929.23 of the Revised Code. The five consecutive 5,000
days of imprisonment and the period of electronically monitored 5,001
house arrest shall not exceed six months. The five consecutive 5,002
days of imprisonment do not have to be served prior to or 5,003
consecutively with the period of electronically monitored house 5,004
arrest.
In addition, the court shall impose upon the offender a 5,006
fine of not less than three hundred FIFTY and not more than one 5,007
thousand five hundred dollars. 5,008
In addition to any other sentence that it imposes upon the 5,010
offender, the court may require the offender to attend a drivers' 5,011
intervention program that is certified pursuant to section 5,012
3793.10 of the Revised Code. If the officials of the drivers' 5,013
intervention program determine that the offender is alcohol 5,014
dependent, they shall notify the court, and the court shall order 5,015
the offender to obtain treatment through an alcohol and drug 5,016
addiction program authorized by section 3793.02 of the Revised 5,017
Code. The cost of the treatment shall be paid by the offender. 5,018
Of the fine imposed pursuant to this division, thirty-five 5,020
dollars shall be paid to an enforcement and education fund 5,021
established by the legislative authority of the law enforcement 5,022
agency in this state that primarily was responsible for the 5,023
arrest of the offender, as determined by the court that imposes 5,024
the fine. This share shall be used by the agency to pay only 5,025
those costs it incurs in enforcing division (A) of section 5,026
4511.19 of the Revised Code or a substantially similar municipal 5,027
ordinance and in informing the public of the laws governing the 5,028
operation of a motor vehicle while under the influence of 5,029
alcohol, the dangers of operating a motor vehicle while under the 5,030
influence of alcohol, and other information relating to the 5,031
operation of a motor vehicle and the consumption of alcoholic 5,032
beverages. Sixty-five ONE HUNDRED FIFTEEN dollars of the fine 5,033
121
imposed pursuant to this division shall be paid to the political 5,035
subdivision responsible for THAT PAYS THE COST OF housing the 5,036
offender during the offender's term of incarceration. This share 5,039
shall be used by the political subdivision to pay or reimburse 5,040
incarceration OR TREATMENT costs it incurs in housing OR 5,042
PROVIDING DRUG AND ALCOHOL TREATMENT TO persons who violate
section 4511.19 of the Revised Code or a substantially similar 5,044
municipal ordinance and to pay for ignition interlock devices and 5,045
electronic house arrest equipment for persons who violate that 5,046
section, and shall be paid to the credit of the fund that pays 5,047
the cost of the incarceration. Fifty dollars of the fine imposed 5,048
pursuant to this division shall be deposited into the county 5,049
indigent drivers alcohol treatment fund or municipal indigent 5,050
drivers alcohol treatment fund under the control of that court, 5,051
as created by the county or municipal corporation pursuant to 5,052
division (N) of section 4511.191 of the Revised Code. The 5,053
balance of the fine shall be disbursed as otherwise provided by 5,054
law.
(b) Regardless of whether the vehicle the offender was 5,056
operating at the time of the offense is registered in the 5,057
offender's name or in the name of another person, the court, in 5,059
addition to the penalties imposed under division (A)(2)(a) of 5,060
this section and all other penalties provided by law and subject 5,061
to section 4503.235 of the Revised Code, shall order the 5,062
immobilization for ninety days of the vehicle the offender was 5,063
operating at the time of the offense and the impoundment for 5,064
ninety days of the identification license plates of that vehicle. 5,065
The order for the immobilization and impoundment shall be issued 5,066
and enforced in accordance with section 4503.233 of the Revised 5,067
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 5,070
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 5,073
pleaded guilty to two violations of division (A) or (B) of 5,074
122
section 4511.19 of the Revised Code, a municipal ordinance 5,075
relating to operating a vehicle while under the influence of 5,076
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 5,077
municipal ordinance relating to operating a vehicle with a 5,078
prohibited concentration of alcohol in the blood, breath, or 5,079
urine, section 2903.04 of the Revised Code in a case in which the 5,080
offender was subject to the sanctions described in division (D) 5,081
of that section, section 2903.06, 2903.07, or 2903.08 of the 5,082
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 5,083
the jury or judge found that the offender was under the influence 5,084
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,086
statute of the United States or of any other state or a municipal 5,087
ordinance of a municipal corporation located in any other state 5,088
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 5,089
the court shall sentence the offender to a term of imprisonment 5,091
of thirty consecutive days and may sentence the offender to a 5,092
longer definite term of imprisonment of not more than one year. 5,093
As an alternative to the term of imprisonment required to be 5,094
imposed by this division, but subject to division (A)(8)(12) of 5,095
this section, the court may impose upon the offender a sentence 5,097
consisting of both a term of imprisonment of fifteen consecutive 5,098
days and not less than fifty-five consecutive days of 5,099
electronically monitored house arrest as defined in division (A) 5,100
of section 2929.23 of the Revised Code. The fifteen consecutive 5,101
days of imprisonment and the period of electronically monitored 5,102
house arrest shall not exceed one year. The fifteen consecutive 5,103
days of imprisonment do not have to be served prior to or 5,104
consecutively with the period of electronically monitored house 5,105
arrest.
In addition, the court shall impose upon the offender a 5,107
fine of not less than five hundred FIFTY and not more than two 5,108
thousand five hundred dollars. 5,109
123
In addition to any other sentence that it imposes upon the 5,111
offender, the court shall require the offender to attend an 5,112
alcohol and drug addiction program authorized by section 3793.02 5,113
of the Revised Code. The cost of the treatment shall be paid by 5,114
the offender. If the court determines that the offender is 5,115
unable to pay the cost of attendance at the treatment program, 5,117
the court may order that payment of the cost of the offender's 5,118
attendance at the treatment program be made from that court's 5,119
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 5,121
twenty-three dollars shall be paid to an enforcement and 5,122
education fund established by the legislative authority of the 5,123
law enforcement agency in this state that primarily was 5,124
responsible for the arrest of the offender, as determined by the 5,125
court that imposes the fine. This share shall be used by the 5,126
agency to pay only those costs it incurs in enforcing section 5,127
4511.19 of the Revised Code or a substantially similar municipal 5,128
ordinance and in informing the public of the laws governing the 5,129
operation of a motor vehicle while under the influence of 5,130
alcohol, the dangers of operating a motor vehicle while under the 5,131
influence of alcohol, and other information relating to the 5,132
operation of a motor vehicle and the consumption of alcoholic 5,133
beverages. Two hundred twenty-seven SEVENTY-SEVEN dollars of the 5,135
fine imposed pursuant to this division shall be paid to the 5,136
political subdivision responsible for THAT PAYS THE COST OF 5,137
housing the offender during the offender's term of incarceration. 5,140
This share shall be used by the political subdivision to pay or 5,141
reimburse incarceration OR TREATMENT costs it incurs in housing 5,143
OR PROVIDING DRUG AND ALCOHOL TREATMENT TO persons who violate
division (A) of section 4511.19 of the Revised Code or a 5,145
substantially similar municipal ordinance and to pay for ignition 5,146
interlock devices and electronic house arrest equipment for 5,147
persons who violate that section and shall be paid to the credit 5,148
of the fund that pays the cost of incarceration. The balance of 5,149
124
the fine shall be disbursed as otherwise provided by law. 5,150
(b) Regardless of whether the vehicle the offender was 5,152
operating at the time of the offense is registered in the 5,153
offender's name or in the name of another person, the court, in 5,155
addition to the penalties imposed under division (A)(3)(a) of 5,156
this section and all other penalties provided by law and subject 5,157
to section 4503.235 of the Revised Code, shall order the 5,158
immobilization for one hundred eighty days of the vehicle the 5,159
offender was operating at the time of the offense and the 5,160
impoundment for one hundred eighty days of the identification 5,161
license plates of that vehicle. The order for the immobilization 5,162
and impoundment shall be issued and enforced in accordance with 5,163
section 4503.233 of the Revised Code. 5,164
(4)(a)(i) If, within six years of the offense, the 5,166
offender has been convicted of or pleaded guilty to three or more 5,167
violations of division (A) or (B) of section 4511.19 of the 5,168
Revised Code, a municipal ordinance relating to operating a 5,169
vehicle while under the influence of alcohol, a drug of abuse, or 5,170
alcohol and a drug of abuse, a municipal ordinance relating to 5,171
operating a vehicle with a prohibited concentration of alcohol in 5,172
the blood, breath, or urine, section 2903.04 of the Revised Code 5,173
in a case in which the offender was subject to the sanctions 5,174
described in division (D) of that section, section 2903.06, 5,175
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 5,176
that is substantially similar to section 2903.07 of the Revised 5,177
Code in a case in which the jury or judge found that the offender 5,178
was under the influence of alcohol, a drug of abuse, or alcohol 5,179
and a drug of abuse, or a statute of the United States or of any 5,181
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 5,182
division (A) or (B) of section 4511.19 of the Revised Code, or if 5,183
the offender previously has been convicted of or pleaded guilty 5,185
to a violation of division (A) of section 4511.19 of the Revised 5,186
Code under circumstances in which the violation was a felony and 5,187
125
regardless of when the violation and the conviction or guilty 5,188
plea occurred AND IF SENTENCE IS NOT REQUIRED TO BE IMPOSED UNDER 5,189
DIVISION (A)(4)(a)(ii) OF THIS SECTION, the offender is guilty of 5,190
a felony of the fourth degree AND, NOTWITHSTANDING DIVISION 5,193
(A)(4) OF SECTION 2929.14 OF THE REVISED CODE, MAY BE SENTENCED 5,195
TO A DEFINITE PRISON TERM THAT SHALL BE NOT LESS THAN SIX MONTHS 5,196
AND NOT MORE THAN THIRTY MONTHS. The court shall sentence the 5,197
offender in accordance with sections 2929.11 to 2929.19 of the 5,198
Revised Code and shall impose as part of the sentence EITHER a 5,199
mandatory term of local incarceration of sixty consecutive days 5,201
of imprisonment in accordance with division (G)(1) of section 5,202
2929.13 of the Revised Code or a mandatory prison term of sixty 5,203
consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If THE COURT 5,204
REQUIRES the offender is required to serve a mandatory term of 5,206
local incarceration of sixty consecutive days of imprisonment in 5,208
accordance with division (G)(1) of section 2929.13 of the Revised 5,209
Code, the court, pursuant to section 2929.17 of the Revised Code, 5,211
may impose upon the offender a sentence that includes a term of 5,212
electronically monitored house arrest, provided that the term of 5,213
electronically monitored house arrest shall not commence until 5,214
after the offender has served the mandatory term of local
incarceration. 5,215
(ii) IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 5,217
PLEADED GUILTY TO A VIOLATION OF DIVISION (A) OF SECTION 4511.19 5,218
OF THE REVISED CODE UNDER CIRCUMSTANCES IN WHICH THE VIOLATION 5,220
WAS A FELONY, REGARDLESS OF WHEN THE PRIOR VIOLATION AND THE 5,221
PRIOR CONVICTION OR GUILTY PLEA OCCURRED, THE OFFENDER IS GUILTY 5,222
OF A FELONY OF THE THIRD DEGREE. THE COURT SHALL SENTENCE THE 5,223
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 5,224
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY 5,225
PRISON TERM OF SIXTY CONSECUTIVE DAYS OF IMPRISONMENT IN 5,226
ACCORDANCE WITH DIVISION (G)(2) OF SECTION 2929.13 OF THE REVISED 5,227
CODE. 5,228
126
(iii) In addition to all other sanctions imposed ON AN 5,231
OFFENDER UNDER DIVISION (A)(4)(a)(i) OR (ii) OF THIS SECTION, the 5,233
court shall impose upon the offender, pursuant to section 2929.18 5,234
of the Revised Code, a fine of not less than seven EIGHT hundred 5,235
fifty nor more than ten thousand dollars. 5,237
In addition to any other sanction that it imposes upon the 5,240
offender UNDER DIVISION (A)(4)(a)(i) OR (ii) OF THIS SECTION, the 5,242
court shall require the offender to attend an alcohol and drug 5,245
addiction program authorized by section 3793.02 of the Revised 5,246
Code. The cost of the treatment shall be paid by the offender. 5,247
If the court determines that the offender is unable to pay the 5,248
cost of attendance at the treatment program, the court may order 5,249
that payment of the cost of the offender's attendance at the 5,250
treatment program be made from the court's indigent drivers 5,251
alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred 5,253
ten dollars shall be paid to an enforcement and education fund 5,254
established by the legislative authority of the law enforcement 5,255
agency in this state that primarily was responsible for the 5,256
arrest of the offender, as determined by the court that imposes 5,257
the fine. This share shall be used by the agency to pay only 5,258
those costs it incurs in enforcing section 4511.19 of the Revised 5,259
Code or a substantially similar municipal ordinance and in 5,260
informing the public of the laws governing operation of a motor 5,261
vehicle while under the influence of alcohol, the dangers of 5,262
operation of a motor vehicle while under the influence of 5,263
alcohol, and other information relating to the operation of a 5,264
motor vehicle and the consumption of alcoholic beverages. Three 5,265
FOUR hundred ninety FORTY dollars of the fine imposed pursuant to 5,267
this division shall be paid to the political subdivision 5,268
responsible for THAT PAYS THE COST OF housing the offender during 5,269
the offender's term of incarceration. This share shall be used 5,272
by the political subdivision to pay or reimburse incarceration OR 5,273
TREATMENT costs it incurs in housing OR PROVIDING DRUG AND 5,274
127
ALCOHOL TREATMENT TO persons who violate division (A) of section 5,275
4511.19 of the Revised Code or a substantially similar municipal 5,276
ordinance and to pay for ignition interlock devices and 5,277
electronic house arrest equipment for persons who violate that 5,278
section, and shall be paid to the credit of the fund that pays 5,279
the cost of incarceration. The balance of the fine shall be 5,280
disbursed as otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 5,282
operating at the time of the offense is registered in the 5,283
offender's name or in the name of another person, the court, in 5,285
addition to the sanctions imposed under division (A)(4)(a) of 5,286
this section and all other sanctions provided by law and subject 5,288
to section 4503.235 of the Revised Code, shall order the criminal 5,290
forfeiture to the state of the vehicle the offender was operating 5,291
at the time of the offense. The order of criminal forfeiture 5,292
shall be issued and enforced in accordance with section 4503.234 5,293
of the Revised Code. 5,294
(c) As used in division (A)(4)(a) of this section, 5,297
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 5,299
the Revised Code.
If title to a motor vehicle that is subject to an order for 5,301
criminal forfeiture under this section is assigned or transferred 5,302
and division (C)(2) or (3) of section 4503.234 of the Revised 5,303
Code applies, in addition to or independent of any other penalty 5,304
established by law, the court may fine the offender the value of 5,305
the vehicle as determined by publications of the national auto 5,306
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 5,307
(D)(4) of section 4503.234 of the Revised Code. 5,308
(5)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(6), 5,310
(7), OR (8) OF THIS SECTION, THE OFFENDER IS GUILTY OF A 5,312
MISDEMEANOR OF THE FIRST DEGREE, AND THE COURT SHALL SENTENCE THE 5,313
OFFENDER TO ONE OF THE FOLLOWING:
128
(i) A TERM OF IMPRISONMENT OF AT LEAST THREE CONSECUTIVE 5,316
DAYS AND A REQUIREMENT THAT THE OFFENDER ATTEND, FOR THREE 5,318
CONSECUTIVE DAYS, A DRIVERS' INTERVENTION PROGRAM THAT IS 5,319
CERTIFIED PURSUANT TO SECTION 3793.10 OF THE REVISED CODE; 5,320
(ii) IF THE COURT DETERMINES THAT THE OFFENDER IS NOT 5,322
CONDUCIVE TO TREATMENT IN THE PROGRAM, IF THE OFFENDER REFUSES TO 5,324
ATTEND THE PROGRAM, OR IF THE PLACE OF IMPRISONMENT CAN PROVIDE A 5,325
DRIVERS' INTERVENTION PROGRAM, A TERM OF IMPRISONMENT OF AT LEAST 5,326
SIX CONSECUTIVE DAYS.
(b) IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER 5,328
A FINE OF NOT LESS THAN TWO HUNDRED FIFTY AND NOT MORE THAN ONE 5,330
THOUSAND DOLLARS.
THE COURT MAY REQUIRE THE OFFENDER, AS A CONDITION OF 5,332
PROBATION, TO ATTEND AND SATISFACTORILY COMPLETE ANY TREATMENT OR 5,333
EDUCATION PROGRAMS THAT COMPLY WITH THE MINIMUM STANDARDS ADOPTED 5,334
PURSUANT TO CHAPTER 3793. OF THE REVISED CODE BY THE DIRECTOR OF 5,336
ALCOHOL AND DRUG ADDICTION SERVICES, IN ADDITION TO THE REQUIRED 5,337
ATTENDANCE AT A DRIVERS' INTERVENTION PROGRAM, THAT THE OPERATORS 5,338
OF THE DRIVERS' INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER 5,339
SHOULD ATTEND AND TO REPORT PERIODICALLY TO THE COURT ON THE 5,340
OFFENDER'S PROGRESS IN THE PROGRAMS. THE COURT ALSO MAY IMPOSE 5,341
ANY OTHER CONDITIONS OF PROBATION ON THE OFFENDER THAT IT 5,342
CONSIDERS NECESSARY. 5,343
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWENTY-FIVE 5,345
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 5,346
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 5,347
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 5,348
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 5,349
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 5,351
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 5,352
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 5,353
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 5,354
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 5,355
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 5,356
129
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 5,357
CONSUMPTION OF ALCOHOLIC BEVERAGES. FIFTY DOLLARS OF THE FINE 5,358
IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO THE POLITICAL 5,359
SUBDIVISION THAT PAYS THE COST OF HOUSING THE OFFENDER DURING THE 5,360
OFFENDER'S TERM OF INCARCERATION TO THE CREDIT OF THE FUND THAT 5,361
PAYS THE COST OF THE INCARCERATION. THE POLITICAL SUBDIVISION 5,362
SHALL USE THIS SHARE TO PAY OR REIMBURSE INCARCERATION OR 5,363
TREATMENT COSTS IT INCURS IN HOUSING OR PROVIDING DRUG AND 5,364
ALCOHOL TREATMENT TO PERSONS WHO VIOLATE SECTION 4511.19 OF THE 5,365
REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND 5,366
TO PAY FOR IGNITION INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST 5,367
EQUIPMENT FOR PERSONS WHO VIOLATE THAT SECTION. TWENTY-FIVE 5,369
DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE 5,370
DEPOSITED INTO THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND 5,371
OR MUNICIPAL INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE 5,372
CONTROL OF THAT COURT, AS CREATED BY THE COUNTY OR MUNICIPAL 5,373
CORPORATION PURSUANT TO DIVISION (N) OF SECTION 4511.191 OF THE 5,374
REVISED CODE. THE BALANCE OF THE FINE SHALL BE DISBURSED AS 5,375
OTHERWISE PROVIDED BY LAW.
(6)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8) OF 5,378
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 5,379
PLEADED GUILTY TO ONE VIOLATION OF DIVISION (A) OR (B) OF SECTION 5,381
4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO 5,383
OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG 5,384
OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE 5,385
RELATING TO OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION 5,386
OF ALCOHOL IN THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE 5,387
REVISED CODE IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE 5,389
SANCTIONS DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 5,390
2903.06, 2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL 5,391
ORDINANCE THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE 5,393
REVISED CODE IN A CASE IN WHICH THE JURY OR JUDGE FOUND THAT THE 5,395
OFFENDER WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 5,396
130
ALCOHOL AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR 5,397
OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL 5,398
CORPORATION LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY 5,399
SIMILAR TO DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED 5,401
CODE, THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE FIRST 5,402
DEGREE, AND THE COURT SHALL SENTENCE THE OFFENDER TO A TERM OF 5,403
IMPRISONMENT OF TWENTY CONSECUTIVE DAYS AND MAY SENTENCE THE 5,404
OFFENDER PURSUANT TO SECTION 2929.21 OF THE REVISED CODE TO A 5,405
LONGER TERM OF IMPRISONMENT. AS AN ALTERNATIVE TO THE TERM OF 5,407
IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT SUBJECT 5,408
TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE UPON 5,409
THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF IMPRISONMENT 5,410
OF TEN CONSECUTIVE DAYS AND NOT LESS THAN THIRTY-SIX CONSECUTIVE 5,411
DAYS OF ELECTRONICALLY MONITORED HOUSE ARREST AS DEFINED IN 5,412
DIVISION (A) OF SECTION 2929.23 OF THE REVISED CODE. THE TEN 5,413
CONSECUTIVE DAYS OF IMPRISONMENT AND THE PERIOD OF ELECTRONICALLY 5,415
MONITORED HOUSE ARREST SHALL NOT EXCEED SIX MONTHS. THE TEN 5,416
CONSECUTIVE DAYS OF IMPRISONMENT DO NOT HAVE TO BE SERVED PRIOR 5,417
TO OR CONSECUTIVELY WITH THE PERIOD OF ELECTRONICALLY MONITORED 5,418
HOUSE ARREST.
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 5,420
FINE OF NOT LESS THAN THREE HUNDRED FIFTY AND NOT MORE THAN ONE 5,421
THOUSAND FIVE HUNDRED DOLLARS. 5,422
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 5,424
OFFENDER, THE COURT MAY REQUIRE THE OFFENDER TO ATTEND A DRIVERS' 5,425
INTERVENTION PROGRAM THAT IS CERTIFIED PURSUANT TO SECTION 5,426
3793.10 OF THE REVISED CODE. IF THE OFFICIALS OF THE DRIVERS' 5,428
INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER IS ALCOHOL 5,429
DEPENDENT, THEY SHALL NOTIFY THE COURT, AND THE COURT SHALL ORDER 5,430
THE OFFENDER TO OBTAIN TREATMENT THROUGH AN ALCOHOL AND DRUG 5,431
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED 5,433
CODE. THE OFFENDER SHALL PAY THE COST OF THE TREATMENT.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, THIRTY-FIVE 5,435
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 5,436
131
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 5,437
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 5,438
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 5,439
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 5,441
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 5,442
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 5,444
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 5,445
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 5,446
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 5,447
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 5,448
CONSUMPTION OF ALCOHOLIC BEVERAGES. ONE HUNDRED FIFTEEN DOLLARS 5,449
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO 5,450
THE POLITICAL SUBDIVISION THAT PAYS THE COST OF HOUSING THE 5,451
OFFENDER DURING THE OFFENDER'S TERM OF INCARCERATION. THE 5,453
POLITICAL SUBDIVISION SHALL USE THIS SHARE TO PAY OR REIMBURSE 5,454
INCARCERATION OR TREATMENT COSTS IT INCURS IN HOUSING OR 5,455
PROVIDING DRUG AND ALCOHOL TREATMENT TO PERSONS WHO VIOLATE
SECTION 4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY SIMILAR 5,458
MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION INTERLOCK DEVICES AND 5,459
ELECTRONIC HOUSE ARREST EQUIPMENT FOR PERSONS WHO VIOLATE THAT 5,460
SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT OF THE FUND 5,461
THAT PAYS THE COST OF THE INCARCERATION. FIFTY DOLLARS OF THE 5,462
FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE DEPOSITED INTO 5,463
THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND OR MUNICIPAL 5,464
INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE CONTROL OF THAT 5,465
COURT, AS CREATED BY THE COUNTY OR MUNICIPAL CORPORATION PURSUANT 5,466
TO DIVISION (N) OF SECTION 4511.191 OF THE REVISED CODE. THE 5,467
BALANCE OF THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY 5,468
LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 5,470
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 5,471
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 5,473
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(6)(a) OF 5,474
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 5,476
132
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 5,477
IMMOBILIZATION FOR NINETY DAYS OF THE VEHICLE THE OFFENDER WAS 5,479
OPERATING AT THE TIME OF THE OFFENSE AND THE IMPOUNDMENT FOR 5,480
NINETY DAYS OF THE IDENTIFICATION LICENSE PLATES OF THAT VEHICLE. 5,481
THE ORDER FOR THE IMMOBILIZATION AND IMPOUNDMENT SHALL BE ISSUED 5,482
AND ENFORCED IN ACCORDANCE WITH SECTION 4503.233 OF THE REVISED 5,483
CODE.
(7)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8) OF 5,486
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 5,489
PLEADED GUILTY TO TWO VIOLATIONS OF DIVISION (A) OR (B) OF 5,490
SECTION 4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE 5,492
RELATING TO OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF 5,493
ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A 5,494
MUNICIPAL ORDINANCE RELATING TO OPERATING A VEHICLE WITH A 5,495
PROHIBITED CONCENTRATION OF ALCOHOL IN THE BLOOD, BREATH, OR 5,496
URINE, SECTION 2903.04 OF THE REVISED CODE IN A CASE IN WHICH THE 5,498
OFFENDER WAS SUBJECT TO THE SANCTIONS DESCRIBED IN DIVISION (D) 5,499
OF THAT SECTION, SECTION 2903.06, 2903.07, OR 2903.08 OF THE 5,500
REVISED CODE OR A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY 5,501
SIMILAR TO SECTION 2903.07 OF THE REVISED CODE IN A CASE IN WHICH 5,503
THE JURY OR JUDGE FOUND THAT THE OFFENDER WAS UNDER THE INFLUENCE 5,504
OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, OR A 5,506
STATUTE OF THE UNITED STATES OR OF ANY OTHER STATE OR A MUNICIPAL 5,507
ORDINANCE OF A MUNICIPAL CORPORATION LOCATED IN ANY OTHER STATE 5,508
THAT IS SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B) OF SECTION 5,509
4511.19 OF THE REVISED CODE, THE COURT SHALL SENTENCE THE 5,511
OFFENDER TO A TERM OF IMPRISONMENT OF SIXTY CONSECUTIVE DAYS AND
MAY SENTENCE THE OFFENDER TO A LONGER DEFINITE TERM OF 5,512
IMPRISONMENT OF NOT MORE THAN ONE YEAR. AS AN ALTERNATIVE TO THE 5,513
TERM OF IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT 5,514
SUBJECT TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE 5,515
UPON THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF 5,516
IMPRISONMENT OF THIRTY CONSECUTIVE DAYS AND NOT LESS THAN ONE 5,518
133
HUNDRED TEN CONSECUTIVE DAYS OF ELECTRONICALLY MONITORED HOUSE
ARREST AS DEFINED IN DIVISION (A) OF SECTION 2929.23 OF THE 5,520
REVISED CODE. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT AND 5,521
THE PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST SHALL NOT 5,522
EXCEED ONE YEAR. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT DO 5,523
NOT HAVE TO BE SERVED PRIOR TO OR CONSECUTIVELY WITH THE PERIOD 5,524
OF ELECTRONICALLY MONITORED HOUSE ARREST. 5,525
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 5,527
FINE OF NOT LESS THAN FIVE HUNDRED FIFTY AND NOT MORE THAN TWO 5,528
THOUSAND FIVE HUNDRED DOLLARS. 5,529
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 5,531
OFFENDER, THE COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN 5,532
ALCOHOL AND DRUG ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 5,533
OF THE REVISED CODE. THE OFFENDER SHALL PAY THE COST OF THE 5,534
TREATMENT. IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE 5,536
TO PAY THE COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE COURT 5,537
MAY ORDER THAT PAYMENT OF THE COST OF THE OFFENDER'S ATTENDANCE 5,538
AT THE TREATMENT PROGRAM BE MADE FROM THAT COURT'S INDIGENT 5,539
DRIVERS ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, ONE HUNDRED 5,541
TWENTY-THREE DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND 5,542
EDUCATION FUND ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE 5,543
LAW ENFORCEMENT AGENCY IN THIS STATE THAT PRIMARILY WAS 5,544
RESPONSIBLE FOR THE ARREST OF THE OFFENDER, AS DETERMINED BY THE 5,545
COURT THAT IMPOSES THE FINE. THE AGENCY SHALL USE THIS SHARE TO 5,547
PAY ONLY THOSE COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF 5,548
THE REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE 5,550
AND IN INFORMING THE PUBLIC OF THE LAWS GOVERNING THE OPERATION 5,551
OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, THE 5,552
DANGERS OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF 5,553
ALCOHOL, AND OTHER INFORMATION RELATING TO THE OPERATION OF A 5,554
MOTOR VEHICLE AND THE CONSUMPTION OF ALCOHOLIC BEVERAGES. TWO 5,555
HUNDRED SEVENTY-SEVEN DOLLARS OF THE FINE IMPOSED PURSUANT TO 5,556
THIS DIVISION SHALL BE PAID TO THE POLITICAL SUBDIVISION THAT 5,557
134
PAYS THE COST OF HOUSING THE OFFENDER DURING THE OFFENDER'S TERM 5,558
OF INCARCERATION. THE POLITICAL SUBDIVISION SHALL USE THIS SHARE 5,559
TO PAY OR REIMBURSE INCARCERATION OR TREATMENT COSTS IT INCURS IN 5,560
HOUSING OR PROVIDING DRUG AND ALCOHOL TREATMENT TO PERSONS WHO 5,561
VIOLATE SECTION 4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY 5,563
SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION INTERLOCK 5,564
DEVICES AND ELECTRONIC HOUSE ARREST EQUIPMENT FOR PERSONS WHO 5,565
VIOLATE THAT SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT 5,566
OF THE FUND THAT PAYS THE COST OF INCARCERATION. THE BALANCE OF 5,567
THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW. 5,568
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 5,570
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 5,571
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 5,573
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(7)(a) OF 5,574
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 5,576
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 5,577
IMMOBILIZATION FOR ONE HUNDRED EIGHTY DAYS OF THE VEHICLE THE 5,579
OFFENDER WAS OPERATING AT THE TIME OF THE OFFENSE AND THE 5,580
IMPOUNDMENT FOR ONE HUNDRED EIGHTY DAYS OF THE IDENTIFICATION 5,581
LICENSE PLATES OF THAT VEHICLE. THE ORDER FOR THE IMMOBILIZATION 5,582
AND IMPOUNDMENT SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH 5,583
SECTION 4503.233 OF THE REVISED CODE. 5,584
(8)(a)(i) IF, WITHIN SIX YEARS OF THE OFFENSE, THE 5,586
OFFENDER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO THREE OR MORE 5,588
VIOLATIONS OF DIVISION (A) OR (B) OF SECTION 4511.19 OF THE 5,590
REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO OPERATING A
VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 5,591
ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE RELATING TO 5,592
OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION OF ALCOHOL IN 5,593
THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE REVISED CODE 5,595
IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE SANCTIONS 5,596
DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 2903.06, 5,597
2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 5,599
THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE REVISED 5,601
135
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 5,602
AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR OF ANY 5,604
OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL CORPORATION
LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO 5,605
DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED CODE, AND 5,608
IF SENTENCE IS NOT REQUIRED TO BE IMPOSED UNDER DIVISION 5,609
(A)(8)(a)(ii) OF THIS SECTION, THE OFFENDER IS GUILTY OF A FELONY 5,610
OF THE FOURTH DEGREE AND, NOTWITHSTANDING DIVISION (A)(4) OF 5,613
SECTION 2929.14 OF THE REVISED CODE, MAY BE SENTENCED TO A 5,615
DEFINITE PRISON TERM THAT SHALL BE NOT LESS THAN SIX MONTHS AND 5,616
NOT MORE THAN THIRTY MONTHS. THE COURT SHALL SENTENCE THE 5,617
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 5,618
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE EITHER A 5,620
MANDATORY TERM OF LOCAL INCARCERATION OF ONE HUNDRED TWENTY 5,622
CONSECUTIVE DAYS OF IMPRISONMENT IN ACCORDANCE WITH DIVISION 5,623
(G)(1) OF SECTION 2929.13 OF THE REVISED CODE OR A MANDATORY 5,625
PRISON TERM OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,626
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(2) OF THAT SECTION. 5,627
IF THE COURT REQUIRES THE OFFENDER TO SERVE A MANDATORY TERM OF 5,628
LOCAL INCARCERATION OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,629
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(1) OF SECTION 5,630
2929.13 OF THE REVISED CODE, THE COURT, PURSUANT TO SECTION 5,634
2929.17 OF THE REVISED CODE, MAY IMPOSE UPON THE OFFENDER A 5,637
SENTENCE THAT INCLUDES A TERM OF ELECTRONICALLY MONITORED HOUSE
ARREST, PROVIDED THAT THE TERM OF ELECTRONICALLY MONITORED HOUSE 5,638
ARREST SHALL NOT COMMENCE UNTIL AFTER THE OFFENDER HAS SERVED THE 5,639
MANDATORY TERM OF LOCAL INCARCERATION. 5,640
(ii) IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 5,642
PLEADED GUILTY TO A VIOLATION OF DIVISION (A) OF SECTION 4511.19 5,643
OF THE REVISED CODE UNDER CIRCUMSTANCES IN WHICH THE VIOLATION 5,645
WAS A FELONY, REGARDLESS OF WHEN THE PRIOR VIOLATION AND THE 5,646
PRIOR CONVICTION OR GUILTY PLEA OCCURRED, THE OFFENDER IS GUILTY 5,647
OF A FELONY OF THE THIRD DEGREE. THE COURT SHALL SENTENCE THE 5,649
136
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 5,650
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY 5,651
PRISON TERM OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,652
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(2) OF SECTION 5,653
2929.13 OF THE REVISED CODE.
(iii) IN ADDITION TO ALL OTHER SANCTIONS IMPOSED ON AN 5,655
OFFENDER UNDER DIVISION (A)(8)(a)(i) OR (ii) OF THIS SECTION, THE 5,657
COURT SHALL IMPOSE UPON THE OFFENDER, PURSUANT TO SECTION 2929.18 5,658
OF THE REVISED CODE, A FINE OF NOT LESS THAN EIGHT HUNDRED NOR 5,660
MORE THAN TEN THOUSAND DOLLARS. 5,661
IN ADDITION TO ANY OTHER SANCTION THAT IT IMPOSES UPON THE 5,664
OFFENDER UNDER DIVISION (A)(8)(a)(i) OR (ii) OF THIS SECTION, THE 5,665
COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN ALCOHOL AND DRUG 5,668
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED 5,669
CODE. THE COST OF THE TREATMENT SHALL BE PAID BY THE OFFENDER. 5,671
IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE TO PAY THE 5,672
COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE COURT MAY ORDER 5,673
THAT PAYMENT OF THE COST OF THE OFFENDER'S ATTENDANCE AT THE 5,674
TREATMENT PROGRAM BE MADE FROM THE COURT'S INDIGENT DRIVERS 5,675
ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWO HUNDRED 5,677
TEN DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 5,678
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 5,679
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 5,680
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 5,681
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 5,683
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 5,684
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 5,685
THE PUBLIC OF THE LAWS GOVERNING OPERATION OF A MOTOR VEHICLE 5,686
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATION OF 5,687
A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 5,688
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 5,689
CONSUMPTION OF ALCOHOLIC BEVERAGES. FOUR HUNDRED FORTY DOLLARS 5,690
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO 5,691
137
THE POLITICAL SUBDIVISION THAT PAYS THE COST OF HOUSING THE 5,692
OFFENDER DURING THE OFFENDER'S TERM OF INCARCERATION. THE 5,693
POLITICAL SUBDIVISION SHALL USE THIS SHARE TO PAY OR REIMBURSE 5,695
INCARCERATION OR TREATMENT COSTS IT INCURS IN HOUSING OR
PROVIDING DRUG AND ALCOHOL TREATMENT TO PERSONS WHO VIOLATE 5,697
SECTION 4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY SIMILAR 5,698
MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION INTERLOCK DEVICES AND 5,699
ELECTRONIC HOUSE ARREST EQUIPMENT FOR PERSONS WHO VIOLATE THAT 5,700
SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT OF THE FUND 5,701
THAT PAYS THE COST OF INCARCERATION. THE BALANCE OF THE FINE 5,702
SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 5,704
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 5,705
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 5,707
ADDITION TO THE SANCTIONS IMPOSED UNDER DIVISION (A)(8)(a) OF 5,708
THIS SECTION AND ALL OTHER SANCTIONS PROVIDED BY LAW AND SUBJECT 5,710
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE CRIMINAL 5,712
FORFEITURE TO THE STATE OF THE VEHICLE THE OFFENDER WAS OPERATING 5,714
AT THE TIME OF THE OFFENSE. THE ORDER OF CRIMINAL FORFEITURE 5,715
SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH SECTION 4503.234 5,716
OF THE REVISED CODE. 5,717
(c) AS USED IN DIVISION (A)(8)(a) OF THIS SECTION, 5,720
"MANDATORY PRISON TERM" AND "MANDATORY TERM OF LOCAL
INCARCERATION" HAVE THE SAME MEANINGS AS IN SECTION 2929.01 OF 5,722
THE REVISED CODE.
(d) IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO AN 5,724
ORDER FOR CRIMINAL FORFEITURE UNDER THIS SECTION IS ASSIGNED OR 5,726
TRANSFERRED AND DIVISION (C)(2) OR (3) OF SECTION 4503.234 OF THE 5,728
REVISED CODE APPLIES, IN ADDITION TO OR INDEPENDENT OF ANY OTHER 5,730
PENALTY ESTABLISHED BY LAW, THE COURT MAY FINE THE OFFENDER THE 5,731
VALUE OF THE VEHICLE AS DETERMINED BY PUBLICATIONS OF THE
NATIONAL AUTO DEALER'S ASSOCIATION. THE PROCEEDS FROM ANY FINE 5,732
IMPOSED UNDER THIS DIVISION SHALL BE DISTRIBUTED IN ACCORDANCE 5,733
WITH DIVISION (D)(4) OF SECTION 4503.234 OF THE REVISED CODE. 5,735
138
(9)(a) Except as provided in division (A)(5)(9)(b) of this 5,738
section, upon a showing that imprisonment would seriously affect 5,739
the ability of an offender sentenced pursuant to division (A)(1), 5,740
(2), (3), or (4), (5), (6), (7), OR (8) of this section to 5,742
continue the offender's employment, the court may authorize that 5,744
the offender be granted work release from imprisonment after the 5,745
offender has served the three, SIX, ten, or TWENTY, thirty, OR 5,747
SIXTY consecutive days of imprisonment or the mandatory term of 5,749
local incarceration of sixty OR ONE HUNDRED TWENTY consecutive 5,750
days that the court is required by division (A)(1), (2), (3), or 5,752
(4), (5), (6), (7), OR (8) of this section to impose. No court 5,755
shall authorize work release from imprisonment during the three, 5,756
SIX, ten, or TWENTY, thirty, OR SIXTY consecutive days of 5,758
imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty OR ONE HUNDRED TWENTY consecutive 5,759
days that the court is required by division (A)(1), (2), (3), or 5,761
(4), (5), (6), (7), OR (8) of this section to impose. The 5,762
duration of the work release shall not exceed the time necessary 5,763
each day for the offender to commute to and from the place of 5,764
employment and the place of imprisonment and the time actually 5,765
spent under employment. 5,766
(b) An offender who is sentenced pursuant to division 5,768
(A)(2) or, (3), (6), OR (7) of this section to a term of 5,770
imprisonment followed by a period of electronically monitored 5,771
house arrest is not eligible for work release from imprisonment, 5,772
but that person shall be permitted work release during the period 5,773
of electronically monitored house arrest. The duration of the 5,774
work release shall not exceed the time necessary each day for the 5,775
offender to commute to and from the place of employment and the 5,776
offender's home or other place specified by the sentencing court 5,777
and the time actually spent under employment. 5,778
(6)(10) Notwithstanding any section of the Revised Code 5,780
that authorizes the suspension of the imposition or execution of 5,781
a sentence, the placement of an offender in any treatment program 5,783
139
in lieu of imprisonment, or the use of a community control 5,784
sanction for an offender convicted of a felony, no court shall 5,785
suspend the ten or, TWENTY, thirty, OR SIXTY consecutive days of 5,787
imprisonment required to be imposed on an offender by division 5,788
(A)(2) or, (3), (6), OR (7) of this section, no court shall place 5,789
an offender who is sentenced pursuant to division (A)(2), (3), or 5,790
(4), (6), (7), OR (8) of this section in any treatment program in 5,792
lieu of imprisonment until after the offender has served the ten 5,794
or, TWENTY, thirty, OR SIXTY consecutive days of imprisonment or 5,796
the mandatory term of local incarceration or mandatory prison 5,797
term of sixty OR ONE HUNDRED TWENTY consecutive days required to 5,798
be imposed pursuant to division (A)(2), (3), or (4), (6), (7), OR 5,800
(8) of this section, no court that sentences an offender under 5,801
division (A)(4) OR (8) of this section shall impose any sanction 5,803
other than a mandatory term of local incarceration or mandatory 5,804
prison term to apply to the offender until after the offender has 5,805
served the mandatory term of local incarceration or mandatory 5,806
prison term of sixty OR ONE HUNDRED TWENTY consecutive days 5,807
required to be imposed pursuant to division (A)(4) OR (8) of this 5,809
section, and no court that imposes a sentence of imprisonment and 5,810
a period of electronically monitored house arrest upon an 5,811
offender under division (A)(2) or, (3), (6), OR (7) of this 5,813
section shall suspend any portion of the sentence or place the 5,814
offender in any treatment program in lieu of imprisonment or 5,815
electronically monitored house arrest. Notwithstanding any 5,816
section of the Revised Code that authorizes the suspension of the 5,817
imposition or execution of a sentence or the placement of an 5,818
offender in any treatment program in lieu of imprisonment, no 5,819
court, except as specifically authorized by division (A)(1) OR 5,820
(5) of this section, shall suspend the three OR MORE consecutive 5,822
days of imprisonment required to be imposed by division (A)(1) OR 5,824
(5) of this section or place an offender who is sentenced 5,826
pursuant to division (A)(1) OR (5) of this section in any 5,827
treatment program in lieu of imprisonment until after the 5,828
140
offender has served the three OR MORE consecutive days of 5,829
imprisonment required to be imposed pursuant to division (A)(1) 5,830
OR (5) of this section. 5,832
(7)(11) No court shall sentence an offender to an alcohol 5,834
treatment program pursuant to division (A)(1), (2), (3), or (4), 5,835
(5), (6), (7), OR (8) of this section unless the treatment 5,837
program complies with the minimum standards adopted pursuant to 5,838
Chapter 3793. of the Revised Code by the director of alcohol and 5,839
drug addiction services. 5,840
(8)(12) No court shall impose the alternative sentence of 5,842
a term of imprisonment of five consecutive days plus not less 5,843
than eighteen consecutive days A TERM of electronically monitored 5,844
house arrest permitted to be imposed by division (A)(2), (3), 5,845
(6), OR (7) of this section, or the alternative sentence of a 5,847
term of imprisonment of fifteen consecutive days plus not less 5,848
than fifty-five consecutive days of electronically monitored 5,849
house arrest permitted to be imposed pursuant to division (A)(3) 5,850
of this section, unless within sixty days of the date of 5,851
sentencing, the court issues a written finding, entered into the 5,852
record, that due to the unavailability of space at the 5,853
incarceration facility where the offender is required to serve 5,854
the term of imprisonment imposed upon the offender, the offender 5,855
will not be able to commence serving the term of imprisonment 5,857
within the sixty-day period following the date of sentencing. If 5,858
the court issues such a WRITTEN finding, the court may impose the 5,859
alternative sentence comprised of a term of imprisonment and a 5,861
term of electronically monitored house arrest permitted to be 5,862
imposed by division (A)(2) or, (3), (6), OR (7) of this section. 5,864
(B) Whoever violates section 4511.192, 4511.251, or 5,866
4511.85 of the Revised Code is guilty of a misdemeanor of the 5,867
first degree. The court, in addition to or independent of all 5,868
other penalties provided by law, may suspend for a period not to 5,869
exceed one year the driver's or commercial driver's license or 5,870
permit or nonresident operating privilege of any person who 5,871
141
pleads guilty to or is convicted of a violation of section 5,872
4511.192 of the Revised Code. 5,873
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 5,875
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 5,876
guilty of one of the following: 5,877
(1) Except as otherwise provided in division (C)(2) of 5,879
this section, a minor misdemeanor. 5,880
(2) If the offender previously has been convicted of or 5,883
pleaded guilty to one or more violations of section 4511.63, 5,884
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 5,885
Revised Code or a municipal ordinance that is substantially 5,886
similar to any of those sections, a misdemeanor of the fourth 5,889
degree.
(D)(1) Whoever violates any provision of sections 4511.01 5,891
to 4511.76 or section 4511.84 of the Revised Code, for which no 5,892
penalty otherwise is provided in this section is guilty of one of 5,893
the following: 5,894
(a) Except as otherwise provided in division (D)(1)(b), 5,897
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor; 5,899
(b) If, within one year of the offense, the offender 5,901
previously has been convicted of or pleaded guilty to one 5,903
violation of any provision of sections 4511.01 to 4511.76 or 5,905
section 4511.84 of the Revised Code for which no penalty 5,906
otherwise is provided in this section or a municipal ordinance 5,908
that is substantially similar to any provision of sections 5,909
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 5,910
which no penalty otherwise is provided in this section, a 5,911
misdemeanor of the fourth degree; 5,913
(c) If, within one year of the offense, the offender 5,915
previously has been convicted of or pleaded guilty to two or more 5,916
violations of any provision described in division (D)(1)(b) of 5,918
this section or any municipal ordinance that is substantially 5,919
similar to any of those provisions, a misdemeanor of the third 5,920
degree. 5,921
142
(2) When any person is found guilty of a first offense for 5,923
a violation of section 4511.21 of the Revised Code upon a finding 5,924
that the person operated a motor vehicle faster than thirty-five 5,926
miles an hour in a business district of a municipal corporation, 5,927
or faster than fifty miles an hour in other portions, or faster 5,928
than thirty-five miles an hour while passing through a school 5,929
zone during recess or while children are going to or leaving 5,930
school during the opening or closing hours, the person is guilty 5,931
of a misdemeanor of the fourth degree. 5,932
(3) Notwithstanding section 2929.21 of the Revised Code, 5,934
upon a finding that such person operated a motor vehicle in a 5,935
construction zone where a sign was then posted in accordance with 5,936
section 4511.98 of the Revised Code, the court, in addition to 5,937
all other penalties provided by law, shall impose a fine of two 5,938
times the usual amount imposed for the violation. No court shall 5,939
impose a fine of two times the usual amount imposed for the 5,940
violation upon an offender who alleges, in an affidavit filed 5,941
with the court prior to the offender's sentencing, that the 5,942
offender is indigent and is unable to pay the fine imposed 5,943
pursuant to this division, provided the court determines the 5,944
offender is an indigent person and is unable to pay the fine. 5,945
(4) Notwithstanding section 2929.21 of the Revised Code, 5,948
upon a finding that a person operated a motor vehicle in 5,949
violation of division (C) of section 4511.213 of the Revised 5,951
Code, the court, in addition to all other penalties provided by 5,952
law, shall impose a fine of two times the usual amount imposed 5,953
for the violation.
(E) Whenever a person is found guilty in a court of record 5,955
of a violation of section 4511.761, 4511.762, or 4511.77 of the 5,956
Revised Code, the trial judge, in addition to or independent of 5,957
all other penalties provided by law, may suspend for any period 5,958
of time not exceeding three years, or revoke the license of any 5,959
person, partnership, association, or corporation, issued under 5,960
section 4511.763 of the Revised Code. 5,961
143
(F) Whoever violates division (E) or (F) of section 5,963
4511.51, division (A), (D), or (E) of section 4511.521, section 5,964
4511.681, division (A) or (C) of section 4511.69, section 5,965
4511.772, or division (A) or (B) of section 4511.82 of the 5,966
Revised Code is guilty of a minor misdemeanor. 5,967
(G) Whoever violates division (A) of section 4511.75 of 5,969
the Revised Code may be fined an amount not to exceed five 5,970
hundred dollars. A person who is issued a citation for a 5,971
violation of division (A) of section 4511.75 of the Revised Code 5,972
is not permitted to enter a written plea of guilty and waive the 5,973
person's right to contest the citation in a trial, but instead 5,974
must appear in person in the proper court to answer the charge. 5,975
(H)(1) Whoever is a resident of this state and violates 5,977
division (A) or (B) of section 4511.81 of the Revised Code shall 5,978
be punished as follows: 5,979
(a) Except as otherwise provided in division (H)(1)(b) of 5,981
this section, the offender is guilty of a minor misdemeanor. 5,983
(b) If the offender previously has been convicted of or 5,985
pleaded guilty to a violation of division (A) or (B) of section 5,986
4511.81 of the Revised Code or of a municipal ordinance that is 5,988
substantially similar to either of those divisions, the offender 5,989
is guilty of a misdemeanor of the fourth degree. 5,990
(2) Whoever is not a resident of this state, violates 5,992
division (A) or (B) of section 4511.81 of the Revised Code, and 5,993
fails to prove by a preponderance of the evidence that the 5,994
offender's use or nonuse of a child restraint system was in 5,995
accordance with the law of the state of which the offender is a 5,997
resident is guilty of a minor misdemeanor on a first offense; on 5,999
a second or subsequent offense, that person is guilty of a 6,000
misdemeanor of the fourth degree. 6,001
(3) Sixty-five per cent of every fine imposed pursuant to 6,003
division (H)(1) or (2) of this section shall be forwarded to the 6,004
treasurer of state for deposit in the "child highway safety fund" 6,005
created by division (G) of section 4511.81 of the Revised Code. 6,006
144
The balance of the fine shall be disbursed as otherwise provided 6,007
by law. 6,008
(I) Whoever violates section 4511.202 of the Revised Code 6,010
is guilty of operating a motor vehicle without being in control 6,011
of it, a minor misdemeanor. 6,012
(J) Whoever violates division (B) of section 4511.74, 6,014
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 6,015
section 4511.83 of the Revised Code is guilty of a misdemeanor of 6,016
the first degree. 6,017
(K) Except as otherwise provided in this division, whoever 6,019
violates division (E) of section 4511.11, division (A) or (C) of 6,020
section 4511.17, or section 4511.18 of the Revised Code is guilty 6,021
of a misdemeanor of the third degree. If a violation of division 6,022
(A) or (C) of section 4511.17 of the Revised Code creates a risk 6,023
of physical harm to any person, the offender is guilty of a 6,024
misdemeanor of the first degree. A violation of division (A) or 6,025
(C) of section 4511.17 of the Revised Code that causes serious 6,026
physical harm to property that is owned, leased, or controlled by 6,027
a state or local authority is a felony of the fifth degree. 6,029
(L) Whoever violates division (H) of section 4511.69 of 6,031
the Revised Code shall be punished as follows: 6,032
(1) Except as otherwise provided in division (L)(2) of 6,035
this section, the offender shall be issued a warning. 6,036
(2) If the offender previously has been convicted of or 6,038
pleaded guilty to a violation of division (H) of section 4511.69 6,039
of the Revised Code or of a municipal ordinance that is 6,040
substantially similar to that division, the offender shall not be 6,041
issued a warning but shall be fined twenty-five dollars for each 6,042
parking location that is not properly marked or whose markings 6,044
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 6,046
4511.45 of the Revised Code is guilty of a misdemeanor of the 6,047
fourth degree on a first offense; on a second offense within one 6,048
year after the first offense, the person is guilty of a 6,049
145
misdemeanor of the third degree; and on each subsequent offense 6,050
within one year after the first offense, the person is guilty of 6,051
a misdemeanor of the second degree. 6,052
(N)(1) Whoever violates division (B) of section 4511.19 of 6,055
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 6,056
(a) Except as otherwise provided in division (N)(1)(b) of 6,059
this section, the offender is guilty of a misdemeanor of the 6,061
fourth degree.
(b) If, within one year of the offense, the offender has 6,063
been convicted of or pleaded guilty to any violation of division 6,064
(A) or (B) of section 4511.19 of the Revised Code, a municipal 6,065
ordinance relating to operating a vehicle while under the 6,066
influence of alcohol, a drug of abuse, or alcohol and a drug of 6,067
abuse, a municipal ordinance relating to operating a vehicle with 6,068
a prohibited concentration of alcohol in the blood, breath, or 6,069
urine, section 2903.04 of the Revised Code in a case in which the 6,070
offender was subject to the sanctions described in division (D) 6,071
of that section, section 2903.06, 2903.07, or 2903.08 of the 6,072
Revised Code or a municipal ordinance that is substantially 6,073
similar to section 2903.07 of the Revised Code in a case in which 6,074
the jury or judge found that the offender was under the influence 6,075
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,076
statute of the United States or of any other state or a municipal 6,078
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 6,079
4511.19 of the Revised Code, the offender is guilty of a 6,080
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 6,082
provided by law, the offender's driver's or commercial driver's 6,083
license or permit or nonresident operating privilege shall be 6,084
suspended in accordance with, and for the period of time 6,085
specified in, division (E) of section 4507.16 of the Revised 6,086
Code. 6,087
146
(O) Whoever violates section 4511.62 of the Revised Code 6,090
is guilty of a misdemeanor of the fourth degree.
(P) Whoever violates division (F)(1)(a) or (b) of section 6,093
4511.69 of the Revised Code is guilty of a misdemeanor and shall 6,096
be fined not less than two hundred fifty nor more than five
hundred dollars, but in no case shall an offender be sentenced to 6,098
any term of imprisonment. 6,099
Arrest or conviction for a violation of division (F)(1)(a) 6,102
or (b) of section 4511.69 of the Revised Code does not constitute 6,104
a criminal record and need not be reported by the person so 6,105
arrested or convicted in response to any inquiries contained in 6,106
any application for employment, license, or other right or 6,107
privilege, or made in connection with the person's appearance as 6,108
a witness. 6,109
Every fine collected under this division shall be paid by 6,111
the clerk of the court to the political subdivision in which the 6,112
violation occurred. Except as provided in this division, the 6,113
political subdivision shall use the fine moneys it receives under 6,114
this division to pay the expenses it incurs in complying with the 6,116
signage and notice requirements contained in division (E) of
section 4511.69 of the Revised Code. The political subdivision 6,117
may use up to fifty per cent of each fine it receives under this 6,118
division to pay the costs of educational, advocacy, support, and 6,119
assistive technology programs for persons with disabilities, and 6,120
for public improvements within the political subdivision that 6,121
benefit or assist persons with disabilities, if governmental 6,122
agencies or nonprofit organizations offer the programs. 6,123
Sec. 5120.032. (A) No later than January 1, 1998, the 6,133
department of rehabilitation and correction shall develop and 6,135
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this 6,136
section. The intensive program prisons shall include institutions 6,137
at which imprisonment of the type described in division (B)(2)(a) 6,139
of section 5120.031 of the Revised Code is provided and prisons 6,140
147
that focus on educational achievement, vocational training, 6,141
alcohol and other drug abuse treatment, community service and 6,142
conservation work, and other intensive regimens or combinations 6,143
of intensive regimens.
(B)(1) Except as provided in division (B)(2) of this 6,146
section, the department may place a prisoner in an intensive 6,147
program prison established pursuant to division (A) of this 6,148
section subject to the approval of the sentencing judge. At 6,149
least three weeks prior to placing a prisoner in an intensive 6,151
program prison, the department shall give notice of the placement 6,152
and of the fact that the judge may disapprove the placement. If 6,153
the judge disapproves the placement, the judge shall notify the 6,154
department of the disapproval within ten days after receipt of 6,155
the notice. If the judge timely disapproves the placement, the
department shall not proceed with it. If the judge does not 6,156
timely disapprove of the placement, the department may proceed 6,157
with plans for it.
The department may reduce the stated prison term of a 6,160
prisoner upon the prisoner's successful completion of a
ninety-day period in an intensive program prison. A prisoner 6,161
whose term has been so reduced shall be required to serve an 6,163
intermediate, transitional type of detention followed by a 6,164
release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 6,165
sanctions, as described in division (B)(2)(b)(ii) of section 6,166
5120.031 of the Revised Code. In either case, the placement 6,167
under post-release control sanctions shall be under terms set by 6,170
the parole board in accordance with section 2967.28 of the 6,171
Revised Code and shall be subject to the provisions of that 6,174
section with respect to a violation of any post-release control 6,176
sanction.
(2) A prisoner who is in any of the following categories 6,178
is not eligible to participate in an intensive program prison 6,180
established pursuant to division (A) of this section: 6,181
148
(a) The prisoner is serving a prison term for aggravated 6,184
murder, murder, or a felony of the first or second degree or a 6,185
comparable offense under the law in effect prior to the effective 6,187
date of this section JULY 1, 1996, or the prisoner previously has 6,188
been imprisoned for aggravated murder, murder, or a felony of the 6,189
first or second degree or a comparable offense under the law in 6,190
effect prior to the effective date of this section JULY 1, 1996. 6,192
(b) The prisoner is serving a mandatory prison term, as 6,194
defined in section 2929.01 of the Revised Code. 6,195
(c) The prisoner is serving a prison term for a felony of 6,197
the third, fourth, or fifth degree that either is a sex offense, 6,198
an offense betraying public trust, or an offense in which the 6,199
prisoner caused or attempted to cause actual physical harm to a 6,200
person, the prisoner is serving a prison term for a comparable 6,201
offense under the law in effect prior to the effective date of 6,202
this section JULY 1, 1996, or the prisoner previously has been 6,203
imprisoned for an offense of that type or a comparable offense 6,204
under the law in effect prior to the effective date of this 6,205
section JULY 1, 1996. 6,206
(d) The prisoner is serving a mandatory prison term in 6,208
prison for a THIRD OR fourth degree felony OMVI offense, as 6,210
defined in section 2929.01 of the Revised Code, that was imposed 6,211
pursuant to division (G)(2) of section 2929.13 of the Revised 6,212
Code.
(C) Upon the implementation of intensive program prisons 6,214
pursuant to division (A) of this section, the department at all 6,215
times shall maintain intensive program prisons sufficient in 6,216
number to reduce the prison terms of at least three hundred fifty 6,217
prisoners who are eligible for reduction of their stated prison 6,218
terms as a result of their completion of a regimen in an
intensive program prison under this section. 6,220
Sec. 5120.033. (A) As used in this section, "THIRD DEGREE 6,229
FELONY OMVI OFFENSE" AND "fourth degree felony OMVI offense" has 6,233
HAVE the same meaning MEANINGS as in section 2929.01 of the 6,234
149
Revised Code. 6,235
(B) Within eighteen months after the effective date of 6,237
this section OCTOBER 17, 1996, the department of rehabilitation 6,239
and correction shall develop and implement intensive program 6,240
prisons for male and female prisoners who are sentenced pursuant 6,241
to division (G)(2) of section 2929.13 of the Revised Code to a 6,242
mandatory prison term for a THIRD OR fourth degree felony OMVI 6,244
offense. The department shall contract pursuant to section 9.06 6,245
of the Revised Code for the private operation and management of 6,246
the initial intensive program prison established under this 6,247
section and may contract pursuant to that section for the private 6,248
operation and management of any other intensive program prison 6,249
established under this section. The intensive program prisons 6,250
established under this section shall include prisons that focus 6,252
on educational achievement, vocational training, alcohol and 6,253
other drug abuse treatment, community service and conservation 6,254
work, and other intensive regimens or combinations of intensive 6,255
regimens.
(C) Except as provided in division (D) of this section, 6,258
the department may place a prisoner who is sentenced to a
mandatory prison term for a THIRD OR fourth degree felony OMVI 6,259
offense in an intensive program prison established pursuant to 6,262
division (B) of this section if the sentencing judge, upon 6,263
notification by the department of its intent to place the 6,264
prisoner in an intensive program prison, does not notify the 6,265
department that the judge disapproves the placement. If the 6,267
stated prison term imposed on a prisoner who is so placed is 6,268
longer than the mandatory prison term that is required to be 6,269
imposed on the prisoner, the department may reduce the stated
prison term upon the prisoner's successful completion of the 6,271
prisoner's mandatory prison term in an intensive program prison.
A prisoner whose term has been so reduced shall be required to 6,273
serve an intermediate, transitional type of detention followed by 6,274
a release under post-release control sanctions or, in the
150
alternative, shall be placed under post-release control 6,275
sanctions, as described in division (B)(2)(b)(ii) of section 6,276
5120.031 of the Revised Code. In either case, the placement 6,277
under post-release control sanctions shall be under terms set by 6,278
the parole board in accordance with section 2967.28 of the 6,279
Revised Code and shall be subject to the provisions of that 6,280
section with respect to a violation of any post-release control 6,281
sanction. Upon the establishment of the initial intensive 6,282
program prison pursuant to division (B) of this section that is 6,283
privately operated and managed by a contractor pursuant to a
contract entered into under section 9.06 of the Revised Code, the 6,285
department shall comply with divisions (G)(2)(a) and (b) of 6,286
section 2929.13 of the Revised Code in placing prisoners in 6,287
intensive program prisons under this section. 6,289
(D) A prisoner who is sentenced to a mandatory prison term 6,291
for a THIRD OR fourth degree felony OMVI offense is not eligible 6,293
to participate in an intensive program prison established under 6,294
division (B) of this section if any of the following applies
regarding the prisoner: 6,295
(1) In addition to the mandatory prison term for the THIRD 6,297
OR fourth degree felony OMVI offense, the prisoner also is 6,300
serving a prison term of a type described in division (B)(2)(a), 6,301
(b), or (c) of section 5120.032 of the Revised Code. 6,302
(2) The prisoner previously has been imprisoned for an 6,305
offense of a type described in division (B)(2)(a) or (c) of 6,306
section 5120.032 of the Revised Code or a comparable offense 6,307
under the law in effect prior to July 1, 1996.
(E) Intensive program prisons established under division 6,309
(B) of this section are not subject to section 5120.032 of the 6,310
Revised Code.
Sec. 5120.161. (A) Except as provided in division (C) of 6,319
this section, the department of rehabilitation and correction may 6,320
enter into an agreement with any local authority operating a 6,321
county, multicounty, municipal, municipal-county, or 6,322
151
multicounty-municipal jail or workhouse, as described in section 6,323
307.93, 341.21, or 753.16 of the Revised Code, for the housing in 6,324
the jail or workhouse operated by the local authority of persons 6,325
who are convicted of or plead guilty to a felony of the fourth or 6,327
fifth degree if the person previously has not been convicted of 6,329
or pleaded guilty to a felony and if the felony is not an offense 6,331
of violence. The agreement shall specify a per diem fee that the 6,332
department shall pay the local authority for each such person 6,333
housed in the jail or workhouse pursuant to the agreement, shall 6,334
set forth any other terms and conditions for the housing of such 6,335
persons in the jail or workhouse, and shall indicate that the 6,336
department, subject to the relevant terms and conditions set 6,337
forth, may designate those persons to be housed at the jail or 6,338
workhouse.
(B) A person designated by the department to be housed in 6,340
a county, multicounty, municipal, municipal-county, or 6,341
multicounty-municipal jail or workhouse that is the subject of an 6,342
agreement entered into under division (A) of this section shall 6,343
be conveyed by the department to that jail or workhouse and shall 6,344
be kept at the jail or workhouse until the person's term of 6,345
imprisonment expires, the person is pardoned, paroled, or placed 6,348
under a post-release control sanction, or the person is
transferred under the laws permitting the transfer of prisoners. 6,349
The department shall pay the local authority that operates the 6,350
jail or workhouse the per diem fee specified in the agreement for 6,351
each such person housed in the jail or workhouse. Each such 6,352
person housed in the jail or workhouse shall be under the direct 6,353
supervision and control of the keeper, superintendent, or other 6,354
person in charge of the jail or workhouse, but shall be 6,355
considered for all other purposes to be within the custody of the 6,356
department of rehabilitation and correction. Section 2967.193 of 6,358
the Revised Code and all other provisions of the Revised Code 6,360
that pertain to persons within the custody of the department that 6,361
would not by their nature clearly be inapplicable apply to 6,362
152
persons housed pursuant to this section.
(C) The department of rehabilitation and correction shall 6,364
not enter into an agreement pursuant to division (A) of this 6,365
section with any local authority unless the jail or workhouse 6,366
operated by the authority complies with the Minimum Standards for 6,367
Jails in Ohio. 6,368
(D) A court that sentences a person for a felony may 6,370
include as the sentence or part of the sentence, in accordance 6,371
with division (A) of section 2929.16 of the Revised Code and 6,372
regardless of whether the jail or workhouse is the subject of an 6,374
agreement entered into under division (A) of this section, a 6,375
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 6,376
offense and the offender previously has not been convicted of a 6,377
fourth degree felony OMVI offense, a sanction that consists of a 6,379
term of up to one year in a jail less the mandatory term of local 6,381
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days 6,383
imposed pursuant to division (G)(1) of section 2929.13 of the 6,384
Revised Code.
(E) "Fourth degree felony OMVI offense" and "mandatory 6,386
term of local incarceration" have the same meanings as in section 6,387
2929.01 of the Revised Code. 6,388
Section 2. That existing sections 2929.01, 2929.13, 6,391
2929.14, 2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 2929.23,
2929.41, 2937.222, 3793.10, 4503.233, 4503.44, 4507.164, 4511.19, 6,393
4511.191, 4511.99, 5120.032, 5120.033, and 5120.161 of the
Revised Code are hereby repealed. 6,395
Section 3. Section 2929.01 of the Revised Code was amended 6,397
by both H.B. 378 and Am. Sub. S.B. 111 of the 122nd General 6,398
Assembly. Comparison of these amendments in pursuance of section 6,399
1.52 of the Revised Code discloses that while certain of the 6,400
amendments of these acts are reconcilable, certain other of the 6,401
amendments are substantively irreconcilable. H.B. 378 was passed 6,402
on November 13, 1997; S.B. 111 was passed on November 18, 1997. 6,403
153
Section 2929.01 of the Revised Code is therefore presented in 6,404
this act as it results from S.B. 111 and such of the amendments 6,405
of H.B. 378 as are not in conflict with the amendments of S.B. 6,406
111. This is in recognition of the principles stated in division 6,407
(B) of section 1.52 of the Revised Code that amendments are to be 6,408
harmonized where not substantively irreconcilable, and that where 6,409
amendments are substantively irreconcilable, the latest amendment 6,410
is to prevail. This section constitutes a legislative finding 6,411
that such harmonized and reconciled section was the resulting
version in effect prior to the effective date of this act. 6,412
Section 4. Sections 2929.15, 2929.17, and 5120.032 of the 6,415
Revised Code are presented in this act as a composite of the 6,416
sections as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 6,417
166 of the 121st General Assembly, with the new language of 6,418
neither of the acts shown in capital letters. Section 2929.19 of 6,419
the Revised Code is presented in this act as a composite of the 6,420
sections as amended by Am. Sub. S.B. 269, Am. Sub. S.B. 166, and 6,421
Am. Sub. H.B. 180 of the 121st General Assembly, with the new 6,422
language of none of the acts shown in capital letters. Section 6,423
2929.41 of the Revised Code is presented in this act as a 6,424
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 6,425
language of neither of the acts shown in capital letters. 6,426
Section 4503.233 of the Revised Code is presented in this act as 6,428
a composite of the section as amended by both Am. Sub. H.B. 353 6,429
and Am. Sub. H.B. 676 of the 121st General Assembly, with the new 6,430
language of neither of the acts shown in capital letters. 6,431
Section 4511.99 of the Revised Code is presented in this act as a 6,433
composite of the section as amended by both Sub. H.B. 86 and Sub. 6,434
H.B. 148 of the 123rd General Assembly, with the new language of 6,435
neither of the acts shown in capital letters. This is in 6,436
recognition of the principle stated in division (B) of section 6,437
1.52 of the Revised Code that such amendments are to be 6,438
harmonized where not substantively irreconcilable and constitutes 6,439
154
a legislative finding that such is the resulting version in 6,440
effect prior to the effective date of this act. 6,441