As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-TIBERI-
TRAKAS-CORBIN-MEAD-HARTNETT-WINKLER-CLANCY-DAMSCHRODER- 11
STAPLETON-JACOBSON-VESPER-HOOPS-CALVERT-ASLANIDES-PERRY- 12
KREBS-ROMAN-JORDAN-GARDNER-MAIER-BOYD-BARNES 13
_________________________________________________________________ 14
A B I L L
To amend sections 2929.01, 2929.13, 2929.14, 16
2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 17
2929.23, 2929.41, 2937.222, 3793.10, 4503.233, 18
4503.44, 4507.164, 4511.19, 4511.191, 4511.99, 19
5120.032, 5120.033, and 5120.161 of the Revised 20
Code to establish stricter penalties for a person
who commits state OMVI and has a concentration of 21
.17 of one per cent or more by weight of alcohol 22
in the person's blood, a concentration of .17 of 23
one gram or more by weight of alcohol per 210 24
liters of the person's breath, or a concentration
of .238 of one gram or more by weight of alcohol 25
per 100 milliliters of the person's urine, to 26
increase to a felony of the third degree the 27
penalty for a second or subsequent felony 28
conviction of state OMVI, in certain
circumstances to eliminate for state OMVI and for 29
driving under suspension or revocation offenses 30
the prohibition against imposing a term of
imprisonment imposed for a misdemeanor 31
consecutively to a prison term imposed for a
felony, and to provide that when an organization 33
or person renews the registration of a motor
2
vehicle that displays special license plates 34
bearing the International Symbol of Access the
organization or person must present a signed 35
statement from the person's personal physician or 36
chiropractor or documentary evidence of specified
vehicle alterations every fifth year, rather than 37
every year.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 39
Section 1. That sections 2929.01, 2929.13, 2929.14, 41
2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 2929.41, 42
2937.222, 3793.10, 4503.233, 4503.44, 4507.164, 4511.19, 44
4511.191, 4511.99, 5120.032, 5120.033, and 5120.161 of the 46
Revised Code be amended to read as follows:
Sec. 2929.01. As used in this chapter: 56
(A)(1) "Alternative residential facility" means, subject 58
to division (A)(2) of this section, any facility other than an 59
offender's home or residence in which an offender is assigned to 60
live and that satisfies all of the following criteria: 61
(a) It provides programs through which the offender may 63
seek or maintain employment or may receive education, training, 64
treatment, or habilitation. 65
(b) It has received the appropriate license or certificate 67
for any specialized education, training, treatment, habilitation, 68
or other service that it provides from the government agency that 69
is responsible for licensing or certifying that type of 70
education, training, treatment, habilitation, or service. 71
(2) "Alternative residential facility" does not include a 74
community-based correctional facility, jail, halfway house, or 75
prison.
(B) "Bad time" means the time by which the parole board 77
administratively extends an offender's stated prison term or 78
terms pursuant to section 2967.11 of the Revised Code because the 79
3
parole board finds by clear and convincing evidence that the 80
offender, while serving the prison term or terms, committed an 81
act that is a criminal offense under the law of this state or the 82
United States, whether or not the offender is prosecuted for the 84
commission of that act.
(C) "Basic supervision" means a requirement that the 87
offender maintain contact with a person appointed to supervise 89
the offender in accordance with sanctions imposed by the court or 90
imposed by the parole board pursuant to section 2967.28 of the 91
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 93
"unit dose" have the same meanings as in section 2925.01 of the 94
Revised Code.
(E) "Community-based correctional facility" means a 97
community-based correctional facility and program or district 98
community-based correctional facility and program developed 99
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 100
(F) "Community control sanction" means a sanction that is 103
not a prison term and that is described in section 2929.15, 104
2929.16, 2929.17, or 2929.18 of the Revised Code. 105
(G) "Criminally injurious conduct" means any conduct of 108
the type that is described in division (C)(1) or (2) of section 109
2743.51 of the Revised Code and that occurs on or after July 1, 110
1996, or any activity that is described in divisions (C)(3) and 111
(R) of section 2743.51 of the Revised Code and that occurs on or 112
after the effective date of this amendment MARCH 10, 1998. 114
(H) "Controlled substance," "marihuana," "schedule I," and 116
"schedule II" have the same meanings as in section 3719.01 of the 118
Revised Code.
(I) "Curfew" means a requirement that an offender during a 121
specified period of time be at a designated place. 122
(J) "Day reporting" means a sanction pursuant to which an 125
offender is required each day to report to and leave a center or 126
other approved reporting location at specified times in order to 127
4
participate in work, education or training, treatment, and other 128
approved programs at the center or outside the center. 129
(K) "Deadly weapon" has the same meaning as in section 132
2923.11 of the Revised Code. 133
(L) "Drug and alcohol use monitoring" means a program 136
under which an offender agrees to submit to random chemical 137
analysis of the offender's blood, breath, or urine to determine 138
whether the offender has ingested any alcohol or other drugs. 139
(M) "Drug treatment program" means any program under which 142
a person undergoes assessment and treatment designed to reduce or 144
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 145
which the person may be required to receive assessment and 147
treatment on an outpatient basis or may be required to reside at 148
a facility other than the person's home or residence while
undergoing assessment and treatment. 149
(N) "Economic loss" means any economic detriment suffered 152
by a victim as a result of criminally injurious conduct and 153
includes any loss of income due to lost time at work because of 154
any injury caused to the victim, and any property loss, medical 155
cost, or funeral expense incurred as a result of the criminally 156
injurious conduct.
(O) "Education or training" includes study at, or in 159
conjunction with a program offered by, a university, college, or 160
technical college or vocational study and also includes the 161
completion of primary school, secondary school, and literacy 162
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 165
meaning as in section 2929.23 of the Revised Code. 166
(Q) "Eligible offender" has the same meaning as in section 169
2929.23 of the Revised Code except as otherwise specified in 170
section 2929.20 of the Revised Code. 171
(R) "Firearm" has the same meaning as in section 2923.11 174
of the Revised Code.
5
(S) "Halfway house" means a facility licensed by the 177
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 179
Revised Code as a suitable facility for the care and treatment of 180
adult offenders.
(T) "House arrest" means a period of confinement of an 182
eligible offender that is in the eligible offender's home or in 183
other premises specified by the sentencing court or by the parole 184
board pursuant to section 2967.28 of the Revised Code, that may 185
be electronically monitored house arrest, and during which all of 186
the following apply: 187
(1) The eligible offender is required to remain in the 189
eligible offender's home or other specified premises for the 191
specified period of confinement, except for periods of time 192
during which the eligible offender is at the eligible offender's 193
place of employment or at other premises as authorized by the 195
sentencing court or by the parole board.
(2) The eligible offender is required to report 198
periodically to a person designated by the court or parole board. 199
(3) The eligible offender is subject to any other 201
restrictions and requirements that may be imposed by the 202
sentencing court or by the parole board. 203
(U) "Intensive supervision" means a requirement that an 206
offender maintain frequent contact with a person appointed by the 207
court, or by the parole board pursuant to section 2967.28 of the 208
Revised Code, to supervise the offender while the offender is 209
seeking or maintaining necessary employment and participating in 210
training, education, and treatment programs as required in the 211
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 214
or other residential facility used for the confinement of alleged 215
or convicted offenders that is operated by a political 216
subdivision or a combination of political subdivisions of this 217
state.
6
(W) "Delinquent child" has the same meaning as in section 219
2151.02 of the Revised Code. 220
(X) "License violation report" means a report that is made 223
by a sentencing court, or by the parole board pursuant to section 224
2967.28 of the Revised Code, to the regulatory or licensing board 226
or agency that issued an offender a professional license or a 227
license or permit to do business in this state and that specifies 228
that the offender has been convicted of or pleaded guilty to an 229
offense that may violate the conditions under which the 230
offender's professional license or license or permit to do 231
business in this state was granted or an offense for which the 232
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 233
(Y) "Major drug offender" means an offender who is 236
convicted of or pleads guilty to the possession of, sale of, or 237
offer to sell any drug, compound, mixture, preparation, or 238
substance that consists of or contains at least one thousand 239
grams of hashish; at least one hundred grams of crack cocaine; at 240
least one thousand grams of cocaine that is not crack cocaine; at 241
least two hundred fifty grams of heroin; at least five thousand 242
unit doses of L.S.D.; or at least one hundred times the amount of 244
any other schedule I or II controlled substance other than 245
marihuana that is necessary to commit a felony of the third 246
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 247
2925.11 of the Revised Code that is based on the possession of, 248
sale of, or offer to sell the controlled substance. 249
(Z) "Mandatory prison term" means one any of the 251
following:
(1) Subject to division (DD)(Z)(2) of this section, the 254
term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10) of 255
section 2929.13 and division (D) of section 2929.14 of the 256
Revised Code. Except as provided in sections 2925.02, 2925.03, 258
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the 259
7
maximum or another specific term is required under section 260
2929.14 of the Revised Code, a mandatory prison term described in 261
this division may be any prison term authorized for the level of 262
offense.
(2) The term of sixty OR ONE HUNDRED TWENTY days in prison 264
that a sentencing court is required to impose for a THIRD OR 265
fourth degree felony OMVI offense pursuant to division (G)(2) of 268
section 2929.13 and division (A)(4) OR (8) of section 4511.99 of 269
the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03 271
of the Revised Code for the offenses and in the circumstances 272
described in division (F)(9) of section 2929.13 of the Revised 273
Code and that term as modified or terminated pursuant to section 275
2971.05 of the Revised Code.
(AA) "Monitored time" means a period of time during which 278
an offender continues to be under the control of the sentencing 279
court or parole board, subject to no conditions other than 280
leading a law-abiding life.
(BB) "Offender" means a person who, in this state, is 283
convicted of or pleads guilty to a felony or a misdemeanor. 284
(CC) "Prison" means a residential facility used for the 287
confinement of convicted felony offenders that is under the 288
control of the department of rehabilitation and correction but 289
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. 290
(DD) "Prison term" includes any of the following sanctions 292
for an offender:
(1) A stated prison term; 294
(2) A term in a prison shortened by, or with the approval 297
of, the sentencing court pursuant to section 2929.20, 2967.26, 298
5120.031, 5120.032, or 5120.073 of the Revised Code; 299
(3) A term in prison extended by bad time imposed pursuant 302
to section 2967.11 of the Revised Code or imposed for a violation 303
of post-release control pursuant to section 2967.28 of the 304
8
Revised Code.
(EE) "Repeat violent offender" means a person about whom 307
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 310
to, and is being sentenced for committing, for complicity in 311
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 312
other than one set forth in Chapter 2925. of the Revised Code, a 314
felony of the first degree set forth in Chapter 2925. of the 315
Revised Code that involved an attempt to cause serious physical 316
harm to a person or that resulted in serious physical harm to a 317
person, or a felony of the second degree that involved an attempt 318
to cause serious physical harm to a person or that resulted in 320
serious physical harm to a person.
(2) Either of the following applies: 322
(a) The person previously was convicted of or pleaded 324
guilty to, and served a prison term for, any of the following: 325
(i) Aggravated murder, murder, involuntary manslaughter, 327
rape, felonious sexual penetration as it existed under section 329
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 330
death of a person or in physical harm to a person, or complicity 331
in or an attempt to commit any of those offenses; 332
(ii) An offense under an existing or former law of this 335
state, another state, or the United States that is or was 336
substantially equivalent to an offense listed under division 337
(EE)(2)(a)(i) of this section.
(b) The person previously was adjudicated a delinquent 339
child for committing an act that if committed by an adult would 340
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 342
this section, the person was committed to the department of youth 343
services for that delinquent act, and the juvenile court in which 344
the person was adjudicated a delinquent child made a specific 345
finding that the adjudication should be considered a conviction 347
9
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 348
(FF) "Sanction" means any penalty imposed upon an offender 351
who is convicted of or pleads guilty to an offense, as punishment 352
for the offense. "Sanction" includes any sanction imposed 353
pursuant to any provision of sections 2929.14 to 2929.18 of the 354
Revised Code.
(GG) "Sentence" means the sanction or combination of 357
sanctions imposed by the sentencing court on an offender who is 358
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 361
prison term, or combination of all prison terms and mandatory 362
prison terms imposed by the sentencing court pursuant to section 363
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 364
includes any credit received by the offender for time spent in 365
jail awaiting trial, sentencing, or transfer to prison for the 366
offense and any time spent under house arrest or electronically 367
monitored house arrest imposed after earning credits pursuant to 368
section 2967.193 of the Revised Code. 369
(II) "Victim-offender mediation" means a reconciliation or 372
mediation program that involves an offender and the victim of the 373
offense committed by the offender and that includes a meeting in 374
which the offender and the victim may discuss the offense, 375
discuss restitution, and consider other sanctions for the 376
offense.
(JJ) "Fourth degree felony OMVI offense" means a violation 379
of division (A) of section 4511.19 of the Revised Code that, 381
under section 4511.99 of the Revised Code, is a felony of the 383
fourth degree.
(KK) "Mandatory term of local incarceration" means the 386
term of sixty OR ONE HUNDRED TWENTY days in a jail, a 387
community-based correctional facility, a halfway house, or an 388
alternative residential facility that a sentencing court is 389
required to MAY impose upon a person who is convicted of or 391
10
pleads guilty to a fourth degree felony OMVI offense pursuant to 392
division (G)(1) of section 2929.13 of the Revised Code and 393
division (A)(4) OR (8) of section 4511.99 of the Revised Code. 394
(LL) "Designated homicide, assault, or kidnapping 396
offense," "sexual motivation specification," "sexually violent 397
offense," "sexually violent predator," and "sexually violent 398
predator specification" have the same meanings as in section 399
2971.01 of the Revised Code.
(MM) "Habitual sex offender," "sexually oriented offense," 402
and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code. 403
(NN) "THIRD DEGREE FELONY OMVI OFFENSE" MEANS A VIOLATION 406
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 407
THIRD DEGREE.
Sec. 2929.13. (A) Except as provided in division (E), 417
(F), or (G) of this section and unless a specific sanction is 418
required to be imposed or is precluded from being imposed 419
pursuant to law, a court that imposes a sentence upon an offender 420
for a felony may impose any sanction or combination of sanctions 421
on the offender that are provided in sections 2929.14 to 2929.18 422
of the Revised Code. The sentence shall not impose an 423
unnecessary burden on state or local government resources. 424
If the offender is eligible to be sentenced to community 426
control sanctions, the court shall consider the appropriateness 428
of imposing a financial sanction pursuant to section 2929.18 of 429
the Revised Code or a sanction of community service pursuant to 431
section 2929.17 of the Revised Code as the sole sanction for the 432
offense. Except as otherwise provided in this division, if the 433
court is required to impose a mandatory prison term for the 434
offense for which sentence is being imposed, the court also may 435
impose a financial sanction pursuant to section 2929.18 of the 436
Revised Code but may not impose any additional sanction or 437
combination of sanctions under section 2929.16 or 2929.17 of the 438
11
Revised Code. 439
If the offender is being sentenced for a fourth degree 441
felony OMVI offense OR FOR A THIRD DEGREE FELONY OMVI OFFENSE, in 443
addition to the mandatory term of local incarceration or the 444
mandatory prison term required for the offense by division (G)(1) 446
or (2) of this section, the court shall impose upon the offender 447
a mandatory fine in accordance with division (B)(3) of section 448
2929.18 of the Revised Code and may impose whichever of the 450
following is applicable:
(1) If FOR A FOURTH DEGREE FELONY OMVI OFFENSE FOR WHICH 452
SENTENCE IS IMPOSED UNDER division (G)(1) of this section 453
requires that the offender be sentenced to a mandatory term of 455
local incarceration, an additional community control sanction or 457
combination of community control sanctions under section 2929.16
or 2929.17 of the Revised Code; 459
(2) If FOR A THIRD OR FOURTH DEGREE FELONY OMVI OFFENSE 461
FOR WHICH SENTENCE IS IMPOSED UNDER division (G)(2) of this 463
section requires that the offender be sentenced to a mandatory 465
prison term, an additional prison term as described in division 466
(D)(4) of section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 469
(G) of this section, in sentencing an offender for a felony of 470
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 472
(a) In committing the offense, the offender caused 474
physical harm to a person. 475
(b) In committing the offense, the offender attempted to 478
cause or made an actual threat of physical harm to a person with 479
a deadly weapon.
(c) In committing the offense, the offender attempted to 482
cause or made an actual threat of physical harm to a person, and 483
the offender previously was convicted of an offense that caused 484
physical harm to a person.
(d) The offender held a public office or position of trust 487
12
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 488
or to bring those committing it to justice; or the offender's 489
professional reputation or position facilitated the offense or 490
was likely to influence the future conduct of others. 491
(e) The offender committed the offense for hire or as part 493
of an organized criminal activity. 494
(f) The offense is a sex offense that is a fourth or fifth 497
degree felony violation of section 2907.03, 2907.04, 2907.05, 498
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 499
Revised Code.
(g) The offender previously served a prison term. 501
(h) The offender previously was subject to a community 503
control sanction, and the offender committed another offense 505
while under the sanction.
(2)(a) If the court makes a finding described in division 508
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 509
and if the court, after considering the factors set forth in 510
section 2929.12 of the Revised Code, finds that a prison term is 512
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 514
offender is not amenable to an available community control 515
sanction, the court shall impose a prison term upon the offender. 516
(b) Except as provided in division (E), (F), or (G) of 518
this section, if the court does not make a finding described in 520
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 521
section and if the court, after considering the factors set forth 522
in section 2929.12 of the Revised Code, finds that a community 524
control sanction or combination of community control sanctions is 526
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 529
impose a community control sanction or combination of community 530
control sanctions upon the offender. 531
(C) Except as provided in division (E) or, (F), OR (G) of 534
13
this section, in determining whether to impose a prison term as a 536
sanction for a felony of the third degree or a felony drug 537
offense that is a violation of a provision of Chapter 2925. of 539
the Revised Code and that is specified as being subject to this 542
division for purposes of sentencing, the sentencing court shall 543
comply with the purposes and principles of sentencing under 544
section 2929.11 of the Revised Code and with section 2929.12 of 547
the Revised Code.
(D) Except as provided in division (E) or (F) of this 550
section, for a felony of the first or second degree and for a 551
felony drug offense that is a violation of any provision of 552
Chapter 2925., 3719., or 4729. of the Revised Code for which a 553
presumption in favor of a prison term is specified as being 554
applicable, it is presumed that a prison term is necessary in 555
order to comply with the purposes and principles of sentencing 556
under section 2929.11 of the Revised Code. Notwithstanding the 557
presumption established under this division, the sentencing court 558
may impose a community control sanction or a combination of 559
community control sanctions instead of a prison term on an 560
offender for a felony of the first or second degree or for a 561
felony drug offense that is a violation of any provision of 562
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 563
applicable if it makes both of the following findings: 565
(1) A community control sanction or a combination of 567
community control sanctions would adequately punish the offender 569
and protect the public from future crime, because the applicable 570
factors under section 2929.12 of the Revised Code indicating a 572
lesser likelihood of recidivism outweigh the applicable factors 574
under that section indicating a greater likelihood of recidivism. 576
(2) A community control sanction or a combination of 578
community control sanctions would not demean the seriousness of 580
the offense, because one or more factors under section 2929.12 of 581
the Revised Code that indicate that the offender's conduct was 582
14
less serious than conduct normally constituting the offense are 583
applicable, and they outweigh the applicable factors under that 584
section that indicate that the offender's conduct was more 585
serious than conduct normally constituting the offense. 586
(E)(1) Except as provided in division (F) of this section, 589
for any drug offense that is a violation of any provision of 590
Chapter 2925. of the Revised Code and that is a felony of the 591
third, fourth, or fifth degree, the applicability of a 592
presumption under division (D) of this section in favor of a 593
prison term or of division (B) or (C) of this section in 594
determining whether to impose a prison term for the offense shall 596
be determined as specified in section 2925.02, 2925.03, 2925.04, 597
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 598
2925.36, or 2925.37 of the Revised Code, whichever is applicable 601
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 603
to a felony drug offense in violation of a provision of Chapter 604
2925., 3719., or 4729. of the Revised Code violates the 605
conditions of a community control sanction imposed for the 606
offense solely by possessing or using a controlled substance and 608
if the offender has not failed to meet the conditions of any drug 609
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 610
punishment for the violation of the sanction, shall order that 611
the offender participate in a drug treatment program or in 612
alcoholics anonymous, narcotics anonymous, or a similar program 613
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 614
forth in section 2929.11 of the Revised Code. If the court 615
determines that an order of that nature would not be consistent 616
with those purposes and principles or if the offender violated 617
the conditions of a drug treatment program in which the offender 618
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 619
15
sanction, including a prison term. 620
(F) Notwithstanding divisions (A) to (E) of this section, 623
the court shall impose a prison term or terms under sections 624
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 625
Revised Code and except as specifically provided in section 626
2929.20 of the Revised Code or when parole is authorized for the 627
offense under section 2967.13 of the Revised Code, shall not 628
reduce the terms pursuant to section 2929.20, section 2967.193, 629
or any other provision of Chapter 2967. or Chapter 5120. of the 631
Revised Code for any of the following offenses: 632
(1) Aggravated murder when death is not imposed or murder; 634
(2) Any rape, regardless of whether force was involved and 636
regardless of the age of the victim, or an attempt to commit rape 637
by force when the victim is under thirteen years of age; 640
(3) Gross sexual imposition or sexual battery, if the 642
victim is under thirteen years of age, if the offender previously 644
was convicted of or pleaded guilty to rape, the former offense of 645
felonious sexual penetration, gross sexual imposition, or sexual 646
battery, and if the victim of the previous offense was under 648
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, 650
2903.08, 2903.11, 2903.12, or 2903.13 of the Revised Code if the 651
section requires the imposition of a prison term; 653
(5) A first, second, or third degree felony drug offense 656
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 657
4729.99 of the Revised Code, whichever is applicable regarding 659
the violation, requires the imposition of a mandatory prison 660
term;
(6) Any offense that is a first or second degree felony 662
and that is not set forth in division (F)(1), (2), (3), or (4) of 664
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 666
degree felony, or an offense under an existing or former law of 667
16
this state, another state, or the United States that is or was 668
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 670
of the Revised Code, that is a felony, if the offender had a 671
firearm on or about the offender's person or under the offender's 672
control while committing the felony, with respect to a portion of 673
the sentence imposed pursuant to division (D)(1)(a) of section 675
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 677
the Revised Code when the most serious offense in the pattern of 679
corrupt activity that is the basis of the offense is a felony of 680
the first degree;
(9) Any sexually violent offense for which the offender 682
also is convicted of or pleads guilty to a sexually violent 683
predator specification that was included in the indictment, count 684
in the indictment, or information charging the sexually violent 685
offense;
(10) A violation of division (A)(1) or (2) of section 687
2921.36 of the Revised Code, or a violation of division (C) of 688
that section involving an item listed in division (A)(1) or (2) 689
of that section, if the offender is an officer or employee of the 690
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 693
if an offender is being sentenced for a fourth degree felony OMVI 694
offense OR FOR A THIRD DEGREE FELONY OMVI OFFENSE, the court 695
shall impose upon the offender a mandatory term of local 696
incarceration or a mandatory prison term in accordance with the
following: 697
(1) Except as provided in division (G)(2) of this section 699
IF THE OFFENDER IS BEING SENTENCED FOR A FOURTH DEGREE FELONY 700
OMVI OFFENSE, the court shall MAY impose upon the offender a 702
mandatory term of local incarceration of sixty days as specified 704
in division (A)(4) of section 4511.99 of the Revised Code and OR 705
A MANDATORY TERM OF LOCAL INCARCERATION OF ONE HUNDRED TWENTY 706
17
DAYS AS SPECIFIED IN DIVISION (A)(8) OF THAT SECTION. THE COURT 707
shall not reduce the term pursuant to section 2929.20, 2967.193, 708
or any other provision of the Revised Code. The court that 709
imposes a mandatory term of local incarceration under this 710
division shall specify whether the term is to be served in a
jail, a community-based correctional facility, a halfway house, 712
or an alternative residential facility, and the offender shall 713
serve the term in the type of facility specified by the court. 714
The court shall not sentence the offender to a prison term and 715
shall not specify that the offender is to serve the mandatory 716
term of local incarceration in prison. A mandatory term of local 717
incarceration imposed under division (G)(1) of this section is 718
not subject to extension under section 2967.11 of the Revised 719
Code, to a period of post-release control under section 2967.28 720
of the Revised Code, or to any other Revised Code provision that 721
pertains to a prison term.
(2) If the offender previously has been sentenced to a 723
mandatory term of local incarceration pursuant to division (G)(1) 724
of this section for a fourth IS BEING SENTENCED FOR A THIRD 725
degree felony OMVI offense, OR IF THE OFFENDER IS BEING SENTENCED 727
FOR A FOURTH DEGREE FELONY OMVI OFFENSE AND THE COURT DOES NOT 728
IMPOSE A MANDATORY TERM OF LOCAL INCARCERATION UNDER DIVISION 729
(G)(1) OF THIS SECTION, the court shall impose upon the offender 730
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 731
PRISON TERM OF ONE HUNDRED TWENTY DAYS AS SPECIFIED IN DIVISION 734
(A)(8) OF THAT SECTION. THE COURT shall not reduce the term
pursuant to section 2929.20, 2967.193, or any other provision of 736
the Revised Code. In no case shall an offender who once has been 737
sentenced to a mandatory term of local incarceration pursuant to 738
division (G)(1) of this section for a fourth degree felony OMVI 739
offense be sentenced to another mandatory term of local 740
incarceration under that division for a fourth degree felony OMVIoffense ANY VIOLATION OF DIVISION (A) OF SECTION 4511.19 OF THE 742
18
REVISED CODE. The court shall not sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of 743
the Revised Code. The department of rehabilitation and 744
correction may place an offender sentenced to a mandatory prison 745
term under this division in an intensive program prison 746
established pursuant to section 5120.033 of the Revised Code if 747
the department gave the sentencing judge prior notice of its
intent to place the offender in an intensive program prison 748
established under that section and if the judge did not notify 749
the department that the judge disapproved the placement. Upon 750
the establishment of the initial intensive program prison 751
pursuant to section 5120.033 of the Revised Code that is
privately operated and managed by a contractor pursuant to a 753
contract entered into under section 9.06 of the Revised Code, 754
both of the following apply:
(a) The department of rehabilitation and correction shall 756
make a reasonable effort to ensure that a sufficient number of 757
offenders sentenced to a mandatory prison term under this 758
division are placed in the privately operated and managed prison 759
so that the privately operated and managed prison has full 760
occupancy.
(b) Unless the privately operated and managed prison has 762
full occupancy, the department of rehabilitation and correction 763
shall not place any offender sentenced to a mandatory prison term 764
under this division in any intensive program prison established 765
pursuant to section 5120.033 of the Revised Code other than the 767
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 770
oriented offense committed on or after January 1, 1997, the judge 771
shall require the offender to submit to a DNA specimen collection 773
procedure pursuant to section 2901.07 of the Revised Code if 775
either of the following applies:
(1) The offense was a sexually violent offense, and the 777
offender also was convicted of or pleaded guilty to a sexually 778
19
violent predator specification that was included in the 779
indictment, count in the indictment, or information charging the 780
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 782
offense determines pursuant to division (B) of section 2950.09 of 783
the Revised Code that the offender is a sexual predator. 784
(I) If an offender is being sentenced for a sexually 787
oriented offense committed on or after January 1, 1997, the judge 788
shall include in the sentence a summary of the offender's duty to 790
register pursuant to section 2950.04 of the Revised Code, the 791
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 792
section 2950.05 of the Revised Code, the offender's duty to 793
periodically verify the offender's current residence address 794
pursuant to section 2950.06 of the Revised Code, and the duration 795
of the duties. The judge shall inform the offender, at the time 796
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 798
Code, shall perform the duties specified in that section. 799
Sec. 2929.14. (A) Except as provided in division (C), 809
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 810
relation to an offense for which a sentence of death or life 811
imprisonment is to be imposed, if the court imposing a sentence 812
upon an offender for a felony elects or is required to impose a 813
prison term on the offender pursuant to this chapter and is not 814
prohibited by division (G)(1) of section 2929.13 of the Revised 815
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 817
(1) For a felony of the first degree, the prison term 819
shall be three, four, five, six, seven, eight, nine, or ten 820
years. 821
(2) For a felony of the second degree, the prison term 823
shall be two, three, four, five, six, seven, or eight years. 824
(3) For a felony of the third degree, the prison term 826
20
shall be one, two, three, four, or five years. 827
(4) For a felony of the fourth degree, the prison term 829
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 830
fourteen, fifteen, sixteen, seventeen, or eighteen months. 831
(5) For a felony of the fifth degree, the prison term 833
shall be six, seven, eight, nine, ten, eleven, or twelve months. 835
(B) Except as provided in division (C), (D)(2), (D)(3), or 838
(G) of this section, in section 2907.02 of the Revised Code, or 839
in Chapter 2925. of the Revised Code, if the court imposing a 841
sentence upon an offender for a felony elects or is required to 842
impose a prison term on the offender and if the offender 843
previously has not served a prison term, the court shall impose 844
the shortest prison term authorized for the offense pursuant to 845
division (A) of this section, unless the court finds on the 846
record that the shortest prison term will demean the seriousness 847
of the offender's conduct or will not adequately protect the 848
public from future crime by the offender or others. 849
(C) Except as provided in division (G) of this section or 851
in Chapter 2925. of the Revised Code, the court imposing a 852
sentence upon an offender for a felony may impose the longest 853
prison term authorized for the offense pursuant to division (A) 854
of this section only upon offenders who committed the worst forms 855
of the offense, upon offenders who pose the greatest likelihood 856
of committing future crimes, upon certain major drug offenders 857
under division (D)(3) of this section, and upon certain repeat 858
violent offenders in accordance with division (D)(2) of this 860
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 862
this section, if an offender who is convicted of or pleads guilty 863
to a felony also is convicted of or pleads guilty to a 864
specification of the type described in section 2941.144 of the 865
Revised Code that charges the offender with having a firearm that 867
is an automatic firearm or that was equipped with a firearm 868
muffler or silencer on or about the offender's person or under 870
21
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 871
Revised Code that charges the offender with having a firearm on 872
or about the offender's person or under the offender's control 873
while committing the offense and displaying the firearm, 875
brandishing the firearm, indicating that the offender possessed 876
the firearm, or using it to facilitate the offense, or a 878
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 880
or about the offender's person or under the offender's control 881
while committing the felony, the court, after imposing a prison 882
term on the offender for the felony under division (A), (D)(2), 884
or (D)(3) of this section, shall impose an additional prison 885
term, determined pursuant to this division, that shall not be 886
reduced pursuant to section 2929.20, section 2967.193, or any 887
other provision of Chapter 2967. or Chapter 5120. of the Revised 888
Code. If the specification is of the type described in section 890
2941.144 of the Revised Code, the additional prison term shall be 891
six years. If the specification is of the type described in 893
section 2941.145 of the Revised Code, the additional prison term 895
shall be three years. If the specification is of the type 896
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 898
than one additional prison term on an offender under this 899
division for felonies committed as part of the same act or 900
transaction. If a court imposes an additional prison term under 901
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 902
division.
(ii) Except as provided in division (D)(1)(b) of this 905
section, if an offender who is convicted of or pleads guilty to a 906
violation of section 2923.161 of the Revised Code or to a felony 908
that includes, as an essential element, purposely or knowingly 909
causing or attempting to cause the death of or physical harm to 910
22
another, also is convicted of or pleads guilty to a specification 911
of the type described in section 2941.146 of the Revised Code 914
that charges the offender with committing the offense by 915
discharging a firearm from a motor vehicle, as defined in section 916
4501.01 of the Revised Code, other than a manufactured home, as 919
defined in section 4501.01 of the Revised Code, the court, after 921
imposing a prison term on the offender for the violation of 922
section 2923.161 of the Revised Code or for the other felony 924
offense under division (A), (D)(2), or (D)(3) of this section, 925
shall impose an additional prison term of five years upon the 926
offender that shall not be reduced pursuant to section 2929.20, 927
section 2967.193, or any other provision of Chapter 2967. or 928
Chapter 5120. of the Revised Code. A court shall not impose more 930
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 932
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 933
also shall impose an additional prison term under division 934
(D)(1)(a)(i) of this section relative to the same offense, 935
provided the criteria specified in that division for imposing an 936
additional prison term are satisfied relative to the offender and 937
the offense.
(b) The court shall not impose any of the additional 939
prison terms described in division (D)(1)(a) of this section upon 942
an offender for a violation of section 2923.12 or 2923.123 of the 943
Revised Code. The court shall not impose any of the additional 944
prison terms described in that division upon an offender for a 945
violation of section 2923.13 of the Revised Code unless all of 946
the following apply:
(i) The offender previously has been convicted of 949
aggravated murder, murder, or any felony of the first or second 950
degree.
(ii) Less than five years have passed since the offender 953
was released from prison or post-release control, whichever is 954
23
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 957
to a felony also is convicted of or pleads guilty to a 958
specification of the type described in section 2941.149 of the 959
Revised Code that the offender is a repeat violent offender, the 962
court shall impose a prison term from the range of terms 963
authorized for the offense under division (A) of this section 964
that may be the longest term in the range and that shall not be 965
reduced pursuant to section 2929.20, section 2967.193, or any 967
other provision of Chapter 2967. or Chapter 5120. of the Revised 968
Code. If the court finds that the repeat violent offender, in 970
committing the offense, caused any physical harm that carried a 971
substantial risk of death to a person or that involved 972
substantial permanent incapacity or substantial permanent 973
disfigurement of a person, the court shall impose the longest 974
prison term from the range of terms authorized for the offense 976
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 979
violent offender imposes the longest prison term from the range 980
of terms authorized for the offense under division (A) of this 981
section, the court may impose on the offender an additional 982
definite prison term of one, two, three, four, five, six, seven, 983
eight, nine, or ten years if the court finds that both of the 984
following apply with respect to the prison terms imposed on the 985
offender pursuant to division (D)(2)(a) of this section and, if 986
applicable, divisions (D)(1) and (3) of this section: 987
(i) The terms so imposed are inadequate to punish the 990
offender and protect the public from future crime, because the 991
applicable factors under section 2929.12 of the Revised Code 994
indicating a greater likelihood of recidivism outweigh the 996
applicable factors under that section indicating a lesser
likelihood of recidivism. 997
(ii) The terms so imposed are demeaning to the seriousness 1,000
of the offense, because one or more of the factors under section 1,001
24
2929.12 of the Revised Code indicating that the offender's 1,002
conduct is more serious than conduct normally constituting the 1,003
offense are present, and they outweigh the applicable factors 1,004
under that section indicating that the offender's conduct is less 1,006
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 1,009
section 2903.01 or 2907.02 of the Revised Code and the penalty 1,010
imposed for the violation is life imprisonment or commits a 1,011
violation of section 2903.02 of the Revised Code, if the offender 1,012
commits a violation of section 2925.03, 2925.04, or 2925.11 of 1,013
the Revised Code and that section requires the imposition of a 1,015
ten-year prison term on the offender or if a court imposing a 1,016
sentence upon an offender for a felony finds that the offender is 1,017
guilty of a specification of the type described in section 1,018
2941.1410 of the Revised Code, that the offender is a major drug 1,019
offender, is guilty of corrupt activity with the most serious 1,020
offense in the pattern of corrupt activity being a felony of the 1,021
first degree, or is guilty of an attempted forcible violation of 1,022
section 2907.02 of the Revised Code with the victim being under 1,023
thirteen years of age and that attempted violation is the felony 1,024
for which sentence is being imposed, the court shall impose upon 1,025
the offender for the felony violation a ten-year prison term that 1,026
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 1,028
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 1,031
division (D)(3)(a) of this section may impose an additional 1,032
prison term of one, two, three, four, five, six, seven, eight, 1,033
nine, or ten years, if the court, with respect to the term 1,034
imposed under division (D)(3)(a) of this section and, if 1,035
applicable, divisions (D)(1) and (2) of this section, makes both 1,037
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 1,038
this section.
(4) If the offender is being sentenced for a THIRD OR 1,040
fourth degree felony OMVI offense and if UNDER division (G)(2) of 1,043
25
section 2929.13 of the Revised Code requires the sentencing court 1,045
to impose upon the offender a mandatory prison term, the 1,046
sentencing court shall impose upon the offender a mandatory 1,047
prison term in accordance with that division. In addition to the 1,048
mandatory prison term, the sentencing court may sentence the 1,049
offender to an additional prison term of any duration specified 1,050
in division (A)(4)(3) of this section minus the sixty OR ONE 1,051
HUNDRED TWENTY days imposed upon the offender as the mandatory 1,052
prison term. The total of the additional prison term imposed 1,053
under division (D)(4) of this section plus the sixty OR ONE 1,054
HUNDRED TWENTY days imposed as the mandatory prison term shall 1,055
equal one of the authorized prison terms specified in division 1,056
(A)(4)(3) of this section. If the court imposes an additional 1,058
prison term under division (D)(4) of this section, the offender 1,059
shall serve the additional prison term after the offender has 1,060
served the mandatory prison term required for the offense. The
court shall not sentence the offender to a community control 1,061
sanction under section 2929.16 or 2929.17 of the Revised Code. 1,062
(E)(1) If a mandatory prison term is imposed upon an 1,065
offender pursuant to division (D)(1)(a) of this section for 1,066
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 1,068
prison term is imposed upon an offender pursuant to division 1,069
(D)(1)(b) of this section for committing a felony specified in 1,070
that division by discharging a firearm from a motor vehicle, the 1,071
offender shall serve the mandatory prison term consecutively to 1,072
and prior to the prison term imposed for the underlying felony 1,073
pursuant to division (A), (D)(2), or (D)(3) of this section or 1,074
any other section of the Revised Code and consecutively to any 1,075
other prison term or mandatory prison term previously or 1,077
subsequently imposed upon the offender. 1,078
(2) If an offender who is an inmate in a jail, prison, or 1,081
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1,083
26
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 1,084
offender who is an inmate in a jail, prison, or other residential 1,085
detention facility or is under detention at a detention facility 1,086
commits another felony while the offender is an escapee in 1,088
violation of section 2921.34 of the Revised Code, any prison term 1,090
imposed upon the offender for one of those violations shall be 1,091
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 1,093
committed that offense and to any other prison term previously or 1,094
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 1,095
meanings as in section 2921.01 of the Revised Code. 1,096
(3) If a prison term is imposed for a violation of 1,098
division (B) of section 2911.01 of the Revised Code or if a 1,100
prison term is imposed for a felony violation of division (B) of 1,101
section 2921.331 of the Revised Code, the offender shall serve
that prison term consecutively to any other prison term or 1,103
mandatory prison term previously or subsequently imposed upon the 1,104
offender.
(4) If multiple prison terms are imposed on an offender 1,106
for convictions of multiple offenses, the court may require the 1,107
offender to serve the prison terms consecutively if the court 1,108
finds that the consecutive service is necessary to protect the 1,109
public from future crime or to punish the offender and that 1,110
consecutive sentences are not disproportionate to the seriousness 1,111
of the offender's conduct and to the danger the offender poses to 1,113
the public, and if the court also finds any of the following: 1,114
(a) The offender committed the multiple offenses while the 1,117
offender was awaiting trial or sentencing, was under a sanction 1,118
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 1,119
Revised Code, or was under post-release control for a prior 1,120
offense.
(b) The harm caused by the multiple offenses was so great 1,123
27
or unusual that no single prison term for any of the offenses 1,124
committed as part of a single course of conduct adequately 1,125
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 1,127
demonstrates that consecutive sentences are necessary to protect 1,128
the public from future crime by the offender. 1,129
(5) When consecutive prison terms are imposed pursuant to 1,132
division (E)(1), (2), (3), or (4) of this section, the term to be 1,133
served is the aggregate of all of the terms so imposed. 1,134
(F) If a court imposes a prison term of a type described 1,137
in division (B) of section 2967.28 of the Revised Code, it shall 1,138
include in the sentence a requirement that the offender be 1,139
subject to a period of post-release control after the offender's 1,140
release from imprisonment, in accordance with that division. If 1,141
a court imposes a prison term of a type described in division (C) 1,142
of that section, it shall include in the sentence a requirement 1,143
that the offender be subject to a period of post-release control 1,144
after the offender's release from imprisonment, in accordance 1,145
with that division, if the parole board determines that a period 1,146
of post-release control is necessary. 1,147
(G) If a person is convicted of or pleads guilty to a 1,149
sexually violent offense and also is convicted of or pleads 1,150
guilty to a sexually violent predator specification that was 1,151
included in the indictment, count in the indictment, or 1,152
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 1,153
the Revised Code, and Chapter 2971. of the Revised Code applies 1,154
regarding the prison term or term of life imprisonment without 1,155
parole imposed upon the offender and the service of that term of 1,156
imprisonment.
(H) If a person who has been convicted of or pleaded 1,158
guilty to a felony is sentenced to a prison term or term of 1,159
imprisonment under this section, sections 2929.02 to 2929.06 of 1,160
the Revised Code, section 2971.03 of the Revised Code, or any 1,161
28
other provision of law, section 5120.163 of the Revised Code 1,162
applies regarding the person while the person is confined in a
state correctional institution. 1,163
(I) If an offender who is convicted of or pleads guilty to 1,165
a felony that is an offense of violence also is convicted of or 1,167
pleads guilty to a specification of the type described in section 1,168
2941.142 of the Revised Code that charges the offender with 1,169
having committed the felony while participating in a criminal 1,170
gang, the court shall impose upon the offender an additional 1,171
prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to 1,173
aggravated murder, murder, or a felony of the first, second, or 1,175
third degree that is an offense of violence also is convicted of 1,176
or pleads guilty to a specification of the type described in 1,177
section 2941.143 of the Revised Code that charges the offender 1,179
with having committed the offense in a school safety zone or 1,181
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The 1,182
offender shall serve the additional two years consecutively to 1,183
and prior to the prison term imposed for the underlying offense. 1,184
Sec. 2929.15. (A)(1) If in sentencing an offender for a 1,194
felony the court is not required to impose a prison term, a 1,195
mandatory prison term, or a term of life imprisonment upon the 1,196
offender, the court may directly impose a sentence community 1,197
control that consists of one or more community control sanctions 1,198
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 1,199
the Revised Code. If the court is sentencing an offender for a 1,200
fourth degree felony OMVI offense and if it is required to impose 1,201
on the offender a mandatory term of local incarceration pursuant 1,202
to UNDER division (G)(1) of section 2929.13 of the Revised Code, 1,204
in addition to the mandatory term of local incarceration IMPOSED 1,205
UNDER THAT DIVISION and the mandatory fine required by division 1,207
(B)(3) of section 2929.18 of the Revised Code, the court may 1,208
impose upon the offender a community control sanction or 1,209
29
combination of community control sanctions in accordance with 1,210
sections 2929.16 and 2929.17 of the Revised Code. The duration 1,211
of all community control sanctions so imposed imposed upon an 1,212
offender UNDER THIS DIVISION shall not exceed five years. If the 1,214
court sentences the offender to one or more nonresidential
sanctions under section 2929.17 of the Revised Code, the court 1,215
shall comply with division (C)(1)(b) of section 2951.02 of the 1,216
Revised Code and impose the mandatory condition described in that 1,217
division. The court may impose any other conditions of release 1,218
under a community control sanction that the court considers 1,219
appropriate. If the court is sentencing an offender for a THIRD 1,220
OR fourth degree felony OMVI offense and if it is required to 1,222
impose on the offender a mandatory prison term pursuant to UNDER 1,223
division (G)(2) of section 2929.13 of the Revised Code, the court 1,225
shall not impose upon the offender any community control sanction
or combination of community control sanctions under section 1,226
2929.16 or 2929.17 of the Revised Code. 1,227
(2)(a) If a court sentences an offender to any community 1,229
control sanction or combination of community control sanctions 1,230
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 1,231
the Revised Code, the court shall place the offender under the 1,232
general control and supervision of a department of probation in 1,233
the county that serves the court for purposes of reporting to the 1,234
court a violation of any of the sanctions or the mandatory 1,235
condition imposed under division (C)(1)(b) of section 2951.02 of 1,236
the Revised Code. Alternatively, if the offender resides in 1,237
another county and a county department of probation has been 1,238
established in that county or that county is served by a 1,239
multicounty probation department established under section 1,240
2301.27 of the Revised Code, the court may request the court of 1,242
common pleas of that county to receive the offender into the
general control and supervision of that county or multicounty 1,244
department of probation for purposes of reporting to the court a 1,245
violation of any of the sanctions, or the mandatory condition 1,246
30
imposed under division (C)(1)(b) of section 2951.02 of the 1,247
Revised Code, subject to the jurisdiction of the trial judge over 1,248
and with respect to the person of the offender, and to the rules 1,249
governing that department of probation. 1,250
If there is no department of probation in the county that 1,253
serves the court, the court shall place the offender, regardless 1,254
of the offender's county of residence, under the general control 1,255
and supervision of the adult parole authority for purposes of 1,256
reporting to the court a violation of any of the sanctions or the
mandatory condition imposed under division (C)(1)(b) of section 1,257
2951.02 of the Revised Code. 1,258
(b) If the court imposing sentence upon an offender 1,260
sentences the offender to any community control sanction or 1,261
combination of community control sanctions authorized pursuant to 1,263
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if 1,264
the offender violates any of the sanctions or the mandatory 1,265
condition imposed under division (C)(1)(b) of section 2951.02 of 1,266
the Revised Code, the public or private person or entity that 1,268
operates or administers the sanction or the program or activity 1,269
that comprises the sanction shall report the violation directly 1,270
to the sentencing court, or shall report the violation to the 1,271
county or multicounty department of probation with general 1,272
control and supervision over the offender under division 1,273
(A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with 1,274
general control and supervision over the offender under that 1,275
division, to the adult parole authority. If the public or 1,276
private person or entity that operates or administers the 1,277
sanction or the program or activity that comprises the sanction 1,278
reports the violation to the county or multicounty department of 1,279
probation or the adult parole authority, the department's or 1,280
authority's officers may treat the offender as if the offender 1,281
were on probation and in violation of the probation, and shall 1,282
report the violation of the sanction or the mandatory condition 1,283
31
imposed under division (C)(1)(b) of section 2951.02 of the 1,284
Revised Code to the sentencing court.
(B) If the conditions of a community control sanction or 1,287
the mandatory condition imposed under division (C)(1)(b) of
section 2951.02 of the Revised Code is violated, the sentencing 1,288
court may impose a longer time under the same sanction if the 1,289
total time under the sanctions does not exceed the five-year 1,290
limit specified in division (A) of this section, may impose a 1,291
more restrictive sanction under section 2929.16, 2929.17, or 1,292
2929.18 of the Revised Code, or may impose a prison term on the 1,293
offender pursuant to section 2929.14 of the Revised Code. The 1,294
court shall not eliminate the mandatory condition imposed under 1,295
division (C)(1)(b) of section 2951.02 of the Revised Code. The 1,296
prison term, if any, imposed upon a violator pursuant to this 1,297
division shall be within the range of prison terms available for 1,298
the offense for which the sanction that was violated was imposed 1,299
and shall not exceed the prison term specified in the notice 1,300
provided to the offender at the sentencing hearing pursuant to 1,301
division (B)(3) of section 2929.19 of the Revised Code. The 1,303
court may reduce the longer period of time that the offender is 1,304
required to spend under the longer sanction, the more restrictive 1,305
sanction, or a prison term imposed pursuant to this division by 1,306
the time the offender successfully spent under the sanction that 1,307
was initially imposed.
(C) If an offender, for a significant period of time, 1,310
fulfills the conditions of a sanction imposed pursuant to section 1,311
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 1,312
manner, the court may reduce the period of time under the 1,313
sanction or impose a less restrictive sanction, but the court 1,314
shall not eliminate the mandatory condition imposed under 1,315
division (C)(1)(b) of section 2951.02 of the Revised Code.
Sec. 2929.16. (A) The court imposing a sentence for a 1,325
felony upon an offender who is not required to serve a mandatory 1,326
prison term may impose any community residential sanction or 1,327
32
combination of community residential sanctions under this 1,328
section. The court imposing a sentence for a fourth degree
felony OMVI offense upon an offender who is required to serve a 1,330
mandatory term of local incarceration pursuant to UNDER division 1,331
(G)(1) of section 2929.13 of the Revised Code may impose upon the 1,332
offender, in addition to the mandatory term of local 1,334
incarceration IMPOSED UNDER THAT DIVISION, a community 1,335
residential sanction or combination of community residential 1,337
sanctions under this section, and the offender shall serve or 1,338
satisfy the sanction or combination of sanctions after the
offender has served the mandatory term of local incarceration 1,339
required for the offense. Community residential sanctions 1,340
include, but are not limited to, the following: 1,341
(1) A term of up to six months at a community-based 1,343
correctional facility that serves the county; 1,344
(2) Except as otherwise provided in division (A)(3) of 1,346
this section and subject to division (D) of this section, a term 1,348
of up to six months in a jail;
(3) If the offender is convicted of a fourth degree felony 1,350
OMVI offense and is sentenced pursuant to UNDER division (G)(1) 1,351
of section 2929.13 of the Revised Code, subject to division (D) 1,353
of this section, a term of up to one year in a jail less the 1,354
mandatory term of local incarceration of sixty OR ONE HUNDRED 1,356
TWENTY consecutive days of imprisonment imposed pursuant to that 1,358
division;
(4) A term in a halfway house; 1,360
(5) A term in an alternative residential facility. 1,362
(B) The court that assigns any offender convicted of a 1,365
felony to a residential sanction under this section may authorize 1,366
the offender to be released so that the offender may seek or 1,367
maintain employment, receive education or training, or receive 1,368
treatment. A release pursuant to this division shall be only for 1,369
the duration of time that is needed to fulfill the purpose of the 1,370
release and for travel that reasonably is necessary to fulfill 1,371
33
the purposes of the release.
(C) If the court assigns an offender to a county jail that 1,374
is not a minimum security misdemeanant jail in a county that has 1,375
established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of 1,376
the sentence, whether the sheriff of that county may consider the 1,377
offender for participation in the county jail industry program. 1,379
During the offender's term in the county jail, the court shall 1,380
retain jurisdiction to modify its specification upon a 1,381
reassessment of the offender's qualifications for participation
in the program. 1,382
(D) If a court sentences an offender to a term in jail 1,385
under division (A)(2) or (3) of this section and if the sentence 1,387
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 1,388
that the offender serve the term in a minimum security jail 1,389
established under section 341.34 or 753.21 of the Revised Code. 1,390
If the court includes a specification of that type in the 1,392
sentence and if the administrator of the appropriate minimum 1,393
security jail or the designee of that administrator classifies 1,394
the offender in accordance with section 341.34 or 753.21 of the
Revised Code as a minimal security risk, the offender shall serve 1,396
the term in the minimum security jail established under section 1,397
341.34 or 753.21 of the Revised Code. Absent a specification of 1,399
that type and a finding of that type, the offender shall serve 1,400
the term in a jail other than a minimum security jail established
under section 341.34 or 753.21 of the Revised Code. 1,401
(E) If a person who has been convicted of or pleaded 1,403
guilty to a felony is sentenced to a community residential 1,404
sanction as described in division (A) of this section, at the 1,405
time of reception and at other times the person in charge of the 1,406
operation of the community-based correctional facility, jail, 1,407
halfway house, alternative residential facility, or other place 1,408
at which the offender will serve the residential sanction
34
determines to be appropriate, the person in charge of the 1,409
operation of the community-based correctional facility, jail, 1,410
halfway house, alternative residential facility, or other place 1,411
may cause the convicted offender to be examined and tested for 1,412
tuberculosis, HIV infection, hepatitis, including but not limited 1,413
to hepatitis A, B, and C, and other contagious diseases. The 1,415
person in charge of the operation of the community-based 1,416
correctional facility, jail, halfway house, alternative
residential facility, or other place at which the offender will 1,417
serve the residential sanction may cause a convicted offender in 1,418
the community-based correctional facility, jail, halfway house, 1,419
alternative residential facility, or other place who refuses to 1,420
be tested or treated for tuberculosis, HIV infection, hepatitis, 1,421
including but not limited to hepatitis A, B, and C, or another 1,422
contagious disease to be tested and treated involuntarily. 1,424
Sec. 2929.17. The court imposing a sentence for a felony 1,434
upon an offender who is not required to serve a mandatory prison 1,435
term may impose any nonresidential sanction or combination of 1,436
nonresidential sanctions authorized under this section. If the 1,437
court imposes one or more nonresidential sanctions authorized
under this section, the court shall comply with division 1,438
(C)(1)(b) of section 2951.02 of the Revised Code and impose the 1,439
mandatory condition described in that division. The court 1,440
imposing a sentence for a fourth degree felony OMVI offense upon 1,441
an offender who is required to serve a mandatory term of local 1,442
incarceration under division (G)(1) of section 2929.13 of the 1,443
Revised Code may impose upon the offender, in addition to the 1,444
mandatory term of local incarceration IMPOSED UNDER THAT 1,445
DIVISION, a nonresidential sanction or combination of 1,446
nonresidential sanctions under this section, and the offender 1,447
shall serve or satisfy the sanction or combination of sanctions
after the offender has served the mandatory term of local 1,448
incarceration required for the offense. Nonresidential sanctions 1,449
include, but are not limited to, the following: 1,450
35
(A) A term of day reporting; 1,452
(B) A term of electronically monitored house arrest, a 1,454
term of electronic monitoring without house arrest, or a term of 1,455
house arrest without electronic monitoring; 1,456
(C) A term of community service of up to five hundred 1,458
hours pursuant to division (F) of section 2951.02 of the Revised 1,460
Code or, if the court determines that the offender is financially 1,461
incapable of fulfilling a financial sanction described in section 1,462
2929.18 of the Revised Code, a term of community service as an 1,463
alternative to a financial sanction; 1,464
(D) A term in a drug treatment program with a level of 1,466
security for the offender as determined necessary by the court; 1,467
(E) A term of intensive supervision; 1,469
(F) A term of basic supervision; 1,471
(G) A term of monitored time; 1,473
(H) A term of drug and alcohol use monitoring; 1,475
(I) A curfew term; 1,477
(J) A requirement that the offender obtain employment; 1,479
(K) A requirement that the offender obtain education or 1,482
training;
(L) Provided the court obtains the prior approval of the 1,484
victim, a requirement that the offender participate in 1,485
victim-offender mediation; 1,486
(M) A license violation report. 1,488
Sec. 2929.18. (A) Except as otherwise provided in this 1,497
division and in addition to imposing court costs pursuant to 1,498
section 2947.23 of the Revised Code, the court imposing a 1,499
sentence upon an offender for a felony may sentence the offender 1,500
to any financial sanction or combination of financial sanctions 1,502
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 1,503
offender a fine in accordance with that section. If the offender 1,504
is sentenced to a sanction of confinement pursuant to section 1,505
2929.14 or 2929.16 of the Revised Code that is to be served in a 1,506
36
facility operated by a board of county commissioners, a 1,507
legislative authority of a municipal corporation, or another 1,508
governmental entity, the court imposing sentence upon an offender 1,509
for a felony shall comply with division (A)(4)(b) of this section 1,510
in determining whether to sentence the offender to a financial 1,511
sanction described in division (A)(4)(a) of this section. 1,512
Financial sanctions that may be imposed pursuant to this section 1,513
include, but are not limited to, the following: 1,514
(1) Restitution by the offender to the victim of the 1,516
offender's crime or any survivor of the victim, in an amount 1,517
based on the victim's economic loss. The court shall order that 1,518
the restitution be made to the adult probation department that 1,519
serves the county on behalf of the victim, to the clerk of 1,520
courts, or to another agency designated by the court, except that 1,521
it may include a requirement that reimbursement be made to third 1,522
parties for amounts paid to or on behalf of the victim or any 1,523
survivor of the victim for economic loss resulting from the 1,524
offense. If reimbursement to third parties is required, the 1,525
reimbursement shall be made to any governmental agency to repay 1,526
any amounts paid by the agency to or on behalf of the victim or 1,527
any survivor of the victim for economic loss resulting from the 1,528
offense before any reimbursement is made to any person other than 1,529
a governmental agency. If no governmental agency incurred 1,530
expenses for economic loss of the victim or any survivor of the 1,531
victim resulting from the offense, the reimbursement shall be 1,532
made to any person other than a governmental agency to repay 1,533
amounts paid by that person to or on behalf of the victim or any 1,534
survivor of the victim for economic loss of the victim resulting 1,536
from the offense. The court shall not require an offender to 1,537
repay an insurance company for any amounts the company paid on 1,538
behalf of the offender pursuant to a policy of insurance. At 1,539
sentencing, the court shall determine the amount of restitution 1,541
to be made by the offender. All restitution payments shall be 1,542
credited against any recovery of economic loss in a civil action 1,543
37
brought by the victim or any survivor of the victim against the 1,544
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 1,546
this section, a fine payable by the offender to the state, to a 1,547
political subdivision, or as described in division (B)(2) of this 1,549
section to one or more law enforcement agencies, with the amount 1,550
of the fine based on a standard percentage of the offender's 1,551
daily income over a period of time determined by the court and 1,552
based upon the seriousness of the offense. A fine ordered under 1,553
this division shall not exceed the statutory fine amount 1,554
authorized for the level of the offense under division (A)(3) of 1,555
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 1,557
this section, a fine payable by the offender to the state, to a 1,558
political subdivision when appropriate for a felony, or as 1,559
described in division (B)(2) of this section to one or more law 1,561
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 1,564
thousand dollars;
(b) For a felony of the second degree, not more than 1,567
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 1,570
thousand dollars;
(d) For a felony of the fourth degree, not more than five 1,573
thousand dollars;
(e) For a felony of the fifth degree, not more than two 1,576
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 1,579
reimbursement by the offender of any or all of the costs of 1,581
sanctions incurred by the government, including the following: 1,582
(i) All or part of the costs of implementing any community 1,585
control sanction;
(ii) All or part of the costs of confinement under a 1,588
sanction imposed pursuant to section 2929.14 or 2929.16 of the 1,589
38
Revised Code, provided that the amount of reimbursement ordered 1,590
under this division shall not exceed ten thousand dollars or the 1,591
total amount of reimbursement the offender is able to pay as 1,592
determined at a hearing, whichever amount is greater; 1,593
(b) If the offender is sentenced to a sanction of 1,595
confinement pursuant to section 2929.14 or 2929.16 of the Revised 1,596
Code that is to be served in a facility operated by a board of 1,598
county commissioners, a legislative authority of a municipal 1,599
corporation, or another local governmental entity, one of the
following applies: 1,600
(i) If, pursuant to section 307.93, 341.14, 341.19, 1,602
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 1,603
Revised Code, the board, legislative authority, or other local 1,604
governmental entity requires prisoners convicted of an offense 1,605
other than a minor misdemeanor to reimburse the county, municipal 1,606
corporation, or other entity for its expenses incurred by reason 1,607
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 1,608
the offender to reimburse the county, municipal corporation, or 1,609
other local governmental entity for the cost of the confinement. 1,610
In addition, the court may impose any other financial sanction 1,611
under this section.
(ii) If, pursuant to any section identified in division 1,613
(A)(4)(b)(i) of this section, the board, legislative authority, 1,615
or other local governmental entity has adopted a resolution or 1,617
ordinance specifying that prisoners convicted of felonies are not 1,618
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 1,620
the prisoner's confinement, the court shall not impose a 1,621
financial sanction under division (A)(4)(a) of this section that 1,622
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 1,623
the confinement, but the court may impose any other financial 1,625
sanction under this section.
39
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 1,627
of this section applies, the court may impose, but is not 1,628
required to impose, any financial sanction under this section. 1,629
(c) Reimbursement by the offender for costs pursuant to 1,632
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 1,635
violation of any provision of Chapter 2925., 3719., or 4729. of 1,636
the Revised Code, the sentencing court shall impose upon the 1,637
offender a mandatory fine of at least one-half of, but not more 1,638
than, the maximum statutory fine amount authorized for the level 1,639
of the offense pursuant to division (A)(3) of this section. If 1,640
an offender alleges in an affidavit filed with the court prior to 1,642
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 1,643
indigent person and is unable to pay the mandatory fine described 1,644
in this division, the court shall not impose the mandatory fine 1,645
upon the offender.
(2) Any mandatory fine imposed upon an offender under 1,647
division (B)(1) of this section and any fine imposed upon an 1,649
offender under division (A)(2) or (3) of this section for any 1,650
fourth or fifth degree felony violation of any provision of 1,651
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 1,652
to law enforcement agencies pursuant to division (F) of section 1,653
2925.03 of the Revised Code. 1,654
(3) For a fourth degree felony OMVI offense AND FOR A 1,658
THIRD DEGREE FELONY OMVI OFFENSE, the sentencing court shall 1,659
impose upon the offender a mandatory fine in the amount specified 1,660
in division (A)(4) OR (8) of section 4511.99 of the Revised Code. 1,663
The mandatory fine so imposed shall be disbursed as provided in 1,664
division (A)(4) OR (8) of section 4511.99 of the Revised Code. 1,666
(4) Notwithstanding any fine otherwise authorized or 1,669
required to be imposed under division (A)(2) or (3) or (B)(1) of 1,670
this section or section 2929.31 of the Revised Code for a 1,671
violation of section 2925.03 or 2925.07 of the Revised Code, in 1,672
40
addition to any penalty or sanction imposed for that offense 1,673
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 1,674
of the Revised Code and in addition to the forfeiture of property 1,676
in connection with the offense as prescribed in sections 2925.42 1,677
to 2925.45 of the Revised Code, the court that sentences an 1,679
offender for a violation of section 2925.03 or 2925.07 of the 1,680
Revised Code may impose upon the offender a fine in addition to 1,681
any fine imposed under division (A)(2) or (3) of this section and 1,683
in addition to any mandatory fine imposed under division (B)(1) 1,684
of this section. The fine imposed under division (B)(4) of this 1,685
section shall be used as provided in division (H) of section 1,686
2925.03 of the Revised Code. A fine imposed under division 1,687
(B)(4) of this section shall not exceed whichever of the 1,688
following is applicable:
(a) The total value of any personal or real property in 1,691
which the offender has an interest and that was used in the 1,692
course of, intended for use in the course of, derived from, or 1,693
realized through conduct in violation of section 2925.03 or 1,694
2925.07 of the Revised Code, including any property that 1,695
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 1,698
type described in division (B)(4)(a) of this section or if it is 1,699
not possible to ascertain whether the offender has an interest in 1,701
any property of that type in which the offender may have an 1,702
interest, the amount of the mandatory fine for the offense 1,703
imposed under division (B)(1) of this section or, if no mandatory 1,704
fine is imposed under division (B)(1) of this section, the amount 1,705
of the fine authorized for the level of the offense imposed under 1,707
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 1,710
section, the court shall determine whether the offender has an 1,711
interest in any property of the type described in division 1,712
(B)(4)(a) of this section. Except as provided in division (B)(6) 1,714
or (7) of this section, a fine that is authorized and imposed 1,715
41
under division (B)(4) of this section does not limit or affect 1,717
the imposition of the penalties and sanctions for a violation of 1,718
section 2925.03 or 2925.07 of the Revised Code prescribed under
those sections or sections 2929.11 to 2929.18 of the Revised Code 1,721
and does not limit or affect a forfeiture of property in 1,722
connection with the offense as prescribed in sections 2925.42 to 1,723
2925.45 of the Revised Code. 1,724
(6) If the sum total of a mandatory fine amount imposed 1,726
for a first, second, or third degree felony violation of section 1,727
2925.03 or a third degree felony violation of section 2925.07 of 1,729
the Revised Code under division (B)(1) of this section plus the 1,730
amount of any fine imposed under division (B)(4) of this section 1,732
does not exceed the maximum statutory fine amount authorized for 1,733
the level of the offense under division (A)(3) of this section or 1,734
section 2929.31 of the Revised Code, the court may impose a fine 1,736
for the offense in addition to the mandatory fine and the fine 1,737
imposed under division (B)(4) of this section. The sum total of 1,738
the amounts of the mandatory fine, the fine imposed under 1,739
division (B)(4) of this section, and the additional fine imposed 1,740
under division (B)(6) of this section shall not exceed the 1,742
maximum statutory fine amount authorized for the level of the 1,743
offense under division (A)(3) of this section or section 2929.31 1,744
of the Revised Code. The clerk of the court shall pay any fine 1,745
that is imposed under division (B)(6) of this section to the 1,746
county, township, municipal corporation, park district as created 1,748
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,749
state law enforcement agencies in this state that primarily were 1,750
responsible for or involved in making the arrest of, and in 1,751
prosecuting, the offender pursuant to division (F) of section 1,752
2925.03 of the Revised Code. 1,753
(7) If the sum total of the amount of a mandatory fine 1,755
imposed for a first, second, or third degree felony violation of 1,756
section 2925.03 or a third degree felony violation of section 1,757
2925.07 of the Revised Code plus the amount of any fine imposed 1,759
42
under division (B)(4) of this section exceeds the maximum 1,760
statutory fine amount authorized for the level of the offense 1,761
under division (A)(3) of this section or section 2929.31 of the 1,762
Revised Code, the court shall not impose a fine under division 1,763
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,766
the offender pursuant to division (A)(4)(a) of this section to 1,768
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,770
confine offenders pursuant to sanctions imposed under section 1,771
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,772
The treasurer of state shall deposit the reimbursements in the 1,773
confinement cost reimbursement fund that is hereby created in the 1,774
state treasury. The department of rehabilitation and correction 1,775
shall use the amounts deposited in the fund to fund the operation 1,776
of facilities used to confine offenders pursuant to sections 1,777
2929.14 and 2929.16 of the Revised Code. 1,778
(2) Except as provided in section 2951.021 of the Revised 1,780
Code, the offender shall pay reimbursements imposed upon the 1,781
offender pursuant to division (A)(4)(a) of this section to pay 1,783
the costs incurred by a county pursuant to any sanction imposed 1,784
under this section or section 2929.16 or 2929.17 of the Revised 1,785
Code or in operating a facility used to confine offenders 1,786
pursuant to a sanction imposed under section 2929.16 of the 1,787
Revised Code to the county treasurer. The county treasurer shall 1,788
deposit the reimbursements in the sanction cost reimbursement 1,789
fund that each board of county commissioners shall create in its 1,790
county treasury. The county shall use the amounts deposited in 1,791
the fund to pay the costs incurred by the county pursuant to any 1,792
sanction imposed under this section or section 2929.16 or 2929.17 1,793
of the Revised Code or in operating a facility used to confine 1,795
offenders pursuant to a sanction imposed under section 2929.16 of 1,796
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,798
43
Code, the offender shall pay reimbursements imposed upon the 1,799
offender pursuant to division (A)(4)(a) of this section to pay 1,801
the costs incurred by a municipal corporation pursuant to any 1,802
sanction imposed under this section or section 2929.16 or 2929.17 1,803
of the Revised Code or in operating a facility used to confine 1,804
offenders pursuant to a sanction imposed under section 2929.16 of 1,805
the Revised Code to the treasurer of the municipal corporation. 1,807
The treasurer shall deposit the reimbursements in a special fund 1,808
that shall be established in the treasury of each municipal 1,809
corporation. The municipal corporation shall use the amounts 1,810
deposited in the fund to pay the costs incurred by the municipal 1,811
corporation pursuant to any sanction imposed under this section 1,812
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,813
a facility used to confine offenders pursuant to a sanction 1,814
imposed under section 2929.16 of the Revised Code. 1,815
(4) Except as provided in section 2951.021 of the Revised 1,817
Code, the offender shall pay reimbursements imposed pursuant to 1,818
division (A)(4)(a) of this section for the costs incurred by a 1,819
private provider pursuant to a sanction imposed under this 1,820
section or section 2929.16 or 2929.17 of the Revised Code to the 1,821
provider.
(D) A financial sanction imposed pursuant to division (A) 1,823
or (B) of this section is a judgment in favor of the state or a 1,824
political subdivision in which the court that imposed the 1,825
financial sanction is located, and the offender subject to the 1,826
sanction is the judgment debtor, except that a financial sanction 1,827
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,829
this section upon an offender who is incarcerated in a state 1,830
facility or a municipal jail is a judgment in favor of the state 1,831
or the municipal corporation, a financial sanction of 1,832
reimbursement imposed upon an offender pursuant to this section 1,833
for costs incurred by a private provider of sanctions is a 1,834
judgment in favor of the private provider, and a financial 1,835
sanction of restitution imposed pursuant to this section is a 1,836
44
judgment in favor of the victim of the offender's criminal act. 1,837
Once the financial sanction is imposed as a judgment, the victim, 1,838
private provider, state, or political subdivision may bring an 1,839
action to do any of the following:
(1) Obtain execution of the judgment through any available 1,842
procedure, including:
(a) An execution against the property of the judgment 1,845
debtor under Chapter 2329. of the Revised Code; 1,846
(b) An execution against the person of the judgment debtor 1,849
under Chapter 2331. of the Revised Code; 1,850
(c) A proceeding in aid of execution under Chapter 2333. 1,853
of the Revised Code, including: 1,854
(i) A proceeding for the examination of the judgment 1,857
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,858
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,861
judgment debtor under section 2333.28 of the Revised Code; 1,862
(iii) A creditor's suit under section 2333.01 of the 1,865
Revised Code.
(d) The attachment of the property of the judgment debtor 1,868
under Chapter 2715. of the Revised Code; 1,869
(e) The garnishment of the property of the judgment debtor 1,872
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,874
judgment debtor under section 1321.33 of the Revised Code. 1,876
(E) A court that imposes a financial sanction upon an 1,878
offender may hold a hearing if necessary to determine whether the 1,879
offender is able to pay the sanction or is likely in the future 1,880
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,883
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,885
enter into contracts with one or more public agencies or private 1,886
vendors for the collection of, amounts due under the financial 1,887
45
sanction imposed pursuant to this section or section 2929.25 of 1,888
the Revised Code. Before entering into a contract for the 1,889
collection of amounts due from an offender pursuant to any 1,890
financial sanction imposed pursuant to this section or section 1,891
2929.25 of the Revised Code, a court shall comply with sections 1,892
307.86 to 307.92 of the Revised Code. 1,893
(G) If a court that imposes a financial sanction under 1,896
division (A) or (B) of this section finds that an offender 1,897
satisfactorily has completed all other sanctions imposed upon the 1,898
offender and that all restitution that has been ordered has been 1,899
paid as ordered, the court may suspend any financial sanctions 1,900
imposed pursuant to this section or section 2929.25 of the 1,901
Revised Code that have not been paid. 1,902
(H) No financial sanction imposed under this section or 1,905
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,906
Sec. 2929.19. (A)(1) The court shall hold a sentencing 1,918
hearing before imposing a sentence under this chapter upon an 1,920
offender who was convicted of or pleaded guilty to a felony and 1,921
before resentencing an offender who was convicted of or pleaded 1,922
guilty to a felony and whose case was remanded pursuant to 1,923
section 2953.07 or 2953.08 of the Revised Code. At the hearing, 1,924
the offender, the prosecuting attorney, the victim or the 1,925
victim's representative in accordance with section 2930.14 of the 1,926
Revised Code, and, with the approval of the court, any other 1,927
person may present information relevant to the imposition of 1,928
sentence in the case. The court shall inform the offender of the 1,929
verdict of the jury or finding of the court and ask the offender 1,930
whether the offender has anything to say as to why sentence 1,931
should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before 1,933
imposing sentence on an offender who is being sentenced for a 1,935
sexually oriented offense that was committed on or after the 1,936
effective date of this amendment JANUARY 1, 1997, and that is not 1,938
46
a sexually violent offense, and before imposing sentence on an 1,939
offender who is being sentenced for a sexually violent offense 1,940
committed on or after the effective date of this amendment 1,941
JANUARY 1, 1997, and who was not charged with a sexually violent 1,942
predator specification in the indictment, count in the 1,943
indictment, or information charging the sexually violent offense, 1,944
the court shall conduct a hearing in accordance with division (B) 1,945
of section 2950.09 of the Revised Code to determine whether the 1,947
offender is a sexual predator. The court shall not conduct a 1,948
hearing under that division if the offender is being sentenced
for a sexually violent offense and a sexually violent predator 1,949
specification was included in the indictment, count in the 1,951
indictment, or information charging the sexually violent offense. 1,952
Before imposing sentence on an offender who is being sentenced 1,953
for a sexually oriented offense, the court also shall comply with 1,954
division (E) of section 2950.09 of the Revised Code. 1,955
(B)(1) At the sentencing hearing, the court, before 1,958
imposing sentence, shall consider the record, any information 1,959
presented at the hearing by any person pursuant to division (A) 1,960
of this section, and, if one was prepared, the presentence 1,961
investigation report made pursuant to section 2951.03 of the 1,962
Revised Code or Criminal Rule 32.2, and any victim impact 1,963
statement made pursuant to section 2947.051 of the Revised Code. 1,965
(2) The court shall impose a sentence and shall make a 1,967
finding that gives its reasons for selecting the sentence imposed 1,969
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for 1,971
which the court is required to impose sentence pursuant to 1,972
division (G) of section 2929.14 of the Revised Code, if it 1,973
imposes a prison term for a felony of the fourth or fifth degree 1,974
or for a felony drug offense that is a violation of a provision 1,975
of Chapter 2925. of the Revised Code and that is specified as 1,976
being subject to division (B) of section 2929.13 of the Revised 1,978
Code for purposes of sentencing and, if the term is not a 1,979
47
mandatory prison term imposed pursuant to division (G)(2) of 1,981
section 2929.13 of the Revised Code for a felony OMVI offense, 1,983
its reasons for imposing the prison term, based upon the 1,984
overriding purposes and principles of felony sentencing set forth 1,985
in section 2929.11 of the Revised Code, and any factors listed in 1,986
divisions (B)(1)(a) to (h) of section 2929.13 of the Revised Code 1,987
that it found to apply relative to the offender.
(b) If it does not impose a prison term for a felony of 1,990
the first or second degree or for a felony drug offense that is a 1,991
violation of a provision of Chapter 2925. of the Revised Code and 1,993
for which a presumption in favor of a prison term is specified as 1,994
being applicable, its reasons for not imposing the prison term 1,995
and for overriding the presumption, based upon the overriding 1,996
purposes and principles of felony sentencing set forth in section 1,997
2929.11 of the Revised Code, and the basis of the findings it 1,998
made under divisions (D)(1) and (2) of section 2929.13 of the 2,000
Revised Code.
(c) If it imposes consecutive sentences under section 2,003
2929.14 of the Revised Code, its reasons for imposing the 2,004
consecutive sentences;
(d) If the sentence is for one offense and it imposes a 2,006
prison term for the offense that is the maximum prison term 2,007
allowed for that offense by division (A) of section 2929.14 of 2,008
the Revised Code, its reasons for imposing the maximum prison 2,009
term;
(e) If the sentence is for two or more offenses arising 2,011
out of a single incident and it imposes a prison term for those 2,012
offenses that is the maximum prison term allowed for the offense 2,013
of the highest degree by division (A) of section 2929.14 of the 2,014
Revised Code, its reasons for imposing the maximum prison term. 2,015
(3) Subject to division (B)(4) of this section, if the 2,018
sentencing court determines at the sentencing hearing that a 2,019
prison term is necessary or required, the court shall do all of 2,020
the following:
48
(a) Impose a stated prison term; 2,022
(b) Notify the offender that the parole board may extend 2,025
the stated prison term if the offender commits any criminal 2,026
offense under the laws of this state or the United States while 2,027
serving the prison term, that the extension will be done
administratively as part of the offender's sentence in accordance 2,028
with section 2967.11 of the Revised Code and may be for thirty, 2,029
sixty, or ninety days for each violation, that all extensions of 2,030
any stated prison term for all violations during the course of 2,031
the term may not exceed one-half of the term's duration, and that 2,032
the sentence so imposed automatically includes any extension of 2,033
the stated prison term by the parole board; 2,034
(c) Subject to division (B)(4) of this section, if the 2,037
offender is being sentenced for a felony of the first degree, for 2,038
a felony of the second degree, for a felony sex offense, as 2,039
defined in section 2967.28 of the Revised Code, or for a felony 2,040
of the third degree that is not a felony sex offense and in the 2,041
commission of which the offender caused or threatened to cause 2,042
physical harm to a person, notify the offender that a period of 2,043
post-release control pursuant to section 2967.28 of the Revised 2,044
Code will be imposed following the offender's release from 2,045
prison;
(d) Subject to division (B)(4) of this section, if the 2,048
offender is being sentenced for a felony of the third, fourth, or 2,049
fifth degree that is not subject to division (B)(3)(c) of this 2,050
section, notify the offender that a period of post-release 2,051
control pursuant to section 2967.28 of the Revised Code may be
imposed following the offender's release from prison; 2,052
(e) Notify the offender that, if a period of post-release 2,055
control is imposed following the offender's release from prison, 2,056
as described in division (B)(3)(c) or (d) of this section, and if 2,058
the offender violates a post-release control sanction imposed as 2,059
a component of the post-release control including the mandatory 2,060
condition described in division (A) of section 2967.121 of the 2,061
49
Revised Code, all of the following apply:
(i) The adult parole authority or the parole board may 2,064
impose a more restrictive post-release control sanction. 2,065
(ii) The parole board may increase the duration of the 2,068
post-release control subject to a specified maximum. 2,069
(iii) The more restrictive sanction that the parole board 2,072
may impose may consist of a prison term, provided that the prison 2,073
term cannot exceed nine months and the maximum cumulative prison 2,074
term so imposed for all violations during the period of 2,075
post-release control cannot exceed one-half of the stated prison 2,076
term originally imposed upon the offender. 2,077
(iv) If the violation of the sanction is a felony, the 2,080
offender may be prosecuted for the felony and, in addition to any 2,081
sentence it imposes on the offender for the new felony, the court 2,082
may impose a prison term, subject to a specified maximum, for the 2,083
violation.
(4) If the offender is being sentenced for a sexually 2,085
violent offense that the offender committed on or after the 2,086
effective date of this amendment JANUARY 1, 1997, and the 2,088
offender also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the 2,089
indictment, count in the indictment, or information charging the 2,090
sexually violent offense or if the offender is being sentenced 2,091
for a sexually oriented offense that the offender committed on or 2,092
after the effective date of this section JANUARY 1, 1997, and the 2,093
court imposing the sentence has determined pursuant to division 2,094
(B) of section 2950.09 of the Revised Code that the offender is a 2,096
sexual predator, the court shall include in the offender's 2,097
sentence a statement that the offender has been adjudicated as 2,098
being a sexual predator and shall comply with the requirements of 2,099
section 2950.03 of the Revised Code. Additionally, in the 2,100
circumstances described in division (G) of section 2929.14 of the 2,101
Revised Code, the court shall impose sentence on the offender as 2,102
described in that division.
50
(5) If the sentencing court determines at the sentencing 2,105
hearing that a community control sanction should be imposed and 2,106
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. 2,107
The court shall notify the offender that, if the conditions of 2,108
the sanction are violated or the condition imposed under division 2,109
(C)(1)(b) of section 2951.02 of the Revised Code, if imposed, is 2,110
violated, the court may impose a longer time under the same 2,112
sanction, may impose a more restrictive sanction, or may impose a 2,113
prison term on the offender and shall indicate the specific 2,114
prison term that may be imposed as a sanction for the violation, 2,115
as selected by the court from the range of prison terms for the 2,116
offense pursuant to section 2929.14 of the Revised Code. 2,117
(6) Before imposing a financial sanction under section 2,119
2929.18 of the Revised Code or a fine under section 2929.25 of 2,120
the Revised Code, the court shall consider the offender's present 2,121
and future ability to pay the amount of the sanction or fine. 2,122
(C)(1) If the offender is being sentenced for a fourth 2,124
degree felony OMVI offense and if the court is required by UNDER 2,125
division (G)(1) of section 2929.13 of the Revised Code to impose 2,127
as a sanction a mandatory term of local incarceration, the court 2,129
shall impose the mandatory term of local incarceration in 2,130
accordance with that division, shall impose a mandatory fine in 2,132
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as 2,133
specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of 2,134
the Revised Code. The court shall not impose a prison term on 2,135
the offender.
(2) If the offender is being sentenced for a THIRD OR 2,137
fourth degree felony OMVI offense and if the court is required by 2,139
UNDER division (G)(2) of section 2929.13 of the Revised Code to 2,141
impose as a sanction a mandatory prison term, the court shall 2,143
impose the mandatory prison term in accordance with that 2,144
division, shall impose a mandatory fine in accordance with 2,145
51
division (B)(3) of section 2929.18 of the Revised Code, and, in 2,146
addition, may impose an additional prison term as specified in 2,147
section 2929.14 of the Revised Code. The court shall not impose 2,148
any community control sanction on the offender.
Sec. 2929.23. (A) As used in this section: 2,157
(1) "Electronic monitoring device" means either of the 2,159
following: 2,160
(a) Any device that can be operated by electrical or 2,162
battery power and that conforms with all of the following: 2,163
(i) The device has a transmitter that can be attached to a 2,165
person, that will transmit a specified signal to a receiver of 2,166
the type described in division (A)(1)(a)(ii) of this section if 2,167
the transmitter is removed from the person, turned off, or 2,168
altered in any manner without prior court approval in relation to 2,169
electronically monitored house arrest or electronically monitored 2,170
house detention or without prior approval of the department of 2,171
rehabilitation and correction in relation to the use of an 2,172
electronic monitoring device for an inmate on transitional 2,174
control or otherwise is tampered with, that can transmit 2,175
continuously and periodically a signal to that receiver when the 2,176
person is within a specified distance from the receiver, and that 2,177
can transmit an appropriate signal to that receiver if the person 2,178
to whom it is attached travels a specified distance from that 2,179
receiver.
(ii) The device has a receiver that can receive 2,181
continuously the signals transmitted by a transmitter of the type 2,182
described in division (A)(1)(a)(i) of this section, can transmit 2,183
continuously those signals by telephone to a central monitoring 2,184
computer of the type described in division (A)(1)(a)(iii) of this 2,185
section, and can transmit continuously an appropriate signal to 2,186
that central monitoring computer if the receiver is turned off or 2,187
altered without prior court approval or otherwise tampered with. 2,188
(iii) The device has a central monitoring computer that 2,190
can receive continuously the signals transmitted by telephone by 2,191
52
a receiver of the type described in division (A)(1)(a)(ii) of 2,192
this section and can monitor continuously the person to whom an 2,193
electronic monitoring device of the type described in division 2,194
(A)(1)(a) of this section is attached. 2,195
(b) Any device that is not a device of the type described 2,197
in division (A)(1)(a) of this section and that conforms with all 2,198
of the following: 2,199
(i) The device includes a transmitter and receiver that 2,201
can monitor and determine the location of a subject person at any 2,202
time, or at a designated point in time, through the use of a 2,203
central monitoring computer or through other electronic means; 2,204
(ii) The device includes a transmitter and receiver that 2,206
can determine at any time, or at a designated point in time, 2,207
through the use of a central monitoring computer or other 2,208
electronic means the fact that the transmitter is turned off or 2,209
altered in any manner without prior approval of the court in 2,210
relation to electronically monitored house arrest or 2,211
electronically monitored house detention or without prior 2,212
approval of the department of rehabilitation and correction in 2,213
relation to the use of an electronic monitoring device for an 2,215
inmate on transitional control or otherwise is tampered with. 2,217
(2) "Certified electronic monitoring device" means an 2,219
electronic monitoring device that has been certified by the 2,220
superintendent of the bureau of criminal identification and 2,221
investigation pursuant to division (C)(1) of this section. 2,222
(3) "Eligible offender" means a person who has been 2,224
convicted of or pleaded guilty to any offense, except that a 2,225
person is not an "eligible offender" if any of the following 2,227
apply in relation to the person, the offense, or the person and 2,228
the offense: 2,229
(a) The person is subject to or is serving a term of life 2,231
imprisonment.
(b) The person is subject to or is serving a mandatory 2,233
prison term imposed under division (F) of section 2929.13, 2,234
53
division (D) of section 2929.14, or any other section of the 2,235
Revised Code, provided that, after the person has served all of 2,236
the mandatory prison terms so imposed, the person may be an 2,237
eligible offender unless excluded by division (A)(3)(a), (c) or 2,238
(d) of this section. 2,239
(c) The offense is a violation of division (A) of section 2,242
4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of 2,243
the Revised Code and is serving the mandatory term of local 2,245
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days of 2,246
imprisonment imposed under that division, provided that, after 2,247
the person has served all of the mandatory term of local 2,248
incarceration so imposed, the person may be an eligible offender 2,249
unless excluded by division (A)(3)(a), (b), or (d) of this 2,250
section. 2,251
(d) The offense is a violation of division (A) of section 2,254
4511.19 of the Revised Code, and the person is sentenced for that 2,255
offense pursuant to division (G)(2) of section 2929.13 of the 2,256
Revised Code. 2,257
(4) "Electronically monitored house arrest" means a period 2,259
of confinement of an eligible offender in the eligible offender's 2,261
home or in other premises specified by the sentencing court, 2,262
during which period of confinement all of the following apply: 2,263
(a) The eligible offender wears, otherwise has attached to 2,265
the eligible offender's person, or otherwise is subject to 2,266
monitoring by a certified electronic monitoring device, or the 2,268
eligible offender is subject to monitoring by a certified 2,270
electronic monitoring system;
(b) The eligible offender is required to remain in the 2,272
eligible offender's home or other premises specified by the 2,273
sentencing court for the specified period of confinement, except 2,274
for periods of time during which the eligible offender is at the 2,276
eligible offender's place of employment or at other premises as 2,277
authorized by the sentencing court;
54
(c) The eligible offender is subject to monitoring by a 2,279
central system that monitors the certified electronic monitoring 2,280
device that is attached to the eligible offender's person or that 2,282
otherwise is being used to monitor the eligible offender and that 2,283
can monitor and determine the eligible offender's location at any 2,285
time or at a designated point in time, or the eligible offender 2,286
is required to participate in monitoring by a certified 2,287
electronic monitoring system; 2,288
(d) The eligible offender is required by the sentencing 2,290
court to report periodically to a person designated by the court; 2,291
(e) The eligible offender is subject to any other 2,293
restrictions and requirements that may be imposed by the 2,294
sentencing court. 2,295
(5) "Electronic monitoring system" means a system by which 2,297
the location of an eligible offender can be verified 2,298
telephonically through the use of voice-activated voice response 2,299
technology that conforms with all of the following: 2,300
(a) It can be programmed to call the telephone or 2,302
telephones assigned to the eligible offender who is the subject 2,304
of the monitoring as often as necessary; 2,305
(b) It is equipped with a voice recognition system that 2,307
can work accurately and reliably under the anticipated conditions 2,308
in which it will operate; 2,309
(c) It is equipped to perform an alarm function if the 2,311
eligible offender who is the subject of monitoring does not 2,313
respond to system commands in the manner required. 2,314
(6) "Certified electronic monitoring system" means an 2,316
electronic monitoring system that has been certified by the 2,317
superintendent of the bureau of criminal identification and 2,318
investigation pursuant to division (C)(1) of this section. 2,319
(7) "Electronically monitored house detention" has the 2,321
same meaning as in section 2151.355 of the Revised Code. 2,322
(8) "Transitional control" means the program of 2,325
transitional control established by the department of 2,326
55
rehabilitation and correction under section 2967.26 of the 2,327
Revised Code, if the department establishes a program of that 2,328
nature under that section.
(B)(1) Any court may impose as a sanction pursuant to 2,330
sections 2929.15 and 2929.17 of the Revised Code a period of 2,331
electronically monitored house arrest upon an eligible offender 2,332
who is convicted of or pleads guilty to a felony, except that the 2,333
total of any period of electronically monitored house arrest 2,334
imposed upon that eligible offender plus the period of all other 2,335
sanctions imposed upon the same eligible offender pursuant to 2,336
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised 2,337
Code shall not exceed five years. Any court may impose a period 2,338
of electronically monitored house arrest upon an eligible 2,339
offender who is convicted of or pleads guilty to a misdemeanor in 2,340
addition to or in lieu of any other sentence imposed or 2,341
authorized for the offense, except that the total of any period 2,342
of electronically monitored house arrest imposed upon that 2,343
eligible offender plus the period of any sentence of imprisonment 2,344
imposed upon the same eligible offender shall not exceed the 2,345
maximum term of imprisonment that could be imposed upon the 2,346
eligible offender pursuant to section 2929.21 of the Revised Code 2,347
and except that, if the offense for which an eligible offender is 2,348
being sentenced is a violation of division (A) of section 4511.19 2,349
or of division (D)(2) of section 4507.02 of the Revised Code, the 2,350
court may impose a period of electronically monitored house 2,351
arrest upon the eligible offender only when authorized by and 2,352
only in the circumstances described in division (A) of section 2,353
4511.99 or division (B) of section 4507.99 of the Revised Code. 2,354
If a court imposes a period of electronically monitored 2,356
house arrest upon an eligible offender, it shall require the 2,357
eligible offender to wear, otherwise have attached to the 2,358
eligible offender's person, or otherwise be subject to monitoring 2,360
by a certified electronic monitoring device or to participate in 2,361
the operation of and monitoring by a certified electronic 2,362
56
monitoring system; to remain in the eligible offender's home or 2,363
other specified premises for the entire period of electronically 2,365
monitored house arrest except when the court permits the eligible 2,366
offender to leave those premises to go to the eligible offender's 2,367
place of employment or to other specified premises; to be 2,368
monitored by a central system that monitors the certified 2,369
electronic monitoring device that is attached to the eligible 2,370
offender's person or that otherwise is being used to monitor the 2,372
eligible offender and that can monitor and determine the eligible 2,374
offender's location at any time or at a designated point in time 2,376
or to be monitored by the certified electronic monitoring system; 2,377
to report periodically to a person designated by the court; and, 2,378
in return for receiving a period of electronically monitored 2,379
house arrest, to enter into a written contract with the court 2,380
agreeing to comply with all restrictions and requirements imposed 2,381
by the court, agreeing to pay any fee imposed by the court for 2,382
the costs of the electronically monitored house arrest imposed by 2,383
the court pursuant to division (E) of this section, and agreeing 2,384
to waive the right to receive credit for any time served on 2,385
electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible offender for 2,387
the offense for which the period of electronically monitored 2,388
house arrest was imposed if the eligible offender violates any of 2,389
the restrictions or requirements of the period of electronically 2,391
monitored house arrest, and additionally, it may impose any other 2,392
reasonable restrictions and requirements upon the eligible 2,393
offender.
(2) If an eligible offender violates any of the 2,395
restrictions or requirements imposed upon the eligible offender 2,396
as part of the eligible offender's period of electronically 2,398
monitored house arrest, the eligible offender shall not receive 2,399
credit for any time served on electronically monitored house 2,400
arrest toward any prison term or sentence of imprisonment imposed 2,401
upon the eligible offender for the offense for which the period 2,403
57
of electronically monitored house arrest was imposed. 2,404
(C)(1) The superintendent of the bureau of criminal 2,406
identification and investigation, in accordance with this section 2,407
and rules adopted by the superintendent pursuant to division 2,408
(C)(2) of this section, shall certify for use in cases of 2,409
electronically monitored house arrest, in electronically 2,410
monitored house detention, and in relation to an inmate on 2,412
transitional control specific types and brands of electronic 2,413
monitoring devices and electronic monitoring systems that comply 2,414
with the requirements of this section, section 5120.073 of the 2,415
Revised Code, and those rules. Any manufacturer that, pursuant 2,416
to this division, seeks to obtain the certification of any type 2,417
or brand of electronic monitoring device or electronic monitoring 2,418
system shall submit to the superintendent an application for 2,419
certification in accordance with those rules together with the 2,420
application fee and costs of certification as required by those 2,421
rules. The superintendent shall not certify any electronic 2,422
monitoring device or electronic monitoring system pursuant to 2,423
this division unless the application fee and costs have been paid 2,424
to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of 2,426
the Revised Code, shall adopt rules for certifying specific types 2,427
and brands of electronic monitoring devices and electronic 2,428
monitoring systems for use in electronically monitored house 2,429
arrest, in electronically monitored house detention, and in 2,431
relation to an inmate on transitional control. The rules shall 2,432
set forth the requirements for obtaining the certification, the 2,433
application fee and other costs for obtaining the certification, 2,434
the procedure for applying for certification, and any other 2,435
requirements and procedures considered necessary by the 2,436
superintendent. The rules shall require that no type or brand of 2,437
electronic monitoring device or electronic monitoring system be 2,438
certified unless the type or brand of device or system complies 2,439
with whichever of the following is applicable, in addition to any 2,440
58
other requirements specified by the superintendent: 2,441
(a) For electronic monitoring devices of the type 2,443
described in division (A)(1)(a) of this section, the type or 2,444
brand of device complies with all of the following: 2,445
(i) It has a transmitter of the type described in division 2,447
(A)(1)(a)(i) of this section, a receiver of the type described in 2,448
division (A)(1)(a)(ii) of this section, and a central monitoring 2,449
computer of the type described in division (A)(1)(a)(iii) of this 2,450
section; 2,451
(ii) Its transmitter can be worn by or attached to a 2,453
person with a minimum of discomfort during normal activities, is 2,454
difficult to remove, turn off, or otherwise alter without prior 2,455
court approval in relation to electronically monitored house 2,456
arrest or electronically monitored house detention or prior 2,457
approval of the department of rehabilitation and correction in 2,458
relation to the use of an electronic monitoring device for an 2,460
inmate on transitional control, and will transmit a specified 2,462
signal to the receiver if it is removed, turned off, altered, or 2,463
otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and 2,465
will transmit a signal to the central monitoring computer if it 2,466
is turned off, altered, or otherwise tampered with; 2,467
(iv) Its central monitoring computer is difficult to 2,469
circumvent; 2,470
(v) Its transmitter, receiver, and central monitoring 2,472
computer work accurately and reliably under the anticipated 2,473
conditions under which electronically monitored house arrest or 2,474
electronically monitored house detention will be imposed by 2,475
courts or under which an electronic monitoring device will be 2,478
used by the department of rehabilitation and correction in
relation to an inmate on transitional control; 2,479
(vi) It has a backup battery power supply that operates 2,481
automatically when the main source of electrical or battery power 2,482
for the device fails. 2,483
59
(b) For electronic monitoring devices of the type 2,485
described in division (A)(1)(b) of this section, the type or 2,486
brand of device complies with all of the following: 2,487
(i) It has a transmitter and receiver of the type 2,489
described in divisions (A)(1)(b)(i) and (ii) of this section. 2,490
(ii) Its transmitter is difficult to turn off or alter 2,492
without prior court approval in relation to electronically 2,493
monitored house arrest or electronically monitored house 2,494
detention or without prior approval of the department of 2,495
rehabilitation and correction in relation to the use of an 2,496
electronic monitoring device for an inmate on transitional 2,498
control, and, if the transmitter is turned off or altered in any 2,500
manner without prior approval of the court or department or 2,501
otherwise is tampered with, the fact that it has been turned off, 2,502
altered, or tampered with can be determined at any time, or at a 2,503
designated point in time, through the use of a central monitoring 2,504
computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and, 2,506
if the receiver is turned off, altered, or otherwise tampered 2,507
with, the fact that it has been turned off, altered, or tampered 2,508
with can be determined at any time, or at a designated point in 2,509
time, through the use of a central monitoring computer or through 2,510
other electronic means. 2,511
(iv) Its central monitoring computer or other means of 2,513
electronic monitoring is difficult to circumvent. 2,514
(v) Its transmitter, receiver, and central monitoring 2,516
computer or other means of electronic monitoring work accurately 2,517
and reliably under the anticipated conditions under which 2,518
electronically monitored house arrest or electronically monitored 2,520
house detention will be used, or under which an electronic 2,521
monitoring device will be used by the department of 2,523
rehabilitation and correction in relation to an inmate on 2,524
transitional control.
(vi) If it operates on electrical or battery power, it has 2,526
60
a backup battery power supply that operates automatically when 2,527
the main source of electrical or battery power for the device 2,528
fails, or, if it does not operate on electrical or battery power, 2,529
it has a backup method of operation so that it will continue to 2,530
operate if its main method of operation fails. 2,531
(c) For electronic monitoring systems, the type or brand 2,533
of system complies with all of the following: 2,534
(i) It can be programmed to call the telephone or 2,536
telephones assigned to the person who is the subject of the 2,537
monitoring as often as necessary; 2,538
(ii) It is equipped with a voice recognition system that 2,540
can work accurately and reliably under the anticipated conditions 2,541
in which it will operate; 2,542
(iii) It is equipped to perform an alarm function if the 2,544
person who is the subject of the monitoring does not respond to 2,545
system commands in the manner required. 2,546
(3) The superintendent shall publish and make available to 2,548
all courts and to the department of rehabilitation and 2,549
correction, without charge, a list of all types and brands of 2,550
electronic monitoring devices and electronic monitoring systems 2,551
that have been certified by the superintendent pursuant to 2,552
division (C)(1) of this section and information about the 2,553
manufacturers of the certified devices and systems and places at 2,554
which the devices and systems can be obtained. 2,555
(D) The superintendent of the bureau of criminal 2,557
identification and investigation shall deposit all costs and fees 2,558
collected pursuant to division (C) of this section into the 2,560
general revenue fund.
(E)(1) Each county in which is located a court that 2,562
imposes a period of electronically monitored house arrest or 2,563
electronically monitored house detention as a sentencing sanction 2,564
or alternative may establish in the county treasury an 2,566
electronically monitored house arrest and detention fund. The 2,567
clerk of each court that uses that sentencing sanction or 2,568
61
alternative may deposit into the fund all fees collected from 2,570
eligible offenders upon whom electronically monitored house 2,571
arrest or detention is imposed pursuant to this section, section 2,572
2151.355, or any other section of the Revised Code that 2,573
specifically authorizes the imposition of electronically 2,574
monitored house arrest or detention. Each court that imposes 2,575
electronically monitored house arrest or detention may adopt by 2,576
local court rule a reasonable daily fee to be paid by each 2,577
eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or 2,578
alternative. The fee may include the actual costs of providing 2,580
house arrest or detention and an additional amount necessary to 2,581
enable the court to provide electronically monitored house arrest 2,582
or detention to indigent eligible offenders. The fund may be 2,583
used only for the payment of the costs of electronically 2,584
monitored house arrest or detention, including, but not limited 2,585
to, the costs of electronically monitored house arrest or 2,586
detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of 2,588
this section, it shall be in addition to any fine specifically 2,589
authorized or required by any other section of the Revised Code 2,590
for an eligible offender upon whom a period of electronically 2,591
monitored house arrest or detention is imposed as a sentencing 2,592
sanction or alternative.
Sec. 2929.41. (A) Except as provided in division (B) of 2,601
this section, division (E) of section 2929.14, or division (D) or 2,602
(E) of section 2971.03 of the Revised Code, a sentence of 2,603
imprisonment shall be served concurrently with any other sentence 2,605
of imprisonment imposed by a court of this state, another state, 2,606
or the United States. In any case EXCEPT AS PROVIDED IN DIVISION 2,607
(B)(2) OF THIS SECTION, a sentence of imprisonment for 2,608
misdemeanor shall be served concurrently with a PRISON TERM OR 2,609
sentence of imprisonment for felony served in a state or federal 2,611
correctional institution.
62
(B)(1) A sentence of imprisonment for a misdemeanor shall 2,613
be served consecutively to any other sentence of imprisonment 2,614
when the trial court specifies that it is to be served 2,617
consecutively or when it is imposed for a misdemeanor violation
of section 2907.322, 2921.34, or 2923.131 of the Revised Code. 2,619
(2) When consecutive sentences of imprisonment are imposed 2,622
for misdemeanor UNDER THIS DIVISION, the term to be served is the 2,623
aggregate of the consecutive terms imposed, except that the 2,624
aggregate term to be served shall not exceed eighteen months. 2,625
(2) A SENTENCE OF IMPRISONMENT IMPOSED FOR A MISDEMEANOR 2,627
VIOLATION OF SECTION 4511.19 OR DIVISION (B)(1), (C), (D)(1), OR 2,629
(D)(2) OF SECTION 4507.02 OF THE REVISED CODE SHALL BE SERVED 2,631
CONSECUTIVELY TO A PRISON TERM THAT IS IMPOSED FOR A FELONY 2,632
VIOLATION OF SECTION 2903.06, 2903.07, 2903.08, OR 4511.19 OF THE 2,633
REVISED CODE OR A FELONY VIOLATION OF SECTION 2903.04 OF THE
REVISED CODE INVOLVING THE OPERATION OF A MOTOR VEHICLE BY THE 2,634
OFFENDER AND THAT IS SERVED IN A STATE CORRECTIONAL INSTITUTION 2,635
WHEN THE TRIAL COURT SPECIFIES THAT IT IS TO BE SERVED 2,636
CONSECUTIVELY.
WHEN CONSECUTIVE SENTENCES OF IMPRISONMENT AND PRISON TERMS 2,638
ARE IMPOSED FOR ONE OR MORE MISDEMEANORS AND ONE OR MORE FELONIES 2,639
UNDER THIS DIVISION, THE TERM TO BE SERVED IS THE AGGREGATE OF 2,640
THE CONSECUTIVE TERMS IMPOSED, AND THE OFFENDER SHALL SERVE ALL 2,641
TERMS IMPOSED FOR A FELONY BEFORE SERVING ANY TERM IMPOSED FOR A 2,642
MISDEMEANOR. 2,643
Sec. 2937.222. (A) On the motion of the prosecuting 2,652
attorney or on the judge's own motion, the judge shall hold a 2,653
hearing to determine whether an accused person charged with 2,654
aggravated murder when it is not a capital offense, murder, a 2,655
felony of the first or second degree, a violation of section 2,656
2903.06 of the Revised Code, or a fourth degree felony OMVI 2,657
offense shall be denied bail. The judge shall order that the 2,658
accused be detained until the conclusion of the hearing. Except 2,659
for good cause, a continuance on the motion of the state shall 2,660
63
not exceed three court days. Except for good cause, a 2,662
continuance on the motion of the accused shall not exceed five
court days unless the motion of the accused waives in writing the 2,663
five-day limit and states in writing a specific period for which 2,664
the accused requests a continuance. A continuance granted upon a 2,665
motion of the accused that waives in writing the five-day limit 2,666
shall not exceed five court days after the period of continuance 2,667
requested in the motion.
At the hearing, the accused has the right to be represented 2,670
by counsel and, if the accused is indigent, to have counsel 2,671
appointed. The judge shall afford the accused an opportunity to 2,672
testify, to present witnesses and other information, and to 2,673
cross-examine witnesses who appear at the hearing. The rules 2,674
concerning admissibility of evidence in criminal trials do not 2,675
apply to the presentation and consideration of information at the 2,676
hearing. Regardless of whether the hearing is being held on the 2,677
motion of the prosecuting attorney or on the court's own motion, 2,678
the state has the burden of proving that the proof is evident or 2,680
the presumption great that the accused committed the offense with 2,681
which the accused is charged, of proving that the accused poses a 2,682
substantial risk of serious physical harm to any person or to the 2,683
community, and of proving that no release conditions will
reasonably assure the safety of that person and the community. 2,684
The judge may reopen the hearing at any time before trial 2,687
if the judge finds that information exists that was not known to 2,688
the movant at the time of the hearing and that that information 2,689
has a material bearing on whether bail should be denied. If a 2,690
municipal court or county court enters an order denying bail, a 2,691
judge of the court of common pleas having jurisdiction over the 2,692
case may continue that order or may hold a hearing pursuant to 2,693
this section to determine whether to continue that order. 2,694
(B) No accused person shall be denied bail pursuant to 2,697
this section unless the judge finds by clear and convincing
evidence that the proof is evident or the presumption great that 2,699
64
the accused committed the offense described in division (A) of 2,701
this section with which the accused is charged, finds by clear 2,702
and convincing evidence that the accused poses a substantial risk 2,704
of serious physical harm to any person or to the community, and
finds by clear and convincing evidence that no release conditions 2,705
will reasonably assure the safety of that person and the 2,707
community.
(C) The judge, in determining whether the accused person 2,709
described in division (A) of this section poses a substantial 2,712
risk of serious physical harm to any person or to the community 2,713
and whether there are conditions of release that will reasonably 2,714
assure the safety of that person and the community, shall
consider all available information regarding all of the 2,716
following:
(1) The nature and circumstances of the offense charged, 2,718
including whether the offense is an offense of violence or 2,719
involves alcohol or a drug of abuse; 2,720
(2) The weight of the evidence against the accused; 2,722
(3) The history and characteristics of the accused, 2,724
including, but not limited to, both of the following: 2,725
(a) The character, physical and mental condition, family 2,728
ties, employment, financial resources, length of residence in the 2,729
community, community ties, past conduct, history relating to drug 2,730
or alcohol abuse, and criminal history of the accused; 2,731
(b) Whether, at the time of the current alleged offense or 2,734
at the time of the arrest of the accused, the accused was on
probation, parole, post-release control, or other release pending 2,736
trial, sentencing, appeal, or completion of sentence for the 2,737
commission of an offense under the laws of this state, another 2,738
state, or the United States or under a municipal ordinance. 2,739
(4) The nature and seriousness of the danger to any person 2,741
or the community that would be posed by the person's release. 2,742
(D)(1) An order of the court of common pleas denying bail 2,745
pursuant to this section is a final appealable order. In an 2,746
65
appeal pursuant to division (D) of this section, the court of 2,747
appeals shall do all of the following: 2,748
(a) Give the appeal priority on its calendar; 2,750
(b) Liberally modify or dispense with formal requirements 2,752
in the interest of a speedy and just resolution of the appeal; 2,753
(c) Decide the appeal expeditiously; 2,755
(d) Promptly enter its judgment affirming or reversing the 2,757
order denying bail. 2,758
(2) The pendency of an appeal under this section does not 2,760
deprive the court of common pleas of jurisdiction to conduct 2,761
further proceedings in the case or to further consider the order 2,762
denying bail in accordance with this section. If, during the 2,763
pendency of an appeal under division (D) of this section, the 2,764
court of common pleas sets aside or terminates the order denying 2,765
bail, the court of appeals shall dismiss the appeal. 2,766
(E) As used in this section: 2,768
(1) "Court day" has the same meaning as in section 5122.01 2,771
of the Revised Code. 2,772
(2) "FELONY OMVI OFFENSE" MEANS A THIRD DEGREE FELONY OMVI 2,775
OFFENSE AND A FOURTH DEGREE FELONY OMVI OFFENSE.
(3) "Fourth degree felony OMVI offense" has AND "THIRD 2,778
DEGREE FELONY OMVI OFFENSE" HAVE the same meaning MEANINGS as in 2,779
section 2929.01 of the Revised Code. 2,781
Sec. 3793.10. A drivers' intervention program may be used 2,790
as an alternative to a term of imprisonment for an offender 2,791
sentenced pursuant to division (A)(1) of section 4511.99 of the 2,792
Revised Code, if it is certified by the director of alcohol and 2,793
drug addiction services pursuant to this section. No drivers' 2,794
intervention program shall be used as an alternative to a term of 2,795
imprisonment that is imposed pursuant to division (A)(2), (3), or 2,797
(4), (6), (7), OR (8) of section 4511.99 of the Revised Code. 2,799
To qualify for certification by the director and to receive 2,801
funds from the statewide treatment and prevention fund created by 2,804
section 4301.30 of the Revised Code in any amounts and at any 2,806
66
times that the director determines are appropriate, a drivers' 2,807
intervention program shall meet state minimum standards that the 2,808
director shall establish by rule. The rules shall include, but 2,809
are not limited to, standards governing program course hours and 2,810
content, qualifications of program personnel, methods of 2,811
identifying and testing participants to isolate participants with 2,812
alcohol and drug abuse problems, referral of such persons to 2,813
alcohol and drug addiction programs, the prompt notification of 2,814
courts by program operators of the completion of the programs by 2,815
persons required by courts to attend them, and record keeping, 2,816
including methods of tracking participants for a reasonable time 2,817
after they have left the program. 2,818
The director shall issue a certificate to any qualified 2,820
drivers' intervention program. The certificate is valid for 2,822
three years.
Sec. 4503.233. (A)(1) As used in this section, "vehicle 2,831
owner" means either of the following: 2,832
(a) The person in whose name is registered, at the time of 2,834
the offense, a vehicle that is subject to an immobilization order 2,835
issued under division (A)(2) of this section; 2,836
(b) A person to whom, at the time of the offense, the 2,838
certificate of title to a vehicle has been assigned and who has 2,839
not obtained a certificate of title to the vehicle in that 2,840
person's name but who is deemed by the court as being the owner 2,841
of the vehicle at the time of the offense for which the vehicle
is subject to an immobilization and impoundment order issued 2,842
under division (A)(2) of this section. 2,843
(2) If a court is required to order the immobilization of 2,845
a vehicle for a specified period of time pursuant to division 2,846
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99, 2,847
pursuant to division (A)(2)(b) or, (3)(b), (6)(b), OR (7)(b) of 2,849
section 4511.99, pursuant to division (B)(1) or (2) or (C)(1) or 2,850
(2) of section 4507.361, or pursuant to division (B)(2)(a) or (b) 2,851
of section 4511.193 of the Revised Code, the court shall issue an 2,852
67
immobilization order, subject to section 4503.235 of the Revised 2,854
Code, in accordance with this division and for the period of time 2,855
specified in the particular division, and the immobilization
under the order shall be in accordance with this section. The 2,857
court, at the time of sentencing the offender for the offense 2,858
relative to which the immobilization order is issued or as soon 2,859
thereafter as is practicable, shall give a copy of the order to 2,860
the offender or the offender's counsel and to the vehicle owner 2,861
or the vehicle owner's counsel. The court promptly shall send a 2,862
copy of the order to the registrar on a form prescribed by the 2,863
registrar and to the person or agency it designates to execute
the order. 2,864
The order shall indicate the date on which it is issued, 2,866
shall identify the vehicle that is subject to the order, and 2,867
shall specify all of the following: 2,868
(a) The period of the immobilization; 2,870
(b) The place at which the court determines that the 2,872
immobilization shall be carried out, provided that the court 2,873
shall not determine and shall not specify that the immobilization 2,874
is to be carried out at any place other than a commercially 2,875
operated private storage lot, a place owned by a law enforcement 2,876
or other government agency, or a place to which one of the 2,877
following applies: 2,878
(i) The place is leased by or otherwise under the control 2,880
of a law enforcement or other government agency. 2,881
(ii) The place is owned by the offender, the offender's 2,883
spouse, or a parent or child of the offender. 2,884
(iii) The place is owned by a private person or entity, 2,886
and, prior to the issuance of the order, the private entity or 2,887
person that owns the place, or the authorized agent of that 2,888
private entity or person, has given express written consent for 2,889
the immobilization to be carried out at that place. 2,890
(iv) The place is a public street or highway on which the 2,892
vehicle is parked in accordance with the law. 2,893
68
(c) The person or agency designated by the court to 2,895
execute the order, which shall be either the law enforcement 2,896
agency that employs the law enforcement officer who seized the 2,897
vehicle, a bailiff of the court, another person the court 2,898
determines to be appropriate to execute the order, or the law 2,899
enforcement agency with jurisdiction over the place of residence 2,900
of the vehicle owner; 2,901
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL 2,903
BE PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE 2,904
REGISTRATION OF ANY MOTOR VEHICLE IN THE NAME OF THE VEHICLE 2,905
OWNER UNTIL THE IMMOBILIZATION FEE IS PAID. 2,906
(3) The person or agency the court designates to 2,908
immobilize the vehicle shall seize or retain that vehicle's 2,909
license plates and forward them to the bureau of motor vehicles. 2,910
(4) In all cases, the vehicle owner shall be assessed an 2,913
immobilization fee of one hundred dollars, and the immobilization 2,914
fee shall be paid to the registrar before the vehicle may be 2,915
released to the vehicle, and that neither the registrar nor a 2,916
deputy registrar will be permitted to accept an application for
the license plate registration of any motor vehicle in the name 2,917
of the vehicle owner until the immobilization fee is paid owner. 2,918
Neither the registrar nor a deputy registrar shall accept an 2,919
application for the registration of any motor vehicle in the name 2,920
of the vehicle owner until the immobilization fee is paid. 2,921
(5) If the vehicle subject to the order is immobilized 2,924
pursuant to the order and is found being operated upon any street 2,925
or highway in this state during the immobilization period, it 2,926
shall be seized, removed from the street or highway, and 2,927
criminally forfeited and disposed of pursuant to section 4503.234 2,928
of the Revised Code.
the owner's 2,930
(6) The registrar shall deposit the immobilization fee 2,932
into the law enforcement reimbursement fund created by section 2,933
4501.19 of the Revised Code. Money in the fund shall be expended 2,934
69
only as provided in division (A)(6) of this section. If the 2,935
court designated in the order a court bailiff or another 2,936
appropriate person other than a law enforcement officer to 2,937
immobilize the vehicle, the amount of the fee deposited into the 2,938
law enforcement reimbursement fund shall be paid out to the 2,939
county treasury if the court that issued the order is a county 2,940
court, to the treasury of the municipal corporation served by the 2,941
court if the court that issued the order is a mayor's court, or 2,942
to the city treasury of the legislative authority of the court, 2,943
both as defined in section 1901.03 of the Revised Code, if the 2,944
court that issued the order is a municipal court. If the court 2,945
designated a law enforcement agency to immobilize the vehicle and 2,946
if the law enforcement agency immobilizes the vehicle, the amount 2,947
of the fee deposited into the law enforcement reimbursement fund 2,948
shall be paid out to the law enforcement agency to reimburse the 2,949
agency for the costs it incurs in obtaining immobilization 2,950
equipment and, if required, in sending an officer or other person 2,951
to search for and locate the vehicle specified in the 2,952
immobilization order and to immobilize the vehicle. 2,953
In addition to the immobilization fee required to be paid 2,955
under division (A)(4) of this section, the vehicle owner may be 2,957
charged expenses or charges incurred in the removal and storage
of the immobilized vehicle. 2,958
(B) If a court issues an immobilization order under 2,961
division (A)(2) of this section, the person or agency designated 2,962
by the court to execute the immobilization order promptly shall 2,963
immobilize or continue the immobilization of the vehicle at the 2,964
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the 2,965
issuance of new identification license plates for the vehicle at 2,966
the end of the immobilization period the owner's until the 2,967
immobilization fee has been paid. 2,968
the owner's 2,970
(C) Upon receipt of the license plates for a vehicle under 2,972
70
this section, the registrar the registrar's shall destroy the 2,973
license plates. At the end of the immobilization period and upon 2,974
the payment of the immobilization fee that must be paid under 2,975
this section, the registrar shall authorize the release of the 2,976
vehicle and authorize the issuance, upon the payment of the same 2,977
fee as is required for the replacement of lost, mutilated, or 2,978
destroyed license plates and certificates of registration, of new 2,980
license plates and, if necessary, a new certificate of 2,981
registration to the vehicle owner for the vehicle in question. 2,982
(D)(1) If a court issues an immobilization order under 2,984
division (A) of this section, the immobilization period commences 2,986
on the day on which the vehicle in question is immobilized the 2,987
owner. If the vehicle in question had been seized under section 2,988
4507.38 or 4511.195 of the Revised Code, the time between the 2,989
seizure and the beginning of the immobilization period shall be 2,990
credited against the immobilization period specified in the 2,992
immobilization order issued under division (A) of this section. 2,993
No vehicle that is impounded under this section is eligible to 2,994
have special license plates of the type described in section 2,995
4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under 2,997
division (A) of this section, if the vehicle subject to the order 2,999
is immobilized under the order, and if the vehicle is found being 3,000
operated upon any street or highway of this state during the 3,001
immobilization period, it shall be seized, removed from the 3,002
street or highway, and criminally forfeited, and disposed of 3,003
pursuant to section 4503.234 of the Revised Code. No vehicle 3,004
that is forfeited under this provision shall be considered 3,005
contraband for purposes of section 2933.41, 2933.42, or 2933.43 3,006
of the Revised Code, but shall be held by the law enforcement 3,007
agency that employs the officer who seized it for disposal in 3,008
accordance with section 4503.234 of the Revised Code. 3,009
(3) If a court issues an immobilization order under 3,011
division (A) of this section, and if the vehicle is not claimed 3,013
71
within seven days after the end of the period of immobilization 3,014
or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized the 3,016
vehicle shall send a written notice to the vehicle owner at the 3,017
vehicle owner's last known address informing the vehicle owner of 3,018
the date on which the period of immobilization ended, that the 3,019
owner the owner's the vehicle owner has twenty days after the 3,020
date of the notice to pay the immobilization fee and obtain the 3,022
release of the vehicle, and that if the owner the owner's the 3,023
vehicle owner does not pay the fee and obtain the release of the 3,024
vehicle within that twenty-day period, the vehicle will be 3,025
forfeited under section 4503.234 of the Revised Code to the 3,026
entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an 3,028
immobilization order issued under division (A) of this section 3,030
shall not sell the motor vehicle without approval of the court 3,031
that issued the order. If such an owner wishes to sell such a 3,032
the motor vehicle during the immobilization period, the owner 3,033
shall apply to the court that issued the immobilization order for 3,034
permission to assign the title to the vehicle. If the court is 3,036
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(2) of 3,037
this section, it may certify its consent to the owner and to the 3,038
registrar. Upon receipt of the court's consent, the registrar 3,039
shall enter the court's notice in the owner's vehicle license 3,040
plate registration record.
If, during a period of immobilization under an 3,042
immobilization order issued under division (A) of this section, 3,044
the title to the immobilized motor vehicle is transferred by the 3,045
foreclosure of a chattel mortgage, a sale upon execution, the 3,046
cancellation of a conditional sales contract, or an order of a 3,047
court, the involved court shall notify the registrar of the 3,048
action, and the registrar shall enter the court's notice in the 3,049
owner's vehicle license plate registration record. 3,050
72
Nothing in this section shall be construed as requiring the 3,052
registrar or the clerk of the court of common pleas to note upon 3,053
the certificate of title records any prohibition regarding the 3,054
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an 3,056
immobilization order under division (A) of this section is 3,058
assigned or transferred without court approval between the time 3,059
of arrest of the person who was operating the vehicle at the time 3,060
of the offense for which such an order is to be issued and the 3,061
time of the actual immobilization of the vehicle, the court shall 3,062
order that, for a period of two years from the date of the order, 3,063
neither the registrar nor any deputy registrar shall accept an 3,064
application for the registration of any motor vehicle in the name 3,065
of the owner of the vehicle that was assigned or transferred 3,066
without court approval. The court shall notify the registrar of 3,067
the order on a form prescribed by the registrar for that purpose. 3,068
(E)(1) The court with jurisdiction over the case, after 3,070
notice to all interested parties including lienholders, and after 3,071
an opportunity for them to be heard, if the vehicle owner fails 3,072
to appear in person, without good cause, or if the court finds 3,073
that the vehicle owner does not intend to seek release of the 3,074
vehicle at the end of the period of immobilization or that the 3,075
vehicle owner is not or will not be able to pay the expenses and 3,076
charges incurred in its removal and storage, may order that title 3,077
to the vehicle be transferred, in order of priority, first into 3,078
the name of the entity entitled to the immobilization fee under 3,079
division (A)(6) of this section, next into the name of a 3,080
lienholder, or lastly, into the name of the owner of the place of 3,081
storage. 3,082
A lienholder that receives title under a court order shall 3,085
do so on the condition that it pay any expenses or charges 3,086
incurred in the vehicle's removal and storage. If the entity
that receives title to the vehicle is the entity that is entitled 3,087
to the immobilization fee under division (A)(6) of this section, 3,088
73
it shall receive title on the condition that it pay any lien on 3,089
the vehicle. The court shall not order that title be transferred 3,090
to any person or entity other than the owner of the place of 3,091
storage if the person or entity refuses to receive the title. 3,092
Any person or entity that receives title may either keep title to 3,093
the vehicle or may dispose of the vehicle in any legal manner 3,094
that it considers appropriate, including assignment of the 3,095
certificate of title to the motor vehicle to a salvage dealer or 3,096
a scrap metal processing facility. The person or entity shall 3,097
not transfer the vehicle to the person who is the vehicle's 3,098
immediate previous owner. 3,099
If the person or entity assigns the motor vehicle to a 3,101
salvage dealer or scrap metal processing facility, the person or 3,103
entity shall send the assigned certificate of title to the motor 3,104
vehicle to the clerk of the court of common pleas of the county 3,105
in which the salvage dealer or scrap metal processing facility is 3,106
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall 3,107
deliver a photocopy of the certificate of title to the salvage 3,108
dealer or scrap metal processing facility for its records. 3,109
(2) Whenever a court issues an order under division (E)(1) 3,111
of this section, the court also shall order removal of the 3,112
license plates from the vehicle and cause them to be sent to the 3,113
registrar if they have not already been sent to the registrar. 3,114
Thereafter, no further proceedings shall take place under this 3,115
section, but the vehicle owner remains liable for payment of the 3,116
immobilization fee described in division (A)(4) of this section 3,117
if an immobilization order previously had been issued by the 3,118
court.
(3) Prior to initiating a proceeding under division (E)(1) 3,120
of this section, and upon payment of the fee under division (B) 3,121
of section 4505.14 of the Revised Code, any interested party may 3,122
cause a search to be made of the public records of the bureau of 3,123
motor vehicles or the clerk of the court of common pleas, to 3,124
74
ascertain the identity of any lienholder of the vehicle. The 3,125
initiating party shall furnish this information to the clerk of 3,126
the court with jurisdiction over the case, and the clerk shall 3,128
provide notice to the vehicle owner, the defendant, any 3,129
lienholder, and any other interested parties listed by the 3,130
initiating party, at the last known address supplied by the 3,131
initiating party, by certified mail or, at the option of the 3,132
initiating party, by personal service or ordinary mail. 3,133
As used in this section, "interested party" includes the 3,135
vehicle owner, all lienholders, the defendant, the owner of the 3,136
place of storage, the person or entity that caused the vehicle to 3,137
be removed, and the person or entity, if any, entitled to the 3,138
immobilization fee under division (A)(6) of this section. 3,139
Sec. 4503.44. (A) As used in this section and in section 3,148
4511.69 of the Revised Code: 3,149
(1) "Person with a disability that limits or impairs the 3,151
ability to walk" means any person who, as determined by a 3,152
physician or chiropractor, meets any of the following criteria: 3,153
(a) Cannot walk two hundred feet without stopping to rest; 3,155
(b) Cannot walk without the use of, or assistance from, a 3,157
brace, cane, crutch, another person, prosthetic device, 3,158
wheelchair, or other assistive device; 3,159
(c) Is restricted by a lung disease to such an extent that 3,161
the person's forced (respiratory) expiratory volume for one 3,162
second, when measured by spirometry, is less than one liter, or 3,163
the arterial oxygen tension is less than sixty millimeters of 3,164
mercury on room air at rest;
(d) Uses portable oxygen; 3,166
(e) Has a cardiac condition to the extent that the 3,168
person's functional limitations are classified in severity as 3,169
class III or class IV according to standards set by the American 3,170
heart association;
(f) Is severely limited in the ability to walk due to an 3,172
arthritic, neurological, or orthopedic condition; 3,173
75
(g) Is blind. 3,175
(2) "Organization" means any private organization or 3,177
corporation, or any governmental board, agency, department, 3,178
division, or office, that, as part of its business or program, 3,179
transports persons with disabilities that limit or impair the 3,180
ability to walk on a regular basis in a motor vehicle that has 3,182
not been altered for the purpose of providing it with special 3,183
equipment for use by handicapped persons. This definition does
not apply to division (J) of this section. 3,184
(3) "Physician" means a person licensed to practice 3,186
medicine or surgery or osteopathic medicine and surgery under 3,187
Chapter 4731. of the Revised Code. 3,188
(4) "Chiropractor" means a person licensed to practice 3,190
chiropractic under Chapter 4734. of the Revised Code. 3,191
(B) Any organization or person with a disability that 3,193
limits or impairs the ability to walk may apply to the registrar 3,196
of motor vehicles for a removable windshield placard or, if the 3,197
person owns or leases a motor vehicle, the person may apply for 3,198
the registration of any motor vehicle the person owns or leases. 3,199
In addition to one or more sets of license plates or one placard, 3,200
a person with a disability that limits or impairs the ability to 3,201
walk is entitled to one additional placard, but only if the 3,202
person applies separately for the additional placard, states the 3,204
reasons why the additional placard is needed, and the registrar, 3,205
in the registrar's discretion, determines that good and 3,206
justifiable cause exists to approve the request for the 3,207
additional placard. When a motor vehicle has been altered for 3,209
the purpose of providing it with special equipment for a person 3,210
with a disability that limits or impairs the ability to walk, but 3,211
is owned or leased by someone other than such a person, the owner 3,212
or lessee may apply to the registrar or a deputy registrar for 3,213
registration under this section. The application for 3,214
registration of a motor vehicle owned or leased by a person with 3,216
a disability that limits or impairs the ability to walk shall be
76
accompanied by a signed statement from the applicant's personal 3,218
physician or chiropractor certifying that the applicant meets at 3,219
least one of the criteria contained in division (A)(1) of this 3,221
section and that the disability is expected to continue for more 3,222
than six consecutive months. The application for a removable 3,223
windshield placard made by a person with a disability that limits 3,224
or impairs the ability to walk shall be accompanied by a 3,225
prescription from the applicant's personal physician or 3,226
chiropractor prescribing such a placard for the applicant, and by 3,227
a signed statement certifying that the applicant meets at least 3,228
one of the criteria contained in division (A)(1) of this section. 3,229
The physician or chiropractor shall state on the prescription the 3,230
length of time the physician or chiropractor expects the 3,231
applicant to have the disability that limits or impairs the 3,232
applicant's ability to walk. The application for a removable 3,234
windshield placard made by an organization shall be accompanied 3,235
by such documentary evidence of regular transport of persons with 3,236
disabilities that limit or impair the ability to walk by the 3,237
organization as the registrar may require by rule and shall be 3,238
completed in accordance with procedures that the registrar may 3,239
require by rule. The application for registration of a motor 3,240
vehicle that has been altered for the purpose of providing it 3,241
with special equipment for a person with a disability that limits 3,242
or impairs the ability to walk but is owned by someone other than 3,244
such a person shall be accompanied by such documentary evidence 3,245
of vehicle alterations as the registrar may require by rule. 3,246
(C) When an organization, a person with a disability that 3,249
limits or impairs the ability to walk, or a person who does not 3,250
have a disability that limits or impairs the ability to walk but
owns a motor vehicle that has been altered for the purpose of 3,252
providing it with special equipment for a person with a 3,253
disability that limits or impairs the ability to walk first 3,254
submits an application for registration of a motor vehicle under 3,255
this section and every FIFTH year thereafter, the organization or 3,256
77
person shall submit a signed statement from the applicant's 3,257
personal physician or chiropractor, a completed application, and 3,258
any required documentary evidence of vehicle alterations as 3,259
provided in division (B) of this section, and also a power of 3,260
attorney from the owner of the motor vehicle if the applicant 3,261
leases the vehicle. Upon submission of these items, the 3,263
registrar or deputy registrar shall issue to the applicant
appropriate vehicle registration and a set of license plates and 3,264
validation stickers, or validation stickers alone when required 3,265
by section 4503.191 of the Revised Code. In addition to the 3,266
letters and numbers ordinarily inscribed thereon, the license 3,267
plates shall be imprinted with the international symbol of 3,268
access. The license plates and validation stickers shall be 3,269
issued upon payment of the regular license fee as prescribed 3,270
under section 4503.04 of the Revised Code and any motor vehicle 3,271
tax levied under Chapter 4504. of the Revised Code, and the 3,272
payment of a service fee equal to the amount specified in 3,273
division (D) or (G) of section 4503.10 of the Revised Code. 3,274
(D)(1) Upon receipt of a completed and signed application 3,277
for a removable windshield placard, a prescription as described 3,279
in division (B) of this section, documentary evidence of regular 3,281
transport of persons with disabilities that limit or impair the 3,282
ability to walk, if required, and payment of a service fee equal 3,284
to the amount specified in division (D) or (G) of section 4503.10 3,285
of the Revised Code, the registrar or deputy registrar shall 3,287
issue to the applicant a removable windshield placard, which 3,288
shall bear the date of expiration on both sides of the placard 3,289
and shall be valid until expired, revoked, or surrendered. Every 3,292
removable windshield placard expires as described in division 3,293
(D)(2) of this section, but in no case shall a removable 3,294
windshield placard be valid for a period of less than sixty days. 3,295
Removable windshield placards shall be renewable upon application 3,296
as provided in division (B) of this section, and a service fee 3,297
equal to the amount specified in division (D) or (G) of section 3,298
78
4503.10 of the Revised Code shall be charged for the renewal of a 3,299
removable windshield placard. The registrar shall provide the 3,300
application form and shall determine the information to be 3,301
included thereon. The registrar also shall determine the form 3,302
and size of the removable windshield placard, the material of 3,303
which it is to be made, and any other information to be included 3,304
thereon, and shall adopt rules relating to the issuance, 3,305
expiration, revocation, surrender, and proper display of such 3,306
placards. Any placard issued after the effective date of this 3,307
amendment OCTOBER 14, 1999, shall be manufactured in a manner 3,308
that allows the expiration date of the placard to be indicated on 3,310
it through the punching, drilling, boring, or creation by any 3,311
other means of holes in the placard. 3,312
(2) At the time a removable windshield placard is issued 3,315
to a person with a disability that limits or impairs the ability 3,316
to walk, the registrar or deputy registrar shall enter into the 3,317
records of the bureau of motor vehicles the last date on which 3,318
the person will have that disability, as indicated on the 3,319
accompanying prescription. Not less than thirty days prior to 3,320
that date and all removable windshield placard renewal dates, the
bureau shall send a renewal notice to that person at the person's 3,322
last known address as shown in the records of the bureau, 3,323
informing the person that the person's removable windshield 3,324
placard will expire on the indicated date not to exceed five 3,325
years from the date of issuance, and that the person is required 3,326
to renew the placard by submitting to the registrar or a deputy 3,327
registrar another prescription, as described in division (B) of 3,329
this section, and by complying with the renewal provisions 3,330
prescribed in division (D)(1) of this section. If such a 3,332
prescription is not received by the registrar or a deputy
registrar by that date, the placard issued to that person expires 3,334
and no longer is valid, and this fact shall be recorded in the 3,335
records of the bureau.
(3) At least once every year, on a date determined by the 3,338
79
registrar, the bureau shall examine the records of the office of 3,339
vital statistics, located within the department of health, that 3,340
pertain to deceased persons, and also the bureau's records of all 3,341
persons who have been issued removable windshield placards and 3,342
temporary removable windshield placards. If the records of the 3,343
office of vital statistics indicate that a person to whom a 3,344
removable windshield placard or temporary removable windshield 3,345
placard has been issued is deceased, the bureau shall cancel that 3,346
placard, and note the cancellation in its records. 3,347
The office of vital statistics shall make available to the 3,350
bureau all information necessary to enable the bureau to comply 3,351
with division (D)(3) of this section.
(4) Nothing in this section shall be construed to require 3,353
a person or organization to apply for a removable windshield 3,354
placard or special license plates if the parking card or special 3,355
license plates issued to the person or organization under prior 3,356
law have not expired or been surrendered or revoked.
(E) Any person with a disability that limits or impairs 3,358
the ability to walk may apply to the registrar or a deputy 3,360
registrar for a temporary removable windshield placard. The 3,361
application for a temporary removable windshield placard shall be 3,362
accompanied by a prescription from the applicant's personal 3,363
physician or chiropractor prescribing such a placard for the 3,364
applicant, and by a signed statement certifying that the 3,365
applicant meets at least one of the criteria contained in 3,366
division (A)(1) of this section and that the disability is 3,367
expected to continue for six consecutive months or less. The 3,369
physician or chiropractor shall state on the prescription the
length of time the physician or chiropractor expects the 3,370
applicant to have the disability that limits or impairs the 3,371
applicant's ability to walk, which cannot exceed six months from 3,372
the date of the prescription. Upon receipt of an application for 3,374
a temporary removable windshield placard, presentation of the 3,375
prescription and the signed statement from the applicant's 3,376
80
personal physician or chiropractor, and payment of a service fee 3,377
equal to the amount specified in division (D) or (G) of section 3,379
4503.10 of the Revised Code, the registrar or deputy registrar 3,380
shall issue to the applicant a temporary removable windshield 3,381
placard. The temporary removable windshield placard shall be of 3,382
the same size and form as the removable windshield placard, shall
be printed in white on a red-colored background, and shall bear 3,384
the word "temporary" in letters of such size as the registrar 3,385
shall prescribe. A temporary removable windshield placard also 3,386
shall bear the date of expiration on the front and back of the 3,387
placard, and shall be valid until expired, surrendered, or 3,388
revoked, but in no case shall such a placard be valid for a 3,389
period of less than sixty days. The registrar shall provide the 3,390
application form and shall determine the information to be 3,391
included on it. The registrar also shall determine the material 3,392
of which the temporary removable windshield placard is to be made 3,393
and any other information to be included on the placard and shall 3,394
adopt rules relating to the issuance, expiration, surrender, 3,395
revocation, and proper display of those placards. Any temporary 3,397
removable windshield placard issued after the effective date of 3,398
this amendment OCTOBER 14, 1999, shall be manufactured in a 3,399
manner that allows for the expiration date of the placard to be 3,400
indicated on it through the punching, drilling, boring, or 3,401
creation by any other means of holes in the placard. 3,402
(F) If an applicant for a removable windshield placard is 3,404
a veteran of the armed forces of the United States whose 3,405
disability, as defined in division (A)(1) of this section, is 3,406
service-connected, the registrar or deputy registrar, upon 3,407
receipt of the application, presentation of a signed statement 3,408
from the applicant's personal physician or chiropractor 3,410
certifying the applicant's disability, and presentation of such 3,412
documentary evidence from the department of veterans affairs that
the disability of the applicant meets at least one of the 3,413
criteria identified in division (A)(1) of this section and is 3,415
81
service-connected as the registrar may require by rule, but 3,417
without the payment of any service fee, shall issue the applicant 3,418
a removable windshield placard that is valid until expired, 3,420
surrendered, or revoked. 3,421
Upon a conviction of a violation of division (H), (I), or 3,423
(J) of this section, the court shall report the conviction, and 3,424
send the placard or parking card, if available, to the registrar, 3,426
who thereupon shall revoke the privilege of using the placard or 3,427
parking card and send notice in writing to the placardholder or 3,428
cardholder at that holder's last known address as shown in the 3,429
records of the bureau, and the placardholder or cardholder shall 3,430
return the placard or card if not previously surrendered to the 3,431
court, to the registrar within ten days following mailing of the 3,432
notice.
Whenever a person to whom a removable windshield placard or 3,434
parking card has been issued moves to another state, the person 3,435
shall surrender the placard or card to the registrar; and 3,436
whenever an organization to which a placard or card has been 3,437
issued changes its place of operation to another state, the 3,438
organization shall surrender the placard or card to the 3,439
registrar.
(G) Subject to division (F) of section 4511.69 of the 3,442
Revised Code, the operator of a motor vehicle displaying a 3,443
removable windshield placard, temporary removable windshield
placard, parking card, or the special license plates authorized 3,445
by this section is entitled to park the motor vehicle in any 3,447
special parking location reserved for persons with disabilities
that limit or impair the ability to walk, also known as 3,448
handicapped parking spaces or disability parking spaces. 3,449
(H) No person or organization that is not eligible under 3,451
division (B) or (E) of this section shall willfully and falsely 3,452
represent that the person or organization is so eligible. 3,454
No person or organization shall display license plates 3,456
issued under this section unless the license plates have been 3,457
82
issued for the vehicle on which they are displayed and are valid. 3,458
(I) No person or organization to which a removable 3,460
windshield placard or temporary removable windshield placard is 3,461
issued shall do either of the following: 3,462
(1) Display or permit the display of the placard on any 3,465
motor vehicle when having reasonable cause to believe the motor 3,466
vehicle is being used in connection with an activity that does 3,467
not include providing transportation for persons with
disabilities that limit or impair the ability to walk; 3,468
(2) Refuse to return or surrender the placard, when 3,470
required.
(J)(1) No person or organization to which a parking card 3,472
is issued shall do either of the following: 3,473
(a) Display or permit the display of the parking card on 3,475
any motor vehicle when having reasonable cause to believe the 3,476
motor vehicle is being used in connection with an activity that 3,477
does not include providing transportation for a handicapped 3,478
person;
(b) Refuse to return or surrender the parking card, when 3,480
required.
(2) As used in division (J) of this section: 3,482
(a) "Handicapped person" means any person who has lost the 3,484
use of one or both legs or one or both arms, who is blind, deaf, 3,485
or so severely handicapped as to be unable to move about without 3,486
the aid of crutches or a wheelchair, or whose mobility is 3,487
restricted by a permanent cardiovascular, pulmonary, or other
handicapping condition. 3,488
(b) "Organization" means any private organization or 3,490
corporation, or any governmental board, agency, department, 3,491
division, or office, that, as part of its business or program, 3,492
transports handicapped persons on a regular basis in a motor 3,493
vehicle that has not been altered for the purposes of providing
it with special equipment for use by handicapped persons. 3,494
(K) If a removable windshield placard, temporary removable 3,496
83
windshield placard, or parking card is lost, destroyed, or 3,497
mutilated, the placardholder or cardholder may obtain a duplicate 3,499
by doing both of the following:
(1) Furnishing suitable proof of the loss, destruction, or 3,501
mutilation to the registrar; 3,502
(2) Paying a service fee equal to the amount specified in 3,506
division (D) or (G) of section 4503.10 of the Revised Code. 3,507
Any placardholder or cardholder who loses a placard or card 3,510
and, after obtaining a duplicate, finds the original, immediately 3,511
shall surrender the original placard or card to the registrar. 3,513
(L) The registrar shall pay all fees received under this 3,515
section for the issuance of removable windshield placards or 3,516
temporary removable windshield placards or duplicate removable 3,517
windshield placards or cards into the state treasury to the 3,518
credit of the state bureau of motor vehicles fund created in 3,519
section 4501.25 of the Revised Code.
(M) For purposes of enforcing this section, every peace 3,521
officer is deemed to be an agent of the registrar. Any peace 3,522
officer or any authorized employee of the bureau of motor 3,523
vehicles who, in the performance of duties authorized by law, 3,524
becomes aware of a person whose placard or parking card has been 3,525
revoked pursuant to this section, may confiscate that placard or
parking card and return it to the registrar. The registrar shall 3,526
prescribe any forms used by law enforcement agencies in 3,527
administering this section.
No peace officer, law enforcement agency employing a peace 3,529
officer, or political subdivision or governmental agency 3,530
employing a peace officer, and no employee of the bureau is 3,531
liable in a civil action for damages or loss to persons arising 3,533
out of the performance of any duty required or authorized by this 3,534
section. As used in this division, "peace officer" has the same
meaning as in division (B) of section 2935.01 of the Revised 3,535
Code.
(N) All applications for registration of motor vehicles, 3,538
84
removable windshield placards, and temporary removable windshield 3,539
placards issued under this section, all renewal notices for such 3,540
items, and all other publications issued by the bureau that 3,542
relate to this section shall set forth the criminal penalties 3,543
that may be imposed upon a person who violates any provision 3,544
relating to special license plates issued under this section, the 3,545
parking of vehicles displaying such license plates, and the 3,546
issuance, procurement, use, and display of removable windshield 3,547
placards and temporary removable windshield placards issued under 3,548
this section.
Sec. 4507.164. (A) Except as provided in divisions (C) to 3,557
(E) of this section, when the license of any person is suspended 3,558
or revoked pursuant to any provision of the Revised Code other 3,559
than division (B) of section 4507.16 of the Revised Code, the 3,561
trial judge may impound the identification license plates of any
motor vehicle registered in the name of the person. 3,562
(B)(1) When the license of any person is suspended or 3,564
revoked pursuant to division (B)(1) of section 4507.16 of the 3,565
Revised Code, the trial judge of the court of record or the mayor 3,566
of the mayor's court that suspended or revoked the license may 3,567
impound the identification license plates of any motor vehicle 3,568
registered in the name of the person. 3,569
(2) When the license of any person is suspended or revoked 3,571
pursuant to division (B)(2) or (3) of section 4507.16 of the 3,573
Revised Code, the trial judge of the court of record that 3,574
suspended or revoked the license shall order the impoundment of 3,575
the identification license plates of the motor vehicle the 3,576
offender was operating at the time of the offense and the 3,577
immobilization of that vehicle in accordance with section 3,578
4503.233 and division (A)(2) or, (3), (6), OR (7) of section 3,581
4511.99 or division (B)(2)(a) or (b) of section 4511.193 of the 3,582
Revised Code and may impound the identification license plates of 3,583
any other motor vehicle registered in the name of the person 3,584
whose license is suspended or revoked. 3,585
85
(3) When the license of any person is suspended or revoked 3,587
pursuant to division (B)(4) of section 4507.16 of the Revised 3,589
Code, the trial judge of the court of record that suspended or 3,590
revoked the license shall order the criminal forfeiture to the 3,591
state of the motor vehicle the offender was operating at the time 3,592
of the offense in accordance with section 4503.234 and division 3,593
(A)(4) OR (8) of section 4511.99 or division (B)(2)(c) of section 3,595
4511.193 of the Revised Code and may impound the identification 3,596
license plates of any other motor vehicle registered in the name 3,597
of the person whose license is suspended or revoked. 3,598
(C)(1) When a person is convicted of or pleads guilty to a 3,600
violation of division (D)(2) of section 4507.02 of the Revised 3,601
Code or a substantially equivalent municipal ordinance and 3,602
division (B)(1) or (2) of section 4507.99 or division (C)(1) or 3,603
(2) of section 4507.36 of the Revised Code applies, the trial 3,604
judge of the court of record or the mayor of the mayor's court 3,605
that imposes sentence shall order the immobilization of the 3,606
vehicle the person was operating at the time of the offense and 3,607
the impoundment of its identification license plates in 3,608
accordance with section 4503.233 and division (B)(1) or (2) of 3,609
section 4507.99 or division (C)(1) or (2) of section 4507.361 of 3,610
the Revised Code and may impound the identification license 3,611
plates of any other vehicle registered in the name of that 3,612
person. 3,613
(2) When a person is convicted of or pleads guilty to a 3,615
violation of division (D)(2) of section 4507.02 of the Revised 3,616
Code or a substantially equivalent municipal ordinance and 3,617
division (B)(3) of section 4507.99 or division (C)(3) of section 3,618
4507.361 of the Revised Code applies, the trial judge of the 3,619
court of record that imposes sentence shall order the criminal 3,620
forfeiture to the state of the vehicle the person was operating 3,621
at the time of the offense in accordance with section 4503.234 3,622
and division (B)(3) of section 4507.99 or division (C)(3) of 3,623
section 4507.361 of the Revised Code and may impound the 3,624
86
identification license plates of any other vehicle registered in 3,625
the name of that person. 3,626
(D)(1) When a person is convicted of or pleads guilty to a 3,628
violation of division (B)(1) of section 4507.02 of the Revised 3,629
Code or a substantially equivalent municipal ordinance and 3,630
division (C)(1) or (2) of section 4507.99 or division (B)(1) or 3,631
(2) of section 4507.361 of the Revised Code applies, the trial 3,632
judge of the court of record or the mayor of the mayor's court 3,633
that imposes sentence shall order the immobilization of the 3,634
vehicle the person was operating at the time of the offense and 3,635
the impoundment of its identification license plates in 3,636
accordance with section 4503.233 and division (C)(1) or (2) of 3,637
section 4507.99 or division (B)(1) or (2) of section 4507.361 of 3,638
the Revised Code and may impound the identification license 3,639
plates of any other vehicle registered in the name of that 3,640
person. 3,641
(2) When a person is convicted of or pleads guilty to a 3,643
violation of division (B)(1) of section 4507.02 of the Revised 3,644
Code or a substantially equivalent municipal ordinance and 3,645
division (C)(3) of section 4507.99 or division (B)(3) of section 3,646
4507.361 of the Revised Code applies, the trial judge of the 3,647
court of RECORD that imposes sentence shall order the criminal 3,648
forfeiture to the state of the vehicle the person was operating 3,649
at the time of the offense in accordance with section 4503.234 3,650
and division (C)(3) of section 4507.99 or division (B)(3) of 3,651
section 4507.361 of the Revised Code and may impound the 3,652
identification license plates of any other vehicle registered in 3,653
the name of that person. 3,654
(E)(1) When a person is convicted of or pleads guilty to a 3,656
violation of section 4507.33 of the Revised Code and the person 3,657
is sentenced pursuant to division (E)(1) of section 4507.99 of 3,658
the Revised Code, the trial judge of the court of record or the 3,659
mayor of the mayor's court that imposes sentence shall order the 3,660
immobilization of the vehicle that was involved in the commission 3,661
87
of the offense and the impoundment of its identification license 3,662
plates in accordance with division (E)(1) of section 4507.99 and 3,663
section 4503.233 of the Revised Code and may impound the 3,664
identification license plates of any other vehicle registered in 3,665
the name of that person. 3,666
(2) When a person is convicted of or pleads guilty to a 3,668
violation of section 4507.33 of the Revised Code and the person 3,669
is sentenced pursuant to division (E)(2) of section 4507.99 of 3,670
the Revised Code, the trial judge of the court of record or the 3,671
mayor of the mayor's court that imposes sentence shall order the 3,672
criminal forfeiture to the state of the vehicle that was involved 3,673
in the commission of the offense in accordance with division 3,674
(E)(2) of section 4507.99 and section 4503.234 of the Revised 3,675
Code and may impound the identification license plates of any 3,676
other vehicle registered in the name of that person. 3,677
(F) Except as provided in section 4503.233 or 4503.234 of 3,679
the Revised Code, when the certificate of registration, the 3,680
identification license plates, or both have been impounded, 3,681
division (F) of section 4507.02 of the Revised Code is 3,682
applicable. 3,683
Sec. 4511.19. (A) No person shall operate any vehicle, 3,692
streetcar, or trackless trolley within this state, if any of the 3,693
following apply: 3,694
(1) The person is under the influence of alcohol, a drug 3,696
of abuse, or alcohol and a drug of abuse; 3,697
(2) The person has a concentration of ten-hundredths of 3,699
one per cent or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE 3,701
PER CENT by weight of alcohol in his THE PERSON'S blood; 3,703
(3) The person has a concentration of ten-hundredths of 3,705
one gram or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE GRAM 3,706
by weight of alcohol per two hundred ten liters of his THE 3,708
PERSON'S breath;
(4) The person has a concentration of fourteen-hundredths 3,710
of one gram or more BUT LESS THAN TWO HUNDRED 3,712
88
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM by weight of alcohol per one 3,713
hundred milliliters of his THE PERSON'S urine; 3,714
(5) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 3,717
OF ONE PER CENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S 3,718
BLOOD;
(6) THE PERSON HAS A CONCENTRATION OF SEVENTEEN-HUNDREDTHS 3,721
OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL PER TWO HUNDRED TEN 3,722
LITERS OF THE PERSON'S BREATH;
(7) THE PERSON HAS A CONCENTRATION OF TWO HUNDRED 3,724
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL 3,725
PER ONE HUNDRED MILLILITERS OF THE PERSON'S URINE. 3,726
(B) No person under twenty-one years of age shall operate 3,728
any vehicle, streetcar, or trackless trolley within this state, 3,729
if any of the following apply: 3,730
(1) The person has a concentration of at least 3,732
two-hundredths of one per cent but less than ten-hundredths of 3,733
one per cent by weight of alcohol in his THE PERSON'S blood; 3,734
(2) The person has a concentration of at least 3,736
two-hundredths of one gram but less than ten-hundredths of one 3,737
gram by weight of alcohol per two hundred ten liters of his THE 3,738
PERSON'S breath; 3,739
(3) The person has a concentration of at least 3,741
twenty-eight one-thousandths of one gram but less than 3,742
fourteen-hundredths of one gram by weight of alcohol per one 3,743
hundred milliliters of his THE PERSON'S urine. 3,744
(C) In any proceeding arising out of one incident, a 3,746
person may be charged with a violation of division (A)(1) and a 3,747
violation of division (B)(1), (2), or (3) of this section, but he 3,748
THE PERSON may not be convicted of more than one violation of 3,750
these divisions. 3,751
(D)(1) In any criminal prosecution or juvenile court 3,753
proceeding for a violation of this section, of a municipal 3,754
ordinance relating to operating a vehicle while under the 3,755
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,756
89
abuse, or of a municipal ordinance relating to operating a 3,757
vehicle with a prohibited concentration of alcohol in the blood, 3,758
breath, or urine, the court may admit evidence on the 3,759
concentration of alcohol, drugs of abuse, or alcohol and drugs of 3,760
abuse in the defendant's blood, breath, urine, or other bodily 3,761
substance at the time of the alleged violation as shown by 3,762
chemical analysis of the defendant's blood, urine, breath, or 3,763
other bodily substance withdrawn within two hours of the time of 3,764
the alleged violation. 3,765
When a person submits to a blood test at the request of a 3,767
police officer under section 4511.191 of the Revised Code, only a 3,768
physician, a registered nurse, or a qualified technician or 3,769
chemist shall withdraw blood for the purpose of determining its 3,770
alcohol, drug, or alcohol and drug content. This limitation does 3,771
not apply to the taking of breath or urine specimens. A 3,772
physician, a registered nurse, or a qualified technician or 3,773
chemist may refuse to withdraw blood for the purpose of 3,774
determining the alcohol, drug, or alcohol and drug content of the 3,775
blood, if in his THE opinion OF THE PHYSICIAN, NURSE, TECHNICIAN, 3,777
OR CHEMIST the physical welfare of the person would be endangered 3,778
by the withdrawing of blood.
Such bodily substance shall be analyzed in accordance with 3,780
methods approved by the director of health by an individual 3,781
possessing a valid permit issued by the director of health 3,782
pursuant to section 3701.143 of the Revised Code. 3,783
(2) In a criminal prosecution or juvenile court proceeding 3,785
for a violation of division (A) of this section, of a municipal 3,786
ordinance relating to operating a vehicle while under the 3,787
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,788
abuse, or of a municipal ordinance substantially equivalent to 3,789
division (A) of this section relating to operating a vehicle with 3,790
a prohibited concentration of alcohol in the blood, breath, or 3,791
urine, if there was at the time the bodily substance was 3,792
withdrawn a concentration of less than ten-hundredths of one per 3,793
90
cent by weight of alcohol in the defendant's blood, less than 3,794
ten-hundredths of one gram by weight of alcohol per two hundred 3,795
ten liters of his THE DEFENDANT'S breath, or less than 3,796
fourteen-hundredths of one gram by weight of alcohol per one 3,798
hundred milliliters of his THE DEFENDANT'S urine, such fact may 3,800
be considered with other competent evidence in determining the 3,801
guilt or innocence of the defendant. This division does not 3,802
limit or affect a criminal prosecution or juvenile court 3,803
proceeding for a violation of division (B) of this section or of 3,804
a municipal ordinance substantially equivalent to division (B) of 3,805
this section relating to operating a vehicle with a prohibited 3,806
concentration of alcohol in the blood, breath, or urine. 3,807
(3) Upon the request of the person who was tested, the 3,809
results of the chemical test shall be made available to him, his 3,810
THE PERSON OR THE PERSON'S attorney, or his agent, immediately 3,812
upon the completion of the chemical test analysis. 3,813
The person tested may have a physician, a registered nurse, 3,815
or a qualified technician or chemist of his THE PERSON'S own 3,816
choosing administer a chemical test or tests in addition to any 3,818
administered at the request of a police officer, and shall be so 3,819
advised. The failure or inability to obtain an additional 3,820
chemical test by a person shall not preclude the admission of 3,821
evidence relating to the chemical test or tests taken at the 3,822
request of a police officer. 3,823
(4) Any physician, registered nurse, or qualified 3,825
technician or chemist who withdraws blood from a person pursuant 3,826
to this section, and any hospital, first-aid station, or clinic 3,827
at which blood is withdrawn from a person pursuant to this 3,828
section, is immune from criminal liability, and from civil 3,829
liability that is based upon a claim of assault and battery or 3,830
based upon any other claim that is not in the nature of a claim 3,831
of malpractice, for any act performed in withdrawing blood from 3,832
the person. 3,833
Sec. 4511.191. (A) Any person who operates a vehicle upon 3,842
91
a highway or any public or private property used by the public 3,843
for vehicular travel or parking within this state shall be deemed 3,844
to have given consent to a chemical test or tests of the person's 3,846
blood, breath, or urine for the purpose of determining the 3,847
alcohol, drug, or alcohol and drug content of the person's blood, 3,848
breath, or urine if arrested for operating a vehicle while under 3,850
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,851
of abuse or for operating a vehicle with a prohibited 3,852
concentration of alcohol in the blood, breath, or urine. The 3,853
chemical test or tests shall be administered at the request of a 3,854
police officer having reasonable grounds to believe the person to 3,855
have been operating a vehicle upon a highway or any public or 3,856
private property used by the public for vehicular travel or 3,857
parking in this state while under the influence of alcohol, a 3,858
drug of abuse, or alcohol and a drug of abuse or with a 3,859
prohibited concentration of alcohol in the blood, breath, or 3,860
urine. The law enforcement agency by which the officer is 3,861
employed shall designate which of the tests shall be
administered. 3,862
(B) Any person who is dead or unconscious, or who is 3,864
otherwise in a condition rendering the person incapable of 3,865
refusal, shall be deemed not to have withdrawn consent as 3,867
provided by division (A) of this section and the test or tests 3,868
may be administered, subject to sections 313.12 to 313.16 of the 3,869
Revised Code. 3,870
(C)(1) Any person under arrest for operating a vehicle 3,872
while under the influence of alcohol, a drug of abuse, or alcohol 3,873
and a drug of abuse or for operating a vehicle with a prohibited 3,874
concentration of alcohol in the blood, breath, or urine shall be 3,875
advised at a police station, or at a hospital, first-aid station, 3,876
or clinic to which the person has been taken for first-aid or 3,877
medical treatment, of both of the following: 3,878
(a) The consequences, as specified in division (E) of this 3,880
section, of the person's refusal to submit upon request to a 3,881
92
chemical test designated by the law enforcement agency as 3,883
provided in division (A) of this section; 3,884
(b) The consequences, as specified in division (F) of this 3,886
section, of the person's submission to the designated chemical 3,888
test if the person is found to have a prohibited concentration of 3,889
alcohol in the blood, breath, or urine. 3,890
(2)(a) The advice given pursuant to division (C)(1) of 3,892
this section shall be in a written form containing the 3,893
information described in division (C)(2)(b) of this section and 3,894
shall be read to the person. The form shall contain a statement 3,895
that the form was shown to the person under arrest and read to 3,896
the person in the presence of the arresting officer and either 3,898
another police officer, a civilian police employee, or an 3,899
employee of a hospital, first-aid station, or clinic, if any, to 3,900
which the person has been taken for first-aid or medical 3,901
treatment. The witnesses shall certify to this fact by signing 3,902
the form.
(b) The form required by division (C)(2)(a) of this 3,904
section shall read as follows: 3,905
"You now are under arrest for operating a vehicle while 3,907
under the influence of alcohol, a drug of abuse, or both alcohol 3,908
and a drug of abuse and will be requested by a police officer to 3,909
submit to a chemical test to determine the concentration of 3,910
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 3,911
blood, breath, or urine. 3,912
If you refuse to submit to the requested test or if you 3,914
submit to the requested test and are found to have a prohibited 3,915
concentration of alcohol in your blood, breath, or urine, your 3,916
driver's or commercial driver's license or permit or nonresident 3,917
operating privilege immediately will be suspended for the period 3,918
of time specified by law by the officer, on behalf of the 3,919
registrar of motor vehicles. You may appeal this suspension at 3,920
your initial appearance before the court that hears the charges 3,921
against you resulting from the arrest, and your initial 3,922
93
appearance will be conducted no later than five days after the 3,923
arrest. This suspension is independent of the penalties for the 3,924
offense, and you may be subject to other penalties upon 3,925
conviction." 3,926
(D)(1) If a person under arrest as described in division 3,928
(C)(1) of this section is not asked by a police officer to submit 3,929
to a chemical test designated as provided in division (A) of this 3,930
section, the arresting officer shall seize the Ohio or 3,931
out-of-state driver's or commercial driver's license or permit of 3,932
the person and immediately forward the seized license or permit 3,933
to the court in which the arrested person is to appear on the 3,934
charge for which the person was arrested. If the arrested person 3,935
does not have the person's driver's or commercial driver's 3,936
license or permit on the person's self or in the person's 3,937
vehicle, the arresting officer shall order the arrested person to 3,939
surrender it to the law enforcement agency that employs the 3,941
officer within twenty-four hours after the arrest, and, upon the 3,942
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 3,944
person is to appear on the charge for which the person was 3,945
arrested. Upon receipt of the license or permit, the court shall 3,947
retain it pending the initial appearance of the arrested person 3,948
and any action taken under section 4511.196 of the Revised Code. 3,949
If a person under arrest as described in division (C)(1) of 3,951
this section is asked by a police officer to submit to a chemical 3,952
test designated as provided in division (A) of this section and 3,953
is advised of the consequences of the person's refusal or 3,954
submission as provided in division (C) of this section and if the 3,955
person either refuses to submit to the designated chemical test 3,956
or the person submits to the designated chemical test and the 3,957
test results indicate that the person's blood contained a 3,958
concentration of ten-hundredths of one per cent or more by weight 3,959
of alcohol, the person's breath contained a concentration of 3,960
ten-hundredths of one gram or more by weight of alcohol per two 3,961
94
hundred ten liters of the person's breath, or the person's urine 3,962
contained a concentration of fourteen-hundredths of one gram or 3,964
more by weight of alcohol per one hundred milliliters of the 3,965
person's urine at the time of the alleged offense, the arresting 3,967
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 3,969
suspension upon the person that advises the person that, 3,970
independent of any penalties or sanctions imposed upon the person 3,972
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 3,974
license or permit or nonresident operating privilege is 3,975
suspended, that the suspension takes effect immediately, that the 3,976
suspension will last at least until the person's initial 3,977
appearance on the charge that will be held within five days after 3,979
the date of the person's arrest or the issuance of a citation to 3,981
the person, and that the person may appeal the suspension at the 3,983
initial appearance; seize the Ohio or out-of-state driver's or 3,984
commercial driver's license or permit of the person; and 3,985
immediately forward the seized license or permit to the 3,986
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 3,987
self or in the person's vehicle, the arresting officer shall 3,989
order the person to surrender it to the law enforcement agency 3,990
that employs the officer within twenty-four hours after the 3,991
service of the notice of suspension, and, upon the surrender, the 3,992
officer's employing agency immediately shall forward the license 3,993
or permit to the registrar. 3,994
(b) Verify the current residence of the person and, if it 3,996
differs from that on the person's driver's or commercial driver's 3,997
license or permit, notify the registrar of the change; 3,998
(c) In addition to forwarding the arrested person's 4,000
driver's or commercial driver's license or permit to the 4,001
registrar, send to the registrar, within forty-eight hours after 4,002
the arrest of the person, a sworn report that includes all of the 4,003
95
following statements: 4,004
(i) That the officer had reasonable grounds to believe 4,006
that, at the time of the arrest, the arrested person was 4,007
operating a vehicle upon a highway or public or private property 4,008
used by the public for vehicular travel or parking within this 4,009
state while under the influence of alcohol, a drug of abuse, or 4,010
alcohol and a drug of abuse or with a prohibited concentration of 4,011
alcohol in the blood, breath, or urine; 4,012
(ii) That the person was arrested and charged with 4,014
operating a vehicle while under the influence of alcohol, a drug 4,015
of abuse, or alcohol and a drug of abuse or with operating a 4,016
vehicle with a prohibited concentration of alcohol in the blood, 4,017
breath, or urine; 4,018
(iii) That the officer asked the person to take the 4,020
designated chemical test, advised the person of the consequences 4,021
of submitting to the chemical test or refusing to take the 4,022
chemical test, and gave the person the form described in division 4,023
(C)(2) of this section; 4,024
(iv) That the person refused to submit to the chemical 4,026
test or that the person submitted to the chemical test and the 4,027
test results indicate that the person's blood contained a 4,028
concentration of ten-hundredths of one per cent or more by weight 4,030
of alcohol, the person's breath contained a concentration of 4,031
ten-hundredths of one gram or more by weight of alcohol per two 4,032
hundred ten liters of the person's breath, or the person's urine 4,033
contained a concentration of fourteen-hundredths of one gram or 4,035
more by weight of alcohol per one hundred milliliters of the 4,036
person's urine at the time of the alleged offense; 4,038
(v) That the officer served a notice of suspension upon 4,040
the person as described in division (D)(1)(a) of this section. 4,041
(2) The sworn report of an arresting officer completed 4,043
under division (D)(1)(c) of this section shall be given by the 4,044
officer to the arrested person at the time of the arrest or sent 4,045
to the person by regular first class mail by the registrar as 4,046
96
soon thereafter as possible, but no later than fourteen days 4,047
after receipt of the report. An arresting officer may give an 4,048
unsworn report to the arrested person at the time of the arrest 4,049
provided the report is complete when given to the arrested person 4,050
and subsequently is sworn to by the arresting officer. As soon 4,051
as possible, but no later than forty-eight hours after the arrest 4,052
of the person, the arresting officer shall send a copy of the 4,053
sworn report to the court in which the arrested person is to 4,054
appear on the charge for which the person was arrested. 4,055
(3) The sworn report of an arresting officer completed and 4,057
sent to the registrar and the court under divisions (D)(1)(c) and 4,058
(D)(2) of this section is prima-facie proof of the information 4,059
and statements that it contains and shall be admitted and 4,060
considered as prima-facie proof of the information and statements 4,061
that it contains in any appeal under division (H) of this section 4,062
relative to any suspension of a person's driver's or commercial 4,063
driver's license or permit or nonresident operating privilege 4,064
that results from the arrest covered by the report. 4,065
(E)(1) Upon receipt of the sworn report of an arresting 4,067
officer completed and sent to the registrar and a court pursuant 4,068
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 4,069
person who refused to take the designated chemical test, the 4,070
registrar shall enter into the registrar's records the fact that 4,072
the person's driver's or commercial driver's license or permit or 4,073
nonresident operating privilege was suspended by the arresting 4,074
officer under division (D)(1)(a) of this section and the period 4,075
of the suspension, as determined under divisions (E)(1)(a) to (d) 4,076
of this section. The suspension shall be subject to appeal as 4,077
provided in this section and shall be for whichever of the 4,078
following periods applies: 4,079
(a) If the arrested person, within five years of the date 4,081
on which the person refused the request to consent to the 4,082
chemical test, had not refused a previous request to consent to a 4,084
chemical test of the person's blood, breath, or urine to 4,085
97
determine its alcohol content, the period of suspension shall be 4,087
one year. If the person is a resident without a license or 4,088
permit to operate a vehicle within this state, the registrar 4,089
shall deny to the person the issuance of a driver's or commercial 4,090
driver's license or permit for a period of one year after the 4,091
date of the alleged violation.
(b) If the arrested person, within five years of the date 4,093
on which the person refused the request to consent to the 4,094
chemical test, had refused one previous request to consent to a 4,096
chemical test of the person's blood, breath, or urine to 4,097
determine its alcohol content, the period of suspension or denial 4,099
shall be two years.
(c) If the arrested person, within five years of the date 4,101
on which the person refused the request to consent to the 4,102
chemical test, had refused two previous requests to consent to a 4,104
chemical test of the person's blood, breath, or urine to 4,105
determine its alcohol content, the period of suspension or denial 4,107
shall be three years.
(d) If the arrested person, within five years of the date 4,109
on which the person refused the request to consent to the 4,110
chemical test, had refused three or more previous requests to 4,112
consent to a chemical test of the person's blood, breath, or 4,113
urine to determine its alcohol content, the period of suspension 4,115
or denial shall be five years. 4,116
(2) The suspension or denial imposed under division (E)(1) 4,118
of this section shall continue for the entire one-year, two-year, 4,119
three-year, or five-year period, subject to appeal as provided in 4,120
this section and subject to termination as provided in division 4,121
(K) of this section. 4,122
(F) Upon receipt of the sworn report of an arresting 4,124
officer completed and sent to the registrar and a court pursuant 4,125
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 4,126
person whose test results indicate that the person's blood 4,127
contained a concentration of ten-hundredths of one per cent or 4,129
98
more by weight of alcohol, the person's breath contained a 4,130
concentration of ten-hundredths of one gram or more by weight of 4,131
alcohol per two hundred ten liters of the person's breath, or the 4,133
person's urine contained a concentration of fourteen-hundredths 4,134
of one gram or more by weight of alcohol per one hundred 4,135
milliliters of the person's urine at the time of the alleged 4,136
offense, the registrar shall enter into the registrar's records 4,137
the fact that the person's driver's or commercial driver's 4,139
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 4,140
this section and the period of the suspension, as determined 4,141
under divisions (F)(1) to (4) of this section. The suspension 4,142
shall be subject to appeal as provided in this section and shall 4,143
be for whichever of the following periods that applies: 4,144
(1) Except when division (F)(2), (3), or (4) of this 4,146
section applies and specifies a different period of suspension or 4,147
denial, the period of the suspension or denial shall be ninety 4,148
days.
(2) If the person has been convicted, within six years of 4,150
the date the test was conducted, of one violation of division (A) 4,153
or (B) of section 4511.19 of the Revised Code, a municipal 4,154
ordinance relating to operating a vehicle while under the 4,155
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,156
abuse, a municipal ordinance relating to operating a vehicle with 4,157
a prohibited concentration of alcohol in the blood, breath, or 4,158
urine, section 2903.04 of the Revised Code in a case in which the 4,159
offender was subject to the sanctions described in division (D) 4,160
of that section, or section 2903.06, 2903.07, or 2903.08 of the 4,161
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 4,162
the jury or judge found that at the time of the commission of the 4,163
offense the offender was under the influence of alcohol, a drug 4,164
of abuse, or alcohol and a drug of abuse, or a statute of the 4,165
United States or of any other state or a municipal ordinance of a 4,166
99
municipal corporation located in any other state that is 4,167
substantially similar to division (A) or (B) of section 4511.19 4,168
of the Revised Code, the period of the suspension or denial shall 4,169
be one year.
(3) If the person has been convicted, within six years of 4,171
the date the test was conducted, of two violations of a statute 4,172
or ordinance described in division (F)(2) of this section, the 4,174
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 4,176
the date the test was conducted, of more than two violations of a 4,177
statute or ordinance described in division (F)(2) of this 4,178
section, the period of the suspension or denial shall be three 4,179
years. 4,180
(G)(1) A suspension of a person's driver's or commercial 4,182
driver's license or permit or nonresident operating privilege 4,183
under division (D)(1)(a) of this section for the period of time 4,184
described in division (E) or (F) of this section is effective 4,185
immediately from the time at which the arresting officer serves 4,186
the notice of suspension upon the arrested person. Any 4,187
subsequent finding that the person is not guilty of the charge 4,188
that resulted in the person being requested to take, or in the 4,190
person taking, the chemical test or tests under division (A) of 4,191
this section affects the suspension only as described in division 4,192
(H)(2) of this section. 4,193
(2) If a person is arrested for operating a vehicle while 4,195
under the influence of alcohol, a drug of abuse, or alcohol and a 4,196
drug of abuse or for operating a vehicle with a prohibited 4,197
concentration of alcohol in the blood, breath, or urine and 4,198
regardless of whether the person's driver's or commercial 4,199
driver's license or permit or nonresident operating privilege is 4,200
or is not suspended under division (E) or (F) of this section, 4,201
the person's initial appearance on the charge resulting from the 4,202
arrest shall be held within five days of the person's arrest or 4,203
the issuance of the citation to the person, subject to any 4,204
100
continuance granted by the court pursuant to division (H)(1) of 4,206
this section regarding the issues specified in that division. 4,207
(H)(1) If a person is arrested for operating a vehicle 4,209
while under the influence of alcohol, a drug of abuse, or alcohol 4,210
and a drug of abuse or for operating a vehicle with a prohibited 4,211
concentration of alcohol in the blood, breath, or urine and if 4,212
the person's driver's or commercial driver's license or permit or 4,213
nonresident operating privilege is suspended under division (E) 4,214
or (F) of this section, the person may appeal the suspension at 4,215
the person's initial appearance on the charge resulting from the 4,218
arrest in the court in which the person will appear on that 4,219
charge. If the person appeals the suspension at the person's 4,220
initial appearance, the appeal does not stay the operation of the 4,221
suspension. Subject to division (H)(2) of this section, no court 4,222
has jurisdiction to grant a stay of a suspension imposed under 4,223
division (E) or (F) of this section, and any order issued by any 4,224
court that purports to grant a stay of any suspension imposed 4,225
under either of those divisions shall not be given administrative 4,226
effect.
If the person appeals the suspension at the person's 4,228
initial appearance, either the person or the registrar may 4,229
request a continuance of the appeal. Either the person or the 4,231
registrar shall make the request for a continuance of the appeal 4,232
at the same time as the making of the appeal. If either the 4,233
person or the registrar requests a continuance of the appeal, the 4,234
court may grant the continuance. The court also may continue the 4,235
appeal on its own motion. The granting of a continuance applies 4,236
only to the conduct of the appeal of the suspension and does not 4,237
extend the time within which the initial appearance must be 4,238
conducted, and the court shall proceed with all other aspects of 4,239
the initial appearance in accordance with its normal procedures. 4,240
Neither the request for nor the granting of a continuance stays 4,241
the operation of the suspension that is the subject of the 4,242
appeal.
101
If the person appeals the suspension at the person's 4,244
initial appearance, the scope of the appeal is limited to 4,245
determining whether one or more of the following conditions have 4,246
not been met: 4,247
(a) Whether the law enforcement officer had reasonable 4,249
ground to believe the arrested person was operating a vehicle 4,250
upon a highway or public or private property used by the public 4,251
for vehicular travel or parking within this state while under the 4,252
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,253
abuse or with a prohibited concentration of alcohol in the blood, 4,254
breath, or urine and whether the arrested person was in fact 4,255
placed under arrest; 4,256
(b) Whether the law enforcement officer requested the 4,258
arrested person to submit to the chemical test designated 4,259
pursuant to division (A) of this section; 4,260
(c) Whether the arresting officer informed the arrested 4,262
person of the consequences of refusing to be tested or of 4,263
submitting to the test; 4,264
(d) Whichever of the following is applicable: 4,266
(i) Whether the arrested person refused to submit to the 4,268
chemical test requested by the officer; 4,269
(ii) Whether the chemical test results indicate that the 4,271
arrested person's blood contained a concentration of 4,272
ten-hundredths of one per cent or more by weight of alcohol, the 4,274
person's breath contained a concentration of ten-hundredths of 4,276
one gram or more by weight of alcohol per two hundred ten liters 4,277
of the person's breath, or the person's urine contained a 4,278
concentration of fourteen-hundredths of one gram or more by 4,280
weight of alcohol per one hundred milliliters of the person's 4,281
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 4,283
appearance, the judge or referee of the court or the mayor of the 4,284
mayor's court shall determine whether one or more of the 4,285
conditions specified in divisions (H)(1)(a) to (d) of this 4,286
102
section have not been met. The person who appeals the suspension 4,287
has the burden of proving, by a preponderance of the evidence, 4,288
that one or more of the specified conditions has not been met. 4,289
If during the appeal at the initial appearance the judge or 4,290
referee of the court or the mayor of the mayor's court determines 4,291
that all of those conditions have been met, the judge, referee, 4,292
or mayor shall uphold the suspension, shall continue the 4,293
suspension, and shall notify the registrar of the decision on a 4,294
form approved by the registrar. Except as otherwise provided in 4,295
division (H)(2) of this section, if the suspension is upheld or 4,296
if the person does not appeal the suspension at the person's 4,297
initial appearance under division (H)(1) of this section, the 4,298
suspension shall continue until the complaint alleging the 4,299
violation for which the person was arrested and in relation to 4,300
which the suspension was imposed is adjudicated on the merits by 4,301
the judge or referee of the trial court or by the mayor of the 4,302
mayor's court. If the suspension was imposed under division (E) 4,303
of this section and it is continued under this division, any 4,304
subsequent finding that the person is not guilty of the charge 4,305
that resulted in the person being requested to take the chemical 4,306
test or tests under division (A) of this section does not 4,307
terminate or otherwise affect the suspension. If the suspension 4,308
was imposed under division (F) of this section and it is 4,309
continued under this division, the suspension shall terminate if, 4,310
for any reason, the person subsequently is found not guilty of 4,311
the charge that resulted in the person taking the chemical test 4,312
or tests under division (A) of this section. 4,313
If, during the appeal at the initial appearance, the judge 4,315
or referee of the trial court or the mayor of the mayor's court 4,316
determines that one or more of the conditions specified in 4,317
divisions (H)(1)(a) to (d) of this section have not been met, the 4,318
judge, referee, or mayor shall terminate the suspension, subject 4,319
to the imposition of a new suspension under division (B) of 4,320
section 4511.196 of the Revised Code; shall notify the registrar 4,321
103
of the decision on a form approved by the registrar; and, except 4,322
as provided in division (B) of section 4511.196 of the Revised 4,324
Code, shall order the registrar to return the driver's or 4,325
commercial driver's license or permit to the person or to take 4,326
such measures as may be necessary, if the license or permit was 4,327
destroyed under section 4507.55 of the Revised Code, to permit 4,328
the person to obtain a replacement driver's or commercial 4,329
driver's license or permit from the registrar or a deputy 4,330
registrar in accordance with that section. The court also shall 4,331
issue to the person a court order, valid for not more than ten 4,332
days from the date of issuance, granting the person operating 4,333
privileges for that period of time.
If the person appeals the suspension at the initial 4,335
appearance, the registrar shall be represented by the prosecuting 4,336
attorney of the county in which the arrest occurred if the 4,337
initial appearance is conducted in a juvenile court or county 4,338
court, except that if the arrest occurred within a city or 4,339
village within the jurisdiction of the county court in which the 4,340
appeal is conducted, the city director of law or village 4,341
solicitor of that city or village shall represent the registrar. 4,342
If the appeal is conducted in a municipal court, the registrar 4,343
shall be represented as provided in section 1901.34 of the 4,344
Revised Code. If the appeal is conducted in a mayor's court, the 4,345
registrar shall be represented by the city director of law, 4,346
village solicitor, or other chief legal officer of the municipal 4,347
corporation that operates that mayor's court. 4,348
(I)(1) If a person's driver's or commercial driver's 4,350
license or permit or nonresident operating privilege has been 4,351
suspended pursuant to division (E) of this section, and the 4,352
person, within the preceding seven years, has refused three 4,353
previous requests to consent to a chemical test of the person's 4,355
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 4,356
of division (A) or (B) of section 4511.19 of the Revised Code, a 4,357
104
municipal ordinance relating to operating a vehicle while under 4,358
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,359
of abuse, a municipal ordinance relating to operating a vehicle 4,360
with a prohibited concentration of alcohol in the blood, breath, 4,361
or urine, section 2903.04 of the Revised Code in a case in which 4,362
the person was subject to the sanctions described in division (D) 4,363
of that section, or section 2903.06, 2903.07, or 2903.08 of the 4,364
Revised Code or a municipal ordinance that is substantially 4,365
similar to section 2903.07 of the Revised Code in a case in which 4,366
the jury or judge found that the person was under the influence 4,367
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,368
statute of the United States or of any other state or a municipal 4,369
ordinance of a municipal corporation located in any other state 4,370
that is substantially similar to division (A) or (B) of section 4,371
4511.19 of the Revised Code, the person is not entitled to 4,372
request, and the court shall not grant to the person, 4,373
occupational driving privileges under this division. Any other 4,374
person whose driver's or commercial driver's license or 4,375
nonresident operating privilege has been suspended pursuant to 4,376
division (E) of this section may file a petition requesting 4,377
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 4,378
is a minor, juvenile court with jurisdiction over the related 4,380
criminal or delinquency case. The petition may be filed at any 4,381
time subsequent to the date on which the notice of suspension is 4,382
served upon the arrested person. The person shall pay the costs 4,383
of the proceeding, notify the registrar of the filing of the 4,384
petition, and send the registrar a copy of the petition. 4,385
In the proceedings, the registrar shall be represented by 4,387
the prosecuting attorney of the county in which the arrest 4,388
occurred if the petition is filed in the juvenile court, county 4,389
court, or common pleas court, except that, if the arrest occurred 4,390
within a city or village within the jurisdiction of the county 4,392
court in which the petition is filed, the city director of law or 4,393
105
village solicitor of that city or village shall represent the 4,394
registrar. If the petition is filed in the municipal court, the 4,395
registrar shall be represented as provided in section 1901.34 of 4,396
the Revised Code. If the petition is filed in a mayor's court, 4,397
the registrar shall be represented by the city director of law, 4,398
village solicitor, or other chief legal officer of the municipal 4,399
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 4,401
suspension would seriously affect the person's ability to 4,402
continue in the person's employment, may grant the person 4,403
occupational driving privileges during the period of suspension 4,405
imposed pursuant to division (E) of this section, subject to the 4,406
limitations contained in this division and division (I)(2) of 4,407
this section. The court may grant the occupational driving 4,408
privileges, subject to the limitations contained in this division 4,409
and division (I)(2) of this section, regardless of whether the 4,410
person appeals the suspension at the person's initial appearance 4,412
under division (H)(1) of this section or appeals the decision of 4,413
the court made pursuant to the appeal conducted at the initial 4,414
appearance, and, if the person has appealed the suspension or 4,415
decision, regardless of whether the matter at issue has been 4,416
heard or decided by the court. The court shall not grant 4,417
occupational driving privileges to any person who, within seven 4,418
years of the filing of the petition, has refused three previous 4,419
requests to consent to a chemical test of the person's blood, 4,421
breath, or urine to determine its alcohol content or has been 4,422
convicted of or pleaded guilty to three or more violations of 4,423
division (A) or (B) of section 4511.19 of the Revised Code, a 4,424
municipal ordinance relating to operating a vehicle while under 4,425
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,426
of abuse, a municipal ordinance relating to operating a vehicle 4,427
with a prohibited concentration of alcohol in the blood, breath, 4,428
or urine, section 2903.04 of the Revised Code in a case in which 4,429
the person was subject to the sanctions described in division (D) 4,430
106
of that section, or section 2903.06, 2903.07, or 2903.08 of the 4,431
Revised Code or a municipal ordinance that is substantially 4,432
similar to section 2903.07 of the Revised Code in a case in which 4,433
the jury or judge found that the person was under the influence 4,434
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,435
statute of the United States or of any other state or a municipal 4,436
ordinance of a municipal corporation located in any other state 4,437
that is substantially similar to division (A) or (B) of section 4,438
4511.19 of the Revised Code, and shall not grant occupational 4,439
driving privileges for employment as a driver of commercial motor 4,440
vehicles to any person who is disqualified from operating a 4,441
commercial motor vehicle under section 2301.374 or 4506.16 of the 4,442
Revised Code.
(2)(a) In granting occupational driving privileges under 4,444
division (I)(1) of this section, the court may impose any 4,445
condition it considers reasonable and necessary to limit the use 4,446
of a vehicle by the person. The court shall deliver to the 4,447
person a permit card, in a form to be prescribed by the court, 4,448
setting forth the time, place, and other conditions limiting the 4,449
defendant's use of a vehicle. The grant of occupational driving 4,450
privileges shall be conditioned upon the person's having the 4,451
permit in the person's possession at all times during which the 4,453
person is operating a vehicle. 4,454
A person granted occupational driving privileges who 4,456
operates a vehicle for other than occupational purposes, in 4,457
violation of any condition imposed by the court, or without 4,458
having the permit in the person's possession, is guilty of a 4,459
violation of section 4507.02 of the Revised Code. 4,461
(b) The court may not grant a person occupational driving 4,463
privileges under division (I)(1) of this section when prohibited 4,464
by a limitation contained in that division or during any of the 4,465
following periods of time: 4,466
(i) The first thirty days of suspension imposed upon a 4,468
person who, within five years of the date on which the person 4,469
107
refused the request to consent to a chemical test of the person's 4,471
blood, breath, or urine to determine its alcohol content and for 4,473
which refusal the suspension was imposed, had not refused a 4,474
previous request to consent to a chemical test of the person's 4,475
blood, breath, or urine to determine its alcohol content; 4,477
(ii) The first ninety days of suspension imposed upon a 4,479
person who, within five years of the date on which the person 4,480
refused the request to consent to a chemical test of the person's 4,482
blood, breath, or urine to determine its alcohol content and for 4,484
which refusal the suspension was imposed, had refused one 4,485
previous request to consent to a chemical test of the person's 4,486
blood, breath, or urine to determine its alcohol content; 4,488
(iii) The first year of suspension imposed upon a person 4,490
who, within five years of the date on which the person refused 4,492
the request to consent to a chemical test of the person's blood, 4,494
breath, or urine to determine its alcohol content and for which 4,495
refusal the suspension was imposed, had refused two previous 4,496
requests to consent to a chemical test of the person's blood, 4,497
breath, or urine to determine its alcohol content; 4,499
(iv) The first three years of suspension imposed upon a 4,501
person who, within five years of the date on which the person 4,502
refused the request to consent to a chemical test of the person's 4,504
blood, breath, or urine to determine its alcohol content and for 4,506
which refusal the suspension was imposed, had refused three or 4,507
more previous requests to consent to a chemical test of the 4,508
person's blood, breath, or urine to determine its alcohol 4,510
content.
(3) The court shall give information in writing of any 4,512
action taken under this section to the registrar. 4,513
(4) If a person's driver's or commercial driver's license 4,515
or permit or nonresident operating privilege has been suspended 4,516
pursuant to division (F) of this section, and the person, within 4,517
the preceding seven years, has been convicted of or pleaded 4,518
guilty to three or more violations of division (A) or (B) of 4,519
108
section 4511.19 of the Revised Code, a municipal ordinance 4,520
relating to operating a vehicle while under the influence of 4,521
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 4,522
municipal ordinance relating to operating a vehicle with a 4,523
prohibited concentration of alcohol in the blood, breath, or 4,524
urine, section 2903.04 of the Revised Code in a case in which the 4,525
person was subject to the sanctions described in division (D) of 4,526
that section, or section 2903.06, 2903.07, or 2903.08 of the 4,527
Revised Code or a municipal ordinance that is substantially 4,528
similar to section 2903.07 of the Revised Code in a case in which 4,529
the jury or judge found that the person was under the influence 4,530
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,531
statute of the United States or of any other state or a municipal 4,532
ordinance of a municipal corporation located in any other state 4,534
that is substantially similar to division (A) or (B) of section 4,535
4511.19 of the Revised Code, the person is not entitled to 4,536
request, and the court shall not grant to the person, 4,537
occupational driving privileges under this division. Any other 4,538
person whose driver's or commercial driver's license or 4,539
nonresident operating privilege has been suspended pursuant to 4,540
division (F) of this section may file in the court specified in 4,541
division (I)(1) of this section a petition requesting 4,542
occupational driving privileges in accordance with section 4,543
4507.16 of the Revised Code. The petition may be filed at any 4,544
time subsequent to the date on which the arresting officer serves 4,545
the notice of suspension upon the arrested person. Upon the 4,546
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 4,547
The court may grant the occupational driving privileges, subject 4,548
to the limitations contained in section 4507.16 of the Revised 4,549
Code, regardless of whether the person appeals the suspension at 4,550
the person's initial appearance under division (H)(1) of this 4,552
section or appeals the decision of the court made pursuant to the 4,553
appeal conducted at the initial appearance, and, if the person 4,554
109
has appealed the suspension or decision, regardless of whether 4,555
the matter at issue has been heard or decided by the court. 4,556
(J) When it finally has been determined under the 4,558
procedures of this section that a nonresident's privilege to 4,559
operate a vehicle within this state has been suspended, the 4,560
registrar shall give information in writing of the action taken 4,561
to the motor vehicle administrator of the state of the person's 4,562
residence and of any state in which the person has a license. 4,563
(K) A suspension of the driver's or commercial driver's 4,565
license or permit of a resident, a suspension of the operating 4,566
privilege of a nonresident, or a denial of a driver's or 4,567
commercial driver's license or permit pursuant to division (E) or 4,569
(F) of this section shall be terminated by the registrar upon 4,571
receipt of notice of the person's entering a plea of guilty to, 4,572
or of the person's conviction of, operating a vehicle while under 4,574
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,575
of abuse or with a prohibited concentration of alcohol in the 4,576
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 4,577
incident that led to the suspension or denial. 4,578
The registrar shall credit against any judicial suspension 4,580
of a person's driver's or commercial driver's license or permit 4,581
or nonresident operating privilege imposed pursuant to division 4,582
(B) or (E) of section 4507.16 of the Revised Code any time during 4,583
which the person serves a related suspension imposed pursuant to 4,584
division (E) or (F) of this section. 4,585
(L) At the end of a suspension period under this section, 4,587
section 4511.196, or division (B) of section 4507.16 of the 4,588
Revised Code and upon the request of the person whose driver's or 4,589
commercial driver's license or permit was suspended and who is 4,590
not otherwise subject to suspension, revocation, or 4,591
disqualification, the registrar shall return the driver's or 4,592
commercial driver's license or permit to the person upon the 4,593
person's compliance with all of the conditions specified in 4,595
110
divisions (L)(1) and (2) of this section: 4,596
(1) A showing by the person that the person has proof of 4,598
financial responsibility, a policy of liability insurance in 4,600
effect that meets the minimum standards set forth in section 4,601
4509.51 of the Revised Code, or proof, to the satisfaction of the 4,602
registrar, that the person is able to respond in damages in an 4,603
amount at least equal to the minimum amounts specified in section 4,604
4509.51 of the Revised Code. 4,605
(2) Subject to the limitation contained in division (L)(3) 4,608
of this section, payment by the person of a license reinstatement 4,609
fee of four hundred five dollars to the bureau of motor vehicles, 4,612
which fee shall be deposited in the state treasury and credited 4,613
as follows: 4,614
(a) One hundred twelve dollars and fifty cents shall be 4,617
credited to the statewide treatment and prevention fund created 4,618
by section 4301.30 of the Revised Code. The fund shall be used 4,620
to pay the costs of driver treatment and intervention programs 4,621
operated pursuant to sections 3793.02 and 3793.10 of the Revised 4,622
Code. The director of alcohol and drug addiction services shall 4,623
determine the share of the fund that is to be allocated to 4,624
alcohol and drug addiction programs authorized by section 3793.02 4,625
of the Revised Code, and the share of the fund that is to be 4,626
allocated to drivers' intervention programs authorized by section 4,627
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 4,629
reparations fund created by section 2743.191 of the Revised Code. 4,631
(c) Thirty-seven dollars and fifty cents shall be credited 4,634
to the indigent drivers alcohol treatment fund, which is hereby 4,635
established. Except as otherwise provided in division (L)(2)(c) 4,637
of this section, moneys in the fund shall be distributed by the 4,638
department of alcohol and drug addiction services to the county 4,639
indigent drivers alcohol treatment funds, the county juvenile 4,640
indigent drivers alcohol treatment funds, and the municipal 4,641
indigent drivers alcohol treatment funds that are required to be 4,642
111
established by counties and municipal corporations pursuant to 4,643
division (N) of this section, and shall be used only to pay the 4,644
cost of an alcohol and drug addiction treatment program attended 4,645
by an offender or juvenile traffic offender who is ordered to 4,646
attend an alcohol and drug addiction treatment program by a 4,647
county, juvenile, or municipal court judge and who is determined 4,648
by the county, juvenile, or municipal court judge not to have the 4,649
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 4,650
that division. Moneys in the fund that are not distributed to a 4,652
county indigent drivers alcohol treatment fund, a county juvenile 4,653
indigent drivers alcohol treatment fund, or a municipal indigent 4,654
drivers alcohol treatment fund under division (N) of this section 4,655
because the director of alcohol and drug addiction services does 4,656
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 4,657
arrested may be transferred by the director of budget and 4,658
management to the statewide treatment and prevention fund created 4,660
by section 4301.30 of the Revised Code, upon certification of the 4,661
amount by the director of alcohol and drug addiction services. 4,663
(d) Seventy-five dollars shall be credited to the Ohio 4,665
rehabilitation services commission established by section 3304.12 4,666
of the Revised Code, to the services for rehabilitation fund, 4,667
which is hereby established. The fund shall be used to match 4,668
available federal matching funds where appropriate, and for any 4,669
other purpose or program of the commission to rehabilitate people 4,670
with disabilities to help them become employed and independent. 4,671
(e) Seventy-five dollars shall be deposited into the state 4,674
treasury and credited to the drug abuse resistance education 4,675
programs fund, which is hereby established, to be used by the 4,676
attorney general for the purposes specified in division (L)(4) of 4,678
this section.
(f) Thirty dollars shall be credited to the state bureau 4,680
of motor vehicles fund created by section 4501.25 of the Revised 4,681
112
Code.
(3) If a person's driver's or commercial driver's license 4,683
or permit is suspended under division (E) or (F) of this section, 4,685
section 4511.196, or division (B) of section 4507.16 of the 4,686
Revised Code, or any combination of the suspensions described in 4,687
division (L)(3) of this section, and if the suspensions arise 4,688
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 4,689
required to pay to the bureau, only one reinstatement fee of four 4,690
hundred five dollars. The reinstatement fee shall be distributed 4,691
by the bureau in accordance with division (L)(2) of this section. 4,692
(4) The attorney general shall use amounts in the drug 4,694
abuse resistance education programs fund to award grants to law 4,695
enforcement agencies to establish and implement drug abuse 4,696
resistance education programs in public schools. Grants awarded 4,697
to a law enforcement agency under division (L)(2)(e) of this 4,698
section shall be used by the agency to pay for not more than 4,699
fifty per cent of the amount of the salaries of law enforcement 4,700
officers who conduct drug abuse resistance education programs in 4,701
public schools. The attorney general shall not use more than six 4,702
per cent of the amounts the attorney general's office receives 4,704
under division (L)(2)(e) of this section to pay the costs it 4,705
incurs in administering the grant program established by division 4,706
(L)(2)(e) of this section and in providing training and materials 4,707
relating to drug abuse resistance education programs. 4,708
The attorney general shall report to the governor and the 4,710
general assembly each fiscal year on the progress made in 4,711
establishing and implementing drug abuse resistance education 4,712
programs. These reports shall include an evaluation of the 4,713
effectiveness of these programs. 4,714
(M) Suspension of a commercial driver's license under 4,716
division (E) or (F) of this section shall be concurrent with any 4,717
period of disqualification under section 2301.374 or 4506.16 of 4,718
the Revised Code. No person who is disqualified for life from 4,719
113
holding a commercial driver's license under section 4506.16 of 4,720
the Revised Code shall be issued a driver's license under Chapter 4,721
4507. of the Revised Code during the period for which the 4,722
commercial driver's license was suspended under division (E) or 4,723
(F) of this section, and no person whose commercial driver's 4,724
license is suspended under division (E) or (F) of this section 4,725
shall be issued a driver's license under that chapter during the 4,726
period of the suspension. 4,727
(N)(1) Each county shall establish an indigent drivers 4,729
alcohol treatment fund, each county shall establish a juvenile 4,730
indigent drivers alcohol treatment fund, and each municipal 4,731
corporation in which there is a municipal court shall establish 4,732
an indigent drivers alcohol treatment fund. All revenue that the 4,733
general assembly appropriates to the indigent drivers alcohol 4,734
treatment fund for transfer to a county indigent drivers alcohol 4,735
treatment fund, a county juvenile indigent drivers alcohol 4,736
treatment fund, or a municipal indigent drivers alcohol treatment 4,737
fund, all portions of fees that are paid under division (L) of 4,738
this section and that are credited under that division to the 4,739
indigent drivers alcohol treatment fund in the state treasury for 4,740
a county indigent drivers alcohol treatment fund, a county 4,741
juvenile indigent drivers alcohol treatment fund, or a municipal 4,742
indigent drivers alcohol treatment fund, and all portions of 4,743
fines that are specified for deposit into a county or municipal 4,744
indigent drivers alcohol treatment fund by section 4511.193 of 4,745
the Revised Code shall be deposited into that county indigent 4,746
drivers alcohol treatment fund, county juvenile indigent drivers 4,747
alcohol treatment fund, or municipal indigent drivers alcohol 4,748
treatment fund in accordance with division (N)(2) of this 4,749
section. Additionally, all portions of fines that are paid for a 4,750
violation of section 4511.19 of the Revised Code or division 4,751
(B)(2) of section 4507.02 of the Revised Code, and that are 4,752
required under division (A)(1) or, (2), (5), OR (6) of section 4,754
4511.99 or division (B)(5) of section 4507.99 of the Revised Code 4,755
114
to be deposited into a county indigent drivers alcohol treatment 4,756
fund or municipal indigent drivers alcohol treatment fund shall 4,757
be deposited into the appropriate fund in accordance with the 4,758
applicable division. 4,759
(2) That portion of the license reinstatement fee that is 4,761
paid under division (L) of this section and that is credited 4,762
under that division to the indigent drivers alcohol treatment 4,763
fund shall be deposited into a county indigent drivers alcohol 4,764
treatment fund, a county juvenile indigent drivers alcohol 4,765
treatment fund, or a municipal indigent drivers alcohol treatment 4,766
fund as follows: 4,767
(a) If the suspension in question was imposed under this 4,769
section, that portion of the fee shall be deposited as follows: 4,770
(i) If the fee is paid by a person who was charged in a 4,772
county court with the violation that resulted in the suspension, 4,773
the portion shall be deposited into the county indigent drivers 4,774
alcohol treatment fund under the control of that court; 4,775
(ii) If the fee is paid by a person who was charged in a 4,777
juvenile court with the violation that resulted in the 4,778
suspension, the portion shall be deposited into the county 4,779
juvenile indigent drivers alcohol treatment fund established in 4,780
the county served by the court; 4,781
(iii) If the fee is paid by a person who was charged in a 4,783
municipal court with the violation that resulted in the 4,784
suspension, the portion shall be deposited into the municipal 4,785
indigent drivers alcohol treatment fund under the control of that 4,786
court. 4,787
(b) If the suspension in question was imposed under 4,789
division (B) of section 4507.16 of the Revised Code, that portion 4,790
of the fee shall be deposited as follows: 4,791
(i) If the fee is paid by a person whose license or permit 4,793
was suspended by a county court, the portion shall be deposited 4,794
into the county indigent drivers alcohol treatment fund under the 4,795
control of that court; 4,796
115
(ii) If the fee is paid by a person whose license or 4,798
permit was suspended by a municipal court, the portion shall be 4,799
deposited into the municipal indigent drivers alcohol treatment 4,800
fund under the control of that court. 4,801
(3) Expenditures from a county indigent drivers alcohol 4,803
treatment fund, a county juvenile indigent drivers alcohol 4,804
treatment fund, or a municipal indigent drivers alcohol treatment 4,805
fund shall be made only upon the order of a county, juvenile, or 4,806
municipal court judge and only for payment of the cost of the 4,807
attendance at an alcohol and drug addiction treatment program of 4,808
a person who is convicted of, or found to be a juvenile traffic 4,809
offender by reason of, a violation of division (A) of section 4,810
4511.19 of the Revised Code or a substantially similar municipal 4,811
ordinance, who is ordered by the court to attend the alcohol and 4,812
drug addiction treatment program, and who is determined by the 4,813
court to be unable to pay the cost of attendance at the treatment 4,815
program or for payment of the costs specified in division (N)(4) 4,816
of this section in accordance with that division. The alcohol 4,817
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 4,819
section 340.02 or 340.021 of the Revised Code and serving the 4,821
alcohol, drug addiction, and mental health service district in 4,822
which the court is located shall administer the indigent drivers 4,823
alcohol treatment program of the court. When a court orders an 4,824
offender or juvenile traffic offender to attend an alcohol and 4,825
drug addiction treatment program, the board shall determine which 4,826
program is suitable to meet the needs of the offender or juvenile 4,827
traffic offender, and when a suitable program is located and 4,828
space is available at the program, the offender or juvenile 4,829
traffic offender shall attend the program designated by the 4,830
board. A reasonable amount not to exceed five per cent of the 4,831
amounts credited to and deposited into the county indigent 4,832
drivers alcohol treatment fund, the county juvenile indigent 4,833
drivers alcohol treatment fund, or the municipal indigent drivers 4,834
116
alcohol treatment fund serving every court whose program is 4,835
administered by that board shall be paid to the board to cover 4,836
the costs it incurs in administering those indigent drivers 4,837
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 4,839
in consultation with the alcohol and drug addiction services 4,840
board or the board of alcohol, drug addiction, and mental health 4,841
services established pursuant to section 340.02 or 340.021 of the 4,842
Revised Code and serving the alcohol, drug addiction, and mental 4,844
health district in which the court is located, that the funds in 4,845
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 4,846
municipal indigent drivers alcohol treatment fund under the 4,847
control of the court are more than sufficient to satisfy the 4,848
purpose for which the fund was established, as specified in 4,849
divisions (N)(1) to (3) of this section, the court may declare a 4,850
surplus in the fund. If the court declares a surplus in the 4,851
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 4,852
who are charged in the court with committing a criminal offense 4,853
or with being a delinquent child or juvenile traffic offender and 4,854
in relation to whom both of the following apply: 4,855
(a) The court determines that substance abuse was a 4,857
contributing factor leading to the criminal or delinquent 4,858
activity or the juvenile traffic offense with which the person is 4,859
charged.
(b) The court determines that the person is unable to pay 4,862
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 4,863
Sec. 4511.99. (A) Whoever violates division (A)(1), (2), 4,876
(3), OR (4) of section 4511.19 of the Revised Code, in addition 4,878
to the license suspension or revocation provided in section 4,879
4507.16 of the Revised Code and any disqualification imposed 4,880
under section 4506.16 of the Revised Code, shall be punished as 4,881
117
provided in division (A)(1), (2), (3), or (4) of this section. 4,882
WHOEVER VIOLATES DIVISION (A)(5), (6), OR (7) OF SECTION 4511.19 4,885
OF THE REVISED CODE, IN ADDITION TO THE LICENSE SUSPENSION OR 4,887
REVOCATION PROVIDED IN SECTION 4507.16 OF THE REVISED CODE AND 4,889
ANY DISQUALIFICATION IMPOSED UNDER SECTION 4506.16 OF THE REVISED 4,891
CODE, SHALL BE PUNISHED AS PROVIDED IN DIVISION (A)(5), (6), (7), 4,894
OR (8) OF THIS SECTION.
(1) Except as otherwise provided in division (A)(2), (3), 4,896
or (4) of this section, the offender is guilty of a misdemeanor 4,897
of the first degree, and the court shall sentence the offender to 4,899
a term of imprisonment of three consecutive days and may sentence 4,900
the offender pursuant to section 2929.21 of the Revised Code to a 4,901
longer term of imprisonment. In addition, the court shall impose 4,902
upon the offender a fine of not less than two hundred FIFTY and 4,903
not more than one thousand dollars. 4,904
The court may suspend the execution of the mandatory three 4,906
consecutive days of imprisonment that it is required to impose by 4,907
this division, if the court, in lieu of the suspended term of 4,908
imprisonment, places the offender on probation and requires the 4,909
offender to attend, for three consecutive days, a drivers' 4,910
intervention program that is certified pursuant to section 4,911
3793.10 of the Revised Code. The court also may suspend the 4,912
execution of any part of the mandatory three consecutive days of 4,913
imprisonment that it is required to impose by this division, if 4,914
the court places the offender on probation for part of the three 4,915
consecutive days; requires the offender to attend, for that part 4,916
of the three consecutive days, a drivers' intervention program 4,917
that is certified pursuant to section 3793.10 of the Revised 4,918
Code; and sentences the offender to a term of imprisonment equal 4,919
to the remainder of the three consecutive days that the offender 4,920
does not spend attending the drivers' intervention program. The 4,921
court may require the offender, as a condition of probation, to 4,922
attend and satisfactorily complete any treatment or education 4,923
programs that comply with the minimum standards adopted pursuant 4,924
118
to Chapter 3793. of the Revised Code by the director of alcohol 4,925
and drug addiction services, in addition to the required 4,926
attendance at a drivers' intervention program, that the operators 4,927
of the drivers' intervention program determine that the offender 4,928
should attend and to report periodically to the court on the 4,929
offender's progress in the programs. The court also may impose 4,930
any other conditions of probation on the offender that it 4,931
considers necessary. 4,932
Of the fine imposed pursuant to this division, twenty-five 4,934
dollars shall be paid to an enforcement and education fund 4,935
established by the legislative authority of the law enforcement 4,936
agency in this state that primarily was responsible for the 4,937
arrest of the offender, as determined by the court that imposes 4,938
the fine. This share shall be used by the agency to pay only 4,939
those costs it incurs in enforcing section 4511.19 of the Revised 4,940
Code or a substantially similar municipal ordinance and in 4,941
informing the public of the laws governing the operation of a 4,942
motor vehicle while under the influence of alcohol, the dangers 4,943
of operating a motor vehicle while under the influence of 4,944
alcohol, and other information relating to the operation of a 4,945
motor vehicle and the consumption of alcoholic beverages. FIFTY 4,947
DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE 4,948
PAID TO THE POLITICAL SUBDIVISION THAT PAYS THE COST OF HOUSING 4,949
THE OFFENDER DURING THE OFFENDER'S TERM OF INCARCERATION TO THE 4,950
CREDIT OF THE FUND THAT PAYS THE COST OF THE INCARCERATION. IF 4,951
THE OFFENDER WAS CONFINED AS A RESULT OF THE OFFENSE PRIOR TO 4,952
BEING SENTENCED FOR THE OFFENSE BUT IS NOT SENTENCED TO A TERM OF 4,953
INCARCERATION, THE FIFTY DOLLARS SHALL BE PAID TO THE POLITICAL 4,954
SUBDIVISION THAT PAID THE COST OF HOUSING THE OFFENDER DURING 4,955
THAT PERIOD OF CONFINEMENT. THE POLITICAL SUBDIVISION SHALL USE 4,956
THIS SHARE TO PAY OR REIMBURSE INCARCERATION OR TREATMENT COSTS 4,957
IT INCURS IN HOUSING OR PROVIDING DRUG AND ALCOHOL TREATMENT TO 4,958
PERSONS WHO VIOLATE SECTION 4511.19 OF THE REVISED CODE OR A 4,959
SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION 4,961
119
INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST EQUIPMENT FOR 4,962
PERSONS WHO VIOLATE THAT SECTION. Twenty-five dollars of the 4,963
fine imposed pursuant to this division shall be deposited into 4,964
the county indigent drivers alcohol treatment fund or municipal 4,965
indigent drivers alcohol treatment fund under the control of that 4,966
court, as created by the county or municipal corporation pursuant 4,967
to division (N) of section 4511.191 of the Revised Code. The 4,968
balance of the fine shall be disbursed as otherwise provided by 4,969
law.
(2)(a) Except as otherwise provided in division (A)(4) of 4,972
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 4,975
pleaded guilty to one violation of division (A) or (B) of section 4,976
4511.19 of the Revised Code, a municipal ordinance relating to 4,977
operating a vehicle while under the influence of alcohol, a drug 4,978
of abuse, or alcohol and a drug of abuse, a municipal ordinance 4,979
relating to operating a vehicle with a prohibited concentration 4,980
of alcohol in the blood, breath, or urine, section 2903.04 of the 4,981
Revised Code in a case in which the offender was subject to the 4,982
sanctions described in division (D) of that section, section 4,983
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 4,984
ordinance that is substantially similar to section 2903.07 of the 4,985
Revised Code in a case in which the jury or judge found that the 4,986
offender was under the influence of alcohol, a drug of abuse, or 4,987
alcohol and a drug of abuse, or a statute of the United States or 4,988
of any other state or a municipal ordinance of a municipal 4,989
corporation located in any other state that is substantially 4,990
similar to division (A) or (B) of section 4511.19 of the Revised 4,991
Code, the offender is guilty of a misdemeanor of the first degree
and, except as provided in this division, the court shall 4,993
sentence the offender to a term of imprisonment of ten 4,994
consecutive days and may sentence the offender pursuant to 4,995
section 2929.21 of the Revised Code to a longer term of 4,996
imprisonment. As an alternative to the term of imprisonment 4,997
120
required to be imposed by this division, but subject to division 4,998
(A)(8)(12) of this section, the court may impose upon the 5,000
offender a sentence consisting of both a term of imprisonment of 5,001
five consecutive days and not less than eighteen consecutive days 5,002
of electronically monitored house arrest as defined in division 5,003
(A) of section 2929.23 of the Revised Code. The five consecutive 5,004
days of imprisonment and the period of electronically monitored 5,005
house arrest shall not exceed six months. The five consecutive 5,006
days of imprisonment do not have to be served prior to or 5,007
consecutively with the period of electronically monitored house 5,008
arrest.
In addition, the court shall impose upon the offender a 5,010
fine of not less than three hundred FIFTY and not more than one 5,011
thousand five hundred dollars. 5,012
In addition to any other sentence that it imposes upon the 5,014
offender, the court may require the offender to attend a drivers' 5,015
intervention program that is certified pursuant to section 5,016
3793.10 of the Revised Code. If the officials of the drivers' 5,017
intervention program determine that the offender is alcohol 5,018
dependent, they shall notify the court, and the court shall order 5,019
the offender to obtain treatment through an alcohol and drug 5,020
addiction program authorized by section 3793.02 of the Revised 5,021
Code. The cost of the treatment shall be paid by the offender. 5,022
Of the fine imposed pursuant to this division, thirty-five 5,024
dollars shall be paid to an enforcement and education fund 5,025
established by the legislative authority of the law enforcement 5,026
agency in this state that primarily was responsible for the 5,027
arrest of the offender, as determined by the court that imposes 5,028
the fine. This share shall be used by the agency to pay only 5,029
those costs it incurs in enforcing division (A) of section 5,030
4511.19 of the Revised Code or a substantially similar municipal 5,031
ordinance and in informing the public of the laws governing the 5,032
operation of a motor vehicle while under the influence of 5,033
alcohol, the dangers of operating a motor vehicle while under the 5,034
121
influence of alcohol, and other information relating to the 5,035
operation of a motor vehicle and the consumption of alcoholic 5,036
beverages. Sixty-five ONE HUNDRED FIFTEEN dollars of the fine 5,037
imposed pursuant to this division shall be paid to the political 5,039
subdivision responsible for THAT PAYS THE COST OF housing the 5,040
offender during the offender's term of incarceration. This share 5,043
shall be used by the political subdivision to pay or reimburse 5,044
incarceration OR TREATMENT costs it incurs in housing OR 5,046
PROVIDING DRUG AND ALCOHOL TREATMENT TO persons who violate
section 4511.19 of the Revised Code or a substantially similar 5,048
municipal ordinance and to pay for ignition interlock devices and 5,049
electronic house arrest equipment for persons who violate that 5,050
section, and shall be paid to the credit of the fund that pays 5,051
the cost of the incarceration. Fifty dollars of the fine imposed 5,052
pursuant to this division shall be deposited into the county 5,053
indigent drivers alcohol treatment fund or municipal indigent 5,054
drivers alcohol treatment fund under the control of that court, 5,055
as created by the county or municipal corporation pursuant to 5,056
division (N) of section 4511.191 of the Revised Code. The 5,057
balance of the fine shall be disbursed as otherwise provided by 5,058
law.
(b) Regardless of whether the vehicle the offender was 5,060
operating at the time of the offense is registered in the 5,061
offender's name or in the name of another person, the court, in 5,063
addition to the penalties imposed under division (A)(2)(a) of 5,064
this section and all other penalties provided by law and subject 5,065
to section 4503.235 of the Revised Code, shall order the 5,066
immobilization for ninety days of the vehicle the offender was 5,067
operating at the time of the offense and the impoundment for 5,068
ninety days of the identification license plates of that vehicle. 5,069
The order for the immobilization and impoundment shall be issued 5,070
and enforced in accordance with section 4503.233 of the Revised 5,071
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 5,074
122
this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within
six years of the offense, the offender has been convicted of or 5,077
pleaded guilty to two violations of division (A) or (B) of 5,078
section 4511.19 of the Revised Code, a municipal ordinance 5,079
relating to operating a vehicle while under the influence of 5,080
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 5,081
municipal ordinance relating to operating a vehicle with a 5,082
prohibited concentration of alcohol in the blood, breath, or 5,083
urine, section 2903.04 of the Revised Code in a case in which the 5,084
offender was subject to the sanctions described in division (D) 5,085
of that section, section 2903.06, 2903.07, or 2903.08 of the 5,086
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 5,087
the jury or judge found that the offender was under the influence 5,088
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,090
statute of the United States or of any other state or a municipal 5,091
ordinance of a municipal corporation located in any other state 5,092
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 5,093
the court shall sentence the offender to a term of imprisonment 5,095
of thirty consecutive days and may sentence the offender to a 5,096
longer definite term of imprisonment of not more than one year. 5,097
As an alternative to the term of imprisonment required to be 5,098
imposed by this division, but subject to division (A)(8)(12) of 5,099
this section, the court may impose upon the offender a sentence 5,101
consisting of both a term of imprisonment of fifteen consecutive 5,102
days and not less than fifty-five consecutive days of 5,103
electronically monitored house arrest as defined in division (A) 5,104
of section 2929.23 of the Revised Code. The fifteen consecutive 5,105
days of imprisonment and the period of electronically monitored 5,106
house arrest shall not exceed one year. The fifteen consecutive 5,107
days of imprisonment do not have to be served prior to or 5,108
consecutively with the period of electronically monitored house 5,109
arrest.
123
In addition, the court shall impose upon the offender a 5,111
fine of not less than five hundred FIFTY and not more than two 5,112
thousand five hundred dollars. 5,113
In addition to any other sentence that it imposes upon the 5,115
offender, the court shall require the offender to attend an 5,116
alcohol and drug addiction program authorized by section 3793.02 5,117
of the Revised Code. The cost of the treatment shall be paid by 5,118
the offender. If the court determines that the offender is 5,119
unable to pay the cost of attendance at the treatment program, 5,121
the court may order that payment of the cost of the offender's 5,122
attendance at the treatment program be made from that court's 5,123
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 5,125
twenty-three dollars shall be paid to an enforcement and 5,126
education fund established by the legislative authority of the 5,127
law enforcement agency in this state that primarily was 5,128
responsible for the arrest of the offender, as determined by the 5,129
court that imposes the fine. This share shall be used by the 5,130
agency to pay only those costs it incurs in enforcing section 5,131
4511.19 of the Revised Code or a substantially similar municipal 5,132
ordinance and in informing the public of the laws governing the 5,133
operation of a motor vehicle while under the influence of 5,134
alcohol, the dangers of operating a motor vehicle while under the 5,135
influence of alcohol, and other information relating to the 5,136
operation of a motor vehicle and the consumption of alcoholic 5,137
beverages. Two hundred twenty-seven SEVENTY-SEVEN dollars of the 5,139
fine imposed pursuant to this division shall be paid to the 5,140
political subdivision responsible for THAT PAYS THE COST OF 5,141
housing the offender during the offender's term of incarceration. 5,144
This share shall be used by the political subdivision to pay or 5,145
reimburse incarceration OR TREATMENT costs it incurs in housing 5,147
OR PROVIDING DRUG AND ALCOHOL TREATMENT TO persons who violate
division (A) of section 4511.19 of the Revised Code or a 5,149
substantially similar municipal ordinance and to pay for ignition 5,150
124
interlock devices and electronic house arrest equipment for 5,151
persons who violate that section and shall be paid to the credit 5,152
of the fund that pays the cost of incarceration. The balance of 5,153
the fine shall be disbursed as otherwise provided by law. 5,154
(b) Regardless of whether the vehicle the offender was 5,156
operating at the time of the offense is registered in the 5,157
offender's name or in the name of another person, the court, in 5,159
addition to the penalties imposed under division (A)(3)(a) of 5,160
this section and all other penalties provided by law and subject 5,161
to section 4503.235 of the Revised Code, shall order the 5,162
immobilization for one hundred eighty days of the vehicle the 5,163
offender was operating at the time of the offense and the 5,164
impoundment for one hundred eighty days of the identification 5,165
license plates of that vehicle. The order for the immobilization 5,166
and impoundment shall be issued and enforced in accordance with 5,167
section 4503.233 of the Revised Code. 5,168
(4)(a)(i) If, within six years of the offense, the 5,170
offender has been convicted of or pleaded guilty to three or more 5,171
violations of division (A) or (B) of section 4511.19 of the 5,172
Revised Code, a municipal ordinance relating to operating a 5,173
vehicle while under the influence of alcohol, a drug of abuse, or 5,174
alcohol and a drug of abuse, a municipal ordinance relating to 5,175
operating a vehicle with a prohibited concentration of alcohol in 5,176
the blood, breath, or urine, section 2903.04 of the Revised Code 5,177
in a case in which the offender was subject to the sanctions 5,178
described in division (D) of that section, section 2903.06, 5,179
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 5,180
that is substantially similar to section 2903.07 of the Revised 5,181
Code in a case in which the jury or judge found that the offender 5,182
was under the influence of alcohol, a drug of abuse, or alcohol 5,183
and a drug of abuse, or a statute of the United States or of any 5,185
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 5,186
division (A) or (B) of section 4511.19 of the Revised Code, or if 5,187
125
the offender previously has been convicted of or pleaded guilty 5,189
to a violation of division (A) of section 4511.19 of the Revised 5,190
Code under circumstances in which the violation was a felony and 5,191
regardless of when the violation and the conviction or guilty 5,192
plea occurred AND IF SENTENCE IS NOT REQUIRED TO BE IMPOSED UNDER 5,193
DIVISION (A)(4)(a)(ii) OF THIS SECTION, the offender is guilty of 5,194
a felony of the fourth degree AND, NOTWITHSTANDING DIVISION 5,197
(A)(4) OF SECTION 2929.14 OF THE REVISED CODE, MAY BE SENTENCED 5,199
TO A DEFINITE PRISON TERM THAT SHALL BE NOT LESS THAN SIX MONTHS 5,200
AND NOT MORE THAN THIRTY MONTHS. The court shall sentence the 5,201
offender in accordance with sections 2929.11 to 2929.19 of the 5,202
Revised Code and shall impose as part of the sentence EITHER a 5,203
mandatory term of local incarceration of sixty consecutive days 5,205
of imprisonment in accordance with division (G)(1) of section 5,206
2929.13 of the Revised Code or a mandatory prison term of sixty 5,207
consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If THE COURT 5,208
REQUIRES the offender is required to serve a mandatory term of 5,210
local incarceration of sixty consecutive days of imprisonment in 5,212
accordance with division (G)(1) of section 2929.13 of the Revised 5,213
Code, the court, pursuant to section 2929.17 of the Revised Code, 5,215
may impose upon the offender a sentence that includes a term of 5,216
electronically monitored house arrest, provided that the term of 5,217
electronically monitored house arrest shall not commence until 5,218
after the offender has served the mandatory term of local
incarceration. 5,219
(ii) IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 5,221
PLEADED GUILTY TO A VIOLATION OF DIVISION (A) OF SECTION 4511.19 5,222
OF THE REVISED CODE UNDER CIRCUMSTANCES IN WHICH THE VIOLATION 5,224
WAS A FELONY, REGARDLESS OF WHEN THE PRIOR VIOLATION AND THE 5,225
PRIOR CONVICTION OR GUILTY PLEA OCCURRED, THE OFFENDER IS GUILTY 5,226
OF A FELONY OF THE THIRD DEGREE. THE COURT SHALL SENTENCE THE 5,227
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 5,228
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY 5,229
126
PRISON TERM OF SIXTY CONSECUTIVE DAYS OF IMPRISONMENT IN 5,230
ACCORDANCE WITH DIVISION (G)(2) OF SECTION 2929.13 OF THE REVISED 5,231
CODE. 5,232
(iii) In addition to all other sanctions imposed ON AN 5,235
OFFENDER UNDER DIVISION (A)(4)(a)(i) OR (ii) OF THIS SECTION, the 5,237
court shall impose upon the offender, pursuant to section 2929.18 5,238
of the Revised Code, a fine of not less than seven EIGHT hundred 5,239
fifty nor more than ten thousand dollars. 5,241
In addition to any other sanction that it imposes upon the 5,244
offender UNDER DIVISION (A)(4)(a)(i) OR (ii) OF THIS SECTION, the 5,246
court shall require the offender to attend an alcohol and drug 5,249
addiction program authorized by section 3793.02 of the Revised 5,250
Code. The cost of the treatment shall be paid by the offender. 5,251
If the court determines that the offender is unable to pay the 5,252
cost of attendance at the treatment program, the court may order 5,253
that payment of the cost of the offender's attendance at the 5,254
treatment program be made from the court's indigent drivers 5,255
alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred 5,257
ten dollars shall be paid to an enforcement and education fund 5,258
established by the legislative authority of the law enforcement 5,259
agency in this state that primarily was responsible for the 5,260
arrest of the offender, as determined by the court that imposes 5,261
the fine. This share shall be used by the agency to pay only 5,262
those costs it incurs in enforcing section 4511.19 of the Revised 5,263
Code or a substantially similar municipal ordinance and in 5,264
informing the public of the laws governing operation of a motor 5,265
vehicle while under the influence of alcohol, the dangers of 5,266
operation of a motor vehicle while under the influence of 5,267
alcohol, and other information relating to the operation of a 5,268
motor vehicle and the consumption of alcoholic beverages. Three 5,269
FOUR hundred ninety FORTY dollars of the fine imposed pursuant to 5,271
this division shall be paid to the political subdivision 5,272
responsible for THAT PAYS THE COST OF housing the offender during 5,273
127
the offender's term of incarceration. This share shall be used 5,276
by the political subdivision to pay or reimburse incarceration OR 5,277
TREATMENT costs it incurs in housing OR PROVIDING DRUG AND 5,278
ALCOHOL TREATMENT TO persons who violate division (A) of section 5,279
4511.19 of the Revised Code or a substantially similar municipal 5,280
ordinance and to pay for ignition interlock devices and 5,281
electronic house arrest equipment for persons who violate that 5,282
section, and shall be paid to the credit of the fund that pays 5,283
the cost of incarceration. The balance of the fine shall be 5,284
disbursed as otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 5,286
operating at the time of the offense is registered in the 5,287
offender's name or in the name of another person, the court, in 5,289
addition to the sanctions imposed under division (A)(4)(a) of 5,290
this section and all other sanctions provided by law and subject 5,292
to section 4503.235 of the Revised Code, shall order the criminal 5,294
forfeiture to the state of the vehicle the offender was operating 5,295
at the time of the offense. The order of criminal forfeiture 5,296
shall be issued and enforced in accordance with section 4503.234 5,297
of the Revised Code. 5,298
(c) As used in division (A)(4)(a) of this section, 5,301
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 5,303
the Revised Code.
If title to a motor vehicle that is subject to an order for 5,305
criminal forfeiture under this section is assigned or transferred 5,306
and division (C)(2) or (3) of section 4503.234 of the Revised 5,307
Code applies, in addition to or independent of any other penalty 5,308
established by law, the court may fine the offender the value of 5,309
the vehicle as determined by publications of the national auto 5,310
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 5,311
(D)(4) of section 4503.234 of the Revised Code. 5,312
(5)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(6), 5,314
128
(7), OR (8) OF THIS SECTION, THE OFFENDER IS GUILTY OF A 5,316
MISDEMEANOR OF THE FIRST DEGREE, AND THE COURT SHALL SENTENCE THE 5,317
OFFENDER TO ONE OF THE FOLLOWING:
(i) A TERM OF IMPRISONMENT OF AT LEAST THREE CONSECUTIVE 5,320
DAYS AND A REQUIREMENT THAT THE OFFENDER ATTEND, FOR THREE 5,322
CONSECUTIVE DAYS, A DRIVERS' INTERVENTION PROGRAM THAT IS 5,323
CERTIFIED PURSUANT TO SECTION 3793.10 OF THE REVISED CODE; 5,324
(ii) IF THE COURT DETERMINES THAT THE OFFENDER IS NOT 5,326
CONDUCIVE TO TREATMENT IN THE PROGRAM, IF THE OFFENDER REFUSES TO 5,328
ATTEND THE PROGRAM, OR IF THE PLACE OF IMPRISONMENT CAN PROVIDE A 5,329
DRIVERS' INTERVENTION PROGRAM, A TERM OF IMPRISONMENT OF AT LEAST 5,330
SIX CONSECUTIVE DAYS.
(b) IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER 5,332
A FINE OF NOT LESS THAN TWO HUNDRED FIFTY AND NOT MORE THAN ONE 5,334
THOUSAND DOLLARS.
THE COURT MAY REQUIRE THE OFFENDER, AS A CONDITION OF 5,336
PROBATION, TO ATTEND AND SATISFACTORILY COMPLETE ANY TREATMENT OR 5,337
EDUCATION PROGRAMS THAT COMPLY WITH THE MINIMUM STANDARDS ADOPTED 5,338
PURSUANT TO CHAPTER 3793. OF THE REVISED CODE BY THE DIRECTOR OF 5,340
ALCOHOL AND DRUG ADDICTION SERVICES, IN ADDITION TO THE REQUIRED 5,341
ATTENDANCE AT A DRIVERS' INTERVENTION PROGRAM, THAT THE OPERATORS 5,342
OF THE DRIVERS' INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER 5,343
SHOULD ATTEND AND TO REPORT PERIODICALLY TO THE COURT ON THE 5,344
OFFENDER'S PROGRESS IN THE PROGRAMS. THE COURT ALSO MAY IMPOSE 5,345
ANY OTHER CONDITIONS OF PROBATION ON THE OFFENDER THAT IT 5,346
CONSIDERS NECESSARY. 5,347
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWENTY-FIVE 5,349
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 5,350
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 5,351
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 5,352
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 5,353
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 5,355
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 5,356
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 5,357
129
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 5,358
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 5,359
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 5,360
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 5,361
CONSUMPTION OF ALCOHOLIC BEVERAGES. FIFTY DOLLARS OF THE FINE 5,362
IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO THE POLITICAL 5,363
SUBDIVISION THAT PAYS THE COST OF HOUSING THE OFFENDER DURING THE 5,364
OFFENDER'S TERM OF INCARCERATION TO THE CREDIT OF THE FUND THAT 5,365
PAYS THE COST OF THE INCARCERATION. THE POLITICAL SUBDIVISION 5,366
SHALL USE THIS SHARE TO PAY OR REIMBURSE INCARCERATION OR 5,367
TREATMENT COSTS IT INCURS IN HOUSING OR PROVIDING DRUG AND 5,368
ALCOHOL TREATMENT TO PERSONS WHO VIOLATE SECTION 4511.19 OF THE 5,369
REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND 5,370
TO PAY FOR IGNITION INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST 5,371
EQUIPMENT FOR PERSONS WHO VIOLATE THAT SECTION. TWENTY-FIVE 5,373
DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE 5,374
DEPOSITED INTO THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND 5,375
OR MUNICIPAL INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE 5,376
CONTROL OF THAT COURT, AS CREATED BY THE COUNTY OR MUNICIPAL 5,377
CORPORATION PURSUANT TO DIVISION (N) OF SECTION 4511.191 OF THE 5,378
REVISED CODE. THE BALANCE OF THE FINE SHALL BE DISBURSED AS 5,379
OTHERWISE PROVIDED BY LAW.
(6)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8) OF 5,382
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 5,383
PLEADED GUILTY TO ONE VIOLATION OF DIVISION (A) OR (B) OF SECTION 5,385
4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO 5,387
OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG 5,388
OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE 5,389
RELATING TO OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION 5,390
OF ALCOHOL IN THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE 5,391
REVISED CODE IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE 5,393
SANCTIONS DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 5,394
2903.06, 2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL 5,395
130
ORDINANCE THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE 5,397
REVISED CODE IN A CASE IN WHICH THE JURY OR JUDGE FOUND THAT THE 5,399
OFFENDER WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 5,400
ALCOHOL AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR 5,401
OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL 5,402
CORPORATION LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY 5,403
SIMILAR TO DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED 5,405
CODE, THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE FIRST 5,406
DEGREE, AND THE COURT SHALL SENTENCE THE OFFENDER TO A TERM OF 5,407
IMPRISONMENT OF TWENTY CONSECUTIVE DAYS AND MAY SENTENCE THE 5,408
OFFENDER PURSUANT TO SECTION 2929.21 OF THE REVISED CODE TO A 5,409
LONGER TERM OF IMPRISONMENT. AS AN ALTERNATIVE TO THE TERM OF 5,411
IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT SUBJECT 5,412
TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE UPON 5,413
THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF IMPRISONMENT 5,414
OF TEN CONSECUTIVE DAYS AND NOT LESS THAN THIRTY-SIX CONSECUTIVE 5,415
DAYS OF ELECTRONICALLY MONITORED HOUSE ARREST AS DEFINED IN 5,416
DIVISION (A) OF SECTION 2929.23 OF THE REVISED CODE. THE TEN 5,417
CONSECUTIVE DAYS OF IMPRISONMENT AND THE PERIOD OF ELECTRONICALLY 5,419
MONITORED HOUSE ARREST SHALL NOT EXCEED SIX MONTHS. THE TEN 5,420
CONSECUTIVE DAYS OF IMPRISONMENT DO NOT HAVE TO BE SERVED PRIOR 5,421
TO OR CONSECUTIVELY WITH THE PERIOD OF ELECTRONICALLY MONITORED 5,422
HOUSE ARREST.
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 5,424
FINE OF NOT LESS THAN THREE HUNDRED FIFTY AND NOT MORE THAN ONE 5,425
THOUSAND FIVE HUNDRED DOLLARS. 5,426
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 5,428
OFFENDER, THE COURT MAY REQUIRE THE OFFENDER TO ATTEND A DRIVERS' 5,429
INTERVENTION PROGRAM THAT IS CERTIFIED PURSUANT TO SECTION 5,430
3793.10 OF THE REVISED CODE. IF THE OFFICIALS OF THE DRIVERS' 5,432
INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER IS ALCOHOL 5,433
DEPENDENT, THEY SHALL NOTIFY THE COURT, AND THE COURT SHALL ORDER 5,434
THE OFFENDER TO OBTAIN TREATMENT THROUGH AN ALCOHOL AND DRUG 5,435
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED 5,437
131
CODE. THE OFFENDER SHALL PAY THE COST OF THE TREATMENT.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, THIRTY-FIVE 5,439
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 5,440
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 5,441
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 5,442
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 5,443
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 5,445
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 5,446
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 5,448
THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A MOTOR VEHICLE 5,449
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATING A 5,450
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 5,451
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 5,452
CONSUMPTION OF ALCOHOLIC BEVERAGES. ONE HUNDRED FIFTEEN DOLLARS 5,453
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO 5,454
THE POLITICAL SUBDIVISION THAT PAYS THE COST OF HOUSING THE 5,455
OFFENDER DURING THE OFFENDER'S TERM OF INCARCERATION. THE 5,457
POLITICAL SUBDIVISION SHALL USE THIS SHARE TO PAY OR REIMBURSE 5,458
INCARCERATION OR TREATMENT COSTS IT INCURS IN HOUSING OR 5,459
PROVIDING DRUG AND ALCOHOL TREATMENT TO PERSONS WHO VIOLATE
SECTION 4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY SIMILAR 5,462
MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION INTERLOCK DEVICES AND 5,463
ELECTRONIC HOUSE ARREST EQUIPMENT FOR PERSONS WHO VIOLATE THAT 5,464
SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT OF THE FUND 5,465
THAT PAYS THE COST OF THE INCARCERATION. FIFTY DOLLARS OF THE 5,466
FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE DEPOSITED INTO 5,467
THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND OR MUNICIPAL 5,468
INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE CONTROL OF THAT 5,469
COURT, AS CREATED BY THE COUNTY OR MUNICIPAL CORPORATION PURSUANT 5,470
TO DIVISION (N) OF SECTION 4511.191 OF THE REVISED CODE. THE 5,471
BALANCE OF THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY 5,472
LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 5,474
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 5,475
132
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 5,477
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(6)(a) OF 5,478
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 5,480
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 5,481
IMMOBILIZATION FOR NINETY DAYS OF THE VEHICLE THE OFFENDER WAS 5,483
OPERATING AT THE TIME OF THE OFFENSE AND THE IMPOUNDMENT FOR 5,484
NINETY DAYS OF THE IDENTIFICATION LICENSE PLATES OF THAT VEHICLE. 5,485
THE ORDER FOR THE IMMOBILIZATION AND IMPOUNDMENT SHALL BE ISSUED 5,486
AND ENFORCED IN ACCORDANCE WITH SECTION 4503.233 OF THE REVISED 5,487
CODE.
(7)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8) OF 5,490
THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN
SIX YEARS OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR 5,493
PLEADED GUILTY TO TWO VIOLATIONS OF DIVISION (A) OR (B) OF 5,494
SECTION 4511.19 OF THE REVISED CODE, A MUNICIPAL ORDINANCE 5,496
RELATING TO OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF 5,497
ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, A 5,498
MUNICIPAL ORDINANCE RELATING TO OPERATING A VEHICLE WITH A 5,499
PROHIBITED CONCENTRATION OF ALCOHOL IN THE BLOOD, BREATH, OR 5,500
URINE, SECTION 2903.04 OF THE REVISED CODE IN A CASE IN WHICH THE 5,502
OFFENDER WAS SUBJECT TO THE SANCTIONS DESCRIBED IN DIVISION (D) 5,503
OF THAT SECTION, SECTION 2903.06, 2903.07, OR 2903.08 OF THE 5,504
REVISED CODE OR A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY 5,505
SIMILAR TO SECTION 2903.07 OF THE REVISED CODE IN A CASE IN WHICH 5,507
THE JURY OR JUDGE FOUND THAT THE OFFENDER WAS UNDER THE INFLUENCE 5,508
OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, OR A 5,510
STATUTE OF THE UNITED STATES OR OF ANY OTHER STATE OR A MUNICIPAL 5,511
ORDINANCE OF A MUNICIPAL CORPORATION LOCATED IN ANY OTHER STATE 5,512
THAT IS SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B) OF SECTION 5,513
4511.19 OF THE REVISED CODE, THE COURT SHALL SENTENCE THE 5,515
OFFENDER TO A TERM OF IMPRISONMENT OF SIXTY CONSECUTIVE DAYS AND
MAY SENTENCE THE OFFENDER TO A LONGER DEFINITE TERM OF 5,516
IMPRISONMENT OF NOT MORE THAN ONE YEAR. AS AN ALTERNATIVE TO THE 5,517
TERM OF IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT 5,518
133
SUBJECT TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE 5,519
UPON THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF 5,520
IMPRISONMENT OF THIRTY CONSECUTIVE DAYS AND NOT LESS THAN ONE 5,522
HUNDRED TEN CONSECUTIVE DAYS OF ELECTRONICALLY MONITORED HOUSE
ARREST AS DEFINED IN DIVISION (A) OF SECTION 2929.23 OF THE 5,524
REVISED CODE. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT AND 5,525
THE PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST SHALL NOT 5,526
EXCEED ONE YEAR. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT DO 5,527
NOT HAVE TO BE SERVED PRIOR TO OR CONSECUTIVELY WITH THE PERIOD 5,528
OF ELECTRONICALLY MONITORED HOUSE ARREST. 5,529
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A 5,531
FINE OF NOT LESS THAN FIVE HUNDRED FIFTY AND NOT MORE THAN TWO 5,532
THOUSAND FIVE HUNDRED DOLLARS. 5,533
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE 5,535
OFFENDER, THE COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN 5,536
ALCOHOL AND DRUG ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 5,537
OF THE REVISED CODE. THE OFFENDER SHALL PAY THE COST OF THE 5,538
TREATMENT. IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE 5,540
TO PAY THE COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE COURT 5,541
MAY ORDER THAT PAYMENT OF THE COST OF THE OFFENDER'S ATTENDANCE 5,542
AT THE TREATMENT PROGRAM BE MADE FROM THAT COURT'S INDIGENT 5,543
DRIVERS ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, ONE HUNDRED 5,545
TWENTY-THREE DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND 5,546
EDUCATION FUND ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE 5,547
LAW ENFORCEMENT AGENCY IN THIS STATE THAT PRIMARILY WAS 5,548
RESPONSIBLE FOR THE ARREST OF THE OFFENDER, AS DETERMINED BY THE 5,549
COURT THAT IMPOSES THE FINE. THE AGENCY SHALL USE THIS SHARE TO 5,551
PAY ONLY THOSE COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF 5,552
THE REVISED CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE 5,554
AND IN INFORMING THE PUBLIC OF THE LAWS GOVERNING THE OPERATION 5,555
OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, THE 5,556
DANGERS OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF 5,557
ALCOHOL, AND OTHER INFORMATION RELATING TO THE OPERATION OF A 5,558
134
MOTOR VEHICLE AND THE CONSUMPTION OF ALCOHOLIC BEVERAGES. TWO 5,559
HUNDRED SEVENTY-SEVEN DOLLARS OF THE FINE IMPOSED PURSUANT TO 5,560
THIS DIVISION SHALL BE PAID TO THE POLITICAL SUBDIVISION THAT 5,561
PAYS THE COST OF HOUSING THE OFFENDER DURING THE OFFENDER'S TERM 5,562
OF INCARCERATION. THE POLITICAL SUBDIVISION SHALL USE THIS SHARE 5,563
TO PAY OR REIMBURSE INCARCERATION OR TREATMENT COSTS IT INCURS IN 5,564
HOUSING OR PROVIDING DRUG AND ALCOHOL TREATMENT TO PERSONS WHO 5,565
VIOLATE SECTION 4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY 5,567
SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION INTERLOCK 5,568
DEVICES AND ELECTRONIC HOUSE ARREST EQUIPMENT FOR PERSONS WHO 5,569
VIOLATE THAT SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT 5,570
OF THE FUND THAT PAYS THE COST OF INCARCERATION. THE BALANCE OF 5,571
THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW. 5,572
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 5,574
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 5,575
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 5,577
ADDITION TO THE PENALTIES IMPOSED UNDER DIVISION (A)(7)(a) OF 5,578
THIS SECTION AND ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT 5,580
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE 5,581
IMMOBILIZATION FOR ONE HUNDRED EIGHTY DAYS OF THE VEHICLE THE 5,583
OFFENDER WAS OPERATING AT THE TIME OF THE OFFENSE AND THE 5,584
IMPOUNDMENT FOR ONE HUNDRED EIGHTY DAYS OF THE IDENTIFICATION 5,585
LICENSE PLATES OF THAT VEHICLE. THE ORDER FOR THE IMMOBILIZATION 5,586
AND IMPOUNDMENT SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH 5,587
SECTION 4503.233 OF THE REVISED CODE. 5,588
(8)(a)(i) IF, WITHIN SIX YEARS OF THE OFFENSE, THE 5,590
OFFENDER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO THREE OR MORE 5,592
VIOLATIONS OF DIVISION (A) OR (B) OF SECTION 4511.19 OF THE 5,594
REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO OPERATING A
VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR 5,595
ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE RELATING TO 5,596
OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION OF ALCOHOL IN 5,597
THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE REVISED CODE 5,599
IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE SANCTIONS 5,600
135
DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 2903.06, 5,601
2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL ORDINANCE 5,603
THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE REVISED 5,605
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 5,606
AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR OF ANY 5,608
OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL CORPORATION
LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO 5,609
DIVISION (A) OR (B) OF SECTION 4511.19 OF THE REVISED CODE, AND 5,612
IF SENTENCE IS NOT REQUIRED TO BE IMPOSED UNDER DIVISION 5,613
(A)(8)(a)(ii) OF THIS SECTION, THE OFFENDER IS GUILTY OF A FELONY 5,614
OF THE FOURTH DEGREE AND, NOTWITHSTANDING DIVISION (A)(4) OF 5,617
SECTION 2929.14 OF THE REVISED CODE, MAY BE SENTENCED TO A 5,619
DEFINITE PRISON TERM THAT SHALL BE NOT LESS THAN SIX MONTHS AND 5,620
NOT MORE THAN THIRTY MONTHS. THE COURT SHALL SENTENCE THE 5,621
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 5,622
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE EITHER A 5,624
MANDATORY TERM OF LOCAL INCARCERATION OF ONE HUNDRED TWENTY 5,626
CONSECUTIVE DAYS OF IMPRISONMENT IN ACCORDANCE WITH DIVISION 5,627
(G)(1) OF SECTION 2929.13 OF THE REVISED CODE OR A MANDATORY 5,629
PRISON TERM OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,630
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(2) OF THAT SECTION. 5,631
IF THE COURT REQUIRES THE OFFENDER TO SERVE A MANDATORY TERM OF 5,632
LOCAL INCARCERATION OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,633
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(1) OF SECTION 5,634
2929.13 OF THE REVISED CODE, THE COURT, PURSUANT TO SECTION 5,638
2929.17 OF THE REVISED CODE, MAY IMPOSE UPON THE OFFENDER A 5,641
SENTENCE THAT INCLUDES A TERM OF ELECTRONICALLY MONITORED HOUSE
ARREST, PROVIDED THAT THE TERM OF ELECTRONICALLY MONITORED HOUSE 5,642
ARREST SHALL NOT COMMENCE UNTIL AFTER THE OFFENDER HAS SERVED THE 5,643
MANDATORY TERM OF LOCAL INCARCERATION. 5,644
(ii) IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 5,646
PLEADED GUILTY TO A VIOLATION OF DIVISION (A) OF SECTION 4511.19 5,647
OF THE REVISED CODE UNDER CIRCUMSTANCES IN WHICH THE VIOLATION 5,649
136
WAS A FELONY, REGARDLESS OF WHEN THE PRIOR VIOLATION AND THE 5,650
PRIOR CONVICTION OR GUILTY PLEA OCCURRED, THE OFFENDER IS GUILTY 5,651
OF A FELONY OF THE THIRD DEGREE. THE COURT SHALL SENTENCE THE 5,653
OFFENDER IN ACCORDANCE WITH SECTIONS 2929.11 TO 2929.19 OF THE 5,654
REVISED CODE AND SHALL IMPOSE AS PART OF THE SENTENCE A MANDATORY 5,655
PRISON TERM OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF 5,656
IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(2) OF SECTION 5,657
2929.13 OF THE REVISED CODE.
(iii) IN ADDITION TO ALL OTHER SANCTIONS IMPOSED ON AN 5,659
OFFENDER UNDER DIVISION (A)(8)(a)(i) OR (ii) OF THIS SECTION, THE 5,661
COURT SHALL IMPOSE UPON THE OFFENDER, PURSUANT TO SECTION 2929.18 5,662
OF THE REVISED CODE, A FINE OF NOT LESS THAN EIGHT HUNDRED NOR 5,664
MORE THAN TEN THOUSAND DOLLARS. 5,665
IN ADDITION TO ANY OTHER SANCTION THAT IT IMPOSES UPON THE 5,668
OFFENDER UNDER DIVISION (A)(8)(a)(i) OR (ii) OF THIS SECTION, THE 5,669
COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN ALCOHOL AND DRUG 5,672
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED 5,673
CODE. THE COST OF THE TREATMENT SHALL BE PAID BY THE OFFENDER. 5,675
IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE TO PAY THE 5,676
COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE COURT MAY ORDER 5,677
THAT PAYMENT OF THE COST OF THE OFFENDER'S ATTENDANCE AT THE 5,678
TREATMENT PROGRAM BE MADE FROM THE COURT'S INDIGENT DRIVERS 5,679
ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWO HUNDRED 5,681
TEN DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND 5,682
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT 5,683
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE 5,684
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES 5,685
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY THOSE 5,687
COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED CODE 5,688
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN INFORMING 5,689
THE PUBLIC OF THE LAWS GOVERNING OPERATION OF A MOTOR VEHICLE 5,690
WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF OPERATION OF 5,691
A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AND OTHER 5,692
137
INFORMATION RELATING TO THE OPERATION OF A MOTOR VEHICLE AND THE 5,693
CONSUMPTION OF ALCOHOLIC BEVERAGES. FOUR HUNDRED FORTY DOLLARS 5,694
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL BE PAID TO 5,695
THE POLITICAL SUBDIVISION THAT PAYS THE COST OF HOUSING THE 5,696
OFFENDER DURING THE OFFENDER'S TERM OF INCARCERATION. THE 5,697
POLITICAL SUBDIVISION SHALL USE THIS SHARE TO PAY OR REIMBURSE 5,699
INCARCERATION OR TREATMENT COSTS IT INCURS IN HOUSING OR
PROVIDING DRUG AND ALCOHOL TREATMENT TO PERSONS WHO VIOLATE 5,701
SECTION 4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY SIMILAR 5,702
MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION INTERLOCK DEVICES AND 5,703
ELECTRONIC HOUSE ARREST EQUIPMENT FOR PERSONS WHO VIOLATE THAT 5,704
SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT OF THE FUND 5,705
THAT PAYS THE COST OF INCARCERATION. THE BALANCE OF THE FINE 5,706
SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS 5,708
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE 5,709
OFFENDER'S NAME OR IN THE NAME OF ANOTHER PERSON, THE COURT, IN 5,711
ADDITION TO THE SANCTIONS IMPOSED UNDER DIVISION (A)(8)(a) OF 5,712
THIS SECTION AND ALL OTHER SANCTIONS PROVIDED BY LAW AND SUBJECT 5,714
TO SECTION 4503.235 OF THE REVISED CODE, SHALL ORDER THE CRIMINAL 5,716
FORFEITURE TO THE STATE OF THE VEHICLE THE OFFENDER WAS OPERATING 5,718
AT THE TIME OF THE OFFENSE. THE ORDER OF CRIMINAL FORFEITURE 5,719
SHALL BE ISSUED AND ENFORCED IN ACCORDANCE WITH SECTION 4503.234 5,720
OF THE REVISED CODE. 5,721
(c) AS USED IN DIVISION (A)(8)(a) OF THIS SECTION, 5,724
"MANDATORY PRISON TERM" AND "MANDATORY TERM OF LOCAL
INCARCERATION" HAVE THE SAME MEANINGS AS IN SECTION 2929.01 OF 5,726
THE REVISED CODE.
(d) IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO AN 5,728
ORDER FOR CRIMINAL FORFEITURE UNDER THIS SECTION IS ASSIGNED OR 5,730
TRANSFERRED AND DIVISION (C)(2) OR (3) OF SECTION 4503.234 OF THE 5,732
REVISED CODE APPLIES, IN ADDITION TO OR INDEPENDENT OF ANY OTHER 5,734
PENALTY ESTABLISHED BY LAW, THE COURT MAY FINE THE OFFENDER THE 5,735
VALUE OF THE VEHICLE AS DETERMINED BY PUBLICATIONS OF THE
138
NATIONAL AUTO DEALER'S ASSOCIATION. THE PROCEEDS FROM ANY FINE 5,736
IMPOSED UNDER THIS DIVISION SHALL BE DISTRIBUTED IN ACCORDANCE 5,737
WITH DIVISION (D)(4) OF SECTION 4503.234 OF THE REVISED CODE. 5,739
(9)(a) Except as provided in division (A)(5)(9)(b) of this 5,742
section, upon a showing that imprisonment would seriously affect 5,743
the ability of an offender sentenced pursuant to division (A)(1), 5,744
(2), (3), or (4), (5), (6), (7), OR (8) of this section to 5,746
continue the offender's employment, the court may authorize that 5,748
the offender be granted work release from imprisonment after the 5,749
offender has served the three, SIX, ten, or TWENTY, thirty, OR 5,751
SIXTY consecutive days of imprisonment or the mandatory term of 5,753
local incarceration of sixty OR ONE HUNDRED TWENTY consecutive 5,754
days that the court is required by division (A)(1), (2), (3), or 5,756
(4), (5), (6), (7), OR (8) of this section to impose. No court 5,759
shall authorize work release from imprisonment during the three, 5,760
SIX, ten, or TWENTY, thirty, OR SIXTY consecutive days of 5,762
imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty OR ONE HUNDRED TWENTY consecutive 5,763
days that the court is required by division (A)(1), (2), (3), or 5,765
(4), (5), (6), (7), OR (8) of this section to impose. The 5,766
duration of the work release shall not exceed the time necessary 5,767
each day for the offender to commute to and from the place of 5,768
employment and the place of imprisonment and the time actually 5,769
spent under employment. 5,770
(b) An offender who is sentenced pursuant to division 5,772
(A)(2) or, (3), (6), OR (7) of this section to a term of 5,774
imprisonment followed by a period of electronically monitored 5,775
house arrest is not eligible for work release from imprisonment, 5,776
but that person shall be permitted work release during the period 5,777
of electronically monitored house arrest. The duration of the 5,778
work release shall not exceed the time necessary each day for the 5,779
offender to commute to and from the place of employment and the 5,780
offender's home or other place specified by the sentencing court 5,781
and the time actually spent under employment. 5,782
139
(6)(10) Notwithstanding any section of the Revised Code 5,784
that authorizes the suspension of the imposition or execution of 5,785
a sentence, the placement of an offender in any treatment program 5,787
in lieu of imprisonment, or the use of a community control 5,788
sanction for an offender convicted of a felony, no court shall 5,789
suspend the ten or, TWENTY, thirty, OR SIXTY consecutive days of 5,791
imprisonment required to be imposed on an offender by division 5,792
(A)(2) or, (3), (6), OR (7) of this section, no court shall place 5,793
an offender who is sentenced pursuant to division (A)(2), (3), or 5,794
(4), (6), (7), OR (8) of this section in any treatment program in 5,796
lieu of imprisonment until after the offender has served the ten 5,798
or, TWENTY, thirty, OR SIXTY consecutive days of imprisonment or 5,800
the mandatory term of local incarceration or mandatory prison 5,801
term of sixty OR ONE HUNDRED TWENTY consecutive days required to 5,802
be imposed pursuant to division (A)(2), (3), or (4), (6), (7), OR 5,804
(8) of this section, no court that sentences an offender under 5,805
division (A)(4) OR (8) of this section shall impose any sanction 5,807
other than a mandatory term of local incarceration or mandatory 5,808
prison term to apply to the offender until after the offender has 5,809
served the mandatory term of local incarceration or mandatory 5,810
prison term of sixty OR ONE HUNDRED TWENTY consecutive days 5,811
required to be imposed pursuant to division (A)(4) OR (8) of this 5,813
section, and no court that imposes a sentence of imprisonment and 5,814
a period of electronically monitored house arrest upon an 5,815
offender under division (A)(2) or, (3), (6), OR (7) of this 5,817
section shall suspend any portion of the sentence or place the 5,818
offender in any treatment program in lieu of imprisonment or 5,819
electronically monitored house arrest. Notwithstanding any 5,820
section of the Revised Code that authorizes the suspension of the 5,821
imposition or execution of a sentence or the placement of an 5,822
offender in any treatment program in lieu of imprisonment, no 5,823
court, except as specifically authorized by division (A)(1) OR 5,824
(5) of this section, shall suspend the three OR MORE consecutive 5,826
days of imprisonment required to be imposed by division (A)(1) OR 5,828
140
(5) of this section or place an offender who is sentenced 5,830
pursuant to division (A)(1) OR (5) of this section in any 5,831
treatment program in lieu of imprisonment until after the 5,832
offender has served the three OR MORE consecutive days of 5,833
imprisonment required to be imposed pursuant to division (A)(1) 5,834
OR (5) of this section. 5,836
(7)(11) No court shall sentence an offender to an alcohol 5,838
treatment program pursuant to division (A)(1), (2), (3), or (4), 5,839
(5), (6), (7), OR (8) of this section unless the treatment 5,841
program complies with the minimum standards adopted pursuant to 5,842
Chapter 3793. of the Revised Code by the director of alcohol and 5,843
drug addiction services. 5,844
(8)(12) No court shall impose the alternative sentence of 5,846
a term of imprisonment of five consecutive days plus not less 5,847
than eighteen consecutive days A TERM of electronically monitored 5,848
house arrest permitted to be imposed by division (A)(2), (3), 5,849
(6), OR (7) of this section, or the alternative sentence of a 5,851
term of imprisonment of fifteen consecutive days plus not less 5,852
than fifty-five consecutive days of electronically monitored 5,853
house arrest permitted to be imposed pursuant to division (A)(3) 5,854
of this section, unless within sixty days of the date of 5,855
sentencing, the court issues a written finding, entered into the 5,856
record, that due to the unavailability of space at the 5,857
incarceration facility where the offender is required to serve 5,858
the term of imprisonment imposed upon the offender, the offender 5,859
will not be able to commence serving the term of imprisonment 5,861
within the sixty-day period following the date of sentencing. If 5,862
the court issues such a WRITTEN finding, the court may impose the 5,863
alternative sentence comprised of a term of imprisonment and a 5,865
term of electronically monitored house arrest permitted to be 5,866
imposed by division (A)(2) or, (3), (6), OR (7) of this section. 5,868
(B) Whoever violates section 4511.192, 4511.251, or 5,870
4511.85 of the Revised Code is guilty of a misdemeanor of the 5,871
first degree. The court, in addition to or independent of all 5,872
141
other penalties provided by law, may suspend for a period not to 5,873
exceed one year the driver's or commercial driver's license or 5,874
permit or nonresident operating privilege of any person who 5,875
pleads guilty to or is convicted of a violation of section 5,876
4511.192 of the Revised Code. 5,877
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 5,879
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 5,880
guilty of one of the following: 5,881
(1) Except as otherwise provided in division (C)(2) of 5,883
this section, a minor misdemeanor. 5,884
(2) If the offender previously has been convicted of or 5,887
pleaded guilty to one or more violations of section 4511.63, 5,888
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 5,889
Revised Code or a municipal ordinance that is substantially 5,890
similar to any of those sections, a misdemeanor of the fourth 5,893
degree.
(D)(1) Whoever violates any provision of sections 4511.01 5,895
to 4511.76 or section 4511.84 of the Revised Code, for which no 5,896
penalty otherwise is provided in this section is guilty of one of 5,897
the following: 5,898
(a) Except as otherwise provided in division (D)(1)(b), 5,901
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor; 5,903
(b) If, within one year of the offense, the offender 5,905
previously has been convicted of or pleaded guilty to one 5,907
violation of any provision of sections 4511.01 to 4511.76 or 5,909
section 4511.84 of the Revised Code for which no penalty 5,910
otherwise is provided in this section or a municipal ordinance 5,912
that is substantially similar to any provision of sections 5,913
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 5,914
which no penalty otherwise is provided in this section, a 5,915
misdemeanor of the fourth degree; 5,917
(c) If, within one year of the offense, the offender 5,919
previously has been convicted of or pleaded guilty to two or more 5,920
violations of any provision described in division (D)(1)(b) of 5,922
142
this section or any municipal ordinance that is substantially 5,923
similar to any of those provisions, a misdemeanor of the third 5,924
degree. 5,925
(2) When any person is found guilty of a first offense for 5,927
a violation of section 4511.21 of the Revised Code upon a finding 5,928
that the person operated a motor vehicle faster than thirty-five 5,930
miles an hour in a business district of a municipal corporation, 5,931
or faster than fifty miles an hour in other portions, or faster 5,932
than thirty-five miles an hour while passing through a school 5,933
zone during recess or while children are going to or leaving 5,934
school during the opening or closing hours, the person is guilty 5,935
of a misdemeanor of the fourth degree. 5,936
(3) Notwithstanding section 2929.21 of the Revised Code, 5,938
upon a finding that such person operated a motor vehicle in a 5,939
construction zone where a sign was then posted in accordance with 5,940
section 4511.98 of the Revised Code, the court, in addition to 5,941
all other penalties provided by law, shall impose a fine of two 5,942
times the usual amount imposed for the violation. No court shall 5,943
impose a fine of two times the usual amount imposed for the 5,944
violation upon an offender who alleges, in an affidavit filed 5,945
with the court prior to the offender's sentencing, that the 5,946
offender is indigent and is unable to pay the fine imposed 5,947
pursuant to this division, provided the court determines the 5,948
offender is an indigent person and is unable to pay the fine. 5,949
(4) Notwithstanding section 2929.21 of the Revised Code, 5,952
upon a finding that a person operated a motor vehicle in 5,953
violation of division (C) of section 4511.213 of the Revised 5,955
Code, the court, in addition to all other penalties provided by 5,956
law, shall impose a fine of two times the usual amount imposed 5,957
for the violation.
(E) Whenever a person is found guilty in a court of record 5,959
of a violation of section 4511.761, 4511.762, or 4511.77 of the 5,960
Revised Code, the trial judge, in addition to or independent of 5,961
all other penalties provided by law, may suspend for any period 5,962
143
of time not exceeding three years, or revoke the license of any 5,963
person, partnership, association, or corporation, issued under 5,964
section 4511.763 of the Revised Code. 5,965
(F) Whoever violates division (E) or (F) of section 5,967
4511.51, division (A), (D), or (E) of section 4511.521, section 5,968
4511.681, division (A) or (C) of section 4511.69, section 5,969
4511.772, or division (A) or (B) of section 4511.82 of the 5,970
Revised Code is guilty of a minor misdemeanor. 5,971
(G) Whoever violates division (A) of section 4511.75 of 5,973
the Revised Code may be fined an amount not to exceed five 5,974
hundred dollars. A person who is issued a citation for a 5,975
violation of division (A) of section 4511.75 of the Revised Code 5,976
is not permitted to enter a written plea of guilty and waive the 5,977
person's right to contest the citation in a trial, but instead 5,978
must appear in person in the proper court to answer the charge. 5,979
(H)(1) Whoever is a resident of this state and violates 5,981
division (A) or (B) of section 4511.81 of the Revised Code shall 5,982
be punished as follows: 5,983
(a) Except as otherwise provided in division (H)(1)(b) of 5,985
this section, the offender is guilty of a minor misdemeanor. 5,987
(b) If the offender previously has been convicted of or 5,989
pleaded guilty to a violation of division (A) or (B) of section 5,990
4511.81 of the Revised Code or of a municipal ordinance that is 5,992
substantially similar to either of those divisions, the offender 5,993
is guilty of a misdemeanor of the fourth degree. 5,994
(2) Whoever is not a resident of this state, violates 5,996
division (A) or (B) of section 4511.81 of the Revised Code, and 5,997
fails to prove by a preponderance of the evidence that the 5,998
offender's use or nonuse of a child restraint system was in 5,999
accordance with the law of the state of which the offender is a 6,001
resident is guilty of a minor misdemeanor on a first offense; on 6,003
a second or subsequent offense, that person is guilty of a 6,004
misdemeanor of the fourth degree. 6,005
(3) Sixty-five per cent of every fine imposed pursuant to 6,007
144
division (H)(1) or (2) of this section shall be forwarded to the 6,008
treasurer of state for deposit in the "child highway safety fund" 6,009
created by division (G) of section 4511.81 of the Revised Code. 6,010
The balance of the fine shall be disbursed as otherwise provided 6,011
by law. 6,012
(I) Whoever violates section 4511.202 of the Revised Code 6,014
is guilty of operating a motor vehicle without being in control 6,015
of it, a minor misdemeanor. 6,016
(J) Whoever violates division (B) of section 4511.74, 6,018
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 6,019
section 4511.83 of the Revised Code is guilty of a misdemeanor of 6,020
the first degree. 6,021
(K) Except as otherwise provided in this division, whoever 6,023
violates division (E) of section 4511.11, division (A) or (C) of 6,024
section 4511.17, or section 4511.18 of the Revised Code is guilty 6,025
of a misdemeanor of the third degree. If a violation of division 6,026
(A) or (C) of section 4511.17 of the Revised Code creates a risk 6,027
of physical harm to any person, the offender is guilty of a 6,028
misdemeanor of the first degree. A violation of division (A) or 6,029
(C) of section 4511.17 of the Revised Code that causes serious 6,030
physical harm to property that is owned, leased, or controlled by 6,031
a state or local authority is a felony of the fifth degree. 6,033
(L) Whoever violates division (H) of section 4511.69 of 6,035
the Revised Code shall be punished as follows: 6,036
(1) Except as otherwise provided in division (L)(2) of 6,039
this section, the offender shall be issued a warning. 6,040
(2) If the offender previously has been convicted of or 6,042
pleaded guilty to a violation of division (H) of section 4511.69 6,043
of the Revised Code or of a municipal ordinance that is 6,044
substantially similar to that division, the offender shall not be 6,045
issued a warning but shall be fined twenty-five dollars for each 6,046
parking location that is not properly marked or whose markings 6,048
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 6,050
145
4511.45 of the Revised Code is guilty of a misdemeanor of the 6,051
fourth degree on a first offense; on a second offense within one 6,052
year after the first offense, the person is guilty of a 6,053
misdemeanor of the third degree; and on each subsequent offense 6,054
within one year after the first offense, the person is guilty of 6,055
a misdemeanor of the second degree. 6,056
(N)(1) Whoever violates division (B) of section 4511.19 of 6,059
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 6,060
(a) Except as otherwise provided in division (N)(1)(b) of 6,063
this section, the offender is guilty of a misdemeanor of the 6,065
fourth degree.
(b) If, within one year of the offense, the offender has 6,067
been convicted of or pleaded guilty to any violation of division 6,068
(A) or (B) of section 4511.19 of the Revised Code, a municipal 6,069
ordinance relating to operating a vehicle while under the 6,070
influence of alcohol, a drug of abuse, or alcohol and a drug of 6,071
abuse, a municipal ordinance relating to operating a vehicle with 6,072
a prohibited concentration of alcohol in the blood, breath, or 6,073
urine, section 2903.04 of the Revised Code in a case in which the 6,074
offender was subject to the sanctions described in division (D) 6,075
of that section, section 2903.06, 2903.07, or 2903.08 of the 6,076
Revised Code or a municipal ordinance that is substantially 6,077
similar to section 2903.07 of the Revised Code in a case in which 6,078
the jury or judge found that the offender was under the influence 6,079
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,080
statute of the United States or of any other state or a municipal 6,082
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 6,083
4511.19 of the Revised Code, the offender is guilty of a 6,084
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 6,086
provided by law, the offender's driver's or commercial driver's 6,087
license or permit or nonresident operating privilege shall be 6,088
146
suspended in accordance with, and for the period of time 6,089
specified in, division (E) of section 4507.16 of the Revised 6,090
Code. 6,091
(O) Whoever violates section 4511.62 of the Revised Code 6,094
is guilty of a misdemeanor of the fourth degree.
(P) Whoever violates division (F)(1)(a) or (b) of section 6,097
4511.69 of the Revised Code is guilty of a misdemeanor and shall 6,100
be fined not less than two hundred fifty nor more than five
hundred dollars, but in no case shall an offender be sentenced to 6,102
any term of imprisonment. 6,103
Arrest or conviction for a violation of division (F)(1)(a) 6,106
or (b) of section 4511.69 of the Revised Code does not constitute 6,108
a criminal record and need not be reported by the person so 6,109
arrested or convicted in response to any inquiries contained in 6,110
any application for employment, license, or other right or 6,111
privilege, or made in connection with the person's appearance as 6,112
a witness. 6,113
Every fine collected under this division shall be paid by 6,115
the clerk of the court to the political subdivision in which the 6,116
violation occurred. Except as provided in this division, the 6,117
political subdivision shall use the fine moneys it receives under 6,118
this division to pay the expenses it incurs in complying with the 6,120
signage and notice requirements contained in division (E) of
section 4511.69 of the Revised Code. The political subdivision 6,121
may use up to fifty per cent of each fine it receives under this 6,122
division to pay the costs of educational, advocacy, support, and 6,123
assistive technology programs for persons with disabilities, and 6,124
for public improvements within the political subdivision that 6,125
benefit or assist persons with disabilities, if governmental 6,126
agencies or nonprofit organizations offer the programs. 6,127
Sec. 5120.032. (A) No later than January 1, 1998, the 6,137
department of rehabilitation and correction shall develop and 6,139
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this 6,140
147
section. The intensive program prisons shall include institutions 6,141
at which imprisonment of the type described in division (B)(2)(a) 6,143
of section 5120.031 of the Revised Code is provided and prisons 6,144
that focus on educational achievement, vocational training, 6,145
alcohol and other drug abuse treatment, community service and 6,146
conservation work, and other intensive regimens or combinations 6,147
of intensive regimens.
(B)(1) Except as provided in division (B)(2) of this 6,150
section, the department may place a prisoner in an intensive 6,151
program prison established pursuant to division (A) of this 6,152
section subject to the approval of the sentencing judge. At 6,153
least three weeks prior to placing a prisoner in an intensive 6,155
program prison, the department shall give notice of the placement 6,156
and of the fact that the judge may disapprove the placement. If 6,157
the judge disapproves the placement, the judge shall notify the 6,158
department of the disapproval within ten days after receipt of 6,159
the notice. If the judge timely disapproves the placement, the
department shall not proceed with it. If the judge does not 6,160
timely disapprove of the placement, the department may proceed 6,161
with plans for it.
The department may reduce the stated prison term of a 6,164
prisoner upon the prisoner's successful completion of a
ninety-day period in an intensive program prison. A prisoner 6,165
whose term has been so reduced shall be required to serve an 6,167
intermediate, transitional type of detention followed by a 6,168
release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 6,169
sanctions, as described in division (B)(2)(b)(ii) of section 6,170
5120.031 of the Revised Code. In either case, the placement 6,171
under post-release control sanctions shall be under terms set by 6,174
the parole board in accordance with section 2967.28 of the 6,175
Revised Code and shall be subject to the provisions of that 6,178
section with respect to a violation of any post-release control 6,180
sanction.
148
(2) A prisoner who is in any of the following categories 6,182
is not eligible to participate in an intensive program prison 6,184
established pursuant to division (A) of this section: 6,185
(a) The prisoner is serving a prison term for aggravated 6,188
murder, murder, or a felony of the first or second degree or a 6,189
comparable offense under the law in effect prior to the effective 6,191
date of this section JULY 1, 1996, or the prisoner previously has 6,192
been imprisoned for aggravated murder, murder, or a felony of the 6,193
first or second degree or a comparable offense under the law in 6,194
effect prior to the effective date of this section JULY 1, 1996. 6,196
(b) The prisoner is serving a mandatory prison term, as 6,198
defined in section 2929.01 of the Revised Code. 6,199
(c) The prisoner is serving a prison term for a felony of 6,201
the third, fourth, or fifth degree that either is a sex offense, 6,202
an offense betraying public trust, or an offense in which the 6,203
prisoner caused or attempted to cause actual physical harm to a 6,204
person, the prisoner is serving a prison term for a comparable 6,205
offense under the law in effect prior to the effective date of 6,206
this section JULY 1, 1996, or the prisoner previously has been 6,207
imprisoned for an offense of that type or a comparable offense 6,208
under the law in effect prior to the effective date of this 6,209
section JULY 1, 1996. 6,210
(d) The prisoner is serving a mandatory prison term in 6,212
prison for a THIRD OR fourth degree felony OMVI offense, as 6,214
defined in section 2929.01 of the Revised Code, that was imposed 6,215
pursuant to division (G)(2) of section 2929.13 of the Revised 6,216
Code.
(C) Upon the implementation of intensive program prisons 6,218
pursuant to division (A) of this section, the department at all 6,219
times shall maintain intensive program prisons sufficient in 6,220
number to reduce the prison terms of at least three hundred fifty 6,221
prisoners who are eligible for reduction of their stated prison 6,222
terms as a result of their completion of a regimen in an
intensive program prison under this section. 6,224
149
Sec. 5120.033. (A) As used in this section, "THIRD DEGREE 6,233
FELONY OMVI OFFENSE" AND "fourth degree felony OMVI offense" has 6,237
HAVE the same meaning MEANINGS as in section 2929.01 of the 6,238
Revised Code. 6,239
(B) Within eighteen months after the effective date of 6,241
this section OCTOBER 17, 1996, the department of rehabilitation 6,243
and correction shall develop and implement intensive program 6,244
prisons for male and female prisoners who are sentenced pursuant 6,245
to division (G)(2) of section 2929.13 of the Revised Code to a 6,246
mandatory prison term for a THIRD OR fourth degree felony OMVI 6,248
offense. The department shall contract pursuant to section 9.06 6,249
of the Revised Code for the private operation and management of 6,250
the initial intensive program prison established under this 6,251
section and may contract pursuant to that section for the private 6,252
operation and management of any other intensive program prison 6,253
established under this section. The intensive program prisons 6,254
established under this section shall include prisons that focus 6,256
on educational achievement, vocational training, alcohol and 6,257
other drug abuse treatment, community service and conservation 6,258
work, and other intensive regimens or combinations of intensive 6,259
regimens.
(C) Except as provided in division (D) of this section, 6,262
the department may place a prisoner who is sentenced to a
mandatory prison term for a THIRD OR fourth degree felony OMVI 6,263
offense in an intensive program prison established pursuant to 6,266
division (B) of this section if the sentencing judge, upon 6,267
notification by the department of its intent to place the 6,268
prisoner in an intensive program prison, does not notify the 6,269
department that the judge disapproves the placement. If the 6,271
stated prison term imposed on a prisoner who is so placed is 6,272
longer than the mandatory prison term that is required to be 6,273
imposed on the prisoner, the department may reduce the stated
prison term upon the prisoner's successful completion of the 6,275
prisoner's mandatory prison term in an intensive program prison.
150
A prisoner whose term has been so reduced shall be required to 6,277
serve an intermediate, transitional type of detention followed by 6,278
a release under post-release control sanctions or, in the
alternative, shall be placed under post-release control 6,279
sanctions, as described in division (B)(2)(b)(ii) of section 6,280
5120.031 of the Revised Code. In either case, the placement 6,281
under post-release control sanctions shall be under terms set by 6,282
the parole board in accordance with section 2967.28 of the 6,283
Revised Code and shall be subject to the provisions of that 6,284
section with respect to a violation of any post-release control 6,285
sanction. Upon the establishment of the initial intensive 6,286
program prison pursuant to division (B) of this section that is 6,287
privately operated and managed by a contractor pursuant to a
contract entered into under section 9.06 of the Revised Code, the 6,289
department shall comply with divisions (G)(2)(a) and (b) of 6,290
section 2929.13 of the Revised Code in placing prisoners in 6,291
intensive program prisons under this section. 6,293
(D) A prisoner who is sentenced to a mandatory prison term 6,295
for a THIRD OR fourth degree felony OMVI offense is not eligible 6,297
to participate in an intensive program prison established under 6,298
division (B) of this section if any of the following applies
regarding the prisoner: 6,299
(1) In addition to the mandatory prison term for the THIRD 6,301
OR fourth degree felony OMVI offense, the prisoner also is 6,304
serving a prison term of a type described in division (B)(2)(a), 6,305
(b), or (c) of section 5120.032 of the Revised Code. 6,306
(2) The prisoner previously has been imprisoned for an 6,309
offense of a type described in division (B)(2)(a) or (c) of 6,310
section 5120.032 of the Revised Code or a comparable offense 6,311
under the law in effect prior to July 1, 1996.
(E) Intensive program prisons established under division 6,313
(B) of this section are not subject to section 5120.032 of the 6,314
Revised Code.
Sec. 5120.161. (A) Except as provided in division (C) of 6,323
151
this section, the department of rehabilitation and correction may 6,324
enter into an agreement with any local authority operating a 6,325
county, multicounty, municipal, municipal-county, or 6,326
multicounty-municipal jail or workhouse, as described in section 6,327
307.93, 341.21, or 753.16 of the Revised Code, for the housing in 6,328
the jail or workhouse operated by the local authority of persons 6,329
who are convicted of or plead guilty to a felony of the fourth or 6,331
fifth degree if the person previously has not been convicted of 6,333
or pleaded guilty to a felony and if the felony is not an offense 6,335
of violence. The agreement shall specify a per diem fee that the 6,336
department shall pay the local authority for each such person 6,337
housed in the jail or workhouse pursuant to the agreement, shall 6,338
set forth any other terms and conditions for the housing of such 6,339
persons in the jail or workhouse, and shall indicate that the 6,340
department, subject to the relevant terms and conditions set 6,341
forth, may designate those persons to be housed at the jail or 6,342
workhouse.
(B) A person designated by the department to be housed in 6,344
a county, multicounty, municipal, municipal-county, or 6,345
multicounty-municipal jail or workhouse that is the subject of an 6,346
agreement entered into under division (A) of this section shall 6,347
be conveyed by the department to that jail or workhouse and shall 6,348
be kept at the jail or workhouse until the person's term of 6,349
imprisonment expires, the person is pardoned, paroled, or placed 6,352
under a post-release control sanction, or the person is
transferred under the laws permitting the transfer of prisoners. 6,353
The department shall pay the local authority that operates the 6,354
jail or workhouse the per diem fee specified in the agreement for 6,355
each such person housed in the jail or workhouse. Each such 6,356
person housed in the jail or workhouse shall be under the direct 6,357
supervision and control of the keeper, superintendent, or other 6,358
person in charge of the jail or workhouse, but shall be 6,359
considered for all other purposes to be within the custody of the 6,360
department of rehabilitation and correction. Section 2967.193 of 6,362
152
the Revised Code and all other provisions of the Revised Code 6,364
that pertain to persons within the custody of the department that 6,365
would not by their nature clearly be inapplicable apply to 6,366
persons housed pursuant to this section.
(C) The department of rehabilitation and correction shall 6,368
not enter into an agreement pursuant to division (A) of this 6,369
section with any local authority unless the jail or workhouse 6,370
operated by the authority complies with the Minimum Standards for 6,371
Jails in Ohio. 6,372
(D) A court that sentences a person for a felony may 6,374
include as the sentence or part of the sentence, in accordance 6,375
with division (A) of section 2929.16 of the Revised Code and 6,376
regardless of whether the jail or workhouse is the subject of an 6,378
agreement entered into under division (A) of this section, a 6,379
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 6,380
offense and the offender previously has not been convicted of a 6,381
fourth degree felony OMVI offense, a sanction that consists of a 6,383
term of up to one year in a jail less the mandatory term of local 6,385
incarceration of sixty OR ONE HUNDRED TWENTY consecutive days 6,387
imposed pursuant to division (G)(1) of section 2929.13 of the 6,388
Revised Code.
(E) "Fourth degree felony OMVI offense" and "mandatory 6,390
term of local incarceration" have the same meanings as in section 6,391
2929.01 of the Revised Code. 6,392
Section 2. That existing sections 2929.01, 2929.13, 6,395
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, 6,397
4511.191, 4511.99, 5120.032, 5120.033, and 5120.161 of the
Revised Code are hereby repealed. 6,399
Section 3. Section 2929.01 of the Revised Code was amended 6,401
by both H.B. 378 and Am. Sub. S.B. 111 of the 122nd General 6,402
Assembly. Comparison of these amendments in pursuance of section 6,403
1.52 of the Revised Code discloses that while certain of the 6,404
153
amendments of these acts are reconcilable, certain other of the 6,405
amendments are substantively irreconcilable. H.B. 378 was passed 6,406
on November 13, 1997; S.B. 111 was passed on November 18, 1997. 6,407
Section 2929.01 of the Revised Code is therefore presented in 6,408
this act as it results from S.B. 111 and such of the amendments 6,409
of H.B. 378 as are not in conflict with the amendments of S.B. 6,410
111. This is in recognition of the principles stated in division 6,411
(B) of section 1.52 of the Revised Code that amendments are to be 6,412
harmonized where not substantively irreconcilable, and that where 6,413
amendments are substantively irreconcilable, the latest amendment 6,414
is to prevail. This section constitutes a legislative finding 6,415
that such harmonized and reconciled section was the resulting
version in effect prior to the effective date of this act. 6,416
Section 4. Sections 2929.15, 2929.17, and 5120.032 of the 6,419
Revised Code are presented in this act as a composite of the 6,420
sections as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 6,421
166 of the 121st General Assembly, with the new language of 6,422
neither of the acts shown in capital letters. Section 2929.19 of 6,423
the Revised Code is presented in this act as a composite of the 6,424
sections as amended by Am. Sub. S.B. 269, Am. Sub. S.B. 166, and 6,425
Am. Sub. H.B. 180 of the 121st General Assembly, with the new 6,426
language of none of the acts shown in capital letters. Section 6,427
2929.41 of the Revised Code is presented in this act as a 6,428
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 6,429
language of neither of the acts shown in capital letters. 6,430
Section 4503.233 of the Revised Code is presented in this act as 6,432
a composite of the section as amended by both Am. Sub. H.B. 353 6,433
and Am. Sub. H.B. 676 of the 121st General Assembly, with the new 6,434
language of neither of the acts shown in capital letters. 6,435
Section 4511.99 of the Revised Code is presented in this act as a 6,437
composite of the section as amended by both Sub. H.B. 86 and Sub. 6,438
H.B. 148 of the 123rd General Assembly, with the new language of 6,439
neither of the acts shown in capital letters. This is in 6,440
154
recognition of the principle stated in division (B) of section 6,441
1.52 of the Revised Code that such amendments are to be 6,442
harmonized where not substantively irreconcilable and constitutes 6,443
a legislative finding that such is the resulting version in 6,444
effect prior to the effective date of this act. 6,445