SENATOR Oelslager

To amend sections 2151.358, 2953.52, 2953.53,

1

4301.638, 4301.69, and 4301.99 of the Revised Code

2

and to repeal section 4301.632 of the Revised Code

3

to generally prohibit an underage person from being

4

under the influence of beer or intoxicating liquor,

5

to revise the prohibitions regarding an underage

6

person ordering, paying for, sharing the cost of,

7

attempting to purchase, or consuming or possessing

8

beer or intoxicating liquor, and to provide a

9

diversion program for persons charged with

10

violating these prohibitions.

11

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2151.358, 2953.52, 2953.53,	12
4301.638, 4301.69, and 4301.99 be amended to read as follows:	13

Sec. 2151.358.  (A) As used in this section, "seal a record"	14
means to remove a record from the main file of similar records and	15
to secure it in a separate file that contains only sealed records	16
and that is accessible only to the juvenile court. A record that	17
is sealed shall be destroyed by all persons and governmental	18
bodies except the juvenile court.	19

(B) The department of youth services and any other	20
institution or facility that unconditionally discharges a person	21
who has been adjudicated a delinquent child, an unruly child, or a	22
juvenile traffic offender shall immediately give notice of the	23
discharge to the court that committed the person. The court shall	24
note the date of discharge on a separate record of discharges of	25
those natures.	26

(C)(1)(a) Two years after the termination of any order made	27
by the court or two years after the unconditional discharge of a	28
person from the department of youth services or another	29
institution or facility to which the person may have been	30
committed, the court that issued the order or committed the person	31
shall do whichever of the following is applicable:	32

(i) If the person was adjudicated an unruly child, order the	33
record of the person sealed;	34

(ii) If the person was adjudicated a delinquent child for	35
committing an act other than a violation of section 2903.01,	36
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was	37
adjudicated a juvenile traffic offender, either order the record	38
of the person sealed or send the person notice of the person's	39
right to have that record sealed.	40

(b) Division (C)(1)(a) of this section does not apply	41
regarding a person who was adjudicated a delinquent child for	42
committing a violation of section 2903.01, 2903.02, 2907.02,	43
2907.03, or 2907.05 of the Revised Code.	44

(2) The court shall send the notice described in division	45
(C)(1)(a)(ii) of this section within ninety days after the	46
expiration of the two-year period described in division (C)(1)(a)	47
of this section by certified mail, return receipt requested, to	48
the person's last known address. The notice shall state that the	49
person may apply to the court for an order to seal the person's	50
record, explain what sealing a record means, and explain the	51
possible consequences of not having the person's record sealed.	52

(D)(1) At any time after the two-year period described in	53
division (C)(1)(a) of this section has elapsed, any person who has	54
been adjudicated a delinquent child for committing an act other	55
than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or	56
2907.05 of the Revised Code or who has been adjudicated a juvenile	57
traffic offender may apply to the court for an order to seal the	58
person's record. The court shall hold a hearing on each	59
application within sixty days after the application is received.	60
Notice of the hearing on the application shall be given to the	61
prosecuting attorney and to any other public office or agency	62
known to have a record of the prior adjudication. If the court	63
finds that the rehabilitation of the person who was adjudicated a	64
delinquent child or a juvenile traffic offender has been attained	65
to a satisfactory degree, the court may order the record of the	66
person sealed.	67

(2) Division (D)(1) of this section does not apply regarding	68
a person who was adjudicated a delinquent child for committing a	69
violation of section 2903.01, 2903.02, 2907.02, 2907.03, or	70
2907.05 of the Revised Code.	71

(3) If a child who was charged with violating division	72
(E)(1) of section 4301.69 of the Revised Code successfully	73
completes a diversion program under division (E)(2)(a) of section	74
4301.69 of the Revised Code with respect to that charge, the court	75
shall order the person's record in that case sealed.	76

(E)(1) If the court orders the adjudication record or other	77
record of a person sealed pursuant to division (C) or (D) of this	78
section, the court, except as provided in division (K) of this	79
section, shall order that the proceedings in the case in which the	80
person was adjudicated a juvenile traffic offender, a delinquent	81
child, or an unruly child, or in which the person was the subject	82
of a complaint alleging the person to have violated division	83
(E)(1) of section 4301.69 of the Revised Code, be deemed never to	84
have occurred. Except as provided in division (G)(2) of this	85
section, all index references to the case and the person shall be	86
deleted, and the person and the court properly may reply that no	87
record exists with respect to the person upon any inquiry in the	88
matter.	89

(2) Inspection of records that have been ordered sealed	90
under division (E)(1) of this section may be made only by the	91
following persons or for the following purposes:	92

(a) If the records in question pertain to an act that would	93
be an offense of violence that would be a felony if committed by	94
an adult, by any law enforcement officer or any prosecutor, or the	95
assistants of a law enforcement officer or prosecutor, for any	96
valid law enforcement or prosecutorial purpose;	97

(b) Upon application by the person who is the subject of the	98
sealed records, by the persons that are named in that application;	99

(c) If the records in question pertain to an alleged	100
violation of division (E)(1) of section 4301.69 of the Revised	101
Code, by any law enforcement officer or any prosecutor, or the	102
assistants of a law enforcement officer or prosecutor, for the	103
purpose of determining whether the person is eligible for	104
diversion under division (E)(2) of section 4301.69 of the Revised	105
Code.	106

(F) Any person who has been arrested and charged with being	107
a delinquent child or a juvenile traffic offender and who is	108
adjudicated not guilty of the charges in the case or has the	109
charges in the case dismissed may apply to the court for an	110
expungement of the record in the case. The application may be	111
filed at any time after the person is adjudicated not guilty or	112
the charges against the person are dismissed. The court shall	113
give notice to the prosecuting attorney of any hearing on the	114
application. The court may initiate the expungement proceedings	115
on its own motion.	116

Any person who has been arrested and charged with being an	117
unruly child and who is adjudicated not guilty of the charges in	118
the case or has the charges in the case dismissed may apply to the	119
court for an expungement of the record in the case. The court	120
shall initiate the expungement proceedings on its own motion if an	121
application for expungement is not filed.	122

If the court upon receipt of an application for expungement	123
or upon its own motion determines that the charges against any	124
person in any case were dismissed or that any person was	125
adjudicated not guilty in any case, the court shall order that the	126
records of the case be expunged and that the proceedings in the	127
case be deemed never to have occurred. If the applicant for the	128
expungement order, with the written consent of the applicant's	129
parents or guardian if the applicant is a minor and with the	130
written approval of the court, waives in writing the applicant's	131
right to bring any civil action based on the arrest for which the	132
expungement order is applied, the court shall order the	133
appropriate persons and governmental agencies to delete all index	134
references to the case; destroy or delete all court records of the	135
case; destroy all copies of any pictures and fingerprints taken of	136
the person pursuant to the expunged arrest; and destroy, erase, or	137
delete any reference to the arrest that is maintained by the state	138
or any political subdivision of the state, except a record of the	139
arrest that is maintained for compiling statistical data and that	140
does not contain any reference to the person.	141

If the applicant for an expungement order does not waive in	142
writing the right to bring any civil action based on the arrest	143
for which the expungement order is applied, the court, in addition	144
to ordering the deletion, destruction, or erasure of all index	145
references and court records of the case and of all references to	146
the arrest that are maintained by the state or any political	147
subdivision of the state, shall order that a copy of all records	148
of the case, except fingerprints held by the court or a law	149
enforcement agency, be delivered to the court. The court shall	150
seal all of the records delivered to the court in a separate file	151
in which only sealed records are maintained. The sealed records	152
shall be kept by the court until the statute of limitations	153
expires for any civil action based on the arrest, any pending	154
litigation based on the arrest is terminated, or the applicant	155
files a written waiver of the right to bring a civil action based	156
on the arrest. After the expiration of the statute of	157
limitations, the termination of the pending litigation, or the	158
filing of the waiver, the court shall destroy the sealed records.	159

After the expungement order has been issued, the court shall,	160
and the person may properly, reply that no record of the case with	161
respect to the person exists.	162

(G)(1) The court shall send notice of the order to expunge	163
or seal to any public office or agency that the court has reason	164
to believe may have a record of the expunged or sealed record.	165
Except as provided in division (K) of this section, an order to	166
seal or expunge under this section applies to every public office	167
or agency that has a record of the prior adjudication or arrest,	168
regardless of whether it receives notice of the hearing on the	169
expungement or sealing of the record or a copy of the order to	170
expunge or seal the record. Except as provided in division (K) of	171
this section, upon the written request of a person whose record	172
has been expunged and the presentation of a copy of the order to	173
expunge, a public office or agency shall destroy its record of the	174
prior adjudication or arrest, except a record of the adjudication	175
or arrest that is maintained for compiling statistical data and	176
that does not contain any reference to the person who is the	177
subject of the order to expunge.	178

(2) The person, or the public office or agency, that	179
maintains sealed records pertaining to an adjudication of a child	180
as a delinquent child may maintain a manual or computerized index	181
to the sealed records. The index shall contain only the name of,	182
and alphanumeric identifiers that relate to, the persons who are	183
the subject of the sealed records, the word "sealed," and the name	184
of the person, or the public office or agency that has custody of	185
the sealed records and shall not contain the name of the	186
delinquent act committed. The person who has custody of the	187
sealed records shall make the index available only for the	188
purposes set forth in divisions (E)(2) and (H) of this section.	189

(H) The judgment rendered by the court under this chapter	190
shall not impose any of the civil disabilities ordinarily imposed	191
by conviction of a crime in that the child is not a criminal by	192
reason of the adjudication and no child shall be charged with or	193
convicted of a crime in any court except as provided by this	194
chapter. The disposition of a child under the judgment rendered	195
or any evidence given in court shall not operate to disqualify a	196
child in any future civil service examination, appointment, or	197
application. Evidence of a judgment rendered and the disposition	198
of a child under the judgment is not admissible to impeach the	199
credibility of the child in any action or proceeding. Otherwise,	200
the disposition of a child under the judgment rendered or any	201
evidence given in court is admissible as evidence for or against	202
the child in any action or proceeding in any court in accordance	203
with the Rules of Evidence and also may be considered by any court	204
as to the matter of sentence or to the granting of probation, and	205
a court may consider the judgment rendered and the disposition of	206
a child under that judgment for purposes of determining whether	207
the child, for a future criminal conviction or guilty plea, is a	208
repeat violent offender, as defined in section 2929.01 of the	209
Revised Code.	210

(I) In any application for employment, license, or other	211
right or privilege, any appearance as a witness, or any other	212
inquiry, a person may not be questioned with respect to any arrest	213
for which the records were expunged. If an inquiry is made in	214
violation of this division, the person may respond as if the	215
expunged arrest did not occur, and the person shall not be subject	216
to any adverse action because of the arrest or the response.	217

(J) An officer or employee of the state or any of its	218
political subdivisions who knowingly releases, disseminates, or	219
makes available for any purpose involving employment, bonding,	220
licensing, or education to any person or to any department,	221
agency, or other instrumentality of the state or of any of its	222
political subdivisions any information or other data concerning	223
any arrest, complaint, indictment, information, trial, hearing,	224
adjudication, or correctional supervision, the records of which	225
have been expunged or sealed pursuant to this section and the	226
release, dissemination, or making available of which is not	227
expressly permitted by this section, is guilty of divulging	228
confidential information, a misdemeanor of the fourth degree.	229

(K) Notwithstanding any provision of this section that	230
requires otherwise, a board of education of a city, local,	231
exempted village, or joint vocational school district that	232
maintains records of an individual who has been permanently	233
excluded under sections 3301.121 and 3313.662 of the Revised Code	234
is permitted to maintain records regarding an adjudication that	235
the individual is a delinquent child that was used as the basis	236
for the individual's permanent exclusion, regardless of a court	237
order to seal the record. An order issued under this section to	238
seal the record of an adjudication that an individual is a	239
delinquent child does not revoke the adjudication order of the	240
superintendent of public instruction to permanently exclude the	241
individual who is the subject of the sealing order. An order	242
issued under this section to seal the record of an adjudication	243
that an individual is a delinquent child may be presented to a	244
district superintendent as evidence to support the contention that	245
the superintendent should recommend that the permanent exclusion	246
of the individual who is the subject of the sealing order be	247
revoked. Except as otherwise authorized by this division and	248
sections 3301.121 and 3313.662 of the Revised Code, any school	249
employee in possession of or having access to the sealed	250
adjudication records of an individual that were the basis of a	251
permanent exclusion of the individual is subject to division (J)	252
of this section.	253

Sec. 2953.52.  (A)(1) Any person, who is found not guilty of	254
an offense by a jury or a court or who is the defendant named in a	255
dismissed complaint, indictment, or information, may apply to the	256
court for an order to seal his official records in the case.	257
Except as provided in section 2953.61 of the Revised Code, the	258
application may be filed at any time after the finding of not	259
guilty or the dismissal of the complaint, indictment, or	260
information is entered upon the minutes of the court or the	261
journal, whichever entry occurs first.	262

(2) Any person, against whom a no bill is entered by a grand	263
jury, may apply to the court for an order to seal his official	264
records in the case. Except as provided in section 2953.61 of the	265
Revised Code, the application may be filed at any time after the	266
expiration of two years after the date on which the foreman or	267
deputy foreman of the grand jury reports to the court that the	268
grand jury has reported a no bill.	269

(B)(1) Upon the filing of an application pursuant to	270
division (A) of this section, the court shall set a date for a	271
hearing and shall notify the prosecutor in the case of the hearing	272
on the application. The prosecutor may object to the granting of	273
the application by filing an objection with the court prior to the	274
date set for the hearing. The prosecutor shall specify in the	275
objection the reasons he believes justify a denial of the	276
application.	277

(2) The court shall do each of the following:

278

(a) Determine whether the person was found not guilty in the	279
case, or the complaint, indictment, or information in the case was	280
dismissed, or a no bill was returned in the case and a period of	281
two years or a longer period as required by section 2953.61 of the	282
Revised Code has expired from the date of the report to the court	283
of that no bill by the foreman or deputy foreman of the grand	284
jury;	285

(b) Determine whether criminal proceedings are pending	286
against the person;	287

(c) If the prosecutor has filed an objection in accordance	288
with division (B)(1) of this section, consider the reasons against	289
granting the application specified by the prosecutor in the	290
objection;	291

(d) Weigh the interests of the person in having the official	292
records pertaining to the case sealed against the legitimate	293
needs, if any, of the government to maintain those records.	294

(3) If the court determines, after complying with division	295
(B)(2) of this section, that the person was found not guilty in	296
the case, that the complaint, indictment, or information in the	297
case was dismissed, or that a no bill was returned in the case and	298
that the appropriate period of time has expired from the date of	299
the report to the court of the no bill by the foreman or deputy	300
foreman of the grand jury; that no criminal proceedings are	301
pending against the person; and the interests of the person in	302
having the records pertaining to the case sealed are not	303
outweighed by any legitimate governmental needs to maintain such	304
records, or if division (E)(2)(b) of section 4301.69 of the	305
Revised Code applies, the court shall issue an order directing	306
that all official records pertaining to the case be sealed and	307
that, except as provided in section 2953.53 of the Revised Code,	308
the proceedings in the case be deemed not to have occurred.	309

Sec. 2953.53.  (A) The court shall send notice of any order	310
to seal official records issued pursuant to section 2953.52 of the	311
Revised Code to any public office or agency that the court knows	312
or has reason to believe may have any record of the case, whether	313
or not it is an official record, that is the subject of the order.	314
The notice shall be sent by certified mail, return receipt	315
requested.	316

(B) A person whose official records have been sealed	317
pursuant to an order issued pursuant to section 2953.52 of the	318
Revised Code may present a copy of that order and a written	319
request to comply with it, to a public office or agency that has a	320
record of the case that is the subject of the order.	321

(C) An order to seal official records issued pursuant to	322
section 2953.52 of the Revised Code applies to every public office	323
or agency that has a record of the case that is the subject of the	324
order, regardless of whether it receives notice of the hearing on	325
the application for the order to seal the official records or	326
receives a copy of the order to seal the official records pursuant	327
to division (A) or (B) of this section.	328

(D) Upon receiving a copy of an order to seal official	329
records pursuant to division (A) or (B) of this section or upon	330
otherwise becoming aware of an applicable order to seal official	331
records issued pursuant to section 2953.52 of the Revised Code, a	332
public office or agency shall comply with the order and, if	333
applicable, with the provisions of section 2953.54 of the Revised	334
Code, except that it may maintain a record of the case that is the	335
subject of the order if the record is maintained for the purpose	336
of compiling statistical data only and does not contain any	337
reference to the person who is the subject of the case and the	338
order.	339

A public office or agency also may maintain an index of	340
sealed official records, in a form similar to that for sealed	341
records of conviction as set forth in division (F) of section	342
2953.32 of the Revised Code, access to which may not be afforded	343
to any person other than the person who has custody of the sealed	344
official records. The sealed official records to which such an	345
index pertains shall not be available to any person, except that	346
the official records of a case that have been sealed may be made	347
available to the following persons for the following purposes:	348

(1) To the person who is the subject of the records upon	349
written application, and to any other person named in the	350
application, for any purpose;	351

(2) To a law enforcement officer who was involved in the	352
case, for use in the officer's defense of a civil action arising	353
out of the officer's involvement in that case;	354

(3) To a prosecuting attorney or histhe prosecuting	355
attorney's assistants to determine a defendant's eligibility to	356
enter a pre-trial diversion program established pursuant to	357
section 2935.36 of the Revised Code;	358

(4) To a prosecuting attorney or the prosecuting attorney's	359
assistants to determine a defendant's eligibility to enter a	360
pre-trial diversion program under division (E)(2)(b) of section	361
4301.69 of the Revised Code.	362

Sec. 4301.638.  Sections 4301.6324301.633 to 4301.637 of the	363
Revised Code shall not be deemed to modify or affect division (A)	364
of section 4301.22 or section 4301.69 of the Revised Code.	365

Sec. 4301.69.  (A) Except as otherwise provided in this	366
chapter, no person shall sell beer or intoxicating liquor to an	367
underage person, shall buy beer or intoxicating liquor for an	368
underage person, or shall furnish it to an underage person, unless	369
given by a physician in the regular line of the physician's	370
practice or given for established religious purposes or unless the	371
underage person is accompanied by a parent, spouse who is not an	372
underage person, or legal guardian.	373

In proceedings before the liquor control commission, no	374
permit holder, or the employee or agent of a permit holder,	375
charged with a violation of this division shall be charged, for	376
the same offense, with a violation of division (A)(1) of section	377
4301.22 of the Revised Code.	378

(B) No person who is the owner or occupant of any public or	379
private place shall knowingly allow any underage person to remain	380
in or on the place while possessing or consuming beer or	381
intoxicating liquor, unless the intoxicating liquor or beer is	382
given to the person possessing or consuming it by that person's	383
parent, spouse who is not an underage person, or legal guardian	384
and the parent, spouse who is not an underage person, or legal	385
guardian is present at the time of the person's possession or	386
consumption of the beer or intoxicating liquor.	387

An owner of a public or private place is not liable for acts	388
or omissions in violation of this division that are committed by a	389
lessee of that place, unless the owner authorizes or acquiesces in	390
the lessee's acts or omissions.	391

(C) No person shall engage or use accommodations at a hotel,	392
inn, cabin, campground, or restaurant when the person knows or has	393
reason to know either of the following:	394

(1) That beer or intoxicating liquor will be consumed by an	395
underage person on the premises of the accommodations that the	396
person engages or uses, unless the person engaging or using the	397
accommodations is the spouse of the underage person and who is not	398
an underage person, or is the parent or legal guardian of all of	399
the underage persons, who consume beer or intoxicating liquor on	400
the premises and that person is on the premises at all times when	401
beer or intoxicating liquor is being consumed by an underage	402
person;	403

(2) That a drug of abuse will be consumed on the premises of	404
the accommodations by any person, except a person who obtained the	405
drug of abuse pursuant to a prescription issued by a licensed	406
health professional authorized to prescribe drugs and has the drug	407
of abuse in the original container in which it was dispensed to	408
the person.	409

(D)(1) No person is required to permit the engagement of	410
accommodations at any hotel, inn, cabin, or campground by an	411
underage person or for an underage person, if the person engaging	412
the accommodations knows or has reason to know that the underage	413
person is intoxicated, or that the underage person possesses any	414
beer or intoxicating liquor and is not accompanied by a parent,	415
spouse who is not an underage person, or legal guardian who is or	416
will be present at all times when the beer or intoxicating liquor	417
is being consumed by the underage person.	418

(2) No underage person shall knowingly engage or attempt to	419
engage accommodations at any hotel, inn, cabin, or campground by	420
presenting identification that falsely indicates that the underage	421
person is twenty-one years of age or older for the purpose of	422
violating this section.	423

(E)(1) No underage person shall knowingly order, pay for,	424
share the cost of, attempt to purchase, possess, or consume any	425
beer or intoxicating liquor, in any public or private place,	426
unless. No underage person shall knowingly be under the influence	427
of any beer or intoxicating liquor in any public place. The	428
prohibitions set forth in division (E)(1) of this section against	429
an underage person knowingly possessing, consuming, or being under	430
the influence of any beer or intoxicating liquor shall not apply	431
if the underage person is accompanied by a parent, spouse who is	432
not an underage person, or legal guardian, or unless the beer or	433
intoxicating liquor is given by a physician in the regular line of	434
the physician's practice or given for established religious	435
purposes.	436

(2)(a) If a person is charged with violating division (E)(1)	437
of this section in a complaint filed under section 2151.27 of the	438
Revised Code, the court may order the child into a diversion	439
program specified by the court and hold the complaint in abeyance	440
pending successful completion of the diversion program. A child	441
is ineligible to enter into a diversion program under division	442
(E)(2)(a) of this section if the child previously has been	443
diverted pursuant to division (E)(2)(a) of this section. If the	444
child completes the diversion program to the satisfaction of the	445
court, the court shall dismiss the complaint and order the child's	446
record in the case sealed under division (D)(3) of section	447
2151.358 of the Revised Code. If the child fails to	448
satisfactorily complete the diversion program, the court shall	449
proceed with the complaint.	450

(b) If a person is charged in a criminal complaint with	451
violating division (E)(1) of this section, section 2935.36 of the	452
Revised Code shall apply to the offense, except that a person is	453
ineligible for diversion under that section if the person	454
previously has been diverted pursuant to division (E)(2)(a) or (b)	455
of this section. If the person completes the diversion program to	456
the satisfaction of the court, the court shall dismiss the	457
complaint and order the record in the case sealed under section	458
2953.52 of the Revised Code. If the person fails to	459
satisfactorily complete the diversion program, the court shall	460
proceed with the complaint.	461

(F) No parent, spouse who is not an underage person, or	462
legal guardian of a minor shall knowingly permit the minor to	463
violate this section or section 4301.63, 4301.632, 4301.633, or	464
4301.634 of the Revised Code.	465

(G) The operator of any hotel, inn, cabin, or campground	466
shall make the provisions of this section available in writing to	467
any person engaging or using accommodations at the hotel, inn,	468
cabin, or campground.	469

(H) As used in this section:

470

(1) "Drug of abuse" has the same meaning as in section	471
3719.011 of the Revised Code.	472

(2) "Hotel" has the same meaning as in section 3731.01 of	473
the Revised Code.	474

(3) "Licensed health professional authorized to prescribe	475
drugs" and "prescription" have the same meanings as in section	476
4729.01 of the Revised Code.	477

(4) "Minor" means a person under the age of eighteen years.

478

(5) "Underage person" means a person under the age of	479
twenty-one years.	480

Sec. 4301.99.  (A) Whoever violates section 4301.47,	481
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section	482
4301.691 of the Revised Code is guilty of a minor misdemeanor.	483

(B) Whoever violates section 4301.15, division (A)(2) or (D)	484
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)	485
of section 4301.631, or section 4301.64 or 4301.67 of the Revised	486
Code is guilty of a misdemeanor of the fourth degree.	487

If an offender who violates section 4301.64 of the Revised	488
Code was under the age of eighteen years at the time of the	489
offense, the court, in addition to any other penalties it imposes	490
upon the offender, shall suspend the offender's temporary	491
instruction permit, probationary driver's license, or driver's	492
license for a period of six months. If the offender is fifteen	493
years and six months of age or older and has not been issued a	494
temporary instruction permit or probationary driver's license, the	495
offender shall not be eligible to be issued such a license or	496
permit for a period of six months. If the offender has not	497
attained the age of fifteen years and six months, the offender	498
shall not be eligible to be issued a temporary instruction permit	499
until the offender attains the age of sixteen years.	500

(C) Whoever violates division (D) of section 4301.21, or	501
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.632, 4301.633,	502
4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E)(1), or	503
(F) of section 4301.69 of the Revised Code, or division (C), (D),	504
(E), (F), (G), or (I) of section 4301.691 of the Revised Code is	505
guilty of a misdemeanor of the first degree.	506

If an offender who violates division (E)(1) of section	507
4301.6324301.69 of the Revised Code was under the age of eighteen	508
years at the time of the offense and the offense occurred while	509
the offender was the operator of or a passenger in a motor	510
vehicle, the court, in addition to any other penalties it imposes	511
upon the offender, shall suspend the offender's temporary	512
instruction permit or probationary driver's license for a period	513
of six months. If the offender is fifteen years and six months of	514
age or older and has not been issued a temporary instruction	515
permit or probationary driver's license, the offender shall not be	516
eligible to be issued such a license or permit for a period of six	517
months. If the offender has not attained the age of fifteen years	518
and six months, the offender shall not be eligible to be issued a	519
temporary instruction permit until the offender attains the age of	520
sixteen years.	521

(D) Whoever violates division (B) of section 4301.14, or	522
division (A)(1) or (3), (B), or (C) of section 4301.22 of the	523
Revised Code is guilty of a misdemeanor of the third degree.	524

(E) Whoever violates section 4301.63 or division (B) of	525
section 4301.631 of the Revised Code shall be fined not less than	526
twenty-five nor more than one hundred dollars. The court imposing	527
a fine for a violation of section 4301.63 or division (B) of	528
section 4301.631 of the Revised Code may order that the fine be	529
paid by the performance of public work at a reasonable hourly rate	530
established by the court. The court shall designate the time	531
within which the public work shall be completed.	532

(F)(1) Whoever violates section 4301.634 of the Revised Code	533
is guilty of a misdemeanor of the first degree. If, in committing	534
a first violation of that section, the offender presented to the	535
permit holder or the permit holder's employee or agent a false,	536
fictitious, or altered identification card, a false or fictitious	537
driver's license purportedly issued by any state, or a driver's	538
license issued by any state that has been altered, the offender is	539
guilty of a misdemeanor of the first degree and shall be fined not	540
less than two hundred fifty and not more than one thousand	541
dollars, and may be sentenced to a term of imprisonment of not	542
more than six months.	543

(2) On a second violation in which, for the second time, the	544
offender presented to the permit holder or the permit holder's	545
employee or agent a false, fictitious, or altered identification	546
card, a false or fictitious driver's license purportedly issued by	547
any state, or a driver's license issued by any state that has been	548
altered, the offender is guilty of a misdemeanor of the first	549
degree and shall be fined not less than five hundred nor more than	550
one thousand dollars, and may be sentenced to a term of	551
imprisonment of not more than six months. The court also may	552
suspend the offender's driver's or commercial driver's license or	553
permit or nonresident operating privilege or deny the offender the	554
opportunity to be issued a driver's or commercial driver's license	555
for a period not exceeding sixty days.	556

(3) On a third or subsequent violation in which, for the	557
third or subsequent time, the offender presented to the permit	558
holder or the permit holder's employee or agent a false,	559
fictitious, or altered identification card, a false or fictitious	560
driver's license purportedly issued by any state, or a driver's	561
license issued by any state that has been altered, the offender is	562
guilty of a misdemeanor of the first degree and shall be fined not	563
less than five hundred nor more than one thousand dollars, and may	564
be sentenced to a term of imprisonment of not more than six	565
months. The court also shall suspend the offender's driver's or	566
commercial driver's license or permit or nonresident operating	567
privilege or deny the offender the opportunity to be issued a	568
driver's or commercial driver's license for a period of ninety	569
days, and the court may order that the suspension or denial remain	570
in effect until the offender attains the age of twenty-one years.	571
The court also may order the offender to perform a determinate	572
number of hours of community service, with the court determining	573
the actual number of hours and the nature of the community service	574
the offender shall perform.	575

(G) Whoever violates section 4301.636 of the Revised Code is	576
guilty of a felony of the fifth degree.	577

(H) Whoever violates division (A)(1) of section 4301.22 of	578
the Revised Code is guilty of a misdemeanor, shall be fined not	579
less than five hundred and not more than one thousand dollars,	580
and, in addition to the fine, may be imprisoned for a definite	581
term of not more than sixty days.	582

(I) Whoever violates division (A) of section 4301.69 or	583
division (H) of section 4301.691 of the Revised Code is guilty of	584
a misdemeanor, shall be fined not less than five hundred and not	585
more than one thousand dollars, and, in addition to the fine, may	586
be imprisoned for a definite term of not more than six months.	587

Section 2. That existing sections 2151.358, 2953.52, 2953.53,	588
4301.638, 4301.69, and 4301.99 and section 4301.632 of the Revised	589
Code are hereby repealed.	590