REPRESENTATIVES Latta, McGregor, Seitz, Fessler, Womer Benjamin, Willamowski, Gilb, Schmidt, Cirelli, Perry, Salerno, D. Miller

To amend sections 1.05, 109.42, 109.511, 109.77,

1

120.06, 120.16, 120.26, 149.43, 306.352, 311.04,

2

321.44, 505.49, 509.01, 511.232, 737.052, 737.162,

3

737.41, 1501.013, 1503.29, 1517.10, 1531.132,

4

1541.11, 1545.13, 1547.523, 1547.99, 1702.80,

5

1713.50, 2152.02, 2152.19, 2152.20, 2301.03,

6

2301.27, 2301.28, 2301.30, 2301.32, 2305.234,

7

2903.13, 2905.12, 2907.15, 2907.27, 2919.22,

8

2923.14, 2925.11, 2929.01, 2929.17, 2929.18,

9

2929.19, 2929.221, 2929.25, 2929.28, 2929.31,

10

2935.33, 2937.07, 2945.17, 2947.06, 2947.21,

11

2949.111, 2950.01, 2950.99, 2951.01, 2951.011,

12

2951.02, 2951.021, 2951.041, 2951.05, 2951.06,

13

2951.07, 2951.08, 2951.10, 2953.31, 2953.32,

14

2953.33, 2961.01, 2963.01, 2963.11, 2963.20,

15

2963.21, 2967.02, 2967.22, 2967.26, 2969.11,

16

2969.12, 2969.13, 2969.14, 3313.65, 3321.38,

17

3345.04, 3719.12, 3719.121, 3719.70, 3734.44,

18

3735.311, 3748.99, 3793.13, 3937.43, 3959.13,

19

4507.021, 4507.022, 4507.16, 4507.99, 4511.83,

20

4511.99, 4717.05, 4734.35, 4761.13, 4973.171,

21

5101.28, 5101.45, 5119.14, 5120.10, 5120.102,

22

5120.103, 5120.56, 5122.01, 5122.10, 5122.21,

23

5122.26, 5123.13, 5147.12, 5147.30, 5149.03,

24

5149.18, 5149.31, 5321.01, 5502.14, 5743.45,

25

5907.021, and 6101.75; to amend, for the purpose of

26

adopting new section numbers as indicated in

27

parentheses, sections 2929.221 (2929.36), 2929.24

28

(2929.42), 2929.25 (2929.32), 2929.28 (2929.71),

29

and 2929.29 (2929.43); to enact new sections

30

2929.21, 2929.22, 2929.23, 2929.24, 2929.25, and

31

2929.28 and sections 1905.033, 2929.26, and

32

2929.27; and to repeal sections 737.30, 737.99,

33

2929.21, 2929.22, 2929.23, 2929.51, 2933.16, and

34

2951.09 of the Revised Code to implement the

35

recommendations of the Criminal Sentencing

36

Commission pertaining to misdemeanor sentencing

37

generally and to make other changes in the criminal

38

law.

39

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

Section 1.  That sections 1.05, 109.42, 109.511, 109.77,	40
120.06, 120.16, 120.26, 149.43, 306.352, 311.04, 321.44, 505.49,	41
509.01, 511.232, 737.052, 737.162, 737.41, 1501.013, 1503.29,	42
1517.10, 1531.132, 1541.11, 1545.13, 1547.523, 1547.99, 1702.80,	43
1713.50, 2152.02, 2152.19, 2152.20, 2301.03, 2301.27, 2301.28,	44
2301.30, 2301.32, 2305.234, 2903.13, 2905.12, 2907.15, 2907.27,	45
2919.22, 2923.14, 2925.11, 2929.01, 2929.17, 2929.18, 2929.19,	46
2929.221, 2929.25, 2929.28, 2929.31, 2935.33, 2937.07, 2945.17,	47
2947.06, 2947.21, 2949.111, 2950.01, 2950.99, 2951.01, 2951.011,	48
2951.02, 2951.021, 2951.041, 2951.05, 2951.06, 2951.07, 2951.08,	49
2951.10, 2953.31, 2953.32, 2953.33, 2961.01, 2963.01, 2963.11,	50
2963.20, 2963.21, 2967.02, 2967.22, 2967.26, 2969.11, 2969.12,	51
2969.13, 2969.14, 3313.65, 3321.38, 3345.04, 3719.12, 3719.121,	52
3719.70, 3734.44, 3735.311, 3748.99, 3793.13, 3937.43, 3959.13,	53
4507.021, 4507.022, 4507.16, 4507.99, 4511.83, 4511.99, 4717.05,	54
4734.35, 4761.13, 4973.171, 5101.28, 5101.45, 5119.14, 5120.10,	55
5120.102, 5120.103, 5120.56, 5122.01, 5122.10, 5122.21, 5122.26,	56
5123.13, 5147.12, 5147.30, 5149.03, 5149.18, 5149.31, 5321.01,	57
5502.14, 5743.45, 5907.021, and 6101.75 be amended; sections	58
2929.221 (2929.36), 2929.24 (2929.42), 2929.25 (2929.32), 2929.28	59
(2929.71), and 2929.29 (2929.43) be amended for the purpose of	60
adopting new section numbers as indicated in parentheses; and new	61
sections 2929.21, 2929.22, 2929.23, 2929.24, 2929.25, and 2929.28	62
and sections 1905.033, 2929.26, and 2929.27 of the Revised Code be	63
enacted to read as follows:	64

Sec. 1.05.  As used in the Revised Code, unless the context	65
otherwise requires, "imprisoned" means:	66

(A) Imprisoned in a county, multicounty, municipal,	67
municipal-county, or multicounty-municipal jail or workhouse, if	68
the offense is a misdemeanor;	69

(B) Imprisoned in a state correctional institution, if the	70
offense is aggravated murder, murder, or an offense punishable by	71
life imprisonment or if the offense is another felony for which	72
the offender is sentenced to prison pursuant to section 2929.14 or	73
division (G)(2) of section 2929.13 of the Revised Code;	74

(C) Imprisoned in a county, multicounty, municipal,	75
municipal-county, or multicounty-municipal jail or workhouse	76
pursuant to section 2929.16 of the Revised Code if the offense is	77
a felony or imprisoned in a county, multicounty, municipal,	78
municipal-county, or multicounty-municipal jail or workhouse	79
pursuant to section 5120.161 of the Revised Code if the offense is	80
a felony of the fourth or fifth degree and is committed by a	81
person who previously has not been convicted of or pleaded guilty	82
to a felony, if the offense is not an offense of violence, and if	83
the department of rehabilitation and correction designates,	84
pursuant to that section, that the person is to be imprisoned in	85
the jail or workhouse;	86

(D)(1) Serving a term in a community-based correctional	87
facility pursuant to section 2929.16 of the Revised Code and	88
consistent with sections 2301.51 to 2301.56 of the Revised Code	89
and the rules of the division of parole and community services,	90
the department of rehabilitation and correction, and the	91
facility's judicial corrections board adopted pursuant to section	92
2301.52 of the Revised Code;	93

(2) Serving a term in a halfway house or an alternative a	94
facility pursuant to of a type described in section 2929.16 or	95
division (G)(1) of section 2929.13 of the Revised Code and	96
consistent with section 2967.14 of the Revised Code and the rules	97
of the division of parole and community services and of the	98
director of rehabilitation and correction adopted pursuant to that	99
section., if the offense is a felony and the offender is sentenced	100
pursuant to that section or division.	101

(3) The inclusion of a community-based correctional	102
facility, a halfway house, and an alternative residential facility	103
in division (D) of this section does not cause the facility or	104
house to be financially responsible for the payment of any medical	105
or other health care expenses incurred in connection with an	106
offender who is serving a term in the facility or house pursuant	107
to section 2929.16 of the Revised Code. Unless another section of	108
the Revised Code requires or authorizes a community-based	109
correctional facility, halfway house, or alternative residential	110
facility to pay for those types of expenses, an offender who is	111
serving a term in the facility or house pursuant to section	112
2929.16 of the Revised Code shall be financially responsible for	113
the payment of those types of expenses.	114

(4) As used in division (D) of this section,	115
"community-based correctional facility," "halfway house," and	116
"alternative residential facility" have the same meanings as in	117
section 2929.01 of the Revised Codebeing imprisoned or serving a	118
term of imprisonment, prison term, jail term, term of local	119
incarceration, or other term in an institution under the control	120
of the department of rehabilitation and correction, a county,	121
multicounty, municipal, municipal-county, or multicounty-municipal	122
jail or workhouse, a minimum security misdemeanant jail, a	123
community-based correctional facility, a halfway house, an	124
alternative residential facility, or another facility described or	125
referred to in section 2929.36 of the Revised Code for the type of	126
criminal offense and under the circumstances specified or referred	127
to in that section.	128

Sec. 109.42.  (A) The attorney general shall prepare and	129
have printed a pamphlet that contains a compilation of all	130
statutes relative to victim's rights in which the attorney general	131
lists and explains the statutes in the form of a victim's bill of	132
rights. The attorney general shall distribute the pamphlet to all	133
sheriffs, marshals, municipal corporation and township police	134
departments, constables, and other law enforcement agencies, to	135
all prosecuting attorneys, city directors of law, village	136
solicitors, and other similar chief legal officers of municipal	137
corporations, and to organizations that represent or provide	138
services for victims of crime. The victim's bill of rights set	139
forth in the pamphlet shall contain a description of all of the	140
rights of victims that are provided for in Chapter 2930. or in any	141
other section of the Revised Code and shall include, but not be	142
limited to, all of the following:	143

(1) The right of a victim or a victim's representative to	144
attend a proceeding before a grand jury, in a juvenile case, or in	145
a criminal case pursuant to a subpoena without being discharged	146
from the victim's or representative's employment, having the	147
victim's or representative's employment terminated, having the	148
victim's or representative's pay decreased or withheld, or	149
otherwise being punished, penalized, or threatened as a result of	150
time lost from regular employment because of the victim's or	151
representative's attendance at the proceeding pursuant to the	152
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	153
2945.451 of the Revised Code;	154

(2) The potential availability pursuant to section 2151.359	155
or 2152.61 of the Revised Code of a forfeited recognizance to pay	156
damages caused by a child when the delinquency of the child or	157
child's violation of probation or community control is found to be	158
proximately caused by the failure of the child's parent or	159
guardian to subject the child to reasonable parental authority or	160
to faithfully discharge the conditions of probation or community	161
control;	162

(3) The availability of awards of reparations pursuant to	163
sections 2743.51 to 2743.72 of the Revised Code for injuries	164
caused by criminal offenses;	165

(4) The right of the victim in certain criminal or juvenile	166
cases or a victim's representative to receive, pursuant to section	167
2930.06 of the Revised Code, notice of the date, time, and place	168
of the trial or delinquency proceeding in the case or, if there	169
will not be a trial or delinquency proceeding, information from	170
the prosecutor, as defined in section 2930.01 of the Revised Code,	171
regarding the disposition of the case;	172

(5) The right of the victim in certain criminal or juvenile	173
cases or a victim's representative to receive, pursuant to section	174
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	175
name of the person charged with the violation, the case or docket	176
number assigned to the charge, and a telephone number or numbers	177
that can be called to obtain information about the disposition of	178
the case;	179

(6) The right of the victim in certain criminal or juvenile	180
cases or of the victim's representative pursuant to section	181
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	182
terms set by the court as authorized under section 2930.14 of the	183
Revised Code, to make a statement about the victimization and, if	184
applicable, a statement relative to the sentencing or disposition	185
of the offender;	186

(7) The opportunity to obtain a court order, pursuant to	187
section 2945.04 of the Revised Code, to prevent or stop the	188
commission of the offense of intimidation of a crime victim or	189
witness or an offense against the person or property of the	190
complainant, or of the complainant's ward or child;	191

(8) The right of the victim in certain criminal or juvenile	192
cases or a victim's representative pursuant to sections 2151.38,	193
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	194
receive notice of a pending motion for judicial release or early	195
release of the person who committed the offense against the	196
victim, to make an oral or written statement at the court hearing	197
on the motion, and to be notified of the court's decision on the	198
motion;	199

(9) The right of the victim in certain criminal or juvenile	200
cases or a victim's representative pursuant to section 2930.16,	201
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	202
of any pending commutation, pardon, parole, transitional control,	203
discharge, other form of authorized release, post-release control,	204
or supervised release for the person who committed the offense	205
against the victim or any application for release of that person	206
and to send a written statement relative to the victimization and	207
the pending action to the adult parole authority or the release	208
authority of the department of youth services;	209

(10) The right of the victim to bring a civil action	210
pursuant to sections 2969.01 to 2969.06 of the Revised Code to	211
obtain money from the offender's profit fund;	212

(11) The right, pursuant to section 3109.09 of the Revised	213
Code, to maintain a civil action to recover compensatory damages	214
not exceeding ten thousand dollars and costs from the parent of a	215
minor who willfully damages property through the commission of an	216
act that would be a theft offense, as defined in section 2913.01	217
of the Revised Code, if committed by an adult;	218

(12) The right, pursuant to section 3109.10 of the Revised	219
Code, to maintain a civil action to recover compensatory damages	220
not exceeding ten thousand dollars and costs from the parent of a	221
minor who willfully and maliciously assaults a person;	222

(13) The possibility of receiving restitution from an	223
offender or a delinquent child pursuant to section 2152.20,	224
2929.18, or 2929.212929.28 of the Revised Code;	225

(14) The right of the victim in certain criminal or juvenile	226
cases or a victim's representative, pursuant to section 2930.16 of	227
the Revised Code, to receive notice of the escape from confinement	228
or custody of the person who committed the offense, to receive	229
that notice from the custodial agency of the person at the	230
victim's last address or telephone number provided to the	231
custodial agency, and to receive notice that, if either the	232
victim's address or telephone number changes, it is in the	233
victim's interest to provide the new address or telephone number	234
to the custodial agency;	235

(15) The right of a victim of domestic violence to seek the	236
issuance of a temporary protection order pursuant to section	237
2919.26 of the Revised Code, to seek the issuance of a civil	238
protection order pursuant to section 3113.31 of the Revised Code,	239
and to be accompanied by a victim advocate during court	240
proceedings;	241

(16) The right of a victim of a sexually oriented offense	242
that is committed by a person who is adjudicated as being a sexual	243
predator or, in certain cases, by a person who is determined to be	244
a habitual sex offender to receive, pursuant to section 2950.10 of	245
the Revised Code, notice that the person has registered with a	246
sheriff under section 2950.04 or 2950.05 of the Revised Code and	247
notice of the person's name and residence address or addresses,	248
and a summary of the manner in which the victim must make a	249
request to receive the notice. As used in this division,	250
"sexually oriented offense," "adjudicated as being a sexual	251
predator," and "habitual sex offender" have the same meanings as	252
in section 2950.01 of the Revised Code.	253

(17) The right of a victim of certain sexually violent	254
offenses committed by a sexually violent predator who is sentenced	255
to a prison term pursuant to division (A)(3) of section 2971.03 of	256
the Revised Code to receive, pursuant to section 2930.16 of the	257
Revised Code, notice of a hearing to determine whether to modify	258
the requirement that the offender serve the entire prison term in	259
a state correctional facility, whether to continue, revise, or	260
revoke any existing modification of that requirement, or whether	261
to terminate the prison term. As used in this division, "sexually	262
violent offense" and "sexually violent predator" have the same	263
meanings as in section 2971.01 of the Revised Code.	264

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	265
prosecuting attorney, assistant prosecuting attorney, city	266
director of law, assistant city director of law, village	267
solicitor, assistant village solicitor, or similar chief legal	268
officer of a municipal corporation or an assistant of any of those	269
officers who prosecutes an offense committed in this state, upon	270
first contact with the victim of the offense, the victim's family,	271
or the victim's dependents, shall give the victim, the victim's	272
family, or the victim's dependents a copy of the pamphlet prepared	273
pursuant to division (A) of this section and explain, upon	274
request, the information in the pamphlet to the victim, the	275
victim's family, or the victim's dependents.	276

(b) Subject to division (B)(1)(c) of this section, a law	277
enforcement agency that investigates an offense or delinquent act	278
committed in this state shall give the victim of the offense or	279
delinquent act, the victim's family, or the victim's dependents a	280
copy of the pamphlet prepared pursuant to division (A) of this	281
section at one of the following times:	282

(i) Upon first contact with the victim, the victim's family,	283
or the victim's dependents;	284

(ii) If the offense or delinquent act is an offense of	285
violence, if the circumstances of the offense or delinquent act	286
and the condition of the victim, the victim's family, or the	287
victim's dependents indicate that the victim, the victim's family,	288
or the victim's dependents will not be able to understand the	289
significance of the pamphlet upon first contact with the agency,	290
and if the agency anticipates that it will have an additional	291
contact with the victim, the victim's family, or the victim's	292
dependents, upon the agency's second contact with the victim, the	293
victim's family, or the victim's dependents.	294

If the agency does not give the victim, the victim's family,	295
or the victim's dependents a copy of the pamphlet upon first	296
contact with them and does not have a second contact with the	297
victim, the victim's family, or the victim's dependents, the	298
agency shall mail a copy of the pamphlet to the victim, the	299
victim's family, or the victim's dependents at their last known	300
address.	301

(c) In complying on and after December 9, 1994, with the	302
duties imposed by division (B)(1)(a) or (b) of this section, an	303
official or a law enforcement agency shall use copies of the	304
pamphlet that are in the official's or agency's possession on	305
December 9, 1994, until the official or agency has distributed all	306
of those copies. After the official or agency has distributed all	307
of those copies, the official or agency shall use only copies of	308
the pamphlet that contain at least the information described in	309
division (A)(1) to (17) of this section.	310

(2) The failure of a law enforcement agency or of a	311
prosecuting attorney, assistant prosecuting attorney, city	312
director of law, assistant city director of law, village	313
solicitor, assistant village solicitor, or similar chief legal	314
officer of a municipal corporation or an assistant to any of those	315
officers to give, as required by division (B)(1) of this section,	316
the victim of an offense or delinquent act, the victim's family,	317
or the victim's dependents a copy of the pamphlet prepared	318
pursuant to division (A) of this section does not give the victim,	319
the victim's family, the victim's dependents, or a victim's	320
representative any rights under section 122.95, 2743.51 to	321
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10	322
of the Revised Code or under any other provision of the Revised	323
Code and does not affect any right under those sections.	324

(3) A law enforcement agency, a prosecuting attorney or	325
assistant prosecuting attorney, or a city director of law,	326
assistant city director of law, village solicitor, assistant	327
village solicitor, or similar chief legal officer of a municipal	328
corporation that distributes a copy of the pamphlet prepared	329
pursuant to division (A) of this section shall not be required to	330
distribute a copy of an information card or other printed material	331
provided by the clerk of the court of claims pursuant to section	332
2743.71 of the Revised Code.	333

(C) The cost of printing and distributing the pamphlet	334
prepared pursuant to division (A) of this section shall be paid	335
out of the reparations fund, created pursuant to section 2743.191	336
of the Revised Code, in accordance with division (D) of that	337
section.	338

(D) As used in this section:

339

(1) "Victim's representative" has the same meaning as in	340
section 2930.01 of the Revised Code;	341

(2) "Victim advocate" has the same meaning as in section	342
2919.26 of the Revised Code.	343

Sec. 109.511.  (A) As used in this section, "felony" means	344
any of the following:	345

(1) An offense committed in this state that is a felony	346
under the law of this state;	347

(2) An offense committed in a state other than this state,	348
or under the law of the United States, that, if committed in this	349
state, would be a felony under the law of this state.	350

(B) The superintendent of the bureau of criminal	351
identification and investigation shall not appoint or employ any	352
person as an investigator or a special agent on a permanent basis,	353
on a temporary basis, for a probationary term, or on other than a	354
permanent basis if the person previously has been convicted of or	355
has pleaded guilty to a felony.	356

(C)(1) The superintendent shall terminate the employment of	357
an investigator or a special agent who does either of the	358
following:	359

(a) Pleads guilty to a felony;

360

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	361
plea agreement as provided in division (D) of section 2929.29	362
2929.43 of the Revised Code in which the investigator or special	363
agent agrees to surrender the certificate awarded to the	364
investigator or special agent under section 109.77 of the Revised	365
Code.	366

(2) The superintendent shall suspend from employment an	367
investigator or a special agent who is convicted, after trial, of	368
a felony. If the investigator or special agent files an appeal	369
from that conviction and the conviction is upheld by the highest	370
court to which the appeal is taken or if the investigator or	371
special agent does not file a timely appeal, the superintendent	372
shall terminate the employment of that investigator or special	373
agent. If the investigator or special agent files an appeal that	374
results in that investigator's or special agent's acquittal of the	375
felony or conviction of a misdemeanor, or in the dismissal of the	376
felony charge against the investigator or special agent, the	377
superintendent shall reinstate that investigator or special agent.	378
An investigator or a special agent who is reinstated under this	379
division shall not receive any back pay unless that investigator's	380
or special agent's conviction of the felony was reversed on	381
appeal, or the felony charge was dismissed, because the court	382
found insufficient evidence to convict the investigator or special	383
agent of the felony.	384

(D) This section does not apply regarding an offense that	385
was committed prior to January 1, 1997.	386

(E) The suspension from employment or the termination of the	387
employment of an investigator or a special agent under division	388
(C) of this section shall be in accordance with Chapter 119. of	389
the Revised Code.	390

Sec. 109.77.  (A) As used in this section, "felony" has the	391
same meaning as in section 109.511 of the Revised Code.	392

(B)(1) Notwithstanding any general, special, or local law or	393
charter to the contrary, and except as otherwise provided in this	394
section, no person shall receive an original appointment on a	395
permanent basis as any of the following unless the person	396
previously has been awarded a certificate by the executive	397
director of the Ohio peace officer training commission attesting	398
to the person's satisfactory completion of an approved state,	399
county, municipal, or department of natural resources peace	400
officer basic training program:	401

(a) A peace officer of any county, township, municipal	402
corporation, regional transit authority, or metropolitan housing	403
authority;	404

(b) A natural resources law enforcement staff officer, park	405
officer, forest officer, preserve officer, wildlife officer, or	406
state watercraft officer of the department of natural resources;	407

(c) An employee of a park district under section 511.232 or	408
1545.13 of the Revised Code;	409

(d) An employee of a conservancy district who is designated	410
pursuant to section 6101.75 of the Revised Code;	411

(e) A state university law enforcement officer;

412

(f) A special police officer employed by the department of	413
mental health pursuant to section 5119.14 of the Revised Code or	414
the department of mental retardation and developmental	415
disabilities pursuant to section 5123.13 of the Revised Code;	416

(g) An enforcement agent of the department of public safety	417
whom the director of public safety designates under section	418
5502.14 of the Revised Code;	419

(h) A special police officer employed by a port authority	420
under section 4582.04 or 4582.28 of the Revised Code.	421

(2) Every person who is appointed on a temporary basis or	422
for a probationary term or on other than a permanent basis as any	423
of the following shall forfeit the appointed position unless the	424
person previously has completed satisfactorily or, within the time	425
prescribed by rules adopted by the attorney general pursuant to	426
section 109.74 of the Revised Code, satisfactorily completes a	427
state, county, municipal, or department of natural resources peace	428
officer basic training program for temporary or probationary	429
officers and is awarded a certificate by the director attesting to	430
the satisfactory completion of the program:	431

(a) A peace officer of any county, township, municipal	432
corporation, regional transit authority, or metropolitan housing	433
authority;	434

(b) A natural resources law enforcement staff officer, park	435
officer, forest officer, preserve officer, wildlife officer, or	436
state watercraft officer of the department of natural resources;	437

(c) An employee of a park district under section 511.232 or	438
1545.13 of the Revised Code;	439

(d) An employee of a conservancy district who is designated	440
pursuant to section 6101.75 of the Revised Code;	441

(e) A special police officer employed by the department of	442
mental health pursuant to section 5119.14 of the Revised Code or	443
the department of mental retardation and developmental	444
disabilities pursuant to section 5123.13 of the Revised Code;	445

(f) An enforcement agent of the department of public safety	446
whom the director of public safety designates under section	447
5502.14 of the Revised Code;	448

(g) A special police officer employed by a port authority	449
under section 4582.04 or 4582.28 of the Revised Code.	450

(3) For purposes of division (B) of this section, a state,	451
county, municipal, or department of natural resources peace	452
officer basic training program, regardless of whether the program	453
is to be completed by peace officers appointed on a permanent or	454
temporary, probationary, or other nonpermanent basis, shall	455
include at least fifteen hours of training in the handling of the	456
offense of domestic violence, other types of domestic	457
violence-related offenses and incidents, and protection orders and	458
consent agreements issued or approved under section 2919.26 or	459
3113.31 of the Revised Code and at least six hours of crisis	460
intervention training. The requirement to complete fifteen hours	461
of training in the handling of the offense of domestic violence,	462
other types of domestic violence-related offenses and incidents,	463
and protection orders and consent agreements issued or approved	464
under section 2919.26 or 3113.31 of the Revised Code does not	465
apply to any person serving as a peace officer on March 27, 1979,	466
and the requirement to complete six hours of training in crisis	467
intervention does not apply to any person serving as a peace	468
officer on April 4, 1985. Any person who is serving as a peace	469
officer on April 4, 1985, who terminates that employment after	470
that date, and who subsequently is hired as a peace officer by the	471
same or another law enforcement agency shall complete the six	472
hours of training in crisis intervention within the time	473
prescribed by rules adopted by the attorney general pursuant to	474
section 109.742 of the Revised Code. No peace officer shall have	475
employment as a peace officer terminated and then be reinstated	476
with intent to circumvent this section.	477

(4) Division (B) of this section does not apply to any	478
person serving on a permanent basis on March 28, 1985, as a park	479
officer, forest officer, preserve officer, wildlife officer, or	480
state watercraft officer of the department of natural resources or	481
as an employee of a park district under section 511.232 or 1545.13	482
of the Revised Code, to any person serving on a permanent basis on	483
March 6, 1986, as an employee of a conservancy district designated	484
pursuant to section 6101.75 of the Revised Code, to any person	485
serving on a permanent basis on January 10, 1991, as a preserve	486
officer of the department of natural resources, to any person	487
employed on a permanent basis on July 2, 1992, as a special police	488
officer by the department of mental health pursuant to section	489
5119.14 of the Revised Code or by the department of mental	490
retardation and developmental disabilities pursuant to section	491
5123.13 of the Revised Code, to any person serving on a permanent	492
basis on the effective date of this amendmentMay17, 2000, as a	493
special police officer employed by a port authority under section	494
4582.04 or 4582.28 of the Revised Code, to any person serving on a	495
permanent basis on June 19, 1978, as a state university law	496
enforcement officer pursuant to section 3345.04 of the Revised	497
Code and who, immediately prior to June 19, 1978, was serving as a	498
special police officer designated under authority of that section,	499
or to any person serving on a permanent basis on September 20,	500
1984, as a liquor control investigator, known after June 30, 1999,	501
as an enforcement agent of the department of public safety,	502
engaged in the enforcement of Chapters 4301. and 4303. of the	503
Revised Code.	504

(5) Division (B) of this section does not apply to any	505
person who is appointed as a regional transit authority police	506
officer pursuant to division (Y) of section 306.35 of the Revised	507
Code if, on or before July 1, 1996, the person has completed	508
satisfactorily an approved state, county, municipal, or department	509
of natural resources peace officer basic training program and has	510
been awarded a certificate by the executive director of the Ohio	511
peace officer training commission attesting to the person's	512
satisfactory completion of such an approved program and if, on	513
July 1, 1996, the person is performing peace officer functions for	514
a regional transit authority.	515

(C) No person, after September 20, 1984, shall receive an	516
original appointment on a permanent basis as an Ohio veterans'	517
home police officer designated under section 5907.02 of the	518
Revised Code unless the person previously has been awarded a	519
certificate by the executive director of the Ohio peace officer	520
training commission attesting to the person's satisfactory	521
completion of an approved police officer basic training program.	522
Every person who is appointed on a temporary basis or for a	523
probationary term or on other than a permanent basis as an Ohio	524
veterans' home police officer designated under section 5907.02 of	525
the Revised Code shall forfeit that position unless the person	526
previously has completed satisfactorily or, within one year from	527
the time of appointment, satisfactorily completes an approved	528
police officer basic training program.	529

(D) No bailiff or deputy bailiff of a court of record of	530
this state and no criminal investigator who is employed by the	531
state public defender shall carry a firearm, as defined in section	532
2923.11 of the Revised Code, while on duty unless the bailiff,	533
deputy bailiff, or criminal investigator has done or received one	534
of the following:	535

(1) Has been awarded a certificate by the executive director	536
of the Ohio peace officer training commission, which certificate	537
attests to satisfactory completion of an approved state, county,	538
or municipal basic training program for bailiffs and deputy	539
bailiffs of courts of record and for criminal investigators	540
employed by the state public defender that has been recommended by	541
the Ohio peace officer training commission;	542

(2) Has successfully completed a firearms training program	543
approved by the Ohio peace officer training commission prior to	544
employment as a bailiff, deputy bailiff, or criminal investigator;	545

(3) Prior to June 6, 1986, was authorized to carry a firearm	546
by the court that employed the bailiff or deputy bailiff or, in	547
the case of a criminal investigator, by the state public defender	548
and has received training in the use of firearms that the Ohio	549
peace officer training commission determines is equivalent to the	550
training that otherwise is required by division (D) of this	551
section.	552

(E)(1) Prior to awarding any certificate prescribed in this	553
section, the executive director of the Ohio peace officer training	554
commission shall request the person to whom the certificate is to	555
be awarded to disclose, and the person shall disclose, any	556
previous criminal conviction of or plea of guilty of that person	557
to a felony.	558

(2) Prior to the award by the executive director of the	559
commission of any certificate prescribed in this section, the	560
prospective employer of the person to whom the certificate is to	561
be awarded or the commander of the peace officer training school	562
attended by that person shall request the bureau of criminal	563
identification and investigation to conduct a criminal history	564
records check on the person. Upon receipt of the request, the	565
bureau promptly shall conduct a criminal history records check on	566
the person and, upon completion of the check, promptly shall	567
provide a copy of the criminal history records check to the	568
prospective employer or peace officer training school commander	569
that made the request. Upon receipt of the copy of the criminal	570
history records check from the bureau, the prospective employer or	571
peace officer training school commander that made the request	572
shall submit the copy to the executive director of the Ohio peace	573
officer training commission. The executive director shall not	574
award any certificate prescribed in this section unless the	575
executive director has received a copy of the criminal history	576
records check on the person to whom the certificate is to be	577
awarded.	578

(3) The executive director of the commission shall not award	579
a certificate prescribed in this section to a person who has been	580
convicted of or has pleaded guilty to a felony or who fails to	581
disclose any previous criminal conviction of or plea of guilty to	582
a felony as required under division (E)(1) of this section.	583

(4) The executive director of the commission shall revoke	584
the certificate awarded to a person as prescribed in this section,	585
and that person shall forfeit all of the benefits derived from	586
being certified as a peace officer under this section, if the	587
person, prior to the award of the certificate, failed to disclose	588
any previous criminal conviction of or plea of guilty to a felony	589
as required under division (E)(1) of this section.	590

(F)(1) Regardless of whether the person has been awarded the	591
certificate or has been classified as a peace officer prior to,	592
on, or after October 16, 1996, the executive director of the Ohio	593
peace officer training commission shall revoke any certificate	594
that has been awarded to a person as prescribed in this section if	595
the person does either of the following:	596

(a) Pleads guilty to a felony committed on or after January	597
1, 1997.	598

(b) Pleads guilty to a misdemeanor committed on or after	599
January 1, 1997, pursuant to a negotiated plea agreement as	600
provided in division (D) of section 2929.292929.43 of the Revised	601
Code in which the person agrees to surrender the certificate	602
awarded to the person under this section.	603

(2) The executive director of the commission shall suspend	604
any certificate that has been awarded to a person as prescribed in	605
this section if the person is convicted, after trial, of a felony	606
committed on or after January 1, 1997. The executive director	607
shall suspend the certificate pursuant to division (F)(2) of this	608
section pending the outcome of an appeal by the person from that	609
conviction to the highest court to which the appeal is taken or	610
until the expiration of the period in which an appeal is required	611
to be filed. If the person files an appeal that results in that	612
person's acquittal of the felony or conviction of a misdemeanor,	613
or in the dismissal of the felony charge against that person, the	614
executive director shall reinstate the certificate awarded to the	615
person under this section. If the person files an appeal from	616
that person's conviction of the felony and the conviction is	617
upheld by the highest court to which the appeal is taken or if the	618
person does not file a timely appeal, the executive director shall	619
revoke the certificate awarded to the person under this section.	620

(G)(1) If a person is awarded a certificate under this	621
section and the certificate is revoked pursuant to division (E)(4)	622
or (F) of this section, the person shall not be eligible to	623
receive, at any time, a certificate attesting to the person's	624
satisfactory completion of a peace officer basic training program.	625

(2) The revocation or suspension of a certificate under	626
division (E)(4) or (F) of this section shall be in accordance with	627
Chapter 119. of the Revised Code.	628

(H)(1) A person who was employed as a peace officer of a	629
county, township, or municipal corporation of the state on January	630
1, 1966, and who has completed at least sixteen years of full-time	631
active service as such a peace officer may receive an original	632
appointment on a permanent basis and serve as a peace officer of a	633
county, township, or municipal corporation, or as a state	634
university law enforcement officer, without complying with the	635
requirements of division (B) of this section.	636

(2) Any person who held an appointment as a state highway	637
trooper on January 1, 1966, may receive an original appointment on	638
a permanent basis and serve as a peace officer of a county,	639
township, or municipal corporation, or as a state university law	640
enforcement officer, without complying with the requirements of	641
division (B) of this section.	642

(I) No person who is appointed as a peace officer of a	643
county, township, or municipal corporation on or after April 9,	644
1985, shall serve as a peace officer of that county, township, or	645
municipal corporation unless the person has received training in	646
the handling of missing children and child abuse and neglect cases	647
from an approved state, county, township, or municipal police	648
officer basic training program or receives the training within the	649
time prescribed by rules adopted by the attorney general pursuant	650
to section 109.741 of the Revised Code.	651

(J) No part of any approved state, county, or municipal	652
basic training program for bailiffs and deputy bailiffs of courts	653
of record and no part of any approved state, county, or municipal	654
basic training program for criminal investigators employed by the	655
state public defender shall be used as credit toward the	656
completion by a peace officer of any part of the approved state,	657
county, or municipal peace officer basic training program that the	658
peace officer is required by this section to complete	659
satisfactorily.	660

(K) This section does not apply to any member of the police	661
department of a municipal corporation in an adjoining state	662
serving in this state under a contract pursuant to section 737.04	663
of the Revised Code.	664

Sec. 120.06.  (A)(1) The state public defender, when	665
designated by the court or requested by a county public defender	666
or joint county public defender, may provide legal representation	667
in all courts throughout the state to indigent adults and	668
juveniles who are charged with the commission of an offense or act	669
for which the penalty or any possible adjudication includes the	670
potential loss of liberty.	671

(2) The state public defender may provide legal	672
representation to any indigent person who, while incarcerated in	673
any state correctional institution, is charged with a felony	674
offense, for which the penalty or any possible adjudication that	675
may be imposed by a court upon conviction includes the potential	676
loss of liberty.	677

(3) The state public defender may provide legal	678
representation to any person incarcerated in any correctional	679
institution of the state, in any matter in which the person	680
asserts the person is unlawfully imprisoned or detained.	681

(4) The state public defender, in any case in which the	682
state public defender has provided legal representation or is	683
requested to do so by a county public defender or joint county	684
public defender, may provide legal representation on appeal.	685

(5) The state public defender, when designated by the court	686
or requested by a county public defender, joint county public	687
defender, or the director of rehabilitation and correction, shall	688
provide legal representation in parole and probation revocation	689
matters or matters relating to the revocation of community control	690
or post-release control under a community control sanction or	691
post-release control sanction, unless the state public defender	692
finds that the alleged parole or probation violator or alleged	693
violator of a community control sanction or post-release control	694
sanction has the financial capacity to retain the alleged	695
violator's own counsel.	696

(6) If the state public defender contracts with a county	697
public defender commission, a joint county public defender	698
commission, or a board of county commissioners for the provision	699
of services, under authority of division (C)(7) of section 120.04	700
of the Revised Code, the state public defender shall provide legal	701
representation in accordance with the contract.	702

(B) The state public defender shall not be required to	703
prosecute any appeal, postconviction remedy, or other proceeding	704
pursuant to division (A)(3), (4), or (5) of this section, unless	705
the state public defender first is satisfied that there is	706
arguable merit to the proceeding.	707

(C) A court may appoint counsel or allow an indigent person	708
to select the indigent's own personal counsel to assist the state	709
public defender as co-counsel when the interests of justice so	710
require. When co-counsel is appointed to assist the state public	711
defender, the co-counsel shall receive any compensation that the	712
court may approve, not to exceed the amounts provided for in	713
section 2941.51 of the Revised Code.	714

(D) When the state public defender is designated by the	715
court or requested by a county public defender or joint county	716
public defender to provide legal representation for an indigent	717
person in any case, other than pursuant to a contract entered into	718
under authority of division (C)(7) of section 120.04 of the	719
Revised Code, the state public defender shall send to the county	720
in which the case is filed an itemized bill for fifty per cent of	721
the actual cost of the representation. The county, upon receipt	722
of an itemized bill from the state public defender pursuant to	723
this division, shall pay fifty per cent of the actual cost of the	724
legal representation as set forth in the itemized bill. There is	725
hereby created in the state treasury the county representation	726
fund for the deposit of moneys received from counties under this	727
division. All moneys credited to the fund shall be used by the	728
state public defender to provide legal representation for indigent	729
persons when designated by the court or requested by a county or	730
joint county public defender.	731

(E)(1) Notwithstanding any contrary provision of sections	732
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	733
that pertains to representation by the attorney general, an	734
assistant attorney general, or special counsel of an officer or	735
employee, as defined in section 109.36 of the Revised Code, or of	736
an entity of state government, the state public defender may elect	737
to contract with, and to have the state pay pursuant to division	738
(E)(2) of this section for the services of, private legal counsel	739
to represent the Ohio public defender commission, the state public	740
defender, assistant state public defenders, other employees of the	741
commission or the state public defender, and attorneys described	742
in division (C) of section 120.41 of the Revised Code in a	743
malpractice or other civil action or proceeding that arises from	744
alleged actions or omissions related to responsibilities derived	745
pursuant to this chapter, or in a civil action that is based upon	746
alleged violations of the constitution or statutes of the United	747
States, including section 1983 of Title 42 of the United States	748
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	749
arises from alleged actions or omissions related to	750
responsibilities derived pursuant to this chapter, if the state	751
public defender determines, in good faith, that the defendant in	752
the civil action or proceeding did not act manifestly outside the	753
scope of the defendant's employment or official responsibilities,	754
with malicious purpose, in bad faith, or in a wanton or reckless	755
manner. If the state public defender elects not to contract	756
pursuant to this division for private legal counsel in a civil	757
action or proceeding, then, in accordance with sections 109.02,	758
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	759
attorney general shall represent or provide for the representation	760
of the Ohio public defender commission, the state public defender,	761
assistant state public defenders, other employees of the	762
commission or the state public defender, or attorneys described in	763
division (C) of section 120.41 of the Revised Code in the civil	764
action or proceeding.	765

(2)(a) Subject to division (E)(2)(b) of this section,	766
payment from the state treasury for the services of private legal	767
counsel with whom the state public defender has contracted	768
pursuant to division (E)(1) of this section shall be accomplished	769
only through the following procedure:	770

(i) The private legal counsel shall file with the attorney	771
general a copy of the contract; a request for an award of legal	772
fees, court costs, and expenses earned or incurred in connection	773
with the defense of the Ohio public defender commission, the state	774
public defender, an assistant state public defender, an employee,	775
or an attorney in a specified civil action or proceeding; a	776
written itemization of those fees, costs, and expenses, including	777
the signature of the state public defender and the state public	778
defender's attestation that the fees, costs, and expenses were	779
earned or incurred pursuant to division (E)(1) of this section to	780
the best of the state public defender's knowledge and information;	781
a written statement whether the fees, costs, and expenses are for	782
all legal services to be rendered in connection with that defense,	783
are only for legal services rendered to the date of the request	784
and additional legal services likely will have to be provided in	785
connection with that defense, or are for the final legal services	786
rendered in connection with that defense; a written statement	787
indicating whether the private legal counsel previously submitted	788
a request for an award under division (E)(2) of this section in	789
connection with that defense and, if so, the date and the amount	790
of each award granted; and, if the fees, costs, and expenses are	791
for all legal services to be rendered in connection with that	792
defense or are for the final legal services rendered in connection	793
with that defense, a certified copy of any judgment entry in the	794
civil action or proceeding or a signed copy of any settlement	795
agreement entered into between the parties to the civil action or	796
proceeding.	797

(ii) Upon receipt of a request for an award of legal fees,	798
court costs, and expenses and the requisite supportive	799
documentation described in division (E)(2)(a)(i) of this section,	800
the attorney general shall review the request and documentation;	801
determine whether any of the limitations specified in division	802
(E)(2)(b) of this section apply to the request; and, if an award	803
of legal fees, court costs, or expenses is permissible after	804
applying the limitations, prepare a document awarding legal fees,	805
court costs, or expenses to the private legal counsel. The	806
document shall name the private legal counsel as the recipient of	807
the award; specify the total amount of the award as determined by	808
the attorney general; itemize the portions of the award that	809
represent legal fees, court costs, and expenses; specify any	810
limitation applied pursuant to division (E)(2)(b) of this section	811
to reduce the amount of the award sought by the private legal	812
counsel; state that the award is payable from the state treasury	813
pursuant to division (E)(2)(a)(iii) of this section; and be	814
approved by the inclusion of the signatures of the attorney	815
general, the state public defender, and the private legal counsel.	816

(iii) The attorney general shall forward a copy of the	817
document prepared pursuant to division (E)(2)(a)(ii) of this	818
section to the director of budget and management. The award of	819
legal fees, court costs, or expenses shall be paid out of the	820
state public defender's appropriations, to the extent there is a	821
sufficient available balance in those appropriations. If the	822
state public defender does not have a sufficient available balance	823
in the state public defender's appropriations to pay the entire	824
award of legal fees, court costs, or expenses, the director shall	825
make application for a transfer of appropriations out of the	826
emergency purposes account or any other appropriation for	827
emergencies or contingencies in an amount equal to the portion of	828
the award that exceeds the sufficient available balance in the	829
state public defender's appropriations. A transfer of	830
appropriations out of the emergency purposes account or any other	831
appropriation for emergencies or contingencies shall be authorized	832
if there are sufficient moneys greater than the sum total of then	833
pending emergency purposes account requests, or requests for	834
releases from the other appropriation. If a transfer of	835
appropriations out of the emergency purposes account or other	836
appropriation for emergencies or contingencies is made to pay an	837
amount equal to the portion of the award that exceeds the	838
sufficient available balance in the state public defender's	839
appropriations, the director shall cause the payment to be made to	840
the private legal counsel. If sufficient moneys do not exist in	841
the emergency purposes account or other appropriation for	842
emergencies or contingencies to pay an amount equal to the portion	843
of the award that exceeds the sufficient available balance in the	844
state public defender's appropriations, the private legal counsel	845
shall request the general assembly to make an appropriation	846
sufficient to pay an amount equal to the portion of the award that	847
exceeds the sufficient available balance in the state public	848
defender's appropriations, and no payment in that amount shall be	849
made until the appropriation has been made. The private legal	850
counsel shall make the request during the current biennium and	851
during each succeeding biennium until a sufficient appropriation	852
is made.	853

(b) An award of legal fees, court costs, and expenses	854
pursuant to division (E) of this section is subject to the	855
following limitations:	856

(i) The maximum award or maximum aggregate of a series of	857
awards of legal fees, court costs, and expenses to the private	858
legal counsel in connection with the defense of the Ohio public	859
defender commission, the state public defender, an assistant state	860
public defender, an employee, or an attorney in a specified civil	861
action or proceeding shall not exceed fifty thousand dollars.	862

(ii) The private legal counsel shall not be awarded legal	863
fees, court costs, or expenses to the extent the fees, costs, or	864
expenses are covered by a policy of malpractice or other	865
insurance.	866

(iii) The private legal counsel shall be awarded legal fees	867
and expenses only to the extent that the fees and expenses are	868
reasonable in light of the legal services rendered by the private	869
legal counsel in connection with the defense of the Ohio public	870
defender commission, the state public defender, an assistant state	871
public defender, an employee, or an attorney in a specified civil	872
action or proceeding.	873

(c) If, pursuant to division (E)(2)(a) of this section, the	874
attorney general denies a request for an award of legal fees,	875
court costs, or expenses to private legal counsel because of the	876
application of a limitation specified in division (E)(2)(b) of	877
this section, the attorney general shall notify the private legal	878
counsel in writing of the denial and of the limitation applied.	879

(d) If, pursuant to division (E)(2)(c) of this section, a	880
private legal counsel receives a denial of an award notification	881
or if a private legal counsel refuses to approve a document under	882
division (E)(2)(a)(ii) of this section because of the proposed	883
application of a limitation specified in division (E)(2)(b) of	884
this section, the private legal counsel may commence a civil	885
action against the attorney general in the court of claims to	886
prove the private legal counsel's entitlement to the award sought,	887
to prove that division (E)(2)(b) of this section does not prohibit	888
or otherwise limit the award sought, and to recover a judgment for	889
the amount of the award sought. A civil action under division	890
(E)(2)(d) of this section shall be commenced no later than two	891
years after receipt of a denial of award notification or, if the	892
private legal counsel refused to approve a document under division	893
(E)(2)(a)(ii) of this section because of the proposed application	894
of a limitation specified in division (E)(2)(b) of this section,	895
no later than two years after the refusal. Any judgment of the	896
court of claims in favor of the private legal counsel shall be	897
paid from the state treasury in accordance with division (E)(2)(a)	898
of this section.	899

(F) If a court appoints the office of the state public	900
defender to represent a petitioner in a postconviction relief	901
proceeding under section 2953.21 of the Revised Code, the	902
petitioner has received a sentence of death, and the proceeding	903
relates to that sentence, all of the attorneys who represent the	904
petitioner in the proceeding pursuant to the appointment, whether	905
an assistant state public defender, the state public defender, or	906
another attorney, shall be certified under Rule 20 of the Rules	907
of Superintendence for the Courts of Ohio to represent indigent	908
defendants charged with or convicted of an offense for which the	909
death penalty can be or has been imposed.	910

(G) As used in this section:

911

(1) "Community control sanction" has the same meaning as in	912
section 2929.01 of the Revised Code.	913

(2) "Post-release control sanction" has the same meaning as	914
in section 2967.01 of the Revised Code.	915

Sec. 120.16.  (A)(1) The county public defender shall	916
provide legal representation to indigent adults and juveniles who	917
are charged with the commission of an offense or act that is a	918
violation of a state statute and for which the penalty or any	919
possible adjudication includes the potential loss of liberty and	920
in postconviction proceedings as defined in this section.	921

(2) The county public defender may provide legal	922
representation to indigent adults and juveniles charged with the	923
violation of an ordinance of a municipal corporation for which the	924
penalty or any possible adjudication includes the potential loss	925
of liberty, if the county public defender commission has	926
contracted with the municipal corporation to provide legal	927
representation for indigent persons charged with a violation of an	928
ordinance of the municipal corporation.	929

(B) The county public defender shall provide the legal	930
representation authorized by division (A) of this section at every	931
stage of the proceedings following arrest, detention, service of	932
summons, or indictment.	933

(C) The county public defender may request the state public	934
defender to prosecute any appeal or other remedy before or after	935
conviction that the county public defender decides is in the	936
interests of justice, and may provide legal representation in	937
parole and probation revocation matters and matters relating to	938
the revocation of community control or post-release control under	939
a community control sanction or post-release control sanction.	940

(D) The county public defender shall not be required to	941
prosecute any appeal, postconviction remedy, or other proceeding,	942
unless the county public defender is first satisfied there is	943
arguable merit to the proceeding.	944

(E) Nothing in this section shall prevent a court from	945
appointing counsel other than the county public defender or from	946
allowing an indigent person to select the indigent person's own	947
personal counsel to represent the indigent person. A court may	948
also appoint counsel or allow an indigent person to select the	949
indigent person's own personal counsel to assist the county public	950
defender as co-counsel when the interests of justice so require.	951

(F) Information as to the right to legal representation by	952
the county public defender or assigned counsel shall be afforded	953
to an accused person immediately upon arrest, when brought before	954
a magistrate, or when formally charged, whichever occurs first.	955

(G) If a court appoints the office of the county public	956
defender to represent a petitioner in a postconviction relief	957
proceeding under section 2953.21 of the Revised Code, the	958
petitioner has received a sentence of death, and the proceeding	959
relates to that sentence, all of the attorneys who represent the	960
petitioner in the proceeding pursuant to the appointment, whether	961
an assistant county public defender or the county public defender,	962
shall be certified under Rule 20 of the Rules of Superintendence	963
for the Courts of Ohio to represent indigent defendants charged	964
with or convicted of an offense for which the death penalty can be	965
or has been imposed.	966

(H) As used in this section:

967

(1) "Community control sanction" has the same meaning as in	968
section 2929.01 of the Revised Code.	969

(2) "Post-release control sanction" has the same meaning as	970
in section 2967.01 of the Revised Code.	971

Sec. 120.26.  (A)(1) The joint county public defender shall	972
provide legal representation to indigent adults and juveniles who	973
are charged with the commission of an offense or act that is a	974
violation of a state statute and for which the penalty or any	975
possible adjudication includes the potential loss of liberty and	976
in postconviction proceedings as defined in this section.	977

(2) The joint county public defender may provide legal	978
representation to indigent adults and juveniles charged with the	979
violation of an ordinance of a municipal corporation for which the	980
penalty or any possible adjudication includes the potential loss	981
of liberty, if the joint county public defender commission has	982
contracted with the municipal corporation to provide legal	983
representation for indigent persons charged with a violation of an	984
ordinance of the municipal corporation.	985

(B) The joint county public defender shall provide the legal	986
representation authorized by division (A) of this section at every	987
stage of the proceedings following arrest, detention, service of	988
summons, or indictment.	989

(C) The joint county public defender may request the Ohio	990
public defender to prosecute any appeal or other remedy before or	991
after conviction that the joint county public defender decides is	992
in the interests of justice and may provide legal representation	993
in parole and probation revocation matters and matters relating to	994
the revocation of community control or post-release control under	995
a community control sanction or post-release control sanction.	996

(D) The joint county public defender shall not be required	997
to prosecute any appeal, postconviction remedy, or other	998
proceeding, unless the joint county public defender is first	999
satisfied that there is arguable merit to the proceeding.	1000

(E) Nothing in this section shall prevent a court from	1001
appointing counsel other than the joint county public defender or	1002
from allowing an indigent person to select the indigent person's	1003
own personal counsel to represent the indigent person. A court	1004
may also appoint counsel or allow an indigent person to select the	1005
indigent person's own personal counsel to assist the joint county	1006
public defender as co-counsel when the interests of justice so	1007
require.	1008

(F) Information as to the right to legal representation by	1009
the joint county public defender or assigned counsel shall be	1010
afforded to an accused person immediately upon arrest, when	1011
brought before a magistrate, or when formally charged, whichever	1012
occurs first.	1013

(G) If a court appoints the office of the joint county	1014
public defender to represent a petitioner in a postconviction	1015
relief proceeding under section 2953.21 of the Revised Code, the	1016
petitioner has received a sentence of death, and the proceeding	1017
relates to that sentence, all of the attorneys who represent the	1018
petitioner in the proceeding pursuant to the appointment, whether	1019
an assistant joint county defender or the joint county public	1020
defender, shall be certified under Rule 20 of the Rules of	1021
Superintendence for the Courts of Ohio to represent indigent	1022
defendants charged with or convicted of an offense for which the	1023
death penalty can be or has been imposed.	1024

(H) As used in this section:

1025

(1) "Community control sanction" has the same meaning as in	1026
section 2929.01 of the Revised Code.	1027

(2) "Post-release control sanction" has the same meaning as	1028
in section 2967.01 of the Revised Code.	1029

Sec. 149.43.  (A) As used in this section:

1030

(1) "Public record" means records kept by any public	1031
office, including, but not limited to, state, county, city,	1032
village, township, and school district units, and records	1033
pertaining to the delivery of educational services by an	1034
alternative school in Ohio kept by a nonprofit or for profit	1035
entity operating such alternative school pursuant to section	1036
3313.533 of the Revised Code. "Public record" does not mean any of	1037
the following:	1038

(a) Medical records;

1039

(b) Records pertaining to probation and parole proceedings	1040
or to proceedings related to the imposition of community control	1041
sanctions and post-release control sanctions;	1042

(c) Records pertaining to actions under section 2151.85 and	1043
division (C) of section 2919.121 of the Revised Code and to	1044
appeals of actions arising under those sections;	1045

(d) Records pertaining to adoption proceedings, including	1046
the contents of an adoption file maintained by the department of	1047
health under section 3705.12 of the Revised Code;	1048

(e) Information in a record contained in the putative father	1049
registry established by section 3107.062 of the Revised Code,	1050
regardless of whether the information is held by the department of	1051
job and family services or, pursuant to section 3111.69 of the	1052
Revised Code, the office of child support in the department or a	1053
child support enforcement agency;	1054

(f) Records listed in division (A) of section 3107.42 of the	1055
Revised Code or specified in division (A) of section 3107.52 of	1056
the Revised Code;	1057

(g) Trial preparation records;

1058

(h) Confidential law enforcement investigatory records;

1059

(i) Records containing information that is confidential	1060
under section 2317.023 or 4112.05 of the Revised Code;	1061

(j) DNA records stored in the DNA database pursuant to	1062
section 109.573 of the Revised Code;	1063

(k) Inmate records released by the department of	1064
rehabilitation and correction to the department of youth services	1065
or a court of record pursuant to division (E) of section 5120.21	1066
of the Revised Code;	1067

(l) Records maintained by the department of youth services	1068
pertaining to children in its custody released by the department	1069
of youth services to the department of rehabilitation and	1070
correction pursuant to section 5139.05 of the Revised Code;	1071

(m) Intellectual property records;

1072

(n) Donor profile records;

1073

(o) Records maintained by the department of job and family	1074
services pursuant to section 3121.894 of the Revised Code;	1075

(p) Peace officer residential and familial information;

1076

(q) In the case of a county hospital operated pursuant to	1077
Chapter 339. of the Revised Code, information that constitutes a	1078
trade secret, as defined in section 1333.61 of the Revised Code;	1079

(r) Information pertaining to the recreational activities of	1080
a person under the age of eighteen;	1081

(s) Records provided to, statements made by review board	1082
members during meetings of, and all work products of a child	1083
fatality review board acting under sections 307.621 to 307.629 of	1084
the Revised Code, other than the report prepared pursuant to	1085
section 307.626 of the Revised Code;	1086

(t) Records provided to and statements made by the executive	1087
director of a public children services agency or a prosecuting	1088
attorney acting pursuant to section 5153.171 of the Revised Code	1089
other than the information released under that section;	1090

(u) Test materials, examinations, or evaluation tools used	1091
in an examination for licensure as a nursing home administrator	1092
that the board of examiners of nursing home administrators	1093
administers under section 4751.04 of the Revised Code or contracts	1094
under that section with a private or government entity to	1095
administer;	1096

(v) Records the release of which is prohibited by state or	1097
federal law.	1098

(2) "Confidential law enforcement investigatory record"	1099
means any record that pertains to a law enforcement matter of a	1100
criminal, quasi-criminal, civil, or administrative nature, but	1101
only to the extent that the release of the record would create a	1102
high probability of disclosure of any of the following:	1103

(a) The identity of a suspect who has not been charged with	1104
the offense to which the record pertains, or of an information	1105
source or witness to whom confidentiality has been reasonably	1106
promised;	1107

(b) Information provided by an information source or witness	1108
to whom confidentiality has been reasonably promised, which	1109
information would reasonably tend to disclose the source's or	1110
witness's identity;	1111

(c) Specific confidential investigatory techniques or	1112
procedures or specific investigatory work product;	1113

(d) Information that would endanger the life or physical	1114
safety of law enforcement personnel, a crime victim, a witness, or	1115
a confidential information source.	1116

(3) "Medical record" means any document or combination of	1117
documents, except births, deaths, and the fact of admission to or	1118
discharge from a hospital, that pertains to the medical history,	1119
diagnosis, prognosis, or medical condition of a patient and that	1120
is generated and maintained in the process of medical treatment.	1121

(4) "Trial preparation record" means any record that	1122
contains information that is specifically compiled in reasonable	1123
anticipation of, or in defense of, a civil or criminal action or	1124
proceeding, including the independent thought processes and	1125
personal trial preparation of an attorney.	1126

(5) "Intellectual property record" means a record, other	1127
than a financial or administrative record, that is produced or	1128
collected by or for faculty or staff of a state institution of	1129
higher learning in the conduct of or as a result of study or	1130
research on an educational, commercial, scientific, artistic,	1131
technical, or scholarly issue, regardless of whether the study or	1132
research was sponsored by the institution alone or in conjunction	1133
with a governmental body or private concern, and that has not been	1134
publicly released, published, or patented.	1135

(6) "Donor profile record" means all records about donors or	1136
potential donors to a public institution of higher education	1137
except the names and reported addresses of the actual donors and	1138
the date, amount, and conditions of the actual donation.	1139

(7) "Peace officer residential and familial information"	1140
means either of the following:	1141

(a) Any information maintained in a personnel record of a	1142
peace officer that discloses any of the following:	1143

(i) The address of the actual personal residence of a peace	1144
officer, except for the state or political subdivision in which	1145
the peace officer resides;	1146

(ii) Information compiled from referral to or participation	1147
in an employee assistance program;	1148

(iii) The social security number, the residential telephone	1149
number, any bank account, debit card, charge card, or credit card	1150
number, or the emergency telephone number of, or any medical	1151
information pertaining to, a peace officer;	1152

(iv) The name of any beneficiary of employment benefits,	1153
including, but not limited to, life insurance benefits, provided	1154
to a peace officer by the peace officer's employer;	1155

(v) The identity and amount of any charitable or employment	1156
benefit deduction made by the peace officer's employer from the	1157
peace officer's compensation unless the amount of the deduction is	1158
required by state or federal law;	1159

(vi) The name, the residential address, the name of the	1160
employer, the address of the employer, the social security number,	1161
the residential telephone number, any bank account, debit card,	1162
charge card, or credit card number, or the emergency telephone	1163
number of the spouse, a former spouse, or any child of a peace	1164
officer.	1165

(b) Any record that identifies a person's occupation as a	1166
peace officer other than statements required to include the	1167
disclosure of that fact under the campaign finance law.	1168

As used in divisions (A)(7) and (B)(5) of this section,	1169
"peace officer" has the same meaning as in section 109.71 of the	1170
Revised Code and also includes the superintendent and troopers of	1171
the state highway patrol; it does not include the sheriff of a	1172
county or a supervisory employee who, in the absence of the	1173
sheriff, is authorized to stand in for, exercise the authority of,	1174
and perform the duties of the sheriff.	1175

(8) "Information pertaining to the recreational activities	1176
of a person under the age of eighteen" means information that is	1177
kept in the ordinary course of business by a public office, that	1178
pertains to the recreational activities of a person under the age	1179
of eighteen years, and that discloses any of the following:	1180

(a) The address or telephone number of a person under the	1181
age of eighteen or the address or telephone number of that	1182
person's parent, guardian, custodian, or emergency contact person;	1183

(b) The social security number, birth date, or photographic	1184
image of a person under the age of eighteen;	1185

(c) Any medical record, history, or information pertaining	1186
to a person under the age of eighteen;	1187

(d) Any additional information sought or required about a	1188
person under the age of eighteen for the purpose of allowing that	1189
person to participate in any recreational activity conducted or	1190
sponsored by a public office or to use or obtain admission	1191
privileges to any recreational facility owned or operated by a	1192
public office.	1193

(9) "Community control sanction" has the same meaning as in	1194
section 2929.01 of the Revised Code.	1195

(10) "Post-release control sanction" has the same meaning as	1196
in section 2967.01 of the Revised Code.	1197

(B)(1) Subject to division (B)(4) of this section, all	1198
public records shall be promptly prepared and made available for	1199
inspection to any person at all reasonable times during regular	1200
business hours. Subject to division (B)(4) of this section, upon	1201
request, a public office or person responsible for public records	1202
shall make copies available at cost, within a reasonable period of	1203
time. In order to facilitate broader access to public records,	1204
public offices shall maintain public records in a manner that they	1205
can be made available for inspection in accordance with this	1206
division.	1207

(2) If any person chooses to obtain a copy of a public	1208
record in accordance with division (B)(1) of this section, the	1209
public office or person responsible for the public record shall	1210
permit that person to choose to have the public record duplicated	1211
upon paper, upon the same medium upon which the public office or	1212
person responsible for the public record keeps it, or upon any	1213
other medium upon which the public office or person responsible	1214
for the public record determines that it reasonably can be	1215
duplicated as an integral part of the normal operations of the	1216
public office or person responsible for the public record. When	1217
the person seeking the copy makes a choice under this division,	1218
the public office or person responsible for the public record	1219
shall provide a copy of it in accordance with the choice made by	1220
the person seeking the copy.	1221

(3) Upon a request made in accordance with division (B)(1)	1222
of this section, a public office or person responsible for public	1223
records shall transmit a copy of a public record to any person by	1224
United States mail within a reasonable period of time after	1225
receiving the request for the copy. The public office or person	1226
responsible for the public record may require the person making	1227
the request to pay in advance the cost of postage and other	1228
supplies used in the mailing.	1229

Any public office may adopt a policy and procedures that it	1230
will follow in transmitting, within a reasonable period of time	1231
after receiving a request, copies of public records by United	1232
States mail pursuant to this division. A public office that	1233
adopts a policy and procedures under this division shall comply	1234
with them in performing its duties under this division.	1235

In any policy and procedures adopted under this division, a	1236
public office may limit the number of records requested by a	1237
person that the office will transmit by United States mail to ten	1238
per month, unless the person certifies to the office in writing	1239
that the person does not intend to use or forward the requested	1240
records, or the information contained in them, for commercial	1241
purposes. For purposes of this division, "commercial" shall be	1242
narrowly construed and does not include reporting or gathering	1243
news, reporting or gathering information to assist citizen	1244
oversight or understanding of the operation or activities of	1245
government, or nonprofit educational research.	1246

(4) A public office or person responsible for public records	1247
is not required to permit a person who is incarcerated pursuant to	1248
a criminal conviction or a juvenile adjudication to inspect or to	1249
obtain a copy of any public record concerning a criminal	1250
investigation or prosecution or concerning what would be a	1251
criminal investigation or prosecution if the subject of the	1252
investigation or prosecution were an adult, unless the request to	1253
inspect or to obtain a copy of the record is for the purpose of	1254
acquiring information that is subject to release as a public	1255
record under this section and the judge who imposed the sentence	1256
or made the adjudication with respect to the person, or the	1257
judge's successor in office, finds that the information sought in	1258
the public record is necessary to support what appears to be a	1259
justiciable claim of the person.	1260

(5) Upon written request made and signed by a journalist on	1261
or after December 16, 1999, a public office, or person responsible	1262
for public records, having custody of the records of the agency	1263
employing a specified peace officer shall disclose to the	1264
journalist the address of the actual personal residence of the	1265
peace officer and, if the peace officer's spouse, former spouse,	1266
or child is employed by a public office, the name and address of	1267
the employer of the peace officer's spouse, former spouse, or	1268
child. The request shall include the journalist's name and title	1269
and the name and address of the journalist's employer and shall	1270
state that disclosure of the information sought would be in the	1271
public interest.	1272

As used in division (B)(5) of this section, "journalist"	1273
means a person engaged in, connected with, or employed by any news	1274
medium, including a newspaper, magazine, press association, news	1275
agency, or wire service, a radio or television station, or a	1276
similar medium, for the purpose of gathering, processing,	1277
transmitting, compiling, editing, or disseminating information for	1278
the general public.	1279

(C) If a person allegedly is aggrieved by the failure of a	1280
public office to promptly prepare a public record and to make it	1281
available to the person for inspection in accordance with division	1282
(B) of this section, or if a person who has requested a copy of a	1283
public record allegedly is aggrieved by the failure of a public	1284
office or the person responsible for the public record to make a	1285
copy available to the person allegedly aggrieved in accordance	1286
with division (B) of this section, the person allegedly aggrieved	1287
may commence a mandamus action to obtain a judgment that orders	1288
the public office or the person responsible for the public record	1289
to comply with division (B) of this section and that awards	1290
reasonable attorney's fees to the person that instituted the	1291
mandamus action. The mandamus action may be commenced in the	1292
court of common pleas of the county in which division (B) of this	1293
section allegedly was not complied with, in the supreme court	1294
pursuant to its original jurisdiction under Section 2 of Article	1295
IV, Ohio Constitution, or in the court of appeals for the	1296
appellate district in which division (B) of this section allegedly	1297
was not complied with pursuant to its original jurisdiction under	1298
Section 3 of Article IV, Ohio Constitution.	1299

(D) Chapter 1347. of the Revised Code does not limit the	1300
provisions of this section.	1301

(E)(1) The bureau of motor vehicles may adopt rules pursuant	1302
to Chapter 119. of the Revised Code to reasonably limit the number	1303
of bulk commercial special extraction requests made by a person	1304
for the same records or for updated records during a calendar	1305
year. The rules may include provisions for charges to be made for	1306
bulk commercial special extraction requests for the actual cost of	1307
the bureau, plus special extraction costs, plus ten per cent. The	1308
bureau may charge for expenses for redacting information, the	1309
release of which is prohibited by law.	1310

(2) As used in divisions (B)(3) and (E)(1) of this section:

1311

(a) "Actual cost" means the cost of depleted supplies,	1312
records storage media costs, actual mailing and alternative	1313
delivery costs, or other transmitting costs, and any direct	1314
equipment operating and maintenance costs, including actual costs	1315
paid to private contractors for copying services.	1316

(b) "Bulk commercial special extraction request" means a	1317
request for copies of a record for information in a format other	1318
than the format already available, or information that cannot be	1319
extracted without examination of all items in a records series,	1320
class of records, or data base by a person who intends to use or	1321
forward the copies for surveys, marketing, solicitation, or resale	1322
for commercial purposes. "Bulk commercial special extraction	1323
request" does not include a request by a person who gives	1324
assurance to the bureau that the person making the request does	1325
not intend to use or forward the requested copies for surveys,	1326
marketing, solicitation, or resale for commercial purposes.	1327

(c) "Commercial" means profit-seeking production, buying, or	1328
selling of any good, service, or other product.	1329

(d) "Special extraction costs" means the cost of the time	1330
spent by the lowest paid employee competent to perform the task,	1331
the actual amount paid to outside private contractors employed by	1332
the bureau, or the actual cost incurred to create computer	1333
programs to make the special extraction. "Special extraction	1334
costs" include any charges paid to a public agency for computer or	1335
records services.	1336

(3) For purposes of divisions (E)(1) and (2) of this	1337
section, "commercial surveys, marketing, solicitation, or resale"	1338
shall be narrowly construed and does not include reporting or	1339
gathering news, reporting or gathering information to assist	1340
citizen oversight or understanding of the operation or activities	1341
of government, or nonprofit educational research.	1342

Sec. 306.352.  (A) As used in this section, "felony" has the	1343
same meaning as in section 109.511 of the Revised Code.	1344

(B)(1) In the exercise of its authority under division (Y)	1345
of section 306.35 of the Revised Code, a regional transit	1346
authority shall not employ a person as a regional transit	1347
authority police officer on a permanent basis, on a temporary	1348
basis, for a probationary term, or on other than a permanent basis	1349
if the person previously has been convicted of or has pleaded	1350
guilty to a felony.	1351

(2)(a) The transit authority shall terminate the employment	1352
of a person as a regional transit authority police officer if the	1353
person does either of the following:	1354

(i) Pleads guilty to a felony;

1355

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1356
plea agreement as provided in division (D) of section 2929.29	1357
2929.43 of the Revised Code in which the police officer agrees to	1358
surrender the certificate awarded to that police officer under	1359
section 109.77 of the Revised Code.	1360

(b) The transit authority shall suspend from employment a	1361
person designated as a regional transit authority police officer	1362
if that person is convicted, after trial, of a felony. If the	1363
police officer files an appeal from that conviction and the	1364
conviction is upheld by the highest court to which the appeal is	1365
taken or if the police officer does not file a timely appeal, the	1366
transit authority shall terminate the employment of that police	1367
officer. If the police officer files an appeal that results in	1368
the police officer's acquittal of the felony or conviction of a	1369
misdemeanor, or in the dismissal of the felony charge against the	1370
police officer, the transit authority shall reinstate that police	1371
officer. A police officer who is reinstated under division	1372
(B)(2)(b) of this section shall not receive any back pay unless	1373
that officer's conviction of the felony was reversed on appeal, or	1374
the felony charge was dismissed, because the court found	1375
insufficient evidence to convict the police officer of the felony.	1376

(3) Division (B) of this section does not apply regarding an	1377
offense that was committed prior to January 1, 1997.	1378

(4) The suspension from employment, or the termination of	1379
the employment, of a regional transit authority police officer	1380
under division (B)(2) of this section shall be in accordance with	1381
Chapter 119. of the Revised Code.	1382

Sec. 311.04.  (A) As used in this section, "felony" has the	1383
same meaning as in section 109.511 of the Revised Code.	1384

(B)(1) Subject to division (C) of this section, the sheriff	1385
may appoint, in writing, one or more deputies. At the time of the	1386
appointment, the sheriff shall file the writing upon which the	1387
appointment is made with the clerk of the court of common pleas,	1388
and the clerk of the court shall enter it upon the journal of the	1389
court. The sheriff shall pay the clerk's fees for the filing and	1390
journal entry of the writing. In cases of emergency, the sheriff	1391
may request of the sheriff of another county the aid of qualified	1392
deputies serving in those other counties of the state, and, if the	1393
consent of the sheriff of that other county is received, the	1394
deputies while so assigned shall be considered to be the deputies	1395
of the sheriff of the county requesting aid. No judge of a county	1396
court or mayor shall be appointed a deputy.	1397

(2) Notwithstanding section 2335.33 of the Revised Code, the	1398
sheriff shall retain the fee charged pursuant to division (B) of	1399
section 311.37 of the Revised Code for the purpose of training	1400
deputies appointed pursuant to this section.	1401

(C)(1) The sheriff shall not appoint a person as a deputy	1402
sheriff pursuant to division (B)(1) of this section on a permanent	1403
basis, on a temporary basis, for a probationary term, or on other	1404
than a permanent basis if the person previously has been convicted	1405
of or has pleaded guilty to a felony.	1406

(2)(a) The sheriff shall terminate the employment of a	1407
deputy sheriff appointed under division (B)(1) of this section if	1408
the deputy sheriff does either of the following:	1409

(i) Pleads guilty to a felony;

1410

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1411
plea agreement as provided in division (D) of section 2929.29	1412
2929.43 of the Revised Code in which the deputy sheriff agrees to	1413
surrender the certificate awarded to the deputy sheriff under	1414
section 109.77 of the Revised Code.	1415

(b) The sheriff shall suspend from employment any deputy	1416
sheriff appointed under division (B)(1) of this section if the	1417
deputy sheriff is convicted, after trial, of a felony. If the	1418
deputy sheriff files an appeal from that conviction and the	1419
conviction is upheld by the highest court to which the appeal is	1420
taken or if the deputy sheriff does not file a timely appeal, the	1421
sheriff shall terminate the employment of that deputy sheriff. If	1422
the deputy sheriff files an appeal that results in that deputy	1423
sheriff's acquittal of the felony or conviction of a misdemeanor,	1424
or in the dismissal of the felony charge against the deputy	1425
sheriff, the sheriff shall reinstate that deputy sheriff. A	1426
deputy sheriff who is reinstated under division (C)(2)(b) of this	1427
section shall not receive any back pay unless that deputy	1428
sheriff's conviction of the felony was reversed on appeal, or the	1429
felony charge was dismissed, because the court found insufficient	1430
evidence to convict the deputy sheriff of the felony.	1431

(3) Division (C) of this section does not apply regarding an	1432
offense that was committed prior to January 1, 1997.	1433

(4) The suspension from employment, or the termination of	1434
the employment, of a deputy sheriff under division (C)(2) of this	1435
section shall be in accordance with Chapter 119. of the Revised	1436
Code.	1437

Sec. 321.44.  (A)(1) A county probation services fund shall	1438
be established in the county treasury of each county. The fund a	1439
county establishes under this division shall contain all moneys	1440
paid to the treasurer of the county under section 2951.021 of the	1441
Revised Code for deposit into the fund. The moneys paid into the	1442
fund shall be deposited by the treasurer of the county into the	1443
appropriate account established under divisions (A)(1)(a) to (d)	1444
of this section. Separate accounts shall be maintained in	1445
accordance with the following criteria in the fund a county	1446
establishes under this division:	1447

(a) If a county department of probation is established in	1448
the county, a separate account shall be maintained in the fund for	1449
the county department of probation.	1450

(b) If the judges of the court of common pleas of the county	1451
have affiliated with the judges of the court of common pleas of	1452
one or more other counties and have established a multicounty	1453
department of probation, a separate account shall be maintained in	1454
the fund for the multicounty department of probation.	1455

(c) If a department of probation is established in a	1456
county-operated municipal court that has jurisdiction within the	1457
county, a separate account shall be maintained in the fund for the	1458
municipal court department of probation.	1459

(d) If a county department of probation has not been	1460
established in the county and if the court of common pleas of the	1461
county, pursuant to section 2301.32 of the Revised Code, has	1462
entered into an agreement with the adult parole authority under	1463
which the court may place defendants on probationunder a	1464
community control sanction in charge of the authority, a separate	1465
account shall be maintained in the fund for the adult parole	1466
authority.	1467

(2) For any county, if a county department of probation is	1468
established in the county or if a department of probation is	1469
established in a county-operated municipal court that has	1470
jurisdiction within the county, the board of county commissioners	1471
of the county shall appropriate to the county department of	1472
probation or municipal court department of probation all money	1473
that is contained in the department's account in the county	1474
probation services fund established in the county for use only for	1475
specialized staff, purchase of equipment, purchase of services,	1476
reconciliation programs for offenders and victims, other treatment	1477
programs, including alcohol and drug addiction programs certified	1478
under section 3793.06 of the Revised Code, determined to be	1479
appropriate by the chief probation officer of the department of	1480
probation, and other similar probation-related expenses related to	1481
placing offenders under a community control sanction.	1482

For any county, if the judges of the court of common pleas of	1483
the county have affiliated with the judges of the court of common	1484
pleas of one or more other counties and have established a	1485
multicounty department of probation to serve the counties, the	1486
board of county commissioners of the county shall appropriate and	1487
the county treasurer shall transfer to the multicounty probation	1488
services fund established for the multicounty department of	1489
probation under division (B) of this section all money that is	1490
contained in the multicounty department of probation account in	1491
the county probation services fund established in the county for	1492
use in accordance with that division.	1493

For any county, if a county department of probation has not	1494
been established in the county and if the court of common pleas of	1495
the county, pursuant to section 2301.32 of the Revised Code, has	1496
entered into an agreement with the adult parole authority under	1497
which the court may place defendants on probationunder a	1498
community control sanction in charge of the authority, the board	1499
of county commissioners of the county shall appropriate and the	1500
county treasurer shall transfer to the adult parole authority	1501
probation services fund established under section 5149.06 of the	1502
Revised Code all money that is contained in the adult parole	1503
authority account in the county probation services fund	1504
established in the county for use in accordance with section	1505
5149.06 of the Revised Code.	1506

(B) If the judges of the courts of common pleas of two or	1507
more counties have established a multicounty department of	1508
probation, a multicounty probation services fund shall be	1509
established in the county treasury of the county whose treasurer,	1510
in accordance with section 2301.27 of the Revised Code, is	1511
designated by the judges of the courts of common pleas as the	1512
treasurer to whom monthly supervision fees are to be appropriated	1513
and transferred under division (A)(2) of this section for deposit	1514
into the fund. The fund shall contain all moneys that are paid to	1515
the treasurer of any member county under section 2951.021 of the	1516
Revised Code for deposit into the county's probation services fund	1517
and that subsequently are appropriated and transferred to the	1518
multicounty probation services fund under division (A)(2) of this	1519
section. The board of county commissioners of the county in which	1520
the multicounty probation services fund is established shall	1521
appropriate the money contained in that fund to the multicounty	1522
department of probation, for use only for specialized staff,	1523
purchase of equipment, purchase of services, reconciliation	1524
programs for offenders and victims, other treatment programs,	1525
including alcohol and drug addiction programs certified under	1526
section 3793.06 of the Revised Code, determined to be appropriate	1527
by the chief probation officer, and for other similar	1528
probation-related expenses related to placing offenders under a	1529
community control sanction.	1530

(C) Any money in a county or multicounty probation services	1531
fund at the end of a fiscal year shall not revert to the general	1532
fund of the county but shall be retained in the fund.	1533

(D) As used in this section:

1534

(1) "County-operated municipal court" has the same meaning as	1535
in section 1901.03 of the Revised Code.	1536

(2) "Multicounty department of probation" means a probation	1537
department established under section 2301.27 of the Revised Code	1538
to serve more than one county.	1539

(3)"Community control sanction" has the same meaning as in	1540
section 2929.01 of the Revised Code.	1541

Sec. 505.49.  (A) As used in this section, "felony" has the	1542
same meaning as in section 109.511 of the Revised Code.	1543

(B)(1) The township trustees by a two-thirds vote of the	1544
board may adopt rules necessary for the operation of the township	1545
police district, including a determination of the qualifications	1546
of the chief of police, patrol officers, and others to serve as	1547
members of the district police force.	1548

(2) Except as otherwise provided in division (E) of this	1549
section and subject to division (D) of this section, the township	1550
trustees by a two-thirds vote of the board shall appoint a chief	1551
of police for the district, determine the number of patrol	1552
officers and other personnel required by the district, and	1553
establish salary schedules and other conditions of employment for	1554
the employees of the township police district. The chief of	1555
police of the district shall serve at the pleasure of the township	1556
trustees and shall appoint patrol officers and other personnel	1557
that the district may require, subject to division (D) of this	1558
section and to the rules and limits as to qualifications, salary	1559
ranges, and numbers of personnel established by the township board	1560
of trustees. The township trustees may include in the township	1561
police district and under the direction and control of the chief	1562
of police, any constable appointed pursuant to section 509.01 of	1563
the Revised Code, or may designate the chief of police or any	1564
patrol officer appointed by the chief of police as a constable, as	1565
provided for in section 509.01 of the Revised Code, for the	1566
township police district.	1567

(3) Except as provided in division (D) of this section, a	1568
patrol officer, other police district employee, or police	1569
constable, who has been awarded a certificate attesting to the	1570
satisfactory completion of an approved state, county, or municipal	1571
police basic training program, as required by section 109.77 of	1572
the Revised Code, may be removed or suspended only under the	1573
conditions and by the procedures in sections 505.491 to 505.495 of	1574
the Revised Code. Any other patrol officer, police district	1575
employee, or police constable shall serve at the pleasure of the	1576
township trustees. In case of removal or suspension of an	1577
appointee by the board of township trustees, that appointee may	1578
appeal the decision of the board to the court of common pleas of	1579
the county in which the district is situated to determine the	1580
sufficiency of the cause of removal or suspension. The appointee	1581
shall take the appeal within ten days of written notice to the	1582
appointee of the decision of the board.	1583

(C) Division (B) of this section does not apply to a	1584
township that has a population of ten thousand or more persons	1585
residing within the township and outside of any municipal	1586
corporation, that has its own police department employing ten or	1587
more full-time paid employees, and that has a civil service	1588
commission established under division (B) of section 124.40 of the	1589
Revised Code. That type of township shall comply with the	1590
procedures for the employment, promotion, and discharge of police	1591
personnel provided by Chapter 124. of the Revised Code, except	1592
that the board of township trustees of the township may appoint	1593
the chief of police, and a person so appointed shall be in the	1594
unclassified service under section 124.11 of the Revised Code and	1595
shall serve at the pleasure of the board. A person appointed	1596
chief of police under these conditions who is removed by the board	1597
or who resigns from the position shall be entitled to return to	1598
the classified service in the township police department, in the	1599
position that person held previous to the person's appointment as	1600
chief of police. The board of township trustees shall determine	1601
the number of personnel required and establish salary schedules	1602
and conditions of employment not in conflict with Chapter 124. of	1603
the Revised Code. Persons employed as police personnel in that	1604
type of township on the date a civil service commission is	1605
appointed pursuant to division (B) of section 124.40 of the	1606
Revised Code, without being required to pass a competitive	1607
examination or a police training program, shall retain their	1608
employment and any rank previously granted them by action of the	1609
township trustees or otherwise, but those persons are eligible for	1610
promotion only by compliance with Chapter 124. of the Revised	1611
Code. This division does not apply to constables appointed	1612
pursuant to section 509.01 of the Revised Code. This division is	1613
subject to division (D) of this section.	1614

(D)(1) The board of township trustees shall not appoint or	1615
employ a person as a chief of police, and the chief of police	1616
shall not appoint or employ a person as a patrol officer or other	1617
peace officer of a township police district or a township police	1618
department, on a permanent basis, on a temporary basis, for a	1619
probationary term, or on other than a permanent basis if the	1620
person previously has been convicted of or has pleaded guilty to a	1621
felony.	1622

(2)(a) The board of township trustees shall terminate the	1623
appointment or employment of a chief of police, patrol officer, or	1624
other peace officer of a township police district or township	1625
police department who does either of the following:	1626

(i) Pleads guilty to a felony;

1627

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1628
plea agreement as provided in division (D) of section 2929.29	1629
2929.43 of the Revised Code in which the chief of police, patrol	1630
officer, or other peace officer of a township police district or	1631
township police department agrees to surrender the certificate	1632
awarded to that chief of police, patrol officer, or other peace	1633
officer under section 109.77 of the Revised Code.	1634

(b) The board shall suspend the appointment or employment of	1635
a chief of police, patrol officer, or other peace officer of a	1636
township police district or township police department who is	1637
convicted, after trial, of a felony. If the chief of police,	1638
patrol officer, or other peace officer of a township police	1639
district or township police department files an appeal from that	1640
conviction and the conviction is upheld by the highest court to	1641
which the appeal is taken or if no timely appeal is filed, the	1642
board shall terminate the appointment or employment of that chief	1643
of police, patrol officer, or other peace officer. If the chief	1644
of police, patrol officer, or other peace officer of a township	1645
police district or township police department files an appeal that	1646
results in that chief of police's, patrol officer's, or other	1647
peace officer's acquittal of the felony or conviction of a	1648
misdemeanor, or in the dismissal of the felony charge against the	1649
chief of police, patrol officer, or other peace officer, the board	1650
shall reinstate that chief of police, patrol officer, or other	1651
peace officer. A chief of police, patrol officer, or other peace	1652
officer of a township police district or township police	1653
department who is reinstated under division (D)(2)(b) of this	1654
section shall not receive any back pay unless the conviction of	1655
that chief of police, patrol officer, or other peace officer of	1656
the felony was reversed on appeal, or the felony charge was	1657
dismissed, because the court found insufficient evidence to	1658
convict the chief of police, patrol officer, or other peace	1659
officer of the felony.	1660

(3) Division (D) of this section does not apply regarding an	1661
offense that was committed prior to January 1, 1997.	1662

(4) The suspension or termination of the appointment or	1663
employment of a chief of police, patrol officer, or other peace	1664
officer under division (D)(2) of this section shall be in	1665
accordance with Chapter 119. of the Revised Code.	1666

(E) The board of township trustees may enter into a contract	1667
under section 505.43 or 505.50 of the Revised Code to obtain all	1668
police protection for the township police district from one or	1669
more municipal corporations, county sheriffs, or other townships.	1670
If the board enters into such a contract, subject to division (D)	1671
of this section, it may, but is not required to, appoint a police	1672
chief for the district.	1673

(F) The members of the police force of a township police	1674
district of a township that adopts the limited self-government	1675
form of township government shall serve as peace officers for the	1676
township territory included in the district.	1677

(G) A chief of police or patrol officer of a township police	1678
district, or of a township police department, may participate, as	1679
the director of an organized crime task force established under	1680
section 177.02 of the Revised Code or as a member of the	1681
investigatory staff of that task force, in an investigation of	1682
organized criminal activity in any county or counties in this	1683
state under sections 177.01 to 177.03 of the Revised Code.	1684

Sec. 509.01.  (A) As used in this section, "felony" has the	1685
same meaning as in section 109.511 of the Revised Code.	1686

(B) Subject to division (C) of this section, the board of	1687
township trustees may designate any qualified persons as police	1688
constables and may provide them with the automobiles,	1689
communication systems, uniforms, and police equipment that the	1690
board considers necessary. Except as provided in division (C) of	1691
this section, police constables designated under this division,	1692
who have been awarded a certificate attesting to the satisfactory	1693
completion of an approved state, county, or municipal police basic	1694
training program, as required by section 109.77 of the Revised	1695
Code, may be removed or suspended only under the conditions and by	1696
the procedures in sections 505.491 to 505.495 of the Revised Code.	1697
Any other police constable shall serve at the pleasure of the	1698
township trustees. In case of removal or suspension of a police	1699
constable by the board of township trustees, that police constable	1700
may appeal the decision of the board to the court of common pleas	1701
of the county to determine the sufficiency of the cause of removal	1702
or suspension. The police constable shall take the appeal within	1703
ten days of written notice to the police constable of the decision	1704
of the board. The board may pay each police constable, from the	1705
general funds of the township, the compensation that the board by	1706
resolution prescribes for the time actually spent in keeping the	1707
peace, protecting property, and performing duties as a police	1708
constable, including duties as an ex officio deputy bailiff of a	1709
municipal court pursuant to section 1901.32 of the Revised Code	1710
and duties as a ministerial officer of a county court. The police	1711
constable shall not be paid fees in addition to the compensation	1712
allowed by the board for services rendered as a police constable,	1713
including services as an ex officio deputy bailiff of a municipal	1714
court pursuant to section 1901.32 of the Revised Code and as a	1715
ministerial officer of a county court. All constable fees	1716
provided for by section 509.15 of the Revised Code, if due for	1717
services rendered while the police constable performing those	1718
services is being compensated as a police constable for that	1719
performance, shall be paid into the general fund of the township.	1720

(C)(1) The board of township trustees shall not designate a	1721
person as a police constable pursuant to division (B) of this	1722
section on a permanent basis, on a temporary basis, for a	1723
probationary term, or on other than a permanent basis if the	1724
person previously has been convicted of or has pleaded guilty to a	1725
felony.	1726

(2)(a) The board of township trustees shall terminate the	1727
employment of a police constable designated under division (B) of	1728
this section if the police constable does either of the following:	1729

(i) Pleads guilty to a felony;

1730

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1731
plea agreement as provided in division (D) of section 2929.29	1732
2929.43 of the Revised Code in which the police constable agrees	1733
to surrender the certificate awarded to the police constable under	1734
section 109.77 of the Revised Code.	1735

(b) The board shall suspend from employment a police	1736
constable designated under division (B) of this section if the	1737
police constable is convicted, after trial, of a felony. If the	1738
police constable files an appeal from that conviction and the	1739
conviction is upheld by the highest court to which the appeal is	1740
taken or if the police constable does not file a timely appeal,	1741
the board shall terminate the employment of that police constable.	1742
If the police constable files an appeal that results in that	1743
police constable's acquittal of the felony or conviction of a	1744
misdemeanor, or in the dismissal of the felony charge against the	1745
police constable, the board shall reinstate that police constable.	1746
A police constable who is reinstated under division (C)(2)(b) of	1747
this section shall not receive any back pay unless that police	1748
constable's conviction of the felony was reversed on appeal, or	1749
the felony charge was dismissed, because the court found	1750
insufficient evidence to convict the police constable of the	1751
felony.	1752

(3) Division (C) of this section does not apply regarding an	1753
offense that was committed prior to January 1, 1997.	1754

(4) The suspension from employment, or the termination of	1755
the employment, of a police constable under division (C)(2) of	1756
this section shall be in accordance with Chapter 119. of the	1757
Revised Code.	1758

Sec. 511.232.  (A) As used in this section, "felony" has the	1759
same meaning as in section 109.511 of the Revised Code.	1760

(B) The employees designated by the board of park	1761
commissioners of a township park district may enforce the laws of	1762
the state and the regulations of the board within and adjacent to	1763
the lands under the jurisdiction and control of the board or when	1764
acting as authorized by section 511.235 or 511.236 of the Revised	1765
Code. Before exercising those powers, the designated employees	1766
shall comply with the certification requirement established in	1767
section 109.77 of the Revised Code, take an oath, and give a bond	1768
to the state, in the sum that the board prescribes, for the proper	1769
performance of their duties. This division is subject to division	1770
(C) of this section.	1771

(C)(1) The board of park commissioners of a township park	1772
district shall not designate an employee as provided in division	1773
(B) of this section on a permanent basis, on a temporary basis,	1774
for a probationary term, or on other than a permanent basis if the	1775
employee previously has been convicted of or has pleaded guilty to	1776
a felony.	1777

(2)(a) The board of park commissioners of a township park	1778
district shall terminate the employment of an employee designated	1779
as provided in division (B) of this section if the employee does	1780
either of the following:	1781

(i) Pleads guilty to a felony;

1782

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1783
plea agreement as provided in division (D) of section 2929.29	1784
2929.43 of the Revised Code in which the employee agrees to	1785
surrender the certificate awarded to the employee under section	1786
109.77 of the Revised Code.	1787

(b) The board shall suspend from employment an employee	1788
designated as provided in division (B) of this section if the	1789
employee is convicted, after trial, of a felony. If the employee	1790
files an appeal from that conviction and the conviction is upheld	1791
by the highest court to which the appeal is taken or if the	1792
employee does not file a timely appeal, the board shall terminate	1793
the employment of that employee. If the employee files an appeal	1794
that results in that employee's acquittal of the felony or	1795
conviction of a misdemeanor, or in the dismissal of the felony	1796
charge against the employee, the board shall reinstate that	1797
employee. An employee who is reinstated under division (C)(2)(b)	1798
of this section shall not receive any back pay unless that	1799
employee's conviction of the felony was reversed on appeal, or the	1800
felony charge was dismissed, because the court found insufficient	1801
evidence to convict the employee of the felony.	1802

(3) Division (C) of this section does not apply regarding an	1803
offense that was committed prior to January 1, 1997.	1804

(4) The suspension from employment, or the termination of	1805
the employment, of an employee under division (C)(2) of this	1806
section shall be in accordance with Chapter 119. of the Revised	1807
Code.	1808

Sec. 737.052.  (A) As used in this section, "felony" has the	1809
same meaning as in section 109.511 of the Revised Code.	1810

(B)(1) The director of public safety shall not appoint a	1811
person as a chief of police, a member of the police department of	1812
the municipal corporation, or an auxiliary police officer on a	1813
permanent basis, on a temporary basis, for a probationary term, or	1814
on other than a permanent basis if the person previously has been	1815
convicted of or has pleaded guilty to a felony.	1816

(2)(a) The director of public safety shall terminate the	1817
employment of a chief of police, member of the police department,	1818
or auxiliary police officer who does either of the following:	1819

(i) Pleads guilty to a felony;

1820

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1821
plea agreement as provided in division (D) of section 2929.29	1822
2929.43 of the Revised Code in which the chief of police, member	1823
of the police department, or auxiliary police officer agrees to	1824
surrender the certificate awarded to the chief of police, member	1825
of the police department, or auxiliary police officer under	1826
section 109.77 of the Revised Code.	1827

(b) The director shall suspend from employment a chief of	1828
police, member of the police department, or auxiliary police	1829
officer who is convicted, after trial, of a felony. If the chief	1830
of police, member of the police department, or auxiliary police	1831
officer files an appeal from that conviction and the conviction is	1832
upheld by the highest court to which the appeal is taken or if the	1833
chief of police, member of the police department, or auxiliary	1834
police officer does not file a timely appeal, the director shall	1835
terminate that person's employment. If the chief of police,	1836
member of the police department, or auxiliary police officer files	1837
an appeal that results in that person's acquittal of the felony or	1838
conviction of a misdemeanor, or in the dismissal of the felony	1839
charge against that person, the director shall reinstate that	1840
person. A chief of police, member of the police department, or	1841
auxiliary police officer who is reinstated under division	1842
(B)(2)(b) of this section shall not receive any back pay unless	1843
that person's conviction of the felony was reversed on appeal, or	1844
the felony charge was dismissed, because the court found	1845
insufficient evidence to convict that person of the felony.	1846

(3) Division (B) of this section does not apply regarding an	1847
offense that was committed prior to January 1, 1997.	1848

(4) The suspension from employment, or the termination of	1849
the employment, of the chief of police, member of the police	1850
department, or auxiliary police officer under division (B)(2) of	1851
this section shall be in accordance with Chapter 119. of the	1852
Revised Code.	1853

Sec. 737.162.  (A) As used in this section, "felony" has the	1854
same meaning as in section 109.511 of the Revised Code.	1855

(B)(1) The mayor shall not appoint a person as a marshal, a	1856
deputy marshal, a police officer, a night watchperson, a special	1857
police officer, or an auxiliary police officer on a permanent	1858
basis, on a temporary basis, for a probationary term, or on other	1859
than a permanent basis if the person previously has been convicted	1860
of or has pleaded guilty to a felony.	1861

(2)(a) The mayor shall terminate the employment of a	1862
marshal, deputy marshal, police officer, night watchperson,	1863
special police officer, or auxiliary police officer who does	1864
either of the following:	1865

(i) Pleads guilty to a felony;

1866

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1867
plea agreement as provided in division (D) of section 2929.29	1868
2929.43 of the Revised Code in which the marshal, deputy marshal,	1869
police officer, night watchperson, special police officer, or	1870
auxiliary police officer agrees to surrender the certificate	1871
awarded to that person under section 109.77 of the Revised Code.	1872

(b) The mayor shall suspend from employment a marshal,	1873
deputy marshal, police officer, night watchperson, special police	1874
officer, or auxiliary police officer who is convicted, after	1875
trial, of a felony. If the marshal, deputy marshal, police	1876
officer, night watchperson, special police officer, or auxiliary	1877
police officer files an appeal from that conviction and the	1878
conviction is upheld by the highest court to which the appeal is	1879
taken or if that person does not file a timely appeal, the mayor	1880
shall terminate that person's employment. If the marshal, deputy	1881
marshal, police officer, night watchperson, special police	1882
officer, or auxiliary police officer files an appeal that results	1883
in that person's acquittal of the felony or conviction of a	1884
misdemeanor, or in the dismissal of the felony charge against that	1885
person, the mayor shall reinstate that person. A marshal, deputy	1886
marshal, police officer, night watchperson, special police	1887
officer, or auxiliary police officer who is reinstated under	1888
division (B)(2)(b) of this section shall not receive any back pay	1889
unless that person's conviction of the felony was reversed on	1890
appeal, or the felony charge was dismissed, because the court	1891
found insufficient evidence to convict that person of the felony.	1892

(3) Division (B) of this section does not apply regarding an	1893
offense that was committed prior to January 1, 1997.	1894

(4) The suspension from employment, or the termination of	1895
the employment, of a marshal, deputy marshal, police officer,	1896
night watchperson, special police officer, or auxiliary police	1897
officer under division (B)(2) of this section shall be in	1898
accordance with Chapter 119. of the Revised Code.	1899

Sec. 737.41.  (A) The legislative authority of a municipal	1900
corporation in which is established a municipal court, other than	1901
a county-operated municipal court, that has a department of	1902
probation shall establish in the municipal treasury a municipal	1903
probation services fund. The fund shall contain all moneys paid	1904
to the treasurer of the municipal corporation under section	1905
2951.021 of the Revised Code for deposit into the fund. The	1906
treasurer of the municipal corporation shall disburse the money	1907
contained in the fund at the request of the municipal court	1908
department of probation, for use only by that department for	1909
specialized staff, purchase of equipment, purchase of services,	1910
reconciliation programs for offenders and victims, other treatment	1911
programs, including alcohol and drug addiction programs certified	1912
under section 3793.06 of the Revised Code, determined to be	1913
appropriate by the chief probation officer, and other similar	1914
probation-related expenses related to placing offenders under a	1915
community control sanction.	1916

(B) Any money in a municipal probation services fund at the	1917
end of a fiscal year shall not revert to the treasury of the	1918
municipal corporation but shall be retained in the fund.	1919

(C) As used in this section, "county-operated:

1920

(1) "County-operated municipal court" has the same meaning as	1921
in section 1901.03 of the Revised Code.	1922

(2) "Community control sanction" has the same meaning as in	1923
section 2929.01 of the Revised Code.	1924

Sec. 1501.013.  (A) Subject to division (B) of this section,	1925
the director of natural resources may designate an employee of the	1926
department of natural resources as a natural resources law	1927
enforcement staff officer. Such an officer may do any or all of	1928
the following:	1929

(1) Coordinate the law enforcement activities, training, and	1930
policies of the department;	1931

(2) Serve as the department's liaison with other law	1932
enforcement agencies and jurisdictions and as the director's	1933
representative regarding law enforcement activities;	1934

(3) Conduct internal investigations of employees of the	1935
department as necessary;	1936

(4) Perform other functions related to the department's law	1937
enforcement activities, training, and policies that the director	1938
assigns to the officer.	1939

A natural resources law enforcement staff officer, on any	1940
lands or waters owned, controlled, maintained, or administered by	1941
the department, has the authority specified under section 2935.03	1942
of the Revised Code for peace officers of the department of	1943
natural resources to keep the peace, to enforce all laws and rules	1944
governing those lands and waters, and to make arrests for	1945
violation of those laws and rules.	1946

The governor, upon the recommendation of the director, shall	1947
issue to a natural resources law enforcement staff officer a	1948
commission indicating authority to make arrests as provided in	1949
division (A) of this section.	1950

The director shall furnish a suitable badge to a commissioned	1951
natural resources law enforcement staff officer as evidence of	1952
that officer's authority.	1953

(B)(1) As used in division (B) of this section, "felony" has	1954
the same meaning as in section 109.511 of the Revised Code.	1955

(2) The director shall not designate a person as a natural	1956
resources law enforcement staff officer under division (A) of this	1957
section on a permanent basis, on a temporary basis, for a	1958
probationary term, or on other than a permanent basis if the	1959
person previously has been convicted of or has pleaded guilty to a	1960
felony.	1961

(3) The director shall terminate the employment as a natural	1962
resources law enforcement staff officer of a person designated as	1963
such an officer if that person does either of the following:	1964

(a) Pleads guilty to a felony;

1965

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	1966
plea agreement as provided in division (D) of section 2929.29	1967
2929.43 of the Revised Code in which the natural resources law	1968
enforcement staff officer agrees to surrender the certificate	1969
awarded to that officer under section 109.77 of the Revised Code.	1970

(4) The director shall suspend from employment as a natural	1971
resources law enforcement staff officer a person designated as	1972
such an officer if that person is convicted, after trial, of a	1973
felony. If the natural resources law enforcement staff officer	1974
files an appeal from that conviction and the conviction is upheld	1975
by the highest court to which the appeal is taken, or if the	1976
officer does not file a timely appeal, the director shall	1977
terminate the employment of the natural resources law enforcement	1978
staff officer. If the natural resources law enforcement staff	1979
officer files an appeal that results in the officer's acquittal of	1980
the felony or conviction of a misdemeanor, or in the dismissal of	1981
the felony charge against the officer, the director shall	1982
reinstate the natural resources law enforcement staff officer. A	1983
natural resources law enforcement staff officer who is reinstated	1984
under division (B)(4) of this section shall not receive any back	1985
pay unless the officer's conviction of the felony was reversed on	1986
appeal, or the felony charge was dismissed, because the court	1987
found insufficient evidence to convict the officer of the felony.	1988

(5) Division (B) of this section does not apply regarding an	1989
offense that was committed prior to January 1, 1999.	1990

(6) The suspension from employment, or the termination of	1991
the employment, of a natural resources law enforcement staff	1992
officer under division (B)(3) or (4) of this section shall be in	1993
accordance with Chapter 119. of the Revised Code.	1994

Sec. 1503.29.  (A) As used in this section, "felony" has the	1995
same meaning as in section 109.511 of the Revised Code.	1996

(B)(1) Subject to division (D) of this section, any person	1997
employed by the chief of the division of forestry for	1998
administrative service in a state forest may be designated by the	1999
chief and known as a forest officer. A forest officer, on any	2000
lands or waters owned, controlled, maintained, or administered by	2001
the department of natural resources and on highways, as defined in	2002
section 4511.01 of the Revised Code, adjacent to lands and waters	2003
owned, controlled, maintained, or administered by the division of	2004
forestry, has the authority specified under section 2935.03 of the	2005
Revised Code for peace officers of the department of natural	2006
resources to keep the peace, to enforce all laws and rules	2007
governing those lands and waters, and to make arrests for	2008
violation of those laws and rules, provided that the authority	2009
shall be exercised on lands or waters administered by another	2010
division of the department only pursuant to an agreement with the	2011
chief of that division or to a request for assistance by an	2012
enforcement officer of that division in an emergency.	2013

(2) A forest officer, in or along any watercourse within,	2014
abutting, or upstream from the boundary of any area administered	2015
by the department, has the authority to enforce section 3767.32 of	2016
the Revised Code and other laws prohibiting the dumping of refuse	2017
into or along waters and to make arrests for violation of those	2018
laws. The jurisdiction of forest officers shall be concurrent	2019
with that of the peace officers of the county, township, or	2020
municipal corporation in which the violation occurs.	2021

(3) A forest officer may enter upon private and public lands	2022
to investigate an alleged violation of, and may enforce, this	2023
chapter and sections 2909.02, 2909.03, and 2909.06 of the Revised	2024
Code when the alleged violation or other act pertains to forest	2025
fires.	2026

(C)(1) A forest officer may render assistance to a state or	2027
local law enforcement officer at the request of that officer or	2028
may render assistance to a state or local law enforcement officer	2029
in the event of an emergency. Forest officers serving outside the	2030
division of forestry under this section or serving under the terms	2031
of a mutual aid compact authorized under section 1501.02 of the	2032
Revised Code shall be considered as performing services within	2033
their regular employment for the purposes of compensation, pension	2034
or indemnity fund rights, workers' compensation, and other rights	2035
or benefits to which they may be entitled as incidents of their	2036
regular employment.	2037

(2) Forest officers serving outside the division of forestry	2038
under this section or under a mutual aid compact retain personal	2039
immunity from civil liability as specified in section 9.86 of the	2040
Revised Code and shall not be considered an employee of a	2041
political subdivision for purposes of Chapter 2744. of the Revised	2042
Code. A political subdivision that uses forest officers under	2043
this section or under the terms of a mutual aid compact authorized	2044
under section 1501.02 of the Revised Code is not subject to civil	2045
liability under Chapter 2744. of the Revised Code as the result of	2046
any action or omission of any forest officer acting under this	2047
section or under a mutual aid compact.	2048

(D)(1) The chief of the division of forestry shall not	2049
designate a person as a forest officer pursuant to division (B)(1)	2050
of this section on a permanent basis, on a temporary basis, for a	2051
probationary term, or on other than a permanent basis if the	2052
person previously has been convicted of or has pleaded guilty to a	2053
felony.	2054

(2)(a) The chief of the division of forestry shall terminate	2055
the employment as a forest officer of a person designated as a	2056
forest officer under division (B)(1) of this section if that	2057
person does either of the following:	2058

(i) Pleads guilty to a felony;

2059

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2060
plea agreement as provided in division (D) of section 2929.29	2061
2929.43 of the Revised Code in which the forest officer agrees to	2062
surrender the certificate awarded to the forest officer under	2063
section 109.77 of the Revised Code.	2064

(b) The chief shall suspend from employment as a forest	2065
officer a person designated as a forest officer under division	2066
(B)(1) of this section if that person is convicted, after trial,	2067
of a felony. If the forest officer files an appeal from that	2068
conviction and the conviction is upheld by the highest court to	2069
which the appeal is taken or if the forest officer does not file a	2070
timely appeal, the chief shall terminate the employment of that	2071
forest officer. If the forest officer files an appeal that	2072
results in that forest officer's acquittal of the felony or	2073
conviction of a misdemeanor, or in the dismissal of the felony	2074
charge against the forest officer, the chief shall reinstate that	2075
forest officer. A forest officer who is reinstated under division	2076
(D)(2)(b) of this section shall not receive any back pay unless	2077
that forest officer's conviction of the felony was reversed on	2078
appeal, or the felony charge was dismissed, because the court	2079
found insufficient evidence to convict the forest officer of the	2080
felony.	2081

(3) Division (D) of this section does not apply regarding an	2082
offense that was committed prior to January 1, 1997.	2083

(4) The suspension from employment, or the termination of	2084
the employment, of a forest officer under division (D)(2) of this	2085
section shall be in accordance with Chapter 119. of the Revised	2086
Code.	2087

Sec. 1517.10.  (A) As used in this section, "felony" has the	2088
same meaning as in section 109.511 of the Revised Code.	2089

(B)(1) Any person selected by the chief of the division of	2090
natural areas and preserves for custodial or patrol service on the	2091
lands and waters operated or administered by the division shall be	2092
employed in conformity with the law applicable to the classified	2093
civil service of the state. Subject to division (C) of this	2094
section, the chief may designate that person as a preserve	2095
officer. A preserve officer, in any nature preserve, in any	2096
natural area owned or managed through easement, license, or lease	2097
by the department of natural resources and administered by the	2098
division, and on lands owned or managed through easement, license,	2099
or lease by the department and administered by the division that	2100
are within or adjacent to any wild, scenic, or recreational river	2101
area established under this chapter and along any trail	2102
established under Chapter 1519. of the Revised Code, has the	2103
authority specified under section 2935.03 of the Revised Code for	2104
peace officers of the department of natural resources to keep the	2105
peace, to enforce all laws and rules governing those lands and	2106
waters, and to make arrests for violation of those laws and rules,	2107
provided that the authority shall be exercised on lands or waters	2108
administered by another division of the department only pursuant	2109
to an agreement with the chief of that division or to a request	2110
for assistance by an enforcement officer of that division in an	2111
emergency. A preserve officer, in or along any watercourse	2112
within, abutting, or upstream from the boundary of any area	2113
administered by the department, has the authority to enforce	2114
section 3767.32 of the Revised Code and any other laws prohibiting	2115
the dumping of refuse into or along waters and to make arrests for	2116
violation of those laws. The jurisdiction of a preserve officer	2117
shall be concurrent with that of the peace officers of the county,	2118
township, or municipal corporation in which the violation occurs.	2119

The governor, upon the recommendation of the chief, shall	2120
issue to each preserve officer a commission indicating authority	2121
to make arrests as provided in this section.	2122

The chief shall furnish a suitable badge to each commissioned	2123
preserve officer as evidence of the preserve officer's authority.	2124

(2) If any person employed under this section is designated	2125
by the chief to act as an agent of the state in the collection of	2126
money resulting from the sale of licenses, fees of any nature, or	2127
other money belonging to the state, the chief shall require a	2128
surety bond from the person in an amount not less than one	2129
thousand dollars.	2130

(C)(1) The chief of the division of natural areas and	2131
preserves shall not designate a person as a preserve officer	2132
pursuant to division (B)(1) of this section on a permanent basis,	2133
on a temporary basis, for a probationary term, or on other than a	2134
permanent basis if the person previously has been convicted of or	2135
has pleaded guilty to a felony.	2136

(2)(a) The chief of the division of natural areas and	2137
preserves shall terminate the employment as a preserve officer of	2138
a person designated as a preserve officer under division (B)(1) of	2139
this section if that person does either of the following:	2140

(i) Pleads guilty to a felony;

2141

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2142
plea agreement as provided in division (D) of section 2929.29	2143
2929.43 of the Revised Code in which the preserve officer agrees	2144
to surrender the certificate awarded to the preserve officer under	2145
section 109.77 of the Revised Code.	2146

(b) The chief shall suspend from employment as a preserve	2147
officer a person designated as a preserve officer under division	2148
(B)(1) of this section if that person is convicted, after trial,	2149
of a felony. If the preserve officer files an appeal from that	2150
conviction and the conviction is upheld by the highest court to	2151
which the appeal is taken or if the preserve officer does not file	2152
a timely appeal, the chief shall terminate the employment of that	2153
preserve officer. If the preserve officer files an appeal that	2154
results in the preserve officer's acquittal of the felony or	2155
conviction of a misdemeanor, or in the dismissal of the felony	2156
charge against the preserve officer, the chief shall reinstate	2157
that preserve officer. A preserve officer who is reinstated under	2158
division (C)(2)(b) of this section shall not receive any back pay	2159
unless that preserve officer's conviction of the felony was	2160
reversed on appeal, or the felony charge was dismissed, because	2161
the court found insufficient evidence to convict the preserve	2162
officer of the felony.	2163

(3) Division (C) of this section does not apply regarding an	2164
offense that was committed prior to January 1, 1997.	2165

(4) The suspension from employment, or the termination of	2166
the employment, of a preserve officer under division (C)(2) of	2167
this section shall be in accordance with Chapter 119. of the	2168
Revised Code.	2169

Sec. 1531.132.  (A) As used in this section, "felony" has	2170
the same meaning as in section 109.511 of the Revised Code.	2171

(B)(1) The chief of the division of wildlife shall not	2172
designate a person as a game protector on a permanent basis, on a	2173
temporary basis, for a probationary term, or on other than a	2174
permanent basis if the person previously has been convicted of or	2175
has pleaded guilty to a felony.	2176

(2)(a) The chief of the division of wildlife shall terminate	2177
the employment of a person as a game protector if that person does	2178
either of the following:	2179

(i) Pleads guilty to a felony;

2180

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2181
plea agreement as provided in division (D) of section 2929.29	2182
2929.43 of the Revised Code in which the game protector agrees to	2183
surrender the certificate awarded to the game protector under	2184
section 109.77 of the Revised Code.	2185

(b) The chief shall suspend from employment as a game	2186
protector a person designated as a game protector if that person	2187
is convicted, after trial, of a felony. If the game protector	2188
files an appeal from that conviction and the conviction is upheld	2189
by the highest court to which the appeal is taken or if the game	2190
protector does not file a timely appeal, the chief shall terminate	2191
the employment of that game protector. If the game protector	2192
files an appeal that results in the game protector's acquittal of	2193
the felony or conviction of a misdemeanor, or in the dismissal of	2194
the felony charge against the game protector, the chief shall	2195
reinstate that game protector. A game protector who is reinstated	2196
under division (B)(2)(b) of this section shall not receive any	2197
back pay unless that game protector's conviction of the felony was	2198
reversed on appeal, or the felony charge was dismissed, because	2199
the court found insufficient evidence to convict the game	2200
protector of the felony.	2201

(3) Division (B) of this section does not apply regarding an	2202
offense that was committed prior to January 1, 1997.	2203

(4) The suspension from employment, or the termination of	2204
the employment, of a game protector under division (B)(2) of this	2205
section shall be in accordance with Chapter 119. of the Revised	2206
Code.	2207

Sec. 1541.11.  (A) As used in this section, "felony" has the	2208
same meaning as in section 109.511 of the Revised Code.	2209

(B)(1) The chief of the division of parks and recreation	2210
shall not designate a person as a park officer under section	2211
1541.10 of the Revised Code on a permanent basis, on a temporary	2212
basis, for a probationary term, or on other than a permanent basis	2213
if the person previously has been convicted of or has pleaded	2214
guilty to a felony.	2215

(2)(a) The chief of the division of parks and recreation	2216
shall terminate the employment as a park officer of a person	2217
designated as a park officer under section 1541.10 of the Revised	2218
Code if that person does either of the following:	2219

(i) Pleads guilty to a felony;

2220

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2221
plea agreement as provided in division (D) of section 2929.29	2222
2929.43 of the Revised Code in which the park officer agrees to	2223
surrender the certificate awarded to the park officer under	2224
section 109.77 of the Revised Code.	2225

(b) The chief shall suspend from employment as a park	2226
officer a person designated as a park officer if that person is	2227
convicted, after trial, of a felony. If the park officer files an	2228
appeal from that conviction and the conviction is upheld by the	2229
highest court to which the appeal is taken or if the park officer	2230
does not file a timely appeal, the chief shall terminate the	2231
employment of that park officer. If the park officer files an	2232
appeal that results in the park officer's acquittal of the felony	2233
or conviction of a misdemeanor, or in the dismissal of the felony	2234
charge against the park officer, the chief shall reinstate that	2235
park officer. A park officer who is reinstated under division	2236
(B)(2)(b) of this section shall not receive any back pay unless	2237
that park officer's conviction of the felony was reversed on	2238
appeal, or the felony charge was dismissed, because the court	2239
found insufficient evidence to convict the park officer of the	2240
felony.	2241

(3) Division (B) of this section does not apply regarding an	2242
offense that was committed prior to January 1, 1997.	2243

(4) The suspension from employment, or the termination of	2244
the employment, of a park officer under division (B)(2) of this	2245
section shall be in in accordance with Chapter 119. of the Revised	2246
Code.	2247

Sec. 1545.13.  (A) As used in this section, "felony" has the	2248
same meaning as in section 109.511 of the Revised Code.	2249

(B) The employees that the board of park commissioners	2250
designates for that purpose may exercise all the powers of police	2251
officers within and adjacent to the lands under the jurisdiction	2252
and control of the board or when acting as authorized by section	2253
1545.131 or 1545.132 of the Revised Code. Before exercising the	2254
powers of police officers, the designated employees shall comply	2255
with the certification requirement established in section 109.77	2256
of the Revised Code, take an oath, and give a bond to the state in	2257
the sum that the board prescribes, for the proper performance of	2258
their duties in that respect. This division is subject to division	2259
(C) of this section.	2260

(C)(1) The board of park commissioners shall not designate	2261
an employee as provided in division (B) of this section on a	2262
permanent basis, on a temporary basis, for a probationary term, or	2263
on other than a permanent basis if the employee previously has	2264
been convicted of or has pleaded guilty to a felony.	2265

(2)(a) The board of park commissioners shall terminate the	2266
employment of an employee designated as provided in division (B)	2267
of this section if the employee does either of the following:	2268

(i) Pleads guilty to a felony;

2269

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2270
plea agreement as provided in division (D) of section 2929.29	2271
2929.43 of the Revised Code in which the employee agrees to	2272
surrender the certificate awarded to the employee under section	2273
109.77 of the Revised Code.	2274

(b) The board shall suspend from employment an employee	2275
designated as provided in division (B) of this section if the	2276
employee is convicted, after trial, of a felony. If the employee	2277
files an appeal from that conviction and the conviction is upheld	2278
by the highest court to which the appeal is taken or if the	2279
employee does not file a timely appeal, the board shall terminate	2280
the employment of that employee. If the employee files an appeal	2281
that results in the employee's acquittal of the felony or	2282
conviction of a misdemeanor, or in the dismissal of the felony	2283
charge against the employee, the board shall reinstate that	2284
employee. An employee who is reinstated under division (C)(2)(b)	2285
of this section shall not receive any back pay unless that	2286
employee's conviction of the felony was reversed on appeal, or the	2287
felony charge was dismissed, because the court found insufficient	2288
evidence to convict the employee of the felony.	2289

(3) Division (C) of this section does not apply regarding an	2290
offense that was committed prior to January 1, 1995.	2291

(4) The suspension from employment, or the termination of	2292
the employment, of an employee under division (C)(2) of this	2293
section shall be in accordance with Chapter 119. of the Revised	2294
Code.	2295

Sec. 1547.523.  (A) As used in this section, "felony" has	2296
the same meaning as in section 109.511 of the Revised Code.	2297

(B)(1) The chief of the division of watercraft shall not	2298
appoint a person as a state watercraft officer on a permanent	2299
basis, on a temporary basis, for a probationary term, or on other	2300
than a permanent basis if the person previously has been convicted	2301
of or has pleaded guilty to a felony.	2302

(2)(a) The chief of the division of watercraft shall	2303
terminate the employment of a state watercraft officer who does	2304
either of the following:	2305

(i) Pleads guilty to a felony;

2306

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2307
plea agreement as provided in division (D) of section 2929.29	2308
2929.43 of the Revised Code in which the state watercraft officer	2309
agrees to surrender the certificate awarded to that officer under	2310
section 109.77 of the Revised Code.	2311

(b) The chief shall suspend from employment a state	2312
watercraft officer who is convicted, after trial, of a felony. If	2313
the state watercraft officer files an appeal from that conviction	2314
and the conviction is upheld by the highest court to which the	2315
appeal is taken or if the state watercraft officer does not file a	2316
timely appeal, the chief shall terminate the employment of that	2317
state watercraft officer. If the state watercraft officer files	2318
an appeal that results in the state watercraft officer's acquittal	2319
of the felony or conviction of a misdemeanor, or in the dismissal	2320
of the felony charge against the state watercraft officer, the	2321
chief shall reinstate that state watercraft officer. A state	2322
watercraft officer who is reinstated under division (B)(2)(b) of	2323
this section shall not receive any back pay unless that state	2324
watercraft officer's conviction of the felony was reversed on	2325
appeal, or the felony charge was dismissed, because the court	2326
found insufficient evidence to convict the state watercraft	2327
officer of the felony.	2328

(3) Division (B) of this section does not apply regarding an	2329
offense that was committed prior to January 1, 1997.	2330

(4) The suspension from employment, or the termination of	2331
the employment, of a state watercraft officer under division	2332
(B)(2) of this section shall be in accordance with Chapter 119. of	2333
the Revised Code.	2334

Sec. 1547.99.  (A) Whoever violates section 1547.91 of the	2335
Revised Code is guilty of a felony of the fourth degree.	2336

(B) Whoever violates section 1547.10, division (I) of	2337
section 1547.111, section 1547.13, or section 1547.66 of the	2338
Revised Code is guilty of a misdemeanor of the first degree.	2339

(C) Whoever violates a provision of this chapter or a rule	2340
adopted thereunder, for which no penalty is otherwise provided, is	2341
guilty of a minor misdemeanor.	2342

(D) Whoever violates section 1547.07 or 1547.12 of the	2343
Revised Code without causing injury to persons or damage to	2344
property is guilty of a misdemeanor of the fourth degree.	2345

(E) Whoever violates section 1547.07 or 1547.12 of the	2346
Revised Code causing injury to persons or damage to property is	2347
guilty of a misdemeanor of the third degree.	2348

(F) Whoever violates division (M) of section 1547.54,	2349
division (G) of section 1547.30, or section 1547.131, 1547.25,	2350
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	2351
of the Revised Code or a rule adopted under division (A)(2) of	2352
section 1547.52 of the Revised Code is guilty of a misdemeanor of	2353
the fourth degree.	2354

(G) Whoever violates section 1547.11 of the Revised Code is	2355
guilty of a misdemeanor of the first degree and shall be punished	2356
as provided in division (G)(1), (2), or (3) of this section.	2357

(1) Except as otherwise provided in division (G)(2) or (3)	2358
of this section, the court shall sentence the offender to a jail	2359
term of imprisonment of three consecutive days and may sentence	2360
the offender pursuant to section 2929.212929.24 of the Revised	2361
Code to a longer jail term of imprisonment. In addition, the	2362
court shall impose upon the offender a fine of not less than one	2363
hundred fifty nor more than one thousand dollars.	2364

The court may suspend the execution of the mandatory jail	2365
term of three consecutive days of imprisonment that it is required	2366
to impose by division (G)(1) of this section if the court, in lieu	2367
of the suspended jail term of imprisonment, places the offender on	2368
probationunder a community control sanction pursuant to section	2369
2929.25 of the Revised Code and requires the offender to attend,	2370
for three consecutive days, a drivers' intervention program that	2371
is certified pursuant to section 3793.10 of the Revised Code. The	2372
court also may suspend the execution of any part of the mandatory	2373
jail term of three consecutive days of imprisonment that it is	2374
required to impose by division (G)(1) of this section if the court	2375
places the offender on probationunder a community control	2376
sanction pursuant to section 2929.25 of the Revised Code for part	2377
of the three consecutive days; requires the offender to attend,	2378
for that part of the three consecutive days, a drivers'	2379
intervention program that is certified pursuant to section 3793.10	2380
of the Revised Code; and sentences the offender to a jail term of	2381
imprisonment equal to the remainder of the three consecutive days	2382
that the offender does not spend attending the drivers'	2383
intervention program. The court may require the offender, as a	2384
condition of probationcommunity control, to attend and	2385
satisfactorily complete any treatment or education programs, in	2386
addition to the required attendance at a drivers' intervention	2387
program, that the operators of the drivers' intervention program	2388
determine that the offender should attend and to report	2389
periodically to the court on the offender's progress in the	2390
programs. The court also may impose any other conditions of	2391
probationcommunity control on the offender that it considers	2392
necessary.	2393

(2) If, within five years of the offense, the offender has	2394
been convicted of or pleaded guilty to one violation of section	2395
1547.11 of the Revised Code, of a municipal ordinance relating to	2396
operating a watercraft or manipulating any water skis, aquaplane,	2397
or similar device while under the influence of alcohol, a drug of	2398
abuse, or alcohol and a drug of abuse, of a municipal ordinance	2399
relating to operating a watercraft or manipulating any water skis,	2400
aquaplane, or similar device with a prohibited concentration of	2401
alcohol in the blood, breath, or urine, of division (A)(1) of	2402
section 2903.06 of the Revised Code, or of division (A)(2), (3),	2403
or (4) of section 2903.06 of the Revised Code or former section	2404
2903.06 or 2903.07 of the Revised Code in a case in which the jury	2405
or judge found that the offender was under the influence of	2406
alcohol, a drug of abuse, or alcohol and a drug of abuse, the	2407
court shall sentence the offender to a jail term of imprisonment	2408
of ten consecutive days and may sentence the offender pursuant to	2409
section 2929.212929.24 of the Revised Code to a longer jail term	2410
of imprisonment. In addition, the court shall impose upon the	2411
offender a fine of not less than one hundred fifty nor more than	2412
one thousand dollars.	2413

In addition to any other sentence that it imposes upon the	2414
offender, the court may require the offender to attend a drivers'	2415
intervention program that is certified pursuant to section 3793.10	2416
of the Revised Code.	2417

(3) If, within five years of the offense, the offender has	2418
been convicted of or pleaded guilty to more than one violation	2419
identified in division (G)(2) of this section, the court shall	2420
sentence the offender to a jail term of imprisonment of thirty	2421
consecutive days and may sentence the offender to a longer jail	2422
term of imprisonment of not more than one year. In addition, the	2423
court shall impose upon the offender a fine of not less than one	2424
hundred fifty nor more than one thousand dollars.	2425

In addition to any other sentence that it imposes upon the	2426
offender, the court may require the offender to attend a drivers'	2427
intervention program that is certified pursuant to section 3793.10	2428
of the Revised Code.	2429

(4) Upon a showing that imprisonmentserving a jail term	2430
would seriously affect the ability of an offender sentenced	2431
pursuant to division (G)(1), (2), or (3) of this section to	2432
continue the offender's employment, the court may authorize that	2433
the offender be granted work release from imprisonment after the	2434
offender has served the mandatory jail term of three, ten, or	2435
thirty consecutive days of imprisonment that the court is required	2436
by division (G)(1), (2), or (3) of this section to impose. No	2437
court shall authorize work release from imprisonment during the	2438
mandatory jail term of three, ten, or thirty consecutive days of	2439
imprisonment that the court is required by division (G)(1), (2),	2440
or (3) of this section to impose. The duration of the work	2441
release shall not exceed the time necessary each day for the	2442
offender to commute to and from the place of employment and the	2443
place of imprisonmentin which the jail term is served and the	2444
time actually spent under employment.	2445

(5) Notwithstanding any section of the Revised Code that	2446
authorizes the suspension of the imposition or execution of a	2447
sentence or the placement of an offender in any treatment program	2448
in lieu of imprisonment, no court shall suspend the mandatory jail	2449
term of ten or thirty consecutive days of imprisonment required to	2450
be imposed by division (G)(2) or (3) of this section or place an	2451
offender who is sentenced pursuant to division (G)(2) or (3) of	2452
this section in any treatment program in lieu of imprisonment	2453
until after the offender has served the mandatory jail term of ten	2454
or thirty consecutive days of imprisonment required to be imposed	2455
pursuant to division (G)(2) or (3) of this section.	2456
Notwithstanding any section of the Revised Code that authorizes	2457
the suspension of the imposition or execution of a sentence or the	2458
placement of an offender in any treatment program in lieu of	2459
imprisonment, no court, except as specifically authorized by	2460
division (G)(1) of this section, shall suspend the mandatory jail	2461
term of three consecutive days of imprisonment required to be	2462
imposed by division (G)(1) of this section or place an offender	2463
who is sentenced pursuant to division (G)(1) of this section in	2464
any treatment program in lieu of imprisonment until after the	2465
offender has served the mandatory jail term of three consecutive	2466
days of imprisonment required to be imposed pursuant to division	2467
(G)(1) of this section.	2468

(H) Whoever violates section 1547.304 of the Revised Code is	2469
guilty of a misdemeanor of the fourth degree and also shall be	2470
assessed any costs incurred by the state or a county, township,	2471
municipal corporation, or other political subdivision in disposing	2472
of an abandoned junk vessel or outboard motor, less any money	2473
accruing to the state, county, township, municipal corporation, or	2474
other political subdivision from that disposal.	2475

(I) Whoever violates division (B) or (C) of section 1547.49	2476
of the Revised Code is guilty of a minor misdemeanor.	2477

(J) Whoever violates section 1547.31 of the Revised Code is	2478
guilty of a misdemeanor of the fourth degree on a first offense.	2479
On each subsequent offense, the person is guilty of a misdemeanor	2480
of the third degree.	2481

(K) Whoever violates section 1547.05 or 1547.051 of the	2482
Revised Code is guilty of a misdemeanor of the fourth degree if	2483
the violation is not related to a collision, injury to a person,	2484
or damage to property and a misdemeanor of the third degree if the	2485
violation is related to a collision, injury to a person, or damage	2486
to property.	2487

(L) The sentencing court, in addition to the penalty	2488
provided under this section for a violation of this chapter or a	2489
rule adopted under it that involves a powercraft powered by more	2490
than ten horsepower and that, in the opinion of the court,	2491
involves a threat to the safety of persons or property, shall	2492
order the offender to complete successfully a boating course	2493
approved by the national association of state boating law	2494
administrators before the offender is allowed to operate a	2495
powercraft powered by more than ten horsepower on the waters in	2496
this state. Violation of a court order entered under this	2497
division is punishable as contempt under Chapter 2705. of the	2498
Revised Code.	2499

Sec. 1702.80.  (A) As used in this section:

2500

(1) "Qualified nonprofit corporation" means a nonprofit	2501
corporation that is established under this chapter and to which	2502
all of the following apply:	2503

(a) The nonprofit corporation is a tax-exempt charitable	2504
organization;	2505

(b) The nonprofit corporation has other organizations as	2506
members, and at least twenty of its members are tax-exempt	2507
charitable organizations;	2508

(c) The nonprofit corporation, together with its members	2509
that are organizations, owns, leases, occupies, or uses an area of	2510
not less than three hundred acres within which its police	2511
department established under division (B) of this section will	2512
provide police services;	2513

(d) The chief of police of each municipal corporation within	2514
which the police department of the nonprofit corporation will be	2515
eligible to provide police services has given approval for persons	2516
who are appointed as police officers of that department to carry	2517
out their powers and duties as police officers.	2518

(2) "Authorizing agreement" means the written agreement	2519
entered into between a qualified nonprofit corporation and a	2520
municipal corporation pursuant to division (B) of this section for	2521
the provision of police services within the municipal corporation	2522
by the police department of the nonprofit corporation established	2523
under division (B) of this section.	2524

(3) "Tax exempt" means that a corporation or organization is	2525
exempt from federal income taxation under subsection 501(a) and is	2526
described in subsection 501(c)(3) of the Internal Revenue Code,	2527
and that the corporation or organization has received from the	2528
internal revenue service a determination letter that currently is	2529
in effect stating that the corporation or organization is exempt	2530
from federal income taxation under that subsection and is	2531
described in that subsection.	2532

(4) "Internal Revenue Code" means the "Internal Revenue Code	2533
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	2534

(5) "Felony" has the same meaning as in section 109.511 of	2535
the Revised Code.	2536

(B) A qualified nonprofit corporation may establish a police	2537
department to provide police services, subject to the requirements	2538
and limitations set forth in this division and divisions (C) and	2539
(D) of this section, within one or more municipal corporations.	2540
Subject to division (E) of this section, the board of trustees of	2541
a qualified nonprofit corporation that establishes a police	2542
department may appoint persons as police officers of the	2543
department, and the corporation may employ the persons so	2544
appointed as police officers.	2545

A person so appointed and employed as a police officer is	2546
authorized to act as a police officer only to the extent and in	2547
the manner described in this section and only when directly	2548
engaged in the discharge of that person's duties as a police	2549
officer for the qualified nonprofit corporation. No person so	2550
appointed and employed as a police officer shall engage in any	2551
duties or activities as a police officer for a police department	2552
established by a qualified nonprofit corporation unless both of	2553
the following apply:	2554

(1) The person successfully has completed a training program	2555
approved by the Ohio peace officer training commission and has	2556
been certified by the commission as having successfully completed	2557
the training program, or the person previously has successfully	2558
completed a police officer basic training program certified by the	2559
commission and has been awarded a certificate to that effect by	2560
the commission.	2561

(2) The qualified nonprofit corporation has entered into a	2562
written authorizing agreement, as described in division (C) of	2563
this section, with the chief of police of each municipal	2564
corporation within which the police department of the qualified	2565
nonprofit corporation will provide police services.	2566

(C) An authorizing agreement entered into between a	2567
qualified nonprofit corporation and a chief of police of a	2568
municipal corporation shall apply only to the agreeing municipal	2569
corporation, and a separate authorizing agreement shall be entered	2570
into for each municipal corporation within which the police	2571
department of the qualified nonprofit corporation will provide	2572
police services. An authorizing agreement shall not require, or	2573
contain any provision granting authority to, the chief of police	2574
or any other officer, official, or employee of the municipal	2575
corporation that enters into the agreement, to appoint or to	2576
approve or disapprove the appointment of any police officer	2577
appointed and employed by the qualified nonprofit corporation	2578
police department under division (B) of this section. An	2579
authorizing agreement shall comply with any statutes and with any	2580
municipal charter provisions, ordinances, or resolutions that may	2581
apply to it. An authorizing agreement may prescribe, but is not	2582
limited to, any of the following:	2583

(1) The geographical territory within the municipal	2584
corporation in which the police department established by the	2585
qualified nonprofit corporation under division (B) of this section	2586
may provide police services;	2587

(2) The standards and criteria to govern the interaction	2588
between the police officers employed by the police department	2589
established by the qualified nonprofit corporation under division	2590
(B) of this section and the law enforcement officers employed by	2591
the municipal corporation, which standards and criteria may	2592
include, but are not limited to, either of the following:	2593

(a) Provisions governing the reporting of offenses	2594
discovered by the police officers employed by the qualified	2595
nonprofit corporation police department to the police department	2596
of the municipal corporation;	2597

(b) Provisions governing the processing and confinement of	2598
persons arrested by police officers of the qualified nonprofit	2599
corporation police department.	2600

(3) Any limitation on the qualified nonprofit corporation	2601
police department's enforcement of municipal traffic ordinances	2602
and regulations;	2603

(4) The duration, if any, of the agreement.

2604

(D) If a qualified nonprofit corporation establishes a	2605
police department under this section, the qualified nonprofit	2606
corporation, within the geographical territory specified for each	2607
municipal corporation that has entered into an authorizing	2608
agreement with it, concurrently with the municipal corporation,	2609
shall preserve the peace, protect persons and property, enforce	2610
the laws of the state, and enforce the charter provisions,	2611
ordinances, and regulations of the political subdivisions of the	2612
state that apply within that territory. Except as limited by the	2613
terms of any applicable authorizing agreement, each police officer	2614
who is employed by a police department established by a qualified	2615
nonprofit corporation and who satisfies the requirement set forth	2616
in division (B)(1) of this section is vested, while directly in	2617
the discharge of that police officer's duties as a police officer,	2618
with the same powers and authority as are vested in a police	2619
officer of a municipal corporation under Title XXIX of the Revised	2620
Code and the Rules of Criminal Procedure, and with the same powers	2621
and authority, including the operation of a public safety vehicle,	2622
as are vested in a police officer of a municipal corporation under	2623
Chapter 4511. of the Revised Code.	2624

(E)(1) The board of trustees of a qualified nonprofit	2625
corporation that establishes a police department shall not appoint	2626
a person as a police officer of the department pursuant to	2627
division (B) of this section on a permanent basis, on a temporary	2628
basis, for a probationary term, or on other than a permanent basis	2629
if the person previously has been convicted of or has pleaded	2630
guilty to a felony.	2631

(2)(a) The board of trustees of a qualified nonprofit	2632
corporation shall terminate the employment of a police officer of	2633
its police department appointed under division (B) of this section	2634
if the police officer does either of the following:	2635

(i) Pleads guilty to a felony;

2636

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2637
plea agreement as provided in division (D) of section 2929.29	2638
2929.43 of the Revised Code in which the police officer agrees to	2639
surrender the certificate awarded to the police officer under	2640
section 109.77 of the Revised Code.	2641

(b) The board of trustees of a qualified nonprofit	2642
corporation shall suspend from employment a police officer of its	2643
police department appointed under division (B) of this section if	2644
the police officer is convicted, after trial, of a felony. If the	2645
police officer files an appeal from that conviction and the	2646
conviction is upheld by the highest court to which the appeal is	2647
taken or if the police officer does not file a timely appeal, the	2648
board shall terminate the employment of that police officer. If	2649
the police officer files an appeal that results in the police	2650
officer's acquittal of the felony or conviction of a misdemeanor,	2651
or in the dismissal of the felony charge against the police	2652
officer, the board shall reinstate that police officer. A police	2653
officer who is reinstated under division (E)(2)(b) of this section	2654
shall not receive any back pay unless that police officer's	2655
conviction of the felony was reversed on appeal, or the felony	2656
charge was dismissed, because the court found insufficient	2657
evidence to convict the police officer of the felony.	2658

(3) Division (E) of this section does not apply regarding an	2659
offense that was committed prior to January 1, 1997.	2660

(4) The suspension from employment, or the termination of	2661
the employment, of a police officer under division (E)(2) of this	2662
section shall be in accordance with Chapter 119. of the Revised	2663
Code.	2664

Sec. 1713.50.  (A) As used in this section:

2665

(1) "Political subdivision" means a county, municipal	2666
corporation, or township.	2667

(2) "Private college or university" means a college or	2668
university that has all of the following characteristics:	2669

(a) It is not owned or controlled by the state or any	2670
political subdivision of the state.	2671

(b) It provides a program of education in residence leading	2672
to a baccalaureate degree or provides a program of education in	2673
residence, for which the baccalaureate degree is a prerequisite,	2674
leading to an academic or professional degree.	2675

(c) It is accredited by the north central association or	2676
another nationally recognized agency that accredits colleges and	2677
universities.	2678

(3) "Felony" has the same meaning as in section 109.511 of	2679
the Revised Code.	2680

(B) The board of trustees of a private college or university	2681
may establish a campus police department and appoint members of	2682
the campus police department to act as police officers. The board	2683
shall assign duties to the members of a campus police department	2684
that shall include the enforcement of the regulations of the	2685
college or university. Subject to division (E) of this section,	2686
the board shall appoint as members of a campus police department	2687
only those persons who have successfully completed a training	2688
program approved by the Ohio peace officer training commission and	2689
have been certified as having done so or who have previously	2690
successfully completed a police officer basic training program	2691
certified by the commission and have been awarded a certificate to	2692
that effect by the commission.	2693

Members of a campus police department shall not be reimbursed	2694
with state funds for any training they receive or be eligible to	2695
participate in any state or municipal retirement system. The	2696
uniforms, vehicles, and badges of members of a campus police	2697
department shall be distinct from those of the law enforcement	2698
agencies of the political subdivisions in which the private	2699
college or university that established the campus police	2700
department is located.	2701

(C) Each member of a campus police department appointed	2702
under division (B) of this section is vested, while directly in	2703
the discharge of that member's duties as a police officer, with	2704
the same powers and authority that are vested in a police officer	2705
of a municipal corporation or a county sheriff under Title XXIX of	2706
the Revised Code and the Rules of Criminal Procedure, including	2707
the same powers and authority relating to the operation of a	2708
public safety vehicle that are vested in a police officer of a	2709
municipal corporation or a county sheriff under Chapter 4511. of	2710
the Revised Code. Except as otherwise provided in this division,	2711
members of a campus police department may exercise, concurrently	2712
with the law enforcement officers of the political subdivisions in	2713
which the private college or university is located, the powers and	2714
authority granted to them under this division in order to preserve	2715
the peace, protect persons and property, enforce the laws of this	2716
state, and enforce the ordinances and regulations of the political	2717
subdivisions in which the private college or university is	2718
located, but only on the property of the private college or	2719
university that employs them. The board of trustees of a private	2720
college or university may enter into an agreement with any	2721
political subdivision pursuant to which the members of the campus	2722
police department of the college or university may exercise within	2723
that political subdivision, but outside the property of the	2724
college or university, the powers and authority granted to them	2725
under this division. A member of a campus police department has	2726
no authority to serve civil process.	2727

(D) Except as otherwise provided in this division, the board	2728
of trustees of a private college or university shall provide to	2729
each member of a campus police department appointed under division	2730
(B) of this section, without cost to the member, liability	2731
insurance coverage that insures the member against any liability	2732
that may arise out of or in the course of the member's employment	2733
and that is in an amount of not less than two hundred fifty	2734
thousand dollars. A board of trustees may provide the liability	2735
coverage required by this division by self-insurance.	2736

(E)(1) The board of trustees of a private college or	2737
university that establishes a campus police department shall not	2738
appoint a person as a member of the campus police department	2739
pursuant to division (B) of this section on a permanent basis, on	2740
a temporary basis, for a probationary term, or on other than a	2741
permanent basis if the person previously has been convicted of or	2742
has pleaded guilty to a felony.	2743

(2)(a) The board of trustees of a private college or	2744
university shall terminate the employment of a member of its	2745
campus police department appointed under division (B) of this	2746
section if the member does either of the following:	2747

(i) Pleads guilty to a felony;

2748

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2749
plea agreement as provided in division (D) of section 2929.29	2750
2929.43 of the Revised Code in which the member agrees to	2751
surrender the certificate awarded to that member under section	2752
109.77 of the Revised Code.	2753

(b) The board of trustees of a private college or university	2754
shall suspend from employment a member of its campus police	2755
department appointed under division (B) of this section if the	2756
member is convicted, after trial, of a felony. If the member of	2757
the campus police department files an appeal from that conviction	2758
and the conviction is upheld by the highest court to which the	2759
appeal is taken or if the member does not file a timely appeal,	2760
the board shall terminate the employment of that member. If the	2761
member of the campus police department files an appeal that	2762
results in that member's acquittal of the felony or conviction of	2763
a misdemeanor, or in the dismissal of the felony charge against	2764
that member, the board shall reinstate that member. A member of a	2765
campus police department who is reinstated under division	2766
(E)(2)(b) of this section shall not receive any back pay unless	2767
that member's conviction of the felony was reversed on appeal, or	2768
the felony charge was dismissed, because the court found	2769
insufficient evidence to convict the member of the felony.	2770

(3) Division (E) of this section does not apply regarding an	2771
offense that was committed prior to January 1, 1997.	2772

(4) The suspension from employment, or the termination of	2773
the employment, of a member of a campus police department under	2774
division (E)(2) of this section shall be in accordance with	2775
Chapter 119. of the Revised Code.	2776

Sec. 1905.033.  (A) The mayor of a municipal corporation who	2777
conducts a mayor's court shall register annually with the supreme	2778
court as provided in this division. The mayor shall file the	2779
registration on a form prescribed by the supreme court and not	2780
later than the fifteenth day of January in any year in which the	2781
mayor conducts a mayor's court or at least fifteen days before the	2782
mayor first conducts a mayor's court in a particular year,	2783
whichever is later. The registration shall include the name of	2784
the mayor, the name of any magistrate appointed by the mayor	2785
pursuant to section 1905.05 of the Revised Code, and the dates on	2786
which the mayor and magistrate last received the training required	2787
by section 1901.031 of the Revised Code.	2788

(B) The mayor of any municipal corporation who conducts a	2789
mayor's court shall make the following reports:	2790

(1) A report to the supreme court of all cases filed in the	2791
mayor's court and of all cases that are pending and are terminated	2792
in that court, and any financial, dispositional, and other	2793
information that the supreme court prescribes by rule. The mayor	2794
shall make the report under division (B)(1) of this section on a	2795
form prescribed by the supreme court and not later than the	2796
fifteenth day of January, April, July, and October of each year.	2797
The report shall cover all cases filed, pending, and terminated in	2798
the mayor's court for the calendar quarter preceding the	2799
appropriate filing date.	2800

(2) A report to the bureau of criminal identification and	2801
investigation of every conviction in the mayor's court for an	2802
offense that is a misdemeanor on a first offense and a felony on	2803
any subsequent offense. The mayor shall make the report under	2804
division (B)(2) of this section upon entry of the judgment of	2805
conviction for the offense.	2806

(C) No mayor of a municipal corporation shall conduct a	2807
mayor's court without complying with the general law on	2808
registering and reporting under this section.	2809

Sec. 2152.02.  As used in this chapter:

2810

(A) "Act charged" means the act that is identified in a	2811
complaint, indictment, or information alleging that a child is a	2812
delinquent child.	2813

(B) "Admitted to a department of youth services facility"	2814
includes admission to a facility operated, or contracted for, by	2815
the department and admission to a comparable facility outside this	2816
state by another state or the United States.	2817

(C)(1) "Child" means a person who is under eighteen years of	2818
age, except as otherwise provided in divisions (C)(2) to (6) of	2819
this section.	2820

(2) Subject to division (C)(3) of this section, any person	2821
who violates a federal or state law or a municipal ordinance prior	2822
to attaining eighteen years of age shall be deemed a "child"	2823
irrespective of that person's age at the time the complaint with	2824
respect to that violation is filed or the hearing on the complaint	2825
is held.	2826

(3) Any person who, while under eighteen years of age,	2827
commits an act that would be a felony if committed by an adult and	2828
who is not taken into custody or apprehended for that act until	2829
after the person attains twenty-one years of age is not a child in	2830
relation to that act.	2831

(4) Any person whose case is transferred for criminal	2832
prosecution pursuant to section 2152.12 of the Revised Code shall	2833
be deemed after the transfer not to be a child in the transferred	2834
case.	2835

(5) Any person whose case is transferred for criminal	2836
prosecution pursuant to section 2152.12 of the Revised Code and	2837
who subsequently is convicted of or pleads guilty to a felony in	2838
that case, and any person who is adjudicated a delinquent child	2839
for the commission of an act, who has a serious youthful offender	2840
dispositional sentence imposed for the act pursuant to section	2841
2152.13 of the Revised Code, and whose adult portion of the	2842
dispositional sentence is invoked pursuant to section 2152.14 of	2843
the Revised Code, shall be deemed after the transfer or invocation	2844
not to be a child in any case in which a complaint is filed	2845
against the person.	2846

(6) The juvenile court has jurisdiction over a person who is	2847
adjudicated a delinquent child or juvenile traffic offender prior	2848
to attaining eighteen years of age until the person attains	2849
twenty-one years of age, and, for purposes of that jurisdiction	2850
related to that adjudication, a person who is so adjudicated a	2851
delinquent child or juvenile traffic offender shall be deemed a	2852
"child" until the person attains twenty-one years of age.	2853

(D) "Chronic truant" means any child of compulsory school	2854
age who is absent without legitimate excuse for absence from the	2855
public school the child is supposed to attend for seven or more	2856
consecutive school days, ten or more school days in one school	2857
month, or fifteen or more school days in a school year.	2858

(E) "Community corrections facility," "public safety beds,"	2859
"release authority," and "supervised release" have the same	2860
meanings as in section 5139.01 of the Revised Code.	2861

(F) "Delinquent child" includes any of the following:

2862

(1) Any child, except a juvenile traffic offender, who	2863
violates any law of this state or the United States, or any	2864
ordinance of a political subdivision of the state, that would be	2865
an offense if committed by an adult;	2866

(2) Any child who violates any lawful order of the court	2867
made under this chapter or under Chapter 2151. of the Revised Code	2868
other than an order issued under section 2151.87 of the Revised	2869
Code;	2870

(3) Any child who violates division (A) of section 2923.211	2871
of the Revised Code;	2872

(4) Any child who is a habitual truant and who previously	2873
has been adjudicated an unruly child for being a habitual truant;	2874

(5) Any child who is a chronic truant.

2875

(G) "Discretionary serious youthful offender" means a person	2876
who is eligible for a discretionary SYO and who is not transferred	2877
to adult court under a mandatory or discretionary transfer.	2878

(H) "Discretionary SYO" means a case in which the juvenile	2879
court, in the juvenile court's discretion, may impose a serious	2880
youthful offender disposition under section 2152.13 of the Revised	2881
Code.	2882

(I) "Discretionary transfer" means that the juvenile court	2883
has discretion to transfer a case for criminal prosecution under	2884
division (B) of section 2152.12 of the Revised Code.	2885

(J) "Drug abuse offense," "felony drug abuse offense," and	2886
"minor drug possession offense" have the same meanings as in	2887
section 2925.01 of the Revised Code.	2888

(K) "Electronic monitoring" and "electronic monitoring	2889
device," "certified electronic monitoring device," "electronically	2890
monitored house arrest," "electronic monitoring system," and	2891
"certified electronic monitoring system" have the same meanings as	2892
in section 2929.232929.01 of the Revised Code.	2893

(L) "Economic loss" means any economic detriment suffered by	2894
a victim of a delinquent act as a result of the delinquent act and	2895
includes any loss of income due to lost time at work because of	2896
any injury caused to the victim and any property loss, medical	2897
cost, or funeral expense incurred as a result of the delinquent	2898
act.	2899

(M) "Firearm" has the same meaning as in section 2923.11 of	2900
the Revised Code.	2901

(N) "Juvenile traffic offender" means any child who violates	2902
any traffic law, traffic ordinance, or traffic regulation of this	2903
state, the United States, or any political subdivision of this	2904
state, other than a resolution, ordinance, or regulation of a	2905
political subdivision of this state the violation of which is	2906
required to be handled by a parking violations bureau or a joint	2907
parking violations bureau pursuant to Chapter 4521. of the Revised	2908
Code.	2909

(O) A "legitimate excuse for absence from the public school	2910
the child is supposed to attend" has the same meaning as in	2911
section 2151.011 of the Revised Code.	2912

(P) "Mandatory serious youthful offender" means a person who	2913
is eligible for a mandatory SYO and who is not transferred to	2914
adult court under a mandatory or discretionary transfer.	2915

(Q) "Mandatory SYO" means a case in which the juvenile court	2916
is required to impose a mandatory serious youthful offender	2917
disposition under section 2152.13 of the Revised Code.	2918

(R) "Mandatory transfer" means that a case is required to be	2919
transferred for criminal prosecution under division (A) of section	2920
2152.12 of the Revised Code.	2921

(S) "Mental illness" has the same meaning as in section	2922
5122.01 of the Revised Code.	2923

(T) "Mentally retarded person" has the same meaning as in	2924
section 5123.01 of the Revised Code.	2925

(U) "Monitored time" and "repeat violent offender" have the	2926
same meanings as in section 2929.01 of the Revised Code.	2927

(V) "Of compulsory school age" has the same meaning as in	2928
section 3321.01 of the Revised Code.	2929

(W) "Public record" has the same meaning as in section	2930
149.43 of the Revised Code.	2931

(X) "Serious youthful offender" means a person who is	2932
eligible for a mandatory SYO or discretionary SYO but who is not	2933
transferred to adult court under a mandatory or discretionary	2934
transfer.	2935

(Y) "Sexually oriented offense," "habitual sex offender,"	2936
"juvenile sex offender registrant," and "sexual predator" have the	2937
same meanings as in section 2950.01 of the Revised Code.	2938

(Z) "Traditional juvenile" means a case that is not	2939
transferred to adult court under a mandatory or discretionary	2940
transfer, that is eligible for a disposition under sections	2941
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	2942
that is not eligible for a disposition under section 2152.13 of	2943
the Revised Code.	2944

(AA) "Transfer" means the transfer for criminal prosecution	2945
of a case involving the alleged commission by a child of an act	2946
that would be an offense if committed by an adult from the	2947
juvenile court to the appropriate court that has jurisdiction of	2948
the offense.	2949

(BB) "Category one offense" means any of the following:

2950

(1) A violation of section 2903.01 or 2903.02 of the Revised	2951
Code;	2952

(2) A violation of section 2923.02 of the Revised Code	2953
involving an attempt to commit aggravated murder or murder.	2954

(CC) "Category two offense" means any of the following:

2955

(1) A violation of section 2903.03, 2905.01, 2907.02,	2956
2909.02, 2911.01, or 2911.11 of the Revised Code;	2957

(2) A violation of section 2903.04 of the Revised Code that	2958
is a felony of the first degree;	2959

(3) A violation of section 2907.12 of the Revised Code as it	2960
existed prior to September 3, 1996.	2961

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	2962
child, the court may make any of the following orders of	2963
disposition, in addition to any other disposition authorized or	2964
required by this chapter:	2965

(1) Any order that is authorized by section 2151.353 of the	2966
Revised Code for the care and protection of an abused, neglected,	2967
or dependent child;	2968

(2) Commit the child to the temporary custody of any school,	2969
camp, institution, or other facility operated for the care of	2970
delinquent children by the county, by a district organized under	2971
section 2152.41 or 2151.65 of the Revised Code, or by a private	2972
agency or organization, within or without the state, that is	2973
authorized and qualified to provide the care, treatment, or	2974
placement required;	2975

(3) Place the child on community control under any	2976
sanctions, services, and conditions that the court prescribes. As	2977
a condition of community control in every case and in addition to	2978
any other condition that it imposes upon the child, the court	2979
shall require the child to abide by the law during the period of	2980
community control. As referred to in this division, community	2981
control includes, but is not limited to, the following sanctions	2982
and conditions:	2983

(a) A period of basic probation supervision in which the	2984
child is required to maintain contact with a person appointed to	2985
supervise the child in accordance with sanctions imposed by the	2986
court;	2987

(b) A period of intensive probation supervision in which the	2988
child is required to maintain frequent contact with a person	2989
appointed by the court to supervise the child while the child is	2990
seeking or maintaining employment and participating in training,	2991
education, and treatment programs as the order of disposition;	2992

(c) A period of day reporting in which the child is required	2993
each day to report to and leave a center or another approved	2994
reporting location at specified times in order to participate in	2995
work, education or training, treatment, and other approved	2996
programs at the center or outside the center;	2997

(d) A period of community service of up to five hundred	2998
hours for an act that would be a felony or a misdemeanor of the	2999
first degree if committed by an adult, up to two hundred hours for	3000
an act that would be a misdemeanor of the second, third, or fourth	3001
degree if committed by an adult, or up to thirty hours for an act	3002
that would be a minor misdemeanor if committed by an adult;	3003

(e) A requirement that the child obtain a high school	3004
diploma, a certificate of high school equivalence, vocational	3005
training, or employment;	3006

(f) A period of drug and alcohol use monitoring;

3007

(g) A requirement of alcohol or drug assessment or	3008
counseling, or a period in an alcohol or drug treatment program	3009
with a level of security for the child as determined necessary by	3010
the court;	3011

(h) A period in which the court orders the child to observe	3012
a curfew that may involve daytime or evening hours;	3013

(i) A requirement that the child serve monitored time;

3014

(j) A period of house arrest with or without electronic	3015
monitoring;	3016

(k) A period of electronic monitoring without house arrest or	3017
electronically monitored house arrest with electronic monitoring	3018
that does not exceed the maximum sentence of imprisonment that	3019
could be imposed upon an adult who commits the same act.	3020

A period of electronically monitored house arrest with	3021
electronic monitoring imposed under this division shall not extend	3022
beyond the child's twenty-first birthday. If a court imposes a	3023
period of electronically monitored house arrest with electronic	3024
monitoring upon a child under this division, it shall require the	3025
child: to wear, otherwise have attached to the child's person, or	3026
otherwise be subject to monitoring by a certified electronic	3027
monitoring device or to participate in the operation of and	3028
monitoring by a certified electronic monitoring system; to remain	3029
in the child's home or other specified premises for the entire	3030
period of electronically monitored house arrest with electronic	3031
monitoring except when the court permits the child to leave those	3032
premises to go to school or to other specified premises; to be	3033
monitored by a central system that can determine the child's	3034
location at designated times; to report periodically to a person	3035
designated by the court; and to enter into a written contract with	3036
the court agreeing to comply with all requirements imposed by the	3037
court, agreeing to pay any fee imposed by the court for the costs	3038
of the electronically monitored house arrest with electronic	3039
monitoring, and agreeing to waive the right to receive credit for	3040
any time served on electronically monitored house arrest with	3041
electronic monitoring toward the period of any other dispositional	3042
order imposed upon the child if the child violates any of the	3043
requirements of the dispositional order of electronically	3044
monitored house arrest with electronic monitoring. The court also	3045
may impose other reasonable requirements upon the child.	3046

Unless ordered by the court, a child shall not receive credit	3047
for any time served on electronically monitored house arrest with	3048
electronic monitoring toward any other dispositional order imposed	3049
upon the child for the act for which was imposed the dispositional	3050
order of electronically monitored house arrest with electronic	3051
monitoring.	3052

(l) A suspension of the driver's license, probationary	3053
driver's license, or temporary instruction permit issued to the	3054
child or a suspension of the registration of all motor vehicles	3055
registered in the name of the child. A child whose license or	3056
permit is so suspended is ineligible for issuance of a license or	3057
permit during the period of suspension. At the end of the period	3058
of suspension, the child shall not be reissued a license or permit	3059
until the child has paid any applicable reinstatement fee and	3060
complied with all requirements governing license reinstatement.	3061

(4) Commit the child to the custody of the court;

3062

(5) Require the child to not be absent without legitimate	3063
excuse from the public school the child is supposed to attend for	3064
five or more consecutive days, seven or more school days in one	3065
school month, or twelve or more school days in a school year;	3066

(6)(a) If a child is adjudicated a delinquent child for	3067
being a chronic truant or an habitual truant who previously has	3068
been adjudicated an unruly child for being a habitual truant, do	3069
either or both of the following:	3070

(i) Require the child to participate in a truancy prevention	3071
mediation program;	3072

(ii) Make any order of disposition as authorized by this	3073
section, except that the court shall not commit the child to a	3074
facility described in division (A)(2) of this section unless the	3075
court determines that the child violated a lawful court order made	3076
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	3077
Code or division (A)(5) of this section.	3078

(b) If a child is adjudicated a delinquent child for being a	3079
chronic truant or a habitual truant who previously has been	3080
adjudicated an unruly child for being a habitual truant and the	3081
court determines that the parent, guardian, or other person having	3082
care of the child has failed to cause the child's attendance at	3083
school in violation of section 3321.38 of the Revised Code, do	3084
either or both of the following:	3085

(i) Require the parent, guardian, or other person having	3086
care of the child to participate in a truancy prevention mediation	3087
program;	3088

(ii) Require the parent, guardian, or other person having	3089
care of the child to participate in any community service program,	3090
preferably a community service program that requires the	3091
involvement of the parent, guardian, or other person having care	3092
of the child in the school attended by the child.	3093

(7) Make any further disposition that the court finds	3094
proper, except that the child shall not be placed in any of the	3095
following:	3096

(a) A state correctional institution, a county, multicounty,	3097
or municipal jail or workhouse, or another place in which an adult	3098
convicted of a crime, under arrest, or charged with a crime is	3099
held;	3100

(b) A community corrections facility, if the child would be	3101
covered by the definition of public safety beds for purposes of	3102
sections 5139.41 to 5139.45 of the Revised Code if the court	3103
exercised its authority to commit the child to the legal custody	3104
of the department of youth services for institutionalization or	3105
institutionalization in a secure facility pursuant to this	3106
chapter.	3107

(B) If a child is adjudicated a delinquent child, in	3108
addition to any order of disposition made under division (A) of	3109
this section, the court, in the following situations, shall	3110
suspend the child's temporary instruction permit, restricted	3111
license, probationary driver's license, or nonresident operating	3112
privilege, or suspend the child's ability to obtain such a permit:	3113

(1) The child is adjudicated a delinquent child for	3114
violating section 2923.122 of the Revised Code, with the	3115
suspension and denial being in accordance with division (E)(1)(a),	3116
(c), (d), or (e) of section 2923.122 of the Revised Code.	3117

(2) The child is adjudicated a delinquent child for	3118
committing an act that if committed by an adult would be a drug	3119
abuse offense or for violating division (B) of section 2917.11 of	3120
the Revised Code, with the suspension continuing until the child	3121
attends and satisfactorily completes a drug abuse or alcohol abuse	3122
education, intervention, or treatment program specified by the	3123
court. During the time the child is attending the program, the	3124
court shall retain any temporary instruction permit, probationary	3125
driver's license, or driver's license issued to the child, and the	3126
court shall return the permit or license when the child	3127
satisfactorily completes the program.	3128

(C) The court may establish a victim-offender mediation	3129
program in which victims and their offenders meet to discuss the	3130
offense and suggest possible restitution. If the court obtains	3131
the assent of the victim of the delinquent act committed by the	3132
child, the court may require the child to participate in the	3133
program.	3134

(D)(1) If a child is adjudicated a delinquent child for	3135
committing an act that would be a felony if committed by an adult	3136
and if the child caused, attempted to cause, threatened to cause,	3137
or created a risk of physical harm to the victim of the act, the	3138
court, prior to issuing an order of disposition under this	3139
section, shall order the preparation of a victim impact statement	3140
by the probation department of the county in which the victim of	3141
the act resides, by the court's own probation department, or by a	3142
victim assistance program that is operated by the state, a county,	3143
a municipal corporation, or another governmental entity. The court	3144
shall consider the victim impact statement in determining the	3145
order of disposition to issue for the child.	3146

(2) Each victim impact statement shall identify the victim	3147
of the act for which the child was adjudicated a delinquent child,	3148
itemize any economic loss suffered by the victim as a result of	3149
the act, identify any physical injury suffered by the victim as a	3150
result of the act and the seriousness and permanence of the	3151
injury, identify any change in the victim's personal welfare or	3152
familial relationships as a result of the act and any	3153
psychological impact experienced by the victim or the victim's	3154
family as a result of the act, and contain any other information	3155
related to the impact of the act upon the victim that the court	3156
requires.	3157

(3) A victim impact statement shall be kept confidential and	3158
is not a public record. However, the court may furnish copies of	3159
the statement to the department of youth services if the	3160
delinquent child is committed to the department or to both the	3161
adjudicated delinquent child or the adjudicated delinquent child's	3162
counsel and the prosecuting attorney. The copy of a victim impact	3163
statement furnished by the court to the department pursuant to	3164
this section shall be kept confidential and is not a public	3165
record. If an officer is preparing pursuant to section 2947.06 or	3166
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	3167
investigation report pertaining to a person, the court shall make	3168
available to the officer, for use in preparing the report, a copy	3169
of any victim impact statement regarding that person. The copies	3170
of a victim impact statement that are made available to the	3171
adjudicated delinquent child or the adjudicated delinquent child's	3172
counsel and the prosecuting attorney pursuant to this division	3173
shall be returned to the court by the person to whom they were	3174
made available immediately following the imposition of an order of	3175
disposition for the child under this chapter.	3176

The copy of a victim impact statement that is made available	3177
pursuant to this division to an officer preparing a criminal	3178
presentence investigation report shall be returned to the court by	3179
the officer immediately following its use in preparing the report.	3180

(4) The department of youth services shall work with local	3181
probation departments and victim assistance programs to develop a	3182
standard victim impact statement.	3183

(E) If a child is adjudicated a delinquent child for being a	3184
chronic truant or an habitual truant who previously has been	3185
adjudicated an unruly child for being an habitual truant and the	3186
court determines that the parent, guardian, or other person having	3187
care of the child has failed to cause the child's attendance at	3188
school in violation of section 3321.38 of the Revised Code, in	3189
addition to any order of disposition it makes under this section,	3190
the court shall warn the parent, guardian, or other person having	3191
care of the child that any subsequent adjudication of the child as	3192
an unruly or delinquent child for being an habitual or chronic	3193
truant may result in a criminal charge against the parent,	3194
guardian, or other person having care of the child for a violation	3195
of division (C) of section 2919.21 or section 2919.24 of the	3196
Revised Code.	3197

(F)(1) During the period of a delinquent child's community	3198
control granted under this section, authorized probation officers	3199
who are engaged within the scope of their supervisory duties or	3200
responsibilities may search, with or without a warrant, the person	3201
of the delinquent child, the place of residence of the delinquent	3202
child, and a motor vehicle, another item of tangible or intangible	3203
personal property, or other real property in which the delinquent	3204
child has a right, title, or interest or for which the delinquent	3205
child has the express or implied permission of a person with a	3206
right, title, or interest to use, occupy, or possess if the	3207
probation officers have reasonable grounds to believe that the	3208
delinquent child is not abiding by the law or otherwise is not	3209
complying with the conditions of the delinquent child's community	3210
control. The court that places a delinquent child on community	3211
control under this section shall provide the delinquent child with	3212
a written notice that informs the delinquent child that authorized	3213
probation officers who are engaged within the scope of their	3214
supervisory duties or responsibilities may conduct those types of	3215
searches during the period of community control if they have	3216
reasonable grounds to believe that the delinquent child is not	3217
abiding by the law or otherwise is not complying with the	3218
conditions of the delinquent child's community control. The court	3219
also shall provide the written notice described in division (E)(2)	3220
of this section to each parent, guardian, or custodian of the	3221
delinquent child who is described in that division.	3222

(2) The court that places a child on community control under	3223
this section shall provide the child's parent, guardian, or other	3224
custodian with a written notice that informs them that authorized	3225
probation officers may conduct searches pursuant to division	3226
(E)(1) of this section. The notice shall specifically state that	3227
a permissible search might extend to a motor vehicle, another item	3228
of tangible or intangible personal property, or a place of	3229
residence or other real property in which a notified parent,	3230
guardian, or custodian has a right, title, or interest and that	3231
the parent, guardian, or custodian expressly or impliedly permits	3232
the child to use, occupy, or possess.	3233

(G) If a juvenile court commits a delinquent child to the	3234
custody of any person, organization, or entity pursuant to this	3235
section and if the delinquent act for which the child is so	3236
committed is a sexually oriented offense, the court in the order	3237
of disposition shall do one of the following:	3238

(1) Require that the child be provided treatment as	3239
described in division (A)(2) of section 5139.13 of the Revised	3240
Code;	3241

(2) Inform the person, organization, or entity that it is	3242
the preferred course of action in this state that the child be	3243
provided treatment as described in division (A)(2) of section	3244
5139.13 of the Revised Code and encourage the person,	3245
organization, or entity to provide that treatment.	3246

Sec. 2152.20.  (A) If a child is adjudicated a delinquent	3247
child or a juvenile traffic offender, the court may order any of	3248
the following dispositions, in addition to any other disposition	3249
authorized or required by this chapter:	3250

(1) Impose a fine in accordance with the following schedule:

3251

(a) For an act that would be a minor misdemeanor or an	3252
unclassified misdemeanor if committed by an adult, a fine not to	3253
exceed fifty dollars;	3254

(b) For an act that would be a misdemeanor of the fourth	3255
degree if committed by an adult, a fine not to exceed one hundred	3256
dollars;	3257

(c) For an act that would be a misdemeanor of the third	3258
degree if committed by an adult, a fine not to exceed one hundred	3259
fifty dollars;	3260

(d) For an act that would be a misdemeanor of the second	3261
degree if committed by an adult, a fine not to exceed two hundred	3262
dollars;	3263

(e) For an act that would be a misdemeanor of the first	3264
degree if committed by an adult, a fine not to exceed two hundred	3265
fifty dollars;	3266

(f) For an act that would be a felony of the fifth degree or	3267
an unclassified felony if committed by an adult, a fine not to	3268
exceed three hundred dollars;	3269

(g) For an act that would be a felony of the fourth degree	3270
if committed by an adult, a fine not to exceed four hundred	3271
dollars;	3272

(h) For an act that would be a felony of the third degree if	3273
committed by an adult, a fine not to exceed seven hundred fifty	3274
dollars;	3275

(i) For an act that would be a felony of the second degree	3276
if committed by an adult, a fine not to exceed one thousand	3277
dollars;	3278

(j) For an act that would be a felony of the first degree if	3279
committed by an adult, a fine not to exceed one thousand five	3280
hundred dollars;	3281

(k) For an act that would be aggravated murder or murder if	3282
committed by an adult, a fine not to exceed two thousand dollars.	3283

(2) Require the child to pay costs;

3284

(3) Require the child to make restitution to the victim of	3285
the child's delinquent act or, if the victim is deceased, to a	3286
survivor of the victim in an amount based upon the victim's	3287
economic loss caused by or related to the delinquent act.	3288
Restitution required under this division shall be made directly to	3289
the victim in open court or to the probation department that	3290
serves the jurisdiction or the clerk of courts on behalf of the	3291
victim. The restitution may include reimbursement to third	3292
parties, other than the delinquent child's insurer, for amounts	3293
paid to the victim or to any survivor of the victim for economic	3294
loss resulting from the delinquent act. If reimbursement to a	3295
third party is required, the reimbursement shall be made to any	3296
governmental agency to repay any amounts the agency paid to the	3297
victim or any survivor of the victim before any reimbursement is	3298
made to any other person.	3299

Restitution required under this division may be in the form	3300
of a cash reimbursement paid in a lump sum or in installments, the	3301
performance of repair work to restore any damaged property to its	3302
original condition, the performance of a reasonable amount of	3303
labor for the victim or survivor of the victim, the performance of	3304
community service work, any other form of restitution devised by	3305
the court, or any combination of the previously described forms of	3306
restitution.	3307

The court may base the restitution order under this division	3308
on an amount recommended by the victim or survivor of the victim,	3309
the delinquent child, a presentence investigation report,	3310
estimates or receipts indicating the cost of repairing or	3311
replacing property, and any other information. If the amount of	3312
the restitution is disputed by the victim or survivor or by the	3313
delinquent child, the court shall hold a hearing on the	3314
restitution. The court shall determine, or order the	3315
determination of, the amount of restitution to be paid by the	3316
delinquent child. All restitution payments shall be credited	3317
against any recovery of economic loss in a civil action brought by	3318
or on behalf of the victim against the delinquent child or the	3319
delinquent child's parent, guardian, or other custodian.	3320

The court may order that the delinquent child pay a	3321
surcharge, in an amount not exceeding five per cent of the amount	3322
of restitution otherwise ordered under this division, to the	3323
entity responsible for collecting and processing the restitution	3324
payments.	3325

The victim or the survivor of the victim may request that the	3326
prosecuting authority file a motion, or the delinquent child may	3327
file a motion, for modification of the payment terms of any	3328
restitution ordered under this division, based on a substantial	3329
change in the delinquent child's ability to pay.	3330

(4) Require the child to reimburse any or all of the costs	3331
incurred for services or sanctions provided or imposed, including,	3332
but not limited to, the following:	3333

(a) All or part of the costs of implementing any community	3334
control imposed as a disposition under section 2152.19 of the	3335
Revised Code, including a supervision fee;	3336

(b) All or part of the costs of confinement in a residential	3337
facility described in section 2152.19 of the Revised Code or in a	3338
department of youth services institution, including, but not	3339
limited to, a per diem fee for room and board, the costs of	3340
medical and dental treatment provided, and the costs of repairing	3341
property the delinquent child damaged while so confined. The	3342
amount of reimbursement ordered for a child under this division	3343
shall not exceed the total amount of reimbursement the child is	3344
able to pay as determined at a hearing and shall not exceed the	3345
actual cost of the confinement. The court may collect any	3346
reimbursement ordered under this division. If the court does not	3347
order reimbursement under this division, confinement costs may be	3348
assessed pursuant to a repayment policy adopted under division (E)	3349
of section 307.93, division (A) of section 341.06, division (D) of	3350
section 341.23, or division (C) of section 753.02, 753.04,	3351
2301.56, or 2947.19 of the Revised Code.	3352

(B)(1) If a child is adjudicated a delinquent child for	3353
violating section 2923.32 of the Revised Code, the court shall	3354
enter an order of criminal forfeiture against the child in	3355
accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F)	3356
of section 2923.32 of the Revised Code.	3357

(2) Sections 2925.41 to 2925.45 of the Revised Code apply to	3358
children who are adjudicated or could be adjudicated by a juvenile	3359
court to be delinquent children for an act that, if committed by	3360
an adult, would be a felony drug abuse offense. Subject to	3361
division (B) of section 2925.42 and division (E) of section	3362
2925.43 of the Revised Code, a delinquent child of that nature	3363
loses any right to the possession of, and forfeits to the state	3364
any right, title, and interest that the delinquent child may have	3365
in, property as defined in section 2925.41 of the Revised Code and	3366
further described in section 2925.42 or 2925.43 of the Revised	3367
Code.	3368

(3) Sections 2923.44 to 2923.47 of the Revised Code apply to	3369
children who are adjudicated or could be adjudicated by a juvenile	3370
court to be delinquent children for an act in violation of section	3371
2923.42 of the Revised Code. Subject to division (B) of section	3372
2923.44 and division (E) of section 2923.45 of the Revised Code, a	3373
delinquent child of that nature loses any right to the possession	3374
of, and forfeits to the state any right, title, and interest that	3375
the delinquent child may have in, property as defined in section	3376
2923.41 of the Revised Code and further described in section	3377
2923.44 or 2923.45 of the Revised Code.	3378

(C) The court may hold a hearing if necessary to determine	3379
whether a child is able to pay a sanction under this section.	3380

(D) If a child who is adjudicated a delinquent child is	3381
indigent, the court shall consider imposing a term of community	3382
service under division (A) of section 2152.19 of the Revised Code	3383
in lieu of imposing a financial sanction under this section. If a	3384
child who is adjudicated a delinquent child is not indigent, the	3385
court may impose a term of community service under that division	3386
in lieu of, or in addition to, imposing a financial sanction under	3387
this section. The court may order community service for an act	3388
that if committed by an adult would be a minor misdemeanor.	3389

If a child fails to pay a financial sanction imposed under	3390
this section, the court may impose a term of community service in	3391
lieu of the sanction.	3392

(E) The clerk of the court, or another person authorized by	3393
law or by the court to collect a financial sanction imposed under	3394
this section, may do any of the following:	3395

(1) Enter into contracts with one or more public agencies or	3396
private vendors for the collection of the amounts due under the	3397
financial sanction, which amounts may include interest from the	3398
date of imposition of the financial sanction;	3399

(2) Permit payment of all, or any portion of, the financial	3400
sanction in installments, by credit or debit card, by another type	3401
of electronic transfer, or by any other reasonable method, within	3402
any period of time, and on any terms that the court considers	3403
just, except that the maximum time permitted for payment shall not	3404
exceed five years. The clerk may pay any fee associated with	3405
processing an electronic transfer out of public money and may	3406
charge the fee to the delinquent child.	3407

(3) To defray administrative costs, charge a reasonable fee	3408
to a child who elects a payment plan rather than a lump sum	3409
payment of a financial sanction.	3410

Sec. 2301.03.  (A) In Franklin county, the judges of the	3411
court of common pleas whose terms begin on January 1, 1953,	3412
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	3413
1997, and successors, shall have the same qualifications, exercise	3414
the same powers and jurisdiction, and receive the same	3415
compensation as other judges of the court of common pleas of	3416
Franklin county and shall be elected and designated as judges of	3417
the court of common pleas, division of domestic relations. They	3418
shall have all the powers relating to juvenile courts, and all	3419
cases under Chapters 2151. and 2152. of the Revised Code, all	3420
parentage proceedings under Chapter 3111. of the Revised Code over	3421
which the juvenile court has jurisdiction, and all divorce,	3422
dissolution of marriage, legal separation, and annulment cases	3423
shall be assigned to them. In addition to the judge's regular	3424
duties, the judge who is senior in point of service shall serve on	3425
the children services board and the county advisory board and	3426
shall be the administrator of the domestic relations division and	3427
its subdivisions and departments.	3428

(B) In Hamilton county:

3429

(1) The judge of the court of common pleas, whose term	3430
begins on January 1, 1957, and successors, and the judge of the	3431
court of common pleas, whose term begins on February 14, 1967, and	3432
successors, shall be the juvenile judges as provided in Chapters	3433
2151. and 2152. of the Revised Code, with the powers and	3434
jurisdiction conferred by those chapters.	3435

(2) The judges of the court of common pleas whose terms	3436
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and	3437
successors, shall be elected and designated as judges of the court	3438
of common pleas, division of domestic relations, and shall have	3439
assigned to them all divorce, dissolution of marriage, legal	3440
separation, and annulment cases coming before the court. On or	3441
after the first day of July and before the first day of August of	3442
1991 and each year thereafter, a majority of the judges of the	3443
division of domestic relations shall elect one of the judges of	3444
the division as administrative judge of that division. If a	3445
majority of the judges of the division of domestic relations are	3446
unable for any reason to elect an administrative judge for the	3447
division before the first day of August, a majority of the judges	3448
of the Hamilton county court of common pleas, as soon as possible	3449
after that date, shall elect one of the judges of the division of	3450
domestic relations as administrative judge of that division. The	3451
term of the administrative judge shall begin on the earlier of the	3452
first day of August of the year in which the administrative judge	3453
is elected or the date on which the administrative judge is	3454
elected by a majority of the judges of the Hamilton county court	3455
of common pleas and shall terminate on the date on which the	3456
administrative judge's successor is elected in the following year.	3457

In addition to the judge's regular duties, the administrative	3458
judge of the division of domestic relations shall be the	3459
administrator of the domestic relations division and its	3460
subdivisions and departments and shall have charge of the	3461
employment, assignment, and supervision of the personnel of the	3462
division engaged in handling, servicing, or investigating divorce,	3463
dissolution of marriage, legal separation, and annulment cases,	3464
including any referees considered necessary by the judges in the	3465
discharge of their various duties.	3466

The administrative judge of the division of domestic	3467
relations also shall designate the title, compensation, expense	3468
allowances, hours, leaves of absence, and vacations of the	3469
personnel of the division, and shall fix the duties of its	3470
personnel. The duties of the personnel, in addition to those	3471
provided for in other sections of the Revised Code, shall include	3472
the handling, servicing, and investigation of divorce, dissolution	3473
of marriage, legal separation, and annulment cases and counseling	3474
and conciliation services that may be made available to persons	3475
requesting them, whether or not the persons are parties to an	3476
action pending in the division.	3477

The board of county commissioners shall appropriate the sum	3478
of money each year as will meet all the administrative expenses of	3479
the division of domestic relations, including reasonable expenses	3480
of the domestic relations judges and the division counselors and	3481
other employees designated to conduct the handling, servicing, and	3482
investigation of divorce, dissolution of marriage, legal	3483
separation, and annulment cases, conciliation and counseling, and	3484
all matters relating to those cases and counseling, and the	3485
expenses involved in the attendance of division personnel at	3486
domestic relations and welfare conferences designated by the	3487
division, and the further sum each year as will provide for the	3488
adequate operation of the division of domestic relations.	3489

The compensation and expenses of all employees and the salary	3490
and expenses of the judges shall be paid by the county treasurer	3491
from the money appropriated for the operation of the division,	3492
upon the warrant of the county auditor, certified to by the	3493
administrative judge of the division of domestic relations.	3494

The summonses, warrants, citations, subpoenas, and other	3495
writs of the division may issue to a bailiff, constable, or staff	3496
investigator of the division or to the sheriff of any county or	3497
any marshal, constable, or police officer, and the provisions of	3498
law relating to the subpoenaing of witnesses in other cases shall	3499
apply insofar as they are applicable. When a summons, warrant,	3500
citation, subpoena, or other writ is issued to an officer, other	3501
than a bailiff, constable, or staff investigator of the division,	3502
the expense of serving it shall be assessed as a part of the costs	3503
in the case involved.	3504

(3) The judge of the court of common pleas of Hamilton	3505
county whose term begins on January 3, 1997, and the successor to	3506
that judge whose term begins on January 3, 2003, shall each be	3507
elected and designated for one term only as the drug court judge	3508
of the court of common pleas of Hamilton county. The successors	3509
to the judge whose term begins on January 3, 2003, shall be	3510
elected and designated as judges of the general division of the	3511
court of common pleas of Hamilton county and shall not have the	3512
authority granted by division (B)(3) of this section. The drug	3513
court judge may accept or reject any case referred to the drug	3514
court judge under division (B)(3) of this section. After the drug	3515
court judge accepts a referred case, the drug court judge has full	3516
authority over the case, including the authority to conduct	3517
arraignment, accept pleas, enter findings and dispositions,	3518
conduct trials, order treatment, and if treatment is not	3519
successfully completed pronounce and enter sentence.	3520

A judge of the general division of the court of common pleas	3521
of Hamilton county and a judge of the Hamilton county municipal	3522
court may refer to the drug court judge any case, and any	3523
companion cases, the judge determines meet the criteria described	3524
under divisions (B)(3)(a) and (b) of this section. If the drug	3525
court judge accepts referral of a referred case, the case, and any	3526
companion cases, shall be transferred to the drug court judge. A	3527
judge may refer a case meeting the criteria described in divisions	3528
(B)(3)(a) and (b) of this section that involves a violation of a	3529
term of probationcondition of a community control sanction to the	3530
drug court judge, and, if the drug court judge accepts the	3531
referral, the referring judge and the drug court judge have	3532
concurrent jurisdiction over the case.	3533

A judge of the general division of the court of common pleas	3534
of Hamilton county and a judge of the Hamilton county municipal	3535
court may refer a case to the drug court judge under division	3536
(B)(3) of this section if the judge determines that both of the	3537
following apply:	3538

(a) One of the following applies:

3539

(i) The case involves a drug abuse offense, as defined in	3540
section 2925.01 of the Revised Code, that is a felony of the third	3541
or fourth degree if the offense is committed prior to July 1,	3542
1996, a felony of the third, fourth, or fifth degree if the	3543
offense is committed on or after July 1, 1996, or a misdemeanor.	3544

(ii) The case involves a theft offense, as defined in	3545
section 2913.01 of the Revised Code, that is a felony of the third	3546
or fourth degree if the offense is committed prior to July 1,	3547
1996, a felony of the third, fourth, or fifth degree if the	3548
offense is committed on or after July 1, 1996, or a misdemeanor,	3549
and the defendant is drug or alcohol dependent or in danger of	3550
becoming drug or alcohol dependent and would benefit from	3551
treatment.	3552

(b) All of the following apply:

3553

(i) The case involves a probationablean offense for which a	3554
community control sanction may be imposed or is a case in which a	3555
mandatory prison term or a mandatory jail term is not required to	3556
be imposed.	3557

(ii) The defendant has no history of violent behavior.

3558

(iii) The defendant has no history of mental illness.

3559

(iv) The defendant's current or past behavior, or both, is	3560
drug or alcohol driven.	3561

(v) The defendant demonstrates a sincere willingness to	3562
participate in a fifteen-month treatment process.	3563

(vi) The defendant has no acute health condition.

3564

(vii) If the defendant is incarcerated, the county	3565
prosecutor approves of the referral.	3566

(4) If the administrative judge of the court of common pleas	3567
of Hamilton county determines that the volume of cases pending	3568
before the drug court judge does not constitute a sufficient	3569
caseload for the drug court judge, the administrative judge, in	3570
accordance with the Rules of Superintendence for Courts of Common	3571
Pleas, shall assign individual cases to the drug court judge from	3572
the general docket of the court. If the assignments so occur, the	3573
administrative judge shall cease the assignments when the	3574
administrative judge determines that the volume of cases pending	3575
before the drug court judge constitutes a sufficient caseload for	3576
the drug court judge.	3577

(5) As used in division (B) of this section, "community	3578
control sanction," "mandatory prison term," and "mandatory jail	3579
term" have the same meanings as in section 2929.01 of the Revised	3580
Code.	3581

(C) In Lorain county, the judges of the court of common	3582
pleas whose terms begin on January 3, 1959, January 4, 1989, and	3583
January 2, 1999, and successors, shall have the same	3584
qualifications, exercise the same powers and jurisdiction, and	3585
receive the same compensation as the other judges of the court of	3586
common pleas of Lorain county and shall be elected and designated	3587
as the judges of the court of common pleas, division of domestic	3588
relations. They shall have all of the powers relating to juvenile	3589
courts, and all cases under Chapters 2151. and 2152. of the	3590
Revised Code, all parentage proceedings over which the juvenile	3591
court has jurisdiction, and all divorce, dissolution of marriage,	3592
legal separation, and annulment cases shall be assigned to them,	3593
except cases that for some special reason are assigned to some	3594
other judge of the court of common pleas.	3595

(D) In Lucas county:

3596

(1) The judges of the court of common pleas whose terms	3597
begin on January 1, 1955, and January 3, 1965, and successors,	3598
shall have the same qualifications, exercise the same powers and	3599
jurisdiction, and receive the same compensation as other judges of	3600
the court of common pleas of Lucas county and shall be elected and	3601
designated as judges of the court of common pleas, division of	3602
domestic relations. All divorce, dissolution of marriage, legal	3603
separation, and annulment cases shall be assigned to them.	3604

The judge of the division of domestic relations, senior in	3605
point of service, shall be considered as the presiding judge of	3606
the court of common pleas, division of domestic relations, and	3607
shall be charged exclusively with the assignment and division of	3608
the work of the division and the employment and supervision of all	3609
other personnel of the domestic relations division.	3610

(2) The judges of the court of common pleas whose terms	3611
begin on January 5, 1977, and January 2, 1991, and successors	3612
shall have the same qualifications, exercise the same powers and	3613
jurisdiction, and receive the same compensation as other judges of	3614
the court of common pleas of Lucas county, shall be elected and	3615
designated as judges of the court of common pleas, juvenile	3616
division, and shall be the juvenile judges as provided in	3617
Chapters 2151. and 2152. of the Revised Code with the powers and	3618
jurisdictions conferred by those chapters. In addition to the	3619
judge's regular duties, the judge of the court of common pleas,	3620
juvenile division, senior in point of service, shall be the	3621
administrator of the juvenile division and its subdivisions and	3622
departments and shall have charge of the employment, assignment,	3623
and supervision of the personnel of the division engaged in	3624
handling, servicing, or investigating juvenile cases, including	3625
any referees considered necessary by the judges of the division in	3626
the discharge of their various duties.	3627

The judge of the court of common pleas, juvenile division,	3628
senior in point of service, also shall designate the title,	3629
compensation, expense allowance, hours, leaves of absence, and	3630
vacation of the personnel of the division and shall fix the duties	3631
of the personnel of the division. The duties of the personnel, in	3632
addition to other statutory duties include the handling,	3633
servicing, and investigation of juvenile cases and counseling and	3634
conciliation services that may be made available to persons	3635
requesting them, whether or not the persons are parties to an	3636
action pending in the division.	3637

(3) If one of the judges of the court of common pleas,	3638
division of domestic relations, or one of the judges of the	3639
juvenile division is sick, absent, or unable to perform that	3640
judge's judicial duties or the volume of cases pending in that	3641
judge's division necessitates it, the duties shall be performed by	3642
the judges of the other of those divisions.	3643

(E) In Mahoning county:

3644

(1) The judge of the court of common pleas whose term began	3645
on January 1, 1955, and successors, shall have the same	3646
qualifications, exercise the same powers and jurisdiction, and	3647
receive the same compensation as other judges of the court of	3648
common pleas of Mahoning county, shall be elected and designated	3649
as judge of the court of common pleas, division of domestic	3650
relations, and shall be assigned all the divorce, dissolution of	3651
marriage, legal separation, and annulment cases coming before the	3652
court. In addition to the judge's regular duties, the judge of	3653
the court of common pleas, division of domestic relations, shall	3654
be the administrator of the domestic relations division and its	3655
subdivisions and departments and shall have charge of the	3656
employment, assignment, and supervision of the personnel of the	3657
division engaged in handling, servicing, or investigating divorce,	3658
dissolution of marriage, legal separation, and annulment cases,	3659
including any referees considered necessary in the discharge of	3660
the various duties of the judge's office.	3661

The judge also shall designate the title, compensation,	3662
expense allowances, hours, leaves of absence, and vacations of the	3663
personnel of the division and shall fix the duties of the	3664
personnel of the division. The duties of the personnel, in	3665
addition to other statutory duties, include the handling,	3666
servicing, and investigation of divorce, dissolution of marriage,	3667
legal separation, and annulment cases and counseling and	3668
conciliation services that may be made available to persons	3669
requesting them, whether or not the persons are parties to an	3670
action pending in the division.	3671

(2) The judge of the court of common pleas whose term began	3672
on January 2, 1969, and successors, shall have the same	3673
qualifications, exercise the same powers and jurisdiction, and	3674
receive the same compensation as other judges of the court of	3675
common pleas of Mahoning county, shall be elected and designated	3676
as judge of the court of common pleas, juvenile division, and	3677
shall be the juvenile judge as provided in Chapters 2151. and	3678
2152. of the Revised Code, with the powers and jurisdictions	3679
conferred by those chapters. In addition to the judge's regular	3680
duties, the judge of the court of common pleas, juvenile division,	3681
shall be the administrator of the juvenile division and its	3682
subdivisions and departments and shall have charge of the	3683
employment, assignment, and supervision of the personnel of the	3684
division engaged in handling, servicing, or investigating juvenile	3685
cases, including any referees considered necessary by the judge in	3686
the discharge of the judge's various duties.	3687

The judge also shall designate the title, compensation,	3688
expense allowances, hours, leaves of absence, and vacation of the	3689
personnel of the division and shall fix the duties of the	3690
personnel of the division. The duties of the personnel, in	3691
addition to other statutory duties, include the handling,	3692
servicing, and investigation of juvenile cases and counseling and	3693
conciliation services that may be made available to persons	3694
requesting them, whether or not the persons are parties to an	3695
action pending in the division.	3696

(3) If a judge of the court of common pleas, division of	3697
domestic relations or juvenile division, is sick, absent, or	3698
unable to perform that judge's judicial duties, or the volume of	3699
cases pending in that judge's division necessitates it, that	3700
judge's duties shall be performed by another judge of the court of	3701
common pleas.	3702

(F) In Montgomery county:

3703

(1) The judges of the court of common pleas whose terms	3704
begin on January 2, 1953, and January 4, 1977, and successors,	3705
shall have the same qualifications, exercise the same powers and	3706
jurisdiction, and receive the same compensation as other judges of	3707
the court of common pleas of Montgomery county and shall be	3708
elected and designated as judges of the court of common pleas,	3709
division of domestic relations. These judges shall have assigned	3710
to them all divorce, dissolution of marriage, legal separation,	3711
and annulment cases.	3712

The judge of the division of domestic relations, senior in	3713
point of service, shall be charged exclusively with the assignment	3714
and division of the work of the division and shall have charge of	3715
the employment and supervision of the personnel of the division	3716
engaged in handling, servicing, or investigating divorce,	3717
dissolution of marriage, legal separation, and annulment cases,	3718
including any necessary referees, except those employees who may	3719
be appointed by the judge, junior in point of service, under this	3720
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	3721
Code. The judge of the division of domestic relations, senior in	3722
point of service, also shall designate the title, compensation,	3723
expense allowances, hours, leaves of absence, and vacation of the	3724
personnel of the division and shall fix their duties.	3725

(2) The judges of the court of common pleas whose terms	3726
begin on January 1, 1953, and January 1, 1993, and successors,	3727
shall have the same qualifications, exercise the same powers and	3728
jurisdiction, and receive the same compensation as other judges of	3729
the court of common pleas of Montgomery county, shall be elected	3730
and designated as judges of the court of common pleas, juvenile	3731
division, and shall be, and have the powers and jurisdiction of,	3732
the juvenile judge as provided in Chapters 2151. and 2152. of the	3733
Revised Code.	3734

In addition to the judge's regular duties, the judge of the	3735
court of common pleas, juvenile division, senior in point of	3736
service, shall be the administrator of the juvenile division and	3737
its subdivisions and departments and shall have charge of the	3738
employment, assignment, and supervision of the personnel of the	3739
juvenile division, including any necessary referees, who are	3740
engaged in handling, servicing, or investigating juvenile cases.	3741
The judge, senior in point of service, also shall designate the	3742
title, compensation, expense allowances, hours, leaves of absence,	3743
and vacation of the personnel of the division and shall fix their	3744
duties. The duties of the personnel, in addition to other	3745
statutory duties, shall include the handling, servicing, and	3746
investigation of juvenile cases and of any counseling and	3747
conciliation services that are available upon request to persons,	3748
whether or not they are parties to an action pending in the	3749
division.	3750

If one of the judges of the court of common pleas, division	3751
of domestic relations, or one of the judges of the court of common	3752
pleas, juvenile division, is sick, absent, or unable to perform	3753
that judge's duties or the volume of cases pending in that judge's	3754
division necessitates it, the duties of that judge may be	3755
performed by the judge or judges of the other of those divisions.	3756

(G) In Richland county, the judge of the court of common	3757
pleas whose term begins on January 1, 1957, and successors, shall	3758
have the same qualifications, exercise the same powers and	3759
jurisdiction, and receive the same compensation as the other	3760
judges of the court of common pleas of Richland county and shall	3761
be elected and designated as judge of the court of common pleas,	3762
division of domestic relations. That judge shall have all of the	3763
powers relating to juvenile courts, and all cases under Chapters	3764
2151. and 2152. of the Revised Code, all parentage proceedings	3765
over which the juvenile court has jurisdiction, and all divorce,	3766
dissolution of marriage, legal separation, and annulment cases	3767
shall be assigned to that judge, except in cases that for some	3768
special reason are assigned to some other judge of the court of	3769
common pleas.	3770

(H) In Stark county, the judges of the court of common pleas	3771
whose terms begin on January 1, 1953, January 2, 1959, and January	3772
1, 1993, and successors, shall have the same qualifications,	3773
exercise the same powers and jurisdiction, and receive the same	3774
compensation as other judges of the court of common pleas of Stark	3775
county and shall be elected and designated as judges of the court	3776
of common pleas, division of domestic relations. They shall have	3777
all the powers relating to juvenile courts, and all cases under	3778
Chapters 2151. and 2152. of the Revised Code, all parentage	3779
proceedings over which the juvenile court has jurisdiction, and	3780
all divorce, dissolution of marriage, legal separation, and	3781
annulment cases, except cases that are assigned to some other	3782
judge of the court of common pleas for some special reason, shall	3783
be assigned to the judges.	3784

The judge of the division of domestic relations, second most	3785
senior in point of service, shall have charge of the employment	3786
and supervision of the personnel of the division engaged in	3787
handling, servicing, or investigating divorce, dissolution of	3788
marriage, legal separation, and annulment cases, and necessary	3789
referees required for the judge's respective court.	3790

The judge of the division of domestic relations, senior in	3791
point of service, shall be charged exclusively with the	3792
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	3793
of the Revised Code and with the assignment and division of the	3794
work of the division and the employment and supervision of all	3795
other personnel of the division, including, but not limited to,	3796
that judge's necessary referees, but excepting those employees who	3797
may be appointed by the judge second most senior in point of	3798
service. The senior judge further shall serve in every other	3799
position in which the statutes permit or require a juvenile judge	3800
to serve.	3801

(I) In Summit county:

3802

(1) The judges of the court of common pleas whose terms	3803
begin on January 4, 1967, and January 6, 1993, and successors,	3804
shall have the same qualifications, exercise the same powers and	3805
jurisdiction, and receive the same compensation as other judges of	3806
the court of common pleas of Summit county and shall be elected	3807
and designated as judges of the court of common pleas, division of	3808
domestic relations. The judges of the division of domestic	3809
relations shall have assigned to them and hear all divorce,	3810
dissolution of marriage, legal separation, and annulment cases	3811
that come before the court. Except in cases that are subject to	3812
the exclusive original jurisdiction of the juvenile court, the	3813
judges of the division of domestic relations shall have assigned	3814
to them and hear all cases pertaining to paternity, custody,	3815
visitation, child support, or the allocation of parental rights	3816
and responsibilities for the care of children and all post-decree	3817
proceedings arising from any case pertaining to any of those	3818
matters. The judges of the division of domestic relations shall	3819
have assigned to them and hear all proceedings under the uniform	3820
interstate family support act contained in Chapter 3115. of the	3821
Revised Code.	3822

The judge of the division of domestic relations, senior in	3823
point of service, shall be the administrator of the domestic	3824
relations division and its subdivisions and departments and shall	3825
have charge of the employment, assignment, and supervision of the	3826
personnel of the division, including any necessary referees, who	3827
are engaged in handling, servicing, or investigating divorce,	3828
dissolution of marriage, legal separation, and annulment cases.	3829
That judge also shall designate the title, compensation, expense	3830
allowances, hours, leaves of absence, and vacations of the	3831
personnel of the division and shall fix their duties. The duties	3832
of the personnel, in addition to other statutory duties, shall	3833
include the handling, servicing, and investigation of divorce,	3834
dissolution of marriage, legal separation, and annulment cases and	3835
of any counseling and conciliation services that are available	3836
upon request to all persons, whether or not they are parties to an	3837
action pending in the division.	3838

(2) The judge of the court of common pleas whose term begins	3839
on January 1, 1955, and successors, shall have the same	3840
qualifications, exercise the same powers and jurisdiction, and	3841
receive the same compensation as other judges of the court of	3842
common pleas of Summit county, shall be elected and designated as	3843
judge of the court of common pleas, juvenile division, and shall	3844
be, and have the powers and jurisdiction of, the juvenile judge as	3845
provided in Chapters 2151. and 2152. of the Revised Code. Except	3846
in cases that are subject to the exclusive original jurisdiction	3847
of the juvenile court, the judge of the juvenile division shall	3848
not have jurisdiction or the power to hear, and shall not be	3849
assigned, any case pertaining to paternity, custody, visitation,	3850
child support, or the allocation of parental rights and	3851
responsibilities for the care of children or any post-decree	3852
proceeding arising from any case pertaining to any of those	3853
matters. The judge of the juvenile division shall not have	3854
jurisdiction or the power to hear, and shall not be assigned, any	3855
proceeding under the uniform interstate family support act	3856
contained in Chapter 3115. of the Revised Code.	3857

The juvenile judge shall be the administrator of the juvenile	3858
division and its subdivisions and departments and shall have	3859
charge of the employment, assignment, and supervision of the	3860
personnel of the juvenile division, including any necessary	3861
referees, who are engaged in handling, servicing, or investigating	3862
juvenile cases. The judge also shall designate the title,	3863
compensation, expense allowances, hours, leaves of absence, and	3864
vacation of the personnel of the division and shall fix their	3865
duties. The duties of the personnel, in addition to other	3866
statutory duties, shall include the handling, servicing, and	3867
investigation of juvenile cases and of any counseling and	3868
conciliation services that are available upon request to persons,	3869
whether or not they are parties to an action pending in the	3870
division.	3871

(J) In Trumbull county, the judges of the court of common	3872
pleas whose terms begin on January 1, 1953, and January 2, 1977,	3873
and successors, shall have the same qualifications, exercise the	3874
same powers and jurisdiction, and receive the same compensation as	3875
other judges of the court of common pleas of Trumbull county and	3876
shall be elected and designated as judges of the court of common	3877
pleas, division of domestic relations. They shall have all the	3878
powers relating to juvenile courts, and all cases under Chapters	3879
2151. and 2152. of the Revised Code, all parentage proceedings	3880
over which the juvenile court has jurisdiction, and all divorce,	3881
dissolution of marriage, legal separation, and annulment cases	3882
shall be assigned to them, except cases that for some special	3883
reason are assigned to some other judge of the court of common	3884
pleas.	3885

(K) In Butler county:

3886

(1) The judges of the court of common pleas whose terms	3887
begin on January 1, 1957, and January 4, 1993, and successors,	3888
shall have the same qualifications, exercise the same powers and	3889
jurisdiction, and receive the same compensation as other judges of	3890
the court of common pleas of Butler county and shall be elected	3891
and designated as judges of the court of common pleas, division of	3892
domestic relations. The judges of the division of domestic	3893
relations shall have assigned to them all divorce, dissolution of	3894
marriage, legal separation, and annulment cases coming before the	3895
court, except in cases that for some special reason are assigned	3896
to some other judge of the court of common pleas. The judge	3897
senior in point of service shall be charged with the assignment	3898
and division of the work of the division and with the employment	3899
and supervision of all other personnel of the domestic relations	3900
division.	3901

The judge senior in point of service also shall designate the	3902
title, compensation, expense allowances, hours, leaves of absence,	3903
and vacations of the personnel of the division and shall fix their	3904
duties. The duties of the personnel, in addition to other	3905
statutory duties, shall include the handling, servicing, and	3906
investigation of divorce, dissolution of marriage, legal	3907
separation, and annulment cases and providing any counseling and	3908
conciliation services that the division makes available to	3909
persons, whether or not the persons are parties to an action	3910
pending in the division, who request the services.	3911

(2) The judges of the court of common pleas whose terms	3912
begin on January 3, 1987, and January 2, 2003, and successors,	3913
shall have the same qualifications, exercise the same powers and	3914
jurisdiction, and receive the same compensation as other judges of	3915
the court of common pleas of Butler county, shall be elected and	3916
designated as judges of the court of common pleas, juvenile	3917
division, and shall be the juvenile judges as provided in	3918
Chapters 2151. and 2152. of the Revised Code, with the powers and	3919
jurisdictions conferred by those chapters. The judge of the court	3920
of common pleas, juvenile division, who is senior in point of	3921
service, shall be the administrator of the juvenile division and	3922
its subdivisions and departments. The judge, senior in point of	3923
service, shall have charge of the employment, assignment, and	3924
supervision of the personnel of the juvenile division who are	3925
engaged in handling, servicing, or investigating juvenile cases,	3926
including any referees whom the judge considers necessary for the	3927
discharge of the judge's various duties.	3928

The judge, senior in point of service, also shall designate	3929
the title, compensation, expense allowances, hours, leaves of	3930
absence, and vacation of the personnel of the division and shall	3931
fix their duties. The duties of the personnel, in addition to	3932
other statutory duties, include the handling, servicing, and	3933
investigation of juvenile cases and providing any counseling and	3934
conciliation services that the division makes available to	3935
persons, whether or not the persons are parties to an action	3936
pending in the division, who request the services.	3937

(3) If a judge of the court of common pleas, division of	3938
domestic relations or juvenile division, is sick, absent, or	3939
unable to perform that judge's judicial duties or the volume of	3940
cases pending in the judge's division necessitates it, the duties	3941
of that judge shall be performed by the other judges of the	3942
domestic relations and juvenile divisions.	3943

(L)(1) In Cuyahoga county, the judges of the court of common	3944
pleas whose terms begin on January 8, 1961, January 9, 1961,	3945
January 18, 1975, January 19, 1975, and January 13, 1987, and	3946
successors, shall have the same qualifications, exercise the same	3947
powers and jurisdiction, and receive the same compensation as	3948
other judges of the court of common pleas of Cuyahoga county and	3949
shall be elected and designated as judges of the court of common	3950
pleas, division of domestic relations. They shall have all the	3951
powers relating to all divorce, dissolution of marriage, legal	3952
separation, and annulment cases, except in cases that are assigned	3953
to some other judge of the court of common pleas for some special	3954
reason.	3955

(2) The administrative judge is administrator of the	3956
domestic relations division and its subdivisions and departments	3957
and has the following powers concerning division personnel:	3958

(a) Full charge of the employment, assignment, and	3959
supervision;	3960

(b) Sole determination of compensation, duties, expenses,	3961
allowances, hours, leaves, and vacations.	3962

(3) "Division personnel" include persons employed or referees	3963
engaged in hearing, servicing, investigating, counseling, or	3964
conciliating divorce, dissolution of marriage, legal separation	3965
and annulment matters.	3966

(M) In Lake county:

3967

(1) The judge of the court of common pleas whose term begins	3968
on January 2, 1961, and successors, shall have the same	3969
qualifications, exercise the same powers and jurisdiction, and	3970
receive the same compensation as the other judges of the court of	3971
common pleas of Lake county and shall be elected and designated as	3972
judge of the court of common pleas, division of domestic	3973
relations. The judge shall be assigned all the divorce,	3974
dissolution of marriage, legal separation, and annulment cases	3975
coming before the court, except in cases that for some special	3976
reason are assigned to some other judge of the court of common	3977
pleas. The judge shall be charged with the assignment and	3978
division of the work of the division and with the employment and	3979
supervision of all other personnel of the domestic relations	3980
division.	3981

The judge also shall designate the title, compensation,	3982
expense allowances, hours, leaves of absence, and vacations of the	3983
personnel of the division and shall fix their duties. The duties	3984
of the personnel, in addition to other statutory duties, shall	3985
include the handling, servicing, and investigation of divorce,	3986
dissolution of marriage, legal separation, and annulment cases and	3987
providing any counseling and conciliation services that the	3988
division makes available to persons, whether or not the persons	3989
are parties to an action pending in the division, who request the	3990
services.	3991

(2) The judge of the court of common pleas whose term begins	3992
on January 4, 1979, and successors, shall have the same	3993
qualifications, exercise the same powers and jurisdiction, and	3994
receive the same compensation as other judges of the court of	3995
common pleas of Lake county, shall be elected and designated as	3996
judge of the court of common pleas, juvenile division, and shall	3997
be the juvenile judge as provided in Chapters 2151. and 2152. of	3998
the Revised Code, with the powers and jurisdictions conferred by	3999
those chapters. The judge of the court of common pleas, juvenile	4000
division, shall be the administrator of the juvenile division and	4001
its subdivisions and departments. The judge shall have charge of	4002
the employment, assignment, and supervision of the personnel of	4003
the juvenile division who are engaged in handling, servicing, or	4004
investigating juvenile cases, including any referees whom the	4005
judge considers necessary for the discharge of the judge's various	4006
duties.	4007

The judge also shall designate the title, compensation,	4008
expense allowances, hours, leaves of absence, and vacation of the	4009
personnel of the division and shall fix their duties. The duties	4010
of the personnel, in addition to other statutory duties, include	4011
the handling, servicing, and investigation of juvenile cases and	4012
providing any counseling and conciliation services that the	4013
division makes available to persons, whether or not the persons	4014
are parties to an action pending in the division, who request the	4015
services.	4016

(3) If a judge of the court of common pleas, division of	4017
domestic relations or juvenile division, is sick, absent, or	4018
unable to perform that judge's judicial duties or the volume of	4019
cases pending in the judge's division necessitates it, the duties	4020
of that judge shall be performed by the other judges of the	4021
domestic relations and juvenile divisions.	4022

(N) In Erie county, the judge of the court of common pleas	4023
whose term begins on January 2, 1971, and successors, shall have	4024
the same qualifications, exercise the same powers and	4025
jurisdiction, and receive the same compensation as the other judge	4026
of the court of common pleas of Erie county and shall be elected	4027
and designated as judge of the court of common pleas, division of	4028
domestic relations. The judge shall have all the powers relating	4029
to juvenile courts, and shall be assigned all cases under Chapters	4030
2151. and 2152. of the Revised Code, parentage proceedings over	4031
which the juvenile court has jurisdiction, and divorce,	4032
dissolution of marriage, legal separation, and annulment cases,	4033
except cases that for some special reason are assigned to some	4034
other judge.	4035

(O) In Greene county:

4036

(1) The judge of the court of common pleas whose term begins	4037
on January 1, 1961, and successors, shall have the same	4038
qualifications, exercise the same powers and jurisdiction, and	4039
receive the same compensation as the other judges of the court of	4040
common pleas of Greene county and shall be elected and designated	4041
as the judge of the court of common pleas, division of domestic	4042
relations. The judge shall be assigned all divorce, dissolution	4043
of marriage, legal separation, annulment, uniform reciprocal	4044
support enforcement, and domestic violence cases and all other	4045
cases related to domestic relations, except cases that for some	4046
special reason are assigned to some other judge of the court of	4047
common pleas.	4048

The judge shall be charged with the assignment and division	4049
of the work of the division and with the employment and	4050
supervision of all other personnel of the division. The judge	4051
also shall designate the title, compensation, hours, leaves of	4052
absence, and vacations of the personnel of the division and shall	4053
fix their duties. The duties of the personnel of the division, in	4054
addition to other statutory duties, shall include the handling,	4055
servicing, and investigation of divorce, dissolution of marriage,	4056
legal separation, and annulment cases and the provision of	4057
counseling and conciliation services that the division considers	4058
necessary and makes available to persons who request the services,	4059
whether or not the persons are parties in an action pending in the	4060
division. The compensation for the personnel shall be paid from	4061
the overall court budget and shall be included in the	4062
appropriations for the existing judges of the general division of	4063
the court of common pleas.	4064

(2) The judge of the court of common pleas whose term begins	4065
on January 1, 1995, and successors, shall have the same	4066
qualifications, exercise the same powers and jurisdiction, and	4067
receive the same compensation as the other judges of the court of	4068
common pleas of Greene county, shall be elected and designated as	4069
judge of the court of common pleas, juvenile division, and, on or	4070
after January 1, 1995, shall be the juvenile judge as provided in	4071
Chapters 2151. and 2152. of the Revised Code with the powers and	4072
jurisdiction conferred by those chapters. The judge of the court	4073
of common pleas, juvenile division, shall be the administrator of	4074
the juvenile division and its subdivisions and departments. The	4075
judge shall have charge of the employment, assignment, and	4076
supervision of the personnel of the juvenile division who are	4077
engaged in handling, servicing, or investigating juvenile cases,	4078
including any referees whom the judge considers necessary for the	4079
discharge of the judge's various duties.	4080

The judge also shall designate the title, compensation,	4081
expense allowances, hours, leaves of absence, and vacation of the	4082
personnel of the division and shall fix their duties. The duties	4083
of the personnel, in addition to other statutory duties, include	4084
the handling, servicing, and investigation of juvenile cases and	4085
providing any counseling and conciliation services that the court	4086
makes available to persons, whether or not the persons are parties	4087
to an action pending in the court, who request the services.	4088

(3) If one of the judges of the court of common pleas,	4089
general division, is sick, absent, or unable to perform that	4090
judge's judicial duties or the volume of cases pending in the	4091
general division necessitates it, the duties of that judge of the	4092
general division shall be performed by the judge of the division	4093
of domestic relations and the judge of the juvenile division.	4094

(P) In Portage county, the judge of the court of common	4095
pleas, whose term begins January 2, 1987, and successors, shall	4096
have the same qualifications, exercise the same powers and	4097
jurisdiction, and receive the same compensation as the other	4098
judges of the court of common pleas of Portage county and shall be	4099
elected and designated as judge of the court of common pleas,	4100
division of domestic relations. The judge shall be assigned all	4101
divorce, dissolution of marriage, legal separation, and annulment	4102
cases coming before the court, except in cases that for some	4103
special reason are assigned to some other judge of the court of	4104
common pleas. The judge shall be charged with the assignment and	4105
division of the work of the division and with the employment and	4106
supervision of all other personnel of the domestic relations	4107
division.	4108

The judge also shall designate the title, compensation,	4109
expense allowances, hours, leaves of absence, and vacations of the	4110
personnel of the division and shall fix their duties. The duties	4111
of the personnel, in addition to other statutory duties, shall	4112
include the handling, servicing, and investigation of divorce,	4113
dissolution of marriage, legal separation, and annulment cases and	4114
providing any counseling and conciliation services that the	4115
division makes available to persons, whether or not the persons	4116
are parties to an action pending in the division, who request the	4117
services.	4118

(Q) In Clermont county, the judge of the court of common	4119
pleas, whose term begins January 2, 1987, and successors, shall	4120
have the same qualifications, exercise the same powers and	4121
jurisdiction, and receive the same compensation as the other	4122
judges of the court of common pleas of Clermont county and shall	4123
be elected and designated as judge of the court of common pleas,	4124
division of domestic relations. The judge shall be assigned all	4125
divorce, dissolution of marriage, legal separation, and annulment	4126
cases coming before the court, except in cases that for some	4127
special reason are assigned to some other judge of the court of	4128
common pleas. The judge shall be charged with the assignment and	4129
division of the work of the division and with the employment and	4130
supervision of all other personnel of the domestic relations	4131
division.	4132

The judge also shall designate the title, compensation,	4133
expense allowances, hours, leaves of absence, and vacations of the	4134
personnel of the division and shall fix their duties. The duties	4135
of the personnel, in addition to other statutory duties, shall	4136
include the handling, servicing, and investigation of divorce,	4137
dissolution of marriage, legal separation, and annulment cases and	4138
providing any counseling and conciliation services that the	4139
division makes available to persons, whether or not the persons	4140
are parties to an action pending in the division, who request the	4141
services.	4142

(R) In Warren county, the judge of the court of common	4143
pleas, whose term begins January 1, 1987, and successors, shall	4144
have the same qualifications, exercise the same powers and	4145
jurisdiction, and receive the same compensation as the other	4146
judges of the court of common pleas of Warren county and shall be	4147
elected and designated as judge of the court of common pleas,	4148
division of domestic relations. The judge shall be assigned all	4149
divorce, dissolution of marriage, legal separation, and annulment	4150
cases coming before the court, except in cases that for some	4151
special reason are assigned to some other judge of the court of	4152
common pleas. The judge shall be charged with the assignment and	4153
division of the work of the division and with the employment and	4154
supervision of all other personnel of the domestic relations	4155
division.	4156

The judge also shall designate the title, compensation,	4157
expense allowances, hours, leaves of absence, and vacations of the	4158
personnel of the division and shall fix their duties. The duties	4159
of the personnel, in addition to other statutory duties, shall	4160
include the handling, servicing, and investigation of divorce,	4161
dissolution of marriage, legal separation, and annulment cases and	4162
providing any counseling and conciliation services that the	4163
division makes available to persons, whether or not the persons	4164
are parties to an action pending in the division, who request the	4165
services.	4166

(S) In Licking county, the judge of the court of common	4167
pleas, whose term begins January 1, 1991, and successors, shall	4168
have the same qualifications, exercise the same powers and	4169
jurisdiction, and receive the same compensation as the other	4170
judges of the court of common pleas of Licking county and shall be	4171
elected and designated as judge of the court of common pleas,	4172
division of domestic relations. The judge shall be assigned all	4173
divorce, dissolution of marriage, legal separation, and annulment	4174
cases, all cases arising under Chapter 3111. of the Revised Code,	4175
all proceedings involving child support, the allocation of	4176
parental rights and responsibilities for the care of children and	4177
the designation for the children of a place of residence and legal	4178
custodian, parenting time, and visitation, and all post-decree	4179
proceedings and matters arising from those cases and proceedings,	4180
except in cases that for some special reason are assigned to	4181
another judge of the court of common pleas. The judge shall be	4182
charged with the assignment and division of the work of the	4183
division and with the employment and supervision of the personnel	4184
of the division.	4185

The judge shall designate the title, compensation, expense	4186
allowances, hours, leaves of absence, and vacations of the	4187
personnel of the division and shall fix the duties of the	4188
personnel of the division. The duties of the personnel of the	4189
division, in addition to other statutory duties, shall include the	4190
handling, servicing, and investigation of divorce, dissolution of	4191
marriage, legal separation, and annulment cases, cases arising	4192
under Chapter 3111. of the Revised Code, and proceedings involving	4193
child support, the allocation of parental rights and	4194
responsibilities for the care of children and the designation for	4195
the children of a place of residence and legal custodian,	4196
parenting time, and visitation and providing any counseling and	4197
conciliation services that the division makes available to	4198
persons, whether or not the persons are parties to an action	4199
pending in the division, who request the services.	4200

(T) In Allen county, the judge of the court of common pleas,	4201
whose term begins January 1, 1993, and successors, shall have the	4202
same qualifications, exercise the same powers and jurisdiction,	4203
and receive the same compensation as the other judges of the court	4204
of common pleas of Allen county and shall be elected and	4205
designated as judge of the court of common pleas, division of	4206
domestic relations. The judge shall be assigned all divorce,	4207
dissolution of marriage, legal separation, and annulment cases,	4208
all cases arising under Chapter 3111. of the Revised Code, all	4209
proceedings involving child support, the allocation of parental	4210
rights and responsibilities for the care of children and the	4211
designation for the children of a place of residence and legal	4212
custodian, parenting time, and visitation, and all post-decree	4213
proceedings and matters arising from those cases and proceedings,	4214
except in cases that for some special reason are assigned to	4215
another judge of the court of common pleas. The judge shall be	4216
charged with the assignment and division of the work of the	4217
division and with the employment and supervision of the personnel	4218
of the division.	4219

The judge shall designate the title, compensation, expense	4220
allowances, hours, leaves of absence, and vacations of the	4221
personnel of the division and shall fix the duties of the	4222
personnel of the division. The duties of the personnel of the	4223
division, in addition to other statutory duties, shall include the	4224
handling, servicing, and investigation of divorce, dissolution of	4225
marriage, legal separation, and annulment cases, cases arising	4226
under Chapter 3111. of the Revised Code, and proceedings involving	4227
child support, the allocation of parental rights and	4228
responsibilities for the care of children and the designation for	4229
the children of a place of residence and legal custodian,	4230
parenting time, and visitation, and providing any counseling and	4231
conciliation services that the division makes available to	4232
persons, whether or not the persons are parties to an action	4233
pending in the division, who request the services.	4234

(U) In Medina county, the judge of the court of common pleas	4235
whose term begins January 1, 1995, and successors, shall have the	4236
same qualifications, exercise the same powers and jurisdiction,	4237
and receive the same compensation as other judges of the court of	4238
common pleas of Medina county and shall be elected and designated	4239
as judge of the court of common pleas, division of domestic	4240
relations. The judge shall be assigned all divorce, dissolution	4241
of marriage, legal separation, and annulment cases, all cases	4242
arising under Chapter 3111. of the Revised Code, all proceedings	4243
involving child support, the allocation of parental rights and	4244
responsibilities for the care of children and the designation for	4245
the children of a place of residence and legal custodian,	4246
parenting time, and visitation, and all post-decree proceedings	4247
and matters arising from those cases and proceedings, except in	4248
cases that for some special reason are assigned to another judge	4249
of the court of common pleas. The judge shall be charged with the	4250
assignment and division of the work of the division and with the	4251
employment and supervision of the personnel of the division.	4252

The judge shall designate the title, compensation, expense	4253
allowances, hours, leaves of absence, and vacations of the	4254
personnel of the division and shall fix the duties of the	4255
personnel of the division. The duties of the personnel, in	4256
addition to other statutory duties, include the handling,	4257
servicing, and investigation of divorce, dissolution of marriage,	4258
legal separation, and annulment cases, cases arising under Chapter	4259
3111. of the Revised Code, and proceedings involving child	4260
support, the allocation of parental rights and responsibilities	4261
for the care of children and the designation for the children of a	4262
place of residence and legal custodian, parenting time, and	4263
visitation, and providing counseling and conciliation services	4264
that the division makes available to persons, whether or not the	4265
persons are parties to an action pending in the division, who	4266
request the services.	4267

(V) In Fairfield county, the judge of the court of common	4268
pleas whose term begins January 2, 1995, and successors, shall	4269
have the same qualifications, exercise the same powers and	4270
jurisdiction, and receive the same compensation as the other	4271
judges of the court of common pleas of Fairfield county and shall	4272
be elected and designated as judge of the court of common pleas,	4273
division of domestic relations. The judge shall be assigned all	4274
divorce, dissolution of marriage, legal separation, and annulment	4275
cases, all cases arising under Chapter 3111. of the Revised Code,	4276
all proceedings involving child support, the allocation of	4277
parental rights and responsibilities for the care of children and	4278
the designation for the children of a place of residence and legal	4279
custodian, parenting time, and visitation, and all post-decree	4280
proceedings and matters arising from those cases and proceedings,	4281
except in cases that for some special reason are assigned to	4282
another judge of the court of common pleas. The judge also has	4283
concurrent jurisdiction with the probate-juvenile division of the	4284
court of common pleas of Fairfield county with respect to and may	4285
hear cases to determine the custody of a child, as defined in	4286
section 2151.011 of the Revised Code, who is not the ward of	4287
another court of this state, cases that are commenced by a parent,	4288
guardian, or custodian of a child, as defined in section 2151.011	4289
of the Revised Code, to obtain an order requiring a parent of the	4290
child to pay child support for that child when the request for	4291
that order is not ancillary to an action for divorce, dissolution	4292
of marriage, annulment, or legal separation, a criminal or civil	4293
action involving an allegation of domestic violence, an action for	4294
support under Chapter 3115. of the Revised Code, or an action that	4295
is within the exclusive original jurisdiction of the	4296
probate-juvenile division of the court of common pleas of	4297
Fairfield county and that involves an allegation that the child is	4298
an abused, neglected, or dependent child, and post-decree	4299
proceedings and matters arising from those types of cases.	4300

The judge of the domestic relations division shall be charged	4301
with the assignment and division of the work of the division and	4302
with the employment and supervision of the personnel of the	4303
division.	4304

The judge shall designate the title, compensation, expense	4305
allowances, hours, leaves of absence, and vacations of the	4306
personnel of the division and shall fix the duties of the	4307
personnel of the division. The duties of the personnel of the	4308
division, in addition to other statutory duties, shall include the	4309
handling, servicing, and investigation of divorce, dissolution of	4310
marriage, legal separation, and annulment cases, cases arising	4311
under Chapter 3111. of the Revised Code, and proceedings involving	4312
child support, the allocation of parental rights and	4313
responsibilities for the care of children and the designation for	4314
the children of a place of residence and legal custodian,	4315
parenting time, and visitation, and providing any counseling and	4316
conciliation services that the division makes available to	4317
persons, regardless of whether the persons are parties to an	4318
action pending in the division, who request the services. When	4319
the judge hears a case to determine the custody of a child, as	4320
defined in section 2151.011 of the Revised Code, who is not the	4321
ward of another court of this state or a case that is commenced by	4322
a parent, guardian, or custodian of a child, as defined in section	4323
2151.011 of the Revised Code, to obtain an order requiring a	4324
parent of the child to pay child support for that child when the	4325
request for that order is not ancillary to an action for divorce,	4326
dissolution of marriage, annulment, or legal separation, a	4327
criminal or civil action involving an allegation of domestic	4328
violence, an action for support under Chapter 3115. of the Revised	4329
Code, or an action that is within the exclusive original	4330
jurisdiction of the probate-juvenile division of the court of	4331
common pleas of Fairfield county and that involves an allegation	4332
that the child is an abused, neglected, or dependent child, the	4333
duties of the personnel of the domestic relations division also	4334
include the handling, servicing, and investigation of those types	4335
of cases.	4336

(W)(1) In Clark county, the judge of the court of common	4337
pleas whose term begins on January 2, 1995, and successors, shall	4338
have the same qualifications, exercise the same powers and	4339
jurisdiction, and receive the same compensation as other judges of	4340
the court of common pleas of Clark county and shall be elected and	4341
designated as judge of the court of common pleas, domestic	4342
relations division. The judge shall have all the powers relating	4343
to juvenile courts, and all cases under Chapters 2151. and 2152.	4344
of the Revised Code and all parentage proceedings under Chapter	4345
3111. of the Revised Code over which the juvenile court has	4346
jurisdiction shall be assigned to the judge of the division of	4347
domestic relations. All divorce, dissolution of marriage, legal	4348
separation, annulment, uniform reciprocal support enforcement, and	4349
other cases related to domestic relations shall be assigned to the	4350
domestic relations division, and the presiding judge of the court	4351
of common pleas shall assign the cases to the judge of the	4352
domestic relations division and the judges of the general	4353
division.	4354

(2) In addition to the judge's regular duties, the judge of	4355
the division of domestic relations shall serve on the children	4356
services board and the county advisory board.	4357

(3) If the judge of the court of common pleas of Clark	4358
county, division of domestic relations, is sick, absent, or unable	4359
to perform that judge's judicial duties or if the presiding judge	4360
of the court of common pleas of Clark county determines that the	4361
volume of cases pending in the division of domestic relations	4362
necessitates it, the duties of the judge of the division of	4363
domestic relations shall be performed by the judges of the general	4364
division or probate division of the court of common pleas of Clark	4365
county, as assigned for that purpose by the presiding judge of	4366
that court, and the judges so assigned shall act in conjunction	4367
with the judge of the division of domestic relations of that	4368
court.	4369

(X) In Scioto county, the judge of the court of common pleas	4370
whose term begins January 2, 1995, and successors, shall have the	4371
same qualifications, exercise the same powers and jurisdiction,	4372
and receive the same compensation as other judges of the court of	4373
common pleas of Scioto county and shall be elected and designated	4374
as judge of the court of common pleas, division of domestic	4375
relations. The judge shall be assigned all divorce, dissolution	4376
of marriage, legal separation, and annulment cases, all cases	4377
arising under Chapter 3111. of the Revised Code, all proceedings	4378
involving child support, the allocation of parental rights and	4379
responsibilities for the care of children and the designation for	4380
the children of a place of residence and legal custodian,	4381
parenting time, visitation, and all post-decree proceedings and	4382
matters arising from those cases and proceedings, except in cases	4383
that for some special reason are assigned to another judge of the	4384
court of common pleas. The judge shall be charged with the	4385
assignment and division of the work of the division and with the	4386
employment and supervision of the personnel of the division.	4387

The judge shall designate the title, compensation, expense	4388
allowances, hours, leaves of absence, and vacations of the	4389
personnel of the division and shall fix the duties of the	4390
personnel of the division. The duties of the personnel, in	4391
addition to other statutory duties, include the handling,	4392
servicing, and investigation of divorce, dissolution of marriage,	4393
legal separation, and annulment cases, cases arising under Chapter	4394
3111. of the Revised Code, and proceedings involving child	4395
support, the allocation of parental rights and responsibilities	4396
for the care of children and the designation for the children of a	4397
place of residence and legal custodian, parenting time, and	4398
visitation, and providing counseling and conciliation services	4399
that the division makes available to persons, whether or not the	4400
persons are parties to an action pending in the division, who	4401
request the services.	4402

(Y) In Auglaize county, the judge of the probate and	4403
juvenile divisions of the Auglaize county court of common pleas	4404
also shall be the administrative judge of the domestic relations	4405
division of the court and shall be assigned all divorce,	4406
dissolution of marriage, legal separation, and annulment cases	4407
coming before the court. The judge shall have all powers as	4408
administrator of the domestic relations division and shall have	4409
charge of the personnel engaged in handling, servicing, or	4410
investigating divorce, dissolution of marriage, legal separation,	4411
and annulment cases, including any referees considered necessary	4412
for the discharge of the judge's various duties.	4413

(Z)(1) In Marion county, the judge of the court of common	4414
pleas whose term begins on February 9, 1999, and the successors to	4415
that judge, shall have the same qualifications, exercise the same	4416
powers and jurisdiction, and receive the same compensation as the	4417
other judges of the court of common pleas of Marion county and	4418
shall be elected and designated as judge of the court of common	4419
pleas, domestic relations-juvenile-probate division. Except as	4420
otherwise specified in this division, that judge, and the	4421
successors to that judge, shall have all the powers relating to	4422
juvenile courts, and all cases under Chapters 2151. and 2152. of	4423
the Revised Code, all cases arising under Chapter 3111. of the	4424
Revised Code, all divorce, dissolution of marriage, legal	4425
separation, and annulment cases, all proceedings involving child	4426
support, the allocation of parental rights and responsibilities	4427
for the care of children and the designation for the children of a	4428
place of residence and legal custodian, parenting time, and	4429
visitation, and all post-decree proceedings and matters arising	4430
from those cases and proceedings shall be assigned to that judge	4431
and the successors to that judge. Except as provided in division	4432
(Z)(2) of this section and notwithstanding any other provision of	4433
any section of the Revised Code, on and after February 9, 2003,	4434
the judge of the court of common pleas of Marion county whose term	4435
begins on February 9, 1999, and the successors to that judge,	4436
shall have all the powers relating to the probate division of the	4437
court of common pleas of Marion county in addition to the powers	4438
previously specified in this division, and shall exercise	4439
concurrent jurisdiction with the judge of the probate division of	4440
that court over all matters that are within the jurisdiction of	4441
the probate division of that court under Chapter 2101., and other	4442
provisions, of the Revised Code in addition to the jurisdiction of	4443
the domestic relations-juvenile-probate division of that court	4444
otherwise specified in division (Z)(1) of this section.	4445

(2) The judge of the domestic relations-juvenile-probate	4446
division of the court of common pleas of Marion county or the	4447
judge of the probate division of the court of common pleas of	4448
Marion county, whichever of those judges is senior in total length	4449
of service on the court of common pleas of Marion county,	4450
regardless of the division or divisions of service, shall serve as	4451
the clerk of the probate division of the court of common pleas of	4452
Marion county.	4453

(3) On and after February 9, 2003, all references in law to	4454
"the probate court," "the probate judge," "the juvenile court," or	4455
"the judge of the juvenile court" shall be construed, with respect	4456
to Marion county, as being references to both "the probate	4457
division" and "the domestic relations-juvenile-probate division"	4458
and as being references to both "the judge of the probate	4459
division" and "the judge of the domestic relations-	4460
juvenile-probate division." On and after February 9, 2003, all	4461
references in law to "the clerk of the probate court" shall be	4462
construed, with respect to Marion county, as being references to	4463
the judge who is serving pursuant to division (Z)(2) of this	4464
section as the clerk of the probate division of the court of	4465
common pleas of Marion county.	4466

(AA) In Muskingum county, the judge of the court of common	4467
pleas whose term begins on January 2, 2003, and successors, shall	4468
have the same qualifications, exercise the same powers and	4469
jurisdiction, and receive the same compensation as the other	4470
judges of the court of common pleas of Muskingum county and shall	4471
be elected and designated as the judge of the court of common	4472
pleas, division of domestic relations. The judge shall be	4473
assigned and hear all divorce, dissolution of marriage, legal	4474
separation, and annulment cases and all proceedings under the	4475
uniform interstate family support act contained in Chapter 3115.	4476
of the Revised Code. Except in cases that are subject to the	4477
exclusive original jurisdiction of the juvenile court, the judge	4478
shall be assigned and hear all cases pertaining to paternity,	4479
visitation, child support, the allocation of parental rights and	4480
responsibilities for the care of children, and the designation for	4481
the children of a place of residence and legal custodian, and all	4482
post-decree proceedings arising from any case pertaining to any of	4483
those matters.	4484

(BB) If a judge of the court of common pleas, division of	4485
domestic relations, or juvenile judge, of any of the counties	4486
mentioned in this section is sick, absent, or unable to perform	4487
that judge's judicial duties or the volume of cases pending in the	4488
judge's division necessitates it, the duties of that judge shall	4489
be performed by another judge of the court of common pleas of that	4490
county, assigned for that purpose by the presiding judge of the	4491
court of common pleas of that county to act in place of or in	4492
conjunction with that judge, as the case may require.	4493

Sec. 2301.27.  (A)(1) The court of common pleas may	4494
establish a county department of probation. The establishment of	4495
the department shall be entered upon the journal of the court, and	4496
the clerk of the court of common pleas shall certify a copy of the	4497
journal entry establishing the department to each elective officer	4498
and board of the county. The department shall consist of a chief	4499
probation officer and the number of other probation officers and	4500
employees, clerks, and stenographers that is fixed from time to	4501
time by the court. The court shall appoint those individuals, fix	4502
their salaries, and supervise their work. The court shall not	4503
appoint as a probation officer any person who does not possess the	4504
training, experience, and other qualifications prescribed by the	4505
adult parole authority created by section 5149.02 of the Revised	4506
Code. Probation officers have all the powers of regular police	4507
officers and shall perform any duties that are designated by the	4508
judge or judges of the court. All positions within the department	4509
of probation shall be in the classified service of the civil	4510
service of the county.	4511

(2) If two or more counties desire to jointly establish a	4512
probation department for those counties, the judges of the courts	4513
of common pleas of those counties may establish a probation	4514
department for those counties. If a probation department is	4515
established pursuant to division (A)(2) of this section to serve	4516
more than one county, the judges of the courts of common pleas	4517
that established the department shall designate the county	4518
treasurer of one of the counties served by the department as the	4519
treasurer to whom probation fees paid under section 2951.021 of	4520
the Revised Code are to be appropriated and transferred under	4521
division (A)(2) of section 321.44 of the Revised Code for deposit	4522
into the multicounty probation services fund established under	4523
division (B) of section 321.44 of the Revised Code.	4524

The cost of the administration and operation of a probation	4525
department established for two or more counties shall be prorated	4526
to the respective counties on the basis of population.	4527

(3) Probation officers shall receive, in addition to their	4528
respective salaries, their necessary and reasonable travel and	4529
other expenses incurred in the performance of their duties. Their	4530
salaries and expenses shall be paid monthly from the county	4531
treasury in the manner provided for the payment of the	4532
compensation of other appointees of the court.	4533

(B)(1) In lieu of establishing a county department of	4534
probation under division (A) of this section and in lieu of	4535
entering into an agreement with the adult parole authority as	4536
described in division (B) of section 2301.32 of the Revised Code,	4537
the court of common pleas may request the board of county	4538
commissioners to contract with, and upon that request the board	4539
may contract with, any nonprofit, public or private agency,	4540
association, or organization for the provision of probation	4541
services and supervisory services for persons placed under	4542
community control sanctions. The contract shall specify that each	4543
individual providing the probation services and supervisory	4544
services shall possess the training, experience, and other	4545
qualifications prescribed by the adult parole authority. The	4546
individuals who provide the probation services and supervisory	4547
services shall not be included in the classified or unclassified	4548
civil service of the county.	4549

(2) In lieu of establishing a county department of probation	4550
under division (A) of this section and in lieu of entering into an	4551
agreement with the adult parole authority as described in division	4552
(B) of section 2301.32 of the Revised Code, the courts of common	4553
pleas of two or more adjoining counties jointly may request the	4554
boards of county commissioners of those counties to contract with,	4555
and upon that request the boards of county commissioners of two or	4556
more adjoining counties jointly may contract with, any nonprofit,	4557
public or private agency, association, or organization for the	4558
provision of probation services and supervisory services for	4559
persons placed under community control sanctions for those	4560
counties. The contract shall specify that each individual	4561
providing the probation services and supervisory services shall	4562
possess the training, experience, and other qualifications	4563
prescribed by the adult parole authority. The individuals who	4564
provide the probation services and supervisory services shall not	4565
be included in the classified or unclassified civil service of any	4566
of those counties.	4567

(C) The chief probation officer may grant permission to a	4568
probation officer to carry firearms when required in the discharge	4569
of official duties, provided that any probation officer who is	4570
granted permission to carry firearms in the discharge of official	4571
duties, within six months of receiving permission to carry a	4572
firearm, shall successfully complete a basic firearm training	4573
program that is conducted at a training school approved by the	4574
Ohio peace officer training commission and that is substantially	4575
similar to the basic firearm training program for peace officers	4576
conducted at the Ohio peace officer training academy and receive a	4577
certificate of satisfactory completion of that program from the	4578
executive director of the Ohio peace officer training commission.	4579
Any probation officer who does not successfully complete a basic	4580
firearm training program within the six-month period after	4581
receiving permission to carry a firearm shall not carry, after the	4582
expiration of that six-month period, a firearm in the discharge of	4583
official duties until the probation officer has successfully	4584
completed a basic firearm training program. A probation officer	4585
who has received a certificate of satisfactory completion of a	4586
basic firearm training program, to maintain the right to carry a	4587
firearm in the discharge of official duties, annually shall	4588
successfully complete a firearms requalification program in	4589
accordance with section 109.801 of the Revised Code.	4590

(D) As used in this section and sections 2301.28 to 2301.32	4591
of the Revised Code, "community control sanction" has the same	4592
meaning as in section 2929.01 of the Revised Code.	4593

Sec. 2301.28.  The court of common pleas of a county in which	4594
a county department of probation has been established under	4595
division (A) of section 2301.27 of the Revised Code, in addition	4596
to employing the department in investigation and in the	4597
administration of its own orders of probationimposing community	4598
control sanctions, shall receive into the legal control or	4599
supervision of the department any person who is a resident of the	4600
county and who has been placed on probationunder a community	4601
control sanction by order of any other court exercising criminal	4602
jurisdiction in this state, whether within or without the county	4603
in which the department of probation is located, upon the request	4604
of the other court and subject to its continuing jurisdiction. The	4605
court of common pleas also shall receive into the legal custody or	4606
supervision of the department any person who is paroled,released	4607
under a post-release control sanction, or conditionally pardoned	4608
from a state correctional institution and who resides or remains	4609
in the county, if requested by the adult parole authority created	4610
by section 5149.02 of the Revised Code or any other authority	4611
having power to parole or release from any institution of that	4612
nature.	4613

As used in this section and section 2301.30 of the Revised	4614
Code, "post-release control sanction" has the same meaning as in	4615
section 2967.01 of the Revised Code.	4616

Sec. 2301.30.  The court of common pleas of a county in which	4617
a county department of probation is established under division (A)	4618
of section 2301.27 of the Revised Code shall require the	4619
department, in the rules through which the supervision of the	4620
department is exercised or otherwise, to do all of the following:	4621

(A) Furnish to each person under a community control	4622
sanction or post-release control sanction or on probation or	4623
parole under its supervision or in its custody, a written	4624
statement of the conditions of probationthe community control	4625
sanction, post-release control sanction, or parole and instruct	4626
himthe person regarding the conditions;	4627

(B) Keep informed concerning the conduct and condition of	4628
each person in its custody or under its supervision by visiting,	4629
the requiring of reports, and otherwise;	4630

(C) Use all suitable methods, not inconsistent with the	4631
conditions of probationthe community control sanction,	4632
post-release control sanction, or parole, to aid and encourage the	4633
persons under its supervision or in its custody and to bring about	4634
improvement in their conduct and condition;	4635

(D) Keep detailed records of the work of the department,	4636
keep accurate and complete accounts of all moneys collected from	4637
persons under its supervision or in its custody, and keep or give	4638
receipts for those moneys;	4639

(E) Make reports to the adult parole authority created by	4640
section 5149.02 of the Revised Code that it requires.	4641

Sec. 2301.32.  (A) In any county in which a county	4642
department of probation has been established under division (A) of	4643
section 2301.27 of the Revised Code and complies with standards	4644
and conditions prescribed by the adult parole authority created by	4645
section 5149.02 of the Revised Code, an agreement may be entered	4646
into between the court of common pleas and the authority under	4647
which the county department of probation correctional may receive	4648
supplemental investigation or supervisory services from the	4649
authority.	4650

(B) In any county in which a county department of probation	4651
has not been established under division (A) of section 2301.27 of	4652
the Revised Code, an agreement may be entered into between the	4653
court of common pleas of that county and the adult parole	4654
authority under which the court of common pleas may place	4655
defendants on probationunder a community control sanction in	4656
charge of the authority, and, in consideration of those	4657
placements, the county shall pay to the state from time to time	4658
the amounts that are provided for in the agreement.	4659

Sec. 2305.234.  (A) As used in this section:

4660

(1) "Chiropractic claim," "medical claim," and "optometric	4661
claim" have the same meanings as in section 2305.11 of the Revised	4662
Code.	4663

(2) "Dental claim" has the same meaning as in section 2305.11	4664
of the Revised Code, except that it does not include any claim	4665
arising out of a dental operation or any derivative claim for	4666
relief that arises out of a dental operation.	4667

(3) "Governmental health care program" has the same meaning	4668
as in section 4731.65 of the Revised Code.	4669

(4) "Health care professional" means any of the following who	4670
provide medical, dental, or other health-related diagnosis, care,	4671
or treatment:	4672

(a) Physicians authorized under Chapter 4731. of the Revised	4673
Code to practice medicine and surgery or osteopathic medicine and	4674
surgery;	4675

(b) Registered nurses and licensed practical nurses licensed	4676
under Chapter 4723. of the Revised Code;	4677

(c) Physician assistants authorized to practice under	4678
Chapter 4730. of the Revised Code;	4679

(d) Dentists and dental hygienists licensed under Chapter	4680
4715. of the Revised Code;	4681

(e) Physical therapists licensed under Chapter 4755. of the	4682
Revised Code;	4683

(f) Chiropractors licensed under Chapter 4734. of the	4684
Revised Code;	4685

(g) Optometrists licensed under Chapter 4725. of the Revised	4686
Code;	4687

(h) Podiatrists authorized under Chapter 4731. of the	4688
Revised Code to practice podiatry;	4689

(i) Dietitians licensed under Chapter 4759. of the Revised	4690
Code;	4691

(j) Pharmacists licensed under Chapter 4729. of the Revised	4692
Code.	4693

(5) "Health care worker" means a person other than a health	4694
care professional who provides medical, dental, or other	4695
health-related care or treatment under the direction of a health	4696
care professional with the authority to direct that individual's	4697
activities, including medical technicians, medical assistants,	4698
dental assistants, orderlies, aides, and individuals acting in	4699
similar capacities.	4700

(6) "Indigent and uninsured person" means a person who meets	4701
all of the following requirements:	4702

(a) The person's income is not greater than one hundred	4703
fifty per cent of the current poverty line as defined by the	4704
United States office of management and budget and revised in	4705
accordance with section 673(2) of the "Omnibus Budget	4706
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	4707
amended.	4708

(b) The person is not eligible to receive medical assistance	4709
under Chapter 5111., disability assistance medical assistance	4710
under Chapter 5115. of the Revised Code, or assistance under any	4711
other governmental health care program.	4712

(c) Either of the following applies:

4713

(i) The person is not a policyholder, certificate holder,	4714
insured, contract holder, subscriber, enrollee, member,	4715
beneficiary, or other covered individual under a health insurance	4716
or health care policy, contract, or plan.	4717

(ii) The person is a policyholder, certificate holder,	4718
insured, contract holder, subscriber, enrollee, member,	4719
beneficiary, or other covered individual under a health insurance	4720
or health care policy, contract, or plan, but the insurer, policy,	4721
contract, or plan denies coverage or is the subject of insolvency	4722
or bankruptcy proceedings in any jurisdiction.	4723

(7) "Operation" means any procedure that involves cutting or	4724
otherwise infiltrating human tissue by mechanical means, including	4725
surgery, laser surgery, ionizing radiation, therapeutic	4726
ultrasound, or the removal of intraocular foreign bodies.	4727
"Operation" does not include the administration of medication by	4728
injection, unless the injection is administered in conjunction	4729
with a procedure infiltrating human tissue by mechanical means	4730
other than the administration of medicine by injection.	4731

(8) "Nonprofit shelter or health care facility" means a	4732
charitable nonprofit corporation organized and operated pursuant	4733
to Chapter 1702. of the Revised Code, or any charitable	4734
organization not organized and not operated for profit, that	4735
provides shelter, health care services, or shelter and health care	4736
services to indigent and uninsured persons, except that "shelter	4737
or health care facility" does not include a hospital as defined in	4738
section 3727.01 of the Revised Code, a facility licensed under	4739
Chapter 3721. of the Revised Code, or a medical facility that is	4740
operated for profit.	4741

(9) "Tort action" means a civil action for damages for	4742
injury, death, or loss to person or property other than a civil	4743
action for damages for a breach of contract or another agreement	4744
between persons or government entities.	4745

(10) "Volunteer" means an individual who provides any	4746
medical, dental, or other health-care related diagnosis, care, or	4747
treatment without the expectation of receiving and without receipt	4748
of any compensation or other form of remuneration from an indigent	4749
and uninsured person, another person on behalf of an indigent and	4750
uninsured person, any shelter or health care facility, or any	4751
other person or government entity.	4752

(11) "Community control sanction" has the same meaning as in	4753
section 2929.01 of the Revised Code.	4754

(B)(1) Subject to divisions (E) and (F)(3) of this section,	4755
a health care professional who is a volunteer and complies with	4756
division (B)(2) of this section is not liable in damages to any	4757
person or government entity in a tort or other civil action,	4758
including an action on a medical, dental, chiropractic,	4759
optometric, or other health-related claim, for injury, death, or	4760
loss to person or property that allegedly arises from an action or	4761
omission of the volunteer in the provision at a nonprofit shelter	4762
or health care facility to an indigent and uninsured person of	4763
medical, dental, or other health-related diagnosis, care, or	4764
treatment, including the provision of samples of medicine and	4765
other medical products, unless the action or omission constitutes	4766
willful or wanton misconduct.	4767

(2) To qualify for the immunity described in division (B)(1)	4768
of this section, a health care professional shall do all of the	4769
following prior to providing diagnosis, care, or treatment:	4770

(a) Determine, in good faith, that the indigent and	4771
uninsured person is mentally capable of giving informed consent to	4772
the provision of the diagnosis, care, or treatment and is not	4773
subject to duress or under undue influence;	4774

(b) Inform the person of the provisions of this section;

4775

(c) Obtain the informed consent of the person and a written	4776
waiver, signed by the person or by another individual on behalf of	4777
and in the presence of the person, that states that the person is	4778
mentally competent to give informed consent and, without being	4779
subject to duress or under undue influence, gives informed consent	4780
to the provision of the diagnosis, care, or treatment subject to	4781
the provisions of this section.	4782

(3) A physician or podiatrist who is not covered by medical	4783
malpractice insurance, but complies with division (B)(2) of this	4784
section, is not required to comply with division (A) of section	4785
4731.143 of the Revised Code.	4786

(C) Subject to divisions (E) and (F)(3) of this section,	4787
health care workers who are volunteers are not liable in damages	4788
to any person or government entity in a tort or other civil	4789
action, including an action upon a medical, dental, chiropractic,	4790
optometric, or other health-related claim, for injury, death, or	4791
loss to person or property that allegedly arises from an action or	4792
omission of the health care worker in the provision at a nonprofit	4793
shelter or health care facility to an indigent and uninsured	4794
person of medical, dental, or other health-related diagnosis,	4795
care, or treatment, unless the action or omission constitutes	4796
willful or wanton misconduct.	4797

(D) Subject to divisions (E) and (F)(3) of this section and	4798
section 3701.071 of the Revised Code, a nonprofit shelter or	4799
health care facility associated with a health care professional	4800
described in division (B)(1) of this section or a health care	4801
worker described in division (C) of this section is not liable in	4802
damages to any person or government entity in a tort or other	4803
civil action, including an action on a medical, dental,	4804
chiropractic, optometric, or other health-related claim, for	4805
injury, death, or loss to person or property that allegedly arises	4806
from an action or omission of the health care professional or	4807
worker in providing for the shelter or facility medical, dental,	4808
or other health-related diagnosis, care, or treatment to an	4809
indigent and uninsured person, unless the action or omission	4810
constitutes willful or wanton misconduct.	4811

(E)(1) Except as provided in division (E)(2) of this	4812
section, the immunities provided by divisions (B), (C), and (D) of	4813
this section are not available to an individual or to a nonprofit	4814
shelter or health care facility if, at the time of an alleged	4815
injury, death, or loss to person or property, the individuals	4816
involved are providing one of the following:	4817

(a) Any medical, dental, or other health-related diagnosis,	4818
care, or treatment pursuant to a community service work order	4819
entered by a court under division (F)(B) of section 2951.02 of the	4820
Revised Code as a condition of probation or other suspension of a	4821
term of imprisonment or imposed by a court as a community control	4822
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	4823
Code.;	4824

(b) Performance of an operation.;

4825

(c) Delivery of a baby.

4826

(2) Division (E)(1) of this section does not apply to an	4827
individual who provides, or a nonprofit shelter or health care	4828
facility at which the individual provides, diagnosis, care, or	4829
treatment that is necessary to preserve the life of a person in a	4830
medical emergency.	4831

(F)(1) This section does not create a new cause of action or	4832
substantive legal right against a health care professional, health	4833
care worker, or nonprofit shelter or health care facility.	4834

(2) This section does not affect any immunities from civil	4835
liability or defenses established by another section of the	4836
Revised Code or available at common law to which an individual or	4837
a nonprofit shelter or health care facility may be entitled in	4838
connection with the provision of emergency or other diagnosis,	4839
care, or treatment.	4840

(3) This section does not grant an immunity from tort or	4841
other civil liability to an individual or a nonprofit shelter or	4842
health care facility for actions that are outside the scope of	4843
authority of health care professionals or health care workers.	4844

(4) This section does not affect any legal responsibility of	4845
a health care professional or health care worker to comply with	4846
any applicable law of this state or rule of an agency of this	4847
state.	4848

(5) This section does not affect any legal responsibility of	4849
a nonprofit shelter or health care facility to comply with any	4850
applicable law of this state, rule of an agency of this state, or	4851
local code, ordinance, or regulation that pertains to or regulates	4852
building, housing, air pollution, water pollution, sanitation,	4853
health, fire, zoning, or safety.	4854

Sec. 2903.13.  (A) No person shall knowingly cause or	4855
attempt to cause physical harm to another or to another's unborn.	4856

(B) No person shall recklessly cause serious physical harm	4857
to another or to another's unborn.	4858

(C) Whoever violates this section is guilty of assault.	4859
Except as otherwise provided in division (C)(1), (2), (3), (4),	4860
or (5) of this section, assault is a misdemeanor of the first	4861
degree.	4862

(1) Except as otherwise provided in this division, if the	4863
offense is committed by a caretaker against a functionally	4864
impaired person under the caretaker's care, assault is a felony of	4865
the fourth degree. If the offense is committed by a caretaker	4866
against a functionally impaired person under the caretaker's care,	4867
if the offender previously has been convicted of or pleaded guilty	4868
to a violation of this section or section 2903.11 or 2903.16 of	4869
the Revised Code, and if in relation to the previous conviction	4870
the offender was a caretaker and the victim was a functionally	4871
impaired person under the offender's care, assault is a felony of	4872
the third degree.	4873

(2) If the offense is committed in any of the following	4874
circumstances, assault is a felony of the fifth degree:	4875

(a) The offense occurs in or on the grounds of a state	4876
correctional institution or an institution of the department of	4877
youth services, the victim of the offense is an employee of the	4878
department of rehabilitation and correction, the department of	4879
youth services, or a probation department or is on the premises of	4880
the particular institution for business purposes or as a visitor,	4881
and the offense is committed by a person incarcerated in the state	4882
correctional institution, by a person institutionalized in the	4883
department of youth services institution pursuant to a commitment	4884
to the department of youth services, by a probationer or parolee,	4885
by an offender under transitional control, under a community	4886
control sanction, or on an escorted visit, by a person under	4887
post-release control, or by an offender under any other type of	4888
supervision by a government agency.	4889

(b) The offense occurs in or on the grounds of a local	4890
correctional facility, the victim of the offense is an employee of	4891
the local correctional facility or a probation department or is on	4892
the premises of the facility for business purposes or as a	4893
visitor, and the offense is committed by a person who is under	4894
custody in the facility subsequent to the person's arrest for any	4895
crime or delinquent act, subsequent to the person's being charged	4896
with or convicted of any crime, or subsequent to the person's	4897
being alleged to be or adjudicated a delinquent child.	4898

(c) The offense occurs off the grounds of a state	4899
correctional institution and off the grounds of an institution of	4900
the department of youth services, the victim of the offense is an	4901
employee of the department of rehabilitation and correction, the	4902
department of youth services, or a probation department, the	4903
offense occurs during the employee's official work hours and while	4904
the employee is engaged in official work responsibilities, and the	4905
offense is committed by a person incarcerated in a state	4906
correctional institution or institutionalized in the department of	4907
youth services who temporarily is outside of the institution for	4908
any purpose, by a probationer or parolee, by an offender under	4909
transitional control, under a community control sanction, or on an	4910
escorted visit, by a person under post-release control, or by an	4911
offender under any other type of supervision by a government	4912
agency.	4913

(d) The offense occurs off the grounds of a local	4914
correctional facility, the victim of the offense is an employee of	4915
the local correctional facility or a probation department, the	4916
offense occurs during the employee's official work hours and while	4917
the employee is engaged in official work responsibilities, and the	4918
offense is committed by a person who is under custody in the	4919
facility subsequent to the person's arrest for any crime or	4920
delinquent act, subsequent to the person being charged with or	4921
convicted of any crime, or subsequent to the person being alleged	4922
to be or adjudicated a delinquent child and who temporarily is	4923
outside of the facility for any purpose or by a probationer or	4924
parolee, by an offender under transitional control, under a	4925
community control sanction, or on an escorted visit, by a person	4926
under post-release control, or by an offender under any other type	4927
of supervision by a government agency.	4928

(e) The victim of the offense is a school teacher or	4929
administrator or a school bus operator, and the offense occurs in	4930
a school, on school premises, in a school building, on a school	4931
bus, or while the victim is outside of school premises or a school	4932
bus and is engaged in duties or official responsibilities	4933
associated with the victim's employment or position as a school	4934
teacher or administrator or a school bus operator, including, but	4935
not limited to, driving, accompanying, or chaperoning students at	4936
or on class or field trips, athletic events, or other school	4937
extracurricular activities or functions outside of school	4938
premises.	4939

(3) If the victim of the offense is a peace officer, a	4940
firefighter, or a person performing emergency medical service,	4941
while in the performance of their official duties, assault is a	4942
felony of the fourth degree.	4943

(4) If the victim of the offense is a peace officer and if	4944
the victim suffered serious physical harm as a result of the	4945
commission of the offense, assault is a felony of the fourth	4946
degree, and the court, pursuant to division (F) of section 2929.13	4947
of the Revised Code, shall impose as a mandatory prison term one	4948
of the prison terms prescribed for a felony of the fourth degree	4949
that is at least twelve months in duration.	4950

(5) If the victim of the offense is an officer or employee	4951
of a public children services agency or a private child placing	4952
agency and the offense relates to the officer's or employee's	4953
performance or anticipated performance of official	4954
responsibilities or duties, assault is either a felony of the	4955
fifth degree or, if the offender previously has been convicted of	4956
or pleaded guilty to an offense of violence, the victim of that	4957
prior offense was an officer or employee of a public children	4958
services agency or private child placing agency, and that prior	4959
offense related to the officer's or employee's performance or	4960
anticipated performance of official responsibilities or duties, a	4961
felony of the fourth degree.	4962

(D) As used in this section:

4963

(1) "Peace officer" has the same meaning as in section	4964
2935.01 of the Revised Code.	4965

(2) "Firefighter" has the same meaning as in section 3937.41	4966
of the Revised Code.	4967

(3) "Emergency medical service" has the same meaning as in	4968
section 4765.01 of the Revised Code.	4969

(4) "Local correctional facility" means a county,	4970
multicounty, municipal, municipal-county, or multicounty-municipal	4971
jail or workhouse, a minimum security jail established under	4972
section 341.23 or 753.21 of the Revised Code, or another county,	4973
multicounty, municipal, municipal-county, or multicounty-municipal	4974
facility used for the custody of persons arrested for any crime or	4975
delinquent act, persons charged with or convicted of any crime, or	4976
persons alleged to be or adjudicated a delinquent child.	4977

(5) "Employee of a local correctional facility" means a	4978
person who is an employee of the political subdivision or of one	4979
or more of the affiliated political subdivisions that operates the	4980
local correctional facility and who operates or assists in the	4981
operation of the facility.	4982

(6) "School teacher or administrator" means either of the	4983
following:	4984

(a) A person who is employed in the public schools of the	4985
state under a contract described in section 3319.08 of the Revised	4986
Code in a position in which the person is required to have a	4987
certificate issued pursuant to sections 3319.22 to 3319.311 of the	4988
Revised Code.	4989

(b) A person who is employed by a nonpublic school for which	4990
the state board of education prescribes minimum standards under	4991
section 3301.07 of the Revised Code and who is certificated in	4992
accordance with section 3301.071 of the Revised Code.	4993

(7) "Community control sanction" has the same meaning as in	4994
section 2929.01 of the Revised Code.	4995

(8) "Escorted visit" means an escorted visit granted under	4996
section 2967.27 of the Revised Code.	4997

(9) "Post-release control" and "transitional control" have	4998
the same meanings as in section 2967.01 of the Revised Code.	4999

Sec. 2905.12.  (A) No person, with purpose to coerce another	5000
into taking or refraining from action concerning which hethe	5001
other person has a legal freedom of choice, shall do any of the	5002
following:	5003

(1) Threaten to commit any offense;

5004

(2) Utter or threaten any calumny against any person;

5005

(3) Expose or threaten to expose any matter tending to	5006
subject any person to hatred, contempt, or ridicule, or to damage	5007
hisany person's personal or business repute, or to impair hisany	5008
person's credit;	5009

(4) Institute or threaten criminal proceedings against any	5010
person;	5011

(5) Take or, withhold, or threaten to take or withhold	5012
official action, or cause or threaten to cause official action to	5013
be taken or withheld.	5014

(B) Divisions (A)(4) and (5) of this section shall not be	5015
construed to prohibit a prosecutor or court from doing any of the	5016
following in good faith and in the interests of justice:	5017

(1) Offering or agreeing to grant, or granting immunity from	5018
prosecution pursuant to section 2945.44 of the Revised Code;	5019

(2) In return for a plea of guilty to one or more offenses	5020
charged or to one or more other or lesser offenses, or in return	5021
for the testimony of the accused in a case to which hethe accused	5022
is not a party, offering or agreeing to dismiss, or dismissing one	5023
or more charges pending against an accused, or offering or	5024
agreeing to impose, or imposing a certain sentence or modification	5025
of sentence;	5026

(3) Imposing probationa community control sanction on	5027
certain conditions, including without limitation requiring the	5028
offender to make restitution or redress to the victim of histhe	5029
offense.	5030

(C) It is an affirmative defense to a charge under division	5031
(A)(3), (4), or (5) of this section that the actor's conduct was a	5032
reasonable response to the circumstances whichthat occasioned it,	5033
and that histhe actor's purpose was limited to any of the	5034
following:	5035

(1) Compelling another to refrain from misconduct or to	5036
desist from further misconduct;	5037

(2) Preventing or redressing a wrong or injustice;

5038

(3) Preventing another from taking action for which the	5039
actor reasonably believed suchthe other person to be	5040
disqualified;	5041

(4) Compelling another to take action whichthat the actor	5042
reasonably believed suchthe other person to be under a duty to	5043
take.	5044

(D) Whoever violates this section is guilty of coercion, a	5045
misdemeanor of the second degree.	5046

(E) As used in this section, "threat:

5047

(1) "Threat" includes a direct threat and a threat by	5048
innuendo.	5049

(2)"Community control sanction" has the same meaning as in	5050
section 2929.01 of the Revised Code.	5051

Sec. 2907.15.  (A) As used in this section:

5052

(1) "Public retirement system" means the public employees	5053
retirement system, state teachers retirement system, school	5054
employees retirement system, Ohio police and fire pension fund,	5055
state highway patrol retirement system, or a municipal retirement	5056
system of a municipal corporation of this state.	5057

(2) "Government deferred compensation program" means such a	5058
program offered by the Ohio public employees deferred compensation	5059
board; a municipal corporation; or a governmental unit, as defined	5060
in section 148.06 of the Revised Code.	5061

(3) "Deferred compensation program participant" means a	5062
"participating employee" or "continuing member," as defined in	5063
section 148.01 of the Revised Code, or any other public employee	5064
who has funds in a government deferred compensation program.	5065

(4) "Alternative retirement plan" means an aternative	5066
alternative retirement plan provided pursuant to Chapter 3305. of	5067
the Revised Code.	5068

(5) "Prosecutor" has the same meaning as in section 2935.01	5069
of the Revised Code.	5070

In any case in which a sentencing court orders restitution to	5071
the victim under section 2929.18 or 2929.28 of the Revised Code	5072
for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05	5073
of the Revised Code and in which the offender is a government	5074
deferred compensation program participant, is an electing	5075
employee, as defined in section 3305.01 of the Revised Code, or is	5076
a member of, or receiving a pension, benefit, or allowance, other	5077
than a survivorship benefit, from, a public retirement system and	5078
committed the offense against a child, student, patient, or other	5079
person with whom the offender had contact in the context of the	5080
offender's public employment, at the request of the victim the	5081
prosecutor shall file a motion with the sentencing court	5082
specifying the government deferred compensation program,	5083
alternative retirement plan, or public retirement system and	5084
requesting that the court issue an order requiring the government	5085
deferred compensation program, alternative retirement plan, or	5086
public retirement system to withhold the amount required as	5087
restitution from one or more of the following: any payment to be	5088
made from a government deferred compensation program, any payment	5089
or benefit under an alternative retirement plan, or under a	5090
pension, annuity, allowance, or any other benefit, other than a	5091
survivorship benefit, that has been or is in the future granted to	5092
the offender; from any payment of accumulated employee	5093
contributions standing to the offender's credit with the	5094
government deferred compensation program, alternative retirement	5095
plan, or public retirement system; or from any payment of any	5096
other amounts to be paid to the offender pursuant to Chapter 145.,	5097
148., 742., 3307., 3309., or 5505. of the Revised Code on	5098
withdrawal of contributions. The motion may be filed at any time	5099
subsequent to the conviction of the offender or entry of a guilty	5100
plea. On the filing of the motion, the clerk of the court in	5101
which the motion is filed shall notify the offender and the	5102
government deferred compensation program, alternative retirement	5103
plan, or public retirement system, in writing, of all of the	5104
following: that the motion was filed; that the offender will be	5105
granted a hearing on the issuance of the requested order if the	5106
offender files a written request for a hearing with the clerk	5107
prior to the expiration of thirty days after the offender receives	5108
the notice; that, if a hearing is requested, the court will	5109
schedule a hearing as soon as possible and notify the offender and	5110
the government deferred compensation program, alternative	5111
retirement plan, or public retirement system of the date, time,	5112
and place of the hearing; that, if a hearing is conducted, it will	5113
be limited to a consideration of whether the offender can show	5114
good cause why the order should not be issued; that, if a hearing	5115
is conducted, the court will not issue the order if the court	5116
determines, based on evidence presented at the hearing by the	5117
offender, that there is good cause for the order not to be issued;	5118
that the court will issue the order if a hearing is not requested	5119
or if a hearing is conducted but the court does not determine,	5120
based on evidence presented at the hearing by the offender, that	5121
there is good cause for the order not to be issued; and that, if	5122
the order is issued, the government deferred compensation program,	5123
alternative retirement plan, or public retirement system specified	5124
in the motion will be required to withhold the amount required as	5125
restitution from payments to the offender.	5126

(B) In any case in which a motion requesting the issuance of	5127
a withholding order as described in division (A) of this section	5128
is filed, the offender may receive a hearing on the motion by	5129
delivering a written request for a hearing to the court prior to	5130
the expiration of thirty days after the offender's receipt of the	5131
notice provided pursuant to division (A) of this section. If the	5132
offender requests a hearing within the prescribed time, the court	5133
shall schedule a hearing as soon as possible after the request is	5134
made and notify the offender and the government deferred	5135
compensation program, alternative retirement plan, or public	5136
retirement system of the date, time, and place of the hearing. A	5137
hearing scheduled under this division shall be limited to a	5138
consideration of whether there is good cause, based on evidence	5139
presented by the offender, for the requested order not to be	5140
issued. If the court determines, based on evidence presented by	5141
the offender, that there is good cause for the order not to be	5142
issued, the court shall deny the motion and shall not issue the	5143
order. Good cause for not issuing the order includes a	5144
determination by the court that the order would severely impact	5145
the offender's ability to support the offender's dependents.	5146

If the offender does not request a hearing within the	5147
prescribed time or the court conducts a hearing but does not	5148
determine, based on evidence presented by the offender, that there	5149
is good cause for the order not to be issued, the court shall	5150
order the government deferred compensation program, alternative	5151
retirement plan, or public retirement system to withhold the	5152
amount required as restitution from one or more of the following:	5153
any payments to be made from a government deferred compensation	5154
program, any payment or benefit under an alternative retirement	5155
plan, or under a pension, annuity, allowance, or under any other	5156
benefit, other than a survivorship benefit, that has been or is in	5157
the future granted to the offender; from any payment of	5158
accumulated employee contributions standing to the offender's	5159
credit with the government deferred compensation program,	5160
alternative retirement plan, or public retirement system; or from	5161
any payment of any other amounts to be paid to the offender upon	5162
withdrawal of contributions pursuant to Chapter 145., 148., 742.,	5163
3307., 3309., or 5505. of the Revised Code and to continue the	5164
withholding for that purpose, in accordance with the order, out of	5165
each payment to be made on or after the date of issuance of the	5166
order, until further order of the court. On receipt of an order	5167
issued under this division, the government deferred compensation	5168
program, alternative retirement plan, or public retirement system	5169
shall withhold the amount required as restitution, in accordance	5170
with the order, from any such payments and immediately forward the	5171
amount withheld to the clerk of the court in which the order was	5172
issued for payment to the person to whom restitution is to be	5173
made. The order shall not apply to any portion of payments made	5174
from a government deferred compensation program, alternative	5175
retirement plan, or public retirement system to a person other	5176
than the offender pursuant to a previously issued domestic court	5177
order.	5178

(C) Service of a notice required by division (A) or (B) of	5179
this section shall be effected in the same manner as provided in	5180
the Rules of Civil Procedure for the service of process.	5181

(D) Upon the filing of charges under section 2907.02,	5182
2907.03, 2907.04, or 2907.05 of the Revised Code against a person	5183
who is a deferred compensation program participant, an electing	5184
employee participating in an alternative retirement plan, or a	5185
member of, or receiving a pension benefit, or allowance, other	5186
than a survivorship benefit, from a public retirement system for	5187
an offense against a child, student, patient, or other person with	5188
whom the offender had contact in the context of the offender's	5189
public employment, the prosecutor shall send written notice that	5190
charges have been filed against that person to the appropriate	5191
government deferred compensation program, alternative retirement	5192
plan, or public retirement system. The notice shall specifically	5193
identify the person charged.	5194

Sec. 2907.27.  (A)(1) If a person is charged with a	5195
violation of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241,	5196
or 2907.25 of the Revised Code or with a violation of a municipal	5197
ordinance that is substantially equivalent to any of those	5198
sections, the arresting authorities or a court, upon the request	5199
of the prosecutor in the case or upon the request of the victim,	5200
shall cause the accused to submit to one or more appropriate tests	5201
to determine if the accused is suffering from a venereal disease.	5202

(2) If the accused is found to be suffering from a venereal	5203
disease in an infectious stage, the accused shall be required to	5204
submit to medical treatment for that disease. The cost of the	5205
medical treatment shall be charged to and paid by the accused who	5206
undergoes the treatment. If the accused is indigent, the court	5207
shall order the accused to report to a facility operated by a city	5208
health district or a general health district for treatment. If	5209
the accused is convicted of or pleads guilty to the offense with	5210
which the accused is charged and is placed on probationunder a	5211
community control sanction, a condition of probationcommunity	5212
control shall be that the offender submit to and faithfully follow	5213
a course of medical treatment for the venereal disease. If the	5214
offender does not seek the required medical treatment, the court	5215
may revoke the offender's probationcommunity control and order	5216
the offender to undergo medical treatment during the period of the	5217
offender's incarceration and to pay the cost of that treatment.	5218

(B)(1)(a) Notwithstanding the requirements for informed	5219
consent in section 3701.242 of the Revised Code, if a person is	5220
charged with a violation of division (B) of section 2903.11 or of	5221
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24,	5222
2907.241, or 2907.25 of the Revised Code or with a violation of a	5223
municipal ordinance that is substantially equivalent to that	5224
division or any of those sections, the court, upon the request of	5225
the prosecutor in the case, upon the request of the victim, or	5226
upon the request of any other person whom the court reasonably	5227
believes had contact with the accused in circumstances related to	5228
the violation that could have resulted in the transmission to that	5229
person of a virus that causes acquired immunodeficiency syndrome,	5230
shall cause the accused to submit to one or more tests designated	5231
by the director of health under section 3701.241 of the Revised	5232
Code to determine if the accused is a carrier of a virus that	5233
causes acquired immunodeficiency syndrome. The court, upon the	5234
request of the prosecutor in the case, upon the request of the	5235
victim with the agreement of the prosecutor, or upon the request	5236
of any other person with the agreement of the prosecutor, may	5237
cause an accused who is charged with a violation of any other	5238
section of the Revised Code or with a violation of any other	5239
municipal ordinance to submit to one or more tests so designated	5240
by the director of health if the circumstances of the violation	5241
indicate probable cause to believe that the accused, if the	5242
accused is infected with the virus that causes acquired	5243
immunodeficiency syndrome, might have transmitted the virus to any	5244
of the following persons in committing the violation:	5245

(i) In relation to a request made by the prosecuting	5246
attorney, to the victim or to any other person;	5247

(ii) In relation to a request made by the victim, to the	5248
victim making the request;	5249

(iii) In relation to a request made by any other person, to	5250
the person making the request.	5251

(b) The results of a test performed under division (B)(1)(a)	5252
of this section shall be communicated in confidence to the court,	5253
and the court shall inform the accused of the result. The court	5254
shall inform the victim that the test was performed and that the	5255
victim has a right to receive the results on request. If the test	5256
was performed upon the request of a person other than the	5257
prosecutor in the case and other than the victim, the court shall	5258
inform the person who made the request that the test was performed	5259
and that the person has a right to receive the results upon	5260
request. Additionally, regardless of who made the request that	5261
was the basis of the test being performed, if the court reasonably	5262
believes that, in circumstances related to the violation, a person	5263
other than the victim had contact with the accused that could have	5264
resulted in the transmission of the virus to that person, the	5265
court may inform that person that the test was performed and that	5266
the person has a right to receive the results of the test on	5267
request. If the accused tests positive for a virus that causes	5268
acquired immunodeficiency syndrome, the test results shall be	5269
reported to the department of health in accordance with section	5270
3701.24 of the Revised Code and to the sheriff, head of the state	5271
correctional institution, or other person in charge of any jail or	5272
prison in which the accused is incarcerated. If the accused tests	5273
positive for a virus that causes acquired immunodeficiency	5274
syndrome and the accused was charged with, and was convicted of or	5275
pleaded guilty to, a violation of section 2907.24, 2907.241, or	5276
2907.25 of the Revised Code or a violation of a municipal	5277
ordinance that is substantially equivalent to any of those	5278
sections, the test results also shall be reported to the law	5279
enforcement agency that arrested the accused, and the law	5280
enforcement agency may use the test results as the basis for any	5281
future charge of a violation of division (B) of any of those	5282
sections or a violation of a municipal ordinance that is	5283
substantially equivalent to division (B) of any of those sections.	5284
No other disclosure of the test results or the fact that a test	5285
was performed shall be made, other than as evidence in a grand	5286
jury proceeding or as evidence in a judicial proceeding in	5287
accordance with the Rules of Evidence. If the test result is	5288
negative, and the charge has not been dismissed or if the accused	5289
has been convicted of the charge or a different offense arising	5290
out of the same circumstances as the offense charged, the court	5291
shall order that the test be repeated not earlier than three	5292
months nor later than six months after the original test.	5293

(2) If an accused who is free on bond refuses to submit to a	5294
test ordered by the court pursuant to division (B)(1) of this	5295
section, the court may order that the accused's bond be revoked	5296
and that the accused be incarcerated until the test is performed.	5297
If an accused who is incarcerated refuses to submit to a test	5298
ordered by the court pursuant to division (B)(1) of this section,	5299
the court shall order the person in charge of the jail or prison	5300
in which the accused is incarcerated to take any action necessary	5301
to facilitate the performance of the test, including the forcible	5302
restraint of the accused for the purpose of drawing blood to be	5303
used in the test.	5304

(3) A state agency, a political subdivision of the state, or	5305
an employee of a state agency or of a political subdivision of the	5306
state is immune from liability in a civil action to recover	5307
damages for injury, death, or loss to person or property allegedly	5308
caused by any act or omission in connection with the performance	5309
of the duties required under division (B)(2) of this section	5310
unless the acts or omissions are with malicious purpose, in bad	5311
faith, or in a wanton or reckless manner.	5312

(C) As used in this section, "community control sanction"	5313
has the same meaning as in section 2929.01 of the Revised Code.	5314

Sec. 2919.22.  (A) No person, who is the parent, guardian,	5315
custodian, person having custody or control, or person in loco	5316
parentis of a child under eighteen years of age or a mentally or	5317
physically handicapped child under twenty-one years of age, shall	5318
create a substantial risk to the health or safety of the child, by	5319
violating a duty of care, protection, or support. It is not a	5320
violation of a duty of care, protection, or support under this	5321
division when the parent, guardian, custodian, or person having	5322
custody or control of a child treats the physical or mental	5323
illness or defect of the child by spiritual means through prayer	5324
alone, in accordance with the tenets of a recognized religious	5325
body.	5326

(B) No person shall do any of the following to a child under	5327
eighteen years of age or a mentally or physically handicapped	5328
child under twenty-one years of age:	5329

(1) Abuse the child;

5330

(2) Torture or cruelly abuse the child;

5331

(3) Administer corporal punishment or other physical	5332
disciplinary measure, or physically restrain the child in a cruel	5333
manner or for a prolonged period, which punishment, discipline, or	5334
restraint is excessive under the circumstances and creates a	5335
substantial risk of serious physical harm to the child;	5336

(4) Repeatedly administer unwarranted disciplinary measures	5337
to the child, when there is a substantial risk that such conduct,	5338
if continued, will seriously impair or retard the child's mental	5339
health or development;	5340

(5) Entice, coerce, permit, encourage, compel, hire, employ,	5341
use, or allow the child to act, model, or in any other way	5342
participate in, or be photographed for, the production,	5343
presentation, dissemination, or advertisement of any material or	5344
performance that the offender knows or reasonably should know is	5345
obscene, is sexually oriented matter, or is nudity-oriented	5346
matter.	5347

(C)(1) No person shall operate a vehicle, streetcar, or	5348
trackless trolley within this state in violation of division (A)	5349
of section 4511.19 of the Revised Code when one or more children	5350
under eighteen years of age are in the vehicle, streetcar, or	5351
trackless trolley. Notwithstanding any other provision of law, a	5352
person may be convicted at the same trial or proceeding of a	5353
violation of this division and a violation of division (A) of	5354
section 4511.19 of the Revised Code that constitutes the basis of	5355
the charge of the violation of this division. For purposes of	5356
section 4511.191 of the Revised Code and all related provisions of	5357
law, a person arrested for a violation of this division shall be	5358
considered to be under arrest for operating a vehicle while under	5359
the influence of alcohol, a drug of abuse, or alcohol and a drug	5360
of abuse or for operating a vehicle with a prohibited	5361
concentration of alcohol in the blood, breath, or urine.	5362

(2) As used in division (C)(1) of this section, "vehicle,"	5363
"streetcar," and "trackless trolley" have the same meanings as in	5364
section 4511.01 of the Revised Code.	5365

(D)(1) Division (B)(5) of this section does not apply to any	5366
material or performance that is produced, presented, or	5367
disseminated for a bona fide medical, scientific, educational,	5368
religious, governmental, judicial, or other proper purpose, by or	5369
to a physician, psychologist, sociologist, scientist, teacher,	5370
person pursuing bona fide studies or research, librarian, member	5371
of the clergy, prosecutor, judge, or other person having a proper	5372
interest in the material or performance.	5373

(2) Mistake of age is not a defense to a charge under	5374
division (B)(5) of this section.	5375

(3) In a prosecution under division (B)(5) of this section,	5376
the trier of fact may infer that an actor, model, or participant	5377
in the material or performance involved is a juvenile if the	5378
material or performance, through its title, text, visual	5379
representation, or otherwise, represents or depicts the actor,	5380
model, or participant as a juvenile.	5381

(4) As used in this division and division (B)(5) of this	5382
section:	5383

(a) "Material," "performance," "obscene," and "sexual	5384
activity" have the same meanings as in section 2907.01 of the	5385
Revised Code.	5386

(b) "Nudity-oriented matter" means any material or	5387
performance that shows a minor in a state of nudity and that,	5388
taken as a whole by the average person applying contemporary	5389
community standards, appeals to prurient interest.	5390

(c) "Sexually oriented matter" means any material or	5391
performance that shows a minor participating or engaging in sexual	5392
activity, masturbation, or bestiality.	5393

(E)(1) Whoever violates this section is guilty of	5394
endangering children.	5395

(2) If the offender violates division (A) or (B)(1) of this	5396
section, endangering children is one of the following:	5397

(a) Except as otherwise provided in division (E)(2)(b), (c),	5398
or (d) of this section, a misdemeanor of the first degree;	5399

(b) If the offender previously has been convicted of an	5400
offense under this section or of any offense involving neglect,	5401
abandonment, contributing to the delinquency of, or physical abuse	5402
of a child, except as otherwise provided in division (E)(2)(c) or	5403
(d) of this section, a felony of the fourth degree;	5404

(c) If the violation is a violation of division (A) of this	5405
section and results in serious physical harm to the child	5406
involved, a felony of the third degree;	5407

(d) If the violation is a violation of division (B)(1) of	5408
this section and results in serious physical harm to the child	5409
involved, a felony of the second degree.	5410

(3) If the offender violates division (B)(2), (3), or (4) of	5411
this section, except as otherwise provided in this division,	5412
endangering children is a felony of the third degree. If the	5413
violation results in serious physical harm to the child involved,	5414
or if the offender previously has been convicted of an offense	5415
under this section or of any offense involving neglect,	5416
abandonment, contributing to the delinquency of, or physical abuse	5417
of a child, endangering children is a felony of the second degree.	5418

(4) If the offender violates division (B)(5) of this	5419
section, endangering children is a felony of the second degree.	5420

(5) If the offender violates division (C) of this section,	5421
the offender shall be punished as follows:	5422

(a) Except as otherwise provided in division (E)(5)(b) or	5423
(c) of this section, endangering children in violation of division	5424
(C) of this section is a misdemeanor of the first degree.	5425

(b) If the violation results in serious physical harm to the	5426
child involved or the offender previously has been convicted of an	5427
offense under this section or any offense involving neglect,	5428
abandonment, contributing to the delinquency of, or physical abuse	5429
of a child, except as otherwise provided in division (E)(5)(c) of	5430
this section, endangering children in violation of division (C) of	5431
this section is a felony of the fifth degree.	5432

(c) If the violation results in serious physical harm to the	5433
child involved and if the offender previously has been convicted	5434
of a violation of division (C) of this section, section 2903.06 or	5435
2903.08 of the Revised Code, section 2903.07 of the Revised Code	5436
as it existed prior to March 23, 2000, or section 2903.04 of the	5437
Revised Code in a case in which the offender was subject to the	5438
sanctions described in division (D) of that section, endangering	5439
children in violation of division (C) of this section is a felony	5440
of the fourth degree.	5441

(d) In addition to any term of imprisonment, fine, or other	5442
sentence, penalty, or sanction it imposes upon the offender	5443
pursuant to division (E)(5)(a), (b), or (c) of this section or	5444
pursuant to any other provision of law, the court also may impose	5445
upon the offender one or both of the following sanctions:	5446

(i) It may require the offender, as part of the offender's	5447
sentence and in the manner described in division (F) of this	5448
section, to perform not more than two hundred hours of supervised	5449
community service work under the authority of any agency,	5450
political subdivision, or charitable organization of the type	5451
described in division (F)(1)(B) of section 2951.02 of the Revised	5452
Code, provided that the court shall not require the offender to	5453
perform supervised community service work under this division	5454
unless the offender agrees to perform the supervised community	5455
service work.	5456

(ii) It may suspend the driver's or commercial driver's	5457
license or permit or nonresident operating privilege of the	5458
offender for up to ninety days, in addition to any suspension or	5459
revocation of the offender's driver's or commercial driver's	5460
license or permit or nonresident operating privilege under Chapter	5461
4506., 4507., 4509., or 4511. of the Revised Code or under any	5462
other provision of law.	5463

(e) In addition to any term of imprisonment, fine, or other	5464
sentence, penalty, or sanction imposed upon the offender pursuant	5465
to division (E)(5)(a), (b), (c), or (d) of this section or	5466
pursuant to any other provision of law for the violation of	5467
division (C) of this section, if as part of the same trial or	5468
proceeding the offender also is convicted of or pleads guilty to a	5469
separate charge charging the violation of division (A) of section	5470
4511.19 of the Revised Code that was the basis of the charge of	5471
the violation of division (C) of this section, the offender also	5472
shall be sentenced, in accordance with section 4511.99 of the	5473
Revised Code, for that violation of division (A) of section	5474
4511.19 of the Revised Code and also shall be subject to all other	5475
sanctions that are required or authorized by any provision of law	5476
for that violation of division (A) of section 4511.19 of the	5477
Revised Code.	5478

(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of	5479
this section, requires an offender to perform supervised community	5480
service work under the authority of an agency, subdivision, or	5481
charitable organization, the requirement shall be part of the	5482
community control sanction or sentence of the offender, and the	5483
court shall impose the community service in accordance with and	5484
subject to divisions (F)(1)(a) and (b) of this section. The court	5485
may require an offender whom it requires to perform supervised	5486
community service work as part of the offender's community control	5487
sanction or sentence to pay the court a reasonable fee to cover	5488
the costs of the offender's participation in the work, including,	5489
but not limited to, the costs of procuring a policy or policies of	5490
liability insurance to cover the period during which the offender	5491
will perform the work. If the court requires the offender to	5492
perform supervised community service work as part of the	5493
offender's community control sanction or sentence, the court shall	5494
do so in accordance with the following limitations and criteria:	5495

(i) The court shall require that the community service work	5496
be performed after completion of the term of imprisonment imposed	5497
upon the offender for the violation of division (C) of this	5498
section, if applicable.	5499

(ii) TheSubject to division (E)(5)(d)(i) of this section,	5500
the supervised community service work shall be subject to the	5501
limitations set forth in divisions (F)(1)(a) to (c)(B)(1), (2),	5502
and (3) of section 2951.02 of the Revised Code.	5503

(iii) The community service work shall be supervised in the	5504
manner described in division (F)(1)(d)(B)(4) of section 2951.02 of	5505
the Revised Code by an official or person with the qualifications	5506
described in that division. The official or person periodically	5507
shall report in writing to the court concerning the conduct of the	5508
offender in performing the work.	5509

(iv) The court shall inform the offender in writing that if	5510
the offender does not adequately perform, as determined by the	5511
court, all of the required community service work, the court may	5512
order that the offender be committed to a jail or workhouse for a	5513
period of time that does not exceed the term of imprisonment that	5514
the court could have imposed upon the offender for the violation	5515
of division (C) of this section, reduced by the total amount of	5516
time that the offender actually was imprisoned under the sentence	5517
or term that was imposed upon the offender for that violation and	5518
by the total amount of time that the offender was confined for any	5519
reason arising out of the offense for which the offender was	5520
convicted and sentenced as described in sections 2949.08 and	5521
2967.191 of the Revised Code, and that, if the court orders that	5522
the offender be so committed, the court is authorized, but not	5523
required, to grant the offender credit upon the period of the	5524
commitment for the community service work that the offender	5525
adequately performed.	5526

(b) If a court, pursuant to this division and division	5527
(E)(5)(d)(i) of this section, orders an offender to perform	5528
community service work as part of the offender's community control	5529
sanction or sentence and if the offender does not adequately	5530
perform all of the required community service work, as determined	5531
by the court, the court may order that the offender be committed	5532
to a jail or workhouse for a period of time that does not exceed	5533
the term of imprisonment that the court could have imposed upon	5534
the offender for the violation of division (C) of this section,	5535
reduced by the total amount of time that the offender actually was	5536
imprisoned under the sentence or term that was imposed upon the	5537
offender for that violation and by the total amount of time that	5538
the offender was confined for any reason arising out of the	5539
offense for which the offender was convicted and sentenced as	5540
described in sections 2949.08 and 2967.191 of the Revised Code.	5541
The court may order that a person committed pursuant to this	5542
division shall receive hour-for-hour credit upon the period of the	5543
commitment for the community service work that the offender	5544
adequately performed. No commitment pursuant to this division	5545
shall exceed the period of the term of imprisonment that the	5546
sentencing court could have imposed upon the offender for the	5547
violation of division (C) of this section, reduced by the total	5548
amount of time that the offender actually was imprisoned under	5549
that sentence or term and by the total amount of time that the	5550
offender was confined for any reason arising out of the offense	5551
for which the offender was convicted and sentenced as described in	5552
sections 2949.08 and 2967.191 of the Revised Code.	5553

(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do not	5554
limit or affect the authority of the court to suspend the sentence	5555
imposed upon a misdemeanor offender and place the offender on	5556
probation or otherwise suspend the sentenceunder a community	5557
control sanction pursuant to sections 2929.51 and 2951.02section	5558
2929.25 of the Revised Code, to require thea misdemeanor or	5559
felony offender, as a condition of the offender's probation or of	5560
otherwise suspending the offender's sentence, to perform	5561
supervised community service work in accordance with division	5562
(F)(B) of section 2951.02 of the Revised Code, or to place a	5563
felony offender under a community control sanction.	5564

(G)(1) If a court suspends an offender's driver's or	5565
commercial driver's license or permit or nonresident operating	5566
privilege under division (E)(5)(d)(ii) of this section, the period	5567
of the suspension shall be consecutive to, and commence after, the	5568
period of suspension or revocation of the offender's driver's or	5569
commercial driver's license or permit or nonresident operating	5570
privilege that is imposed under Chapter 4506., 4507., 4509., or	5571
4511. of the Revised Code or under any other provision of law in	5572
relation to the violation of division (C) of this section that is	5573
the basis of the suspension under division (E)(5)(d)(ii) of this	5574
section or in relation to the violation of division (A) of section	5575
4511.19 of the Revised Code that is the basis for that violation	5576
of division (C) of this section.	5577

(2) An offender is not entitled to request, and the court	5578
shall not grant to the offender, occupational driving privileges	5579
under division (G) of this section if the offender's license,	5580
permit, or privilege has been suspended under division	5581
(E)(5)(d)(ii) of this section and the offender, within the	5582
preceding seven years, has been convicted of or pleaded guilty to	5583
three or more violations of one or more of the following:	5584

(a) Division (C) of this section;

5585

(b) Division (A) or (B) of section 4511.19 of the Revised	5586
Code;	5587

(c) A municipal ordinance relating to operating a vehicle	5588
while under the influence of alcohol, a drug of abuse, or alcohol	5589
and a drug of abuse;	5590

(d) A municipal ordinance relating to operating a vehicle	5591
with a prohibited concentration of alcohol in the blood, breath,	5592
or urine;	5593

(e) Section 2903.04 of the Revised Code in a case in which	5594
the offender was subject to the sanctions described in division	5595
(D) of that section;	5596

(f) Division (A)(1) of section 2903.06 or division (A)(1) of	5597
section 2903.08 of the Revised Code or a municipal ordinance that	5598
is substantially similar to either of those divisions;	5599

(g) Division (A)(2), (3), or (4) of section 2903.06,	5600
division (A)(2) of section 2903.08, or former section 2903.07 of	5601
the Revised Code, or a municipal ordinance that is substantially	5602
similar to any of those divisions or that former section, in a	5603
case in which the jury or judge found that the offender was under	5604
the influence of alcohol, a drug of abuse, or alcohol and a drug	5605
of abuse;	5606

(h) A statute of the United States or of any other state or	5607
a municipal ordinance of a municipal corporation located in any	5608
other state that is substantially similar to division (A) or (B)	5609
of section 4511.19 of the Revised Code.	5610

(3) Any other offender who is not described in division	5611
(G)(2) of this section and whose license, permit, or nonresident	5612
operating privilege has been suspended under division	5613
(E)(5)(d)(ii) of this section may file with the sentencing court a	5614
petition alleging that the suspension would seriously affect the	5615
offender's ability to continue employment. Upon satisfactory	5616
proof that there is reasonable cause to believe that the	5617
suspension would seriously affect the offender's ability to	5618
continue employment, the court may grant the offender occupational	5619
driving privileges during the period during which the suspension	5620
otherwise would be imposed, except that the court shall not grant	5621
occupational driving privileges for employment as a driver of	5622
commercial motor vehicles to any person who is disqualified from	5623
operating a commercial motor vehicle under section 3123.611 or	5624
4506.16 of the Revised Code or whose commercial driver's license	5625
or commercial driver's temporary instruction permit has been	5626
suspended under section 3123.58 of the Revised Code.	5627

(H)(1) If a person violates division (C) of this section and	5628
if, at the time of the violation, there were two or more children	5629
under eighteen years of age in the motor vehicle involved in the	5630
violation, the offender may be convicted of a violation of	5631
division (C) of this section for each of the children, but the	5632
court may sentence the offender for only one of the violations.	5633

(2)(a) If a person is convicted of or pleads guilty to a	5634
violation of division (C) of this section but the person is not	5635
also convicted of and does not also plead guilty to a separate	5636
charge charging the violation of division (A) of section 4511.19	5637
of the Revised Code that was the basis of the charge of the	5638
violation of division (C) of this section, both of the following	5639
apply:	5640

(i) For purposes of the provisions of section 4511.99 of the	5641
Revised Code that set forth the penalties and sanctions for a	5642
violation of division (A) of section 4511.19 of the Revised Code,	5643
the conviction of or plea of guilty to the violation of division	5644
(C) of this section shall not constitute a violation of division	5645
(A) of section 4511.19 of the Revised Code;	5646

(ii) For purposes of any provision of law that refers to a	5647
conviction of or plea of guilty to a violation of division (A) of	5648
section 4511.19 of the Revised Code and that is not described in	5649
division (H)(2)(a)(i) of this section, the conviction of or plea	5650
of guilty to the violation of division (C) of this section shall	5651
constitute a conviction of or plea of guilty to a violation of	5652
division (A) of section 4511.19 of the Revised Code.	5653

(b) If a person is convicted of or pleads guilty to a	5654
violation of division (C) of this section and the person also is	5655
convicted of or pleads guilty to a separate charge charging the	5656
violation of division (A) of section 4511.19 of the Revised Code	5657
that was the basis of the charge of the violation of division (C)	5658
of this section, the conviction of or plea of guilty to the	5659
violation of division (C) of this section shall not constitute,	5660
for purposes of any provision of law that refers to a conviction	5661
of or plea of guilty to a violation of division (A) of section	5662
4511.19 of the Revised Code, a conviction of or plea of guilty to	5663
a violation of division (A) of section 4511.19 of the Revised	5664
Code.	5665

(I) As used in this section, "community control sanction"	5666
has the same meaning as in section 2929.01 of the Revised Code.	5667

Sec. 2923.14.  (A) Any person who, solely by reason of his	5668
the person's disability under division (A)(2) or (3) of section	5669
2923.13 of the Revised Code, is prohibited from acquiring, having,	5670
carrying, or using firearms, may apply to the court of common	5671
pleas in the county where hein which the person resides for	5672
relief from such prohibition.	5673

(B) The application shall recite the following:

5674

(1) All indictments, convictions, or adjudications upon	5675
which the applicant's disability is based, the sentence imposed	5676
and served, and probationany release granted under a community	5677
control sanction, post-release control sanction, or parole, orany	5678
partial or conditional pardon granted, or other disposition of	5679
each case;	5680

(2) Facts showing the applicant to be a fit subject for	5681
relief under this section.	5682

(C) A copy of the application shall be served on the county	5683
prosecutor, who.The county prosecutor shall cause the matter to	5684
be investigated, and shall raise before the court suchany	5685
objections to granting relief asthat the investigation reveals.	5686

(D) Upon hearing, the court may grant the applicant relief	5687
pursuant to this section, if all of the following apply:	5688

(1) The applicant has been fully discharged from	5689
imprisonment, probationcommunity control, post-release control,	5690
and parole, or, if hethe applicant is under indictment, has been	5691
released on bail or recognizance;.	5692

(2) The applicant has led a law-abiding life since his	5693
discharge or release, and appears likely to continue to do so;.	5694

(3) The applicant is not otherwise prohibited by law from	5695
acquiring, having, or using firearms.	5696

(E) Costs of the proceeding shall be charged as in other	5697
civil cases, and taxed to the applicant.	5698

(F) Relief from disability granted pursuant to this section:

5699

(1) Applies only with respect to indictments, convictions,	5700
or adjudications recited in the application;	5701

(2) Applies only with respect to firearms lawfully acquired,	5702
possessed, carried, or used by the applicant;	5703

(3) Does not apply with respect to dangerous ordnance;

5704

(4) May be revoked by the court at any time for good cause	5705
shown and upon notice to the applicant;	5706

(5) Is automatically void upon commission by the applicant	5707
of any offense embraced byset forth in division (A)(2) or (3) of	5708
section 2923.13 of the Revised Code, or upon the applicant's	5709
becoming one of the class of persons named in division (A)(1),	5710
(4), or (5) of suchthat section.	5711

(G) As used in this section:

5712

(1) "Community control sanction" has the same meaning as in	5713
section 2929.01 of the Revised Code.	5714

(2) "Post-release control" and "post-release control	5715
sanction" have the same meanings as in section 2967.01 of the	5716
Revised Code.	5717

Sec. 2925.11.  (A) No person shall knowingly obtain,	5718
possess, or use a controlled substance.	5719

(B) This section does not apply to any of the following:

5720

(1) Manufacturers, licensed health professionals authorized	5721
to prescribe drugs, pharmacists, owners of pharmacies, and other	5722
persons whose conduct was in accordance with Chapters 3719.,	5723
4715., 4723., 4729., 4731., and 4741. of the Revised Code;	5724

(2) If the offense involves an anabolic steroid, any person	5725
who is conducting or participating in a research project involving	5726
the use of an anabolic steroid if the project has been approved by	5727
the United States food and drug administration;	5728

(3) Any person who sells, offers for sale, prescribes,	5729
dispenses, or administers for livestock or other nonhuman species	5730
an anabolic steroid that is expressly intended for administration	5731
through implants to livestock or other nonhuman species and	5732
approved for that purpose under the "Federal Food, Drug, and	5733
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	5734
and is sold, offered for sale, prescribed, dispensed, or	5735
administered for that purpose in accordance with that act;	5736

(4) Any person who obtained the controlled substance	5737
pursuant to a prescription issued by a licensed health	5738
professional authorized to prescribe drugs.	5739

(C) Whoever violates division (A) of this section is guilty	5740
of one of the following:	5741

(1) If the drug involved in the violation is a compound,	5742
mixture, preparation, or substance included in schedule I or II,	5743
with the exception of marihuana, cocaine, L.S.D., heroin, and	5744
hashish, whoever violates division (A) of this section is guilty	5745
of aggravated possession of drugs. The penalty for the offense	5746
shall be determined as follows:	5747

(a) Except as otherwise provided in division (C)(1)(b), (c),	5748
(d), or (e) of this section, aggravated possession of drugs is a	5749
felony of the fifth degree, and division (B) of section 2929.13 of	5750
the Revised Code applies in determining whether to impose a prison	5751
term on the offender.	5752

(b) If the amount of the drug involved equals or exceeds the	5753
bulk amount but is less than five times the bulk amount,	5754
aggravated possession of drugs is a felony of the third degree,	5755
and there is a presumption for a prison term for the offense.	5756

(c) If the amount of the drug involved equals or exceeds	5757
five times the bulk amount but is less than fifty times the bulk	5758
amount, aggravated possession of drugs is a felony of the second	5759
degree, and the court shall impose as a mandatory prison term one	5760
of the prison terms prescribed for a felony of the second degree.	5761

(d) If the amount of the drug involved equals or exceeds	5762
fifty times the bulk amount but is less than one hundred times the	5763
bulk amount, aggravated possession of drugs is a felony of the	5764
first degree, and the court shall impose as a mandatory prison	5765
term one of the prison terms prescribed for a felony of the first	5766
degree.	5767

(e) If the amount of the drug involved equals or exceeds one	5768
hundred times the bulk amount, aggravated possession of drugs is a	5769
felony of the first degree, the offender is a major drug offender,	5770
and the court shall impose as a mandatory prison term the maximum	5771
prison term prescribed for a felony of the first degree and may	5772
impose an additional mandatory prison term prescribed for a major	5773
drug offender under division (D)(3)(b) of section 2929.14 of the	5774
Revised Code.	5775

(2) If the drug involved in the violation is a compound,	5776
mixture, preparation, or substance included in schedule III, IV,	5777
or V, whoever violates division (A) of this section is guilty of	5778
possession of drugs. The penalty for the offense shall be	5779
determined as follows:	5780

(a) Except as otherwise provided in division (C)(2)(b), (c),	5781
or (d) of this section, possession of drugs is a misdemeanor of	5782
the third degree or, if the offender previously has been convicted	5783
of a drug abuse offense, a misdemeanor of the second degree. If	5784
the drug involved in the violation is an anabolic steroid included	5785
in schedule III and if the offense is a misdemeanor of the third	5786
degree under this division, in lieu of sentencing the offender to	5787
a term of imprisonment in a detention facility, the court may	5788
place the offender on conditional probationunder a community	5789
control sanction that requires the offender to perform supervised	5790
community service work pursuant to division (F)(B) of section	5791
2951.02 of the Revised Code.	5792

(b) If the amount of the drug involved equals or exceeds the	5793
bulk amount but is less than five times the bulk amount,	5794
possession of drugs is a felony of the fourth degree, and division	5795
(C) of section 2929.13 of the Revised Code applies in determining	5796
whether to impose a prison term on the offender.	5797

(c) If the amount of the drug involved equals or exceeds	5798
five times the bulk amount but is less than fifty times the bulk	5799
amount, possession of drugs is a felony of the third degree, and	5800
there is a presumption for a prison term for the offense.	5801

(d) If the amount of the drug involved equals or exceeds	5802
fifty times the bulk amount, possession of drugs is a felony of	5803
the second degree, and the court shall impose upon the offender as	5804
a mandatory prison term one of the prison terms prescribed for a	5805
felony of the second degree.	5806

(3) If the drug involved in the violation is marihuana or a	5807
compound, mixture, preparation, or substance containing marihuana	5808
other than hashish, whoever violates division (A) of this section	5809
is guilty of possession of marihuana. The penalty for the offense	5810
shall be determined as follows:	5811

(a) Except as otherwise provided in division (C)(3)(b), (c),	5812
(d), (e), or (f) of this section, possession of marihuana is a	5813
minor misdemeanor.	5814

(b) If the amount of the drug involved equals or exceeds one	5815
hundred grams but is less than two hundred grams, possession of	5816
marihuana is a misdemeanor of the fourth degree.	5817

(c) If the amount of the drug involved equals or exceeds two	5818
hundred grams but is less than one thousand grams, possession of	5819
marihuana is a felony of the fifth degree, and division (B) of	5820
section 2929.13 of the Revised Code applies in determining whether	5821
to impose a prison term on the offender.	5822

(d) If the amount of the drug involved equals or exceeds one	5823
thousand grams but is less than five thousand grams, possession of	5824
marihuana is a felony of the third degree, and division (C) of	5825
section 2929.13 of the Revised Code applies in determining whether	5826
to impose a prison term on the offender.	5827

(e) If the amount of the drug involved equals or exceeds	5828
five thousand grams but is less than twenty thousand grams,	5829
possession of marihuana is a felony of the third degree, and there	5830
is a presumption that a prison term shall be imposed for the	5831
offense.	5832

(f) If the amount of the drug involved equals or exceeds	5833
twenty thousand grams, possession of marihuana is a felony of the	5834
second degree, and the court shall impose as a mandatory prison	5835
term the maximum prison term prescribed for a felony of the second	5836
degree.	5837

(4) If the drug involved in the violation is cocaine or a	5838
compound, mixture, preparation, or substance containing cocaine,	5839
whoever violates division (A) of this section is guilty of	5840
possession of cocaine. The penalty for the offense shall be	5841
determined as follows:	5842

(a) Except as otherwise provided in division (C)(4)(b), (c),	5843
(d), (e), or (f) of this section, possession of cocaine is a	5844
felony of the fifth degree, and division (B) of section 2929.13 of	5845
the Revised Code applies in determining whether to impose a prison	5846
term on the offender.	5847

(b) If the amount of the drug involved equals or exceeds	5848
five grams but is less than twenty-five grams of cocaine that is	5849
not crack cocaine or equals or exceeds one gram but is less than	5850
five grams of crack cocaine, possession of cocaine is a felony of	5851
the fourth degree, and there is a presumption for a prison term	5852
for the offense.	5853

(c) If the amount of the drug involved equals or exceeds	5854
twenty-five grams but is less than one hundred grams of cocaine	5855
that is not crack cocaine or equals or exceeds five grams but is	5856
less than ten grams of crack cocaine, possession of cocaine is a	5857
felony of the third degree, and the court shall impose as a	5858
mandatory prison term one of the prison terms prescribed for a	5859
felony of the third degree.	5860

(d) If the amount of the drug involved equals or exceeds one	5861
hundred grams but is less than five hundred grams of cocaine that	5862
is not crack cocaine or equals or exceeds ten grams but is less	5863
than twenty-five grams of crack cocaine, possession of cocaine is	5864
a felony of the second degree, and the court shall impose as a	5865
mandatory prison term one of the prison terms prescribed for a	5866
felony of the second degree.	5867

(e) If the amount of the drug involved equals or exceeds	5868
five hundred grams but is less than one thousand grams of cocaine	5869
that is not crack cocaine or equals or exceeds twenty-five grams	5870
but is less than one hundred grams of crack cocaine, possession of	5871
cocaine is a felony of the first degree, and the court shall	5872
impose as a mandatory prison term one of the prison terms	5873
prescribed for a felony of the first degree.	5874

(f) If the amount of the drug involved equals or exceeds one	5875
thousand grams of cocaine that is not crack cocaine or equals or	5876
exceeds one hundred grams of crack cocaine, possession of cocaine	5877
is a felony of the first degree, the offender is a major drug	5878
offender, and the court shall impose as a mandatory prison term	5879
the maximum prison term prescribed for a felony of the first	5880
degree and may impose an additional mandatory prison term	5881
prescribed for a major drug offender under division (D)(3)(b) of	5882
section 2929.14 of the Revised Code.	5883

(5) If the drug involved in the violation is L.S.D., whoever	5884
violates division (A) of this section is guilty of possession of	5885
L.S.D. The penalty for the offense shall be determined as	5886
follows:	5887

(a) Except as otherwise provided in division (C)(5)(b), (c),	5888
(d), (e), or (f) of this section, possession of L.S.D. is a felony	5889
of the fifth degree, and division (B) of section 2929.13 of the	5890
Revised Code applies in determining whether to impose a prison	5891
term on the offender.	5892

(b) If the amount of L.S.D. involved equals or exceeds ten	5893
unit doses but is less than fifty unit doses of L.S.D. in a solid	5894
form or equals or exceeds one gram but is less than five grams of	5895
L.S.D. in a liquid concentrate, liquid extract, or liquid	5896
distillate form, possession of L.S.D. is a felony of the fourth	5897
degree, and division (C) of section 2929.13 of the Revised Code	5898
applies in determining whether to impose a prison term on the	5899
offender.	5900

(c) If the amount of L.S.D. involved equals or exceeds fifty	5901
unit doses, but is less than two hundred fifty unit doses of	5902
L.S.D. in a solid form or equals or exceeds five grams but is less	5903
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	5904
extract, or liquid distillate form, possession of L.S.D. is a	5905
felony of the third degree, and there is a presumption for a	5906
prison term for the offense.	5907

(d) If the amount of L.S.D. involved equals or exceeds two	5908
hundred fifty unit doses but is less than one thousand unit doses	5909
of L.S.D. in a solid form or equals or exceeds twenty-five grams	5910
but is less than one hundred grams of L.S.D. in a liquid	5911
concentrate, liquid extract, or liquid distillate form, possession	5912
of L.S.D. is a felony of the second degree, and the court shall	5913
impose as a mandatory prison term one of the prison terms	5914
prescribed for a felony of the second degree.	5915

(e) If the amount of L.S.D. involved equals or exceeds one	5916
thousand unit doses but is less than five thousand unit doses of	5917
L.S.D. in a solid form or equals or exceeds one hundred grams but	5918
is less than five hundred grams of L.S.D. in a liquid concentrate,	5919
liquid extract, or liquid distillate form, possession of L.S.D. is	5920
a felony of the first degree, and the court shall impose as a	5921
mandatory prison term one of the prison terms prescribed for a	5922
felony of the first degree.	5923

(f) If the amount of L.S.D. involved equals or exceeds five	5924
thousand unit doses of L.S.D. in a solid form or equals or exceeds	5925
five hundred grams of L.S.D. in a liquid concentrate, liquid	5926
extract, or liquid distillate form, possession of L.S.D. is a	5927
felony of the first degree, the offender is a major drug offender,	5928
and the court shall impose as a mandatory prison term the maximum	5929
prison term prescribed for a felony of the first degree and may	5930
impose an additional mandatory prison term prescribed for a major	5931
drug offender under division (D)(3)(b) of section 2929.14 of the	5932
Revised Code.	5933

(6) If the drug involved in the violation is heroin or a	5934
compound, mixture, preparation, or substance containing heroin,	5935
whoever violates division (A) of this section is guilty of	5936
possession of heroin. The penalty for the offense shall be	5937
determined as follows:	5938

(a) Except as otherwise provided in division (C)(6)(b), (c),	5939
(d), (e), or (f) of this section, possession of heroin is a felony	5940
of the fifth degree, and division (B) of section 2929.13 of the	5941
Revised Code applies in determining whether to impose a prison	5942
term on the offender.	5943

(b) If the amount of the drug involved equals or exceeds ten	5944
unit doses but is less than fifty unit doses or equals or exceeds	5945
one gram but is less than five grams, possession of heroin is a	5946
felony of the fourth degree, and division (C) of section 2929.13	5947
of the Revised Code applies in determining whether to impose a	5948
prison term on the offender.	5949

(c) If the amount of the drug involved equals or exceeds	5950
fifty unit doses but is less than one hundred unit doses or equals	5951
or exceeds five grams but is less than ten grams, possession of	5952
heroin is a felony of the third degree, and there is a presumption	5953
for a prison term for the offense.	5954

(d) If the amount of the drug involved equals or exceeds one	5955
hundred unit doses but is less than five hundred unit doses or	5956
equals or exceeds ten grams but is less than fifty grams,	5957
possession of heroin is a felony of the second degree, and the	5958
court shall impose as a mandatory prison term one of the prison	5959
terms prescribed for a felony of the second degree.	5960

(e) If the amount of the drug involved equals or exceeds	5961
five hundred unit doses but is less than two thousand five hundred	5962
unit doses or equals or exceeds fifty grams but is less than two	5963
hundred fifty grams, possession of heroin is a felony of the first	5964
degree, and the court shall impose as a mandatory prison term one	5965
of the prison terms prescribed for a felony of the first degree.	5966

(f) If the amount of the drug involved equals or exceeds two	5967
thousand five hundred unit doses or equals or exceeds two hundred	5968
fifty grams, possession of heroin is a felony of the first degree,	5969
the offender is a major drug offender, and the court shall impose	5970
as a mandatory prison term the maximum prison term prescribed for	5971
a felony of the first degree and may impose an additional	5972
mandatory prison term prescribed for a major drug offender under	5973
division (D)(3)(b) of section 2929.14 of the Revised Code.	5974

(7) If the drug involved in the violation is hashish or a	5975
compound, mixture, preparation, or substance containing hashish,	5976
whoever violates division (A) of this section is guilty of	5977
possession of hashish. The penalty for the offense shall be	5978
determined as follows:	5979

(a) Except as otherwise provided in division (C)(7)(b), (c),	5980
(d), (e), or (f) of this section, possession of hashish is a minor	5981
misdemeanor.	5982

(b) If the amount of the drug involved equals or exceeds	5983
five grams but is less than ten grams of hashish in a solid form	5984
or equals or exceeds one gram but is less than two grams of	5985
hashish in a liquid concentrate, liquid extract, or liquid	5986
distillate form, possession of hashish is a misdemeanor of the	5987
fourth degree.	5988

(c) If the amount of the drug involved equals or exceeds ten	5989
grams but is less than fifty grams of hashish in a solid form or	5990
equals or exceeds two grams but is less than ten grams of hashish	5991
in a liquid concentrate, liquid extract, or liquid distillate	5992
form, possession of hashish is a felony of the fifth degree, and	5993
division (B) of section 2929.13 of the Revised Code applies in	5994
determining whether to impose a prison term on the offender.	5995

(d) If the amount of the drug involved equals or exceeds	5996
fifty grams but is less than two hundred fifty grams of hashish in	5997
a solid form or equals or exceeds ten grams but is less than fifty	5998
grams of hashish in a liquid concentrate, liquid extract, or	5999
liquid distillate form, possession of hashish is a felony of the	6000
third degree, and division (C) of section 2929.13 of the Revised	6001
Code applies in determining whether to impose a prison term on the	6002
offender.	6003

(e) If the amount of the drug involved equals or exceeds two	6004
hundred fifty grams but is less than one thousand grams of hashish	6005
in a solid form or equals or exceeds fifty grams but is less than	6006
two hundred grams of hashish in a liquid concentrate, liquid	6007
extract, or liquid distillate form, possession of hashish is a	6008
felony of the third degree, and there is a presumption that a	6009
prison term shall be imposed for the offense.	6010

(f) If the amount of the drug involved equals or exceeds one	6011
thousand grams of hashish in a solid form or equals or exceeds two	6012
hundred grams of hashish in a liquid concentrate, liquid extract,	6013
or liquid distillate form, possession of hashish is a felony of	6014
the second degree, and the court shall impose as a mandatory	6015
prison term the maximum prison term prescribed for a felony of the	6016
second degree.	6017

(D) Arrest or conviction for a minor misdemeanor violation	6018
of this section does not constitute a criminal record and need not	6019
be reported by the person so arrested or convicted in response to	6020
any inquiries about the person's criminal record, including any	6021
inquiries contained in any application for employment, license, or	6022
other right or privilege, or made in connection with the person's	6023
appearance as a witness.	6024

(E) In addition to any prison term authorized or required by	6025
division (C) of this section and sections 2929.13 and 2929.14 of	6026
the Revised Code and in addition to any other sanction that is	6027
imposed for the offense under this section or sections 2929.11 to	6028
2929.18 of the Revised Code, the court that sentences an offender	6029
who is convicted of or pleads guilty to a violation of division	6030
(A) of this section shall do all of the following that are	6031
applicable regarding the offender:	6032

(1)(a) If the violation is a felony of the first, second, or	6033
third degree, the court shall impose upon the offender the	6034
mandatory fine specified for the offense under division (B)(1) of	6035
section 2929.18 of the Revised Code unless, as specified in that	6036
division, the court determines that the offender is indigent.	6037

(b) Notwithstanding any contrary provision of section	6038
3719.21 of the Revised Code, the clerk of the court shall pay a	6039
mandatory fine or other fine imposed for a violation of this	6040
section pursuant to division (A) of section 2929.18 of the Revised	6041
Code in accordance with and subject to the requirements of	6042
division (F) of section 2925.03 of the Revised Code. The agency	6043
that receives the fine shall use the fine as specified in division	6044
(F) of section 2925.03 of the Revised Code.	6045

(c) If a person is charged with a violation of this section	6046
that is a felony of the first, second, or third degree, posts	6047
bail, and forfeits the bail, the clerk shall pay the forfeited	6048
bail pursuant to division (E)(1)(b) of this section as if it were	6049
a mandatory fine imposed under division (E)(1)(a) of this section.	6050

(2) The court shall suspend for not less than six months or	6051
more than five years the driver's or commercial driver's license	6052
or permit of any person who is convicted of or has pleaded guilty	6053
to a violation of this section.	6054

(3) If the offender is a professionally licensed person or a	6055
person who has been admitted to the bar by order of the supreme	6056
court in compliance with its prescribed and published rules, in	6057
addition to any other sanction imposed for a violation of this	6058
section, the court forthwith shall comply with section 2925.38 of	6059
the Revised Code.	6060

(F) It is an affirmative defense, as provided in section	6061
2901.05 of the Revised Code, to a charge of a fourth degree felony	6062
violation under this section that the controlled substance that	6063
gave rise to the charge is in an amount, is in a form, is	6064
prepared, compounded, or mixed with substances that are not	6065
controlled substances in a manner, or is possessed under any other	6066
circumstances, that indicate that the substance was possessed	6067
solely for personal use. Notwithstanding any contrary provision	6068
of this section, if, in accordance with section 2901.05 of the	6069
Revised Code, an accused who is charged with a fourth degree	6070
felony violation of division (C)(2), (4), (5), or (6) of this	6071
section sustains the burden of going forward with evidence of and	6072
establishes by a preponderance of the evidence the affirmative	6073
defense described in this division, the accused may be prosecuted	6074
for and may plead guilty to or be convicted of a misdemeanor	6075
violation of division (C)(2) of this section or a fifth degree	6076
felony violation of division (C)(4), (5), or (6) of this section	6077
respectively.	6078

(G) When a person is charged with possessing a bulk amount	6079
or multiple of a bulk amount, division (E) of section 2925.03 of	6080
the Revised Code applies regarding the determination of the amount	6081
of the controlled substance involved at the time of the offense.	6082

Sec. 2929.01.  As used in this chapter:

6083

(A)(1) "Alternative residential facility" means, subject to	6084
division (A)(2) of this section, any facility other than an	6085
offender's home or residence in which an offender is assigned to	6086
live and that satisfies all of the following criteria:	6087

(a) It provides programs through which the offender may seek	6088
or maintain employment or may receive education, training,	6089
treatment, or habilitation.	6090

(b) It has received the appropriate license or certificate	6091
for any specialized education, training, treatment, habilitation,	6092
or other service that it provides from the government agency that	6093
is responsible for licensing or certifying that type of education,	6094
training, treatment, habilitation, or service.	6095

(2) "Alternative residential facility" does not include a	6096
community-based correctional facility, jail, halfway house, or	6097
prison.	6098

(B) "Bad time" means the time by which the parole board	6099
administratively extends an offender's stated prison term or terms	6100
pursuant to section 2967.11 of the Revised Code because the parole	6101
board finds by clear and convincing evidence that the offender,	6102
while serving the prison term or terms, committed an act that is a	6103
criminal offense under the law of this state or the United States,	6104
whether or not the offender is prosecuted for the commission of	6105
that act.	6106

(C) "Basic probation supervision" means a requirement that	6107
the offender maintain contact with a person appointed to supervise	6108
the offender in accordance with sanctions imposed by the court or	6109
imposed by the parole board pursuant to section 2967.28 of the	6110
Revised Code. "Basic probation supervision" includes basic parole	6111
supervision and basic post-release control supervision.	6112

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	6113
"unit dose" have the same meanings as in section 2925.01 of the	6114
Revised Code.	6115

(E) "Community-based correctional facility" means a	6116
community-based correctional facility and program or district	6117
community-based correctional facility and program developed	6118
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	6119

(F) "Community control sanction" means a sanction that is	6120
not a prison term and that is described in section 2929.15,	6121
2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction	6122
that is not a jail term and that is described in section 2929.26,	6123
2929.27, or 2929.28 of the Revised Code. "Community control	6124
sanction" includes probation if the sentence involved was imposed	6125
for a felony that was committed prior to July 1, 1996, or if the	6126
sentence involved was imposed for a misdemeanor that was committed	6127
prior to July 1, 2003.	6128

(G) "Controlled substance," "marihuana," "schedule I," and	6129
"schedule II" have the same meanings as in section 3719.01 of the	6130
Revised Code.	6131

(H) "Curfew" means a requirement that an offender during a	6132
specified period of time be at a designated place.	6133

(I) "Day reporting" means a sanction pursuant to which an	6134
offender is required each day to report to and leave a center or	6135
other approved reporting location at specified times in order to	6136
participate in work, education or training, treatment, and other	6137
approved programs at the center or outside the center.	6138

(J) "Deadly weapon" has the same meaning as in section	6139
2923.11 of the Revised Code.	6140

(K) "Drug and alcohol use monitoring" means a program under	6141
which an offender agrees to submit to random chemical analysis of	6142
the offender's blood, breath, or urine to determine whether the	6143
offender has ingested any alcohol or other drugs.	6144

(L) "Drug treatment program" means any program under which a	6145
person undergoes assessment and treatment designed to reduce or	6146
completely eliminate the person's physical or emotional reliance	6147
upon alcohol, another drug, or alcohol and another drug and under	6148
which the person may be required to receive assessment and	6149
treatment on an outpatient basis or may be required to reside at a	6150
facility other than the person's home or residence while	6151
undergoing assessment and treatment.	6152

(M) "Economic loss" means any economic detriment suffered by	6153
a victim as a result of the commission of a felony and includes	6154
any loss of income due to lost time at work because of any injury	6155
caused to the victim, and any property loss, medical cost, or	6156
funeral expense incurred as a result of the commission of the	6157
felony.	6158

(N) "Education or training" includes study at, or in	6159
conjunction with a program offered by, a university, college, or	6160
technical college or vocational study and also includes the	6161
completion of primary school, secondary school, and literacy	6162
curricula or their equivalent.	6163

(O) "Electronically monitored house arrest" has the same	6164
meaning as in section 2929.23 of the Revised Code.	6165

(P) "Eligible offender" has the same meaning as in section	6166
2929.23 of the Revised Code except as otherwise specified in	6167
section 2929.20 of the Revised Code.	6168

(Q) "Firearm" has the same meaning as in section 2923.11 of	6169
the Revised Code.	6170

(R)(P) "Halfway house" means a facility licensed by the	6171
division of parole and community services of the department of	6172
rehabilitation and correction pursuant to section 2967.14 of the	6173
Revised Code as a suitable facility for the care and treatment of	6174
adult offenders.	6175

(S)(Q) "House arrest" means a period of confinement of an	6176
eligible offender that is in the eligible offender's home or in	6177
other premises specified by the sentencing court or by the parole	6178
board pursuant to section 2967.28 of the Revised Code, that may be	6179
electronically monitored house arrest, and during which all of the	6180
following apply:	6181

(1) The eligible offender is required to remain in the	6182
eligible offender's home or other specified premises for the	6183
specified period of confinement, except for periods of time during	6184
which the eligible offender is at the eligible offender's place of	6185
employment or at other premises as authorized by the sentencing	6186
court or by the parole board.	6187

(2) The eligible offender is required to report periodically	6188
to a person designated by the court or parole board.	6189

(3) The eligible offender is subject to any other	6190
restrictions and requirements that may be imposed by the	6191
sentencing court or by the parole board.	6192

(T)(R) "Intensive probation supervision" means a requirement	6193
that an offender maintain frequent contact with a person appointed	6194
by the court, or by the parole board pursuant to section 2967.28	6195
of the Revised Code, to supervise the offender while the offender	6196
is seeking or maintaining necessary employment and participating	6197
in training, education, and treatment programs as required in the	6198
court's or parole board's order. "Intensive probation	6199
supervision" includes intensive parole supervision and intensive	6200
post-release control supervision.	6201

(U)(S) "Jail" means a jail, workhouse, minimum security	6202
jail, or other residential facility used for the confinement of	6203
alleged or convicted offenders that is operated by a political	6204
subdivision or a combination of political subdivisions of this	6205
state.	6206

(T) "Jail term" means the term in a jail that a sentencing	6207
court is authorized to impose pursuant to section 2929.24 or	6208
2929.25 of the Revised Code.	6209

(U) "Mandatory jail term" means the term in a jail that a	6210
sentencing court is required to impose pursuant to division (G) of	6211
section 1547.99 of the Revised Code, division (B) of section	6212
4507.99 of the Revised Code, or division (A) of section 4511.99 of	6213
the Revised Code.	6214

(V) "Delinquent child" has the same meaning as in section	6215
2152.02 of the Revised Code.	6216

(W) "License violation report" means a report that is made	6217
by a sentencing court, or by the parole board pursuant to section	6218
2967.28 of the Revised Code, to the regulatory or licensing board	6219
or agency that issued an offender a professional license or a	6220
license or permit to do business in this state and that specifies	6221
that the offender has been convicted of or pleaded guilty to an	6222
offense that may violate the conditions under which the offender's	6223
professional license or license or permit to do business in this	6224
state was granted or an offense for which the offender's	6225
professional license or license or permit to do business in this	6226
state may be revoked or suspended.	6227

(X) "Major drug offender" means an offender who is convicted	6228
of or pleads guilty to the possession of, sale of, or offer to	6229
sell any drug, compound, mixture, preparation, or substance that	6230
consists of or contains at least one thousand grams of hashish; at	6231
least one hundred grams of crack cocaine; at least one thousand	6232
grams of cocaine that is not crack cocaine; at least two thousand	6233
five hundred unit doses or two hundred fifty grams of heroin; at	6234
least five thousand unit doses of L.S.D. or five hundred grams of	6235
L.S.D. in a liquid concentrate, liquid extract, or liquid	6236
distillate form; or at least one hundred times the amount of any	6237
other schedule I or II controlled substance other than marihuana	6238
that is necessary to commit a felony of the third degree pursuant	6239
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	6240
Code that is based on the possession of, sale of, or offer to sell	6241
the controlled substance.	6242

(Y) "Mandatory prison term" means any of the following:

6243

(1) Subject to division (Y)(2) of this section, the term in	6244
prison that must be imposed for the offenses or circumstances set	6245
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	6246
division (D) of section 2929.14 of the Revised Code. Except as	6247
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	6248
2925.11 of the Revised Code, unless the maximum or another	6249
specific term is required under section 2929.14 of the Revised	6250
Code, a mandatory prison term described in this division may be	6251
any prison term authorized for the level of offense.	6252

(2) The term of sixty or one hundred twenty days in prison	6253
that a sentencing court is required to impose for a third or	6254
fourth degree felony OMVI offense pursuant to division (G)(2) of	6255
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	6256
the Revised Code.	6257

(3) The term in prison imposed pursuant to section 2971.03	6258
of the Revised Code for the offenses and in the circumstances	6259
described in division (F)(11) of section 2929.13 of the Revised	6260
Code and that term as modified or terminated pursuant to section	6261
2971.05 of the Revised Code.	6262

(Z) "Monitored time" means a period of time during which an	6263
offender continues to be under the control of the sentencing court	6264
or parole board, subject to no conditions other than leading a	6265
law-abiding life.	6266

(AA) "Offender" means a person who, in this state, is	6267
convicted of or pleads guilty to a felony or a misdemeanor.	6268

(BB) "Prison" means a residential facility used for the	6269
confinement of convicted felony offenders that is under the	6270
control of the department of rehabilitation and correction but	6271
does not include a violation sanction center operated under	6272
authority of section 2967.141 of the Revised Code.	6273

(CC) "Prison term" includes any of the following sanctions	6274
for an offender:	6275

(1) A stated prison term;

6276

(2) A term in a prison shortened by, or with the approval	6277
of, the sentencing court pursuant to section 2929.20, 2967.26,	6278
5120.031, 5120.032, or 5120.073 of the Revised Code;	6279

(3) A term in prison extended by bad time imposed pursuant	6280
to section 2967.11 of the Revised Code or imposed for a violation	6281
of post-release control pursuant to section 2967.28 of the Revised	6282
Code.	6283

(DD) "Repeat violent offender" means a person about whom	6284
both of the following apply:	6285

(1) The person has been convicted of or has pleaded guilty	6286
to, and is being sentenced for committing, for complicity in	6287
committing, or for an attempt to commit, aggravated murder,	6288
murder, involuntary manslaughter, a felony of the first degree	6289
other than one set forth in Chapter 2925. of the Revised Code, a	6290
felony of the first degree set forth in Chapter 2925. of the	6291
Revised Code that involved an attempt to cause serious physical	6292
harm to a person or that resulted in serious physical harm to a	6293
person, or a felony of the second degree that involved an attempt	6294
to cause serious physical harm to a person or that resulted in	6295
serious physical harm to a person.	6296

(2) Either of the following applies:

6297

(a) The person previously was convicted of or pleaded guilty	6298
to, and previously served or, at the time of the offense was	6299
serving, a prison term for, any of the following:	6300

(i) Aggravated murder, murder, involuntary manslaughter,	6301
rape, felonious sexual penetration as it existed under section	6302
2907.12 of the Revised Code prior to September 3, 1996, a felony	6303
of the first or second degree that resulted in the death of a	6304
person or in physical harm to a person, or complicity in or an	6305
attempt to commit any of those offenses;	6306

(ii) An offense under an existing or former law of this	6307
state, another state, or the United States that is or was	6308
substantially equivalent to an offense listed under division	6309
(DD)(2)(a)(i) of this section and that resulted in the death of a	6310
person or in physical harm to a person.	6311

(b) The person previously was adjudicated a delinquent child	6312
for committing an act that if committed by an adult would have	6313
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	6314
section, the person was committed to the department of youth	6315
services for that delinquent act.	6316

(EE) "Sanction" means any penalty imposed upon an offender	6317
who is convicted of or pleads guilty to an offense, as punishment	6318
for the offense. "Sanction" includes any sanction imposed	6319
pursuant to any provision of sections 2929.14 to 2929.18 or	6320
2929.24 to 2929.28 of the Revised Code.	6321

(FF) "Sentence" means the sanction or combination of	6322
sanctions imposed by the sentencing court on an offender who is	6323
convicted of or pleads guilty to a felonyan offense.	6324

(GG) "Stated prison term" means the prison term, mandatory	6325
prison term, or combination of all prison terms and mandatory	6326
prison terms imposed by the sentencing court pursuant to section	6327
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	6328
includes any credit received by the offender for time spent in	6329
jail awaiting trial, sentencing, or transfer to prison for the	6330
offense and any time spent under house arrest or electronically	6331
monitored house arrest imposed after earning credits pursuant to	6332
section 2967.193 of the Revised Code.	6333

(HH) "Victim-offender mediation" means a reconciliation or	6334
mediation program that involves an offender and the victim of the	6335
offense committed by the offender and that includes a meeting in	6336
which the offender and the victim may discuss the offense, discuss	6337
restitution, and consider other sanctions for the offense.	6338

(II) "Fourth degree felony OMVI offense" means a violation	6339
of division (A) of section 4511.19 of the Revised Code that, under	6340
section 4511.99 of the Revised Code, is a felony of the fourth	6341
degree.	6342

(JJ) "Mandatory term of local incarceration" means the term	6343
of sixty or one hundred twenty days in a jail, a community-based	6344
correctional facility, a halfway house, or an alternative	6345
residential facility that a sentencing court may impose upon a	6346
person who is convicted of or pleads guilty to a fourth degree	6347
felony OMVI offense pursuant to division (G)(1) of section 2929.13	6348
of the Revised Code and division (A)(4) or (8) of section 4511.99	6349
of the Revised Code.	6350

(KK) "Designated homicide, assault, or kidnapping offense,"	6351
"sexual motivation specification," "sexually violent offense,"	6352
"sexually violent predator," and "sexually violent predator	6353
specification" have the same meanings as in section 2971.01 of the	6354
Revised Code.	6355

(LL) "Habitual sex offender," "sexually oriented offense,"	6356
and "sexual predator" have the same meanings as in section 2950.01	6357
of the Revised Code.	6358

(MM) An offense is "committed in the vicinity of a child" if	6359
the offender commits the offense within thirty feet of or within	6360
the same residential unit as a child who is under eighteen years	6361
of age, regardless of whether the offender knows the age of the	6362
child or whether the offender knows the offense is being committed	6363
within thirty feet of or within the same residential unit as the	6364
child and regardless of whether the child actually views the	6365
commission of the offense.	6366

(NN) "Family or household member" has the same meaning as in	6367
section 2919.25 of the Revised Code.	6368

(OO) "Motor vehicle" and "manufactured home" have the same	6369
meanings as in section 4501.01 of the Revised Code.	6370

(PP) "Detention" and "detention facility" have the same	6371
meanings as in section 2921.01 of the Revised Code.	6372

(QQ) "Third degree felony OMVI offense" means a violation of	6373
division (A) of section 4511.19 of the Revised Code that, under	6374
section 4511.99 of the Revised Code, is a felony of the third	6375
degree.	6376

(RR) "Random drug testing" has the same meaning as in	6377
section 5120.63 of the Revised Code.	6378

(SS) "Felony sex offense" has the same meaning as in section	6379
2957.282967.28 of the Revised Code.	6380

(TT) "Body armor" has the same meaning as in section	6381
2941.1411 of the Revised Code.	6382

(UU) "Electronic monitoring" means monitoring through the	6383
use of an electronic monitoring device.	6384

(VV) "Electronic monitoring device" means any of the	6385
following:	6386

(1) Any device that can be operated by electrical or battery	6387
power and that conforms with all of the following:	6388

(a) The device has a transmitter that can be attached to a	6389
person, that will transmit a specified signal to a receiver of the	6390
type described in division (VV)(1)(b) of this section if the	6391
transmitter is removed from the person, turned off, or altered in	6392
any manner without prior court approval in relation to electronic	6393
monitoring or without prior approval of the department of	6394
rehabilitation and correction in relation to the use of an	6395
electronic monitoring device for an inmate on transitional control	6396
or otherwise is tampered with, that can transmit continuously and	6397
periodically a signal to that receiver when the person is within a	6398
specified distance from the receiver, and that can transmit an	6399
appropriate signal to that receiver if the person to whom it is	6400
attached travels a specified distance from that receiver.	6401

(b) The device has a receiver that can receive continuously	6402
the signals transmitted by a transmitter of the type described in	6403
division (VV)(1)(a) of this section, can transmit continuously	6404
those signals by telephone to a central monitoring computer of the	6405
type described in division (VV)(1)(c) of this section, and can	6406
transmit continuously an appropriate signal to that central	6407
monitoring computer if the receiver is turned off or altered	6408
without prior court approval or otherwise tampered with.	6409

(c) The device has a central monitoring computer that can	6410
receive continuously the signals transmitted by telephone by a	6411
receiver of the type described in division (VV)(1)(b) of this	6412
section and can monitor continuously the person to whom an	6413
electronic monitoring device of the type described in division	6414
(VV)(1)(a) of this section is attached.	6415

(2) Any device that is not a device of the type described in	6416
division (VV)(1) of this section and that conforms with all of the	6417
following:	6418

(a) The device includes a transmitter and receiver that can	6419
monitor and determine the location of a subject person at any	6420
time, or at a designated point in time, through the use of a	6421
central monitoring computer or through other electronic means.	6422

(b) The device includes a transmitter and receiver that can	6423
determine at any time, or at a designated point in time, through	6424
the use of a central monitoring computer or other electronic means	6425
the fact that the transmitter is turned off or altered in any	6426
manner without prior approval of the court in relation to the	6427
electronic monitoring or without prior approval of the department	6428
of rehabilitation and correction in relation to the use of an	6429
electronic monitoring device for an inmate on transitional control	6430
or otherwise is tampered with.	6431

(3) Any type of technology that can adequately track or	6432
determine the location of a subject person at any time and that is	6433
approved by the director of rehabilitation and correction,	6434
including, but not limited to, any satellite technology, voice	6435
tracking system, or retinal scanning system that is so approved.	6436

Sec. 2929.17.  The court imposing a sentence for a felony	6437
upon an offender who is not required to serve a mandatory prison	6438
term may impose any nonresidential sanction or combination of	6439
nonresidential sanctions authorized under this section. If the	6440
court imposes one or more nonresidential sanctions authorized	6441
under this section, the court shall impose as a condition of the	6442
sanction that, during the period of the nonresidential sanction,	6443
the offender shall abide by the law and shall not leave the state	6444
without the permission of the court or the offender's probation	6445
officer.	6446

The court imposing a sentence for a fourth degree felony OMVI	6447
offense under division (G)(1) of section 2929.13 of the Revised	6448
Code may impose upon the offender, in addition to the mandatory	6449
term of local incarceration imposed under that division, a	6450
nonresidential sanction or combination of nonresidential sanctions	6451
under this section, and the offender shall serve or satisfy the	6452
sanction or combination of sanctions after the offender has served	6453
the mandatory term of local incarceration required for the	6454
offense. Nonresidential sanctions include, but are not limited	6455
to, the following:	6456

(A) A term of day reporting;

6457

(B) A term of electronically monitored house arrest with	6458
electronic monitoring, a term of electronic monitoring without	6459
house arrest, or a term of house arrest without electronic	6460
monitoring;	6461

(C) A term of community service of up to five hundred hours	6462
pursuant to division (F)(B) of section 2951.02 of the Revised Code	6463
or, if the court determines that the offender is financially	6464
incapable of fulfilling a financial sanction described in section	6465
2929.18 of the Revised Code, a term of community service as an	6466
alternative to a financial sanction;	6467

(D) A term in a drug treatment program with a level of	6468
security for the offender as determined necessary by the court;	6469

(E) A term of intensive probation supervision;

6470

(F) A term of basic probation supervision;

6471

(G) A term of monitored time;

6472

(H) A term of drug and alcohol use monitoring, including	6473
random drug testing pursuant to section 2951.05 of the Revised	6474
Code;	6475

(I) A curfew term;

6476

(J) A requirement that the offender obtain employment;

6477

(K) A requirement that the offender obtain education or	6478
training;	6479

(L) Provided the court obtains the prior approval of the	6480
victim, a requirement that the offender participate in	6481
victim-offender mediation;	6482

(M) A license violation report;

6483

(N) If the offense is a violation of section 2919.25 or a	6484
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	6485
Code involving a person who was a family or household member at	6486
the time of the violation, if the offender committed the offense	6487
in the vicinity of one or more children who are not victims of the	6488
offense, and if the offender or the victim of the offense is a	6489
parent, guardian, custodian, or person in loco parentis of one or	6490
more of those children, a requirement that the offender obtain	6491
counseling. This division does not limit the court in requiring	6492
the offender to obtain counseling for any offense or in any	6493
circumstance not specified in this division.	6494

Sec. 2929.18.  (A) Except as otherwise provided in this	6495
division and in addition to imposing court costs pursuant to	6496
section 2947.23 of the Revised Code, the court imposing a sentence	6497
upon an offender for a felony may sentence the offender to any	6498
financial sanction or combination of financial sanctions	6499
authorized under this section or, in the circumstances specified	6500
in section 2929.252929.32 of the Revised Code, may impose upon	6501
the offender a fine in accordance with that section. If the	6502
offender is sentenced to a sanction of confinement pursuant to	6503
section 2929.14 or 2929.16 of the Revised Code that is to be	6504
served in a facility operated by a board of county commissioners,	6505
a legislative authority of a municipal corporation, or another	6506
governmental entity, the court imposing sentence upon an offender	6507
for a felony shall comply with division (A)(4)(b) of this section	6508
in determining whether to sentence the offender to a financial	6509
sanction described in division (A)(4)(a) of this section.	6510
Financial sanctions that may be imposed pursuant to this section	6511
include, but are not limited to, the following:	6512

(1) Restitution by the offender to the victim of the	6513
offender's crime or any survivor of the victim, in an amount based	6514
on the victim's economic loss. The court shall order that the	6515
restitution be made to the victim in open court, to the adult	6516
probation department that serves the county on behalf of the	6517
victim, to the clerk of courts, or to another agency designated by	6518
the court, except that it. The order may include a requirement	6519
that reimbursement be made to third parties for amounts paid to or	6520
on behalf of the victim or any survivor of the victim for economic	6521
loss resulting from the offense. If reimbursement to third	6522
parties is required, the reimbursement shall be made to any	6523
governmental agency to repay any amounts paid by the agency to or	6524
on behalf of the victim or any survivor of the victim for economic	6525
loss resulting from the offense before any reimbursement is made	6526
to any person other than a governmental agency. If no	6527
governmental agency incurred expenses for economic loss of the	6528
victim or any survivor of the victim resulting from the offense,	6529
the reimbursement shall be made to any person other than a	6530
governmental agency to repay amounts paid by that person to or on	6531
behalf of the victim or any survivor of the victim for economic	6532
loss of the victim resulting from the offense. The court shall	6533
not require an offender to repay an insurance company for any	6534
amounts the company paid on behalf of the offender pursuant to a	6535
policy of insurance. At sentencing, the court shall determine the	6536
amount of restitution to be made by the offender. The court may	6537
base the amount of restitution it orders on an amount recommended	6538
by the victim, the offender, a presentence investigation report,	6539
estimates or receipts indicating the cost of repairing or	6540
replacing property, and other information. The court shall hold a	6541
hearing on restitution if the offender, victim, or survivor	6542
disputes the amount. All restitution payments shall be credited	6543
against any recovery of economic loss in a civil action brought by	6544
the victim or any survivor of the victim against the offender.	6545

The court may order that the offender pay a surcharge of not	6546
more than five per cent of the amount of the restitution otherwise	6547
ordered to the entity responsible for collecting and processing	6548
restitution payments.	6549

The victim or survivor may request that the prosecuting	6550
attorney file a motion, or the offender may file a motion, for	6551
modification of the payment terms of any restitution ordered based	6552
on a substantial change in the offender's ability to pay.	6553

(2) Except as provided in division (B)(1), (3), or (4) of	6554
this section, a fine payable by the offender to the state, to a	6555
political subdivision, or as described in division (B)(2) of this	6556
section to one or more law enforcement agencies, with the amount	6557
of the fine based on a standard percentage of the offender's daily	6558
income over a period of time determined by the court and based	6559
upon the seriousness of the offense. A fine ordered under this	6560
division shall not exceed the statutorymaximum conventional fine	6561
amount authorized for the level of the offense under division	6562
(A)(3) of this section.	6563

(3) Except as provided in division (B)(1), (3), or (4) of	6564
this section, a fine payable by the offender to the state, to a	6565
political subdivision when appropriate for a felony, or as	6566
described in division (B)(2) of this section to one or more law	6567
enforcement agencies, in the following amount:	6568

(a) For a felony of the first degree, not more than twenty	6569
thousand dollars;	6570

(b) For a felony of the second degree, not more than fifteen	6571
thousand dollars;	6572

(c) For a felony of the third degree, not more than ten	6573
thousand dollars;	6574

(d) For a felony of the fourth degree, not more than five	6575
thousand dollars;	6576

(e) For a felony of the fifth degree, not more than two	6577
thousand five hundred dollars.	6578

(4) A state fine or cost as defined in section 2949.111 of	6579
the Revised Code;	6580

(5)(a) Subject to division (A)(4)(b) of this section,	6581
reimbursementReimbursement by the offender of any or all of the	6582
costs of sanctions incurred by the government, including the	6583
following:	6584

(i) All or part of the costs of implementing any community	6585
control sanction, including a supervision fee under section	6586
2951.021 of the Revised Code;	6587

(ii) All or part of the costs of confinement under a	6588
sanction imposed pursuant to section 2929.14 or 2929.16 of the	6589
Revised Code, provided that the amount of reimbursement ordered	6590
under this division shall not exceed the total amount of	6591
reimbursement the offender is able to pay as determined at a	6592
hearing and shall not exceed the actual cost of the confinement;.	6593

(b) If the offender is sentenced to a sanction of	6594
confinement pursuant to section 2929.14 or 2929.16 of the Revised	6595
Code that is to be served in a facility operated by a board of	6596
county commissioners, a legislative authority of a municipal	6597
corporation, or another local governmental entity, one of the	6598
following applies:	6599

(i) Ifif, pursuant to section 307.93, 341.14, 341.19,	6600
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised	6601
Code, the board, legislative authority, or other local	6602
governmental entity requires prisoners convicted of an offense	6603
other than a minor misdemeanor to reimburse the county, municipal	6604
corporation, or other entity for its expenses incurred by reason	6605
of the prisoner's confinement, and if the court shalldoes not	6606
impose a financial sanction under division (A)(4)(5)(a)(ii) of	6607
this section that requires the offender to reimburse the county,	6608
municipal corporation, or other local governmental entity for the	6609
cost of the, confinement costs may be assessed pursuant to any	6610
other section of the Revised Code that authorizes an assessment	6611
for confinement costs. In addition, the court may impose any other	6612
financial sanction under this section.	6613

(ii) If, pursuant to any section identified in division	6614
(A)(4)(b)(i) of this section, the board, legislative authority, or	6615
other local governmental entity has adopted a resolution or	6616
ordinance specifying that prisoners convicted of felonies are not	6617
required to reimburse the county, municipal corporation, or other	6618
local governmental entity for its expenses incurred by reason of	6619
the prisoner's confinement, the court shall not impose a financial	6620
sanction under division (A)(4)(a) of this section that requires	6621
the offender to reimburse the county, municipal corporation, or	6622
other local governmental entity for the cost of the confinement,	6623
but the court may impose any other financial sanction under this	6624
section.	6625

(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of	6626
this section applies, the court may impose, but is not required to	6627
impose, any financial sanction under this section.	6628

(c) Reimbursement by the offender for costs pursuant to	6629
section 2929.282929.71 of the Revised Code.	6630

(B)(1) For a first, second, or third degree felony violation	6631
of any provision of Chapter 2925., 3719., or 4729. of the Revised	6632
Code, the sentencing court shall impose upon the offender a	6633
mandatory fine of at least one-half of, but not more than, the	6634
maximum statutory fine amount authorized for the level of the	6635
offense pursuant to division (A)(3) of this section. If an	6636
offender alleges in an affidavit filed with the court prior to	6637
sentencing that the offender is indigent and unable to pay the	6638
mandatory fine and if the court determines the offender is an	6639
indigent person and is unable to pay the mandatory fine described	6640
in this division, the court shall not impose the mandatory fine	6641
upon the offender.	6642

(2) Any mandatory fine imposed upon an offender under	6643
division (B)(1) of this section and any fine imposed upon an	6644
offender under division (A)(2) or (3) of this section for any	6645
fourth or fifth degree felony violation of any provision of	6646
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	6647
to law enforcement agencies pursuant to division (F) of section	6648
2925.03 of the Revised Code.	6649

(3) For a fourth degree felony OMVI offense and for a third	6650
degree felony OMVI offense, the sentencing court shall impose upon	6651
the offender a mandatory fine in the amount specified in division	6652
(A)(4) or (8) of section 4511.99 of the Revised Code. The	6653
mandatory fine so imposed shall be disbursed as provided in	6654
division (A)(4) or (8) of section 4511.99 of the Revised Code.	6655

(4) Notwithstanding any fine otherwise authorized or	6656
required to be imposed under division (A)(2) or (3) or (B)(1) of	6657
this section or section 2929.31 of the Revised Code for a	6658
violation of section 2925.03 of the Revised Code, in addition to	6659
any penalty or sanction imposed for that offense under section	6660
2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in	6661
addition to the forfeiture of property in connection with the	6662
offense as prescribed in sections 2925.42 to 2925.45 of the	6663
Revised Code, the court that sentences an offender for a violation	6664
of section 2925.03 of the Revised Code may impose upon the	6665
offender a fine in addition to any fine imposed under division	6666
(A)(2) or (3) of this section and in addition to any mandatory	6667
fine imposed under division (B)(1) of this section. The fine	6668
imposed under division (B)(4) of this section shall be used as	6669
provided in division (H) of section 2925.03 of the Revised Code. A	6670
fine imposed under division (B)(4) of this section shall not	6671
exceed whichever of the following is applicable:	6672

(a) The total value of any personal or real property in	6673
which the offender has an interest and that was used in the course	6674
of, intended for use in the course of, derived from, or realized	6675
through conduct in violation of section 2925.03 of the Revised	6676
Code, including any property that constitutes proceeds derived	6677
from that offense;	6678

(b) If the offender has no interest in any property of the	6679
type described in division (B)(4)(a) of this section or if it is	6680
not possible to ascertain whether the offender has an interest in	6681
any property of that type in which the offender may have an	6682
interest, the amount of the mandatory fine for the offense imposed	6683
under division (B)(1) of this section or, if no mandatory fine is	6684
imposed under division (B)(1) of this section, the amount of the	6685
fine authorized for the level of the offense imposed under	6686
division (A)(3) of this section.	6687

(5) Prior to imposing a fine under division (B)(4) of this	6688
section, the court shall determine whether the offender has an	6689
interest in any property of the type described in division	6690
(B)(4)(a) of this section. Except as provided in division (B)(6)	6691
or (7) of this section, a fine that is authorized and imposed	6692
under division (B)(4) of this section does not limit or affect the	6693
imposition of the penalties and sanctions for a violation of	6694
section 2925.03 of the Revised Code prescribed under those	6695
sections or sections 2929.11 to 2929.18 of the Revised Code and	6696
does not limit or affect a forfeiture of property in connection	6697
with the offense as prescribed in sections 292t.42 2925.42 to	6698
2925.45 of the Revised Code.	6699

(6) If the sum total of a mandatory fine amount imposed for	6700
a first, second, or third degree felony violation of section	6701
2925.03 of the Revised Code under division (B)(1) of this section	6702
plus the amount of any fine imposed under division (B)(4) of this	6703
section does not exceed the maximum statutory fine amount	6704
authorized for the level of the offense under division (A)(3) of	6705
this section or section 2929.31 of the Revised Code, the court may	6706
impose a fine for the offense in addition to the mandatory fine	6707
and the fine imposed under division (B)(4) of this section. The	6708
sum total of the amounts of the mandatory fine, the fine imposed	6709
under division (B)(4) of this section, and the additional fine	6710
imposed under division (B)(6) of this section shall not exceed the	6711
maximum statutory fine amount authorized for the level of the	6712
offense under division (A)(3) of this section or section 2929.31	6713
of the Revised Code. The clerk of the court shall pay any fine	6714
that is imposed under division (B)(6) of this section to the	6715
county, township, municipal corporation, park district as created	6716
pursuant to section 511.18 or 1545.04 of the Revised Code, or	6717
state law enforcement agencies in this state that primarily were	6718
responsible for or involved in making the arrest of, and in	6719
prosecuting, the offender pursuant to division (F) of section	6720
2925.03 of the Revised Code.	6721

(7) If the sum total of the amount of a mandatory fine	6722
imposed for a first, second, or third degree felony violation of	6723
section 2925.03 of the Revised Code plus the amount of any fine	6724
imposed under division (B)(4) of this section exceeds the maximum	6725
statutory fine amount authorized for the level of the offense	6726
under division (A)(3) of this section or section 2929.31 of the	6727
Revised Code, the court shall not impose a fine under division	6728
(B)(6) of this section.	6729

(C)(1) The offender shall pay reimbursements imposed upon	6730
the offender pursuant to division (A)(4)(5)(a) of this section to	6731
pay the costs incurred by the department of rehabilitation and	6732
correction in operating a prison or other facility used to confine	6733
offenders pursuant to sanctions imposed under section 2929.14 or	6734
2929.16 of the Revised Code to the treasurer of state. The	6735
treasurer of state shall deposit the reimbursements in the	6736
confinement cost reimbursement fund that is hereby created in the	6737
state treasury. The department of rehabilitation and correction	6738
shall use the amounts deposited in the fund to fund the operation	6739
of facilities used to confine offenders pursuant to sections	6740
2929.14 and 2929.16 of the Revised Code.	6741

(2) Except as provided in section 2951.021 of the Revised	6742
Code, the offender shall pay reimbursements imposed upon the	6743
offender pursuant to division (A)(4)(5)(a) of this section to pay	6744
the costs incurred by a county pursuant to any sanction imposed	6745
under this section or section 2929.16 or 2929.17 of the Revised	6746
Code or in operating a facility used to confine offenders pursuant	6747
to a sanction imposed under section 2929.16 of the Revised Code to	6748
the county treasurer. The county treasurer shall deposit the	6749
reimbursements in the sanction cost reimbursement fund that each	6750
board of county commissioners shall create in its county treasury.	6751
The county shall use the amounts deposited in the fund to pay the	6752
costs incurred by the county pursuant to any sanction imposed	6753
under this section or section 2929.16 or 2929.17 of the Revised	6754
Code or in operating a facility used to confine offenders pursuant	6755
to a sanction imposed under section 2929.16 of the Revised Code.	6756

(3) Except as provided in section 2951.021 of the Revised	6757
Code, the offender shall pay reimbursements imposed upon the	6758
offender pursuant to division (A)(4)(5)(a) of this section to pay	6759
the costs incurred by a municipal corporation pursuant to any	6760
sanction imposed under this section or section 2929.16 or 2929.17	6761
of the Revised Code or in operating a facility used to confine	6762
offenders pursuant to a sanction imposed under section 2929.16 of	6763
the Revised Code to the treasurer of the municipal corporation.	6764
The treasurer shall deposit the reimbursements in a special fund	6765
that shall be established in the treasury of each municipal	6766
corporation. The municipal corporation shall use the amounts	6767
deposited in the fund to pay the costs incurred by the municipal	6768
corporation pursuant to any sanction imposed under this section or	6769
section 2929.16 or 2929.17 of the Revised Code or in operating a	6770
facility used to confine offenders pursuant to a sanction imposed	6771
under section 2929.16 of the Revised Code.	6772

(4) Except as provided in section 2951.021 of the Revised	6773
Code, the offender shall pay reimbursements imposed pursuant to	6774
division (A)(4)(5)(a) of this section for the costs incurred by a	6775
private provider pursuant to a sanction imposed under this section	6776
or section 2929.16 or 2929.17 of the Revised Code to the provider.	6777

(D) AExcept as otherwise provided in this division, a	6778
financial sanction imposed pursuant to division (A) or (B) of this	6779
section is a judgment in favor of the state or a political	6780
subdivision in which the court that imposed the financial sanction	6781
is located, except that a. A financial sanction of reimbursement	6782
imposed pursuant to division (A)(4)(5)(a)(ii) of this section upon	6783
an offender who is incarcerated in a state facility or a municipal	6784
jail is a judgment in favor of the state or the municipal	6785
corporation, a. A financial sanction of reimbursement imposed upon	6786
an offender pursuant to this section for costs incurred by a	6787
private provider of sanctions is a judgment in favor of the	6788
private provider, and a. A financial sanction of restitution	6789
imposed pursuant to this section is a judgment in favor of the	6790
victim of the offender's criminal act. The offender subject to	6791
the sanction is the judgment debtor. Imposition of a financial	6792
sanction and execution on the judgment does not preclude any other	6793
power of the court to impose or enforce sanctions on the offender.	6794
Once the financial sanction is imposed as a judgment, the victim,	6795
private provider, state, or political subdivision may bring an	6796
action to do any of the following:	6797

(1) Obtain execution of the judgment through any available	6798
procedure, including:	6799

(a) An execution against the property of the judgment debtor	6800
under Chapter 2329. of the Revised Code;	6801

(b) An execution against the person of the judgment debtor	6802
under Chapter 2331. of the Revised Code;	6803

(c) A proceeding in aid of execution under Chapter 2333. of	6804
the Revised Code, including:	6805

(i) A proceeding for the examination of the judgment debtor	6806
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	6807
of the Revised Code;	6808

(ii) A proceeding for attachment of the person of the	6809
judgment debtor under section 2333.28 of the Revised Code;	6810

(iii) A creditor's suit under section 2333.01 of the Revised	6811
Code.	6812

(d) The attachment of the property of the judgment debtor	6813
under Chapter 2715. of the Revised Code;	6814

(e) The garnishment of the property of the judgment debtor	6815
under Chapter 2716. of the Revised Code.	6816

(2) Obtain an order for the assignment of wages of the	6817
judgment debtor under section 1321.33 of the Revised Code.	6818

(E) A court that imposes a financial sanction upon an	6819
offender may hold a hearing if necessary to determine whether the	6820
offender is able to pay the sanction or is likely in the future to	6821
be able to pay it.	6822

(F) Each court imposing a financial sanction upon an	6823
offender under this section or under section 2929.252929.32 of	6824
the Revised Code may designate athe clerk of the court employee	6825
or another person to collect, orthe financial sanction. The clerk	6826
or other person authorized by law or the court to collect the	6827
financial sanction may enter into contracts with one or more	6828
public agencies or private vendors for the collection of, amounts	6829
due under the financial sanction imposed pursuant to this section	6830
or section 2929.252929.32 of the Revised Code. Before entering	6831
into a contract for the collection of amounts due from an offender	6832
pursuant to any financial sanction imposed pursuant to this	6833
section or section 2929.252929.32 of the Revised Code, a court	6834
shall comply with sections 307.86 to 307.92 of the Revised Code.	6835

(G) If a court that imposes a financial sanction under	6836
division (A) or (B) of this section finds that an offender	6837
satisfactorily has completed all other sanctions imposed upon the	6838
offender and that all restitution that has been ordered has been	6839
paid as ordered, the court may suspend any financial sanctions	6840
imposed pursuant to this section or section 2929.252929.32 of the	6841
Revised Code that have not been paid.	6842

(H) No financial sanction imposed under this section or	6843
section 2929.252929.32 of the Revised Code shall preclude a	6844
victim from bringing a civil action against the offender.	6845

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	6846
hearing before imposing a sentence under this chapter upon an	6847
offender who was convicted of or pleaded guilty to a felony and	6848
before resentencing an offender who was convicted of or pleaded	6849
guilty to a felony and whose case was remanded pursuant to section	6850
2953.07 or 2953.08 of the Revised Code. At the hearing, the	6851
offender, the prosecuting attorney, the victim or the victim's	6852
representative in accordance with section 2930.14 of the Revised	6853
Code, and, with the approval of the court, any other person may	6854
present information relevant to the imposition of sentence in the	6855
case. The court shall inform the offender of the verdict of the	6856
jury or finding of the court and ask the offender whether the	6857
offender has anything to say as to why sentence should not be	6858
imposed upon the offender.	6859

(2) Except as otherwise provided in this division, before	6860
imposing sentence on an offender who is being sentenced for a	6861
sexually oriented offense that was committed on or after January	6862
1, 1997, and that is not a sexually violent offense, and before	6863
imposing sentence on an offender who is being sentenced for a	6864
sexually violent offense committed on or after January 1, 1997,	6865
and who was not charged with a sexually violent predator	6866
specification in the indictment, count in the indictment, or	6867
information charging the sexually violent offense, the court shall	6868
conduct a hearing in accordance with division (B) of section	6869
2950.09 of the Revised Code to determine whether the offender is a	6870
sexual predator. The court shall not conduct a hearing under that	6871
division if the offender is being sentenced for a sexually violent	6872
offense and a sexually violent predator specification was included	6873
in the indictment, count in the indictment, or information	6874
charging the sexually violent offense. Before imposing sentence	6875
on an offender who is being sentenced for a sexually oriented	6876
offense, the court also shall comply with division (E) of section	6877
2950.09 of the Revised Code.	6878

(B)(1) At the sentencing hearing, the court, before imposing	6879
sentence, shall consider the record, any information presented at	6880
the hearing by any person pursuant to division (A) of this	6881
section, and, if one was prepared, the presentence investigation	6882
report made pursuant to section 2951.03 of the Revised Code or	6883
Criminal Rule 32.2, and any victim impact statement made pursuant	6884
to section 2947.051 of the Revised Code.	6885

(2) The court shall impose a sentence and shall make a	6886
finding that gives its reasons for selecting the sentence imposed	6887
in any of the following circumstances:	6888

(a) Unless the offense is a sexually violent offense for	6889
which the court is required to impose sentence pursuant to	6890
division (G) of section 2929.14 of the Revised Code, if it imposes	6891
a prison term for a felony of the fourth or fifth degree or for a	6892
felony drug offense that is a violation of a provision of Chapter	6893
2925. of the Revised Code and that is specified as being subject	6894
to division (B) of section 2929.13 of the Revised Code for	6895
purposes of sentencing, its reasons for imposing the prison term,	6896
based upon the overriding purposes and principles of felony	6897
sentencing set forth in section 2929.11 of the Revised Code, and	6898
any factors listed in divisions (B)(1)(a) to (i) of section	6899
2929.13 of the Revised Code that it found to apply relative to the	6900
offender.	6901

(b) If it does not impose a prison term for a felony of the	6902
first or second degree or for a felony drug offense that is a	6903
violation of a provision of Chapter 2925. of the Revised Code and	6904
for which a presumption in favor of a prison term is specified as	6905
being applicable, its reasons for not imposing the prison term and	6906
for overriding the presumption, based upon the overriding purposes	6907
and principles of felony sentencing set forth in section 2929.11	6908
of the Revised Code, and the basis of the findings it made under	6909
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	6910

(c) If it imposes consecutive sentences under section	6911
2929.14 of the Revised Code, its reasons for imposing the	6912
consecutive sentences;	6913

(d) If the sentence is for one offense and it imposes a	6914
prison term for the offense that is the maximum prison term	6915
allowed for that offense by division (A) of section 2929.14 of the	6916
Revised Code, its reasons for imposing the maximum prison term;	6917

(e) If the sentence is for two or more offenses arising out	6918
of a single incident and it imposes a prison term for those	6919
offenses that is the maximum prison term allowed for the offense	6920
of the highest degree by division (A) of section 2929.14 of the	6921
Revised Code, its reasons for imposing the maximum prison term.	6922

(3) Subject to division (B)(4) of this section, if the	6923
sentencing court determines at the sentencing hearing that a	6924
prison term is necessary or required, the court shall do all of	6925
the following:	6926

(a) Impose a stated prison term;

6927

(b) Notify the offender that, as part of the sentence, the	6928
parole board may extend the stated prison term for certain	6929
violations of prison rules for up to one-half of the stated prison	6930
term;	6931

(c) Notify the offender that the offender will be supervised	6932
under section 2967.28 of the Revised Code after the offender	6933
leaves prison if the offender is being sentenced for a felony of	6934
the first degree or second degree, for a felony sex offense, or	6935
for a felony of the third degree in the commission of which the	6936
offender caused or threatened to cause physical harm to a person;	6937

(d) Notify the offender that the offender may be supervised	6938
under section 2967.28 of the Revised Code after the offender	6939
leaves prison if the offender is being sentenced for a felony of	6940
the third, fourth, or fifth degree that is not subject to division	6941
(B)(3)(c) of this section;	6942

(e) Notify the offender that, if a period of supervision is	6943
imposed following the offender's release from prison, as described	6944
in division (B)(3)(c) or (d) of this section, and if the offender	6945
violates that supervision or a condition of post-release control	6946
imposed under division (B) of section 2967.131 of the Revised	6947
Code, the parole board may impose a prison term, as part of the	6948
sentence, of up to one-half of the stated prison term originally	6949
imposed upon the offender;	6950

(f) Require that the offender not ingest or be injected with	6951
a drug of abuse and submit to random drug testing as provided in	6952
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	6953
is applicable to the offender who is serving a prison term, and	6954
require that the results of the drug test administered under any	6955
of those sections indicate that the offender did not ingest or was	6956
not injected with a drug of abuse.	6957

(4) If the offender is being sentenced for a sexually	6958
violent offense that the offender committed on or after January 1,	6959
1997, and the offender also is convicted of or pleads guilty to a	6960
sexually violent predator specification that was included in the	6961
indictment, count in the indictment, or information charging the	6962
sexually violent offense or if the offender is being sentenced for	6963
a sexually oriented offense that the offender committed on or	6964
after January 1, 1997, and the court imposing the sentence has	6965
determined pursuant to division (B) of section 2950.09 of the	6966
Revised Code that the offender is a sexual predator, the court	6967
shall include in the offender's sentence a statement that the	6968
offender has been adjudicated as being a sexual predator and shall	6969
comply with the requirements of section 2950.03 of the Revised	6970
Code. Additionally, in the circumstances described in division	6971
(G) of section 2929.14 of the Revised Code, the court shall impose	6972
sentence on the offender as described in that division.	6973

(5) If the sentencing court determines at the sentencing	6974
hearing that a community control sanction should be imposed and	6975
the court is not prohibited from imposing a community control	6976
sanction, the court shall impose a community control sanction. The	6977
court shall notify the offender that, if the conditions of the	6978
sanction are violated, if the offender commits a violation of any	6979
law, or if the offender leaves this state without the permission	6980
of the court or the offender's probation officer, the court may	6981
impose a longer time under the same sanction, may impose a more	6982
restrictive sanction, or may impose a prison term on the offender	6983
and shall indicate the specific prison term that may be imposed as	6984
a sanction for the violation, as selected by the court from the	6985
range of prison terms for the offense pursuant to section 2929.14	6986
of the Revised Code.	6987

(6) Before imposing a financial sanction under section	6988
2929.18 of the Revised Code or a fine under section 2929.25	6989
2929.32 of the Revised Code, the court shall consider the	6990
offender's present and future ability to pay the amount of the	6991
sanction or fine.	6992

(C)(1) If the offender is being sentenced for a fourth	6993
degree felony OMVI offense under division (G)(1) of section	6994
2929.13 of the Revised Code, the court shall impose the mandatory	6995
term of local incarceration in accordance with that division,	6996
shall impose a mandatory fine in accordance with division (B)(3)	6997
of section 2929.18 of the Revised Code, and, in addition, may	6998
impose additional sanctions as specified in sections 2929.15,	6999
2929.16, 2929.17, and 2929.18 of the Revised Code. The court	7000
shall not impose a prison term on the offender.	7001

(2) If the offender is being sentenced for a third or fourth	7002
degree felony OMVI offense under division (G)(2) of section	7003
2929.13 of the Revised Code, the court shall impose the mandatory	7004
prison term in accordance with that division, shall impose a	7005
mandatory fine in accordance with division (B)(3) of section	7006
2929.18 of the Revised Code, and, in addition, may impose an	7007
additional prison term as specified in section 2929.14 of the	7008
Revised Code. The court shall not impose any community control	7009
sanction on the offender.	7010

(D) The sentencing court, pursuant to division (K) of	7011
section 2929.14 of the Revised Code, may recommend placement of	7012
the offender in a program of shock incarceration under section	7013
5120.031 of the Revised Code or an intensive program prison under	7014
section 5120.032 of the Revised Code, disapprove placement of the	7015
offender in a program or prison of that nature, or make no	7016
recommendation. If the court recommends or disapproves placement,	7017
it shall make a finding that gives its reasons for its	7018
recommendation or disapproval.	7019

Sec. 2929.21.  (A) A court that sentences an offender for a	7020
misdemeanor or minor misdemeanor shall be guided by the overriding	7021
purposes of misdemeanor sentencing. The overriding purposes of	7022
misdemeanor sentencing are to protect the public from future crime	7023
by the offender and others and to punish the offender. To achieve	7024
those purposes, the sentencing court shall consider the impact of	7025
the offense upon the victim and the need for changing the	7026
offender's behavior, rehabilitating the offender, and making	7027
restitution to the victim of the offense, the public, or the	7028
victim and the public.	7029

(B) A sentence imposed for a misdemeanor or minor misdemeanor	7030
shall be reasonably calculated to achieve the two overriding	7031
purposes of misdemeanor sentencing set forth in division (A) of	7032
this section, commensurate with and not demeaning to the	7033
seriousness of the offender's conduct and its impact upon the	7034
victim, and consistent with sentences imposed for similar offenses	7035
committed by similar offenders.	7036

(C) A court that imposes a sentence upon an offender for a	7037
misdemeanor or minor misdemeanor shall not base the sentence upon	7038
the race, ethnic background, gender, or religion of the offender.	7039

Sec. 2929.22.  (A) Unless a mandatory jail term is required	7040
to be imposed by division (G) of section 1547.99, division (B) of	7041
section 4507.99, or division (A) of section 4511.99 of the Revised	7042
Code, a court that imposes a sentence under this chapter upon an	7043
offender for a misdemeanor or minor misdemeanor has discretion to	7044
determine the most effective way to achieve the purposes and	7045
principles of sentencing set forth in section 2929.21 of the	7046
Revised Code.	7047

Unless a specific sanction is required to be imposed or is	7048
precluded from being imposed by the section setting forth an	7049
offense or the penalty for an offense or by any provision of	7050
sections 2929.23 to 2929.28 of the Revised Code, a court that	7051
imposes a sentence upon an offender for a misdemeanor may impose	7052
on the offender any sanction or combination of sanctions under	7053
sections 2929.24 to 2929.28 of the Revised Code. The court shall	7054
consider the burden imposed by the sentence on local government	7055
resources.	7056

(B)(1) In determining the appropriate sentence for a	7057
misdemeanor, the court shall consider all of the following	7058
factors:	7059

(a) The nature and circumstances of the offense or offenses;

7060

(b) The criminal history and character of the offender;

7061

(c) Whether the offender is likely to commit future crimes.

7062

(2) In determining the appropriate sentence for a	7063
misdemeanor, the court may consider any other factors that are	7064
relevant to achieving the purposes and principles of sentencing	7065
set forth in section 2929.21 of the Revised Code.	7066

(C) Before imposing a jail term as a sentence for a	7067
misdemeanor, a court may impose a community control sanction or a	7068
combination of community control sanctions under sections 2929.25,	7069
2929.26, 2929.27, and 2929.28 of the Revised Code. A court shall	7070
impose the longest jail term authorized under section 2929.24 of	7071
the Revised Code only upon offenders who commit the worst forms of	7072
the offense or upon offenders whose conduct and response to prior	7073
sanctions for prior offenses demonstrate that the imposition of	7074
the longest jail term is necessary to deter the offender from	7075
committing a future crime.	7076

(D)(1) A sentencing court shall consider any relevant oral	7077
or written statement made by the victim, the defendant, the	7078
defense attorney, or the prosecuting authority regarding	7079
sentencing for a misdemeanor. This division does not create any	7080
rights to notice other than those rights authorized by Chapter	7081
2930. of the Revised Code.	7082

(2) At the time of sentencing for a misdemeanor or as soon	7083
as possible after sentencing, the court shall notify the victim of	7084
the offense of the victim's right to file an application for an	7085
award of reparations pursuant to sections 2743.51 to 2743.72 of	7086
the Revised Code.	7087

Sec. 2929.23.  (A) If an offender is being sentenced for a	7088
sexually oriented offense that is a misdemeanor committed on or	7089
after January 1, 1997, and if the judge imposing sentence for the	7090
sexually oriented offense determines pursuant to division (B) of	7091
section 2950.09 of the Revised Code that the offender is a sexual	7092
predator, the judge shall include in the offender's sentence a	7093
statement that the offender has been adjudicated a sexual	7094
predator, shall comply with the requirements of section 2950.03 of	7095
the Revised Code, and shall require the offender to submit to a	7096
DNA specimen collection procedure pursuant to section 2901.07 of	7097
the Revised Code.	7098

(B) Before imposing sentence on an offender who is being	7099
sentenced for a sexually oriented offense that is a misdemeanor	7100
committed on or after January 1, 1997, the judge shall conduct a	7101
hearing in accordance with division (B) of section 2950.09 of the	7102
Revised Code to determine whether the offender is a sexual	7103
predator. Before imposing sentence on an offender who is being	7104
sentenced for a sexually oriented offense, the court also shall	7105
comply with division (E) of section 2950.09 of the Revised Code.	7106

(C) If an offender is being sentenced for a sexually	7107
oriented offense that is a misdemeanor committed on or after	7108
January 1, 1997, the judge shall include in the sentence a summary	7109
of the offender's duty to register pursuant to section 2950.04 of	7110
the Revised Code, the offender's duty to provide notice of a	7111
change in residence address and register the new residence address	7112
pursuant to section 2950.05 of the Revised Code, the offender's	7113
duty to periodically verify the offender's current residence	7114
address pursuant to section 2950.06 of the Revised Code, and the	7115
duration of the duties. The judge shall inform the offender, at	7116
the time of sentencing, of those duties and of their duration and,	7117
if required under division (A)(2) of section 2950.03 of the	7118
Revised Code, shall perform the duties specified in that section.	7119

Sec. 2929.24.  (A) Except as provided in section 2929.23 of	7120
the Revised Code and unless another term is required or authorized	7121
pursuant to law, if the sentencing court imposing a sentence upon	7122
an offender for a misdemeanor elects or is required to impose a	7123
jail term on the offender pursuant to this chapter, the court	7124
shall impose a definite jail term that shall be one of the	7125
following:	7126

(1) For a misdemeanor of the first degree, not more than one	7127
hundred eighty days;	7128

(2) For a misdemeanor of the second degree, not more than	7129
ninety days;	7130

(3) For a misdemeanor of the third degree, not more than	7131
sixty days;	7132

(4) For a misdemeanor of the fourth degree, not more than	7133
thirty days.	7134

(B) A court that sentences an offender to a jail term under	7135
this section may permit the offender to serve the sentence in	7136
intermittent confinement or may authorize a limited release of the	7137
offender as provided in division (B) of section 2929.26 of the	7138
Revised Code.	7139

(C) If a court sentences an offender to a jail term under	7140
this section and the court assigns the offender to a county jail	7141
that has established a county jail industry program pursuant to	7142
section 5147.30 of the Revised Code, the court shall specify, as	7143
part of the sentence, whether the offender may be considered for	7144
participation in the program. During the offender's term in the	7145
county jail, the court retains jurisdiction to modify its	7146
specification regarding the offender's participation in the county	7147
jail industry program.	7148

Sec. 2929.25.  (A)(1) In sentencing an offender for a	7149
misdemeanor, other than a minor misdemeanor, the sentencing court	7150
may do either of the following:	7151

(a) Directly impose a sentence that consists of one or more	7152
community control sanctions authorized by section 2929.26,	7153
2929.27, or 2929.28 of the Revised Code. The court may impose any	7154
other conditions of release under a community control sanction	7155
that the court considers appropriate, including, but not limited	7156
to, requiring that the offender not ingest or be injected with a	7157
drug of abuse and submit to random drug testing and requiring that	7158
the results of the drug test indicate that the offender did not	7159
ingest or was not injected with a drug of abuse. If the court	7160
imposes a jail term upon the offender, the court may impose any	7161
community control sanction or combination of community control	7162
sanctions in addition to the jail term.	7163

(b) Impose a jail term from the range of jail terms	7164
authorized for the offense under section 2929.24 of the Revised	7165
Code, suspend all or a portion of the jail term imposed, and place	7166
the offender under a community control sanction or combination of	7167
community control sanctions authorized under section 2929.26,	7168
2929.27, or 2929.28 of the Revised Code.	7169

(2) The duration of all community control sanctions imposed	7170
upon an offender and in effect for an offender at any time shall	7171
not exceed five years.	7172

(3) At sentencing, if a court directly imposes a community	7173
control sanction or combination of community control sanctions	7174
pursuant to division (A)(1)(a) of this section, the court shall	7175
state the duration of the community control sanctions imposed and	7176
shall notify the offender that if any of the conditions of the	7177
community control sanctions are violated the court may do any of	7178
the following:	7179

(a) Impose a longer time under the same community control	7180
sanction if the total time under all of the offender's community	7181
control sanctions does not exceed the five-year limit specified in	7182
division (A)(2) of this section;	7183

(b) Impose a more restrictive community control sanction	7184
under section 2929.26, 2929.27, or 2929.28 of the Revised Code,	7185
but the court is not required to impose any particular sanction or	7186
sanctions;	7187

(c) Impose a definite jail term from the range of jail terms	7188
authorized for the offense under section 2929.24 of the Revised	7189
Code.	7190

(B)(1) If a court sentences an offender to any community	7191
control sanction or combination of community control sanctions	7192
authorized under section 2929.26, 2929.27, or 2929.28 of the	7193
Revised Code, the court shall place the offender under the general	7194
control and supervision of the court or of a department of	7195
probation in the jurisdiction that serves the court for purposes	7196
of reporting to the court a violation of any of the conditions of	7197
the sanctions imposed. If the offender resides in another	7198
jurisdiction and a department of probation has been established to	7199
serve the municipal court or county court in that jurisdiction,	7200
the sentencing court may request the municipal court or the county	7201
court to receive the offender into the general control and	7202
supervision of that department of probation for purposes of	7203
reporting to the sentencing court a violation of any of the	7204
conditions of the sanctions imposed. The sentencing court retains	7205
jurisdiction over any offender whom it sentences for the duration	7206
of the sanction or sanctions imposed.	7207

(2) The sentencing court shall require as a condition of any	7208
community control sanction that the offender abide by the law and	7209
not leave the state without the permission of the court or the	7210
offender's probation officer. In the interests of doing justice,	7211
rehabilitating the offender, and ensuring the offender's good	7212
behavior, the court may impose additional requirements on the	7213
offender. The offender's compliance with the additional	7214
requirements also shall be a condition of the community control	7215
sanction imposed upon the offender.	7216

(C)(1) If the court imposing sentence upon an offender	7217
sentences the offender to any community control sanction or	7218
combination of community control sanctions authorized under	7219
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if	7220
the offender violates any of the conditions of the sanctions, the	7221
public or private person or entity that supervises or administers	7222
the program or activity that comprises the sanction shall report	7223
the violation directly to the sentencing court or to the	7224
department of probation or probation officer with general control	7225
and supervision over the offender. If the public or private	7226
person or entity reports the violation to the department of	7227
probation or probation officer, the department or officer shall	7228
report the violation to the sentencing court.	7229

(2) If an offender violates any condition of a community	7230
control sanction, the sentencing court may impose upon the	7231
violator a longer time under the same community control sanction	7232
if the total time under all of the community control sanctions	7233
imposed on the violator does not exceed the five-year limit	7234
specified in division (A)(2) of this section or may impose on the	7235
violator a more restrictive community control sanction or	7236
combination of community control sanctions, including a jail term.	7237
If the court imposes a jail term upon a violator pursuant to this	7238
division, the total time spent in jail for the misdemeanor offense	7239
and the violation of a condition of the community control sanction	7240
shall not exceed the maximum jail term available for the offense	7241
for which the sanction that was violated was imposed. The court	7242
may reduce the longer period of time that the violator is required	7243
to spend under the longer sanction or the more restrictive	7244
sanction by all or part of the time the violator successfully	7245
spent under the sanction that was initially imposed.	7246

(D) Except as otherwise provided in this division, if an	7247
offender, for a significant period of time, fulfills the	7248
conditions of a community control sanction imposed pursuant to	7249
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an	7250
exemplary manner, the court may reduce the period of time under	7251
the community control sanction or impose a less restrictive	7252
community control sanction. Fulfilling the conditions of a	7253
community control sanction does not relieve the offender of a duty	7254
to make restitution under section 2929.28 of the Revised Code.	7255

Sec. 2929.26.  (A) Except as otherwise provided in sections	7256
2929.21 to 2929.28 of the Revised Code, the court imposing a	7257
sentence for a misdemeanor, other than a minor misdemeanor, may	7258
impose any community residential sanction or combination of	7259
community residential sanctions under this section. Community	7260
residential sanctions include, but are not limited to, the	7261
following:	7262

(1) A term of up to one hundred eighty days in a halfway	7263
house or a term in a halfway house not to exceed the longest jail	7264
term available for the offense, whichever is shorter;	7265

(2) A term of up to one hundred eighty days in an	7266
alternative residential facility or a term in an alternative	7267
residential facility not to exceed the longest jail term available	7268
for the offense, whichever is shorter. The court may specify the	7269
level of security in the alternative residential facility that is	7270
needed for the offender.	7271

(B) The court that sentences an offender to a community	7272
residential sanction under this section may do either or both of	7273
the following:	7274

(1) Permit the offender to serve the offender's sentence in	7275
intermittent confinement, overnight, on weekends or at any other	7276
time or times that will allow the offender to continue at the	7277
offender's occupation or care for the offender's family;	7278

(2) Authorize the offender to be released so that the	7279
offender may seek or maintain employment, receive education or	7280
training, receive treatment, perform community service, or	7281
otherwise fulfill an obligation imposed by law or by the court. A	7282
release pursuant to this division shall be only for the duration	7283
of time that is needed to fulfill the purpose of the release and	7284
for travel that reasonably is necessary to fulfill the purposes of	7285
the release.	7286

(C) The court may order that a reasonable portion of the	7287
income earned by the offender upon a release pursuant to division	7288
(B) of this section be applied to any financial sanction imposed	7289
under section 2929.28 of the Revised Code.	7290

(D) No court shall sentence any person to a prison term for	7291
a misdemeanor or minor misdemeanor.	7292

(E) If a court sentences a person who has been convicted of	7293
or pleaded guilty to a misdemeanor to a community residential	7294
sanction as described in division (A) of this section, at the time	7295
of reception and at other times the person in charge of the	7296
operation of the halfway house, alternative residential facility,	7297
or other place at which the offender will serve the residential	7298
sanction determines to be appropriate, the person in charge of the	7299
operation of the halfway house, alternative residential facility,	7300
or other place may cause the convicted offender to be examined and	7301
tested for tuberculosis, HIV infection, hepatitis, including, but	7302
not limited to, hepatitis A, B, and C, and other contagious	7303
diseases. The person in charge of the operation of the halfway	7304
house, alternative residential facility, or other place at which	7305
the offender will serve the residential sanction may cause a	7306
convicted offender in the halfway house, alternative residential	7307
facility, or other place who refuses to be tested or treated for	7308
tuberculosis, HIV infection, hepatitis, including, but not limited	7309
to, hepatitis A, B, and C, or another contagious disease to be	7310
tested and treated involuntarily.	7311

Sec. 2929.27.  (A) Except when a mandatory jail term is	7312
required by law, the court imposing a sentence for a misdemeanor,	7313
other than a minor misdemeanor, may impose any nonresidential	7314
sanction or combination of nonresidential sanctions authorized	7315
under this division. Nonresidential sanctions include, but are	7316
not limited to, the following:	7317

(1) A term of day reporting;

7318

(2) A term of house arrest with electronic monitoring, a	7319
term of electronic monitoring without house arrest, or a term of	7320
house arrest without electronic monitoring;	7321

(3) A term of community service of up to five hundred hours	7322
for a misdemeanor of the first degree or two hundred hours for a	7323
misdemeanor of the second, third, or fourth degree;	7324

(4) A term in a drug treatment program with a level of	7325
security for the offender as determined necessary by the court;	7326

(5) A term of intensive probation supervision;

7327

(6) A term of basic probation supervision;

7328

(7) A term of monitored time;

7329

(8) A term of drug and alcohol use monitoring, including	7330
random drug testing;	7331

(9) A curfew term;

7332

(10) A requirement that the offender obtain employment;

7333

(11) A requirement that the offender obtain education or	7334
training;	7335

(12) Provided the court obtains the prior approval of the	7336
victim, a requirement that the offender participate in	7337
victim-offender mediation;	7338

(13) If authorized by law, suspension of the offender's	7339
privilege to operate a motor vehicle, immobilization or forfeiture	7340
of the offender's motor vehicle, a requirement that the offender	7341
obtain a valid motor vehicle operator's license, or any other	7342
related sanction;	7343

(14) A requirement that the offender obtain counseling if the	7344
offense is a violation of section 2919.25 or a violation of	7345
section 2903.13 of the Revised Code involving a person who was a	7346
family or household member at the time of the violation, if the	7347
offender committed the offense in the vicinity of one or more	7348
children who are not victims of the offense, and if the offender	7349
or the victim of the offense is a parent, guardian, custodian, or	7350
person in loco parentis of one or more of those children. This	7351
division does not limit the court in requiring that the offender	7352
obtain counseling for any offense or in any circumstance not	7353
specified in this division.	7354

(B) In addition to the sanctions authorized under division	7355
(A) of this section, the court imposing a sentence for a	7356
misdemeanor, other than a minor misdemeanor, upon an offender who	7357
is not required to serve a mandatory jail term may impose any	7358
other sanction that is intended to discourage the offender or	7359
other persons from committing a similar offense if the sanction is	7360
reasonably related to the overriding purposes and principles of	7361
misdemeanor sentencing.	7362

(C) The court imposing a sentence for a minor misdemeanor	7363
may impose a term of community service in lieu of all or part of a	7364
fine. The term of community service imposed for a minor	7365
misdemeanor shall not exceed thirty hours.	7366

Sec. 2929.28.  (A) The court imposing a sentence upon an	7367
offender for a misdemeanor, including a minor misdemeanor, may	7368
sentence the offender to any financial sanction or combination of	7369
financial sanctions authorized under this section. Financial	7370
sanctions that may be imposed pursuant to this section include,	7371
but are not limited to, the following:	7372

(1) Restitution by the offender to the victim of the	7373
offender's crime or any survivor of the victim, in an amount based	7374
on the victim's economic loss. The court shall order that the	7375
restitution be made to the victim in open court or to the adult	7376
probation department that serves the jurisdiction or the clerk of	7377
the court on behalf of the victim. The order may include a	7378
requirement that reimbursement be made to third parties, other	7379
than the offender's insurer, for amounts paid to the victim or any	7380
survivor of the victim for economic loss resulting from the	7381
offense. If reimbursement to third parties is required, the	7382
offender shall make the reimbursement to any governmental agency	7383
to repay any amounts paid by the agency to the victim or survivor	7384
before the offender makes any reimbursement to any other person.	7385

The court shall determine, or order to be determined, the	7386
amount of restitution to be paid by the offender. The court may	7387
base the amount of restitution it orders on an amount recommended	7388
by the victim, the offender, a presentence investigation report,	7389
estimates or receipts indicating the cost of repairing or	7390
replacing property, and other information. The court shall hold a	7391
hearing on restitution if the offender, victim, or survivor	7392
disputes the amount of restitution.	7393

All restitution payments shall be credited against any	7394
recovery of economic loss in a civil action brought by the victim	7395
or any survivor of the victim against the offender.	7396

The court may order that the offender pay a surcharge, of not	7397
more than five per cent of the amount of the restitution otherwise	7398
ordered, to the entity responsible for collecting and processing	7399
restitution payments.	7400

The victim or survivor may request that the prosecuting	7401
attorney file a motion, or the offender may file a motion, for	7402
modification of the payment terms of any restitution ordered based	7403
on a substantial change in the offender's ability to pay.	7404

(2) A fine of the type described in divisions (A)(2)(a) and	7405
(b) of this section payable to the appropriate entity as required	7406
by law:	7407

(a) A conventional fine in the following amount:

7408

(i) For a misdemeanor of the first degree, not more than one	7409
thousand dollars;	7410

(ii) For a misdemeanor of the second degree, not more than	7411
seven hundred fifty dollars;	7412

(iii) For a misdemeanor of the third degree, not more than	7413
five hundred dollars;	7414

(iv) For a misdemeanor of the fourth degree, not more than	7415
two hundred fifty dollars;	7416

(v) For a minor misdemeanor, not more than one hundred fifty	7417
dollars.	7418

(b) A state fine or cost as defined in section 2949.111 of	7419
the Revised Code.	7420

(3)(a) Reimbursement by the offender of any or all of the	7421
costs of sanctions incurred by the government, including, but not	7422
limited to, the following:	7423

(i) All or part of the costs of implementing any community	7424
control sanction, including a supervision fee under section	7425
2951.021 of the Revised Code;	7426

(ii) All or part of the costs of confinement in a jail or	7427
other residential facility, including, but not limited to, a per	7428
diem fee for room and board, the costs of medical and dental	7429
treatment, and the costs of repairing property damaged by the	7430
offender while confined.	7431

(b) The amount of reimbursement ordered under division	7432
(A)(3)(a) of this section shall not exceed the total amount of	7433
reimbursement the offender is able to pay and shall not exceed the	7434
actual cost of the sanctions. The court may collect any amount of	7435
reimbursement the offender is required to pay under that division.	7436
If the court does not order reimbursement under that division,	7437
confinement costs may be assessed pursuant to a repayment policy	7438
adopted under any section of the Revised Code that authorizes the	7439
adoption of a repayment policy.	7440

(4) Court costs.

7441

(B) If the court determines a hearing is necessary, the	7442
court may hold a hearing to determine whether the offender is able	7443
to pay the sanction imposed pursuant to this section or is likely	7444
in the future to be able to pay it.	7445

If the court determines that the offender is indigent and	7446
unable to pay the sanction, the court shall consider imposing and	7447
may impose a term of community service under division (A) of	7448
section 2929.27 of the Revised Code in lieu of imposing a	7449
financial sanction. If the court does not determine that the	7450
offender is indigent, the court may impose a term of community	7451
service under division (A) of section 2929.27 of the Revised Code	7452
in lieu of or in addition to imposing a financial sanction under	7453
this section. The court may order community service for a minor	7454
misdemeanor pursuant to division (C) of section 2929.27 of the	7455
Revised Code in lieu of or in addition to imposing a financial	7456
sanction under this section. If a person fails to pay a financial	7457
sanction, the court may order community service in lieu of the	7458
financial sanction.	7459

(C)(1) The offender shall pay reimbursements imposed upon	7460
the offender pursuant to division (A)(3) of this section to pay	7461
the costs incurred by a county pursuant to any sanction imposed	7462
under this section or section 2929.26 or 2929.27 of the Revised	7463
Code or in operating a facility used to confine offenders pursuant	7464
to a sanction imposed under section 2929.26 of the Revised Code to	7465
the county treasurer. The county treasurer shall deposit the	7466
reimbursements in the sanction cost reimbursement fund that each	7467
board of county commissioners shall create in its county treasury.	7468
The county shall use the amounts deposited in the fund to pay the	7469
costs incurred by the county pursuant to any sanction imposed	7470
under this section or section 2929.26 or 2929.27 of the Revised	7471
Code or in operating a facility used to confine offenders pursuant	7472
to a sanction imposed under section 2929.26 of the Revised Code.	7473

(2) The offender shall pay reimbursements imposed upon the	7474
offender pursuant to division (A)(3) of this section to pay the	7475
costs incurred by a municipal corporation pursuant to any sanction	7476
imposed under this section or section 2929.26 or 2929.27 of the	7477
Revised Code or in operating a facility used to confine offenders	7478
pursuant to a sanction imposed under section 2929.26 of the	7479
Revised Code to the treasurer of the municipal corporation. The	7480
treasurer shall deposit the reimbursements in a special fund that	7481
shall be established in the treasury of each municipal	7482
corporation. The municipal corporation shall use the amounts	7483
deposited in the fund to pay the costs incurred by the municipal	7484
corporation pursuant to any sanction imposed under this section or	7485
section 2929.26 or 2929.27 of the Revised Code or in operating a	7486
facility used to confine offenders pursuant to a sanction imposed	7487
under section 2929.26 of the Revised Code.	7488

(3) The offender shall pay reimbursements imposed pursuant	7489
to division (A)(3) of this section for the costs incurred by a	7490
private provider pursuant to a sanction imposed under this section	7491
or section 2929.26 or 2929.27 of the Revised Code to the provider.	7492

(D) Except as otherwise provided in this division, a	7493
financial sanction imposed under division (A) of this section is a	7494
judgment in favor of the state or the political subdivision that	7495
operates the court that imposed the financial sanction. A	7496
financial sanction of reimbursement imposed pursuant to division	7497
(A)(3)(a)(i) of this section upon an offender is a judgment in	7498
favor of the entity administering the community control sanction.	7499
A financial sanction of reimbursement imposed pursuant to division	7500
(A)(3)(a)(ii) of this section upon an offender confined in a jail	7501
or other residential facility is a judgment in favor of the entity	7502
operating the jail or other residential facility. A financial	7503
sanction of restitution imposed pursuant to division (A)(1) of	7504
this section is a judgment in favor of the victim of the	7505
offender's criminal act. The offender subject to the financial	7506
sanction is the judgment debtor.	7507

Once the financial sanction is imposed as a judgment, the	7508
victim, private provider, state, or political subdivision may	7509
bring an action to do any of the following:	7510

(1) Obtain execution of the judgment through any available	7511
procedure, including:	7512

(a) An execution against the property of the judgment debtor	7513
under Chapter 2329. of the Revised Code;	7514

(b) An execution against the person of the judgment debtor	7515
under Chapter 2331. of the Revised Code;	7516

(c) A proceeding in aid of execution under Chapter 2333. of	7517
the Revised Code, including any of the following:	7518

(i) A proceeding for the examination of the judgment debtor	7519
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	7520
of the Revised Code;	7521

(ii) A proceeding for attachment of the person of the	7522
judgment debtor under section 2333.28 of the Revised Code;	7523

(iii) A creditor's suit under section 2333.01 of the Revised	7524
Code.	7525

(d) The attachment of the property of the judgment debtor	7526
under Chapter 2715. of the Revised Code;	7527

(e) The garnishment of the property of the judgment debtor	7528
under Chapter 2716. of the Revised Code.	7529

(2) Obtain an order for the assignment of wages of the	7530
judgment debtor under section 1321.33 of the Revised Code.	7531

(E) The civil remedies authorized under division (D) of this	7532
section for the collection of the financial sanction supplement,	7533
but do not preclude, enforcement of the criminal sentence.	7534

(F) Each court imposing a financial sanction upon an	7535
offender under this section may designate the clerk of the court	7536
or another person to collect the financial sanction. The clerk,	7537
or another person authorized by law or the court to collect the	7538
financial sanction may do the following:	7539

(1) Enter into contracts with one or more public agencies or	7540
private vendors for the collection of amounts due under the	7541
sanction. Before entering into a contract for the collection of	7542
amounts due from an offender pursuant to any financial sanction	7543
imposed pursuant to this section, a court shall comply with	7544
sections 307.86 to 307.92 of the Revised Code.	7545

(2) Permit payment of all or any portion of the sanction in	7546
installments, by credit or debit card, by another electronic	7547
transfer, or by any other reasonable method, in any time, and on	7548
any terms that court considers just, except that the maximum time	7549
permitted for payment shall not exceed five years. The clerk may	7550
pay any fee associated with processing an electronic transfer out	7551
of public money or may charge the fee to the offender.	7552

(3) To defray administrative costs, charge a reasonable fee	7553
to an offender who elects a payment plan rather than a lump sum	7554
payment of any financial sanction.	7555

(G) No financial sanction imposed under this section shall	7556
preclude a victim from bringing a civil action against the	7557
offender.	7558

Sec. 2929.31.  (A) Regardless of the penalties provided in	7559
sections 2929.02, 2929.14 to 2929.18, and 2929.212929.24to	7560
2929.28 of the Revised Code, an organization convicted of an	7561
offense pursuant to section 2901.23 of the Revised Code shall be	7562
fined in accordance with this section. The court shall fix the	7563
fine as follows:	7564

(1) For aggravated murder, not more than one hundred	7565
thousand dollars;	7566

(2) For murder, not more than fifty thousand dollars;

7567

(3) For a felony of the first degree, not more than	7568
twenty-five thousand dollars;	7569

(4) For a felony of the second degree, not more than twenty	7570
thousand dollars;	7571

(5) For a felony of the third degree, not more than fifteen	7572
thousand dollars;	7573

(6) For a felony of the fourth degree, not more than ten	7574
thousand dollars;	7575

(7) For a felony of the fifth degree, not more than	7576
seventy-five hundred dollars;	7577

(8) For a misdemeanor of the first degree, not more than	7578
five thousand dollars;	7579

(9) For a misdemeanor of the second degree, not more than	7580
four thousand dollars;	7581

(10) For a misdemeanor of the third degree, not more than	7582
three thousand dollars;	7583

(11) For a misdemeanor of the fourth degree, not more than	7584
two thousand dollars;	7585

(12) For a minor misdemeanor, not more than one thousand	7586
dollars;	7587

(13) For a felony not specifically classified, not more than	7588
ten thousand dollars;	7589

(14) For a misdemeanor not specifically classified, not more	7590
than two thousand dollars;	7591

(15) For a minor misdemeanor not specifically classified,	7592
not more than one thousand dollars.	7593

(B) When an organization is convicted of an offense that is	7594
not specifically classified, and the section defining the offense	7595
or penalty plainly indicates a purpose to impose the penalty	7596
provided for violation upon organizations, then the penalty so	7597
provided shall be imposed in lieu of the penalty provided in this	7598
section.	7599

(C) When an organization is convicted of an offense that is	7600
not specifically classified, and the penalty provided includes a	7601
higher fine than the fine that is provided in this section, then	7602
the penalty imposed shall be pursuant to the penalty provided for	7603
the violation of the section defining the offense.	7604

(D) This section does not prevent the imposition of	7605
available civil sanctions against an organization convicted of an	7606
offense pursuant to section 2901.23 of the Revised Code, either in	7607
addition to or in lieu of a fine imposed pursuant to this section.	7608

Sec. 2929.25.        Sec. 2929.32.  (A)(1) Subject to division (A)(2) of	7609
this section, notwithstanding the fines prescribed in section	7610
2929.02 of the Revised Code for a person who is convicted of or	7611
pleads guilty to aggravated murder or murder, the fines prescribed	7612
in section 2929.18 of the Revised Code for a person who is	7613
convicted of or pleads guilty to a felony, the fines prescribed in	7614
section 2929.212929.28 of the Revised Code for a person who is	7615
convicted of or pleads guilty to a misdemeanor, the fines	7616
prescribed in section 2929.31 of the Revised Code for an	7617
organization that is convicted of or pleads guilty to an offense,	7618
and the fines prescribed in any other section of the Revised Code	7619
for a person who is convicted of or pleads guilty to an offense, a	7620
sentencing court may impose upon the offender a fine of not more	7621
than one million dollars if any of the following applies to the	7622
offense and the offender:	7623

(a) There are three or more victims, as defined in section	7624
2969.11 of the Revised Code, of the offense for which the offender	7625
is being sentenced.	7626

(b) The offender previously has been convicted of or pleaded	7627
guilty to one or more offenses, and, for the offense for which the	7628
offender is being sentenced and all of the other offenses, there	7629
is a total of three or more victims, as defined in section 2969.11	7630
of the Revised Code.	7631

(c) The offense for which the offender is being sentenced is	7632
aggravated murder, murder, or a felony of the first degree that,	7633
if it had been committed prior to July 1, 1996, would have been an	7634
aggravated felony of the first degree.	7635

(2) If the offense in question is a first, second, or third	7636
degree felony violation of any provision of Chapter 2925., 3719.,	7637
or 4729. of the Revised Code, the court shall impose upon the	7638
offender the mandatory fine described in division (B) of section	7639
2929.18 of the Revised Code, and, in addition, may impose a fine	7640
under division (A)(1) of this section, provided that the total of	7641
the mandatory fine and the fine imposed under division (A)(1) of	7642
this section shall not exceed one million dollars. The mandatory	7643
fine shall be paid as described in division (D) of section 2929.18	7644
of the Revised Code, and the fine imposed under division (A)(1) of	7645
this section shall be deposited pursuant to division (B) of this	7646
section.	7647

(B) If a sentencing court imposes a fine upon an offender	7648
pursuant to division (A)(1) of this section, all moneys paid in	7649
satisfaction of the fine or collected pursuant to division (C)(1)	7650
of this section in satisfaction of the fine shall be deposited	7651
into the crime victims recovery fund created by division (D) of	7652
this section and shall be distributed as described in that	7653
division.	7654

(C)(1) Subject to division (C)(2) of this section,	7655
notwithstanding any contrary provision of any section of the	7656
Revised Code, if a sentencing court imposes a fine upon an	7657
offender pursuant to division (A)(1) of this section or pursuant	7658
to another section of the Revised Code, the fine shall be a	7659
judgment against the offender in favor of the state, and both of	7660
the following apply to that judgment:	7661

(a) The state may collect the judgment by garnishing,	7662
attaching, or otherwise executing against any income, profits, or	7663
other real or personal property in which the offender has any	7664
right, title, or interest, including property acquired after the	7665
imposition of the fine, in the same manner as if the judgment had	7666
been rendered against the offender and in favor of the state in a	7667
civil action. If the fine is imposed pursuant to division (A)(1)	7668
of this section, the moneys collected as a result of the	7669
garnishment, attachment, or other execution shall be deposited and	7670
distributed as described in divisions (B) and (D) of this section.	7671
If the fine is not imposed pursuant to division (A)(1) of this	7672
section, the moneys collected as a result of the garnishment,	7673
attachment, or other execution shall be distributed as otherwise	7674
provided by law for the distribution of money paid in satisfaction	7675
of a fine.	7676

(b) The provisions of Chapter 2329. of the Revised Code	7677
relative to the establishment of court judgments and decrees as	7678
liens and to the enforcement of those liens apply to the judgment.	7679

(2) Division (C)(1) of this section does not apply to any	7680
financial sanction imposed pursuant to section 2929.18 of the	7681
Revised Code upon a person who is convicted of or pleads guilty to	7682
a felony.	7683

(D) There is hereby created in the state treasury the crime	7684
victims recovery fund. If a sentencing court imposes a fine upon	7685
an offender pursuant to division (A)(1) of this section, all	7686
moneys paid in satisfaction of the fine and all moneys collected	7687
in satisfaction of the fine pursuant to division (C)(1) of this	7688
section shall be deposited into the fund. The fund shall be	7689
administered and the moneys in it shall be distributed in	7690
accordance with sections 2969.11 to 2969.14 of the Revised Code.	7691

Sec. 2929.221.        Sec. 2929.36.  (A) A person who is convicted of or	7692
pleads guilty to aggravated murder, murder, or an offense	7693
punishable by life imprisonment and who is sentenced to a term of	7694
imprisonment pursuant to that conviction shall serve that term of	7695
imprisonment in an institution under the control of the department	7696
of rehabilitation and correction.	7697

(B)(1) A person who is convicted of or pleads guilty to a	7698
felony other than aggravated murder, murder, or an offense	7699
punishable by life imprisonment and who is sentenced to a term of	7700
imprisonment pursuant to that conviction shall serve that term of	7701
imprisonment as follows:	7702

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	7703
section, in an institution under the control of the department of	7704
rehabilitation and correction if the term of imprisonment is a	7705
prison term or shall serve it as otherwise determined by the	7706
sentencing court pursuant to section 2929.16 of the Revised Code	7707
if the term is not a prison term;	7708

(b) In a facility of a type described in division (G)(1) of	7709
section 2929.13 of the Revised Code, if the offender is sentenced	7710
pursuant to that division.	7711

(2) If the term of imprisonment is a prison term, the person	7712
may be imprisoned in a jail that is not a minimum security	7713
misdemeanant jail pursuant to agreement under section 5120.161 of	7714
the Revised Code between the department of rehabilitation and	7715
correction and the local authority that operates the jail.	7716

(C) A person who is convicted of or pleads guilty to one or	7717
more misdemeanors and who is sentenced to a jail term of	7718
imprisonment pursuant to the conviction or convictions shall serve	7719
that jail term of imprisonment in a county, multicounty,	7720
municipal, municipal-county, or multicounty-municipal jail or	7721
workhouse or, if the misdemeanor or misdemeanors are not offenses	7722
of violence, in a minimum security misdemeanant jail.	7723

(D) Nothing in this section prohibits the commitment,	7724
referral, or sentencing of a person who is convicted of or pleads	7725
guilty to a felony to a community-based correctional facility and	7726
program or district community-based correctional facility and	7727
program in accordance with sections 2301.51 to 2301.56 of the	7728
Revised Code.	7729

Sec. 2929.24.        Sec. 2929.42.  (A) The prosecutor in any case	7730
against any person licensed, certified, registered, or otherwise	7731
authorized to practice under Chapter 3719., 4715., 4723., 4729.,	7732
4730., 4731., 4734., or 4741. of the Revised Code shall notify the	7733
appropriate licensing board, on forms provided by the board, of	7734
any of the following regarding the person:	7735

(1) A plea of guilty to, or a conviction of, a felony, or a	7736
court order dismissing a felony charge on technical or procedural	7737
grounds;	7738

(2) A plea of guilty to, or a conviction of, a misdemeanor	7739
committed in the course of practice or in the course of business,	7740
or a court order dismissing such a misdemeanor charge on technical	7741
or procedural grounds;	7742

(3) A plea of guilty to, or a conviction of, a misdemeanor	7743
involving moral turpitude, or a court order dismissing such a	7744
charge on technical or procedural grounds.	7745

(B) The report required by division (A) of this section	7746
shall include the name and address of the person, the nature of	7747
the offense, and certified copies of court entries in the action.	7748

Sec. 2929.29.        Sec. 2929.43.  (A) As used in this section:

7749

(1) "Peace officer" has the same meaning as in section 109.71	7750
of the Revised Code.	7751

(2) "Felony" has the same meaning as in section 109.511 of	7752
the Revised Code.	7753

(B)(1) Prior to accepting a plea of guilty to an indictment,	7754
information, or complaint charging a felony, the court shall	7755
determine whether the defendant is a peace officer. If the court	7756
determines that the defendant is a peace officer, it shall address	7757
the defendant personally and provide the following advisement to	7758
the defendant that shall be entered in the record of the court.	7759

"You are hereby advised that conviction of the felony offense	7760
to which you are pleading guilty will result in the termination of	7761
your employment as a peace officer and in your decertification as	7762
a peace officer pursuant to the laws of Ohio."	7763

Upon the request of the defendant, the court shall allow the	7764
defendant additional time to consider the appropriateness of the	7765
plea of guilty in light of the advisement described in division	7766
(B)(1) of this section.	7767

The court shall not accept a plea of guilty of a defendant	7768
who is a peace officer unless, in addition to any other procedures	7769
required under the Rules of Criminal Procedure, the court	7770
determines that the defendant voluntarily and intelligently enters	7771
that plea after being given the advisement described in division	7772
(B)(1) of this section.	7773

(2) After accepting under division (B)(1) of this section a	7774
plea of guilty to an indictment, information, or complaint	7775
charging a felony, the court shall provide to the clerk of the	7776
court of common pleas a written notice of the plea of guilty of	7777
the defendant peace officer, the name and address of the peace	7778
officer, the law enforcement agency or other governmental entity	7779
that employs the peace officer and its address, the date of the	7780
plea, the nature of the felony offense, and certified copies of	7781
court entries in the action. Upon receiving the written notice	7782
required by division (B)(2) of this section, the clerk of the	7783
court of common pleas shall transmit to the employer of the peace	7784
officer and to the Ohio peace officer training council a report	7785
that includes the information contained in the written notice and	7786
the certified copies of the court entries in the action.	7787

(C)(1) Upon the conviction of a defendant, after trial, of a	7788
felony, the trial judge shall determine whether the defendant is a	7789
peace officer. If the judge determines that the defendant is a	7790
peace officer or if the defendant states on the record that the	7791
defendant is a peace officer, the judge shall provide to the clerk	7792
of the court of common pleas a written notice of the conviction of	7793
the defendant peace officer, the name and address of the peace	7794
officer, the law enforcement agency or other governmental entity	7795
that employs the peace officer and its address, the date of the	7796
conviction, the nature of the felony offense, and certified copies	7797
of court entries in the action. Upon receiving the written notice	7798
required by division (C)(1) of this section, the clerk of the	7799
court of common pleas shall transmit to the employer of the peace	7800
officer and to the Ohio peace officer training council a report	7801
that includes the information contained in the written notice and	7802
the certified copies of the court entries in the action.	7803

(2) Upon the conclusion of the final appeal of a defendant	7804
who is a peace officer and who has been convicted of a felony,	7805
upon expiration of the time period within which that peace officer	7806
may appeal the conviction if no appeal is taken, or otherwise upon	7807
the final disposition of the criminal action against that peace	7808
officer, the trial judge shall provide to the clerk of the court	7809
of common pleas a written notice of the final disposition of the	7810
action that shall include, as appropriate, notice of the final	7811
conviction of the peace officer of the felony, the acquittal of	7812
the peace officer of the felony, the conviction of the peace	7813
officer of a misdemeanor, or the dismissal of the felony charge	7814
against the peace officer. The judge also shall provide to the	7815
clerk of the court of common pleas certified copies of the court	7816
entries in the action. Upon receiving the written notice required	7817
by division (C)(2) of this section, the clerk of the court of	7818
common pleas shall transmit to the employer of the peace officer	7819
and to the Ohio peace officer training council a report that	7820
includes the information contained in the written notice and the	7821
certified copies of the court entries in the action.	7822

(D) If pursuant to a negotiated plea agreement between a	7823
prosecuting attorney and a defendant who is a peace officer and	7824
who is charged with a felony, in which the defendant agrees to	7825
enter a plea of guilty to a misdemeanor and to surrender the	7826
certificate awarded to the defendant under section 109.77 of the	7827
Revised Code, the trial judge issues an order to the defendant to	7828
surrender that certificate, the trial judge shall provide to the	7829
clerk of the court a written notice of the order, the name and	7830
address of the peace officer, the law enforcement agency or other	7831
governmental entity that employs the peace officer and its	7832
address, the date of the plea, the nature of the misdemeanor to	7833
which the peace officer pleaded guilty, and certified copies of	7834
court entries in the action. Upon receiving the written notice	7835
required by this division, the clerk of the court shall transmit	7836
to the employer of the peace officer and to the executive director	7837
of the Ohio peace officer training council a report that includes	7838
the information contained in the written notice and the certified	7839
copies of the court entries in the action.	7840

Sec. 2929.28.        Sec. 2929.71.  (A) As used in this section:

7841

(1) "Agency" means any law enforcement agency, other public	7842
agency, or public official involved in the investigation or	7843
prosecution of the offender or in the investigation of the fire or	7844
explosion in an aggravated arson, arson, or criminal damaging or	7845
endangering case. An "agency" includes, but is not limited to, a	7846
sheriff's office, a municipal corporation, township, or township	7847
police district police department, the office of a prosecuting	7848
attorney, city director of law, village solicitor, or similar	7849
chief legal officer of a municipal corporation, the fire marshal's	7850
office, a municipal corporation, township, or township fire	7851
district fire department, the office of a fire prevention officer,	7852
and any state, county, or municipal corporation crime laboratory.	7853

(2) "Assets" includes all forms of real or personal property.

7854

(3) "Itemized statement" means the statement of costs	7855
described in division (B) of this section.	7856

(4) "Offender" means the person who has been convicted of or	7857
pleaded guilty to committing, attempting to commit, or complicity	7858
in committing a violation of section 2909.02 or 2909.03 of the	7859
Revised Code, or, when the means used are fire or explosion,	7860
division (A)(2) of section 2909.06 of the Revised Code.	7861

(5) "Costs" means the reasonable value of the time spent by	7862
an officer or employee of an agency on the aggravated arson,	7863
arson, or criminal damaging or endangering case, any moneys spent	7864
by the agency on that case, and the reasonable fair market value	7865
of resources used or expended by the agency on that case.	7866

(B) Prior to the sentencing of an offender, the court shall	7867
enter an order that directs agencies that wish to be reimbursed by	7868
the offender for the costs they incurred in the investigation or	7869
prosecution of the offender or in the investigation of the fire or	7870
explosion involved in the case, to file with the court within a	7871
specified time an itemized statement of those costs. The order	7872
also shall require that a copy of the itemized statement be given	7873
to the offender or hisoffender's attorney within the specified	7874
time. Only itemized statements so filed and given shall be	7875
considered at the hearing described in division (C) of this	7876
section.	7877

(C) The court shall set a date for a hearing on all the	7878
itemized statements filed with it and given to the offender or his	7879
the offender's attorney in accordance with division (B) of this	7880
section. The hearing shall be held prior to the sentencing of the	7881
offender, but may be held on the same day as histhe sentencing.	7882
Notice of the hearing date shall be given to the offender or his	7883
the offender's attorney and to the agencies whose itemized	7884
statements are involved. At the hearing, each agency has the	7885
burden of establishing by a preponderance of the evidence that the	7886
costs set forth in its itemized statement were incurred in the	7887
investigation or prosecution of the offender or in the	7888
investigation of the fire or explosion involved in the case, and	7889
of establishing by a preponderance of the evidence that the	7890
offender has assets available for the reimbursement of all or a	7891
portion of the costs.	7892

The offender may cross-examine all witnesses and examine all	7893
documentation presented by the agencies at the hearing, and hethe	7894
offender may present at the hearing witnesses and documentation he	7895
the offender has obtained without a subpoena or a subpoena duces	7896
tecum or, in the case of documentation, that belongs to himthe	7897
offender. HeThe offender also may issue subpoenas and subpoenas	7898
duces tecum for, and present and examine at the hearing, witnesses	7899
and documentation, subject to the following applying to the	7900
witnesses or documentation subpoenaed:	7901

(1) The testimony of witnesses subpoenaed or documentation	7902
subpoenaed is material to the preparation or presentation by the	7903
offender of histhe offender's defense to the claims of the	7904
agencies for a reimbursement of costs;	7905

(2) If witnesses to be subpoenaed are personnel of an agency	7906
or documentation to be subpoenaed belongs to an agency, the	7907
personnel or documentation may be subpoenaed only if the agency	7908
involved has indicated, pursuant to this division, that it intends	7909
to present the personnel as witnesses or use the documentation at	7910
the hearing. The offender shall submit, in writing, a request to	7911
an agency as described in this division to ascertain whether the	7912
agency intends to present various personnel as witnesses or to use	7913
particular documentation. The request shall indicate that the	7914
offender is considering issuing subpoenas to personnel of the	7915
agency who are specifically named or identified by title or	7916
position, or for documentation of the agency that is specifically	7917
described or generally identified, and shall request the agency to	7918
indicate, in writing, whether it intends to present such personnel	7919
as witnesses or to use such documentation at the hearing. The	7920
agency shall promptly reply to the request of the offender. An	7921
agency is prohibited from presenting personnel as witnesses or	7922
from using documentation at the hearing if it indicates to the	7923
offender it does not intend to do so in response to a request of	7924
the offender under this division, or if it fails to reply or	7925
promptly reply to such a request.	7926

(D) Following the hearing, the court shall determine which	7927
of the agencies established by a preponderance of the evidence	7928
that costs set forth in their itemized statements were incurred as	7929
described in division (C) of this section and that the offender	7930
has assets available for reimbursement purposes. The court also	7931
shall determine whether the offender has assets available to	7932
reimburse all such agencies, in whole or in part, for their	7933
established costs, and if it determines that the assets are	7934
available, it shall order the offender, as part of histhe	7935
offender's sentence, to reimburse the agencies from histhe	7936
offender's assets for all or a specified portion of their	7937
established costs.	7938

Sec. 2935.33.  (A) If a person charged with a misdemeanor is	7939
taken before a judge of a court of record and if it appears to the	7940
judge that the person is an alcoholic or is suffering from acute	7941
alcohol intoxication and that the person would benefit from	7942
services provided by an alcohol and drug addiction program	7943
certified under Chapter 3793. of the Revised Code, the judge may	7944
place the person temporarily in a program certified under that	7945
chapter in the area in which the court has jurisdiction for	7946
inpatient care and treatment for an indefinite period not	7947
exceeding five days. The commitment does not limit the right to	7948
release on bail. The judge may dismiss a charge of a violation of	7949
division (B) of section 2917.11 of the Revised Code or of a	7950
municipal ordinance substantially equivalent to that division if	7951
the defendant complies with all the conditions of treatment	7952
ordered by the court.	7953

The court may order that any fines or court costs collected	7954
by the court from defendants who have received inpatient care from	7955
an alcohol and drug addiction program be paid, for the benefit of	7956
the program, to the board of alcohol, drug addiction, and mental	7957
health services of the alcohol, drug addiction, and mental health	7958
service district in which the program is located or to the	7959
director of alcohol and drug addiction services.	7960

(B) If a person is being sentenced for a violation of	7961
division (B) of section 2917.11 or section 4511.19 of the Revised	7962
Code, a misdemeanor violation of section 2919.25 of the Revised	7963
Code, a misdemeanor violation of section 2919.27 of the Revised	7964
Code involving a protection order issued or consent agreement	7965
approved pursuant to section 2919.26 or 3113.31 of the Revised	7966
Code, or a violation of a municipal ordinance substantially	7967
equivalent to that division or any of those sections and if it	7968
appears to the judge at the time of sentencing that the person is	7969
an alcoholic or is suffering from acute alcohol intoxication and	7970
that, in lieu of imprisonment, the person would benefit from	7971
services provided by an alcohol and drug addiction program	7972
certified under Chapter 3793. of the Revised Code, the court may	7973
commit the person to close supervision in any facility in the area	7974
in which the court has jurisdiction that is, or is operated by,	7975
such a program. A commitment to close supervision for a	7976
misdemeanor violation of section 2919.25 of the Revised Code, a	7977
misdemeanor violation of section 2919.27 of the Revised Code	7978
involving a protection order issued or consent agreement approved	7979
pursuant to section 2919.26 or 3113.31 of the Revised Code, or a	7980
violation of any substantially equivalent municipal ordinance	7981
shall be in accordance with division (B) of section 2929.51 of the	7982
Revised Code. Such close supervision may include outpatient	7983
services and part-time release, except that a person convicted of	7984
a violation of division (A) of section 4511.19 of the Revised Code	7985
shall be confined to the facility for at least three days and	7986
except that a person convicted of a misdemeanor violation of	7987
section 2919.25 of the Revised Code, a misdemeanor violation of	7988
section 2919.27 of the Revised Code involving a protection order	7989
issued or consent agreement approved pursuant to section 2919.26	7990
or 3113.31 of the Revised Code, or a violation of a substantially	7991
equivalent municipal ordinance shall be confined to the facility	7992
in accordance with the order of commitment. A commitment of a	7993
person to a facility for purposes of close supervision shall not	7994
exceed the maximum term for which the person could be imprisoned.	7995

(C) A law enforcement officer who finds a person subject to	7996
prosecution for violation of division (B) of section 2917.11 of	7997
the Revised Code or a municipal ordinance substantially equivalent	7998
to that division and who has reasonable cause to believe that the	7999
person is an alcoholic or is suffering from acute alcohol	8000
intoxication and would benefit from immediate treatment	8001
immediately may place the person in an alcohol and drug addiction	8002
program certified under Chapter 3793. of the Revised Code in the	8003
area in which the person is found, for emergency treatment, in	8004
lieu of other arrest procedures, for a maximum period of	8005
forty-eight hours. During that time, if the person desires to	8006
leave such custody, hethe person shall be released forthwith.	8007

(D) As used in this section:

8008

(1) "Alcoholic" has the same meaning as in section 3793.01 of	8009
the Revised Code;	8010

(2) "Acute alcohol intoxication" means a heavy consumption of	8011
alcohol over a relatively short period of time, resulting in	8012
dysfunction of the brain centers controlling behavior, speech, and	8013
memory and causing characteristic withdrawal symptoms.	8014

Sec. 2937.07.  If the offense beis a misdemeanor and the	8015
accused pleads guilty theretoto the offense, the court or	8016
magistrate shall receive and enter suchthe plea unless hethe	8017
court or magistrate believes that it was made through fraud,	8018
collusion;, or mistake in which case he.If the court or	8019
magistrate so believes, the court or magistrate shall enter a plea	8020
of not guilty and set the matter for trial pursuant to Chapter	8021
2938. of the Revised Code. Upon receiving a plea of guilty being	8022
received, the court or magistrate shall call for an explanation of	8023
the circumstances of the offense from the affiant or complainant	8024
or histhe affiant's or complainant's representatives, and after.	8025
After hearing the sameexplanation of circumstances, together with	8026
any statement of the accused, the court or magistrate shall	8027
proceed to pronounce the sentence or shall continue the matter for	8028
the purpose of imposing the sentence or admitting the defendant to	8029
probation.	8030

If theA plea beto a misdemeanor offense of "no contest" or	8031
words of similar import in pleading to a misdemeanor, it shall	8032
constitute a stipulation that the judge or magistrate may make a	8033
finding of guilty or not guilty from the explanation of the	8034
circumstances, and if guilt be found,of the offense. If a	8035
finding of guilty is made, the judge or magistrate shall impose	8036
the sentence or continue the case for sentencesentencing	8037
accordingly. SuchA plea of "no contest" or words of similar	8038
import shall not be construed to importas an admission of any	8039
fact at issue in the criminal charge in any subsequent civil or	8040
criminal action or proceeding, whether civil or criminal.	8041

Sec. 2945.17.  At any trial, in any court, for the violation	8042
of any statute of this state, or of any ordinance of any municipal	8043
corporation, except in cases in whichif the offense carries a	8044
potential penalty involved does not exceed a fine of one hundred	8045
dollarsincarceration, the accused has the right to be tried by a	8046
jury. This section does not apply to, and there is no right to a	8047
jury trial for, a person who is the subject of a complaint filed	8048
under section 2151.27 of the Revised Code against both a child and	8049
the parent, guardian, or other person having care of the child.	8050

Sec. 2947.06.  (A)(1) The trial court may hear testimony in	8051
mitigation of a sentence at the term of conviction or plea or at	8052
the next term. The prosecuting attorney may offer testimony on	8053
behalf of the state to give the court a true understanding of the	8054
case. The court shall determine whether sentence oughtshould	8055
immediately to be imposed or whether, if the offense is a	8056
misdemeanor, to place the defendant on probation. The court on	8057
its own motion may direct the department of probation of the	8058
county in which the defendant resides, or its own regular	8059
probation officer, to make any inquiries and presentence	8060
investigation reports that the court requires concerning the	8061
defendant.	8062

(2) The provisions of section 2951.03 of the Revised Code	8063
shall govern the preparation of, the provision, receipt, and	8064
retention of copies of, the use of, and the confidentiality,	8065
nonpublic record character, and sealing of a presentence	8066
investigation report prepared pursuant to division (A)(1) of this	8067
section.	8068

(B) The court may appoint not more than two psychologists or	8069
psychiatrists to make any reports concerning the defendant that	8070
the court requires for the purpose of determining the disposition	8071
of the case. Each psychologist or psychiatrist shall receive a	8072
fee to be fixed by the court and taxed in the costs of the case.	8073
The psychologist's or psychiatrist's reports shall be made in	8074
writing, in open court, and in the presence of the defendant,	8075
except in misdemeanor cases in which sentence may be pronounced in	8076
the absence of the defendant. A copy of each report of a	8077
psychologist or psychiatrist may be furnished to the defendant, if	8078
present, who may examine the persons making the report, under	8079
oath, as to any matter or thing contained in the report.	8080

Sec. 2947.21.  When a person is sentenced to a workhouse by	8081
the court of common pleas, the clerk of the court of common pleas	8082
shall make and deliver to the sheriff a certified copy of the	8083
judgment. The copy shall describe the crime charged and the	8084
sentence of the court. The sheriff shall deliver the copy to the	8085
officer in charge of the workhouse, and the copy shall be that	8086
officer's warrant for detaining the person in custody. In case of	8087
such a conviction by any other court or magistrate, the court or	8088
magistrate shall make a certified transcript of the docket in the	8089
case, which, in like manner, shall be delivered to the marshal,	8090
constable, or sheriff to be delivered by the marshal, constable,	8091
or sheriff to the proper officer in charge of the workhouse and be	8092
that officer's warrant for detaining the person in custody.	8093

When a person is sentenced to a jail or workhouse under	8094
division (A)(3) of section 2929.512929.24 of the Revised Code,	8095
the court shall certify a transcript of the docket in the case,	8096
and the court shall deliver the certified transcript to the	8097
proper officer in charge of the workhouse or jail, and the	8098
certified transcript is the officer's warrant for detaining the	8099
person in custody during the prescribed period or periods.	8100

Sec. 2949.111.  (A) As used in this section:

8101

(1) "CostsCourt costs" means any court costsassessment that	8102
the court requires an offender to pay,to defray the costs of	8103
operating the court.	8104

(2) "State fines or costs" means any costs imposed or	8105
forfeited bail collected by the court under section 2743.70 of the	8106
Revised Code for deposit into the reparations fund or under	8107
section 2949.091 of the Revised Code for deposit into the	8108
reparations fund and all fines, penalties, and forfeited bail	8109
collected by the court and paid to a law library association under	8110
section 3375.50 of the Revised Code.	8111

(3) "Reimbursement" means any reimbursement for the costs of	8112
confinement that the court orders an offender to pay pursuant to	8113
section 2929.223 or 2929.28 of the Revised Code, any supervision	8114
fee, any fee for the costs of electronically monitored house	8115
arrest that an offender agrees to pay pursuant to section 2929.23	8116
of the Revised Code, any reimbursement for the costs of an	8117
investigation or prosecution that the court orders an offender to	8118
pay pursuant to section 2929.282929.71 of the Revised Code, or	8119
any other costs that the court orders an offender to pay.	8120

(2)(4) "Supervision fees" means any fees that a court,	8121
pursuant to sectionsections 2929.18, 2929.28, and 2951.021 of the	8122
Revised Code and as a condition of probation, requires an offender	8123
who is placed on probation to pay for probation services or that a	8124
court, pursuant to section 2929.18 of the Revised Code, requires	8125
an offender who is under a community control sanction to pay for	8126
supervision services.	8127

(3)(5) "Community control sanction" has the same meaning as	8128
in section 2929.01 of the Revised Code.	8129

(B) Unless the court, in accordance with division (C) of	8130
this section, enters in the record of the case a different method	8131
of assigning a payment toward the satisfaction of costs,	8132
restitution, a fine, or supervision feespayments, if a person who	8133
is charged with a misdemeanor is convicted of or pleads guilty to	8134
the offense, if the court orders the offender to pay any	8135
combination of court costs, state fines or costs, restitution, a	8136
conventional fine, or supervision feesany reimbursement, and if	8137
the offender makes any payment of any of them to a clerk of court	8138
toward the satisfaction of the costs, restitution, fine, or	8139
supervision fees, the clerk of the court shall assign the	8140
offender's payment so made toward the satisfaction of the costs,	8141
restitution, fine, or supervision fees in the following manner:	8142

(1) If the court ordered the offender to pay any court	8143
costs, the offender's payment shall be assigned toward the	8144
satisfaction of thethose court costs until the court coststhey	8145
have been entirely paid.	8146

(2) If the court ordered the offender to pay any state fines	8147
or costs and if all of the court costs that the court ordered the	8148
offender to pay have been paid, the remainder of the offender's	8149
payment shall be assigned on a pro rata basis toward the	8150
satisfaction of the state fines or costs until they have been	8151
entirely paid.	8152

(3) If the court ordered the offender to pay any restitution	8153
and if all of the court costs and state fines or costs that the	8154
court ordered the offender to pay, if any, have been paid, the	8155
remainder of the offender's payment after any assignment required	8156
under division (B)(1) of this section shall be assigned toward the	8157
satisfaction of the restitution until the restitutionit has been	8158
entirely paid.	8159

(3)(4) If the court ordered the offender to pay any	8160
conventional fine and if all of the court costs,state fines or	8161
costs, and restitution that the court ordered the offender to pay,	8162
if any, have been paid, the remainder of the offender's payment	8163
after any assignments required under divisions (B)(1) and (2) of	8164
this section shall be assigned toward the satisfaction of the fine	8165
until the fineit has been entirely paid.	8166

(4)(5) If the court ordered the offender to pay any	8167
supervision feesreimbursement and if all of the court costs,	8168
state fines or costs, restitution, and fineconventional fines	8169
that the court ordered the offender to pay, if any, have been	8170
paid, the remainder of the offender's payment after any	8171
assignments required under divisions (B)(1), (2), and (3) of this	8172
section shall be assigned toward the satisfaction of the	8173
supervision feesreimbursements until the supervision feesthey	8174
have been entirely paid.	8175

(C) If a person who is charged with a misdemeanor is	8176
convicted of or pleads guilty to the offense and if the court	8177
orders the offender to pay any combination of court costs, state	8178
fines or costs, restitution, a fineconventional fines, or	8179
supervision feesreimbursements, the court, at the time it orders	8180
the offender to pay the combination of costs, restitution, a fine,	8181
or supervision feesmake those payments, may prescribe a methodan	8182
order of assigning payments that the person makes toward the	8183
satisfaction of the costs, restitution, fine, or supervision fees	8184
that differs from the methodorder set forth in division (B) of	8185
this section. If the court prescribes a method of assigning	8186
payments under this division, the court shall enterby entering in	8187
the record of the case the methodorder so prescribed. Upon the	8188
entryIf a different order is entered in the record of the case of	8189
the method of assigning payments prescribed pursuant to this	8190
division, if the offender makes any payment to a clerk of court	8191
for the costs, restitution, fine, or supervision fees, on receipt	8192
of any payment, the clerk of the court shall assign the payment so	8193
made toward the satisfaction of the costs, restitution, fine, or	8194
supervision fees in the manner prescribed by the court and entered	8195
in the record of the case instead of in the manner set forth in	8196
division (B) of this section.	8197

Sec. 2950.01. As used in this chapter, unless the context	8198
clearly requires otherwise:	8199

(A) "Confinement" includes, but is not limited to, a	8200
community residential sanction imposed pursuant to section 2929.16	8201
or 2929.26 of the Revised Code.	8202

(B) "Habitual sex offender" means, except when a juvenile	8203
judge removes this classification pursuant to division (A)(2) of	8204
section 2152.84 or division (C)(2) of section 2152.85 of the	8205
Revised Code, a person to whom both of the following apply:	8206

(1) The person is convicted of or pleads guilty to a	8207
sexually oriented offense, or the person is adjudicated a	8208
delinquent child for committing on or after January 1, 2002, a	8209
sexually oriented offense, was fourteen years of age or older at	8210
the time of committing the offense, and is classified a juvenile	8211
sex offender registrant based on that adjudication.	8212

(2) One of the following applies to the person:

8213

(a) Regarding a person who is an offender, the person	8214
previously was convicted of or pleaded guilty to one or more	8215
sexually oriented offenses or previously was adjudicated a	8216
delinquent child for committing one or more sexually oriented	8217
offenses and was classified a juvenile sex offender registrant or	8218
out-of-state juvenile sex offender registrant based on one or more	8219
of those adjudications, regardless of when the offense was	8220
committed and regardless of the person's age at the time of	8221
committing the offense.	8222

(b) Regarding a delinquent child, the person previously was	8223
convicted of, pleaded guilty to, or was adjudicated a delinquent	8224
child for committing one or more sexually oriented offenses,	8225
regardless of when the offense was committed and regardless of the	8226
person's age at the time of committing the offense.	8227

(C) "Prosecutor" has the same meaning as in section 2935.01	8228
of the Revised Code.	8229

(D) "Sexually oriented offense" means any of the following:

8230

(1) Any of the following violations or offenses committed by	8231
a person eighteen years of age or older:	8232

(a) Regardless of the age of the victim of the offense, a	8233
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	8234
Code;	8235

(b) Any of the following offenses involving a minor, in the	8236
circumstances specified:	8237

(i) A violation of section 2905.01, 2905.02, 2905.03,	8238
2905.05, or 2907.04 or former section 2905.04 of the Revised Code	8239
when the victim of the offense is under eighteen years of age;	8240

(ii) A violation of section 2907.21 of the Revised Code when	8241
the person who is compelled, induced, procured, encouraged,	8242
solicited, requested, or facilitated to engage in, paid or agreed	8243
to be paid for, or allowed to engage in the sexual activity in	8244
question is under eighteen years of age;	8245

(iii) A violation of division (A)(1) or (3) of section	8246
2907.321 or 2907.322 of the Revised Code;	8247

(iv) A violation of division (A)(1) or (2) of section	8248
2907.323 of the Revised Code;	8249

(v) A violation of division (B)(5) of section 2919.22 of the	8250
Revised Code when the child who is involved in the offense is	8251
under eighteen years of age;	8252

(vi) A violation of division (D) or (E) of section 2907.07 of	8253
the Revised Code.	8254

(c) Regardless of the age of the victim of the offense, a	8255
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	8256
Revised Code, or of division (A) of section 2903.04 of the Revised	8257
Code, that is committed with a purpose to gratify the sexual needs	8258
or desires of the offender;	8259

(d) A sexually violent offense;

8260

(e) A violation of any former law of this state, any	8261
existing or former municipal ordinance or law of another state or	8262
the United States, or any existing or former law applicable in a	8263
military court or in an Indian tribal court that is or was	8264
substantially equivalent to any offense listed in division	8265
(D)(1)(a), (b), (c), or (d) of this section;	8266

(f) An attempt to commit, conspiracy to commit, or	8267
complicity in committing any offense listed in division (D)(1)(a),	8268
(b), (c), (d), or (e) of this section.	8269

(2) An act committed by a person under eighteen years of age	8270
that is any of the following:	8271

(a) Subject to division (D)(2)(h) of this section,	8272
regardless of the age of the victim of the violation, a violation	8273
of section 2907.02, 2907.03, or 2907.05 of the Revised Code;	8274

(b) Subject to division (D)(2)(h) of this section, any of	8275
the following acts involving a minor in the circumstances	8276
specified:	8277

(i) A violation of section 2905.01 or 2905.02 of the Revised	8278
Code, or of former section 2905.04 of the Revised Code, when the	8279
victim of the violation is under eighteen years of age;	8280

(ii) A violation of section 2907.21 of the Revised Code when	8281
the person who is compelled, induced, procured, encouraged,	8282
solicited, requested, or facilitated to engage in, paid or agreed	8283
to be paid for, or allowed to engage in the sexual activity in	8284
question is under eighteen years of age;	8285

(iii) A violation of division (B)(5) of section 2919.22 of	8286
the Revised Code when the child who is involved in the violation	8287
is under eighteen years of age.	8288

(c) Subject to division (D)(2)(h) of this section, any	8289
sexually violent offense that, if committed by an adult, would be	8290
a felony of the first, second, third, or fourth degree;	8291

(d) Subject to division (D)(2)(h) of this section, a	8292
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	8293
2905.02 of the Revised Code, a violation of division (A) of	8294
section 2903.04 of the Revised Code, or an attempt to violate any	8295
of those sections or that division that is committed with a	8296
purpose to gratify the sexual needs or desires of the child	8297
committing the violation;	8298

(e) Subject to division (D)(2)(h) of this section, a	8299
violation of division (A)(1) or (3) of section 2907.321, division	8300
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	8301
section 2907.323 of the Revised Code, or an attempt to violate any	8302
of those divisions, if the person who violates or attempts to	8303
violate the division is four or more years older than the minor	8304
who is the victim of the violation;	8305

(f) Subject to division (D)(2)(h) of this section, any	8306
violation of any former law of this state, any existing or former	8307
municipal ordinance or law of another state or the United States,	8308
or any existing or former law applicable in a military court or in	8309
an Indian tribal court that is or was substantially equivalent to	8310
any offense listed in division (D)(2)(a), (b), (c), (d), or (e) of	8311
this section and that, if committed by an adult, would be a felony	8312
of the first, second, third, or fourth degree;	8313

(g) Subject to division (D)(2)(h) of this section, any	8314
attempt to commit, conspiracy to commit, or complicity in	8315
committing any offense listed in division (D)(2)(a), (b), (c),	8316
(d), (e), or (f) of this section;	8317

(h) If the child's case has been transferred for criminal	8318
prosecution under section 2152.12 of the Revised Code, the act is	8319
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	8320
(f) of this section or would be any offense listed in any of those	8321
divisions if committed by an adult.	8322

(E) "Sexual predator" means a person to whom either of the	8323
following applies:	8324

(1) The person has been convicted of or pleaded guilty to	8325
committing a sexually oriented offense and is likely to engage in	8326
the future in one or more sexually oriented offenses.	8327

(2) The person has been adjudicated a delinquent child for	8328
committing a sexually oriented offense, was fourteen years of age	8329
or older at the time of committing the offense, was classified a	8330
juvenile sex offender registrant based on that adjudication, and	8331
is likely to engage in the future in one or more sexually oriented	8332
offenses.	8333

(F) "Supervised release" means a release of an offender from	8334
a prison term, a term of imprisonment, or another type of	8335
confinement that satisfies either of the following conditions:	8336

(1) The release is on parole, a conditional pardon, or	8337
probationunder a community control sanction, under transitional	8338
control, or under a post-release control sanction, and it requires	8339
the person to report to or be supervised by a parole officer,	8340
probation officer, field officer, or another type of supervising	8341
officer.	8342

(2) The release is any type of release that is not described	8343
in division (F)(1) of this section and that requires the person to	8344
report to or be supervised by a probation officer, a parole	8345
officer, a field officer, or another type of supervising officer.	8346

(G) An offender or delinquent child is "adjudicated as being	8347
a sexual predator" or "adjudicated a sexual predator" if any of	8348
the following applies and if that status has not been removed	8349
pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised	8350
Code:	8351

(1) The offender is convicted of or pleads guilty to	8352
committing, on or after January 1, 1997, a sexually oriented	8353
offense that is a sexually violent offense and also is convicted	8354
of or pleads guilty to a sexually violent predator specification	8355
that was included in the indictment, count in the indictment, or	8356
information that charged the sexually violent offense.	8357

(2) Regardless of when the sexually oriented offense was	8358
committed, on or after January 1, 1997, the offender is sentenced	8359
for a sexually oriented offense, and the sentencing judge	8360
determines pursuant to division (B) of section 2950.09 of the	8361
Revised Code that the offender is a sexual predator.	8362

(3) The delinquent child is adjudicated a delinquent child	8363
for committing a sexually oriented offense, was fourteen years of	8364
age or older at the time of committing the offense, and has been	8365
classified a juvenile sex offender registrant based on that	8366
adjudication, and the adjudicating judge or that judge's successor	8367
in office determines pursuant to division (B) of section 2950.09	8368
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	8369
the Revised Code that the delinquent child is a sexual predator.	8370

(4) Prior to January 1, 1997, the offender was convicted of	8371
or pleaded guilty to, and was sentenced for, a sexually oriented	8372
offense, the offender is imprisoned in a state correctional	8373
institution on or after January 1, 1997, and the court determines	8374
pursuant to division (C) of section 2950.09 of the Revised Code	8375
that the offender is a sexual predator.	8376

(5) Regardless of when the sexually oriented offense was	8377
committed, the offender or delinquent child is convicted of or	8378
pleads guilty to, has been convicted of or pleaded guilty to, or	8379
is adjudicated a delinquent child for committing a sexually	8380
oriented offense in another state or in a federal court, military	8381
court, or an Indian tribal court, as a result of that conviction,	8382
plea of guilty, or adjudication, the offender or delinquent child	8383
is required, under the law of the jurisdiction in which the	8384
offender was convicted or pleaded guilty or the delinquent child	8385
was adjudicated, to register as a sex offender until the	8386
offender's or delinquent child's death and to verify the	8387
offender's or delinquent child's address on at least a quarterly	8388
basis each year, and, on or after July 1, 1997, for offenders or	8389
January 1, 2002, for delinquent children the offender or	8390
delinquent child moves to and resides in this state or temporarily	8391
is domiciled in this state for more than seven days, unless a	8392
court of common pleas or juvenile court determines that the	8393
offender or delinquent child is not a sexual predator pursuant to	8394
division (F) of section 2950.09 of the Revised Code.	8395

(H) "Sexually violent predator specification" and "sexually	8396
violent offense" have the same meanings as in section 2971.01 of	8397
the Revised Code.	8398

(I) "Post-release control sanction" and "transitional	8399
control" have the same meanings as in section 2967.01 of the	8400
Revised Code.	8401

(J) "Juvenile sex offender registrant" means a person who is	8402
adjudicated a delinquent child for committing on or after January	8403
1, 2002, a sexually oriented offense, who is fourteen years of age	8404
or older at the time of committing the offense, and who a juvenile	8405
court judge, pursuant to an order issued under section 2152.82,	8406
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a	8407
juvenile sex offender registrant and specifies has a duty to	8408
register under section 2950.04 of the Revised Code.	8409

(K) "Secure facility" means any facility that is designed	8410
and operated to ensure that all of its entrances and exits are	8411
locked and under the exclusive control of its staff and to ensure	8412
that, because of that exclusive control, no person who is	8413
institutionalized or confined in the facility may leave the	8414
facility without permission or supervision.	8415

(L) "Out-of-state juvenile sex offender registrant" means a	8416
person who is adjudicated a delinquent child for committing a	8417
sexually oriented offense in another state or in a federal court,	8418
military court, or Indian tribal court, who on or after January 1,	8419
2002, moves to and resides in this state or temporarily is	8420
domiciled in this state for more than seven days, and who under	8421
section 2950.04 of the Revised Code has a duty to register in this	8422
state as described in that section.	8423

(M) "Juvenile court judge" includes a magistrate to whom the	8424
juvenile court judge confers duties pursuant to division (A)(15)	8425
of section 2151.23 of the Revised Code.	8426

(N) "Adjudicated a delinquent child for committing a sexually	8427
oriented offense" includes a child who receives a serious youthful	8428
offender dispositional sentence under section 2152.13 of the	8429
Revised Code for committing a sexually oriented offense.	8430

(O) "Community control sanction" has the same meaning as in	8431
section 2929.01 of the Revised Code.	8432

Sec. 2950.99.  (A) Whoever violates a prohibition in section	8433
2950.04, 2950.05, or 2950.06 of the Revised Code is guilty of a	8434
felony of the fifth degree if the most serious sexually oriented	8435
offense that was the basis of the registration, change of address	8436
notification, or address verification requirement that was	8437
violated under the prohibition is a felony if committed by an	8438
adult, and a misdemeanor of the first degree if the most serious	8439
sexually oriented offense that was the basis of the registration,	8440
change of address notification, or address verification	8441
requirement that was violated under the prohibition is a	8442
misdemeanor if committed by an adult. In addition to any penalty	8443
or sanction imposed for the violation, if the offender or	8444
delinquent child is subject to a community control sanction, is on	8445
probation or parole, is subject to one or more post-release	8446
control sanctions, or is subject to any other type of supervised	8447
release at the time of the violation, the violation shall	8448
constitute a violation of the terms and conditions of the	8449
probationcommunity control sanction, parole, post-release control	8450
sanction, or other type of supervised release.	8451

(B) If a person violates a prohibition in section 2950.04,	8452
2950.05, or 2950.06 of the Revised Code that applies to the person	8453
as a result of the person being adjudicated a delinquent child and	8454
being classified a juvenile sex offender registrant or is an	8455
out-of-state juvenile sex offender registrant, both of the	8456
following apply:	8457

(1) If the violation occurs while the person is under	8458
eighteen years of age, the person is subject to proceedings under	8459
Chapter 2152. of the Revised Code based on the violation.	8460

(2) If the violation occurs while the person is eighteen	8461
years of age or older, the person is subject to criminal	8462
prosecution based on the violation.	8463

Sec. 2951.01. The definition of "magistrate" set forthAs	8464
used in this chapter:	8465

(A) "Magistrate" has the same meaning as in section 2931.01	8466
of the Revised Code applies to Chapter 2951. of the Revised Code.	8467

(B) "Community control sanction" has the same meaning as in	8468
section 2929.01 of the Revised Code.	8469

(C) "Ignition interlock device" has the same meaning as in	8470
section 4511.83 of the Revised Code.	8471

(D) "Multicounty department of probation" means a probation	8472
department established under section 2301.27 of the Revised Code	8473
to serve more than one county.	8474

(E) "Probation agency" means a county department of	8475
probation, a multicounty department of probation, a municipal	8476
court department of probation established under section 1901.33 of	8477
the Revised Code, or the adult parole authority.	8478

(F) "County-operated municipal court" and "legislative	8479
authority" have the same meanings as in section 1901.03 of the	8480
Revised Code.	8481

(G) "Detention facility" has the same meaning as in section	8482
2921.01 of the Revised Code.	8483

(H) "Repeat offender" and "dangerous offender" have the same	8484
meanings as in section 2935.36 of the Revised Code.	8485

(I) "Minor drug possession offense" has the same meaning as	8486
in section 2925.01 of the Revised Code.	8487

(J) "Peace officer" has the same meaning as in section	8488
2935.01 of the Revised Code.	8489

(K) "Firearm," "deadly weapon," and "dangerous ordnance" have	8490
the same meanings as in section 2923.11 of the Revised Code.	8491

Sec. 2951.011.  (A)(1) Chapter 2951. of the Revised Code, as	8492
it existed prior to July 1, 1996, applies to a person upon whom a	8493
court imposed a term of imprisonment prior to July 1, 1996, and a	8494
person upon whom a court, on or after July 1, 1996, and in	8495
accordance with law existing prior to July 1, 1996, imposed a term	8496
of imprisonment for an offense that was committed prior to July 1,	8497
1996.	8498

(B)(2) Chapter 2951. of the Revised Code as it exists on and	8499
after July 1, 1996, applies to a person upon whom a court imposed	8500
a stated prison term for an offense committed on or after July 1,	8501
1996.	8502

(B)(1) Except as provided in division (A)(1) of this section,	8503
Chapter 2951. of the Revised Code, as it existed prior to July 1,	8504
2003, applies to a person upon whom a court imposed a sentence for	8505
a misdemeanor offense prior to July 1, 2003, and a person upon	8506
whom a court, on or after July 1, 2003, and in accordance with law	8507
existing prior to July 1, 2003, imposed a sentence for a	8508
misdemeanor offense that was committed prior to July 1, 2003.	8509

(2) Except as provided in division (A)(2) of this section,	8510
Chapter 2951. of the Revised Code as it exists on and after July	8511
1, 2003, applies to a person upon whom a court imposes a sentence	8512
for a misdemeanor offense committed on or after July 1, 2003.	8513

Sec. 2951.02.  (A)(1) In determining whether to suspend a	8514
sentence of imprisonment imposed upon an offender for a	8515
misdemeanor and place the offender on probation or whether to	8516
otherwise suspend a sentence of imprisonment imposed upon an	8517
offender for a misdemeanor pursuant to division (A) of section	8518
2929.51 of the Revised Code, the court shall consider the risk	8519
that the offender will commit another offense and the need for	8520
protecting the public from the risk, the nature and circumstances	8521
of the offense, and the history, character, and condition of the	8522
offender.	8523

(2) An offender who has been convicted of or pleaded guilty	8524
to a misdemeanor shall not be placed on probation and shall not	8525
otherwise have the sentence of imprisonment imposed upon the	8526
offender suspended pursuant to division (A) of section 2929.51 of	8527
the Revised Code if either of the following applies:	8528

(a) The offender is a repeat or dangerous offender.

8529

(b) The misdemeanor offense involved was not a violation of	8530
section 2923.12 of the Revised Code and was committed while the	8531
offender was armed with a firearm or dangerous ordnance.	8532

(B) The following do not control the court's discretion but	8533
the court shall consider them in favor of placing an offender who	8534
has been convicted of or pleaded guilty to a misdemeanor on	8535
probation or in favor of otherwise suspending the offender's	8536
sentence of imprisonment pursuant to division (A) of section	8537
2929.51 of the Revised Code:	8538

(1) The offense neither caused nor threatened serious harm	8539
to persons or property, or the offender did not contemplate that	8540
it would do so.	8541

(2) The offense was the result of circumstances unlikely to	8542
recur.	8543

(3) The victim of the offense induced or facilitated it.

8544

(4) There are substantial grounds tending to excuse or	8545
justify the offense, though failing to establish a defense.	8546

(5) The offender acted under strong provocation.

8547

(6) The offender has no history of prior delinquency or	8548
criminal activity, or has led a law-abiding life for a substantial	8549
period before commission of the present offense.	8550

(7) The offender is likely to respond affirmatively to	8551
probationary or other court-imposed treatment.	8552

(8) The character and attitudes of the offender indicate	8553
that the offender is unlikely to commit another offense.	8554

(9) The offender has made or will make restitution or	8555
reparation to the victim of the offender's offense for the injury,	8556
damage, or loss sustained.	8557

(10) Imprisonment of the offender will entail undue hardship	8558
to the offender or the offender's dependents.	8559

(C)(1) When an offender who has been convicted of or pleaded	8560
guilty to a misdemeanor is placed on probation or the sentence of	8561
that type of offender otherwise is suspended pursuant to division	8562
(A) of section 2929.51 of the Revised Code, the probation or other	8563
suspension shall be at least on condition that, during the period	8564
of probation or other suspension, the offender shall abide by the	8565
law and shall not leave the state without the permission of the	8566
court or the offender's probation officer. In the interests of	8567
doing justice, rehabilitating the offender, and ensuring the	8568
offender's good behavior, the court may impose additional	8569
requirements on the offender. Compliance with the additional	8570
requirements imposed under this division also shall be a condition	8571
of the offender's probation or other suspension. The additional	8572
requirements so imposed may include, but shall not be limited to,	8573
any of the following:	8574

(a) A requirement that the offender make restitution	8575
pursuant to section 2929.21 of the Revised Code for all or part of	8576
the property damage that is caused by the offender's offense and	8577
for all or part of the value of the property that is the subject	8578
of any theft offense that the offender committed;	8579

(b) If the offense is a violation of section 2919.25 or a	8580
violation of section 2903.13 of the Revised Code involving a	8581
person who was a family or household member at the time of the	8582
violation, if the offender committed the offense in the vicinity	8583
of one or more children who are not victims of the offense, and if	8584
the offender or the victim of the offense is a parent, guardian,	8585
custodian, or person in loco parentis of one or more of those	8586
children, a requirement that the offender obtain counseling. This	8587
division does not limit the court in imposing a requirement that	8588
the offender obtain counseling for any offense or in any	8589
circumstance not specified in this division.	8590

(c) A requirement that the offender not ingest or be	8591
injected with a drug of abuse and submit to random drug testing	8592
and requiring that the results of the drug test indicate that the	8593
offender did not ingest or was not injected with a drug of abuse.	8594
If the court requires the offender to submit to random drug	8595
testing under division (C)(1)(c) of this section, the county	8596
department of probation, the multicounty department of probation,	8597
or the adult parole authority, as appropriate, that has general	8598
control and supervision of offenders who are on probation or other	8599
suspension or are under a nonresidential sanction, shall cause the	8600
offender to submit to random drug testing pursuant to section	8601
2951.05 of the Revised Code.	8602

(2) During the period of a misdemeanor offender's probation	8603
community control sanction or other suspension or during the	8604
period of a felon'sfelony offender's nonresidential sanction,	8605
authorized probation officers who are engaged within the scope of	8606
their supervisory duties or responsibilities may search, with or	8607
without a warrant, the person of the offender, the place of	8608
residence of the offender, and a motor vehicle, another item of	8609
tangible or intangible personal property, or other real property	8610
in which the offender has a right, title, or interest or for which	8611
the offender has the express or implied permission of a person	8612
with a right, title, or interest to use, occupy, or possess if the	8613
probation officers have reasonable grounds to believe that the	8614
offender is not abiding by the law or otherwise is not complying	8615
with the conditions of the misdemeanor offender's probation or	8616
other suspensioncommunity control sanction or the conditions of	8617
the felony offender's nonresidential sanction. If a felonfelony	8618
offender who is sentenced to a nonresidential sanction is under	8619
the general control and supervision of the adult parole authority,	8620
as described in division (A)(2)(a) of section 2929.15 of the	8621
Revised Code, adult parole authority field officers with	8622
supervisory responsibilities over the felonfelony offender shall	8623
have the same search authority relative to the felonfelony	8624
offender during the period of the sanction asthat is described	8625
under this division for probation officers. The court that places	8626
the misdemeanor offender on probation or suspends the misdemeanor	8627
offender's sentence of imprisonmentunder a community control	8628
sanction pursuant to division (D)(2) or (4) of section 2929.51	8629
2929.25 of the Revised Code or that sentences the felonfelony	8630
offender to a nonresidential sanction pursuant to section 2929.17	8631
of the Revised Code shall provide the offender with a written	8632
notice that informs the offender that authorized probation	8633
officers or adult parole authority field officers with supervisory	8634
responsibilities over the offender who are engaged within the	8635
scope of their supervisory duties or responsibilities may conduct	8636
those types of searches during the period of probation or other	8637
suspension or during the period of the community control sanction	8638
or nonresidential sanction if they have reasonable grounds to	8639
believe that the offender is not abiding by the law or otherwise	8640
is not complying with the conditions of the offender's probation	8641
or other suspension or the conditions of the offender'scommunity	8642
control sanction or nonresidential sanction.	8643

(D) The following do not control the court's discretion but	8644
the court shall consider them against placing an offender who has	8645
been convicted of or pleaded guilty to a misdemeanor on probation	8646
and against otherwise suspending the offender's sentence of	8647
imprisonment pursuant to division (A) of section 2929.51 of the	8648
Revised Code:	8649

(1) The offender recently violated the conditions of pardon,	8650
post-release control pursuant to section 2967.28 of the Revised	8651
Code, or a probation or suspension pursuant to division (A) of	8652
section 2929.51 of the Revised Code, previously granted the	8653
offender.	8654

(2) There is a substantial risk that, while at liberty	8655
during the period of probation or other suspension, the offender	8656
will commit another offense.	8657

(3) The offender is in need of correctional or	8658
rehabilitative treatment that can be provided best by the	8659
offender's commitment to a locally governed and operated	8660
residential facility.	8661

(4) Regardless of whether the offender knew the age of the	8662
victim, the victim of the offense was sixty-five years of age or	8663
older or permanently and totally disabled at the time of the	8664
commission of the offense.	8665

(E) The criteria listed in divisions (B) and (D) of this	8666
section shall not be construed to limit the matters that may be	8667
considered in determining whether to suspend sentence of	8668
imprisonment and place an offender who has been convicted of or	8669
pleaded guilty to a misdemeanor on probation or whether to	8670
otherwise suspend the offender's sentence of imprisonment pursuant	8671
to division (A) of section 2929.51 of the Revised Code.	8672

(F)(1) When(B) If an offender is convicted of or pleads	8673
guilty to a misdemeanor, the court may require the offender, as a	8674
condition of probation or as a condition of otherwise suspending	8675
the offender's sentence pursuant to division (A) of section	8676
2929.51 of the Revised Code, in addition to the conditions of	8677
probation or other suspension imposed pursuant to division (C) of	8678
this sectionof a community control sanction, to perform	8679
supervised community service work in accordance with this	8680
division. If an offender is convicted of or pleads guilty to a	8681
felony, the court, pursuant to sections 2929.15 and 2929.17 of the	8682
Revised Code, may impose a sanction that requires the offender to	8683
perform supervised community service work in accordance with this	8684
division. The supervised community service work shall be under	8685
the authority of health districts, park districts, counties,	8686
municipal corporations, townships, other political subdivisions of	8687
the state, or agencies of the state or any of its political	8688
subdivisions, or under the authority of charitable organizations	8689
that render services to the community or its citizens, in	8690
accordance with this division. Supervised community service work	8691
shall not be required as a condition of probation or other	8692
suspension under this division unless the offender agrees to	8693
perform the work offered as a condition of probation or other	8694
suspension by the court. The court may require an offender who	8695
agreesis ordered to perform the work to pay to it a reasonable	8696
fee to cover the costs of the offender's participation in the	8697
work, including, but not limited to, the costs of procuring a	8698
policy or policies of liability insurance to cover the period	8699
during which the offender will perform the work.	8700

A court may permit any offender convicted of a felony or a	8701
misdemeanor to satisfy the payment of a fine imposed for the	8702
offense pursuant to section 2929.18 or 2929.28 of the Revised Code	8703
by performing supervised community service work as described in	8704
this division if the offender requests an opportunity to satisfy	8705
the payment by this means and if the court determines that the	8706
offender is financially unable to pay the fine.	8707

The supervised community service work that may be imposed	8708
under this division shall be subject to the following limitations:	8709

(a)(1) The court shall fix the period of the work and, if	8710
necessary, shall distribute it over weekends or over other	8711
appropriate times that will allow the offender to continue at the	8712
offender's occupation or to care for the offender's family. The	8713
period of the work as fixed by the court shall not exceed anin	8714
the aggregate of two hundredthe number of hours of community	8715
service imposed by the court pursuant to section 2929.17 or	8716
2929.27 of the Revised Code.	8717

(b)(2) An agency, political subdivision, or charitable	8718
organization must agree to accept the offender for the work before	8719
the court requires the offender to perform the work for the	8720
entity. A court shall not require an offender to perform	8721
supervised community service work for an agency, political	8722
subdivision, or charitable organization at a location that is an	8723
unreasonable distance from the offender's residence or domicile,	8724
unless the offender is provided with transportation to the	8725
location where the work is to be performed.	8726

(c)(3) A court may enter into an agreement with a county	8727
department of job and family services for the management,	8728
placement, and supervision of offenders eligible for community	8729
service work in work activities, developmental activities, and	8730
alternative work activities under sections 5107.40 to 5107.69 of	8731
the Revised Code. If a court and a county department of job and	8732
family services have entered into an agreement of that nature, the	8733
clerk of that court is authorized to pay directly to the county	8734
department all or a portion of the fees collected by the court	8735
pursuant to this division in accordance with the terms of its	8736
agreement.	8737

(d)(4) Community service work that a court requires under	8738
this division shall be supervised by an official of the agency,	8739
political subdivision, or charitable organization for which the	8740
work is performed or by a person designated by the agency,	8741
political subdivision, or charitable organization. The official	8742
or designated person shall be qualified for the supervision by	8743
education, training, or experience, and periodically shall report,	8744
in writing, to the court and to the offender's probation officer	8745
concerning the conduct of the offender in performing the work.	8746

(2) When an offender is convicted of a felony, the court may	8747
impose pursuant to sections 2929.15 and 2929.17 of the Revised	8748
Code a sanction that requires the offender to perform supervised	8749
community service work in accordance with this division and under	8750
the authority of any agency, political subdivision, or charitable	8751
organization as described in division (F)(1) of this section. The	8752
court may require an offender who is ordered to perform the work	8753
to pay to it a reasonable fee to cover the costs of the offender's	8754
participation in the work, including, but not limited to, the	8755
costs of procuring a policy or policies of liability insurance to	8756
cover the period during which the offender will perform the work.	8757

A court may permit an offender convicted of a felony to	8758
satisfy the payment of a fine imposed for the offense pursuant to	8759
section 2929.18 of the Revised Code by performing supervised	8760
community service work as described in this division if the court	8761
determines that the offender is financially unable to pay the	8762
fine.	8763

The supervised community service work that may be imposed	8764
under this division shall be subject to the limitations specified	8765
in divisions (F)(1)(a) to (d) of this section, except that the	8766
court is not required to obtain the agreement of the offender to	8767
impose supervised community work as a sanction. Additionally, the	8768
(5) The total of any period of supervised community service work	8769
imposed on an offender under this division (B) of this section	8770
plus the period of all other sanctions imposed pursuant to	8771
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised	8772
Code for a felony, or pursuant to sections 2929.25, 2929.26,	8773
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall	8774
not exceed five years.	8775

(G)(C)(1) WhenIf an offender is convicted of a violation of	8776
section 4511.19 of the Revised Code, a municipal ordinance	8777
relating to operating a vehicle while under the influence of	8778
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a	8779
municipal ordinance relating to operating a vehicle with a	8780
prohibited concentration of alcohol in the blood, breath, or	8781
urine, the court may require, as a condition of probation in	8782
addition to the required conditions of probation and the	8783
discretionary conditions of probation that may be imposed pursuant	8784
to division (C) of this sectiona community control sanction, any	8785
suspension or revocation of a driver's or commercial driver's	8786
license or permit or nonresident operating privilege, and all	8787
other penalties provided by law or by ordinance, that the offender	8788
operate only a motor vehicle equipped with an ignition interlock	8789
device that is certified pursuant to section 4511.83 of the	8790
Revised Code.	8791

(2) WhenIf a court requires an offender, as a condition of	8792
probationa community control sanction pursuant to division	8793
(G)(C)(1) of this section, to operate only a motor vehicle	8794
equipped with an ignition interlock device that is certified	8795
pursuant to section 4511.83 of the Revised Code, the offender	8796
immediately shall surrender the offender's driver's or commercial	8797
driver's license or permit to the court. Upon the receipt of the	8798
offender's license or permit, the court shall issue an order	8799
authorizing the offender to operate a motor vehicle equipped with	8800
a certified ignition interlock device, deliver the offender's	8801
license or permit to the bureau of motor vehicles, and include in	8802
the abstract of the case forwarded to the bureau pursuant to	8803
section 4507.021 of the Revised Code the conditions of probation	8804
the community control sanction imposed pursuant to division	8805
(G)(C)(1) of this section. The court shall give the offender a	8806
copy of its order, and that copy shall be used by the offender in	8807
lieu of a driver's or commercial driver's license or permit until	8808
the bureau issues a restricted license to the offender.	8809

(3) Upon receipt of an offender's driver's or commercial	8810
driver's license or permit pursuant to division (G)(C)(2) of this	8811
section, the bureau of motor vehicles shall issue a restricted	8812
license to the offender. The restricted license shall be	8813
identical to the surrendered license, except that it shall have	8814
printed on its face a statement that the offender is prohibited	8815
from operating a motor vehicle that is not equipped with an	8816
ignition interlock device that is certified pursuant to section	8817
4511.83 of the Revised Code. The bureau shall deliver the	8818
offender's surrendered license or permit to the court upon receipt	8819
of a court order requiring it to do so, or reissue the offender's	8820
license or permit under section 4507.54 of the Revised Code if the	8821
registrar destroyed the offender's license or permit under that	8822
section. The offender shall surrender the restricted license to	8823
the court upon receipt of the offender's surrendered license or	8824
permit.	8825

(4) If an offender violates a requirement of the court	8826
imposed under division (G)(C)(1) of this section, the offender's	8827
driver's or commercial driver's license or permit or nonresident	8828
operating privilege may be suspended as provided in section	8829
4507.16 of the Revised Code.	8830

(H) As used in this section:

8831

(1) "Repeat offender" and "dangerous offender" have the same	8832
meanings as in section 2935.36 of the Revised Code.	8833

(2) "Firearm" and "dangerous ordnance" have the same	8834
meanings as in section 2923.11 of the Revised Code.	8835

(3) "Theft offense" has the same meaning as in section	8836
2913.01 of the Revised Code.	8837

(4) "Random drug testing" has the same meaning as in section	8838
5120.63 of the Revised Code.	8839

(5) "Ignition interlock device" has the same meaning as in	8840
section 4511.83 of the Revised Code.	8841

Sec. 2951.021.  (A) As used in this section:

8842

(1) "Multicounty department of probation" means a probation	8843
department established under section 2301.27 of the Revised Code	8844
to serve more than one county.	8845

(2) "Probation agency" means a county department of	8846
probation, a multicounty department of probation, a municipal	8847
court department of probation established under section 1901.33 of	8848
the Revised Code, or the adult parole authority.	8849

(3) "County-operated municipal court" and "legislative	8850
authority" have the same meanings as in section 1901.03 of the	8851
Revised Code.	8852

(4) "Detention facility" has the same meaning as in section	8853
2921.01 of the Revised Code.	8854

(B)(1) If a court places a misdemeanor offender on probation	8855
under a community control sanction under section 2929.26, 2929.27,	8856
or 2929.28 of the Revised Code or places a felony offender under a	8857
community control sanction under section 2929.16, 2929.17, or	8858
2929.18 of the Revised Code and if the court places the offender	8859
under the control and supervision of a probation agency, the court	8860
may require the offender, as a condition of probation or of	8861
community control, to pay a monthly supervision fee of not more	8862
than fifty dollars for supervision services. If the court	8863
requires an offender to pay a monthly supervision fee and the	8864
offender will be under the control of a county department of	8865
probation, a multicounty department of probation, or a municipal	8866
court department of probation established under section 1901.33 of	8867
the Revised Code, the court shall specify whether the offender is	8868
to pay the fee to the probation agency that will have control over	8869
the offender or to the clerk of the court for which the	8870
supervision agency is established. If the court requires an	8871
offender to pay a monthly probation fee and the offender will be	8872
under the control of the adult parole authority, the court shall	8873
specify that the offender is to pay the fee to the clerk of the	8874
court of common pleas.	8875

(2) No person shall be assessed, in any month, more than	8876
fifty dollars in supervision fees.	8877

(3) The prosecuting attorney of the county or the chief	8878
legal officer of a municipal corporation in which is located the	8879
court that imposed sentence upon an offender may bring a civil	8880
action to recover unpaid monthly supervision fees that the	8881
offender was required to pay. Any amount recovered in the civil	8882
action shall be paid into the appropriate county or municipal	8883
probation services fund in accordance with division (C)(B) of this	8884
section.	8885

(4) The failure of an offender to comply with a condition of	8886
probation or of community control that requires the offender to	8887
pay a monthly supervision fee and that is imposed under division	8888
(B)(A)(1) of this section shall not constitute the basis for a	8889
revocation of the offender's probation and the imposition of the	8890
offender's sentence under section 2951.09 of the Revised Code or	8891
the modification of the offender's community control sanctions	8892
pursuant to section 2929.15 or2929.25 of the Revised Code but may	8893
be considered with any other factors that form the basis of a	8894
revocation of probation or modification of a sanction for	8895
violating a community control sanction under those sections. If	8896
the court determines at a hearing held pursuant to section 2951.09	8897
of the Revised Code that a misdemeanor offender on probation	8898
community control failed to pay a monthly supervision fee imposed	8899
under division (B)(A)(1) of this section and that no other factors	8900
warranting revocation of probationthe modification of the	8901
offender's community control sanction are present, the court shall	8902
not revoke the offender's probation, shall remand the offender to	8903
the custody of the probation agency, and may impose any additional	8904
conditions of probationcommunity control upon the offender,	8905
including a requirement that the offender perform community	8906
service, as the ends of justice require. Any requirement imposed	8907
pursuant to division (B)(A)(4) of this section that the offender	8908
perform community service shall be in addition to and shall not	8909
limit or otherwise affect any order that the offender perform	8910
community service pursuant to division (F)(1)(a)(B) of section	8911
2951.02 of the Revised Code.	8912

(C)(B) Prior to the last day of the month in each month	8913
during the period of probation or of community control, an	8914
offender who is ordered to pay a monthly supervision fee under	8915
this section shall pay the fee to the probation agency that has	8916
control and supervision over the offender or to the clerk of the	8917
court for which the probation agency is established, as specified	8918
by the court, except that, if the probation agency is the adult	8919
parole authority, the offender shall pay the fee to the clerk of	8920
the court of common pleas. Each probation agency or clerk of a	8921
court that receives any monthly supervision fees shall keep a	8922
record of the monthly supervision fees that are paid to the agency	8923
or the clerk and shall give a written receipt to each person who	8924
pays a supervision fee to the agency or clerk.	8925

(D)(C) Subject to division (F)(E) of this section, all	8926
monthly supervision fees collected under this section by a	8927
probation agency or the clerk of a court shall be disposed of in	8928
the following manner:	8929

(1) For offenders who are under the control and supervision	8930
of a county department of probation or a municipal court	8931
department of probation in a county-operated municipal court, on	8932
or before the fifth business day of each month, the chief	8933
probation officer, the chief probation officer's designee, or the	8934
clerk of the court shall pay all monthly supervision fees	8935
collected in the previous month to the county treasurer of the	8936
county in which the county department of probation or municipal	8937
court department of probation is established for deposit into the	8938
county probation services fund established in the county treasury	8939
of that county pursuant to division (A)(1) section 321.44 of the	8940
Revised Code.	8941

(2) For offenders who are under the control and supervision	8942
of a multicounty department of probation, on or before the fifth	8943
business day of each month, the chief probation officer, the chief	8944
probation officer's designee, or the clerk of the court shall pay	8945
all monthly supervision fees collected in the previous month to	8946
the county treasurer of the county in which is located the court	8947
of common pleas that placed the offender on probation or under a	8948
community control sanction under the control of the department for	8949
deposit into the county probation services fund established in the	8950
county treasury of that county pursuant to division (A)(1) of	8951
section 321.44 of the Revised Code and for subsequent	8952
appropriation and transfer in accordance with division (A)(2) of	8953
that section to the appropriate multicounty probation services	8954
fund established pursuant to division (B) of that section.	8955

(3) For offenders who are under the control and supervision	8956
of a municipal court department of probation in a municipal court	8957
that is not a county-operated municipal court, on or before the	8958
fifth business day of each month, the chief probation officer, the	8959
chief probation officer's designee, or the clerk of the court	8960
shall pay all monthly supervision fees collected in the previous	8961
month to the treasurer of the municipal corporation for deposit	8962
into the municipal probation services fund established pursuant to	8963
section 737.41 of the Revised Code.	8964

(4) For offenders who are under the control and supervision	8965
of the adult parole authority, the clerk of the court of common	8966
pleas, on or before the fifth business day of January, April,	8967
July, and October, shall pay all monthly supervision fees	8968
collected by the clerk in the previous three months to the	8969
treasurer of the county in which is located the court of common	8970
pleas that placed the offender on probation or under a community	8971
control sanction under the control of the authority for deposit	8972
into the county probation services fund established in the county	8973
treasury of that county pursuant to division (A)(1) of section	8974
321.44 of the Revised Code and for subsequent appropriation and	8975
transfer in accordance with division (A)(2) of that section to the	8976
adult parole authority probation services fund established	8977
pursuant to section 5149.06 of the Revised Code.	8978

(E)(D) Not later than the first day of December of each	8979
year, each probation agency shall prepare a report regarding its	8980
use of money from a county probation services fund, a multicounty	8981
probation services fund, a municipal probation services fund, or	8982
the adult parole authority probation services fund, whichever is	8983
applicable. The report shall specify the amount appropriated from	8984
the fund to the probation agency during the current calendar year,	8985
an estimate of the amount that the probation agency will expend by	8986
the end of the year, a summary of how the amount appropriated has	8987
been expended for probation services, and an estimate of the	8988
amount of supervision fees that the probation agency will collect	8989
and pay to the appropriate treasurer for deposit in the	8990
appropriate fund in the next calendar year. The report shall be	8991
filed with one of the following:	8992

(1) If the probation agency is a county department of	8993
probation or a municipal court department of probation in a	8994
county-operated municipal court, with the board of county	8995
commissioners of that county;	8996

(2) If the probation agency is a multicounty department of	8997
probation, with the board of county commissioners of the county	8998
whose treasurer, in accordance with section 2301.27 of the Revised	8999
Code, is designated as the treasurer to whom supervision fees	9000
collected under this section are to be appropriated and	9001
transferred under division (A)(2) of section 321.44 of the Revised	9002
Code;	9003

(3) If the probation agency is a department of probation of	9004
a municipal court that is not a county-operated municipal court,	9005
with the legislative authority of the municipal corporation that	9006
operates the court;	9007

(4) If the probation agency is the adult parole authority,	9008
with the chairmenchairpersons of the finance committees of the	9009
senate and the house of representatives, the directors of the	9010
office of budget and management and the legislative budget office	9011
service commission, and the board of county commissioners in each	9012
county for which the adult parole authority provides probation	9013
services.	9014

(F)(E) If the clerk of a court of common pleas or the clerk	9015
of a municipal court collects any monthly supervision fees under	9016
this section, the clerk may retain up to two per cent of the fees	9017
so collected to cover any administrative costs experienced in	9018
complying with the clerk's duties under this section.	9019

Sec. 2951.041.  (A)(1) If an offender is charged with a	9020
criminal offense and the court has reason to believe that drug or	9021
alcohol usage by the offender was a factor leading to the	9022
offender's criminal behavior, the court may accept, prior to the	9023
entry of a guilty plea, the offender's request for intervention in	9024
lieu of conviction. The request shall include a waiver of the	9025
defendant's right to a speedy trial, the preliminary hearing, the	9026
time period within which the grand jury may consider an indictment	9027
against the offender, and arraignment, unless the hearing,	9028
indictment, or arraignment has already occurred. The court may	9029
reject an offender's request without a hearing. If the court	9030
elects to consider an offender's request, the court shall conduct	9031
a hearing to determine whether the offender is eligible under this	9032
section for intervention in lieu of conviction and shall stay all	9033
criminal proceedings pending the outcome of the hearing. If the	9034
court schedules a hearing, the court shall order an assessment of	9035
the offender for the purpose of determining the offender's	9036
eligibility for intervention in lieu of conviction and	9037
recommending an appropriate intervention plan.	9038

(2) The victim notification provisions of division (C) of	9039
section 2930.08 of the Revised Code apply in relation to any	9040
hearing held under division (A)(1) of this section.	9041

(B) An offender is eligible for intervention in lieu of	9042
conviction if the court finds all of the following:	9043

(1) The offender previously has not been convicted of or	9044
pleaded guilty to a felony, previously has not been through	9045
intervention in lieu of conviction under this section or any	9046
similar regimen, and is charged with a felony for which the court,	9047
upon conviction, would impose sentence under division (B)(2)(b) of	9048
section 2929.13 of the Revised Code or with a misdemeanor.	9049

(2) The offense is not a felony of the first, second, or	9050
third degree, is not an offense of violence, is not a violation of	9051
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	9052
not a violation of division (A)(1) of section 2903.08 of the	9053
Revised Code, is not a violation of division (A) of section	9054
4511.19 of the Revised Code or a municipal ordinance that is	9055
substantially similar to that division, and is not an offense for	9056
which a sentencing court is required to impose a mandatory prison	9057
term, a mandatory term of local incarceration, or a mandatory term	9058
of imprisonment in a jail.	9059

(3) The offender is not charged with a violation of section	9060
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is	9061
not charged with a violation of section 2925.11 of the Revised	9062
Code that is a felony of the first, second, or third degree.	9063

(4) The offender is not charged with a violation of section	9064
2925.11 of the Revised Code that is a felony of the fourth degree,	9065
or the offender is charged with a violation of that section that	9066
is a felony of the fourth degree and the prosecutor in the case	9067
has recommended that the offender be classified as being eligible	9068
for intervention in lieu of conviction under this section.	9069

(5) The offender has been assessed by an appropriately	9070
licensed provider, certified facility, or licensed and	9071
credentialed professional, including, but not limited to, a	9072
program licensed by the department of alcohol and drug addiction	9073
services pursuant to section 3793.11 of the Revised Code, a	9074
program certified by that department pursuant to section 3793.06	9075
of the Revised Code, a public or private hospital, the United	9076
States department of veterans affairs, another appropriate agency	9077
of the government of the United States, or a licensed physician,	9078
psychiatrist, psychologist, independent social worker,	9079
professional counselor, or chemical dependency counselor for the	9080
purpose of determining the offender's eligibility for intervention	9081
in lieu of conviction and recommending an appropriate intervention	9082
plan.	9083

(6) The offender's drug or alcohol usage was a factor	9084
leading to the criminal offense with which the offender is	9085
charged, intervention in lieu of conviction would not demean the	9086
seriousness of the offense, and intervention would substantially	9087
reduce the likelihood of any future criminal activity.	9088

(7) The alleged victim of the offense was not sixty-five	9089
years of age or older, permanently and totally disabled, under	9090
thirteen years of age, or a peace officer engaged in the officer's	9091
official duties at the time of the alleged offense.	9092

(8) If the offender is charged with a violation of section	9093
2925.24 of the Revised Code, the alleged violation did not result	9094
in physical harm to any person, and the offender previously has	9095
not been treated for drug abuse.	9096

(9) The offender is willing to comply with all terms and	9097
conditions imposed by the court pursuant to division (D) of this	9098
section.	9099

(C) At the conclusion of a hearing held pursuant to division	9100
(A) of this section, the court shall enter its determination as to	9101
whether the offender is eligible for intervention in lieu of	9102
conviction and as to whether to grant the offender's request. If	9103
the court finds under division (B) of this section that the	9104
offender is eligible for intervention in lieu of conviction and	9105
grants the offender's request, the court shall accept the	9106
offender's plea of guilty and waiver of the defendant's right to a	9107
speedy trial, the preliminary hearing, the time period within	9108
which the grand jury may consider an indictment against the	9109
offender, and arraignment, unless the hearing, indictment, or	9110
arraignment has already occurred. In addition, the court then may	9111
stay all criminal proceedings and order the offender to comply	9112
with all terms and conditions imposed by the court pursuant to	9113
division (D) of this section. If the court finds that the	9114
offender is not eligible or does not grant the offender's request,	9115
the criminal proceedings against the offender shall proceed as if	9116
the offender's request for intervention in lieu of conviction had	9117
not been made.	9118

(D) If the court grants an offender's request for	9119
intervention in lieu of conviction, the court shall place the	9120
offender under the general control and supervision of the county	9121
probation department, the adult parole authority, or another	9122
appropriate local probation or court services agency, if one	9123
exists, as if the offender was subject to a community control	9124
sanction imposed under section 2929.15 or, 2929.18, or 2929.25 of	9125
the Revised Code or was on probation under sections 2929.51 and	9126
2951.02 of the Revised Code and other provisions of the	9127
misdemeanor sentencing law. The court shall establish an	9128
intervention plan for the offender. The terms and conditions of	9129
the intervention plan shall require the offender, for at least one	9130
year from the date on which the court grants the order of	9131
intervention in lieu of conviction, to abstain from the use of	9132
illegal drugs and alcohol and to submit to regular random testing	9133
for drug and alcohol use and may include any other treatment terms	9134
and conditions, or terms and conditions similar to community	9135
control sanctions, that are ordered by the court.	9136

(E) If the court grants an offender's request for	9137
intervention in lieu of conviction and the court finds that the	9138
offender has successfully completed the intervention plan for the	9139
offender, including the requirement that the offender abstain from	9140
using drugs and alcohol for a period of at least one year from the	9141
date on which the court granted the order of intervention in lieu	9142
of conviction and all other terms and conditions ordered by the	9143
court, the court shall dismiss the proceedings against the	9144
offender. Successful completion of the intervention plan and	9145
period of abstinence under this section shall be without	9146
adjudication of guilt and is not a criminal conviction for	9147
purposes of any disqualification or disability imposed by law and	9148
upon conviction of a crime, and the court may order the sealing of	9149
records related to the offense in question in the manner provided	9150
in sections 2953.31 to 2953.36 of the Revised Code.	9151

(F) If the court grants an offender's request for	9152
intervention in lieu of conviction and the offender fails to	9153
comply with any term or condition imposed as part of the	9154
intervention plan for the offender, the supervising authority for	9155
the offender promptly shall advise the court of this failure, and	9156
the court shall hold a hearing to determine whether the offender	9157
failed to comply with any term or condition imposed as part of the	9158
plan. If the court determines that the offender has failed to	9159
comply with any of those terms and conditions, it shall enter a	9160
finding of guilty and shall impose an appropriate sanction under	9161
Chapter 2929. of the Revised Code.	9162

(G) As used in this section:

9163

(1) "Community control sanction" has the same meaning as in	9164
section 2929.01 of the Revised Code.	9165

(2) "Intervention in lieu of conviction" means any	9166
court-supervised activity that complies with this section.	9167

(3) "Peace officer" has the same meaning as in section	9168
2935.01 of the Revised Code.	9169

Sec. 2951.05.  (A) If an offender mentioned in section	9170
2951.02 of the Revised Code resides in the county in which the	9171
trial was conducted, the court that issues an order of probation	9172
shall place the offender under the control and supervision of a	9173
department of probation in the county that serves the court. If	9174
there is no department of probation in the county that serves the	9175
court, the probation order, under section 2301.32 of the Revised	9176
Code, may place the offender on probation in charge of the adult	9177
parole authority created by section 5149.02 of the Revised Code	9178
that then shall have the powers and duties of a county department	9179
of probation. If the offender resides in a county other than the	9180
county in which the court granting probation is located and a	9181
county department of probation has been established in the county	9182
of residence or the county of residence is served by a multicounty	9183
probation department, the order of probation may request the court	9184
of common pleas of the county in which the offender resides to	9185
receive the offender into the control and supervision of that	9186
county or multicounty department of probation, subject to the	9187
jurisdiction of the trial judge over and with respect to the	9188
person of the offender, and to the rules governing that department	9189
of probation. If the offender's county of residence has no county	9190
or multicounty department of probation, the judge may place the	9191
offender on probation in charge of the adult parole authority	9192
created by section 5149.02 of the Revised Code.	9193

(B)(1) A county department of probation, a multicounty	9194
department of probation, or the adult parole authority, as	9195
appropriate under division (A) of this section, that has general	9196
control and supervision of offenders who are required to submit to	9197
random drug testing under division (C)(1)(c)(A)(1)(a) of section	9198
2951.022929.25 of the Revised Code or who are subject to a	9199
nonresidential sanction that includes random drug testing under	9200
section 2929.17 or 2929.27 of the Revised Code, may cause each	9201
offender to submit to random drug testing performed by a	9202
laboratory or entity that has entered into a contract with any of	9203
the governmental entities or officers authorized to enter into a	9204
contract with that laboratory or entity under section 341.26,	9205
753.33, or 5120.63 of the Revised Code.	9206

(2) If no laboratory or entity described in division	9207
(B)(A)(1) of this section has entered into a contract as specified	9208
in those divisionsthat division, the county department of	9209
probation, the multicounty department of probation, or the adult	9210
parole authority, as appropriate, that has general control and	9211
supervision of offenders described in division (B)(1) of this	9212
section shall cause the offender to submit to random drug testing	9213
performed by a reputable public laboratory to determine whether	9214
the individual who is the subject of the drug test ingested or was	9215
injected with a drug of abuse.	9216

(3) A laboratory or entity that has entered into a contract	9217
pursuant toas specified in division (A)(1) of this section	9218
341.26, 753.33, or 5120.63 of the Revised Code shall perform the	9219
random drug testing under division (B)(1) of this section in	9220
accordance with the applicable standards that are included in the	9221
terms of that contract. A public laboratory shall perform the	9222
random drug tests under division (B)(3) of this section in	9223
accordance with the standards set forth in the policies and	9224
procedures established by the department of rehabilitation and	9225
correction pursuant to section 5120.63 of the Revised Code. An	9226
offender who is required to submit to random drug testing under	9227
division (C)(1)(c) of section 2951.02 of the Revised Code or who	9228
is subject to a nonresidential sanction that includes random drug	9229
testing under section 2929.17 or 2929.27 of the Revised Code shall	9230
pay the fee for the drug test if the test results indicate that	9231
the offender ingested or was injected with a drug of abuse and if	9232
the county department of probation, the multicounty department of	9233
probation, or the adult parole authority that has general control	9234
and supervision of the offender requires payment of a fee. A	9235
laboratory or entity that performs the random drug testing on an	9236
offender under division (B)(1) or (2) of this section shall	9237
transmit the results of the drug test to the appropriate county	9238
probation department, multicounty probation department, or adult	9239
parole authority that has general control and supervision of the	9240
offender.	9241

(C)(B) As used in this section:

9242

(1) "Multicounty department of probation" means a probation	9243
department established under section 2301.27 of the Revised Code	9244
to serve more than one county.	9245

(2) "Random drug testing" has the same meaning as in section	9246
5120.63 of the Revised Code.	9247

Sec. 2951.06.  Upon entry in the records of the judge or	9248
magistrate, of the order for probationsentence of a community	9249
control sanction provided for in section 2951.022929.15or	9250
2929.25 of the Revised Code, the defendant shall be released from	9251
custody as soon as the requirements and conditions required by the	9252
judge supervising the probation,community control sanction have	9253
been met. The defendant shall continue under the control and	9254
supervision of the adult parole authority created by section	9255
5149.02 of the Revised Code or the county department of	9256
appropriate probation agency, to the extent required by law, the	9257
conditions of the order of probationcommunity control sanction,	9258
and the rules and regulations governing said agency ofthe	9259
probation agency.	9260

Sec. 2951.07. Probation under section 2951.02 of the Revised	9261
CodeA community control sanction continues for the period that	9262
the judge or magistrate determines and, subject to division	9263
(F)(1)(a) of thatthe five-year limit specified in section 2929.15	9264
or2929.25of the Revised Code, may be extended. Except as	9265
provided in division (F)(1)(a) of that section, the total period	9266
of an offender's probation shall not exceed five years. If the	9267
probationeroffender under community control absconds or otherwise	9268
absents himself or herself fromleaves the jurisdiction of the	9269
court without permission from the county department of probation	9270
officer, the probation agency, or the court to do so, or if the	9271
probationeroffender is confined in any institution for the	9272
commission of any offense whatever, the probation period of	9273
community control ceases to run until suchthe time asthat the	9274
probationeroffender is brought before the court for its further	9275
action.	9276

Sec. 2951.08.  (A) During a period of probation or community	9277
control, any field officer or probation officer may arrest the	9278
person on probation or under a community control sanction without	9279
a warrant and bring the person before the judge or magistrate	9280
before whom the cause was pending. During a period of probation	9281
or community control, any peace officer may arrest the person on	9282
probation or under a community control sanction without a warrant	9283
upon the written order of the chief county probation officer of	9284
the probation agency if the person on probation or under a	9285
community control sanction is under the supervision of that county	9286
department of probation agency or on the order of an officer of	9287
the adult parole authority created pursuant to section 5149.02 of	9288
the Revised Code if the person on probation or under a community	9289
control sanction is under the supervision of the authority. During	9290
a period of probation or community control, any peace officer may	9291
arrest the person on probation or under a community control	9292
sanction on the warrant of the judge or magistrate before whom the	9293
cause was pending.	9294

During a period of probation or community control, any peace	9295
officer may arrest the person on probation or under a community	9296
control sanction without a warrant if the peace officer has	9297
reasonable ground to believe that the person has violated or is	9298
violating any of the following that is a condition of the person's	9299
probation or of the person's community control sanction:	9300

(1) A condition that prohibits ownership, possession, or use	9301
of a firearm, deadly weapon, ammunition, or dangerous ordnance;	9302

(2) A condition that prohibits the person from being within	9303
a specified structure or geographic area;	9304

(3) A condition that confines the person to a residence,	9305
facility, or other structure;	9306

(4) A condition that prohibits the person from contacting or	9307
communicating with any specified individual;	9308

(5) A condition that prohibits the person from associating	9309
with a specified individual;	9310

(6) A condition as provided in division (C)(1)(c)(A)(1)(a)	9311
of section 2951.022929.25 of the Revised Code or in division	9312
(A)(1) of section 2929.15 or (A)(8) of section 2929.27 of the	9313
Revised Code that requires that the person not ingest or be	9314
injected with a drug of abuse and submit to random drug testing	9315
and requires that the results of the drug test indicate that the	9316
person did not ingest or was not injected with a drug of abuse.	9317

(B) Upon making an arrest under this section, the arresting	9318
field officer, probation officer, or peace officer or the	9319
department or agency of the arresting officer promptly shall	9320
notify the chief probation officer or the chief probation	9321
officer's designee that the person has been arrested. Upon being	9322
notified that a peace officer has made an arrest under this	9323
section, the chief probation officer or designee, or another	9324
probation officer designated by the chief probation officer,	9325
promptly shall bring the person who was arrested before the judge	9326
or magistrate before whom the cause was pending.	9327

(C) Nothing in this section limits the powers of arrest	9328
granted to certain law enforcement officers and citizens under	9329
sections 2935.03 and 2935.04 of the Revised Code.	9330

(D) A probation officer shall receive the actual and	9331
necessary expenses incurred in the performance of the officer's	9332
duties.	9333

(E) As used in this section:

9334

(1) "Peace officer" has the same meaning as in section	9335
2935.01 of the Revised Code.	9336

(2) "Firearm," "deadly weapon," and "dangerous ordnance"	9337
have the same meanings as in section 2923.11 of the Revised Code.	9338

(3) "Community control sanction" has the same meaning as in	9339
section 2929.01 of the Revised Code.	9340

(4) "Random, "random drug testing" has the same meaning as	9341
in section 5120.63 of the Revised Code.	9342

Sec. 2951.10.  An order suspending the imposition of a	9343
sentence for a misdemeanor under section 2929.25 of the Revised	9344
Code and placing the defendant on probationunder a community	9345
control sanction is a final order from which appeal may be	9346
prosecuted.	9347

Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the	9348
Revised Code:	9349

(A) "First offender" means anyone who has been convicted of	9350
an offense in this state or any other jurisdiction and who	9351
previously or subsequently has not been convicted of the same or a	9352
different offense in this state or any other jurisdiction. When	9353
two or more convictions result from or are connected with the same	9354
act or result from offenses committed at the same time, they shall	9355
be counted as one conviction. When two or three convictions	9356
result from the same indictment, information, or complaint, from	9357
the same plea of guilty, or from the same official proceeding, and	9358
result from related criminal acts that were committed within a	9359
three-month period but do not result from the same act or from	9360
offenses committed at the same time, they shall be counted as one	9361
conviction, provided that a court may decide as provided in	9362
division (C)(1)(a) of section 2953.32 of the Revised Code that it	9363
is not in the public interest for the two or three convictions to	9364
be counted as one conviction.	9365

For purposes of, and except as otherwise provided in, this	9366
division, a conviction for a minor misdemeanor, a conviction for a	9367
violation of any section in Chapter 4511., 4513., or 4549. of the	9368
Revised Code, or a conviction for a violation of a municipal	9369
ordinance that is substantially similar to any section in those	9370
chapters is not a previous or subsequent conviction. A conviction	9371
for a violation of section 4511.19, 4511.192, 4511.251, 4549.02,	9372
4549.021, 4549.03, 4549.042, or 4549.07 or sections 4549.41 to	9373
4549.46 of the Revised Code, or a conviction for a violation of a	9374
municipal ordinance that is substantially similar to any of those	9375
sections, shall be considered a previous or subsequent conviction.	9376

(B) "Prosecutor" means the county prosecuting attorney, city	9377
director of law, village solicitor, or similar chief legal	9378
officer, who has the authority to prosecute a criminal case in the	9379
court in which the case is filed.	9380

(C) "Bail forfeiture" means the forfeiture of bail by a	9381
defendant who is arrested for the commission of a misdemeanor,	9382
other than a defendant in a traffic case as defined in Traffic	9383
Rule 2, if the forfeiture is pursuant to an agreement with the	9384
court and prosecutor in the case.	9385

(D) "Official records" has the same meaning as in division	9386
(D) of section 2953.51 of the Revised Code.	9387

(E) "Official proceeding" has the same meaning as in section	9388
2921.01 of the Revised Code.	9389

(F) "Community control sanction" has the same meaning as in	9390
section 2929.01 of the Revised Code.	9391

(G) "Post-release control" and "post-release control	9392
sanction" have the same meanings as in section 2967.01 of the	9393
Revised Code.	9394

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	9395
of the Revised Code, a first offender may apply to the sentencing	9396
court if convicted in this state, or to a court of common pleas if	9397
convicted in another state or in a federal court, for the sealing	9398
of the conviction record. Application may be made at the	9399
expiration of three years after the offender's final discharge if	9400
convicted of a felony, or at the expiration of one year after the	9401
offender's final discharge if convicted of a misdemeanor.	9402

(2) Any person who has been arrested for any misdemeanor	9403
offense and who has effected a bail forfeiture may apply to the	9404
court in which the misdemeanor criminal case was pending when bail	9405
was forfeited for the sealing of the record of the case. Except	9406
as provided in section 2953.61 of the Revised Code, the	9407
application may be filed at any time after the expiration of one	9408
year from the date on which the bail forfeiture was entered upon	9409
the minutes of the court or the journal, whichever entry occurs	9410
first.	9411

(B) Upon the filing of an application under this section,	9412
the court shall set a date for a hearing and shall notify the	9413
prosecutor for the case of the hearing on the application. The	9414
prosecutor may object to the granting of the application by filing	9415
an objection with the court prior to the date set for the hearing.	9416
The prosecutor shall specify in the objection the reasons for	9417
believing a denial of the application is justified. The court	9418
shall direct its regular probation officer, a state probation	9419
officer, or the department of probation of the county in which the	9420
applicant resides to make inquiries and written reports as the	9421
court requires concerning the applicant.	9422

(C)(1) The court shall do each of the following:

9423

(a) Determine whether the applicant is a first offender or	9424
whether the forfeiture of bail was agreed to by the applicant and	9425
the prosecutor in the case. If the applicant applies as a first	9426
offender pursuant to division (A)(1) of this section and has two	9427
or three convictions that result from the same indictment,	9428
information, or complaint, from the same plea of guilty, or from	9429
the same official proceeding, and result from related criminal	9430
acts that were committed within a three-month period but do not	9431
result from the same act or from offenses committed at the same	9432
time, in making its determination under this division, the court	9433
initially shall determine whether it is not in the public interest	9434
for the two or three convictions to be counted as one conviction.	9435
If the court determines that it is not in the public interest for	9436
the two or three convictions to be counted as one conviction, the	9437
court shall determine that the applicant is not a first offender;	9438
if the court does not make that determination, the court shall	9439
determine that the offender is a first offender.	9440

(b) Determine whether criminal proceedings are pending	9441
against the applicant;	9442

(c) If the applicant is a first offender who applies	9443
pursuant to division (A)(1) of this section, determine whether the	9444
applicant has been rehabilitated to the satisfaction of the court;	9445

(d) If the prosecutor has filed an objection in accordance	9446
with division (B) of this section, consider the reasons against	9447
granting the application specified by the prosecutor in the	9448
objection;	9449

(e) Weigh the interests of the applicant in having the	9450
records pertaining to the applicant's conviction sealed against	9451
the legitimate needs, if any, of the government to maintain those	9452
records.	9453

(2) If the court determines, after complying with division	9454
(C)(1) of this section, that the applicant is a first offender or	9455
the subject of a bail forfeiture, that no criminal proceeding is	9456
pending against the applicant, and that the interests of the	9457
applicant in having the records pertaining to the applicant's	9458
conviction or bail forfeiture sealed are not outweighed by any	9459
legitimate governmental needs to maintain those records, and that	9460
the rehabilitation of an applicant who is a first offender	9461
applying pursuant to division (A)(1) of this section has been	9462
attained to the satisfaction of the court, the court, except as	9463
provided in division (G) of this section, shall order all official	9464
records pertaining to the case sealed and, except as provided in	9465
division (F) of this section, all index references to the case	9466
deleted and, in the case of bail forfeitures, shall dismiss the	9467
charges in the case. The proceedings in the case shall be	9468
considered not to have occurred and the conviction or bail	9469
forfeiture of the person who is the subject of the proceedings	9470
shall be sealed, except that upon conviction of a subsequent	9471
offense, the sealed record of prior conviction or bail forfeiture	9472
may be considered by the court in determining the sentence or	9473
other appropriate disposition, including the relief provided for	9474
in sections 2953.31 to 2953.33 of the Revised Code.	9475

(3) Upon the filing of an application under this section,	9476
the applicant, unless indigent, shall pay a fee of fifty dollars.	9477
The court shall pay thirty dollars of the fee into the state	9478
treasury. It shall pay twenty dollars of the fee into the county	9479
general revenue fund if the sealed conviction or bail forfeiture	9480
was pursuant to a state statute, or into the general revenue fund	9481
of the municipal corporation involved if the sealed conviction or	9482
bail forfeiture was pursuant to a municipal ordinance.	9483

(D) Inspection of the sealed records included in the order	9484
may be made only by the following persons or for the following	9485
purposes:	9486

(1) By a law enforcement officer or prosecutor, or the	9487
assistants of either, to determine whether the nature and	9488
character of the offense with which a person is to be charged	9489
would be affected by virtue of the person's previously having been	9490
convicted of a crime;	9491

(2) By the parole or probation officer of the person who is	9492
the subject of the records, for the exclusive use of the officer	9493
in supervising the person while on parole or probationunder a	9494
community control sanction or a post-release control sanction, and	9495
in making inquiries and written reports as requested by the court	9496
or adult parole authority;	9497

(3) Upon application by the person who is the subject of the	9498
records, by the persons named in the application;	9499

(4) By a law enforcement officer who was involved in the	9500
case, for use in the officer's defense of a civil action arising	9501
out of the officer's involvement in that case;	9502

(5) By a prosecuting attorney or the prosecuting attorney's	9503
assistants, to determine a defendant's eligibility to enter a	9504
pre-trial diversion program established pursuant to section	9505
2935.36 of the Revised Code;	9506

(6) By any law enforcement agency or any authorized employee	9507
of a law enforcement agency or by the department of rehabilitation	9508
and correction as part of a background investigation of a person	9509
who applies for employment with the agency as a law enforcement	9510
officer or with the department as a corrections officer;	9511

(7) By any law enforcement agency or any authorized employee	9512
of a law enforcement agency, for the purposes set forth in, and in	9513
the manner provided in, section 2953.321 of the Revised Code;	9514

(8) By the bureau of criminal identification and	9515
investigation or any authorized employee of the bureau for the	9516
purpose of providing information to a board or person pursuant to	9517
division (F) or (G) of section 109.57 of the Revised Code;	9518

(9) By the bureau of criminal identification and	9519
investigation or any authorized employee of the bureau for the	9520
purpose of performing a criminal history records check on a person	9521
to whom a certificate as prescribed in section 109.77 of the	9522
Revised Code is to be awarded.	9523

When the nature and character of the offense with which a	9524
person is to be charged would be affected by the information, it	9525
may be used for the purpose of charging the person with an	9526
offense.	9527

(E) In any criminal proceeding, proof of any otherwise	9528
admissible prior conviction may be introduced and proved,	9529
notwithstanding the fact that for any such prior conviction an	9530
order of sealing previously was issued pursuant to sections	9531
2953.31 to 2953.36 of the Revised Code.	9532

(F) The person or governmental agency, office, or department	9533
that maintains sealed records pertaining to convictions or bail	9534
forfeitures that have been sealed pursuant to this section may	9535
maintain a manual or computerized index to the sealed records. The	9536
index shall contain only the name of, and alphanumeric identifiers	9537
that relate to, the persons who are the subject of the sealed	9538
records, the word "sealed," and the name of the person, agency,	9539
office, or department that has custody of the sealed records, and	9540
shall not contain the name of the crime committed. The index shall	9541
be made available by the person who has custody of the sealed	9542
records only for the purposes set forth in divisions (C), (D), and	9543
(E) of this section.	9544

(G) Notwithstanding any provision of this section or section	9545
2953.33 of the Revised Code that requires otherwise, a board of	9546
education of a city, local, exempted village, or joint vocational	9547
school district that maintains records of an individual who has	9548
been permanently excluded under sections 3301.121 and 3313.662 of	9549
the Revised Code is permitted to maintain records regarding a	9550
conviction that was used as the basis for the individual's	9551
permanent exclusion, regardless of a court order to seal the	9552
record. An order issued under this section to seal the record of	9553
a conviction does not revoke the adjudication order of the	9554
superintendent of public instruction to permanently exclude the	9555
individual who is the subject of the sealing order. An order	9556
issued under this section to seal the record of a conviction of an	9557
individual may be presented to a district superintendent as	9558
evidence to support the contention that the superintendent should	9559
recommend that the permanent exclusion of the individual who is	9560
the subject of the sealing order be revoked. Except as otherwise	9561
authorized by this division and sections 3301.121 and 3313.662 of	9562
the Revised Code, any school employee in possession of or having	9563
access to the sealed conviction records of an individual that were	9564
the basis of a permanent exclusion of the individual is subject to	9565
section 2953.35 of the Revised Code.	9566

Sec. 2953.33.  (A) Except as provided in division (G) of	9567
section 2953.32 of the Revised Code, an order to seal the record	9568
of a person's conviction restores the person who is the subject of	9569
the order to all rights and privileges not otherwise restored by	9570
termination of the sentence or probationcommunity control	9571
sanction or by final release on parole or post-release control.	9572

(B) In any application for employment, license, or other	9573
right or privilege, any appearance as a witness, or any other	9574
inquiry, except as provided in division (E) of section 2953.32 of	9575
the Revised Code, a person may be questioned only with respect to	9576
convictions not sealed, bail forfeitures not expunged under	9577
section 2953.42 of the Revised Code as it existed prior to June	9578
29, 1988, and bail forfeitures not sealed, unless the question	9579
bears a direct and substantial relationship to the position for	9580
which the person is being considered.	9581

Sec. 2961.01. (A) A person convicted of a felony under the	9582
laws of this or any other state or the United States, unless the	9583
conviction is reversed or annulled, is incompetent to be an	9584
elector or juror or to hold an office of honor, trust, or profit.	9585
When any person convicted of a felony under any law of that type	9586
is granted probation, parole, judicial release, or a conditional	9587
pardon or is released under a community control sanction or a	9588
post-release control sanction, the person is competent to be an	9589
elector during the period of probationcommunity control, parole,	9590
post-release control, or release or until the conditions of the	9591
pardon have been performed or have transpired and is competent to	9592
be an elector thereafter following final discharge. The full	9593
pardon of a convict restores the rights and privileges so	9594
forfeited under this section, but a pardon shall not release a	9595
convict from the costs of the convict's conviction in this state,	9596
unless so specified.	9597

(B)As used in this section:

9598

(1) "Community control sanction" has the same meaning as in	9599
section 2929.01 of the Revised Code.	9600

(2) "Post-release control" and "post-release control	9601
sanction" have the same meanings as in section 2967.01 of the	9602
Revised Code.	9603

Sec. 2963.01.  As used in sections 2963.01 to 2963.27,	9604
inclusive, of the Revised Code:	9605

(A) "Governor" includes any person performing the functions	9606
of governor by authority of the law of this state.	9607

(B) "Executive authority" includes the governor, and any	9608
person performing the functions of governor in a state other than	9609
this state.	9610

(C) "State," referring to a state other than this state,	9611
includes any state or territory, organized or unorganized, of the	9612
United States.	9613

(D) "Community control sanction" has the same meaning as in	9614
section 2929.01 of the Revised Code.	9615

(E) "Post-release control" and "post-release control	9616
sanction" have the same meanings as in section 2967.01 of the	9617
Revised Code.	9618

Sec. 2963.11.  When, on the oath of a credible person before	9619
any judge or magistrate of this state, any person within this	9620
state is charged with the commission of any crime in any other	9621
state and with having fled from justice, or with having been	9622
convicted of a crime in that state and having escaped from	9623
confinement, or having broken the terms of the person's bail,	9624
probation, or parole or violated the conditions of a community	9625
control sanction imposed under section 2929.16, 2929.17, or	9626
2929.18 of the Revised Code or of post-release control under	9627
section 2967.28 of the Revised Codesanction, or whenever	9628
complaint has been made before any judge or magistrate in this	9629
state setting forth on the affidavit of any credible person in	9630
another state that a crime has been committed in the other state	9631
and that the accused has been charged in that state with the	9632
commission of the crime, and, has fled from justice, or with	9633
having been convicted of a crime in that state and having escaped	9634
from confinement, or having broken the terms of bail, probation,	9635
or parole, and is believed to be in this state, the judge or	9636
magistrate shall issue a warrant directed to any peace officer,	9637
commanding the peace officer to apprehend the person named in the	9638
warrant, wherever the person may be found in this state, and to	9639
bring the person before the same or any other judge, magistrate,	9640
or court whichthat may be available in or convenient of access to	9641
the place where the arrest may be made, to answer the charge or	9642
complaint and affidavit, and a certified copy of the sworn charge	9643
or complaint and upon which the warrant is issued shall be	9644
attached to the warrant.	9645

This section does not apply to cases arising under section	9646
2963.06 of the Revised Code.	9647

Sec. 2963.20.  Whenever the governor demands a person charged	9648
with crime, or with escaping from confinement, or with breaking	9649
the terms of histhe person's bail, probation, or parole in this	9650
state or violating the conditions of a community control sanction	9651
or post-release control sanction imposed in this state, from the	9652
executive authority of any other state, or from the chief justice	9653
or an associate justice of the supreme court of the District of	9654
Columbia authorized to receive suchthat demand under the laws of	9655
the United States, hethe governor shall issue a warrant under the	9656
seal of this state, to somean agent, commanding himthe agent to	9657
receive the person so charged and convey suchthat person to the	9658
proper officer of the county in which the offense was committed.	9659

Sec. 2963.21.  When the return to this state of a person	9660
charged with crime in this state is required, the prosecuting	9661
attorney shall present to the governor a written application for a	9662
requisition for the return of the person charged. The application	9663
shall state the name of the person charged, the crime charged	9664
against the person, the approximate time, place, and circumstances	9665
of its commission, the state in which the person charged is	9666
believed to be located, and the location of the person in that	9667
state at the time the application is made. The prosecuting	9668
attorney shall certify that in the prosecuting attorney's opinion	9669
the ends of justice require the arrest and return of the person	9670
charged to this state for trial and that the proceeding is not	9671
instituted to enforce a private claim.	9672

When the return to this state is required of a person who has	9673
been convicted of a crime in this state and has escaped from	9674
confinement or broken the terms of the person's bail, probation,	9675
parole, community control sanction, or post-release control	9676
sanction, the prosecuting attorney of the county in which the	9677
offense was committed, the adult parole authority, or the warden	9678
of the institution or sheriff of the county from which escape was	9679
made shall present to the governor a written application for a	9680
requisition for the return of the person. The application shall	9681
state the person's name, the crime of which the person was	9682
convicted, the circumstances of the person's escape from	9683
confinement or of the breach of the terms of the person's bail,	9684
probation, parole, community control sanction, or post-release	9685
control sanction, the state in which the person is believed to be	9686
located, and the location of the person in that state at the time	9687
the application is made.	9688

An application presented under this section shall be verified	9689
by affidavit, executed in duplicate, and accompanied by two	9690
certified copies of the indictment returned, of the information	9691
and affidavit filed, of the complaint made to the judge or	9692
magistrate, stating the offense with which the accused is charged,	9693
of the judgment of conviction, or of the sentence. The	9694
prosecuting attorney, adult parole authority, warden, or sheriff	9695
also may attach any other affidavits or documents in duplicate	9696
that the prosecuting attorney, adult parole authority, warden, or	9697
sheriff finds proper to be submitted with the application. One	9698
copy of the application, with the action of the governor indicated	9699
by indorsement on the application, and one of the certified copies	9700
of the indictment, complaint, information, and affidavits, of the	9701
judgment of conviction, or of the sentence shall be filed in the	9702
office of the secretary of state to remain of record in that	9703
office. The other copies of all papers shall be forwarded with	9704
the governor's requisition.	9705

Sec. 2967.02.  (A) SectionsThe adult parole authority	9706
created by section 5149.02 of the Revised Code shall administer	9707
sections 2967.01 to 2967.28 of the Revised Code, and other	9708
sections of the Revised Code governing pardon, probationcommunity	9709
control sanctions, post-release control, and parole, shall be	9710
administered by the adult parole authority created by section	9711
5149.02 of the Revised Code.	9712

(B) The governor may grant a pardon after conviction, may	9713
grant an absolute and entire pardon or a partial pardon, and may	9714
grant a pardon upon conditions precedent or subsequent.	9715

(C) The adult parole authority shall supervise all parolees.	9716
The department of rehabilitation and correction has legal custody	9717
of a parolee until the authority grants the parolee a final	9718
release pursuant to section 2967.16 of the Revised Code.	9719

(D) The department of rehabilitation and correction has	9720
legal custody of a releasee until the adult parole authority	9721
grants the releasee a final release pursuant to section 2967.16 of	9722
the Revised Code.	9723

Sec. 2967.22.  Whenever it is brought to the attention of the	9724
adult parole authority or a county department of probation that a	9725
parolee, probationerperson under a community control sanction,	9726
person under transitional control, or releasee appears to be a	9727
mentally ill person subject to hospitalization by court order, as	9728
defined in section 5122.01 of the Revised Code, or a mentally	9729
retarded person subject to institutionalization by court order, as	9730
defined in section 5123.01 of the Revised Code, the parole or	9731
probation officer, subject to the approval of the chief of the	9732
adult parole authority, the designee of the chief of the adult	9733
parole authority, or the chief probation officer, may file an	9734
affidavit under section 5122.11 or 5123.71 of the Revised Code. A	9735
parolee, probationerperson under a community control sanction, or	9736
releasee who is involuntarily detained under Chapter 5122. or	9737
5123. of the Revised Code shall receive credit against the period	9738
of parole or probationcommunity control or the term of	9739
post-release control for the period of involuntary detention.	9740

If a parolee, probationerperson under a community control	9741
sanction, person under transitional control, or releasee escapes	9742
from an institution or facility within the department of mental	9743
health or the department of mental retardation and developmental	9744
disabilities, the superintendent of the institution immediately	9745
shall notify the chief of the adult parole authority or the chief	9746
probation officer. Notwithstanding the provisions of section	9747
5122.26 of the Revised Code, the procedure for the apprehension,	9748
detention, and return of the parolee, probationerperson under a	9749
community control sanction, person under transitional control, or	9750
releasee is the same as that provided for the apprehension,	9751
detention, and return of persons who escape from institutions	9752
operated by the department of rehabilitation and correction. If	9753
the escaped parolee, person under transitional control, or	9754
releasee is not apprehended and returned to the custody of the	9755
department of mental health or the department of mental	9756
retardation and developmental disabilities within ninety days	9757
after the escape, the parolee, person under transitional control,	9758
or releasee shall be discharged from the custody of the department	9759
of mental health or the department of mental retardation and	9760
developmental disabilities and returned to the custody of the	9761
department of rehabilitation and correction. If the escaped	9762
probationerperson under a community control sanction is not	9763
apprehended and returned to the custody of the department of	9764
mental health or the department of mental retardation and	9765
developmental disabilities within ninety days after the escape,	9766
the probationerperson under a community control sanction shall be	9767
discharged from the custody of the department of mental health or	9768
the department of mental retardation and developmental	9769
disabilities and returned to the custody of the court that	9770
sentenced the probationerthat person.	9771

Sec. 2967.26.  (A)(1) The department of rehabilitation and	9772
correction, by rule, may establish a transitional control program	9773
for the purpose of closely monitoring a prisoner's adjustment to	9774
community supervision during the final one hundred eighty days of	9775
the prisoner's confinement. If the department establishes a	9776
transitional control program under this division, the adult parole	9777
authority may transfer eligible prisoners to transitional control	9778
status under the program during the final one hundred eighty days	9779
of their confinement and under the terms and conditions	9780
established by the department, shall provide for the confinement	9781
as provided in this division of each eligible prisoner so	9782
transferred, and shall supervise each eligible prisoner so	9783
transferred in one or more community control sanctions. Each	9784
eligible prisoner who is transferred to transitional control	9785
status under the program shall be confined in a suitable facility	9786
that is licensed pursuant to division (C) of section 2967.14 of	9787
the Revised Code, or shall be confined in a residence the	9788
department has approved for this purpose and be monitored pursuant	9789
to an electronic monitoring device, as defined in section 2929.23	9790
of the Revised Code. If the department establishes a transitional	9791
control program under this division, the rules establishing the	9792
program shall include criteria that define which prisoners are	9793
eligible for the program, criteria that must be satisfied to be	9794
approved as a residence that may be used for confinement under the	9795
program of a prisoner that is transferred to it and procedures for	9796
the department to approve residences that satisfy those criteria,	9797
and provisions of the type described in division (C) of this	9798
section. At a minimum, the criteria that define which prisoners	9799
are eligible for the program shall provide all of the following:	9800

(a) That a prisoner is eligible for the program if the	9801
prisoner is serving a prison term or term of imprisonment for an	9802
offense committed prior to the effective date of this amendment	9803
March 17, 1998, and if, at the time at which eligibility is being	9804
determined, the prisoner would have been eligible for a furlough	9805
under this section as it existed immediately prior to the	9806
effective date of this amendmentMarch 17, 1998, or would have	9807
been eligible for conditional release under former section 2967.23	9808
of the Revised Code as that section existed immediately prior to	9809
the effective date of this amendmentMarch 17, 1998;	9810

(b) That no prisoner who is serving a mandatory prison term	9811
is eligible for the program until after expiration of the	9812
mandatory term;	9813

(c) That no prisoner who is serving a prison term or term of	9814
life imprisonment without parole imposed pursuant to section	9815
2971.03 of the Revised Code is eligible for the program.	9816

(2) At least three weeks prior to transferring to	9817
transitional control under this section a prisoner who is serving	9818
a term of imprisonment or prison term for an offense committed on	9819
or after July 1, 1996, the adult parole authority shall give	9820
notice of the pendency of the transfer to transitional control to	9821
the court of common pleas of the county in which the indictment	9822
against the prisoner was found and of the fact that the court may	9823
disapprove the transfer of the prisoner to transitional control	9824
and shall include a report prepared by the head of the state	9825
correctional institution in which the prisoner is confined. The	9826
head of the state correctional institution in which the prisoner	9827
is confined, upon the request of the adult parole authority, shall	9828
provide to the authority for inclusion in the notice sent to the	9829
court under this division a report on the prisoner's conduct in	9830
the institution and in any institution from which the prisoner may	9831
have been transferred. The report shall cover the prisoner's	9832
participation in school, vocational training, work, treatment, and	9833
other rehabilitative activities and any disciplinary action taken	9834
against the prisoner. If the court disapproves of the transfer of	9835
the prisoner to transitional control, the court shall notify the	9836
authority of the disapproval within thirty days after receipt of	9837
the notice. If the court timely disapproves the transfer of the	9838
prisoner to transitional control, the authority shall not proceed	9839
with the transfer. If the court does not timely disapprove the	9840
transfer of the prisoner to transitional control, the authority	9841
may transfer the prisoner to transitional control.	9842

(3) If the victim of an offense for which a prisoner was	9843
sentenced to a prison term or term of imprisonment has requested	9844
notification under section 2930.16 of the Revised Code and has	9845
provided the department of rehabilitation and correction with the	9846
victim's name and address, the adult parole authority, at least	9847
three weeks prior to transferring the prisoner to transitional	9848
control pursuant to this section, shall notify the victim of the	9849
pendency of the transfer and of the victim's right to submit a	9850
statement to the authority regarding the impact of the transfer of	9851
the prisoner to transitional control. If the victim subsequently	9852
submits a statement of that nature to the authority, the authority	9853
shall consider the statement in deciding whether to transfer the	9854
prisoner to transitional control.	9855

(B) Each prisoner transferred to transitional control under	9856
this section shall be confined in the manner described in division	9857
(A) of this section during any period of time that the prisoner is	9858
not actually working at the prisoner's approved employment,	9859
engaged in a vocational training or another educational program,	9860
engaged in another program designated by the director, or engaged	9861
in other activities approved by the department.	9862

(C) The department of rehabilitation and correction shall	9863
adopt rules for transferring eligible prisoners to transitional	9864
control, supervising and confining prisoners so transferred,	9865
administering the transitional control program in accordance with	9866
this section, and using the moneys deposited into the transitional	9867
control fund established under division (E) of this section.	9868

(D) The department of rehabilitation and correction may	9869
adopt rules for the issuance of passes for the limited purposes	9870
described in this division to prisoners who are transferred to	9871
transitional control under this section. If the department adopts	9872
rules of that nature, the rules shall govern the granting of the	9873
passes and shall provide for the supervision of prisoners who are	9874
temporarily released pursuant to one of those passes. Upon the	9875
adoption of rules under this division, the department may issue	9876
passes to prisoners who are transferred to transitional control	9877
status under this section in accordance with the rules and the	9878
provisions of this division. All passes issued under this	9879
division shall be for a maximum of forty-eight hours and may be	9880
issued only for the following purposes:	9881

(1) To visit a dying relative;

9882

(2) To attend the funeral of a relative;

9883

(3) To visit with family;

9884

(4) To otherwise aid in the rehabilitation of the prisoner.

9885

(E) The adult parole authority may require a prisoner who is	9886
transferred to transitional control to pay to the division of	9887
parole and community services the reasonable expenses incurred by	9888
the division in supervising or confining the prisoner while under	9889
transitional control. Inability to pay those reasonable expenses	9890
shall not be grounds for refusing to transfer an otherwise	9891
eligible prisoner to transitional control. Amounts received by	9892
the division of parole and community services under this division	9893
shall be deposited into the transitional control fund, which is	9894
hereby created in the state treasury and which hereby replaces and	9895
succeeds the furlough services fund that formerly existed in the	9896
state treasury. All moneys that remain in the furlough services	9897
fund on the effective date of this amendmentMarch 17, 1998, shall	9898
be transferred on that date to the transitional control fund. The	9899
transitional control fund shall be used solely to pay costs	9900
related to the operation of the transitional control program	9901
established under this section. The director of rehabilitation	9902
and correction shall adopt rules in accordance with section 111.15	9903
of the Revised Code for the use of the fund.	9904

(F) A prisoner who violates any rule established by the	9905
department of rehabilitation and correction under division (A),	9906
(C), or (D) of this section may be transferred to a state	9907
correctional institution pursuant to rules adopted under division	9908
(A), (C), or (D) of this section, but the prisoner shall receive	9909
credit towards completing the prisoner's sentence for the time	9910
spent under transitional control.	9911

If a prisoner is transferred to transitional control under	9912
this section, upon successful completion of the period of	9913
transitional control, the prisoner may be released on parole or	9914
under post-release control pursuant to section 2967.13 or 2967.28	9915
of the Revised Code and rules adopted by the department of	9916
rehabilitation and correction. If the prisoner is released under	9917
post-release control, the duration of the post-release control,	9918
the type of post-release control sanctions that may be imposed,	9919
the enforcement of the sanctions, and the treatment of prisoners	9920
who violate any sanction applicable to the prisoner are governed	9921
by section 2967.28 of the Revised Code.	9922

Sec. 2969.11.  As used in sections 2969.11 to 2969.14 of the	9923
Revised Code:	9924

(A) "Crime victims recovery fund" means the fund created by	9925
division (D) of section 2929.252929.32 of the Revised Code.	9926

(B) "Victim" means a person who suffers personal injury,	9927
death, or property loss as a result of any of the following, or	9928
the beneficiaries of an action for the wrongful death of any	9929
person killed as a result of any of the following:	9930

(1) An offense committed by an offender in whose name a	9931
separate account is maintained in the crime victims recovery fund	9932
pursuant to section 2969.12 of the Revised Code;	9933

(2) The good faith effort of a person to prevent an offense	9934
committed by an offender in whose name a separate account is	9935
maintained in the crime victims recovery fund pursuant to section	9936
2969.12 of the Revised Code;	9937

(3) The good faith effort of a person to apprehend a person	9938
suspected of engaging in an offense committed by an offender in	9939
whose name a separate account is maintained in the crime victims	9940
recovery fund pursuant to section 2969.12 of the Revised Code.	9941

Sec. 2969.12.  (A) The clerk of the court of claims shall	9942
administer the crime victims recovery fund and shall maintain in	9943
the fund in the name of each offender a separate account for money	9944
received, or money received from the sale or other disposition of	9945
property, pursuant to section 2929.252929.32 of the Revised Code	9946
in connection with that offender. The clerk shall distribute the	9947
money in that separate account in accordance with division (C) of	9948
this section.	9949

(B) Notwithstanding a contrary provision of any section of	9950
the Revised Code that deals with the limitation of actions, a	9951
victim of an offense committed by an offender in whose name a	9952
separate account is maintained in the crime victims recovery fund	9953
may bring a civil action against the offender or the	9954
representatives of the offender at any time within three years	9955
after the establishment of the separate account.	9956

In order to recover from a separate account maintained in the	9957
fund in the name of an offender, a victim of that offender shall	9958
do all of the following:	9959

(1) Within the three-year period or, if the action was	9960
initiated before the separate account was established, within	9961
ninety days after the separate account is established, notify the	9962
clerk of the court of claims that a civil action has been brought	9963
against the offender or the representatives of the offender;	9964

(2) Notify the clerk of the court of claims of the entry of	9965
any judgment in the civil action;	9966

(3) Within ninety days after the judgment in the civil	9967
action is final or, if the judgment was obtained before the	9968
separate account was established, within ninety days after the	9969
separate account is established, request the clerk of the court of	9970
claims to pay from the separate account the judgment that the	9971
victim is awarded in the civil action.	9972

If a civil action is brought against an offender or the	9973
representatives of the offender after the expiration of the	9974
statute of limitations that would apply to the civil action but	9975
for this division, the court shall state in a judgment in favor of	9976
the victim that the judgment may be enforced only against the	9977
separate account maintained in the name of that offender in the	9978
crime victims recovery fund.	9979

(C)(1) The clerk of the court of claims shall not make a	9980
payment from the separate account maintained in the name of an	9981
offender in the crime victims recovery fund to a victim of the	9982
offender until the expiration of the later of the following	9983
periods:	9984

(a) The expiration of three years after the establishment of	9985
the separate account, provided that no action of which the clerk	9986
was notified under division (B)(1) of this section is pending;	9987

(b) If three years has elapsed since the establishment of	9988
the separate account and if one or more actions of which the clerk	9989
was notified under division (B)(1) of this section is pending at	9990
the expiration of that three-year period, the date of the final	9991
disposition of the last of those pending actions.	9992

(2) Upon the expiration of the applicable period of time set	9993
forth in division (C)(1) of this section, the clerk of the court	9994
of claims shall make payments from the separate account maintained	9995
in the name of the offender in the crime victims recovery fund to	9996
the victims of the offender who obtained a judgment against the	9997
offender or the representatives of the offender for damages	9998
resulting from the offense committed by the offender. The	9999
payments shall be made as provided in this division.	10000

When a separate account is maintained in the name of an	10001
offender in the crime victims recovery fund, the clerk of the	10002
court of claims shall determine on the second day of January and	10003
the first day of April, July, and October of each year the amount	10004
of money in that separate account. After the expiration of the	10005
applicable period of time set forth in division (C)(1) of this	10006
section, the clerk shall pay from that separate account any	10007
judgment for which a victim of that offender has requested payment	10008
pursuant to division (B)(3) of this section and has requested	10009
payment prior to the date of the most recent quarterly	10010
determination described in this division. If at a time that	10011
payments would be made from that separate account there are	10012
insufficient funds in that separate account to pay all of the	10013
applicable judgments against the offender or the representatives	10014
of the offender, the clerk of the court of claims shall pay the	10015
judgments on a pro rata basis.	10016

Sec. 2969.13.  All moneys that are collected pursuant to	10017
section 2929.252929.32 of the Revised Code and required to be	10018
deposited in the crime victims recovery fund shall be credited by	10019
the treasurer of state to the fund. Any interest earned on the	10020
money in the fund shall be credited to the fund.	10021

Sec. 2969.14.  (A) If a separate account has been maintained	10022
in the name of an offender in the crime victims recovery fund and	10023
if there is no further requirement to pay into the fund money, or	10024
the monetary value of property, pursuant to section 2929.25	10025
2929.32 of the Revised Code, unless otherwise ordered by a court	10026
of record in which a judgment has been rendered against the	10027
offender or the representatives of the offender, the clerk of the	10028
court of claims shall pay the money remaining in the separate	10029
account in accordance with division (B) of this section, if all of	10030
the following apply:	10031

(1) The applicable period of time that governs the making of	10032
payments from the separate account, as set forth in division	10033
(C)(1) of section 2969.12 of the Revised Code, has elapsed.	10034

(2) None of the civil actions against the offender or the	10035
representatives of the offender of which the clerk of the court of	10036
claims has been notified pursuant to division (B)(1) of section	10037
2969.12 of the Revised Code is pending.	10038

(3) All judgments for which payment was requested pursuant	10039
to division (B)(3) of section 2969.12 of the Revised Code have	10040
been paid.	10041

(B) If the clerk of the court of claims is required by	10042
division (A) of this section to pay the money remaining in the	10043
separate account established in the name of an offender in	10044
accordance with this division, the clerk shall pay the money as	10045
follows:	10046

(1) If the offender was confined for a felony in a prison or	10047
other facility operated by the department of rehabilitation and	10048
correction under a sanction imposed pursuant to section 2929.14 or	10049
2929.16 of the Revised Code, the clerk shall pay the money to the	10050
treasurer of state, in accordance with division (C)(1) of section	10051
2929.18 of the Revised Code, to cover the costs of the	10052
confinement. If any money remains in the separate account after	10053
the payment of the costs of the confinement pursuant to this	10054
division, the clerk shall pay the remaining money in accordance	10055
with divisions (B)(2), (3), and (5) of this section.	10056

(2) If the offender was confined for a felony in a facility	10057
operated by a county or a municipal corporation, after payment of	10058
any costs required to be paid under division (B)(1) of this	10059
section, the clerk shall pay the money to the treasurer of the	10060
county or of the municipal corporation that operated the facility,	10061
in accordance with division (C)(2) or (3) of section 2929.18 of	10062
the Revised Code, to cover the costs of the confinement. If more	10063
than one county or municipal corporation operated a facility in	10064
which the offender was confined, the clerk shall equitably	10065
apportion the money among each of those counties and municipal	10066
corporations. If any money remains in the separate account after	10067
the payment of the costs of the confinement pursuant to this	10068
division, the clerk shall pay the remaining money in accordance	10069
with divisions (B)(3) and (5) of this section.	10070

(3) If the offender was sentenced for a felony to any	10071
community control sanction other than a sanction described in	10072
division (B)(2) of this section, after payment of any costs	10073
required to be paid under division (B)(1) or (2) of this section,	10074
the clerk shall pay the money to the treasurer of the county or of	10075
the municipal corporation that incurred costs pursuant to the	10076
sanction, in accordance with division (C)(2) or (3) of section	10077
2929.18 of the Revised Code, to cover the costs so incurred. If	10078
more than one county or municipal corporation incurred costs	10079
pursuant to the sanction, the clerk shall equitably apportion the	10080
money among each of those counties and municipal corporations. If	10081
any money remains in the separate account after the payment of the	10082
costs of the sanction pursuant to this division, the clerk shall	10083
pay the remaining money in accordance with division (B)(5) of this	10084
section.	10085

(4) If the offender was imprisoned or incarcerated for a	10086
misdemeanor, to the treasurer of the political subdivision that	10087
operates the facility in which the offender was imprisoned or	10088
incarcerated, to cover the costs of the imprisonment or	10089
incarceration. If more than one political subdivision operated a	10090
facility in which the offender was confined, the clerk shall	10091
equitably apportion the money among each of those political	10092
subdivisions. If any money remains in the separate account after	10093
the payment of the costs of the imprisonment or incarceration	10094
under this division, the clerk shall pay the remaining money in	10095
accordance with division (B)(5) of this section.	10096

(5) If any money remains in the separate account after	10097
payment of any costs required to be paid under division (B)(1),	10098
(2), (3), or (4) of this section, or if no provision of division	10099
(B)(1), (2), (3), or (4) of this section applies, the clerk shall	10100
distribute the amount of the money remaining in the separate	10101
account as otherwise provided by law for the distribution of money	10102
paid in satisfaction of a fine, as if that amount was a fine paid	10103
by the offender.	10104

Sec. 3313.65.  (A) As used in this section and section	10105
3313.64 of the Revised Code:	10106

(1) A person is "in a residential facility" if the person is	10107
a resident or a resident patient of an institution, home, or other	10108
residential facility that is:	10109

(a) Licensed as a nursing home, residential care facility,	10110
or home for the aging by the director of health under section	10111
3721.02 of the Revised Code or licensed as a community alternative	10112
home by the director of health under section 3724.03 of the	10113
Revised Code;	10114

(b) Licensed as an adult care facility by the director of	10115
health under Chapter 3722. of the Revised Code;	10116

(c) Maintained as a county home or district home by the	10117
board of county commissioners or a joint board of county	10118
commissioners under Chapter 5155. of the Revised Code;	10119

(d) Operated or administered by a board of alcohol, drug	10120
addiction, and mental health services under section 340.03 or	10121
340.06 of the Revised Code, or provides residential care pursuant	10122
to contracts made under section 340.03 or 340.033 of the Revised	10123
Code;	10124

(e) Maintained as a state institution for the mentally ill	10125
under Chapter 5119. of the Revised Code;	10126

(f) Licensed by the department of mental health under	10127
section 5119.20 or 5119.22 of the Revised Code;	10128

(g) Licensed as a residential facility by the department of	10129
mental retardation and developmental disabilities under section	10130
5123.19 of the Revised Code;	10131

(h) Operated by the veteran's administration or another	10132
agency of the United States government;	10133

(i) The Ohio soldiers' and sailors' home.

10134

(2) A person is "in a correctional facility" if any of the	10135
following apply:	10136

(a) The person is an Ohio resident and is:

10137

(i) Imprisoned, as defined in section 1.05 of the Revised	10138
Code;	10139

(ii) Serving a term in a community-based correctional	10140
facility or a district community-based correctional facility;	10141

(iii) Required, as a condition of parole, probationa	10142
post-release control sanction, a community control sanction,	10143
transitional control, or early release from imprisonment, as a	10144
condition of shock parole or shock probation granted under the law	10145
in effect prior to July 1, 1996, or as a condition of a furlough	10146
granted under the version of section 2967.26 of the Revised Code	10147
in effect prior to the effective date of this amendmentMarch17,	10148
1998, to reside in a halfway house or other community residential	10149
center licensed under section 2967.14 of the Revised Code or a	10150
similar facility designated by the common pleas court of common	10151
pleas that established the condition or by the adult parole	10152
authority.	10153

(b) The person is imprisoned in a state correctional	10154
institution of another state or a federal correctional institution	10155
but was an Ohio resident at the time the sentence was imposed for	10156
the crime for which the person is imprisoned.	10157

(3) A person is "in a juvenile residential placement" if the	10158
person is an Ohio resident who is under twenty-one years of age	10159
and has been removed, by the order of a juvenile court, from the	10160
place the person resided at the time the person became subject to	10161
the court's jurisdiction in the matter that resulted in the	10162
person's removal.	10163

(4)"Community control sanction" has the same meaning as in	10164
section 2929.01 of the Revised Code.	10165

(5) "Post-release control sanction" has the same meaning as	10166
in section 2967.01 of the Revised Code.	10167

(B) If the circumstances described in division (C) of this	10168
section apply, the determination of what school district must	10169
admit a child to its schools and what district, if any, is liable	10170
for tuition shall be made in accordance with this section, rather	10171
than section 3313.64 of the Revised Code.	10172

(C) A child who does not reside in the school district in	10173
which the child's parent resides and for whom a tuition obligation	10174
previously has not been established under division (C)(2) of	10175
section 3313.64 of the Revised Code shall be admitted to the	10176
schools of the district in which the child resides if at least one	10177
of the child's parents is in a residential or correctional	10178
facility or a juvenile residential placement and the other parent,	10179
if living and not in such a facility or placement, is not known to	10180
reside in this state.	10181

(D) Regardless of who has custody or care of the child,	10182
whether the child resides in a home, or whether the child receives	10183
special education, if a district admits a child under division (C)	10184
of this section, tuition shall be paid to that district as	10185
follows:	10186

(1) If the child's parent is in a juvenile residential	10187
placement, by the district in which the child's parent resided at	10188
the time the parent became subject to the jurisdiction of the	10189
juvenile court;	10190

(2) If the child's parent is in a correctional facility, by	10191
the district in which the child's parent resided at the time the	10192
sentence was imposed;	10193

(3) If the child's parent is in a residential facility, by	10194
the district in which the parent resided at the time the parent	10195
was admitted to the residential facility, except that if the	10196
parent was transferred from another residential facility, tuition	10197
shall be paid by the district in which the parent resided at the	10198
time the parent was admitted to the facility from which the parent	10199
first was transferred;	10200

(4) In the event of a disagreement as to which school	10201
district is liable for tuition under division (C)(1), (2), or (3)	10202
of this section, the superintendent of public instruction shall	10203
determine which district shall pay tuition.	10204

(E) If a child covered by division (D) of this section	10205
receives special education in accordance with Chapter 3323. of the	10206
Revised Code, the tuition shall be paid in accordance with section	10207
3323.13 or 3323.14 of the Revised Code. Tuition for children who	10208
do not receive special education shall be paid in accordance with	10209
division (I) of section 3313.64 of the Revised Code.	10210

Sec. 3321.38.  (A) No parent, guardian, or other person	10211
having care of a child of compulsory school age shall violate any	10212
provision of section 3321.01, 3321.03, 3321.04, 3321.07, 3321.10,	10213
3321.19, 3321.20, or 3331.14 of the Revised Code. The juvenile	10214
court, which has exclusive original jurisdiction over any	10215
violation of this section pursuant to section 2151.23 of the	10216
Revised Code, may require a person convicted of violating this	10217
division to give bond in a sum of not more than five hundred	10218
dollars with sureties to the approval of the court, conditioned	10219
that the person will cause the child under the person's charge to	10220
attend upon instruction as provided by law, and remain as a pupil	10221
in the school or class during the term prescribed by law. If the	10222
juvenile court adjudicates the child as an unruly or delinquent	10223
child for being an habitual or chronic truant pursuant to section	10224
2151.35 of the Revised Code, the court shall warn the parent,	10225
guardian, or other person having care of the child that any	10226
subsequent adjudication of that nature involving the child may	10227
result in a criminal charge against the parent, guardian, or other	10228
person having care of the child for a violation of division (C) of	10229
section 2919.21 or section 2919.24 of the Revised Code.	10230

(B) This section does not relieve from prosecution and	10231
conviction any parent, guardian, or other person upon further	10232
violation of any provision in any of the sections specified in	10233
division (A) of this section, any provision of section 2919.222 or	10234
2919.24 of the Revised Code, or division (C) of section 2919.21 of	10235
the Revised Code. A forfeiture of the bond shall not relieve that	10236
parent, guardian, or other person from prosecution and conviction	10237
upon further violation of any provision in any of those sections	10238
or that division.	10239

(C) Section 4109.13 of the Revised Code applies to this	10240
section.	10241

(D) No parent, guardian, or other person having care of a	10242
child of compulsary school age shall fail to give bond as required	10243
by division (A) of this section in the sum of one hundred dollars	10244
with sureties as required by the court.	10245

Sec. 3345.04.  (A) As used in this section, "felony" has the	10246
same meaning as in section 109.511 of the Revised Code.	10247

(B) Subject to division (C) of this section, the board of	10248
trustees of a state university, the board of trustees of the	10249
medical college of Ohio at Toledo, the board of trustees of the	10250
northeastern Ohio universities college of medicine, the board of	10251
trustees of a state community college, and the board of trustees	10252
of a technical college or community college district operating a	10253
technical or a community college may designate one or more	10254
employees of the institution, as a state university law	10255
enforcement officer, in accordance with section 109.77 of the	10256
Revised Code, and, as state university law enforcement officers,	10257
those employees shall take an oath of office, wear the badge of	10258
office, serve as peace officers for the college or university, and	10259
give bond to the state for the proper and faithful discharge of	10260
their duties in the amount that the board of trustees requires.	10261

(C)(1) The board of trustees of an institution listed in	10262
division (B) of this section shall not designate an employee of	10263
the institution as a state university law enforcement officer	10264
pursuant to that division on a permanent basis, on a temporary	10265
basis, for a probationary term, or on other than a permanent basis	10266
if the employee previously has been convicted of or has pleaded	10267
guilty to a felony.	10268

(2)(a) The board of trustees shall terminate the employment	10269
as a state university law enforcement officer of an employee	10270
designated as a state university law enforcement officer under	10271
division (B) of this section if that employee does either of the	10272
following:	10273

(i) Pleads guilty to a felony;

10274

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	10275
plea agreement as provided in division (D) of section 2929.29	10276
2929.43 of the Revised Code in which the employee agrees to	10277
surrender the certificate awarded to the employee under section	10278
109.77 of the Revised Code.	10279

(b) The board of trustees shall suspend from employment as a	10280
state university law enforcement officer an employee designated as	10281
a state university law enforcement officer under division (B) of	10282
this section if that employee is convicted, after trial, of a	10283
felony. If the state university law enforcement officer files an	10284
appeal from that conviction and the conviction is upheld by the	10285
highest court to which the appeal is taken or if the state	10286
university law enforcement officer does not file a timely appeal,	10287
the board of trustees shall terminate the employment of that state	10288
university law enforcement officer. If the state university law	10289
enforcement officer files an appeal that results in that officer's	10290
acquittal of the felony or conviction of a misdemeanor, or in the	10291
dismissal of the felony charge against that officer, the board of	10292
trustees shall reinstate that state university law enforcement	10293
officer. A state university law enforcement officer who is	10294
reinstated under division (C)(2)(b) of this section shall not	10295
receive any back pay unless that officer's conviction of the	10296
felony was reversed on appeal, or the felony charge was dismissed,	10297
because the court found insufficient evidence to convict the	10298
officer of the felony.	10299

(3) Division (C) of this section does not apply regarding an	10300
offense that was committed prior to January 1, 1997.	10301

(4) The suspension from employment, or the termination of	10302
the employment, of a state university law enforcement officer	10303
under division (C)(2) of this section shall be in accordance with	10304
Chapter 119. of the Revised Code.	10305

Sec. 3719.12.  Unless a report has been made pursuant to	10306
section 2929.242929.42 of the Revised Code, on the conviction of	10307
a manufacturer, wholesaler, terminal distributor of dangerous	10308
drugs, pharmacist, pharmacy intern, dentist, chiropractor,	10309
physician, podiatrist, registered nurse, licensed practical nurse,	10310
physician assistant, optometrist, or veterinarian of the violation	10311
of this chapter or Chapter 2925. of the Revised Code, the	10312
prosecutor in the case promptly shall report the conviction to the	10313
board that licensed, certified, or registered the person to	10314
practice or to carry on business. The responsible board shall	10315
provide forms to the prosecutor. Within thirty days of the	10316
receipt of this information, the board shall initiate action in	10317
accordance with Chapter 119. of the Revised Code to determine	10318
whether to suspend or revoke the person's license, certificate, or	10319
registration.	10320

Sec. 3719.121.  (A) Except as otherwise provided in section	10321
4723.28, 4723.35, 4730.25, 4731.22, 4734.39, or 4734.41 of the	10322
Revised Code, the license, certificate, or registration of any	10323
dentist, chiropractor, physician, podiatrist, registered nurse,	10324
licensed practical nurse, physician assistant, pharmacist,	10325
pharmacy intern, optometrist, or veterinarian who is or becomes	10326
addicted to the use of controlled substances shall be suspended by	10327
the board that authorized the person's license, certificate, or	10328
registration until the person offers satisfactory proof to the	10329
board that the person no longer is addicted to the use of	10330
controlled substances.	10331

(B) If the board under which a person has been issued a	10332
license, certificate, or evidence of registration determines that	10333
there is clear and convincing evidence that continuation of the	10334
person's professional practice or method of prescribing or	10335
personally furnishing controlled substances presents a danger of	10336
immediate and serious harm to others, the board may suspend the	10337
person's license, certificate, or registration without a hearing.	10338
Except as otherwise provided in sections 4715.30, 4723.281,	10339
4729.16, 4730.25, 4731.22, and 4734.36 of the Revised Code, the	10340
board shall follow the procedure for suspension without a prior	10341
hearing in section 119.07 of the Revised Code. The suspension	10342
shall remain in effect, unless removed by the board, until the	10343
board's final adjudication order becomes effective, except that if	10344
the board does not issue its final adjudication order within	10345
ninety days after the hearing, the suspension shall be void on the	10346
ninety-first day after the hearing.	10347

(C) On receiving notification pursuant to section 2929.24	10348
2929.42 or 3719.12 of the Revised Code, the board under which a	10349
person has been issued a license, certificate, or evidence of	10350
registration immediately shall suspend the license, certificate,	10351
or registration of that person on a plea of guilty to, a finding	10352
by a jury or court of the person's guilt of, or conviction of a	10353
felony drug abuse offense; a finding by a court of the person's	10354
eligibility for intervention in lieu of conviction; a plea of	10355
guilty to, or a finding by a jury or court of the person's guilt	10356
of, or the person's conviction of an offense in another	10357
jurisdiction that is essentially the same as a felony drug abuse	10358
offense; or a finding by a court of the person's eligibility for	10359
treatment or intervention in lieu of conviction in another	10360
jurisdiction. The board shall notify the holder of the license,	10361
certificate, or registration of the suspension, which shall remain	10362
in effect until the board holds an adjudicatory hearing under	10363
Chapter 119. of the Revised Code.	10364

Sec. 3719.70.  (A) When testimony, information, or other	10365
evidence in the possession of a person who uses, possesses, or	10366
trafficks in any drug of abuse appears necessary to an	10367
investigation by law enforcement authorities into illicit sources	10368
of any drug of abuse, or appears necessary to successfully	10369
institute, maintain, or conclude a prosecution for any drug abuse	10370
offense, as defined in section 2925.01 of the Revised Code, a	10371
judge of the court of common pleas may grant to that person	10372
immunity from prosecution for any offense based upon the	10373
testimony, information, or other evidence furnished by that	10374
person, other than a prosecution of that person for giving false	10375
testimony, information, or other evidence.	10376

(B)(1) When a person is convicted of any misdemeanor drug	10377
abuse offense, the court, in determining whether to suspend	10378
sentence or place the person on probationunder a community	10379
control sanction pursuant to section 2929.25 of the Revised Code,	10380
shall take into consideration whether the person truthfully has	10381
revealed all information within the person's knowledge concerning	10382
illicit traffic in or use of drugs of abuse and, when required,	10383
has testified as to that information in any proceeding to obtain a	10384
search or arrest warrant against another or to prosecute another	10385
for any offense involving a drug of abuse. The information shall	10386
include, but is not limited to, the identity and whereabouts of	10387
accomplices, accessories, aiders, and abettors, if any, of the	10388
person or persons from whom any drug of abuse was obtained or to	10389
whom any drug of abuse was distributed, and of persons known or	10390
believed to be drug dependent persons, together with the location	10391
of any place or places where and the manner in which any drug of	10392
abuse is illegally cultivated, manufactured, sold, possessed, or	10393
used. The information also shall include all facts and	10394
circumstances surrounding any illicit traffic in or use of drugs	10395
of abuse of that nature.	10396

(2) If a person otherwise is eligible for intervention in	10397
lieu of conviction and being ordered to a period of rehabilitation	10398
under section 2951.041 of the Revised Code but the person has	10399
failed to cooperate with law enforcement authorities by providing	10400
them with the types of information described in division (B)(1) of	10401
this section, the person's lack of cooperation may be considered	10402
by the court under section 2951.041 of the Revised Code in	10403
determining whether to stay all criminal proceedings and order the	10404
person to a requested period of intervention.	10405

(C) In the absence of a competent and voluntary waiver of	10406
the right against self-incrimination, no information or testimony	10407
furnished pursuant to division (B) of this section shall be used	10408
in a prosecution of the person furnishing it for any offense other	10409
than a prosecution of that person for giving false testimony,	10410
information, or other evidence.	10411

Sec. 3734.44.  Notwithstanding the provisions of any law to	10412
the contrary, no permit or license shall be issued or renewed by	10413
the director of environmental protection, the hazardous waste	10414
facility board, or a board of health:	10415

(A) Unless the director, the hazardous waste facility board,	10416
or the board of health finds that the applicant, in any prior	10417
performance record in the transportation, transfer, treatment,	10418
storage, or disposal of solid wastes, infectious wastes, or	10419
hazardous waste, has exhibited sufficient reliability, expertise,	10420
and competency to operate the solid waste, infectious waste, or	10421
hazardous waste facility, given the potential for harm to human	10422
health and the environment that could result from the	10423
irresponsible operation of the facility, or, if no prior record	10424
exists, that the applicant is likely to exhibit that reliability,	10425
expertise, and competence;	10426

(B) If any individual or business concern required to be	10427
listed in the disclosure statement or shown to have a beneficial	10428
interest in the business of the applicant or the permittee, other	10429
than an equity interest or debt liability, by the investigation	10430
thereof, has been convicted of any of the following crimes under	10431
the laws of this state or equivalent laws of any other	10432
jurisdiction:	10433

(1) Murder;

10434

(2) Kidnapping;

10435

(3) Gambling;

10436

(4) Robbery;

10437

(5) Bribery;

10438

(6) Extortion;

10439

(7) Criminal usury;

10440

(8) Arson;

10441

(9) Burglary;

10442

(10) Theft and related crimes;

10443

(11) Forgery and fraudulent practices;

10444

(12) Fraud in the offering, sale, or purchase of securities;

10445

(13) Alteration of motor vehicle identification numbers;

10446

(14) Unlawful manufacture, purchase, use, or transfer of	10447
firearms;	10448

(15) Unlawful possession or use of destructive devices or	10449
explosives;	10450

(16) ViolationA violation of section 2925.03, 2925.04,	10451
2925.05, 2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of	10452
the Revised Code, unless the violation is for possession of less	10453
than one hundred grams of marihuana, less than five grams of	10454
marihuana resin or extraction or preparation of marihuana resin,	10455
or less than one gram of marihuana resin in a liquid concentrate,	10456
liquid extract, or liquid distillate form;	10457

(17) Engaging in a pattern of corrupt activity under section	10458
2923.32 of the Revised Code;	10459

(18) ViolationA violation of the criminal provisions of	10460
Chapter 1331. of the Revised Code;	10461

(19) Any violation of the criminal provisions of any federal	10462
or state environmental protection laws, rules, or regulations that	10463
is committed knowingly or recklessly, as defined in section	10464
2901.22 of the Revised Code;	10465

(20) ViolationA violation of any provision of Chapter 2909.	10466
of the Revised Code;	10467

(21) Any offense specified in Chapter 2921. of the Revised	10468
Code.	10469

(C) Notwithstanding division (B) of this section, no	10470
applicant shall be denied the issuance or renewal of a permit or	10471
license on the basis of a conviction of any individual or business	10472
concern required to be listed in the disclosure statement or shown	10473
to have a beneficial interest in the business of the applicant or	10474
the permittee, other than an equity interest or debt liability, by	10475
the investigation thereof for any of the offenses enumerated in	10476
that division as disqualification criteria if that applicant has	10477
affirmatively demonstrated rehabilitation of the individual or	10478
business concern by a preponderance of the evidence. If any such	10479
individual was convicted of any of the offenses so enumerated that	10480
are felonies, a permit shall be denied unless five years have	10481
elapsed since the individual was fully discharged from	10482
imprisonment and parole for the offense, from a community control	10483
sanction imposed under section 2929.15 of the Revised Code, from a	10484
post-release control sanction imposed under section 2967.28 of the	10485
Revised Code for the offense, or imprisonment, probation, and	10486
parole for an offense that was committed prior to the effective	10487
date of this amendmentJuly 1, 1996. In determining whether an	10488
applicant has affirmatively demonstrated rehabilitation, the	10489
director, the hazardous waste facility board, or the board of	10490
health shall request a recommendation on the matter from the	10491
attorney general and shall consider and base the determination on	10492
the following factors:	10493

(1) The nature and responsibilities of the position a	10494
convicted individual would hold;	10495

(2) The nature and seriousness of the offense;

10496

(3) The circumstances under which the offense occurred;

10497

(4) The date of the offense;

10498

(5) The age of the individual when the offense was	10499
committed;	10500

(6) Whether the offense was an isolated or repeated	10501
incident;	10502

(7) Any social conditions that may have contributed to the	10503
offense;	10504

(8) Any evidence of rehabilitation, including good conduct	10505
in prison or in the community, counseling or psychiatric treatment	10506
received, acquisition of additional academic or vocational	10507
schooling, successful participation in correctional work release	10508
programs, or the recommendation of persons who have or have had	10509
the applicant under their supervision;	10510

(9) In the instance of an applicant that is a business	10511
concern, rehabilitation shall be established if the applicant has	10512
implemented formal management controls to minimize and prevent the	10513
occurrence of violations and activities that will or may result in	10514
permit or license denial or revocation or if the applicant has	10515
formalized those controls as a result of a revocation or denial of	10516
a permit or license. Those controls may include, but are not	10517
limited to, instituting environmental auditing programs to help	10518
ensure the adequacy of internal systems to achieve, maintain, and	10519
monitor compliance with applicable environmental laws and	10520
standards or instituting an antitrust compliance auditing program	10521
to help ensure full compliance with applicable antitrust laws. The	10522
business concern shall prove by a preponderance of the evidence	10523
that the management controls are effective in preventing the	10524
violations that are the subject of concern.	10525

(D) Unless the director, the hazardous waste facility board,	10526
or the board of health finds that the applicant has a history of	10527
compliance with environmental laws in this state and other	10528
jurisdictions and is presently in substantial compliance with, or	10529
on a legally enforceable schedule that will result in compliance	10530
with, environmental laws in this state and other jurisdictions.;	10531

(E) With respect to the approval of a permit, if the	10532
director or the hazardous waste facility board determines that	10533
current prosecutions or pending charges in any jurisdiction for	10534
any of the offenses enumerated in division (B) of this section	10535
against any individual or business concern required to be listed	10536
in the disclosure statement or shown by the investigation to have	10537
a beneficial interest in the business of the applicant other than	10538
an equity interest or debt liability are of such magnitude that	10539
they prevent making the finding required under division (A) of	10540
this section, provided that at the request of the applicant or the	10541
individual or business concern charged, the director or the	10542
hazardous waste facility board shall defer decision upon the	10543
application during the pendency of the charge.	10544

Sec. 3735.311.  (A) As used in this section, "felony" has	10545
the same meaning as in section 109.511 of the Revised Code.	10546

(B)(1) A metropolitan housing authority shall not employ a	10547
person as a member of the police force of the metropolitan housing	10548
authority on a permanent basis, on a temporary basis, for a	10549
probationary term, or on other than a permanent basis if the	10550
person previously has been convicted of or has pleaded guilty to a	10551
felony.	10552

(2)(a) A metropolitan housing authority shall terminate the	10553
employment of a member of the police force of the metropolitan	10554
housing authority who does either of the following:	10555

(i) Pleads guilty to a felony;

10556

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	10557
plea agreement as provided in division (D) of section 2929.29	10558
2929.43 of the Revised Code in which the member of the police	10559
force agrees to surrender the certificate awarded to that member	10560
under section 109.77 of the Revised Code.	10561

(b) A metropolitan housing authority shall suspend from	10562
employment a member of the police force of the metropolitan	10563
housing authority who is convicted, after trial, of a felony. If	10564
the member of the police force files an appeal from that	10565
conviction and the conviction is upheld by the highest court to	10566
which the appeal is taken or if the member of the police force	10567
does not file a timely appeal, the metropolitan housing authority	10568
shall terminate the employment of that member of the police force.	10569
If the member of the police force files an appeal that results in	10570
that member's acquittal of the felony or conviction of a	10571
misdemeanor, or in the dismissal of the felony charge against that	10572
member, the metropolitan housing authority shall reinstate that	10573
member of the police force. A member of the police force who is	10574
reinstated under division (B)(2)(b) of this section shall not	10575
receive any back pay unless that member's conviction of the felony	10576
was reversed on appeal, or the felony charge was dismissed,	10577
because the court found insufficient evidence to convict the	10578
member of the police force of the felony.	10579

(3) Division (B) of this section does not apply regarding an	10580
offense that was committed prior to January 1, 1997.	10581

(4) The suspension from employment, or the termination of	10582
the employment, of a member of the police force of a metropolitan	10583
housing authority under division (B)(2) of this section shall be	10584
in accordance with Chapter 119. of the Revised Code.	10585

Sec. 3748.99.  (A) Except as otherwise provided in division	10586
(B) of this section, whoever violates section 3748.15 of the	10587
Revised Code is guilty of a misdemeanor and shall be fined not	10588
more than one thousand dollars.	10589

(B)(1) Except as otherwise provided in division (B)(2) of	10590
this section, whoever recklessly violates section 3748.10 of the	10591
Revised Code or an order issued under division (B) of section	10592
3748.17 of the Revised Code to enforce that section is guilty of a	10593
felony of the fourth degree. Notwithstanding the statutory	10594
conventional fines specified for felonies in section 2929.18 of	10595
the Revised Code, if the court imposes a fine as a sanction, the	10596
fine shall be not less than ten thousand nor more than twenty-five	10597
thousand dollars. Each day of violation is a separate offense.	10598

(2) Upon a second or subsequent conviction of a violation of	10599
section 3748.10 of the Revised Code or an order issued under	10600
division (B) of section 3748.17 of the Revised Code to enforce	10601
that section that was committed recklessly, the offender is guilty	10602
of a felony of the fourth degree. Notwithstanding the statutory	10603
conventional fines specified for felonies in section 2929.18 of	10604
the Revised Code, if the court imposes a fine as a sanction, the	10605
fine shall be not less than twenty thousand nor more than fifty	10606
thousand dollars per day of violation. Each day of violation is a	10607
separate offense.	10608

Sec. 3793.13.  (A) Records or information, other than court	10609
journal entries or court docket entries, pertaining to the	10610
identity, diagnosis, or treatment of any patient whichthat are	10611
maintained in connection with the performance of any drug	10612
treatment program licensed by, or certified by, the director of	10613
alcohol and drug addiction services, under section 3793.11 of the	10614
Revised Code, shall be kept confidential, may be disclosed only	10615
for the purposes and under the circumstances expressly authorized	10616
under this section, and may not otherwise be divulged in any	10617
civil, criminal, administrative, or legislative proceeding.	10618

(B) When the patient, with respect to whom any record or	10619
information referred to in division (A) of this section is	10620
maintained, gives his consent in the form of a written release	10621
signed by the patient, the content of the record or information	10622
may be disclosed if the written release:	10623

(1) Specifically identifies the person, official, or entity	10624
to whom the information is to be provided;	10625

(2) Describes with reasonable specificity the record,	10626
records, or information to be disclosed; and	10627

(3) Describes with reasonable specificity the purposes of	10628
the disclosure and the intended use of the disclosed information.	10629

(C) A patient who is subject to a community control	10630
sanction, parole, probation,or a post-release control sanction or	10631
who is ordered to rehabilitation in lieu of conviction, and who	10632
has agreed to participate in a drug treatment or rehabilitation	10633
program as a condition of the community control sanction,	10634
post-release control sanction, parole, probation, or order to	10635
rehabilitation, shall be considered to have consented to the	10636
release of records and information relating to the progress of	10637
treatment, frequency of treatment, adherence to treatment	10638
requirements, and probable outcome of treatment. Release of	10639
information and records under this division shall be limited to	10640
the court or governmental personnel having the responsibility for	10641
supervising his probationthe patient's community control	10642
sanction, post-release control sanction, parole, or order to	10643
rehabilitation. A patient, described in this division, who	10644
refuses to allow disclosure may be considered in violation of the	10645
conditions of histhe patient's community control sanction,	10646
post-release control sanction, parole, probation, or order to	10647
rehabilitation.	10648

(D) Disclosure of a patient's record may be made without his	10649
the patient's consent to qualified personnel for the purpose of	10650
conducting scientific research, management, financial audits, or	10651
program evaluation, but these personnel may not identify, directly	10652
or indirectly, any individual patient in any report of the	10653
research, audit, or evaluation, or otherwise disclose a patient's	10654
identity in any manner.	10655

(E) Upon the request of a prosecuting attorney or the	10656
director of alcohol and drug addiction services, a court of	10657
competent jurisdiction may order the disclosure of records or	10658
information referred to in division (A) of this section if the	10659
court has reason to believe that a treatment program or facility	10660
is being operated or used in a manner contrary to law. The use of	10661
any information or record so disclosed shall be limited to the	10662
prosecution of persons who are or may be charged with any offense	10663
related to the illegal operation or use of the drug treatment	10664
program or facility, or to the decision to withdraw the authority	10665
of a drug treatment program or facility to continue operation. For	10666
purposes of this division the court shall:	10667

(1) Limit disclosure to those parts of the patient's record	10668
considered essential to fulfill the objective for which the order	10669
was granted;	10670

(2) Require, where appropriate, that all information be	10671
disclosed in chambers;	10672

(3) Include any other appropriate measures to keep	10673
disclosure to a minimum, consistent with the protection of the	10674
patients, the physician-patient relationship, and the	10675
administration of the drug treatment and rehabilitation program.	10676

(F) As used in this section:

10677

(1) "Community control sanction" has the same meaning as in	10678
section 2929.01 of the Revised Code.	10679

(2) "Post-release control sanction" has the same meaning as	10680
in section 2967.01 of the Revised Code.	10681

Sec. 3937.43.  (A) As used in this section:

10682

(1) "Automobile insurance policies" has the same meaning as	10683
in section 3937.30 of the Revised Code.	10684

(2) "Moving violation" means any violation of any statute or	10685
ordinance that regulates the operation of vehicles, streetcars, or	10686
trackless trolleys on highways or streets or that regulates size	10687
or load limitations or fitness requirements of vehicles. "Moving	10688
violation" does not include the violation of any statute or	10689
ordinance that regulates pedestrians or the parking of vehicles.	10690

(3)"Community control sanction" has the same meaning as in	10691
section 2929.01 of the Revised Code.	10692

(B) Every rating plan or schedule of rates for automobile	10693
insurance policies that is filed with the superintendent of	10694
insurance shall provide for an appropriate reduction in premium	10695
charges for any insured or applicant for insurance under the	10696
following conditions:	10697

(1) The applicant or insured is sixty years of age or older;

10698

(2) The applicant or insured successfully completes a motor	10699
vehicle accident prevention course, which includes classroom	10700
instruction and the passing of an examination in accordance with	10701
both of the following:	10702

(a) The state highway patrol shall approve the course and	10703
the examination. However, the state highway patrol shall not	10704
approve any correspondence course or any other course that does	10705
not provide classroom instruction.	10706

(b) The examination shall include an actual demonstration of	10707
the applicant's or insured's ability to exercise ordinary and	10708
reasonable control in the operation of a motor vehicle.	10709

(3) The applicant or insured submits to the insurer a	10710
certificate that is issued by the sponsor of the motor vehicle	10711
accident prevention course and attests to the successful	10712
completion of the course by the applicant or insured;	10713

(4) The insurer may consider the driving record of the	10714
applicant or insured in accordance with divisions (C) and (D) of	10715
this section.	10716

(C) In determining whether to grant a reduction in premium	10717
charges in accordance with this section, the insurer may consider	10718
the driving record of the insured or applicant for a three-year	10719
period prior to the successful completion of a motor vehicle	10720
accident prevention course.	10721

(D)(1) Subject to division (D)(2) of this section, every	10722
reduction in premium charges granted in accordance with this	10723
section shall be effective for an insured for a three-year period	10724
after each successful completion of a motor vehicle accident	10725
prevention course.	10726

(2) As a condition of maintaining a reduction in premium	10727
charges granted in accordance with this section, an insurer may	10728
require that the insured, during the three-year period for which	10729
the reduction has been granted, neither be involved in an accident	10730
for which the insured is primarily at fault, nor be convicted of	10731
more than one moving violation.	10732

(E) A reduction in premium charges granted in accordance	10733
with this section shall not become effective until the first full	10734
term of coverage following the successful completion of a motor	10735
vehicle accident prevention course in accordance with division (B)	10736
of this section.	10737

(F) The superintendent of the state highway patrol shall	10738
adopt rules in accordance with Chapter 119. of the Revised Code	10739
that are necessary to carry out the duties of the state highway	10740
patrol under this section.	10741

(G) This section does not apply to any automobile insurance	10742
policy issued under an assigned risk plan pursuant to section	10743
4509.70 of the Revised Code.	10744

(H) This section does not apply to circumstances in which	10745
the motor vehicle accident prevention course is required by a	10746
court as a condition of probation or suspension of sentencea	10747
community control sanction imposed for a moving violation.	10748

Sec. 3959.13.  Any person who, while licensed as an	10749
administrator, is convicted of a felony, shall report the	10750
conviction to the superintendent of insurance within thirty days	10751
of the entry date of the judgment of conviction. Within that	10752
thirty-day period, the person shall also provide the	10753
superintendent with a copy of the judgment, the probation or	10754
commitment order or the order imposing a community control	10755
sanction, and any other relevant documents.	10756

As used in this section, "community control sanction" has the	10757
same meaning as in section 2929.01 of the Revised Code.	10758

Sec. 4507.021.  (A) Every county court judge, mayor of a	10759
mayor's court, and clerk of a court of record shall keep a full	10760
record of every case in which a person is charged with any	10761
violation of sections 4511.01 to 4511.771, 4511.99, and 4513.01 to	10762
4513.36 of the Revised Code, or of any other law or ordinance	10763
regulating the operation of vehicles, streetcars, and trackless	10764
trolleys on highways or streets.	10765

A United States district court whose jurisdiction lies within	10766
this state may keep a full record of every case in which a person	10767
is charged with any violation of sections 4511.01 to 4511.771,	10768
4511.99, and 4513.01 to 4513.36 of the Revised Code, or of any	10769
other law or ordinance regulating the operation of vehicles,	10770
streetcars, and trackless trolleys on highways or streets located	10771
on federal property within this state.	10772

(B) If a person is convicted of or forfeits bail in relation	10773
to a violation of any section listed in division (A) of this	10774
section or a violation of any other law or ordinance regulating	10775
the operation of vehicles, streetcars, and trackless trolleys on	10776
highways or streets, the county court judge, mayor of a mayor's	10777
court, or clerk, within ten days after the conviction or bail	10778
forfeiture, shall prepare and immediately forward to the bureau of	10779
motor vehicles an abstract, certified by the preparer to be true	10780
and correct, of the court record covering the case in which the	10781
person was convicted or forfeited bail.	10782

If a person is convicted of or forfeits bail in relation to a	10783
violation of any section listed in division (A) of this section or	10784
a violation of any other law or ordinance regulating the operation	10785
of vehicles, streetcars, and trackless trolleys on highways or	10786
streets, a United States district court whose jurisdiction lies	10787
within this state, within ten days after the conviction or bail	10788
forfeiture, may prepare and immediately forward to the bureau an	10789
abstract, certified by the preparer to be true and correct, of the	10790
court record covering the case in which the person was convicted	10791
or forfeited bail.	10792

(C)(1) Each abstract required by division (B) of this	10793
section shall be made upon a form approved and furnished by the	10794
bureau and shall include the name and address of the person	10795
charged, the number of the person's driver's or commercial	10796
driver's license, the registration number of the vehicle involved,	10797
the nature of the offense, the date of the offense, the date of	10798
hearing, the plea, the judgment, or whether bail was forfeited,	10799
and the amount of the fine or forfeiture.	10800

If a United States district court whose jurisdiction lies	10801
within this state utilizes the provision contained in division (B)	10802
of this section and forwards an abstract to the bureau, on a form	10803
approved and furnished by the bureau, containing all the	10804
information prescribed in division (C)(1) of this section, the	10805
bureau shall accept and process the abstract in the same manner as	10806
it accepts and processes an abstract received from a county judge,	10807
mayor of a mayor's court, or clerk of a court of record.	10808

(2)(a) If a person is charged with a violation of section	10809
4511.19 of the Revised Code or a violation of any ordinance	10810
relating to operating a vehicle while under the influence of	10811
alcohol, a drug of abuse, or alcohol and a drug of abuse or	10812
relating to operating a vehicle with a prohibited concentration of	10813
alcohol in the blood, breath, or urine; if that charge is	10814
dismissed or reduced; if the person is convicted of or forfeits	10815
bail in relation to a violation of any other section of the	10816
Revised Code or of any ordinance that regulates the operation of	10817
vehicles, streetcars, and trackless trolleys on highways and	10818
streets but that does not relate to operating a vehicle while	10819
under the influence of alcohol, a drug of abuse, or alcohol and a	10820
drug of abuse or to operating a vehicle with a prohibited	10821
concentration of alcohol in the blood, breath, or urine; and if	10822
the violation of which the person was convicted or in relation to	10823
which the person forfeited bail arose out of the same facts and	10824
circumstances and the same act as did the charge that was	10825
dismissed or reduced, the abstract also shall set forth the charge	10826
that was dismissed or reduced, indicate that it was dismissed or	10827
reduced, and indicate that the violation resulting in the	10828
conviction or bail forfeiture arose out of the same facts and	10829
circumstances and the same act as did the charge that was	10830
dismissed or reduced.	10831

(b) If a charge against a person of a violation of division	10832
(B)(1) or (D)(2) of section 4507.02 of the Revised Code or any	10833
municipal ordinance that is substantially equivalent to that	10834
division is dismissed or reduced and if the person is convicted of	10835
or forfeits bail in relation to a violation of any other section	10836
of the Revised Code or any other ordinance that regulates the	10837
operation of vehicles, streetcars, and trackless trolleys on	10838
highways and streets that arose out of the same facts and	10839
circumstances as did the charge that was dismissed or reduced, the	10840
abstract also shall set forth the charge that was dismissed or	10841
reduced, indicate that it was dismissed or reduced, and indicate	10842
that the violation resulting in the conviction or bail forfeiture	10843
arose out of the same facts and circumstances and the same act as	10844
did the charge that was dismissed or reduced.	10845

(3) If a person was convicted of or pleaded guilty to a	10846
violation of division (B)(1) or (D)(2) of section 4507.02 of the	10847
Revised Code, a substantially equivalent municipal ordinance,	10848
section 4507.33 or division (A) of section 4511.19 of the Revised	10849
Code, or a municipal ordinance relating to operating a vehicle	10850
while under the influence of alcohol, a drug of abuse, or alcohol	10851
and a drug of abuse or with a prohibited concentration of alcohol	10852
in the blood, breath, or urine, and division (E) of section	10853
4503.234 of the Revised Code prohibits the registrar of motor	10854
vehicles and all deputy registrars from accepting an application	10855
for the registration of, or registering, any motor vehicle in the	10856
name of that person, the abstract shall specifically set forth	10857
these facts and clearly indicate the date on which the order of	10858
criminal forfeiture was issued or would have been issued but for	10859
the operation of division (C) of section 4503.234 or section	10860
4503.235 of the Revised Code. If the registrar receives an	10861
abstract containing this information relating to a person, the	10862
registrar, in accordance with sections 4503.12 and 4503.234 of the	10863
Revised Code, shall take all necessary measures to prevent the	10864
registrar's office or any deputy registrar from accepting from the	10865
person, for the period of time ending five years after the date on	10866
which the order was issued or would have been issued and as	10867
described in division (E) of section 4503.234 of the Revised Code,	10868
any new application for the registration of any motor vehicle in	10869
the name of the person.	10870

(D)(1) Every court of record also shall forward to the	10871
bureau an abstract of the court record as described in division	10872
(C) of this section upon the conviction of any person of	10873
aggravated vehicular homicide or vehicular homicide or of a felony	10874
in the commission of which a vehicle was used.	10875

A United States district court whose jurisdiction lies within	10876
this state also may forward to the bureau an abstract as described	10877
in division (C) of this section upon the conviction of any person	10878
of aggravated vehicular homicide or vehicular homicide or of a	10879
felony in the commission of which a vehicle was used.	10880

(2)(a) If a child has been adjudicated an unruly or	10881
delinquent child or a juvenile traffic offender for having	10882
committed any act that if committed by an adult would be a drug	10883
abuse offense, as defined in section 2925.01 of the Revised Code,	10884
or any violation of division (B) of section 2917.11 or of section	10885
4511.19 of the Revised Code, the court shall notify the bureau, by	10886
means of an abstract of the court record as described in divisions	10887
(B) and (C) of this section, within ten days after the	10888
adjudication.	10889

(b) If a court requires a child as provided in division	10890
(D)(2)(a) of this section to attend a drug abuse or alcohol abuse	10891
education, intervention, or treatment program, the abstract	10892
required by that division and forwarded to the bureau also shall	10893
include the name and address of the operator of the program and	10894
the date that the child entered the program. If the child	10895
satisfactorily completes the program, the court, immediately upon	10896
receipt of such information, shall send to the bureau an updated	10897
abstract that also shall contain the date on which the child	10898
satisfactorily completed the program.	10899

(E) The purposeful failure or refusal of the officer to	10900
comply with this section constitutes misconduct in office and is a	10901
ground for removal from the office.	10902

(F) The bureau shall record within ten days and keep all	10903
abstracts received under this section at its main office and shall	10904
maintain records of convictions and bond forfeitures for any	10905
violation of law or ordinance regulating the operation of	10906
vehicles, streetcars, and trackless trolleys on highways and	10907
streets, except as to parking a motor vehicle. The bureau also	10908
shall record any abstract of a case involving a first violation of	10909
division (D) of section 4511.21 of the Revised Code, whether or	10910
not points are to be assessed therefor, in such a manner that it	10911
becomes a part of the person's permanent record and assists a	10912
court in monitoring the assessment of points under division (G) of	10913
this section.	10914

(G) Every court of record or mayor's court before which a	10915
person is charged with a violation for which points are chargeable	10916
by this section shall assess and transcribe to the abstract of	10917
conviction report, furnished by the bureau, the number of points	10918
chargeable by this section in the correct space assigned on the	10919
reporting form. A United States district court whose jurisdiction	10920
lies within this state and before whom a person is charged with a	10921
violation for which points are chargeable by this section may	10922
assess and transcribe to the abstract of conviction report,	10923
furnished by the bureau, the number of points chargeable by this	10924
section in the correct space assigned on the reporting form. If	10925
the court so assesses and transcribes to the abstract of	10926
conviction report the number of points chargeable, the bureau	10927
shall record the points in the same manner as those assessed and	10928
transcribed by every court of record or mayor's court of this	10929
state. The points shall be assessed based on the following	10930
formula:	10931

(H) Upon receiving notification from the proper court,	11005
including a United States district court whose jurisdiction lies	11006
within this state, the bureau shall delete any points entered for	11007
bond forfeiture in the event the driver is acquitted of the	11008
offense for which bond was posted.	11009

(I) In the event a person is convicted of, or forfeits bail	11010
for two or more offenses, arising out of the same facts, and	11011
points are chargeable for each of the offenses, points shall be	11012
charged for only the conviction or bond forfeiture for which the	11013
greater number of points is chargeable, and if the number of	11014
points chargeable for each offense is equal, only one offense	11015
shall be recorded and points charged therefor.	11016

(J) Whenever the points charged against any person exceed	11017
five, the registrar shall forward to the person at the person's	11018
last known address, via regular mail, a warning letter listing the	11019
reported violations, along with the number of points charged for	11020
each, and outlining the suspension provision of this section.	11021

(K) When, upon determination of the registrar, any person	11022
has charged against the person a total of not less than twelve	11023
points within a period of two years from the date of the first	11024
conviction within the two-year period, the registrar shall send	11025
written notification to the person at the person's last known	11026
address, that the person's driver's or commercial driver's license	11027
shall be suspended for six months, effective on the twentieth day	11028
after mailing the notice, unless the person files a petition in	11029
the municipal court or the county court, or in case such person is	11030
under the age of eighteen years, in the juvenile court, in whose	11031
jurisdiction such person resides, or in the case of a nonresident,	11032
in the Franklin county municipal court. By filing an appeal the	11033
person is agreeing to pay the cost of the proceedings and is	11034
alleging that the person can show cause why the person's driving	11035
privileges should not be suspended for a period of six months.	11036

(L) Any person who has charged against the person more than	11037
five but not more than eleven points, for the purpose of obtaining	11038
a credit of two points against the total amount of points on the	11039
person's driving record, may enroll for one time only in a course	11040
of remedial driving instruction, as approved by the director of	11041
public safety. Such a credit, subject to successful completion of	11042
an approved remedial driving course taken at a time when more than	11043
five but not more than eleven points are charged against the	11044
person, shall be approved by the registrar.	11045

(M) When the driving privileges of any person are suspended	11046
by any trial judge of any court of record pursuant to section	11047
4507.16 of the Revised Code, and points are charged against the	11048
person under this section for the offense which resulted in the	11049
suspension, that period of suspension shall be credited against	11050
the time of any subsequent suspension under this section for which	11051
the points were considered in making the subsequent suspension.	11052

When the driving privileges of a person are suspended	11053
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988),	11054
18 U.S.C.A. 13, as amended, by a United States district court	11055
whose jurisdiction lies within this state and the court utilizes	11056
the provision contained in division (B) of this section, and	11057
points are charged against the person under this section for the	11058
offense that resulted in the suspension, the period of suspension	11059
imposed by the district court shall be credited against the time	11060
of any subsequent suspension imposed under this section for which	11061
the points were considered in making the subsequent suspension.	11062

(N) The registrar, upon written request of a licensee	11063
petitioning under division (K) of this section, shall furnish the	11064
licensee a copy of the registrar's record of the convictions and	11065
bond forfeitures of the person certified by the registrar. This	11066
record shall include the name, address, and birthdate of the	11067
person so charged; the number of the person's driver's or	11068
commercial driver's license; the name of the court in which each	11069
conviction or bail forfeiture took place; the nature of the	11070
offense; the date of hearing; the number of points charged against	11071
each conviction or bail forfeiture; and such other information as	11072
the registrar considers necessary. When the record includes not	11073
less than twelve points charged against the person within a	11074
two-year period, it is prima-facie evidence that the person is a	11075
repeat traffic offender and the person's driving privilege shall	11076
be suspended as provided in this section.	11077

In hearing the matter and determining whether the person has	11078
shown cause why the person's driving privileges should not be	11079
suspended, the court shall decide the issue upon the record	11080
certified by the registrar and such additional relevant,	11081
competent, and material evidence as either the registrar or the	11082
person whose license is sought to be suspended submits.	11083

In such proceedings, the registrar shall be represented by	11084
the prosecuting attorney of the county in which the person resides	11085
if the petition is filed in the county court, except where the	11086
petitioner is a resident of a city or village within the	11087
jurisdiction of a county court in which case the city director of	11088
law or village solicitor shall represent the registrar. If the	11089
petition is filed in the municipal court, the registrar shall be	11090
represented as provided in section 1901.34 of the Revised Code.	11091

If the court finds from the evidence submitted that the	11092
person has failed to show cause why the person's driving	11093
privileges should not be suspended, then the court shall assess	11094
the cost of the proceedingproceedings against the person and	11095
shall impose the suspension provided in division (K) of this	11096
section or withhold the suspension, or part thereofof the	11097
suspension, and provide suchany conditions or probation asthat	11098
the court deems proper or impose a community control sanction	11099
pursuant to section 2929.15 or 2929.25 of the Revised Code. If	11100
the court finds that the person has shown cause why the person's	11101
driving privileges should not be suspended, the cost of the	11102
proceedings shall be paid out of the county treasury of the county	11103
in which the proceedings were held.	11104

Any person whose license is suspended under this section is	11105
not entitled to apply for or receive a new license during the	11106
effective period of the suspension.	11107

Upon termination of any suspension or other penalty imposed	11108
under this section involving surrender of a license or permit and	11109
upon request of the person whose license or permit was so	11110
suspended or surrendered, the registrar shall return the license	11111
or permit to the person upon determining that all provisions of	11112
section 4507.022 of the Revised Code have been met or shall	11113
reissue the person's license or permit under section 4507.54 of	11114
the Revised Code, if the registrar destroyed the license or permit	11115
under that section.	11116

Any person whose license, permit, or privilege to operate a	11117
motor vehicle has been suspended as a repeat traffic offender	11118
under this section and who, during such suspension, drives any	11119
motor vehicle upon any highway is guilty of a misdemeanor of the	11120
first degree, and no court shall suspend the first three days of	11121
any such sentence.	11122

(O) The privilege of driving a motor vehicle on the highways	11123
or streets of this state, given to nonresidents under section	11124
4507.04 of the Revised Code, is subject to suspension by the	11125
registrar.	11126

Sec. 4507.022.  Any person whose driver's or commercial	11127
driver's license or permit is suspended, or who is put on	11128
probationplaced under a community control sanction or granted	11129
limited or occupational driving privileges, under section 4507.021	11130
or division (E) of section 4507.16 of the Revised Code, is not	11131
eligible to retain the person's license, or to have the person's	11132
driving privileges reinstated, until each of the following has	11133
occurred:	11134

(A) The person successfully completes a course of remedial	11135
driving instruction approved by the director of public safety,	11136
provided the person commences taking the course after the person's	11137
driver's or commercial driver's license or permit is suspended	11138
under section 4507.021 or division (E) of section 4507.16 of the	11139
Revised Code. A minimum of twenty-five per cent of the number of	11140
hours of instruction included in the course shall be devoted to	11141
instruction on driver attitude.	11142

The course also shall devote a number of hours to instruction	11143
in the area of alcohol and drugs and the operation of motor	11144
vehicles. The instruction shall include, but not be limited to, a	11145
review of the laws governing the operation of a motor vehicle	11146
while under the influence of alcohol, drugs, or both, the dangers	11147
of operating a motor vehicle while under the influence of alcohol,	11148
drugs, or both, and other information relating to the operation of	11149
motor vehicles and the consumption of alcoholic beverages and use	11150
of drugs. The director, in consultation with the director of	11151
alcohol and drug addiction services, shall prescribe the content	11152
of the instruction. The number of hours devoted to the area of	11153
alcohol and drugs and the operation of motor vehicles shall	11154
comprise a minimum of twenty-five per cent of the number of hours	11155
of instruction included in the course.	11156

(B) The person is examined in the manner provided for in	11157
section 4507.20 of the Revised Code, and found by the registrar of	11158
motor vehicles to be qualified to operate a motor vehicle;	11159

(C) The person gives and maintains proof of financial	11160
responsibility, in accordance with section 4509.45 of the Revised	11161
Code.	11162

As used in this section, "community control sanction" has the	11163
same meaning as in section 2929.01 of the Revised Code.	11164

Sec. 4507.16.  (A)(1) The trial judge of any court of	11165
record, in addition to or independent of all other penalties	11166
provided by law or by ordinance, shall suspend for not less than	11167
thirty days or more than three years or shall revoke the driver's	11168
or commercial driver's license or permit or nonresident operating	11169
privilege of any person who is convicted of or pleads guilty to	11170
any of the following:	11171

(a) Perjury or the making of a false affidavit under this	11172
chapter, or any other law of this state requiring the registration	11173
of motor vehicles or regulating their operation on the highway;	11174

(b) Any crime punishable as a felony under the motor vehicle	11175
laws of this state or any other felony in the commission of which	11176
a motor vehicle is used;	11177

(c) Failing to stop and disclose identity at the scene of	11178
the accident when required by law or ordinance to do so;	11179

(d) Street racing as defined in section 4511.251 of the	11180
Revised Code or any substantially similar municipal ordinance;	11181

(e) Willfully eluding or fleeing a police officer;

11182

(f) Trafficking in cigarettes with the intent to avoid	11183
payment of the cigarette tax under division (A) of section	11184
5743.112 of the Revised Code.	11185

(2) Subject to division (D)(1) of this section, the trial	11186
judge of any court of record, in addition to or independent of all	11187
other penalties provided by law or by ordinance, shall suspend the	11188
driver's or commercial driver's license or permit or nonresident	11189
operating privilege of any person who is convicted of or pleads	11190
guilty to a violation of section 2903.06 or 2903.08 of the Revised	11191
Code. The suspension shall be for the period of time specified in	11192
section 2903.06 or 2903.08 of the Revised Code, whichever is	11193
applicable.	11194

(3) If a person is convicted of or pleads guilty to a	11195
violation of section 2907.24 of the Revised Code, an attempt to	11196
commit a violation of that section, or a violation of or an	11197
attempt to commit a violation of a municipal ordinance that is	11198
substantially equivalent to that section and if the person, in	11199
committing or attempting to commit the violation, was in, was on,	11200
or used a motor vehicle, the trial judge of a court of record, in	11201
addition to or independent of all other penalties provided by law	11202
or ordinance, shall suspend for thirty days the person's driver's	11203
or commercial driver's license or permit.	11204

The trial judge of any court of record, in addition to	11205
suspensions or revocations of licenses, permits, or privileges	11206
pursuant to this division and in addition to or independent of all	11207
other penalties provided by law or by ordinance, shall impose a	11208
suspended jail sentence not to exceed six months, if imprisonment	11209
was not imposed for the offense for which the person was	11210
convicted.	11211

(4) If the trial judge of any court of record suspends or	11212
revokes the driver's or commercial driver's license or permit or	11213
nonresident operating privilege of a person who is convicted of or	11214
pleads guilty to any offense for which such suspension or	11215
revocation is provided by law or ordinance, in addition to all	11216
other penalties provided by law or ordinance, the judge may issue	11217
an order prohibiting the offender from registering, renewing, or	11218
transferring the registration of any vehicle during the period	11219
that the offender's license, permit, or privilege is suspended or	11220
revoked. The court promptly shall send a copy of the order to the	11221
registrar of motor vehicles.	11222

Upon receipt of such an order, neither the registrar nor any	11223
deputy registrar shall accept any application for the	11224
registration, registration renewal, or transfer of registration of	11225
any motor vehicle owned or leased by the person named in the order	11226
during the period that the person's license, permit, or privilege	11227
is suspended or revoked, unless the registrar is properly notified	11228
by the court that the order of suspension or revocation has been	11229
canceled. When the period of suspension or revocation expires or	11230
the order is canceled, the registrar or deputy registrar shall	11231
accept the application for registration, registration renewal, or	11232
transfer of registration of the person named in the order.	11233

(B) Except as otherwise provided in this section, the trial	11234
judge of any court of record and the mayor of a mayor's court, in	11235
addition to or independent of all other penalties provided by law	11236
or by ordinance, shall revoke the driver's or commercial driver's	11237
license or permit or nonresident operating privilege of any person	11238
who is convicted of or pleads guilty to a violation of division	11239
(A) of section 4511.19 of the Revised Code, of a municipal	11240
ordinance relating to operating a vehicle while under the	11241
influence of alcohol, a drug of abuse, or alcohol and a drug of	11242
abuse, or of a municipal ordinance that is substantially	11243
equivalent to division (A) of section 4511.19 of the Revised Code	11244
relating to operating a vehicle with a prohibited concentration of	11245
alcohol in the blood, breath, or urine or suspend the license,	11246
permit, or privilege as follows:	11247

(1) Except when division (B)(2), (3), or (4) of this section	11248
applies and the judge or mayor is required to suspend or revoke	11249
the offender's license or permit pursuant to that division, the	11250
judge or mayor shall suspend the offender's driver's or commercial	11251
driver's license or permit or nonresident operating privilege for	11252
not less than six months nor more than three years.	11253

(2) Subject to division (B)(4) of this section, if, within	11254
six years of the offense, the offender has been convicted of or	11255
pleaded guilty to one violation of division (A) or (B) of section	11256
4511.19 of the Revised Code, a municipal ordinance relating to	11257
operating a vehicle while under the influence of alcohol, a drug	11258
of abuse, or alcohol and a drug of abuse, a municipal ordinance	11259
relating to operating a motor vehicle with a prohibited	11260
concentration of alcohol in the blood, breath, or urine, section	11261
2903.04 of the Revised Code in a case in which the offender was	11262
subject to the sanctions described in division (D) of that	11263
section, section 2903.06 or 2903.08 of the Revised Code, former	11264
section 2903.07 of the Revised Code, or a municipal ordinance that	11265
is substantially similar to former section 2903.07 of the Revised	11266
Code in a case in which the jury or judge found that the offender	11267
was under the influence of alcohol, a drug of abuse, or alcohol	11268
and a drug of abuse, or a statute of the United States or of any	11269
other state or a municipal ordinance of a municipal corporation	11270
located in any other state that is substantially similar to	11271
division (A) or (B) of section 4511.19 of the Revised Code, the	11272
judge shall suspend the offender's driver's or commercial driver's	11273
license or permit or nonresident operating privilege for not less	11274
than one year nor more than five years.	11275

(3) Subject to division (B)(4) of this section, if, within	11276
six years of the offense, the offender has been convicted of or	11277
pleaded guilty to two violations described in division (B)(2) of	11278
this section, or a statute of the United States or of any other	11279
state or a municipal ordinance of a municipal corporation located	11280
in any other state that is substantially similar to division (A)	11281
or (B) of section 4511.19 of the Revised Code, the judge shall	11282
suspend the offender's driver's or commercial driver's license or	11283
permit or nonresident operating privilege for not less than one	11284
year nor more than ten years.	11285

(4) If, within six years of the offense, the offender has	11286
been convicted of or pleaded guilty to three or more violations	11287
described in division (B)(2) of this section, a statute of the	11288
United States or of any other state or a municipal ordinance of a	11289
municipal corporation located in any other state that is	11290
substantially similar to division (A) or (B) of section 4511.19 of	11291
the Revised Code, or if the offender previously has been convicted	11292
of or pleaded guilty to a violation of division (A) of section	11293
4511.19 of the Revised Code under circumstances in which the	11294
violation was a felony and regardless of when the violation and	11295
the conviction or guilty plea occurred, the judge shall suspend	11296
the offender's driver's or commercial driver's license or permit	11297
or nonresident operating privilege for a period of time set by the	11298
court but not less than three years, and the judge may permanently	11299
revoke the offender's driver's or commercial driver's license or	11300
permit or nonresident operating privilege.	11301

(5) The filing of an appeal by a person whose driver's or	11302
commercial driver's license is suspended or revoked under division	11303
(B)(1), (2), (3), or (4) of this section regarding any aspect of	11304
the person's trial or sentence does not stay the operation of the	11305
suspension or revocation.	11306

(C) The trial judge of any court of record or the mayor of a	11307
mayor's court, in addition to or independent of all other	11308
penalties provided by law or by ordinance, may suspend the	11309
driver's or commercial driver's license or permit or nonresident	11310
operating privilege of any person who violates a requirement or	11311
prohibition of the court imposed under division (F) of this	11312
section or division (G)(C)(1) of section 2951.02 of the Revised	11313
Code as follows:	11314

(1) For not more than one year, upon conviction for a first	11315
violation of the requirement or prohibition;	11316

(2) For not more than five years, upon conviction for a	11317
second or subsequent violation of the requirement or prohibition	11318
during the same period of required use of an ignition interlock	11319
device that is certified pursuant to section 4511.83 of the	11320
Revised Code.	11321

(D)(1) The trial judge of any court of record, in addition	11322
to or independent of all other penalties provided by law or by	11323
ordinance, shall permanently revoke the driver's or commercial	11324
driver's license or permit or nonresident operating privilege of	11325
any person who is convicted of or pleads guilty to a violation of	11326
section 2903.04 or 2903.06 of the Revised Code in a case in which	11327
division (D) of section 2903.04 or division (B) of section 2903.06	11328
of the Revised Code requires the judge to permanently revoke the	11329
license, permit, or privilege.	11330

(2) In addition to any prison term authorized or required by	11331
the section that establishes the offense and sections 2929.13 and	11332
2929.14 of the Revised Code, and in addition to any other sanction	11333
imposed for the offense under the section that establishes the	11334
offense or sections 2929.11 to 2929.182 of the Revised Code, the	11335
court that sentences an offender who is convicted of or pleads	11336
guilty to a violation of section 2925.02, 2925.03, 2925.04,	11337
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,	11338
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the	11339
Revised Code either shall revoke or, if it does not revoke, shall	11340
suspend for not less than six months or more than five years, as	11341
specified in the section that establishes the offense, the	11342
person's driver's or commercial driver's license or permit. If	11343
the person's driver's or commercial driver's license or permit is	11344
under suspension on the date the court imposes sentence upon the	11345
person, any revocation imposed upon the person that is referred to	11346
in division (D)(2) of this section shall take effect immediately.	11347
If the person's driver's or commercial driver's license or permit	11348
is under suspension on the date the court imposes sentence upon	11349
the person, any period of suspension imposed upon the person that	11350
is referred to in division (D)(2) of this section shall take	11351
effect on the next day immediately following the end of that	11352
period of suspension. If the person is sixteen years of age or	11353
older and is a resident of this state but does not have a current,	11354
valid Ohio driver's or commercial driver's license or permit, the	11355
court shall order the registrar to deny to the person the issuance	11356
of a driver's or commercial driver's license or permit for six	11357
months beginning on the date the court imposes a sentence upon the	11358
person. If the person has not attained the age of sixteen years	11359
on the date the court sentences the person for the violation, the	11360
period of denial shall commence on the date the person attains the	11361
age of sixteen years.	11362

(E) Except as otherwise provided in this section, the trial	11363
judge of any court of record and the mayor of a mayor's court, in	11364
addition to or independent of all other penalties provided by law	11365
or ordinance, shall suspend for not less than sixty days nor more	11366
than two years the driver's or commercial driver's license or	11367
permit or nonresident operating privilege of any person who is	11368
convicted of or pleads guilty to a violation of division (B) of	11369
section 4511.19 of the Revised Code or of a municipal ordinance	11370
substantially equivalent to that division relating to operating a	11371
vehicle with a prohibited concentration of alcohol in the blood,	11372
breath, or urine.	11373

(F)(1) A person is not entitled to request, and a judge or	11374
mayor shall not grant to the person, occupational driving	11375
privileges under division (F) of this section if a person's	11376
driver's or commercial driver's license or permit or nonresident	11377
operating privilege has been suspended pursuant to division (B) or	11378
(C) of this section or pursuant to division (F) of section	11379
4511.191 of the Revised Code, and the person, within the preceding	11380
seven years, has been convicted of or pleaded guilty to three or	11381
more violations of one or more of the following:	11382

(a) Division (A) or (B) of section 4511.19 of the Revised	11383
Code;	11384

(b) A municipal ordinance relating to operating a vehicle	11385
while under the influence of alcohol, a drug of abuse, or alcohol	11386
and a drug of abuse;	11387

(c) A municipal ordinance relating to operating a vehicle	11388
with a prohibited concentration of alcohol in the blood, breath,	11389
or urine;	11390

(d) Section 2903.04 of the Revised Code in a case in which	11391
the person was subject to the sanctions described in division (D)	11392
of that section;	11393

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	11394
section 2903.08 of the Revised Code or a municipal ordinance that	11395
is substantially similar to either of those divisions;	11396

(f) Division (A)(2), (3), or (4) of section 2903.06,	11397
division (A)(2) of section 2903.08, or former section 2903.07 of	11398
the Revised Code, or a municipal ordinance that is substantially	11399
similar to any of those divisions or that former section, in a	11400
case in which the jury or judge found that the person was under	11401
the influence of alcohol, a drug of abuse, or alcohol and a drug	11402
of abuse;	11403

(g) A statute of the United States or of any other state or	11404
a municipal ordinance of a municipal corporation located in any	11405
other state that is substantially similar to division (A) or (B)	11406
of section 4511.19 of the Revised Code.	11407

(2) Any other person who is not described in division (F)(1)	11408
of this section and whose driver's or commercial driver's license	11409
or nonresident operating privilege has been suspended under any of	11410
those divisions may file a petition that alleges that the	11411
suspension would seriously affect the person's ability to continue	11412
the person's employment. The petition of a person whose license,	11413
permit, or privilege was suspended pursuant to division (F) of	11414
section 4511.191 of the Revised Code shall be filed in the court	11415
specified in division (I)(4) of that section, and the petition of	11416
a person whose license, permit, or privilege was suspended under	11417
division (B) or (C) of this section shall be filed in the	11418
municipal, county, mayor's, or in the case of a minor, juvenile	11419
court that has jurisdiction over the place of arrest. Upon	11420
satisfactory proof that there is reasonable cause to believe that	11421
the suspension would seriously affect the person's ability to	11422
continue the person's employment, the judge of the court or mayor	11423
of the mayor's court may grant the person occupational driving	11424
privileges during the period during which the suspension otherwise	11425
would be imposed, except that the judge or mayor shall not grant	11426
occupational driving privileges for employment as a driver of	11427
commercial motor vehicles to any person who is disqualified from	11428
operating a commercial motor vehicle under section 3123.611 or	11429
4506.16 of the Revised Code or whose commercial driver's license	11430
or commercial driver's temporary intruction permit has been	11431
suspended under section 3123.58 of the Revised Code, and shall not	11432
grant occupational driving privileges during any of the following	11433
periods of time:	11434

(a) The first fifteen days of suspension imposed upon an	11435
offender whose license, permit, or privilege is suspended pursuant	11436
to division (B)(1) of this section or division (F)(1) of section	11437
4511.191 of the Revised Code. On or after the sixteenth day of	11438
suspension, the court may grant the offender occupational driving	11439
privileges, but the court may provide that the offender shall not	11440
exercise the occupational driving privileges unless the vehicles	11441
the offender operates are equipped with ignition interlock	11442
devices.	11443

(b) The first thirty days of suspension imposed upon an	11444
offender whose license, permit, or privilege is suspended pursuant	11445
to division (B)(2) of this section or division (F)(2) of section	11446
4511.191 of the Revised Code. On or after the thirty-first day of	11447
suspension, the court may grant the offender occupational driving	11448
privileges, but the court may provide that the offender shall not	11449
exercise the occupational driving privileges unless the vehicles	11450
the offender operates are equipped with ignition interlock	11451
devices.	11452

(c) The first one hundred eighty days of suspension imposed	11453
upon an offender whose license, permit, or privilege is suspended	11454
pursuant to division (B)(3) of this section or division (F)(3) of	11455
section 4511.191 of the Revised Code. The judge may grant	11456
occupational driving privileges to an offender who receives a	11457
suspension under either of those divisions on or after the one	11458
hundred eighty-first day of the suspension only if division (F) of	11459
this section does not prohibit the judge from granting the	11460
privileges and only if the judge, at the time of granting the	11461
privileges, also issues an order prohibiting the offender, while	11462
exercising the occupational driving privileges during the period	11463
commencing with the one hundred eighty-first day of suspension and	11464
ending with the first year of suspension, from operating any motor	11465
vehicle unless it is equipped with a certified ignition interlock	11466
device. After the first year of the suspension, the court may	11467
authorize the offender to continue exercising the occupational	11468
driving privileges in vehicles that are not equipped with ignition	11469
interlock devices. If the offender does not petition for	11470
occupational driving privileges until after the first year of	11471
suspension and if division (F) of this section does not prohibit	11472
the judge from granting the privileges, the judge may grant the	11473
offender occupational driving privileges without requiring the use	11474
of a certified ignition interlock device.	11475

(d) The first three years of suspension imposed upon an	11476
offender whose license, permit, or privilege is suspended pursuant	11477
to division (B)(4) of this section or division (F)(4) of section	11478
4511.191 of the Revised Code. The judge may grant occupational	11479
driving privileges to an offender who receives a suspension under	11480
either of those divisions after the first three years of	11481
suspension only if division (F) of this section does not prohibit	11482
the judge from granting the privileges and only if the judge, at	11483
the time of granting the privileges, also issues an order	11484
prohibiting the offender from operating any motor vehicle, for the	11485
period of suspension following the first three years of	11486
suspension, unless the motor vehicle is equipped with a certified	11487
ignition interlock device.	11488

(G) If a person's driver's or commercial driver's license or	11489
permit or nonresident operating privilege has been suspended under	11490
division (E) of this section, and the person, within the preceding	11491
seven years, has been convicted of or pleaded guilty to three or	11492
more violations identified in division (F)(1) of this section, the	11493
person is not entitled to request, and the judge or mayor shall	11494
not grant to the person, occupational driving privileges under	11495
this division. Any other person whose driver's or commercial	11496
driver's license or nonresident operating privilege has been	11497
suspended under division (E) of this section may file a petition	11498
that alleges that the suspension would seriously affect the	11499
person's ability to continue the person's employment. The	11500
petition shall be filed in the municipal, county, or mayor's court	11501
that has jurisdiction over the place of arrest. Upon satisfactory	11502
proof that there is reasonable cause to believe that the	11503
suspension would seriously affect the person's ability to continue	11504
the person's employment, the judge of the court or mayor of the	11505
mayor's court may grant the person occupational driving privileges	11506
during the period during which the suspension otherwise would be	11507
imposed, except that the judge or mayor shall not grant	11508
occupational driving privileges for employment as a driver of	11509
commercial motor vehicles to any person who is disqualified from	11510
operating a commercial motor vehicle under section 4506.16 of the	11511
Revised Code, and shall not grant occupational driving privileges	11512
during the first sixty days of suspension imposed upon an offender	11513
whose driver's or commercial driver's license or permit or	11514
nonresident operating privilege is suspended pursuant to division	11515
(E) of this section.	11516

(H)(1) After a driver's or commercial driver's license or	11517
permit has been suspended or revoked pursuant to this section, the	11518
judge of the court or mayor of the mayor's court that suspended or	11519
revoked the license or permit shall cause the offender to deliver	11520
the license or permit to the court. The judge, mayor, or clerk of	11521
the court or mayor's court, if the license or permit has been	11522
suspended or revoked in connection with any of the offenses listed	11523
in this section, forthwith shall forward it to the registrar with	11524
notice of the action of the court.	11525

(2) Suspension of a commercial driver's license under this	11526
section shall be concurrent with any period of disqualification	11527
under section 3123.611 or 4506.16 of the Revised Code or any	11528
period of suspension under section 3123.58 of the Revised Code. No	11529
person who is disqualified for life from holding a commercial	11530
driver's license under section 4506.16 of the Revised Code shall	11531
be issued a driver's license under this chapter during the period	11532
for which the commercial driver's license was suspended under this	11533
section, and no person whose commercial driver's license is	11534
suspended under this section shall be issued a driver's license	11535
under this chapter during the period of the suspension.	11536

(I) No judge shall suspend the first thirty days of	11537
suspension of a driver's or commercial driver's license or permit	11538
or a nonresident operating privilege required under division (A)	11539
of this section, no judge or mayor shall suspend the first six	11540
months of suspension required under division (B)(1) of this	11541
section, no judge shall suspend the first year of suspension	11542
required under division (B)(2) of this section, no judge shall	11543
suspend the first year of suspension required under division	11544
(B)(3) of this section, no judge shall suspend the first three	11545
years of suspension required under division (B)(4) of this	11546
section, no judge or mayor shall suspend the revocation required	11547
by division (D) of this section, and no judge or mayor shall	11548
suspend the first sixty days of suspension required under division	11549
(E) of this section, except that the court shall credit any period	11550
of suspension imposed pursuant to section 4511.191 or 4511.196 of	11551
the Revised Code against any time of suspension imposed pursuant	11552
to division (B) or (E) of this section as described in division	11553
(J) of this section.	11554

(J) The judge of the court or mayor of the mayor's court	11555
shall credit any time during which an offender was subject to an	11556
administrative suspension of the offender's driver's or commercial	11557
driver's license or permit or nonresident operating privilege	11558
imposed pursuant to division (E) or (F) of section 4511.191 or a	11559
suspension imposed by a judge, referee, or mayor pursuant to	11560
division (B)(1) or (2) of section 4511.196 of the Revised Code	11561
against the time to be served under a related suspension imposed	11562
pursuant to this section.	11563

(K) The judge or mayor shall notify the bureau of any	11564
determinations made, and of any suspensions or revocations	11565
imposed, pursuant to division (B) of this section.	11566

(L)(1) If a court issues an ignition interlock order under	11567
division (F) of this section, the order shall authorize the	11568
offender during the specified period to operate a motor vehicle	11569
only if it is equipped with a certified ignition interlock device.	11570
The court shall provide the offender with a copy of an ignition	11571
interlock order issued under division (F) of this section, and the	11572
copy of the order shall be used by the offender in lieu of an Ohio	11573
driver's or commercial driver's license or permit until the	11574
registrar or a deputy registrar issues the offender a restricted	11575
license.	11576

An order issued under division (F) of this section does not	11577
authorize or permit the offender to whom it has been issued to	11578
operate a vehicle during any time that the offender's driver's or	11579
commercial driver's license or permit is suspended or revoked	11580
under any other provision of law.	11581

(2) The offender may present the ignition interlock order to	11582
the registrar or to a deputy registrar. Upon presentation of the	11583
order to the registrar or a deputy registrar, the registrar or	11584
deputy registrar shall issue the offender a restricted license. A	11585
restricted license issued under this division shall be identical	11586
to an Ohio driver's license, except that it shall have printed on	11587
its face a statement that the offender is prohibited during the	11588
period specified in the court order from operating any motor	11589
vehicle that is not equipped with a certified ignition interlock	11590
device, and except that the date of commencement and the date of	11591
termination of the period shall be indicated conspicuously upon	11592
the face of the license.	11593

(3) As used in this section:

11594

(a) "Ignition interlock device" has the same meaning as in	11595
section 4511.83 of the Revised Code.	11596

(b) "Certified ignition interlock device" means an ignition	11597
interlock device that is certified pursuant to section 4511.83 of	11598
the Revised Code.	11599

Sec. 4507.99.  (A) Whoever violates division (B)(2) or	11600
(D)(1) of section 4507.02 of the Revised Code is guilty of driving	11601
under suspension or revocation or in violation of license	11602
restrictions, a misdemeanor of the first degree. Whoever violates	11603
division (C) of section 4507.02 of the Revised Code is guilty of	11604
driving without paying a license reinstatement fee, a misdemeanor	11605
of the first degree. Except as otherwise provided in division (D)	11606
of section 4507.162 of the Revised Code, the court, in addition to	11607
or independent of all other penalties provided by law, may suspend	11608
for a period not to exceed one year the driver's or commercial	11609
driver's license or permit or nonresident operating privilege of	11610
any person who pleads guilty to or is convicted of a violation of	11611
division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised	11612
Code.	11613

(B) Whoever violates division (D)(2) of section 4507.02 of	11614
the Revised Code is guilty of driving under OMVI suspension or	11615
revocation and shall be punished as provided in division (B)(1),	11616
(2), or (3) and divisions (B)(4) to (8) of this section.	11617

(1) Except as otherwise provided in division (B)(2) or (3)	11618
of this section, driving under OMVI suspension or revocation is a	11619
misdemeanor of the first degree, and the court shall sentence the	11620
offender to a jail term of imprisonment of not less than three	11621
consecutive days and may sentence the offender pursuant to section	11622
2929.212929.24 of the Revised Code to a longer jail term of	11623
imprisonment. As an alternative to the jail term of imprisonment	11624
required to be imposed by this division, but subject to division	11625
(B)(6) of this section, the court may sentence the offender to a	11626
term of not less than thirty consecutive days of electronically	11627
monitored house arrest as defined in division (A)(4) of section	11628
2929.23 of the Revised Codewith electronic monitoring. The	11629
period of electronically monitored house arrest with electronic	11630
monitoring shall not exceed six months. In addition, the court	11631
shall impose upon the offender a fine of not less than two hundred	11632
fifty and not more than one thousand dollars.	11633

Regardless of whether the vehicle the offender was operating	11634
at the time of the offense is registered in the offender's name or	11635
in the name of another person, the court, in addition to or	11636
independent of any other sentence that it imposes upon the	11637
offender and subject to section 4503.235 of the Revised Code,	11638
shall order the immobilization for thirty days of the vehicle the	11639
offender was operating at the time of the offense and the	11640
impoundment for thirty days of the identification license plates	11641
of that vehicle. The order for immobilization and impoundment	11642
shall be issued and enforced in accordance with section 4503.233	11643
of the Revised Code.	11644

(2) If, within five years of the offense, the offender has	11645
been convicted of or pleaded guilty to one violation of division	11646
(D)(2) of section 4507.02 of the Revised Code or a municipal	11647
ordinance that is substantially equivalent to that division,	11648
driving under OMVI suspension or revocation is a misdemeanor, and	11649
the court shall sentence the offender to a jail term of	11650
imprisonment of not less than ten consecutive days and may	11651
sentence the offender to a longer definite jail term of	11652
imprisonment of not more than one year. As an alternative to the	11653
jail term of imprisonment required to be imposed by this division,	11654
but subject to division (B)(6) of this section, the court may	11655
sentence the offender to a term of not less than ninety	11656
consecutive days of electronically monitored house arrest as	11657
defined in division (A)(4) of section 2929.23 of the Revised Code	11658
with electronic monitoring. The period of electronically	11659
monitored house arrest with electronic monitoring shall not exceed	11660
one year. In addition, the court shall impose upon the offender a	11661
fine of not less than five hundred and not more than two thousand	11662
five hundred dollars.	11663

Regardless of whether the vehicle the offender was operating	11664
at the time of the offense is registered in the offender's name or	11665
in the name of another person, the court, in addition to or	11666
independent of any other sentence that it imposes upon the	11667
offender and subject to section 4503.235 of the Revised Code,	11668
shall order the immobilization for sixty days of the vehicle the	11669
offender was operating at the time of the offense and the	11670
impoundment for sixty days of the identification license plates of	11671
that vehicle. The order for immobilization and impoundment shall	11672
be issued and enforced in accordance with section 4503.233 of the	11673
Revised Code.	11674

(3) If, within five years of the offense, the offender has	11675
been convicted of or pleaded guilty to two or more violations of	11676
division (D)(2) of section 4507.02 of the Revised Code or a	11677
municipal ordinance that is substantially equivalent to that	11678
division, driving under OMVI suspension or revocation is guilty of	11679
a misdemeanor. The court shall sentence the offender to a jail	11680
term of imprisonment of not less than thirty consecutive days and	11681
may sentence the offender to a longer definite jail term of	11682
imprisonment of not more than one year. The court shall not	11683
sentence the offender to a term of electronically monitored house	11684
arrest as defined in division (A)(4) of section 2929.23 of the	11685
Revised Codewith electronic monitoring. In addition, the court	11686
shall impose upon the offender a fine of not less than five	11687
hundred and not more than two thousand five hundred dollars.	11688

Regardless of whether the vehicle the offender was operating	11689
at the time of the offense is registered in the offender's name or	11690
in the name of another person, the court, in addition to or	11691
independent of any other sentence that it imposes upon the	11692
offender and subject to section 4503.235 of the Revised Code,	11693
shall order the criminal forfeiture to the state of the vehicle	11694
the offender was operating at the time of the offense. The order	11695
of criminal forfeiture shall be issued and enforced in accordance	11696
with section 4503.234 of the Revised Code.	11697

If title to a motor vehicle that is subject to an order for	11698
criminal forfeiture under this section is assigned or transferred	11699
and division (C)(2) or (3) of section 4503.234 of the Revised Code	11700
applies, in addition to or independent of any other penalty	11701
established by law, the court may fine the offender the value of	11702
the vehicle as determined by publications of the national auto	11703
dealer's association. The proceeds from any fine imposed under	11704
this division shall be distributed in accordance with division	11705
(D)(4) of section 4503.234 of the Revised Code.	11706

(4) In addition to or independent of all other penalties	11707
provided by law or ordinance, the trial judge of any court of	11708
record or the mayor of a mayor's court shall suspend for a period	11709
not to exceed one year the driver's or commercial driver's license	11710
or permit or nonresident operating privilege of an offender who is	11711
sentenced under division (B)(1), (2), or (3) of this section.	11712

(5) Fifty per cent of any fine imposed by a court under	11713
division (B)(1), (2), or (3) of this section shall be deposited	11714
into the county indigent drivers alcohol treatment fund or	11715
municipal indigent drivers alcohol treatment fund under the	11716
control of that court, as created by the county or municipal	11717
corporation pursuant to division (N) of section 4511.191 of the	11718
Revised Code.	11719

(6) No court shall impose the alternative sentence of not	11720
less than thirty consecutive days of electronically monitored	11721
house arrest with electronic monitoring permitted to be imposed by	11722
division (B)(1) of this section or the alternative sentence of a	11723
term of not less than ninety consecutive days of electronically	11724
monitored house arrest with electronic monitoring permitted to be	11725
imposed by division (B)(2) of this section, unless within sixty	11726
days of the date of sentencing, the court issues a written	11727
finding, entered into the record, that, due to the unavailability	11728
of space at the incarceration facility where the offender is	11729
required to serve the jail term of imprisonment imposed upon the	11730
offender, the offender will not be able to begin serving that jail	11731
term of imprisonment within the sixty-day period following the	11732
date of sentencing. If the court issues such a finding, the court	11733
may impose the alternative sentence comprised of or including	11734
electronically monitored house arrest with electronic monitoring	11735
permitted to be imposed by division (B)(1) or (2) of this section.	11736

(7) An offender sentenced under this section to a period of	11737
electronically monitored house arrest with electronic monitoring	11738
shall be permitted work release during such period. The duration	11739
of the work release shall not exceed the time necessary each day	11740
for the offender to commute to and from the place of employment	11741
and the offender's home or other place specified by the sentencing	11742
court and the time actually spent under employment.	11743

(8) Suspension of a commercial driver's license under this	11744
section shall be concurrent with any period of disqualification	11745
under section 3123.611 or 4506.16 of the Revised Code or any	11746
period of suspension under section 3123.58 of the Revised Code. No	11747
person who is disqualified for life from holding a commercial	11748
driver's license under section 4506.16 of the Revised Code shall	11749
be issued a driver's license under this chapter during the period	11750
for which the commercial driver's license was suspended under this	11751
section, and no person whose commercial driver's license is	11752
suspended under this section shall be issued a driver's license	11753
under this chapter during the period of the suspension.	11754

(9) As used in division (B) of this section "electronic	11755
monitoring" has the same meaning as in section 2929.01 of the	11756
Revised Code.	11757

(C) Whoever violates division (B)(1) of section 4507.02 of	11758
the Revised Code is guilty of driving under financial	11759
responsibility law suspension or revocation and shall be punished	11760
as provided in division (C)(1), (2), or (3) and division (C)(4) of	11761
this section.	11762

(1) Except as otherwise provided in division (C)(2) or (3)	11763
of this section, driving under financial responsibility law	11764
suspension or revocation is a misdemeanor of the first degree.	11765

Regardless of whether the vehicle the offender was operating	11766
at the time of the offense is registered in the offender's name or	11767
in the name of another person, the court, in addition to or	11768
independent of any other sentence that it imposes upon the	11769
offender and subject to section 4503.235 of the Revised Code,	11770
shall order the immobilization for thirty days of the vehicle the	11771
offender was operating at the time of the offense and the	11772
impoundment for thirty days of the identification license plates	11773
of that vehicle. The order for immobilization and impoundment	11774
shall be issued and enforced in accordance with section 4503.233	11775
of the Revised Code.	11776

(2) If, within five years of the offense, the offender has	11777
been convicted of or pleaded guilty to one violation of division	11778
(B)(1) of section 4507.02 of the Revised Code or a municipal	11779
ordinance that is substantially equivalent to that division,	11780
driving under financial responsibility law suspension or	11781
revocation is a misdemeanor of the first degree.	11782

Regardless of whether the vehicle the offender was operating	11783
at the time of the offense is registered in the offender's name or	11784
in the name of another person, the court, in addition to or	11785
independent of any other sentence that it imposes upon the	11786
offender and subject to section 4503.235 of the Revised Code,	11787
shall order the immobilization for sixty days of the vehicle the	11788
offender was operating at the time of the offense and the	11789
impoundment for sixty days of the identification license plates of	11790
that vehicle. The order for immobilization and impoundment shall	11791
be issued and enforced in accordance with section 4503.233 of the	11792
Revised Code.	11793

(3) If, within five years of the offense, the offender has	11794
been convicted of or pleaded guilty to two or more violations of	11795
division (B)(1) of section 4507.02 of the Revised Code or a	11796
municipal ordinance that is substantially equivalent to that	11797
division, driving under financial responsibility law suspension or	11798
revocation is a misdemeanor of the first degree.	11799

Regardless of whether the vehicle the offender was operating	11800
at the time of the offense is registered in the offender's name or	11801
in the name of another person, the court, in addition to or	11802
independent of any other sentence that it imposes upon the	11803
offender and subject to section 4503.235 of the Revised Code,	11804
shall order the criminal forfeiture to the state of the vehicle	11805
the offender was operating at the time of the offense. The order	11806
of criminal forfeiture shall be issued and enforced in accordance	11807
with section 4503.234 of the Revised Code.	11808

If title to a motor vehicle that is subject to an order for	11809
criminal forfeiture under this section is assigned or transferred	11810
and division (C)(2) or (3) of section 4503.234 of the Revised Code	11811
applies, in addition to or independent of any other penalty	11812
established by law, the court may fine the offender the value of	11813
the vehicle as determined by publications of the national auto	11814
dealer's association. The proceeds from any fine imposed under	11815
this division shall be distributed in accordance with division	11816
(D)(4) of section 4503.234 of the Revised Code.	11817

(4) Except as otherwise provided in division (D) of section	11818
4507.162 of the Revised Code, the court, in addition to or	11819
independent of all other penalties provided by law, may suspend	11820
for a period not to exceed one year the driver's or commercial	11821
driver's license or permit or nonresident operating privilege of	11822
an offender who is sentenced under division (C)(1), (2), or (3) of	11823
this section.	11824

(5) The court shall not release a vehicle from the	11825
immobilization ordered under division (C)(1) or (2) of this	11826
section unless the court is presented with current proof of	11827
financial responsibility with respect to that vehicle.	11828

(D) Whoever violates division (A)(1) or (3) of section	11829
4507.02 of the Revised Code by operating a motor vehicle when the	11830
offender's driver's or commercial driver's license has been	11831
expired for no more than six months is guilty of a minor	11832
misdemeanor. Whoever violates division (B) of section 4507.13 or	11833
division (C) of section 4507.52 of the Revised Code is guilty of a	11834
minor misdemeanor.	11835

(E) Whoever violates section 4507.33 of the Revised Code is	11836
guilty of permitting the operation of a vehicle by a person with	11837
no legal right to operate a vehicle and shall be punished as	11838
provided in division (E)(1) or (2) of this section.	11839

(1) Except as otherwise provided in division (E)(2) of this	11840
section, permitting the operation of a vehicle by a person with no	11841
legal right to operate a vehicle is a misdemeanor of the first	11842
degree. In addition to or independent of any other sentence that	11843
it imposes upon the offender and subject to section 4503.235 of	11844
the Revised Code, the court shall order the immobilization for	11845
thirty days of the vehicle involved in the offense and the	11846
impoundment for thirty days of the identification license plates	11847
of that vehicle. The order for immobilization and impoundment	11848
shall be issued and enforced in accordance with section 4503.233	11849
of the Revised Code.	11850

(2) If the offender previously has been convicted of or	11851
pleaded guilty to one or more violations of section 4507.33 of the	11852
Revised Code, permitting the operation of a vehicle by a person	11853
with no legal right to operate a vehicle is a misdemeanor of the	11854
first degree. In addition to or independent of any other sentence	11855
that it imposes upon the offender and subject to section 4503.235	11856
of the Revised Code, the court shall order the criminal forfeiture	11857
to the state of the vehicle involved in the offense. The order of	11858
criminal forfeiture shall be issued and enforced in accordance	11859
with section 4503.234 of the Revised Code.	11860

If title to a motor vehicle that is subject to an order for	11861
criminal forfeiture under this section is assigned or transferred	11862
and division (C)(2) or (3) of section 4503.234 of the Revised Code	11863
applies, in addition to or independent of any other penalty	11864
established by law, the court may fine the offender the value of	11865
the vehicle as determined by publications of the national auto	11866
dealer's association. The proceeds from any fine imposed under	11867
this division shall be distributed in accordance with division	11868
(D)(4) of section 4503.234 of the Revised Code.	11869

(F) Whoever violates division (F)(1) or (2) of section	11870
4507.05, or division (B) or (D) of section 4507.071 of the Revised	11871
Code is guilty of a minor misdemeanor.	11872

(G) Whoever violates division (G) of section 4507.21 of the	11873
Revised Code shall be fined one hundred dollars.	11874

(H) Except as provided in divisions (A) to (E) of this	11875
section and unless another penalty is provided by the laws of this	11876
state, whoever violates any provision of sections 4507.01 to	11877
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a	11878
misdemeanor of the first degree.	11879

(I) Whenever a person is found guilty of a violation of	11880
section 4507.32 of the Revised Code, the trial judge of any court	11881
of record, in addition to or independent of all other penalties	11882
provided by law or ordinance, may suspend for any period of time	11883
not exceeding three years or revoke the license of any person,	11884
partnership, association, or corporation, issued under section	11885
4511.763 of the Revised Code.	11886

(J) Whenever a person is found guilty of a violation of a	11887
traffic offense specified in Traffic Rule 13(B) that requires the	11888
person's appearance in court, the court shall require the person	11889
to verify the existence at the time of the offense of proof of	11890
financial responsibility covering the person's operation of the	11891
motor vehicle, or the motor vehicle if registered in the person's	11892
name, and notify the registrar pursuant to division (D) of section	11893
4509.101 of the Revised Code if the person fails to verify the	11894
existence of such proof of financial responsibility.	11895

Sec. 4511.83.  (A) As used in this section:

11896

(1) "Ignition interlock device" means a device that connects	11897
a breath analyzer to a motor vehicle's ignition system, that is	11898
constantly available to monitor the concentration by weight of	11899
alcohol in the breath of any person attempting to start that motor	11900
vehicle by using its ignition system, and that deters starting the	11901
motor vehicle by use of its ignition system unless the person	11902
attempting to so start the vehicle provides an appropriate breath	11903
sample for the device and the device determines that the	11904
concentration by weight of alcohol in the person's breath is below	11905
a preset level.	11906

(2) "Offender with restricted driving privileges" means an	11907
offender who is subject to an order that was issued under division	11908
(F) of section 4507.16 of the Revised Code as a condition of the	11909
granting of occupational driving privileges or an offender whose	11910
driving privilege is restricted as a condition of probationa	11911
community control sanction pursuant to division (G)(C) of section	11912
2951.02 of the Revised Code.	11913

(3) "Community control sanction" has the same meaning as in	11914
section 2929.01 of the Revised Code.	11915

(B)(1) Except in cases of a substantial emergency when no	11916
other person is reasonably available to drive in response to the	11917
emergency, no person shall knowingly rent, lease, or lend a motor	11918
vehicle to any offender with restricted driving privileges, unless	11919
the vehicle is equipped with a functioning ignition interlock	11920
device that is certified pursuant to division (D) of this section.	11921

(2) Any offender with restricted driving privileges who	11922
rents, leases, or borrows a motor vehicle from another person	11923
shall notify the person who rents, leases, or lends the motor	11924
vehicle to the offender that the offender has restricted driving	11925
privileges and of the nature of the restriction.	11926

(3) Any offender with restricted driving privileges who is	11927
required to operate a motor vehicle owned by the offender's	11928
employer in the course and scope of the offender's employment may	11929
operate that vehicle without the installation of an ignition	11930
interlock device, provided that the employer has been notified	11931
that the offender has restricted driving privileges and of the	11932
nature of the restriction and provided further that the offender	11933
has proof of the employer's notification in the offender's	11934
possession while operating the employer's vehicle for normal	11935
business duties. A motor vehicle owned by a business that is	11936
partly or entirely owned or controlled by an offender with	11937
restricted driving privileges is not a motor vehicle owned by an	11938
employer, for purposes of this division.	11939

(C) If a court, pursuant to division (F) of section 4507.16	11940
of the Revised Code, imposes the use of an ignition interlock	11941
device as a condition of the granting of occupational driving	11942
privileges, the court shall require the offender to provide proof	11943
of compliance to the court at least once quarterly or more	11944
frequently as ordered by the court in its discretion. If a court	11945
imposes the use of an ignition interlock device as a condition of	11946
probationa community control sanction under division (G)(C) of	11947
section 2951.02 of the Revised Code, the court shall require the	11948
offender to provide proof of compliance to the court or probation	11949
officer prior to issuing any driving privilege or continuing the	11950
probationcommunity control status. In either case in which a	11951
court imposes the use of such a device, the offender, at least	11952
once quarterly or more frequently as ordered by the court in its	11953
discretion, shall have the device inspected as ordered by the	11954
court for accurate operation and shall provide the results of the	11955
inspection to the court or, if applicable, to the offender's	11956
probation officer.	11957

(D)(1) The director of public safety, upon consultation with	11958
the director of health and in accordance with Chapter 119. of the	11959
Revised Code, shall certify ignition interlock devices and shall	11960
publish and make available to the courts, without charge, a list	11961
of approved devices together with information about the	11962
manufacturers of the devices and where they may be obtained. The	11963
cost of obtaining the certification of an ignition interlock	11964
device shall be paid by the manufacturer of the device to the	11965
director of public safety and shall be deposited in the statewide	11966
treatment and prevention fund established by section 4301.30 of	11967
the Revised Code.	11968

(2) The director of public safety, in accordance with	11969
Chapter 119. of the Revised Code, shall adopt and publish rules	11970
setting forth the requirements for obtaining the certification of	11971
an ignition interlock device. No ignition interlock device shall	11972
be certified by the director of public safety pursuant to division	11973
(D)(1) of this section unless it meets the requirements specified	11974
and published by the director in the rules adopted pursuant to	11975
this division. The requirements shall include provisions for	11976
setting a minimum and maximum calibration range and shall include,	11977
but shall not be limited to, specifications that the device	11978
complies with all of the following:	11979

(a) It does not impede the safe operation of the vehicle.

11980

(b) It has features that make circumvention difficult and	11981
that do not interfere with the normal use of the vehicle.	11982

(c) It correlates well with established measures of alcohol	11983
impairment.	11984

(d) It works accurately and reliably in an unsupervised	11985
environment.	11986

(e) It is resistant to tampering and shows evidence of	11987
tampering if tampering is attempted.	11988

(f) It is difficult to circumvent and requires premeditation	11989
to do so.	11990

(g) It minimizes inconvenience to a sober user.

11991

(h) It requires a proper, deep-lung breath sample or other	11992
accurate measure of the concentration by weight of alcohol in the	11993
breath.	11994

(i) It operates reliably over the range of automobile	11995
environments.	11996

(j) It is made by a manufacturer who is covered by product	11997
liability insurance.	11998

(3) The director of public safety may adopt, in whole or in	11999
part, the guidelines, rules, regulations, studies, or independent	12000
laboratory tests performed and relied upon by other states, or	12001
their agencies or commissions, in the certification or approval of	12002
ignition interlock devices.	12003

(4) The director of public safety shall adopt rules in	12004
accordance with Chapter 119. of the Revised Code for the design of	12005
a warning label that shall be affixed to each ignition interlock	12006
device upon installation. The label shall contain a warning that	12007
any person tampering, circumventing, or otherwise misusing the	12008
device is subject to a fine, imprisonment, or both and may be	12009
subject to civil liability.	12010

(E)(1) No offender with restricted driving privileges,	12011
during any period that the offender is required to operate only a	12012
motor vehicle equipped with an ignition interlock device, shall	12013
request or permit any other person to breathe into the device or	12014
start a motor vehicle equipped with the device, for the purpose of	12015
providing the offender with an operable motor vehicle.	12016

(2)(a) Except as provided in division (E)(2)(b) of this	12017
section, no person shall breathe into an ignition interlock device	12018
or start a motor vehicle equipped with an ignition interlock	12019
device for the purpose of providing an operable motor vehicle to	12020
an offender with restricted driving privileges.	12021

(b) Division (E)(2)(a) of this section does not apply to an	12022
offender with restricted driving privileges who breathes into an	12023
ignition interlock device or starts a motor vehicle equipped with	12024
an ignition interlock device for the purpose of providing the	12025
offender with an operable motor vehicle.	12026

(3) No unauthorized person shall tamper with or circumvent	12027
the operation of an ignition interlock device.	12028

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	12029
(3), or (4) of section 4511.19 of the Revised Code, in addition to	12030
the license suspension or revocation provided in section 4507.16	12031
of the Revised Code and any disqualification imposed under section	12032
4506.16 of the Revised Code, shall be punished as provided in	12033
division (A)(1), (2), (3), or (4) of this section. Whoever	12034
violates division (A)(5), (6), or (7) of section 4511.19 of the	12035
Revised Code, in addition to the license suspension or revocation	12036
provided in section 4507.16 of the Revised Code and any	12037
disqualification imposed under section 4506.16 of the Revised	12038
Code, shall be punished as provided in division (A)(5), (6), (7),	12039
or (8) of this section.	12040

(1) Except as otherwise provided in division (A)(2), (3), or	12041
(4) of this section, the offender is guilty of a misdemeanor of	12042
the first degree and the court shall sentence the offender to a	12043
jail term of imprisonment of three consecutive days and may	12044
sentence the offender pursuant to section 2929.212929.24 of the	12045
Revised Code to a longer jail term of imprisonment. In addition,	12046
the court shall impose upon the offender a fine of not less than	12047
two hundred fifty and not more than one thousand dollars.	12048

The court may suspend the execution of the mandatory jail	12049
term of three consecutive days of imprisonment that it is required	12050
to impose by this division, if the court, in lieu of the suspended	12051
jail term of imprisonment, places the offender on probationunder	12052
a community control sanction pursuant to section 2929.25 of the	12053
Revised Code and requires the offender to attend, for three	12054
consecutive days, a drivers' intervention program that is	12055
certified pursuant to section 3793.10 of the Revised Code. The	12056
court also may suspend the execution of any part of the mandatory	12057
jail term of three consecutive days of imprisonment that it is	12058
required to impose by this division, if the court places the	12059
offender on probationunder a community control sanction pursuant	12060
to section 2929.25 of the Revised Code for part of the three	12061
consecutive days; requires the offender to attend, for that part	12062
of the three consecutive days, a drivers' intervention program	12063
that is certified pursuant to section 3793.10 of the Revised Code;	12064
and sentences the offender to a jail term of imprisonment equal to	12065
the remainder of the three consecutive days that the offender does	12066
not spend attending the drivers' intervention program. The court	12067
may require the offender, as a condition of probationcommunity	12068
control, to attend and satisfactorily complete any treatment or	12069
education programs that comply with the minimum standards adopted	12070
pursuant to Chapter 3793. of the Revised Code by the director of	12071
alcohol and drug addiction services, in addition to the required	12072
attendance at a drivers' intervention program, that the operators	12073
of the drivers' intervention program determine that the offender	12074
should attend and to report periodically to the court on the	12075
offender's progress in the programs. The court also may impose	12076
any other conditions of probationcommunity control on the	12077
offender that it considers necessary.	12078

Of the fine imposed pursuant to this division, twenty-five	12079
dollars shall be paid to an enforcement and education fund	12080
established by the legislative authority of the law enforcement	12081
agency in this state that primarily was responsible for the arrest	12082
of the offender, as determined by the court that imposes the fine.	12083
This share shall be used by the agency to pay only those costs it	12084
incurs in enforcing section 4511.19 of the Revised Code or a	12085
substantially similar municipal ordinance and in informing the	12086
public of the laws governing the operation of a motor vehicle	12087
while under the influence of alcohol, the dangers of operating a	12088
motor vehicle while under the influence of alcohol, and other	12089
information relating to the operation of a motor vehicle and the	12090
consumption of alcoholic beverages. Fifty dollars of the fine	12091
imposed pursuant to this division shall be paid to the political	12092
subdivision that pays the cost of housing the offender during the	12093
offender's term of incarceration to the credit of the fund that	12094
pays the cost of the incarceration. If the offender was confined	12095
as a result of the offense prior to being sentenced for the	12096
offense but is not sentenced to a term of incarceration, the fifty	12097
dollars shall be paid to the political subdivision that paid the	12098
cost of housing the offender during that period of confinement.	12099
The political subdivision shall use this share to pay or reimburse	12100
incarceration or treatment costs it incurs in housing or providing	12101
drug and alcohol treatment to persons who violate section 4511.19	12102
of the Revised Code or a substantially similar municipal ordinance	12103
and to pay for ignition interlock devices and electronic house	12104
arrest equipment for persons who violate that section.	12105
Twenty-five dollars of the fine imposed pursuant to this division	12106
shall be deposited into the county indigent drivers alcohol	12107
treatment fund or municipal indigent drivers alcohol treatment	12108
fund under the control of that court, as created by the county or	12109
municipal corporation pursuant to division (N) of section 4511.191	12110
of the Revised Code. The balance of the fine shall be disbursed	12111
as otherwise provided by law.	12112

(2)(a) Except as otherwise provided in division (A)(4) of	12113
this section, the offender is guilty of a misdemeanor of the first	12114
degree, and, except as provided in this division, the court shall	12115
sentence the offender to a jail term of imprisonment of ten	12116
consecutive days and may sentence the offender pursuant to section	12117
2929.212929.24 of the Revised Code to a longer jail term of	12118
imprisonment if, within six years of the offense, the offender has	12119
been convicted of or pleaded guilty to one violation of the	12120
following:	12121

(i) Division (A) or (B) of section 4511.19 of the Revised	12122
Code;	12123

(ii) A municipal ordinance relating to operating a vehicle	12124
while under the influence of alcohol, a drug of abuse, or alcohol	12125
and a drug of abuse;	12126

(iii) A municipal ordinance relating to operating a vehicle	12127
with a prohibited concentration of alcohol in the blood, breath,	12128
or urine;	12129

(iv) Section 2903.04 of the Revised Code in a case in which	12130
the offender was subject to the sanctions described in division	12131
(D) of that section;	12132

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	12133
section 2903.08 of the Revised Code or a municipal ordinance that	12134
is substantially similar to either of those divisions;	12135

(vi) Division (A)(2), (3), or (4) of section 2903.06,	12136
division (A)(2) of section 2903.08, or former section 2903.07 of	12137
the Revised Code, or a municipal ordinance that is substantially	12138
similar to any of those divisions or that former section, in a	12139
case in which the jury or judge found that the offender was under	12140
the influence of alcohol, a drug of abuse, or alcohol and a drug	12141
of abuse;	12142

(vii) A statute of the United States or of any other state	12143
or a municipal ordinance of a municipal corporation located in any	12144
other state that is substantially similar to division (A) or (B)	12145
of section 4511.19 of the Revised Code.	12146

As an alternative to the jail term of imprisonment required	12147
to be imposed by this division, but subject to division (A)(12) of	12148
this section, the court may impose upon the offender a sentence	12149
consisting of both a jail term of imprisonment of five consecutive	12150
days and not less than eighteen consecutive days of electronically	12151
monitored house arrest as defined in division (A) of section	12152
2929.23 of the Revised Codewith electronic monitoring. The jail	12153
term of five consecutive days of imprisonment and the period of	12154
electronically monitored house arrest with electronic monitoring	12155
shall not exceed six months. The jail term of five consecutive	12156
days of imprisonment dodoes not have to be served prior to or	12157
consecutively with the period of electronically monitored house	12158
arrest with electronic monitoring.	12159

In addition, the court shall impose upon the offender a fine	12160
of not less than three hundred fifty and not more than one	12161
thousand five hundred dollars.	12162

In addition to any other sentence that it imposes upon the	12163
offender, the court may require the offender to attend a drivers'	12164
intervention program that is certified pursuant to section 3793.10	12165
of the Revised Code. If the officials of the drivers'	12166
intervention program determine that the offender is alcohol	12167
dependent, they shall notify the court, and the court shall order	12168
the offender to obtain treatment through an alcohol and drug	12169
addiction program authorized by section 3793.02 of the Revised	12170
Code. The cost of the treatment shall be paid by the offender.	12171

Of the fine imposed pursuant to this division, thirty-five	12172
dollars shall be paid to an enforcement and education fund	12173
established by the legislative authority of the law enforcement	12174
agency in this state that primarily was responsible for the arrest	12175
of the offender, as determined by the court that imposes the fine.	12176
This share shall be used by the agency to pay only those costs it	12177
incurs in enforcing section 4511.19 of the Revised Code or a	12178
substantially similar municipal ordinance and in informing the	12179
public of the laws governing the operation of a motor vehicle	12180
while under the influence of alcohol, the dangers of operating a	12181
motor vehicle while under the influence of alcohol, and other	12182
information relating to the operation of a motor vehicle and the	12183
consumption of alcoholic beverages. One hundred fifteen dollars	12184
of the fine imposed pursuant to this division shall be paid to the	12185
political subdivision that pays the cost of housing the offender	12186
during the offender's term of incarceration. This share shall be	12187
used by the political subdivision to pay or reimburse	12188
incarceration or treatment costs it incurs in housing or providing	12189
drug and alcohol treatment to persons who violate section 4511.19	12190
of the Revised Code or a substantially similar municipal ordinance	12191
and to pay for ignition interlock devices and electronic house	12192
arrest equipment for persons who violate that section, and shall	12193
be paid to the credit of the fund that pays the cost of the	12194
incarceration. Fifty dollars of the fine imposed pursuant to this	12195
division shall be deposited into the county indigent drivers	12196
alcohol treatment fund or municipal indigent drivers alcohol	12197
treatment fund under the control of that court, as created by the	12198
county or municipal corporation pursuant to division (N) of	12199
section 4511.191 of the Revised Code. The balance of the fine	12200
shall be disbursed as otherwise provided by law.	12201

(b) Regardless of whether the vehicle the offender was	12202
operating at the time of the offense is registered in the	12203
offender's name or in the name of another person, the court, in	12204
addition to the penalties imposed under division (A)(2)(a) of this	12205
section and all other penalties provided by law and subject to	12206
section 4503.235 of the Revised Code, shall order the	12207
immobilization for ninety days of the vehicle the offender was	12208
operating at the time of the offense and the impoundment for	12209
ninety days of the identification license plates of that vehicle.	12210
The order for the immobilization and impoundment shall be issued	12211
and enforced in accordance with section 4503.233 of the Revised	12212
Code.	12213

(3)(a) Except as otherwise provided in division (A)(4) of	12214
this section and except as provided in this division, if, within	12215
six years of the offense, the offender has been convicted of or	12216
pleaded guilty to two violations identified in division (A)(2) of	12217
this section, the court shall sentence the offender to a jail term	12218
of imprisonment of thirty consecutive days and may sentence the	12219
offender to a longer definite jail term of imprisonment of not	12220
more than one year. As an alternative to the jail term of	12221
imprisonment required to be imposed by this division, but subject	12222
to division (A)(12) of this section, the court may impose upon the	12223
offender a sentence consisting of both a jail term of imprisonment	12224
of fifteen consecutive days and not less than fifty-five	12225
consecutive days of electronically monitored house arrest as	12226
defined in division (A) of section 2929.23 of the Revised Code	12227
with electronic monitoring. The jail term of fifteen consecutive	12228
days of imprisonment and the period of electronically monitored	12229
house arrest with electronic monitoring shall not exceed one year.	12230
The jail term of fifteen consecutive days of imprisonment dodoes	12231
not have to be served prior to or consecutively with the period of	12232
electronically monitored house arrest with electronic monitoring.	12233

In addition, the court shall impose upon the offender a fine	12234
of not less than five hundred fifty and not more than two thousand	12235
five hundred dollars.	12236

In addition to any other sentence that it imposes upon the	12237
offender, the court shall require the offender to attend an	12238
alcohol and drug addiction program authorized by section 3793.02	12239
of the Revised Code. The cost of the treatment shall be paid by	12240
the offender. If the court determines that the offender is unable	12241
to pay the cost of attendance at the treatment program, the court	12242
may order that payment of the cost of the offender's attendance at	12243
the treatment program be made from that court's indigent drivers	12244
alcohol treatment fund.	12245

Of the fine imposed pursuant to this division, one hundred	12246
twenty-three dollars shall be paid to an enforcement and education	12247
fund established by the legislative authority of the law	12248
enforcement agency in this state that primarily was responsible	12249
for the arrest of the offender, as determined by the court that	12250
imposes the fine. This share shall be used by the agency to pay	12251
only those costs it incurs in enforcing section 4511.19 of the	12252
Revised Code or a substantially similar municipal ordinance and in	12253
informing the public of the laws governing the operation of a	12254
motor vehicle while under the influence of alcohol, the dangers of	12255
operating a motor vehicle while under the influence of alcohol,	12256
and other information relating to the operation of a motor vehicle	12257
and the consumption of alcoholic beverages. Two hundred	12258
seventy-seven dollars of the fine imposed pursuant to this	12259
division shall be paid to the political subdivision that pays the	12260
cost of housing the offender during the offender's term of	12261
incarceration. This share shall be used by the political	12262
subdivision to pay or reimburse incarceration or treatment costs	12263
it incurs in housing or providing drug and alcohol treatment to	12264
persons who violate section 4511.19 of the Revised Code or a	12265
substantially similar municipal ordinance and to pay for ignition	12266
interlock devices and electronic house arrest equipment for	12267
persons who violate that section and shall be paid to the credit	12268
of the fund that pays the cost of incarceration. The balance of	12269
the fine shall be disbursed as otherwise provided by law.	12270

(b) Regardless of whether the vehicle the offender was	12271
operating at the time of the offense is registered in the	12272
offender's name or in the name of another person, the court, in	12273
addition to the penalties imposed under division (A)(3)(a) of this	12274
section and all other penalties provided by law and subject to	12275
section 4503.235 of the Revised Code, shall order the criminal	12276
forfeiture to the state of the vehicle the offender was operating	12277
at the time of the offense. The order of criminal forfeiture	12278
shall be issued and enforced in accordance with section 4503.234	12279
of the Revised Code.	12280

(4)(a)(i) If, within six years of the offense, the offender	12281
has been convicted of or pleaded guilty to three or more	12282
violations identified in division (A)(2) of this section, and if	12283
sentence is not required to be imposed under division	12284
(A)(4)(a)(ii) of this section, the offender is guilty of a felony	12285
of the fourth degree and, notwithstanding division (A)(4) of	12286
section 2929.14 of the Revised Code, may be sentenced to a	12287
definite prison term that shall be not less than six months and	12288
not more than thirty months. The court shall sentence the	12289
offender in accordance with sections 2929.11 to 2929.19 of the	12290
Revised Code and shall impose as part of the sentence either a	12291
mandatory term of local incarceration of sixty consecutive days of	12292
imprisonment in accordance with division (G)(1) of section 2929.13	12293
of the Revised Code or a mandatory prison term of sixty	12294
consecutive days of imprisonment in accordance with division	12295
(G)(2) of that section. If the court requires the offender to	12296
serve a mandatory term of local incarceration of sixty consecutive	12297
days of imprisonment in accordance with division (G)(1) of section	12298
2929.13 of the Revised Code, the court, pursuant to section	12299
2929.17 of the Revised Code, may impose upon the offender a	12300
sentence that includes a term of electronically monitored house	12301
arrest with electronic monitoring, provided that the term of	12302
electronically monitored house arrest with electronic monitoring	12303
shall not commence until after the offender has served the	12304
mandatory term of local incarceration.	12305

(ii) If the offender previously has been convicted of or	12306
pleaded guilty to a violation of division (A) of section 4511.19	12307
of the Revised Code under circumstances in which the violation was	12308
a felony, regardless of when the prior violation and the prior	12309
conviction or guilty plea occurred, the offender is guilty of a	12310
felony of the third degree. The court shall sentence the offender	12311
in accordance with sections 2929.11 to 2929.19 of the Revised Code	12312
and shall impose as part of the sentence a mandatory prison term	12313
of sixty consecutive days of imprisonment in accordance with	12314
division (G)(2) of section 2929.13 of the Revised Code.	12315

(iii) In addition to all other sanctions imposed on an	12316
offender under division (A)(4)(a)(i) or (ii) of this section, the	12317
court shall impose upon the offender, pursuant to section 2929.18	12318
of the Revised Code, a fine of not less than eight hundred nor	12319
more than ten thousand dollars.	12320

In addition to any other sanction that it imposes upon the	12321
offender under division (A)(4)(a)(i) or (ii) of this section, the	12322
court shall require the offender to attend an alcohol and drug	12323
addiction program authorized by section 3793.02 of the Revised	12324
Code. The cost of the treatment shall be paid by the offender. If	12325
the court determines that the offender is unable to pay the cost	12326
of attendance at the treatment program, the court may order that	12327
payment of the cost of the offender's attendance at the treatment	12328
program be made from the court's indigent drivers alcohol	12329
treatment fund.	12330

Of the fine imposed pursuant to this division, two hundred	12331
ten dollars shall be paid to an enforcement and education fund	12332
established by the legislative authority of the law enforcement	12333
agency in this state that primarily was responsible for the arrest	12334
of the offender, as determined by the court that imposes the fine.	12335
This share shall be used by the agency to pay only those costs it	12336
incurs in enforcing section 4511.19 of the Revised Code or a	12337
substantially similar municipal ordinance and in informing the	12338
public of the laws governing operation of a motor vehicle while	12339
under the influence of alcohol, the dangers of operation of a	12340
motor vehicle while under the influence of alcohol, and other	12341
information relating to the operation of a motor vehicle and the	12342
consumption of alcoholic beverages. Four hundred forty dollars of	12343
the fine imposed pursuant to this division shall be paid to the	12344
political subdivision that pays the cost of housing the offender	12345
during the offender's term of incarceration. This share shall be	12346
used by the political subdivision to pay or reimburse	12347
incarceration or treatment costs it incurs in housing or providing	12348
drug and alcohol treatment to persons who violate section 4511.19	12349
of the Revised Code or a substantially similar municipal ordinance	12350
and to pay for ignition interlock devices and electronic house	12351
arrest equipment for persons who violate that section, and shall	12352
be paid to the credit of the fund that pays the cost of	12353
incarceration. The balance of the fine shall be disbursed as	12354
otherwise provided by law.	12355

(b) Regardless of whether the vehicle the offender was	12356
operating at the time of the offense is registered in the	12357
offender's name or in the name of another person, the court, in	12358
addition to the sanctions imposed under division (A)(4)(a) of this	12359
section and all other sanctions provided by law and subject to	12360
section 4503.235 of the Revised Code, shall order the criminal	12361
forfeiture to the state of the vehicle the offender was operating	12362
at the time of the offense. The order of criminal forfeiture	12363
shall be issued and enforced in accordance with section 4503.234	12364
of the Revised Code.	12365

(c) As used in division (A)(4)(a) of this section,	12366
"mandatory prison term" and "mandatory term of local	12367
incarceration" have the same meanings as in section 2929.01 of the	12368
Revised Code.	12369

(d) If title to a motor vehicle that is subject to an order	12370
for criminal forfeiture under this section is assigned or	12371
transferred and division (C)(2) or (3) of section 4503.234 of the	12372
Revised Code applies, in addition to or independent of any other	12373
penalty established by law, the court may fine the offender the	12374
value of the vehicle as determined by publications of the national	12375
auto dealer's association. The proceeds from any fine imposed	12376
under this division shall be distributed in accordance with	12377
division (D)(4) of section 4503.234 of the Revised Code.	12378

(5)(a) Except as otherwise provided in division (A)(6), (7),	12379
or (8) of this section, the offender is guilty of a misdemeanor of	12380
the first degree, and the court shall sentence the offender to one	12381
of the following:	12382

(i) A jail term of imprisonment of at least three	12383
consecutive days and a requirement that the offender attend, for	12384
three consecutive days, a drivers' intervention program that is	12385
certified pursuant to section 3793.10 of the Revised Code;	12386

(ii) If the court determines that the offender is not	12387
conducive to treatment in the program, if the offender refuses to	12388
attend the program, or if the place of imprisonment can provide a	12389
drivers' intervention program, a jail term of imprisonment of at	12390
least six consecutive days.	12391

(b) In addition, the court shall impose upon the offender a	12392
fine of not less than two hundred fifty and not more than one	12393
thousand dollars.	12394

The court may require the offender, as a condition of	12395
probationunder a community control sanction imposed pursuant to	12396
section 2929.25 of the Revised Code, to attend and satisfactorily	12397
complete any treatment or education programs that comply with the	12398
minimum standards adopted pursuant to Chapter 3793. of the Revised	12399
Code by the director of alcohol and drug addiction services, in	12400
addition to the required attendance at a drivers' intervention	12401
program, that the operators of the drivers' intervention program	12402
determine that the offender should attend and to report	12403
periodically to the court on the offender's progress in the	12404
programs. The court also may impose any other conditions of	12405
probationcommunity control on the offender that it considers	12406
necessary.	12407

Of the fine imposed pursuant to this division, twenty-five	12408
dollars shall be paid to an enforcement and education fund	12409
established by the legislative authority of the law enforcement	12410
agency in this state that primarily was responsible for the arrest	12411
of the offender, as determined by the court that imposes the fine.	12412
The agency shall use this share to pay only those costs it incurs	12413
in enforcing section 4511.19 of the Revised Code or a	12414
substantially similar municipal ordinance and in informing the	12415
public of the laws governing the operation of a motor vehicle	12416
while under the influence of alcohol, the dangers of operating a	12417
motor vehicle while under the influence of alcohol, and other	12418
information relating to the operation of a motor vehicle and the	12419
consumption of alcoholic beverages. Fifty dollars of the fine	12420
imposed pursuant to this division shall be paid to the political	12421
subdivision that pays the cost of housing the offender during the	12422
offender's term of incarceration to the credit of the fund that	12423
pays the cost of the incarceration. The political subdivision	12424
shall use this share to pay or reimburse incarceration or	12425
treatment costs it incurs in housing or providing drug and alcohol	12426
treatment to persons who violate section 4511.19 of the Revised	12427
Code or a substantially similar municipal ordinance and to pay for	12428
ignition interlock devices and electronic house arrest equipment	12429
for persons who violate that section. Twenty-five dollars of the	12430
fine imposed pursuant to this division shall be deposited into the	12431
county indigent drivers alcohol treatment fund or municipal	12432
indigent drivers alcohol treatment fund under the control of that	12433
court, as created by the county or municipal corporation pursuant	12434
to division (N) of section 4511.191 of the Revised Code. The	12435
balance of the fine shall be disbursed as otherwise provided by	12436
law.	12437

(6)(a) Except as otherwise provided in division (A)(8) of	12438
this section and except as provided in this division, if, within	12439
six years of the offense, the offender has been convicted of or	12440
pleaded guilty to one violation of division (A) or (B) of section	12441
4511.19 of the Revised Code, a municipal ordinance relating to	12442
operating a vehicle while under the influence of alcohol, a drug	12443
of abuse, or alcohol and a drug of abuse, a municipal ordinance	12444
relating to operating a vehicle with a prohibited concentration of	12445
alcohol in the blood, breath, or urine, section 2903.04 of the	12446
Revised Code in a case in which the offender was subject to the	12447
sanctions described in division (D) of that section, section	12448
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	12449
ordinance that is substantially similar to section 2903.07 of the	12450
Revised Code in a case in which the jury or judge found that the	12451
offender was under the influence of alcohol, a drug of abuse, or	12452
alcohol and a drug of abuse, or a statute of the United States or	12453
of any other state or a municipal ordinance of a municipal	12454
corporation located in any other state that is substantially	12455
similar to division (A) or (B) of section 4511.19 of the Revised	12456
Codeidentified in division (A)(2) of this section, the offender	12457
is guilty of a misdemeanor of the first degree, and the court	12458
shall sentence the offender to a jail term of imprisonment of	12459
twenty consecutive days and may sentence the offender pursuant to	12460
section 2929.212929.24 of the Revised Code to a longer term of	12461
imprisonment. As an alternative to the jail term of imprisonment	12462
required to be imposed by this division, but subject to division	12463
(A)(12) of this section, the court may impose upon the offender a	12464
sentence consisting of both a jail term of imprisonment of ten	12465
consecutive days and not less than thirty-six consecutive days of	12466
electronically monitored house arrest as defined in division (A)	12467
of section 2929.23 of the Revised Codewith electronic monitoring.	12468
The jail term of ten consecutive days of imprisonment and the	12469
period of electronically monitored house arrest with electronic	12470
monitoring shall not exceed six months. The jail term of ten	12471
consecutive days of imprisonment dodoes not have to be served	12472
prior to or consecutively withto the period of electronically	12473
monitored house arrest with electronic monitoring.	12474

In addition, the court shall impose upon the offender a fine	12475
of not less than three hundred fifty and not more than one	12476
thousand five hundred dollars.	12477

In addition to any other sentence that it imposes upon the	12478
offender, the court may require the offender to attend a drivers'	12479
intervention program that is certified pursuant to section 3793.10	12480
of the Revised Code. If the officials of the drivers'	12481
intervention program determine that the offender is alcohol	12482
dependent, they shall notify the court, and the court shall order	12483
the offender to obtain treatment through an alcohol and drug	12484
addiction program authorized by section 3793.02 of the Revised	12485
Code. The offender shall pay the cost of the treatment.	12486

Of the fine imposed pursuant to this division, thirty-five	12487
dollars shall be paid to an enforcement and education fund	12488
established by the legislative authority of the law enforcement	12489
agency in this state that primarily was responsible for the arrest	12490
of the offender, as determined by the court that imposes the fine.	12491
The agency shall use this share to pay only those costs it incurs	12492
in enforcing section 4511.19 of the Revised Code or a	12493
substantially similar municipal ordinance and in informing the	12494
public of the laws governing the operation of a motor vehicle	12495
while under the influence of alcohol, the dangers of operating a	12496
motor vehicle while under the influence of alcohol, and other	12497
information relating to the operation of a motor vehicle and the	12498
consumption of alcoholic beverages. One hundred fifteen dollars	12499
of the fine imposed pursuant to this division shall be paid to the	12500
political subdivision that pays the cost of housing the offender	12501
during the offender's term of incarceration. The political	12502
subdivision shall use this share to pay or reimburse incarceration	12503
or treatment costs it incurs in housing or providing drug and	12504
alcohol treatment to persons who violate section 4511.19 of the	12505
Revised Code or a substantially similar municipal ordinance and to	12506
pay for ignition interlock devices and electronic house arrest	12507
equipment for persons who violate that section, and this share	12508
shall be paid to the credit of the fund that pays the cost of the	12509
incarceration. Fifty dollars of the fine imposed pursuant to this	12510
division shall be deposited into the county indigent drivers	12511
alcohol treatment fund or municipal indigent drivers alcohol	12512
treatment fund under the control of that court, as created by the	12513
county or municipal corporation pursuant to division (N) of	12514
section 4511.191 of the Revised Code. The balance of the fine	12515
shall be disbursed as otherwise provided by law.	12516

(b) Regardless of whether the vehicle the offender was	12517
operating at the time of the offense is registered in the	12518
offender's name or in the name of another person, the court, in	12519
addition to the penalties imposed under division (A)(6)(a) of this	12520
section and all other penalties provided by law and subject to	12521
section 4503.235 of the Revised Code, shall order the	12522
immobilization for ninety days of the vehicle the offender was	12523
operating at the time of the offense and the impoundment for	12524
ninety days of the identification license plates of that vehicle.	12525
The order for the immobilization and impoundment shall be issued	12526
and enforced in accordance with section 4503.233 of the Revised	12527
Code.	12528

(7)(a) Except as otherwise provided in division (A)(8) of	12529
this section and except as provided in this division, if, within	12530
six years of the offense, the offender has been convicted of or	12531
pleaded guilty to two violations of division (A) or (B) of section	12532
4511.19 of the Revised Code, a municipal ordinance relating to	12533
operating a vehicle while under the influence of alcohol, a drug	12534
of abuse, or alcohol and a drug of abuse, a municipal ordinance	12535
relating to operating a vehicle with a prohibited concentration of	12536
alcohol in the blood, breath, or urine, section 2903.04 of the	12537
Revised Code in a case in which the offender was subject to the	12538
sanctions described in division (D) of that section, section	12539
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	12540
ordinance that is substantially similar to section 2903.07 of the	12541
Revised Code in a case in which the jury or judge found that the	12542
offender was under the influence of alcohol, a drug of abuse, or	12543
alcohol and a drug of abuse, or a statute of the United States or	12544
of any other state or a municipal ordinance of a municipal	12545
corporation located in any other state that is substantially	12546
similar to division (A) or (B) of section 4511.19 of the Revised	12547
Codeidentified in division (A)(2) of this section, the court	12548
shall sentence the offender to a jail term of imprisonment of	12549
sixty consecutive days and may sentence the offender to a longer	12550
definite jail term of imprisonment of not more than one year. As	12551
an alternative to the jail term of imprisonment required to be	12552
imposed by this division, but subject to division (A)(12) of this	12553
section, the court may impose upon the offender a sentence	12554
consisting of both a jail term of imprisonment of thirty	12555
consecutive days and not less than one hundred ten consecutive	12556
days of electronically monitored house arrest as defined in	12557
division (A) of section 2929.23 of the Revised Codewith	12558
electronic monitoring. The jail term of thirty consecutive days	12559
of imprisonment and the period of electronically monitored house	12560
arrest with electronic monitoring shall not exceed one year. The	12561
jail term of thirty consecutive days of imprisonment dodoes not	12562
have to be served prior to or consecutively with the period of	12563
electronically monitored house arrest with electronic monitoring.	12564

In addition, the court shall impose upon the offender a fine	12565
of not less than five hundred fifty and not more than two thousand	12566
five hundred dollars.	12567

In addition to any other sentence that it imposes upon the	12568
offender, the court shall require the offender to attend an	12569
alcohol and drug addiction program authorized by section 3793.02	12570
of the Revised Code. The offender shall pay the cost of the	12571
treatment. If the court determines that the offender is unable to	12572
pay the cost of attendance at the treatment program, the court may	12573
order that payment of the cost of the offender's attendance at the	12574
treatment program be made from that court's indigent drivers	12575
alcohol treatment fund.	12576

Of the fine imposed pursuant to this division, one hundred	12577
twenty-three dollars shall be paid to an enforcement and education	12578
fund established by the legislative authority of the law	12579
enforcement agency in this state that primarily was responsible	12580
for the arrest of the offender, as determined by the court that	12581
imposes the fine. The agency shall use this share to pay only	12582
those costs it incurs in enforcing section 4511.19 of the Revised	12583
Code or a substantially similar municipal ordinance and in	12584
informing the public of the laws governing the operation of a	12585
motor vehicle while under the influence of alcohol, the dangers of	12586
operating a motor vehicle while under the influence of alcohol,	12587
and other information relating to the operation of a motor vehicle	12588
and the consumption of alcoholic beverages. Two hundred	12589
seventy-seven dollars of the fine imposed pursuant to this	12590
division shall be paid to the political subdivision that pays the	12591
cost of housing the offender during the offender's term of	12592
incarceration. The political subdivision shall use this share to	12593
pay or reimburse incarceration or treatment costs it incurs in	12594
housing or providing drug and alcohol treatment to persons who	12595
violate section 4511.19 of the Revised Code or a substantially	12596
similar municipal ordinance and to pay for ignition interlock	12597
devices and electronic house arrest equipment for persons who	12598
violate that section, and this share shall be paid to the credit	12599
of the fund that pays the cost of incarceration. The balance of	12600
the fine shall be disbursed as otherwise provided by law.	12601

(b) Regardless of whether the vehicle the offender was	12602
operating at the time of the offense is registered in the	12603
offender's name or in the name of another person, the court, in	12604
addition to the penalties imposed under division (A)(7)(a) of this	12605
section and all other penalties provided by law and subject to	12606
section 4503.235 of the Revised Code, shall order the	12607
immobilization for one hundred eighty days of the vehicle the	12608
offender was operating at the time of the offense and the	12609
impoundment for one hundred eighty days of the identification	12610
license plates of that vehicle. The order for the immobilization	12611
and impoundment shall be issued and enforced in accordance with	12612
section 4503.233 of the Revised Code.	12613

(8)(a)(i) If, within six years of the offense, the offender	12614
has been convicted of or pleaded guilty to three or more	12615
violations of division (A) or (B) of section 4511.19 of the	12616
Revised Code, a municipal ordinance relating to operating a	12617
vehicle while under the influence of alcohol, a drug of abuse, or	12618
alcohol and a drug of abuse, a municipal ordinance relating to	12619
operating a vehicle with a prohibited concentration of alcohol in	12620
the blood, breath, or urine, section 2903.04 of the Revised Code	12621
in a case in which the offender was subject to the sanctions	12622
described in division (D) of that section, section 2903.06,	12623
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	12624
that is substantially similar to section 2903.07 of the Revised	12625
Code in a case in which the jury or judge found that the offender	12626
was under the influence of alcohol, a drug of abuse, or alcohol	12627
and a drug of abuse, or a statute of the United States or of any	12628
other state or a municipal ordinance of a municipal corporation	12629
located in any other state that is substantially similar to	12630
division (A) or (B) of section 4511.19 of the Revised Code	12631
identified in division (A)(2) of this section, and if sentence is	12632
not required to be imposed under division (A)(8)(a)(ii) of this	12633
section, the offender is guilty of a felony of the fourth degree	12634
and, notwithstanding division (A)(4) of section 2929.14 of the	12635
Revised Code, may be sentenced to a definite prison term that	12636
shall be not less than six months and not more than thirty months.	12637
The court shall sentence the offender in accordance with sections	12638
2929.11 to 2929.19 of the Revised Code and shall impose as part of	12639
the sentence either a mandatory term of local incarceration of one	12640
hundred twenty consecutive days of imprisonment in accordance with	12641
division (G)(1) of section 2929.13 of the Revised Code or a	12642
mandatory prison term of one hundred twenty consecutive days of	12643
imprisonment in accordance with division (G)(2) of that section.	12644
If the court requires the offender to serve a mandatory term of	12645
local incarceration of one hundred twenty consecutive days of	12646
imprisonment in accordance with division (G)(1) of section 2929.13	12647
of the Revised Code, the court, pursuant to section 2929.17 of the	12648
Revised Code, may impose upon the offender a sentence that	12649
includes a term of electronically monitored house arrest with	12650
electronic monitoring, provided that the term of electronically	12651
monitored house arrest with electronic monitoring shall not	12652
commence until after the offender has served the mandatory term of	12653
local incarceration.	12654

(ii) If the offender previously has been convicted of or	12655
pleaded guilty to a violation of division (A) of section 4511.19	12656
of the Revised Code under circumstances in which the violation was	12657
a felony, regardless of when the prior violation and the prior	12658
conviction or guilty plea occurred, the offender is guilty of a	12659
felony of the third degree. The court shall sentence the offender	12660
in accordance with sections 2929.11 to 2929.19 of the Revised Code	12661
and shall impose as part of the sentence a mandatory prison term	12662
of one hundred twenty consecutive days of imprisonment in	12663
accordance with division (G)(2) of section 2929.13 of the Revised	12664
Code.	12665

(iii) In addition to all other sanctions imposed on an	12666
offender under division (A)(8)(a)(i) or (ii) of this section, the	12667
court shall impose upon the offender, pursuant to section 2929.18	12668
of the Revised Code, a fine of not less than eight hundred nor	12669
more than ten thousand dollars.	12670

In addition to any other sanction that it imposes upon the	12671
offender under division (A)(8)(a)(i) or (ii) of this section, the	12672
court shall require the offender to attend an alcohol and drug	12673
addiction program authorized by section 3793.02 of the Revised	12674
Code. The cost of the treatment shall be paid by the offender. If	12675
the court determines that the offender is unable to pay the cost	12676
of attendance at the treatment program, the court may order that	12677
payment of the cost of the offender's attendance at the treatment	12678
program be made from the court's indigent drivers alcohol	12679
treatment fund.	12680

Of the fine imposed pursuant to this division, two hundred	12681
ten dollars shall be paid to an enforcement and education fund	12682
established by the legislative authority of the law enforcement	12683
agency in this state that primarily was responsible for the arrest	12684
of the offender, as determined by the court that imposes the fine.	12685
The agency shall use this share to pay only those costs it incurs	12686
in enforcing section 4511.19 of the Revised Code or a	12687
substantially similar municipal ordinance and in informing the	12688
public of the laws governing operation of a motor vehicle while	12689
under the influence of alcohol, the dangers of operation of a	12690
motor vehicle while under the influence of alcohol, and other	12691
information relating to the operation of a motor vehicle and the	12692
consumption of alcoholic beverages. Four hundred forty dollars of	12693
the fine imposed pursuant to this division shall be paid to the	12694
political subdivision that pays the cost of housing the offender	12695
during the offender's term of incarceration. The political	12696
subdivision shall use this share to pay or reimburse incarceration	12697
or treatment costs it incurs in housing or providing drug and	12698
alcohol treatment to persons who violate section 4511.19 of the	12699
Revised Code or a substantially similar municipal ordinance and to	12700
pay for ignition interlock devices and electronic house arrest	12701
equipment for persons who violate that section, and this share	12702
shall be paid to the credit of the fund that pays the cost of	12703
incarceration. The balance of the fine shall be disbursed as	12704
otherwise provided by law.	12705

(b) Regardless of whether the vehicle the offender was	12706
operating at the time of the offense is registered in the	12707
offender's name or in the name of another person, the court, in	12708
addition to the sanctions imposed under division (A)(8)(a) of this	12709
section and all other sanctions provided by law and subject to	12710
section 4503.235 of the Revised Code, shall order the criminal	12711
forfeiture to the state of the vehicle the offender was operating	12712
at the time of the offense. The order of criminal forfeiture	12713
shall be issued and enforced in accordance with section 4503.234	12714
of the Revised Code.	12715

(c) As used in division (A)(8)(a) of this section,	12716
"mandatory prison term" and "mandatory term of local	12717
incarceration" have the same meanings as in section 2929.01 of the	12718
Revised Code.	12719

(d) If title to a motor vehicle that is subject to an order	12720
for criminal forfeiture under this section is assigned or	12721
transferred and division (C)(2) or (3) of section 4503.234 of the	12722
Revised Code applies, in addition to or independent of any other	12723
penalty established by law, the court may fine the offender the	12724
value of the vehicle as determined by publications of the national	12725
auto dealer's association. The proceeds from any fine imposed	12726
under this division shall be distributed in accordance with	12727
division (D)(4) of section 4503.234 of the Revised Code.	12728

(9)(a) Except as provided in division (A)(9)(b) of this	12729
section, upon a showing that imprisonment or serving a jail term	12730
would seriously affect the ability of an offender sentenced	12731
pursuant to division (A)(1), (2), (3), (4), (5), (6), (7), or (8)	12732
of this section to continue the offender's employment, the court	12733
may authorize that the offender be granted work release from	12734
imprisonment after the offender has served the mandatory jail term	12735
of three, six, ten, twenty, thirty, or sixty consecutive days of	12736
imprisonment or the mandatory term of local incarceration of sixty	12737
or one hundred twenty consecutive days that the court is required	12738
by division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	12739
section to impose. No court shall authorize work release from	12740
imprisonment during the mandatory jail term of three, six, ten,	12741
twenty, thirty, or sixty consecutive days of imprisonment or the	12742
mandatory term of local incarceration or mandatory prison term of	12743
sixty or one hundred twenty consecutive days that the court is	12744
required by division (A)(1), (2), (3), (4), (5), (6), (7), or (8)	12745
of this section to impose. The duration of the work release shall	12746
not exceed the time necessary each day for the offender to commute	12747
to and from the place of employment and the place of imprisonment	12748
incarceration and the time actually spent under employment.	12749

(b) An offender who is sentenced pursuant to division	12750
(A)(2), (3), (6), or (7) of this section to a jail term of	12751
imprisonment followed by a period of electronically monitored	12752
house arrest with electronic monitoring is not eligible for work	12753
release from imprisonmentwhile serving the jail term, but that	12754
person shall be permitted work release during the period of	12755
electronically monitored house arrest with electronic monitoring.	12756
The duration of the work release shall not exceed the time	12757
necessary each day for the offender to commute to and from the	12758
place of employment and the offender's home or other place	12759
specified by the sentencing court and the time actually spent	12760
under employment.	12761

(10) Notwithstanding any section of the Revised Code that	12762
authorizes the suspension of the imposition or execution of a	12763
sentence, the placement of an offender in any treatment program in	12764
lieu of imprisonment, or the use of a community control sanction	12765
for an offender convicted of a felony or a misdemeanor, no court	12766
shall suspend the mandatory jail term of ten, twenty, thirty, or	12767
sixty consecutive days of imprisonment required to be imposed on	12768
an offender by division (A)(2), (3), (6), or (7) of this section,	12769
no court shall place an offender who is sentenced pursuant to	12770
division (A)(2), (3), (4), (6), (7), or (8) of this section in any	12771
treatment program in lieu of imprisonment until after the offender	12772
has served the mandatory jail term of ten, twenty, thirty, or	12773
sixty consecutive days of imprisonment or the mandatory term of	12774
local incarceration or mandatory prison term of sixty or one	12775
hundred twenty consecutive days required to be imposed pursuant to	12776
division (A)(2), (3), (4), (6), (7), or (8) of this section, no	12777
court that sentences an offender under division (A)(4) or (8) of	12778
this section shall impose any sanction other than a mandatory term	12779
of local incarceration or mandatory prison term to apply to the	12780
offender until after the offender has served the mandatory term of	12781
local incarceration or mandatory prison term of sixty or one	12782
hundred twenty consecutive days required to be imposed pursuant to	12783
division (A)(4) or (8) of this section, and no court that imposes	12784
a sentence of imprisonmenta jail term and a period of	12785
electronically monitored house arrest with electronic monitoring	12786
upon an offender under division (A)(2), (3), (6), or (7) of this	12787
section shall suspend any portion of the sentence or place the	12788
offender in any treatment program in lieu of imprisonment or	12789
electronically monitored house arrest with electronic monitoring.	12790
Notwithstanding any section of the Revised Code that authorizes	12791
the suspension of the imposition or execution of a sentence or the	12792
placement of an offender in any treatment program in lieu of	12793
imprisonment, no court, except as specifically authorized by	12794
division (A)(1) or (5) of this section, shall suspend the	12795
mandatory jail term of three or more consecutive days of	12796
imprisonment required to be imposed by division (A)(1) or (5) of	12797
this section or place an offender who is sentenced pursuant to	12798
division (A)(1) or (5) of this section in any treatment program in	12799
lieu of imprisonment until after the offender has served the	12800
mandatory jail term of three or more consecutive days of	12801
imprisonment required to be imposed pursuant to division (A)(1) or	12802
(5) of this section.	12803

(11) No court shall sentence an offender to an alcohol	12804
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	12805
(6), (7), or (8) of this section unless the treatment program	12806
complies with the minimum standards adopted pursuant to Chapter	12807
3793. of the Revised Code by the director of alcohol and drug	12808
addiction services.	12809

(12) No court shall impose the alternative sentence of a	12810
jail term of imprisonment plus a term of electronically monitored	12811
house arrest with electronic monitoring permitted to be imposed by	12812
division (A)(2), (3), (6), or (7) of this section, unless within	12813
sixty days of the date of sentencing, the court issues a written	12814
finding, entered into the record, that due to the unavailability	12815
of space at the incarceration facility where the offender is	12816
required to serve the jail term of imprisonment imposed upon the	12817
offender, the offender will not be able to commence serving the	12818
jail term of imprisonment within the sixty-day period following	12819
the date of sentencing. If the court issues such a written	12820
finding, the court may impose the alternative sentence comprised	12821
of a jail term of imprisonment and a term of electronically	12822
monitored house arrest with electronic monitoring permitted to be	12823
imposed by division (A)(2), (3), (6), or (7) of this section.	12824

(13) As used in division (A) of this section "electronic	12825
monitoring" has the same meaning as in section 2929.01 of the	12826
Revised Code.	12827

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	12828
of the Revised Code is guilty of a misdemeanor of the first	12829
degree. The court, in addition to or independent of all other	12830
penalties provided by law, may suspend for a period not to exceed	12831
one year the driver's or commercial driver's license or permit or	12832
nonresident operating privilege of any person who pleads guilty to	12833
or is convicted of a violation of section 4511.192 of the Revised	12834
Code.	12835

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	12836
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	12837
guilty of one of the following:	12838

(1) Except as otherwise provided in division (C)(2) of this	12839
section, a minor misdemeanor.	12840

(2) If the offender previously has been convicted of or	12841
pleaded guilty to one or more violations of section 4511.63,	12842
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	12843
Revised Code or a municipal ordinance that is substantially	12844
similar to any of those sections, a misdemeanor of the fourth	12845
degree.	12846

(D)(1) Whoever violates any provision of sections 4511.01 to	12847
4511.76 or section 4511.84 of the Revised Code, for which no	12848
penalty otherwise is provided in this section is guilty of one of	12849
the following:	12850

(a) Except as otherwise provided in division (D)(1)(b),	12851
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	12852

(b) If, within one year of the offense, the offender	12853
previously has been convicted of or pleaded guilty to one	12854
violation of any provision of sections 4511.01 to 4511.76 or	12855
section 4511.84 of the Revised Code for which no penalty otherwise	12856
is provided in this section or a municipal ordinance that is	12857
substantially similar to any provision of sections 4511.01 to	12858
4511.76 or section 4511.84 of the Revised Code for which no	12859
penalty otherwise is provided in this section, a misdemeanor of	12860
the fourth degree;	12861

(c) If, within one year of the offense, the offender	12862
previously has been convicted of or pleaded guilty to two or more	12863
violations of any provision described in division (D)(1)(b) of	12864
this section or any municipal ordinance that is substantially	12865
similar to any of those provisions, a misdemeanor of the third	12866
degree.	12867

(2) When any person is found guilty of a first offense for a	12868
violation of section 4511.21 of the Revised Code upon a finding	12869
that the person operated a motor vehicle faster than thirty-five	12870
miles an hour in a business district of a municipal corporation,	12871
or faster than fifty miles an hour in other portions, or faster	12872
than thirty-five miles an hour while passing through a school zone	12873
during recess or while children are going to or leaving school	12874
during the opening or closing hours, the person is guilty of a	12875
misdemeanor of the fourth degree.	12876

(3) Notwithstanding section 2929.212929.28 of the Revised	12877
Code, upon a finding that such person operated a motor vehicle in	12878
a construction zone where a sign was then posted in accordance	12879
with section 4511.98 of the Revised Code, the court, in addition	12880
to all other penalties provided by law, shall impose a fine of two	12881
times the usual amount imposed for the violation. No court shall	12882
impose a fine of two times the usual amount imposed for the	12883
violation upon an offender who alleges, in an affidavit filed with	12884
the court prior to the offender's sentencing, that the offender is	12885
indigent and is unable to pay the fine imposed pursuant to this	12886
division, provided the court determines the offender is an	12887
indigent person and is unable to pay the fine.	12888

(4) Notwithstanding section 2929.21 of the Revised Code,	12889
upon a finding that a person operated a motor vehicle in violation	12890
of division (C) of section 4511.213 of the Revised Code, the	12891
court, in addition to all other penalties provided by law, shall	12892
impose a fine of two times the usual amount imposed for the	12893
violation.	12894

(E) Whenever a person is found guilty in a court of record	12895
of a violation of section 4511.761, 4511.762, or 4511.77 of the	12896
Revised Code, the trial judge, in addition to or independent of	12897
all other penalties provided by law, may suspend for any period of	12898
time not exceeding three years, or revoke the license of any	12899
person, partnership, association, or corporation, issued under	12900
section 4511.763 of the Revised Code.	12901

(F) Whoever violates division (E) or (F) of section 4511.51,	12902
division (A), (D), or (E) of section 4511.521, section 4511.681,	12903
division (A) or (C) of section 4511.69, section 4511.772, or	12904
division (A) or (B) of section 4511.82 of the Revised Code is	12905
guilty of a minor misdemeanor.	12906

(G) Whoever violates division (A) of section 4511.75 of the	12907
Revised Code may be fined an amount not to exceed five hundred	12908
dollars. A person who is issued a citation for a violation of	12909
division (A) of section 4511.75 of the Revised Code is not	12910
permitted to enter a written plea of guilty and waive the person's	12911
right to contest the citation in a trial, but instead must appear	12912
in person in the proper court to answer the charge.	12913

(H)(1) Whoever is a resident of this state and violates	12914
division (A) or (B) of section 4511.81 of the Revised Code shall	12915
be punished as follows:	12916

(a) Except as otherwise provided in division (H)(1)(b) of	12917
this section, the offender is guilty of a minor misdemeanor.	12918

(b) If the offender previously has been convicted of or	12919
pleaded guilty to a violation of division (A) or (B) of section	12920
4511.81 of the Revised Code or of a municipal ordinance that is	12921
substantially similar to either of those divisions, the offender	12922
is guilty of a misdemeanor of the fourth degree.	12923

(2) Whoever is not a resident of this state, violates	12924
division (A) or (B) of section 4511.81 of the Revised Code, and	12925
fails to prove by a preponderance of the evidence that the	12926
offender's use or nonuse of a child restraint system was in	12927
accordance with the law of the state of which the offender is a	12928
resident is guilty of a minor misdemeanor on a first offense; on a	12929
second or subsequent offense, that person is guilty of a	12930
misdemeanor of the fourth degree.	12931

(3) All fines imposed pursuant to division (H)(1) or (2) of	12932
this section shall be forwarded to the treasurer of state for	12933
deposit in the "child highway safety fund" created by division (G)	12934
of section 4511.81 of the Revised Code.	12935

(I) Whoever violates section 4511.202 of the Revised Code is	12936
guilty of operating a motor vehicle without being in control of	12937
it, a minor misdemeanor.	12938

(J) Whoever violates division (B) of section 4511.74,	12939
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	12940
section 4511.83 of the Revised Code is guilty of a misdemeanor of	12941
the first degree.	12942

(K) Except as otherwise provided in this division, whoever	12943
violates division (E) of section 4511.11, division (A) or (C) of	12944
section 4511.17, or section 4511.18 of the Revised Code is guilty	12945
of a misdemeanor of the third degree. If a violation of division	12946
(A) or (C) of section 4511.17 of the Revised Code creates a risk	12947
of physical harm to any person, the offender is guilty of a	12948
misdemeanor of the first degree. A violation of division (A) or	12949
(C) of section 4511.17 of the Revised Code that causes serious	12950
physical harm to property that is owned, leased, or controlled by	12951
a state or local authority is a felony of the fifth degree.	12952

(L) Whoever violates division (H) of section 4511.69 of the	12953
Revised Code shall be punished as follows:	12954

(1) Except as otherwise provided in division (L)(2) of this	12955
section, the offender shall be issued a warning.	12956

(2) If the offender previously has been convicted of or	12957
pleaded guilty to a violation of division (H) of section 4511.69	12958
of the Revised Code or of a municipal ordinance that is	12959
substantially similar to that division, the offender shall not be	12960
issued a warning but shall be fined not more than twenty-five	12961
dollars for each parking location that is not properly marked or	12962
whose markings are not properly maintained.	12963

(M) Whoever violates division (A)(1) or (2) of section	12964
4511.45 of the Revised Code is guilty of a misdemeanor of the	12965
fourth degree on a first offense; on a second offense within one	12966
year after the first offense, the person is guilty of a	12967
misdemeanor of the third degree; and on each subsequent offense	12968
within one year after the first offense, the person is guilty of a	12969
misdemeanor of the second degree.	12970

(N)(1) Whoever violates division (B) of section 4511.19 of	12971
the Revised Code is guilty of operating a motor vehicle after	12972
under-age alcohol consumption and shall be punished as follows:	12973

(a) Except as otherwise provided in division (N)(1)(b) of	12974
this section, the offender is guilty of a misdemeanor of the	12975
fourth degree.	12976

(b) The offender is guilty of a misdemeanor of the third	12977
degree if, within one year of the offense, the offender has been	12978
convicted of or pleaded guilty to any violation of the following:	12979

(i) Division (A) or (B) of section 4511.19 of the Revised	12980
Code;	12981

(ii) A municipal ordinance relating to operating a vehicle	12982
while under the influence of alcohol, a drug of abuse, or alcohol	12983
and a drug of abuse;	12984

(iii) A municipal ordinance relating to operating a vehicle	12985
with a prohibited concentration of alcohol in the blood, breath,	12986
or urine;	12987

(iv) Section 2903.04 of the Revised Code in a case in which	12988
the offender was subject to the sanctions described in division	12989
(D) of that section;	12990

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	12991
section 2903.08 of the Revised Code or a municipal ordinance that	12992
is substantially similar to either of those divisions;	12993

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	12994
division (A)(2) of section 2903.08 of the Revised Code or a	12995
municipal ordinance that is substantially similar to any of those	12996
divisions, or former section 2903.07 of the Revised Code or a	12997
substantially similar municipal ordinance, in a case in which the	12998
jury or judge found that the offender was under the influence of	12999
alcohol, a drug of abuse, or alcohol and a drug of abuse;	13000

(vii) A statute of the United States or of any other state	13001
or a municipal ordinance of a municipal corporation located in any	13002
other state that is substantially similar to division (A) or (B)	13003
of section 4511.19 of the Revised Code.	13004

(2) In addition to or independent of all other penalties	13005
provided by law, the offender's driver's or commercial driver's	13006
license or permit or nonresident operating privilege shall be	13007
suspended in accordance with, and for the period of time specified	13008
in, division (E) of section 4507.16 of the Revised Code.	13009

(O) Whoever violates section 4511.62 of the Revised Code is	13010
guilty of a misdemeanor of the fourth degree.	13011

(P) Whoever violates division (F)(1)(a) or (b) of section	13012
4511.69 of the Revised Code is guilty of a misdemeanor and shall	13013
be fined not less than two hundred fifty nor more than five	13014
hundred dollars, but in no case shall an offender be sentenced to	13015
any term of imprisonment.	13016

Arrest or conviction for a violation of division (F)(1)(a) or	13017
(b) of section 4511.69 of the Revised Code does not constitute a	13018
criminal record and need not be reported by the person so arrested	13019
or convicted in response to any inquiries contained in any	13020
application for employment, license, or other right or privilege,	13021
or made in connection with the person's appearance as a witness.	13022

Every fine collected under this division shall be paid by the	13023
clerk of the court to the political subdivision in which the	13024
violation occurred. Except as provided in this division, the	13025
political subdivision shall use the fine moneys it receives under	13026
this division to pay the expenses it incurs in complying with the	13027
signage and notice requirements contained in division (E) of	13028
section 4511.69 of the Revised Code. The political subdivision	13029
may use up to fifty per cent of each fine it receives under this	13030
division to pay the costs of educational, advocacy, support, and	13031
assistive technology programs for persons with disabilities, and	13032
for public improvements within the political subdivision that	13033
benefit or assist persons with disabilities, if governmental	13034
agencies or nonprofit organizations offer the programs.	13035

Sec. 4717.05.  (A) Any person who desires to be licensed as	13036
an embalmer shall apply to the board of embalmers and funeral	13037
directors on a form provided by the board. The applicant shall	13038
include with the application an initial license fee as set forth	13039
in section 4717.07 of the Revised Code and evidence, verified by	13040
oath and satisfactory to the board, that the applicant meets all	13041
of the following requirements:	13042

(1) The applicant is at least eighteen years of age and of	13043
good moral character.	13044

(2) If the applicant has pleaded guilty to, has been found	13045
by a judge or jury to be guilty of, or has had a judicial finding	13046
of eligibility for treatment in lieu of conviction entered against	13047
the applicant in this state for aggravated murder, murder,	13048
voluntary manslaughter, felonious assault, kidnapping, rape,	13049
sexual battery, gross sexual imposition, aggravated arson,	13050
aggravated robbery, or aggravated burglary, or has pleaded guilty	13051
to, has been found by a judge or jury to be guilty of, or has had	13052
a judicial finding of eligibility for treatment in lieu of	13053
conviction entered against the applicant in another jurisdiction	13054
for a substantially equivalent offense, at least five years has	13055
elapsed since the applicant was released from incarceration,	13056
probationa community control sanction, a post-release control	13057
sanction, parole, or treatment in connection with the offense.	13058

(3) The applicant holds at least a bachelor's degree from a	13059
college or university authorized to confer degrees by the Ohio	13060
board of regents or the comparable legal agency of another state	13061
in which the college or university is located and submits an	13062
official transcript from that college or university with the	13063
application.	13064

(4) The applicant has satisfactorily completed at least	13065
twelve months of instruction in a prescribed course in mortuary	13066
science as approved by the board and has presented to the board a	13067
certificate showing successful completion of the course. The	13068
course of mortuary science college training may be completed	13069
either before or after the completion of the educational standard	13070
set forth in division (A)(3) of this section.	13071

(5) The applicant has registered with the board prior to	13072
beginning an embalmer apprenticeship.	13073

(6) The applicant has satisfactorily completed at least one	13074
year of apprenticeship under an embalmer licensed in this state	13075
and has assisted that person in embalming at least twenty-five	13076
dead human bodies.	13077

(7) The applicant, upon meeting the educational standards	13078
provided for in divisions (A)(3) and (4) of this section and	13079
completing the apprenticeship required in division (A)(6) of this	13080
section, has completed the examination for an embalmer's license	13081
required by the board.	13082

(B) Upon receiving satisfactory evidence verified by oath	13083
that the applicant meets all the requirements of division (A) of	13084
this section, the board shall issue the applicant an embalmer's	13085
license.	13086

(C) Any person who desires to be licensed as a funeral	13087
director shall apply to the board on a form provided by the board.	13088
The application shall include an initial license fee as set forth	13089
in section 4717.07 of the Revised Code and evidence, verified by	13090
oath and satisfactory to the board, that the applicant meets all	13091
of the following requirements:	13092

(1) Except as otherwise provided in division (D) of this	13093
section, the applicant has satisfactorily met all the requirements	13094
for an embalmer's license as described in divisions (A)(1) to (4)	13095
of this section.	13096

(2) The applicant has registered with the board prior to	13097
beginning a funeral director apprenticeship.	13098

(3) The applicant, following mortuary science college	13099
training described in division (A)(4) of this section, has served	13100
a one-year apprenticeship under a licensed funeral director in	13101
this state and has assisted that person in directing at least	13102
twenty-five funerals.	13103

(4) The applicant has satisfactorily completed the	13104
examination for a funeral director's license as required by the	13105
board.	13106

(D) In lieu of mortuary science college training required	13107
for a funeral director's license under division (C)(1) of this	13108
section, the applicant may substitute a two-year apprenticeship	13109
under a licensed funeral director in this state assisting that	13110
person in directing at least fifty funerals.	13111

(E) Upon receiving satisfactory evidence that the applicant	13112
meets all the requirements of division (C) of this section, the	13113
board shall issue to the applicant a funeral director's license.	13114

(F) As used in this section:

13115

(1) "Community control sanction" has the same meaning as in	13116
section 2929.01 of the Revised Code.	13117

(2) "Post-release control sanction" has the same meaning as	13118
in section 2967.01 of the Revised Code.	13119

Sec. 4734.35.  (A) As used in this section, "prosecutor" has	13120
the same meaning as in section 2935.01 of the Revised Code.	13121

(B) The prosecutor in any case against any chiropractor	13122
holding a valid license issued under this chapter shall promptly	13123
notify the state chiropractic board of any of the following:	13124

(1) A plea of guilty to, or a finding of guilt by a jury or	13125
court of, a felony, or a case in which the trial court issues an	13126
order of dismissal upon technical or procedural grounds of a	13127
felony charge;	13128

(2) A plea of guilty to, or a finding of guilt by a jury or	13129
court of, a misdemeanor committed in the course of practice, or a	13130
case in which the trial court issues an order of dismissal upon	13131
technical or procedural grounds of a charge of a misdemeanor, if	13132
the alleged act was committed in the course of practice;	13133

(3) A plea of guilty to, or a finding of guilt by a jury or	13134
court of, a misdemeanor involving moral turpitude, or a case in	13135
which the trial court issues an order of dismissal upon technical	13136
or procedural grounds of a charge of a misdemeanor involving moral	13137
turpitude.	13138

(C) The report shall include the name and address of the	13139
chiropractor, the nature of the offense for which the action was	13140
taken, and the certified court documents recording the action. The	13141
board may prescribe and provide forms for prosecutors to make	13142
reports under this section. The form may be the same as the form	13143
required to be provided under section 2929.242929.42 of the	13144
Revised Code.	13145

Sec. 4761.13.  (A) As used in this section, "prosecutor" has	13146
the same meaning as in section 2935.01 of the Revised Code.	13147

(B) The prosecutor in any case against any respiratory care	13148
professional or an individual holding a limited permit issued	13149
under this chapter shall promptly notify the Ohio respiratory care	13150
board of any of the following:	13151

(1) A plea of guilty to, or a finding of guilt by a jury or	13152
court of, a felony, or a case in which the trial court issues an	13153
order of dismissal upon technical or procedural grounds of a	13154
felony charge;	13155

(2) A plea of guilty to, or a finding of guilt by a jury or	13156
court of, a misdemeanor committed in the course of practice, or a	13157
case in which the trial court issues an order of dismissal upon	13158
technical or procedural grounds of a charge of a misdemeanor, if	13159
the alleged act was committed in the course of practice;	13160

(3) A plea of guilty to, or a finding of guilt by a jury or	13161
court of, a misdemeanor involving moral turpitude, or a case in	13162
which the trial court issues an order of dismissal upon technical	13163
or procedural grounds of a charge of a misdemeanor involving moral	13164
turpitude.	13165

(C) The report shall include the name and address of the	13166
respiratory care professional or person holding a limited permit,	13167
the nature of the offense for which the action was taken, and the	13168
certified court documents recording the action. The board may	13169
prescribe and provide forms for prosecutors to make reports under	13170
this section. The form may be the same as the form required to be	13171
provided under section 2929.242929.42 of the Revised Code.	13172

Sec. 4973.171.  (A) As used in this section, "felony" has	13173
the same meaning as in section 109.511 of the Revised Code.	13174

(B)(1) The governor shall not appoint or commission a person	13175
as a police officer for a railroad company under division (B) of	13176
section 4973.17 of the Revised Code and shall not appoint or	13177
commission a person as a police officer for a hospital under	13178
division (D) of section 4973.17 of the Revised Code on a permanent	13179
basis, on a temporary basis, for a probationary term, or on other	13180
than a permanent basis if the person previously has been convicted	13181
of or has pleaded guilty to a felony.	13182

(2)(a) The governor shall revoke the appointment or	13183
commission of a person appointed or commissioned as a police	13184
officer for a railroad company or as a police officer for a	13185
hospital under division (B) or (D) of section 4973.17 of the	13186
Revised Code if that person does either of the following:	13187

(i) Pleads guilty to a felony;

13188

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	13189
plea agreement as provided in division (D) of section 2929.29	13190
2929.43 of the Revised Code in which the person agrees to	13191
surrender the certificate awarded to that person under section	13192
109.77 of the Revised Code.	13193

(b) The governor shall suspend the appointment or commission	13194
of a person appointed or commissioned as a police officer for a	13195
railroad company or as a police officer for a hospital under	13196
division (B) or (D) of section 4973.17 of the Revised Code if that	13197
person is convicted, after trial, of a felony. If the person	13198
files an appeal from that conviction and the conviction is upheld	13199
by the highest court to which the appeal is taken or if the person	13200
does not file a timely appeal, the governor shall revoke the	13201
appointment or commission of that person as a police officer for a	13202
railroad company or as a police officer for a hospital. If the	13203
person files an appeal that results in that person's acquittal of	13204
the felony or conviction of a misdemeanor, or in the dismissal of	13205
the felony charge against that person, the governor shall	13206
reinstate the appointment or commission of that person as a police	13207
officer for a railroad company or as a police officer for a	13208
hospital. A person whose appointment or commission is reinstated	13209
under division (B)(2)(b) of this section shall not receive any	13210
back pay unless that person's conviction of the felony was	13211
reversed on appeal, or the felony charge was dismissed, because	13212
the court found insufficient evidence to convict the person of the	13213
felony.	13214

(3) Division (B) of this section does not apply regarding an	13215
offense that was committed prior to January 1, 1997.	13216

(4) The suspension or revocation of the appointment or	13217
commission of a person as a police officer for a railroad company	13218
or as a police officer for a hospital under division (B)(2) of	13219
this section shall be in accordance with Chapter 119. of the	13220
Revised Code.	13221

Sec. 5101.28.  (A) The department of job and family services	13222
shall enter into written agreements with law enforcement agencies	13223
to exchange, obtain, or share information regarding public	13224
assistance recipients to enable the department, county agencies,	13225
and law enforcement agencies to determine whether a recipient or a	13226
member of a recipient's assistance group is either of the	13227
following:	13228

(1) A fugitive felon;

13229

(2) Violating a condition of probation, a community control	13230
sanction, parole, or a post-release control sanction imposed under	13231
state or federal law.	13232

(B) The department and county agencies shall provide	13233
information regarding recipients of public assistance under a	13234
program administered by the state department or a county agency	13235
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	13236
law enforcement agencies on request for the purposes of	13237
investigations, prosecutions, and criminal and civil proceedings	13238
that are within the scope of the law enforcement agencies'	13239
official duties.	13240

(C) Information about a recipient shall be exchanged,	13241
obtained, or shared only if the department, county agency, or law	13242
enforcement agency requesting the information gives sufficient	13243
information to specifically identify the recipient. In addition	13244
to the recipient's name, identifying information may include the	13245
recipient's current or last known address, social security number,	13246
other identifying number, age, gender, physical characteristics,	13247
any information specified in an agreement entered into under	13248
division (A) of this section, or any information considered	13249
appropriate by the department or agency.	13250

(D)(1) The department and its officers and employees are not	13251
liable in damages in a civil action for any injury, death, or loss	13252
to person or property that allegedly arises from the release of	13253
information in accordance with divisions (A), (B), and (C) of this	13254
section. This section does not affect any immunity or defense	13255
that the department and its officers and employees may be entitled	13256
to under another section of the Revised Code or the common law of	13257
this state, including section 9.86 of the Revised Code.	13258

(2) The county agencies and their employees are not liable	13259
in damages in a civil action for any injury, death, or loss to	13260
person or property that allegedly arises from the release of	13261
information in accordance with divisions (A), (B), and (C) of this	13262
section. "Employee" has the same meaning as in division (B) of	13263
section 2744.01 of the Revised Code. This section does not affect	13264
any immunity or defense that the county agencies and their	13265
employees may be entitled to under another section of the Revised	13266
Code or the common law of this state, including section 2744.02	13267
and division (A)(6) of section 2744.03 of the Revised Code.	13268

(E) To the extent permitted by federal law, the department	13269
and county agencies shall provide access to information to the	13270
auditor of state acting pursuant to Chapter 117. or sections	13271
5101.181 and 5101.182 of the Revised Code and to any other	13272
government entity authorized by or federal law to conduct an audit	13273
of or similar activity involving a public assistance program.	13274

(F) The auditor of state shall prepare an annual report on	13275
the outcome of the agreements required under division (A) of this	13276
section. The report shall include the number of fugitive felons	13277
and, probation and parole violators, and violators of community	13278
control sanctions and post-release control sanctions apprehended	13279
during the immediately preceding year as a result of the exchange	13280
of information pursuant to that division. The auditor of state	13281
shall file the report with the governor, the president and	13282
minority leader of the senate, and the speaker and minority leader	13283
of the house of representatives. The state department, county	13284
agencies, and law enforcement agencies shall cooperate with the	13285
auditor of state's office in gathering the information required	13286
under this division.	13287

(G) To the extent permitted by federal law, the department	13288
of job and family services, county departments of job and family	13289
services, and employees of the departments may report to a public	13290
children services agency or other appropriate agency information	13291
on known or suspected physical or mental injury, sexual abuse or	13292
exploitation, or negligent treatment or maltreatment, of a child	13293
receiving public assistance, if circumstances indicate that the	13294
child's health or welfare is threatened.	13295

(H) As used in this section:

13296

(1) "Community control sanction" has the same meaning as in	13297
section 2929.01 of the Revised Code.	13298

(2) "Post-release control sanction" has the same meaning as	13299
in section 2967.01 of the Revised Code.	13300

Sec. 5101.45.  The necessary expenses of such officers and	13301
employees of the state, county, and municipal boards, benevolent	13302
and correctional institutions, officials responsible for the	13303
administration of public funds used for the relief and maintenance	13304
of the poor, officials authorized to administer probation laws on	13305
community control sanctions, and members of the boards of county	13306
visitors as are invited by the department of job and family	13307
services to the conferences provided for in section 5101.44 of the	13308
Revised Code, shall be paid from any fund available for their	13309
respective offices, boards, and institutions, provided they first	13310
procure a certificate from the director of job and family services	13311
as evidence that they were invited to and were in attendance at	13312
the sessions of such conferences.	13313

As used in this section, "community control sanction" has the	13314
same meaning as in section 2929.01 of the Revised Code.	13315

Sec. 5119.14.  (A) As used in this section, "felony" has the	13316
same meaning as in section 109.511 of the Revised Code.	13317

(B)(1) Subject to division (C) of this section, upon the	13318
recommendation of the director of mental health, the managing	13319
officer of an institution under the jurisdiction of the department	13320
of mental health may designate one or more employees to be special	13321
police officers of the department. The special police officers	13322
shall take an oath of office, wear the badge of office, and give	13323
bond for the proper and faithful discharge of their duties in an	13324
amount that the director requires.	13325

(2) In accordance with section 109.77 of the Revised Code,	13326
the special police officers shall be required to complete	13327
successfully a peace officer basic training program approved by	13328
the Ohio peace officer training commission and to be certified by	13329
the commission. The cost of the training shall be paid by the	13330
department of mental health.	13331

(3) Special police officers police officers, on the premises	13332
of institutions under the jurisdiction of the department of mental	13333
health and subject to the rules of the department, shall protect	13334
the property of the institutions and the persons and property of	13335
patients in the institutions, suppress riots, disturbances, and	13336
breaches of the peace, and enforce the laws of the state and the	13337
rules of the department for the preservation of good order. They	13338
may arrest any person without a warrant and detain the person	13339
until a warrant can be obtained under the circumstances described	13340
in division (F) of section 2935.03 of the Revised Code.	13341

(C)(1) The managing officer of an institution under the	13342
jurisdiction of the department of mental health shall not	13343
designate an employee as a special police officer of the	13344
department pursuant to division (B)(1) of this section on a	13345
permanent basis, on a temporary basis, for a probationary term, or	13346
on other than a permanent basis if the employee previously has	13347
been convicted of or has pleaded guilty to a felony.	13348

(2)(a) The managing officer of an institution under the	13349
jurisdiction of the department of mental health shall terminate	13350
the employment as a special police officer of the department of an	13351
employee designated as a special police officer under division	13352
(B)(1) of this section if that employee does either of the	13353
following:	13354

(i) Pleads guilty to a felony;

13355

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	13356
plea agreement as provided in division (D) of section 2929.29	13357
2929.43 of the Revised Code in which the employee agrees to	13358
surrender the certificate awarded to that employee under section	13359
109.77 of the Revised Code.	13360

(b) The managing officer shall suspend from employment as a	13361
special police officer of the department an employee designated as	13362
a special police officer under division (B)(1) of this section if	13363
that employee is convicted, after trial, of a felony. If the	13364
special police officer files an appeal from that conviction and	13365
the conviction is upheld by the highest court to which the appeal	13366
is taken or if the special police officer does not file a timely	13367
appeal, the managing officer shall terminate the employment of	13368
that special police officer. If the special police officer files	13369
an appeal that results in that special police officer's acquittal	13370
of the felony or conviction of a misdemeanor, or in the dismissal	13371
of the felony charge against that special police officer, the	13372
managing officer shall reinstate that special police officer. A	13373
special police officer of the department who is reinstated under	13374
division (C)(2)(b) of this section shall not receive any back pay	13375
unless that special police officer's conviction of the felony was	13376
reversed on appeal, or the felony charge was dismissed, because	13377
the court found insufficient evidence to convict the special	13378
police officer of the felony.	13379

(3) Division (C) of this section does not apply regarding an	13380
offense that was committed prior to January 1, 1997.	13381

(4) The suspension from employment, or the termination of	13382
the employment, of a special police officer under division (C)(2)	13383
of this section shall be in accordance with Chapter 119. of the	13384
Revised Code.	13385

Sec. 5120.10.  (A)(1) The director of rehabilitation and	13386
correction, by rule, shall promulgate minimum standards for jails	13387
in Ohio, including minimum security jails dedicated under section	13388
341.34 or 753.21 of the Revised Code. Whenever the director files	13389
a rule or an amendment to a rule in final form with both the	13390
secretary of state and the director of the legislative service	13391
commission pursuant to section 111.15 of the Revised Code, the	13392
director of rehabilitation and correction promptly shall send a	13393
copy of the rule or amendment, if the rule or amendment pertains	13394
to minimum jail standards, by ordinary mail to the political	13395
subdivisions or affiliations of political subdivisions that	13396
operate jails to which the standards apply.	13397

(2) The rules promulgated in accordance with division (A)(1)	13398
of this section shall serve as criteria for the investigative and	13399
supervisory powers and duties vested by division (D) of this	13400
section in the division of parole and community services of the	13401
department of rehabilitation and correction or in another division	13402
of the department to which those powers and duties are assigned.	13403

(B) The director may initiate an action in the court of	13404
common pleas of the county in which a facility that is subject to	13405
the rules promulgated under division (A)(1) of this section is	13406
situated to enjoin compliance with the minimum standards for jails	13407
or with the minimum standards and minimum renovation,	13408
modification, and construction criteria for minimum security	13409
jails.	13410

(C) Upon the request of an administrator of a jail facility,	13411
the chief executive of a municipal corporation, or a board of	13412
county commissioners, the director of rehabilitation and	13413
correction or the director's designee shall grant a variance from	13414
the minimum standards for jails in Ohio for a facility that is	13415
subject to one of those minimum standards when the director	13416
determines that strict compliance with the minimum standards would	13417
cause unusual, practical difficulties or financial hardship, that	13418
existing or alternative practices meet the intent of the minimum	13419
standards, and that granting a variance would not seriously affect	13420
the security of the facility, the supervision of the inmates, or	13421
the safe, healthful operation of the facility. If the director or	13422
the director's designee denies a variance, the applicant may	13423
appeal the denial pursuant to section 119.12 of the Revised Code.	13424

(D) The following powers and duties shall be exercised by	13425
the division of parole and community services unless assigned to	13426
another division by the director:	13427

(1) The investigation and supervision of county and	13428
municipal jails, workhouses, minimum security jails, and other	13429
correctional institutions and agencies;	13430

(2) The management and supervision of the adult parole	13431
authority created by section 5149.02 of the Revised Code;	13432

(3) The review and approval of proposals for community-based	13433
correctional facilities and programs and district community-based	13434
correctional facilities and programs that are submitted pursuant	13435
to division (B) of section 2301.51 of the Revised Code;	13436

(4) The distribution of funds made available to the division	13437
for purposes of assisting in the renovation, maintenance, and	13438
operation of community-based correctional facilities and programs	13439
and district community-based correctional facilities and programs	13440
in accordance with section 5120.112 of the Revised Code;	13441

(5) The performance of the duty imposed upon the department	13442
of rehabilitation and correction in section 5149.31 of the Revised	13443
Code to establish and administer a program of subsidies to	13444
eligible municipal corporations, counties, and groups of	13445
contiguous counties for the development, implementation, and	13446
operation of community-based corrections programs;	13447

(6) Licensing halfway houses and community residential	13448
centers for the care and treatment of adult offenders in	13449
accordance with section 2967.14 of the Revised Code;	13450

(7) Contracting with a public or private agency or a	13451
department or political subdivision of the state that operates a	13452
licensed halfway house or community residential center for the	13453
provision of housing, supervision, and other services to parolees,	13454
releasees, persons placed under a residential sanction, persons	13455
under transitional control, and probationersother eligible	13456
offenders in accordance with section 2967.14 of the Revised Code.	13457

Other powers and duties may be assigned by the director of	13458
rehabilitation and correction to the division of parole and	13459
community services. This section does not apply to the department	13460
of youth services or its institutions or employees.	13461

Sec. 5120.102.  As used in sections 5120.102 to 5120.105 of	13462
the Revised Code:	13463

(A) "Private, nonprofit organization" means a private	13464
association, organization, corporation, or other entity that is	13465
exempt from federal income taxation under section 501(a) and is	13466
described in section 501(c) of the "Internal Revenue Code of	13467
1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended.	13468

(B) "Governmental agency" means a state agency; a municipal	13469
corporation, county, township, other political subdivision or	13470
special district in this state established by or pursuant to law,	13471
or a combination of those political subdivisions or special	13472
districts; the United States or a department, division, or agency	13473
of the United States; or an agency, commission, or authority	13474
established pursuant to an interstate compact or agreement.	13475

(C) "State agency" means the state or one of its branches,	13476
offices, boards, commissions, authorities, departments, divisions,	13477
or other units or agencies of the state.	13478

(D) "Halfway house organization" means a private, nonprofit	13479
organization or a governmental agency that provides programs or	13480
activities in areas directly concerned with housing and monitoring	13481
offenders who are under the community supervision of the	13482
department of rehabilitation and correction or whom a court places	13483
in a halfway house pursuant to section 2929.16 or2929.26 of the	13484
Revised Code.	13485

(E) "Halfway house facility" means a capital facility in this	13486
state to which all of the following apply:	13487

(1) The construction of the capital facility is authorized	13488
or funded by the general assembly pursuant to division (C) of	13489
section 5120.105 of the Revised Code.	13490

(2) The state owns or has a sufficient real property	13491
interest in the capital facility or in the site of the capital	13492
facility for a period of not less than the greater of the useful	13493
life of the capital facility, as determined by the director of	13494
budget and management using the guidelines for maximum maturities	13495
as provided under divisions (B), (C), and (E) of section 133.20 of	13496
the Revised Code and certified to the department of rehabilitation	13497
and correction and the Ohio building authority, or the final	13498
maturity of obligations issued by the Ohio building authority to	13499
finance the capital facility.	13500

(3) The capital facility is managed directly by, or by	13501
contract with, the department of rehabilitation and correction and	13502
is used for housing offenders who are under the community	13503
supervision of the department of rehabilitation and correction or	13504
whom a court places in a halfway house pursuant to section 2929.16	13505
or2929.26 of the Revised Code.	13506

(F) "Construction" includes acquisition, demolition,	13507
reconstruction, alteration, renovation, remodeling, enlargement,	13508
improvement, site improvements, and related equipping and	13509
furnishing.	13510

(G) "General building services" means general building	13511
services for a halfway house facility that include, but are not	13512
limited to, general custodial care, security, maintenance, repair,	13513
painting, decoration, cleaning, utilities, fire safety, grounds	13514
and site maintenance and upkeep, and plumbing.	13515

(H) "Manage," "operate," or "management" means the provision	13516
of, or the exercise of control over the provision of, activities	13517
that relate to the housing of offenders in correctional	13518
facilities, including, but not limited to, providing for release	13519
services for offenders who are under the community supervision of	13520
the department of rehabilitation and correction or are placed by a	13521
court in a halfway house pursuant to section 2929.16 or2929.26 of	13522
the Revised Code, and who reside in halfway house facilities.	13523

Sec. 5120.103.  (A) To the extent that funds are available,	13524
the department of rehabilitation and correction, in accordance	13525
with this section and sections 5120.104 and 5120.105 of the	13526
Revised Code, may construct or provide for the construction of	13527
halfway house facilities for offenders whom a court places in a	13528
halfway house pursuant to section 2929.16 or2929.26 of the	13529
Revised Code or who are eligible for community supervision by the	13530
department of rehabilitation and correction.	13531

(B) A halfway house organization that seeks to assist in the	13532
program planning of a halfway house facility described in division	13533
(A) of this section shall file an application with the director of	13534
rehabilitation and correction as set forth in a request for	13535
proposal. Upon the submission of an application, the division of	13536
parole and community services shall review it and, if the division	13537
believes it is appropriate, shall submit a recommendation for its	13538
approval to the director. When the division submits a	13539
recommendation for approval of an application, the director may	13540
approve the application. The director shall not take action or	13541
fail to take action, or permit the taking of action or the failure	13542
to take action, with respect to halfway house facilities that	13543
would adversely affect the exclusion of interest on public	13544
obligations or on fractionalized interests in public obligations	13545
from gross income for federal income tax purposes, or the	13546
classification or qualification of the public obligations or the	13547
interest on or fractionalized interests in public obligations for,	13548
or their exemption from, other treatment under the Internal	13549
Revenue Code.	13550

(C) The director of rehabilitation and correction and the	13551
halfway house organization may enter into an agreement	13552
establishing terms for the program planning of the halfway house	13553
facility. Any terms so established shall conform to the terms of	13554
any covenant or agreement pertaining to an obligation from which	13555
the funds used for the construction of the halfway house facility	13556
are derived.	13557

(D) The director of rehabilitation and correction, in	13558
accordance with Chapter 119. of the Revised Code, shall adopt	13559
rules that specify procedures by which a halfway house	13560
organization may apply for a contract for program planning of a	13561
halfway house facility constructed under this section, procedures	13562
for the department to follow in considering an application,	13563
criteria for granting approval of an application, and any other	13564
rules that are necessary for the selection of program planners of	13565
a halfway house facility.	13566

Sec. 5120.56.  (A) As used in this section:

13567

(1) "Ancillary services" means services provided to an	13568
offender as necessary for the particular circumstances of the	13569
offender's personal supervision, including, but not limited to,	13570
specialized counseling, testing, or other services not included in	13571
the calculation of residential or supervision costs.	13572

(2) "Cost debt" means a cost of incarceration or supervision	13573
that may be assessed against and collected from an offender as a	13574
debt to the state as described in division (D) of this section.	13575

(3) "Detention facility" means any place used for the	13576
confinement of a person charged with or convicted of any crime.	13577

(4) "Offender" means any inmate, parolee, probationerperson	13578
placed under a community control sanction, releasee, or other	13579
person who has been convicted of or pleaded guilty to any felony	13580
or misdemeanor and is sentenced to any of the following:	13581

(a) A term of imprisonment, a prison term, a jail term, or	13582
another type of confinement in a detention facility;	13583

(b) Participation in another correctional program in lieu of	13584
incarceration.	13585

(5) "Community control sanction," "prison term," and "jail	13586
term" have the same meanings as in section 2929.01 of the Revised	13587
Code.	13588

(6) "Parolee" and "releasee" have the same meanings as in	13589
section 2967.01 of the Revised Code.	13590

(B) The department of rehabilitation and correction may	13591
recover from an offender who is in its custody or under its	13592
supervision any cost debt described in division (D) of this	13593
section. To satisfy a cost debt described in that division that	13594
relates to an offender, the department may apply directly assets	13595
that are in the department's possession and that are being held	13596
for that offender without further proceedings in aid of execution,	13597
and, if assets belonging to or subject to the direction of that	13598
offender are in the possession of a third party, the department	13599
may request the attorney general to initiate proceedings to	13600
collect the assets from the third party to satisfy the cost debt.	13601

(C) Except as otherwise provided in division (E) or (G) of	13602
this section, all of the following assets of an offender shall be	13603
subject to attachment, collection, or application toward the cost	13604
debts described in division (D) of this section that are to be	13605
recovered under division (B) of this section:	13606

(1) Subject to division (E) of this section, any pay the	13607
offender receives from the state;	13608

(2) Subject to division (E) of this section, any funds the	13609
offender receives from persons on an approved visitor list;	13610

(3) Any liquid assets belonging to the offender and in the	13611
custody of the department of rehabilitation and correction;	13612

(4) Any assets the offender acquires or any other income the	13613
offender earns subsequent to the offender's commitment.	13614

(D) Costs of incarceration or supervision that may be	13615
assessed against and collected from an offender under division (B)	13616
of this section as a debt to the state shall include, but are not	13617
limited to, all of the following costs that accrue while the	13618
offender is in the custody or under the supervision of the	13619
department of rehabilitation and correction:	13620

(1) Any user fee or copayment for services at a detention	13621
facility or housing facility, including, but not limited to, a fee	13622
or copayment for sick call visits;	13623

(2) Assessment for damage to or destruction of property in a	13624
detention facility subsequent to commitment;	13625

(3) Restitution to an offender or to a staff member of a	13626
state correctional institution for theft, loss, or damage to the	13627
personal property of the offender or staff member;	13628

(4) The cost of housing and feeding the offender in a	13629
detention facility;	13630

(5) The cost of supervision of the offender;

13631

(6) The cost of any ancillary services provided to the	13632
offender.	13633

(E) The cost of housing and feeding an offender in a state	13634
correctional institution shall not be collected from a payment	13635
made to the offender for performing an activity at a state job or	13636
assignment that pays less than the minimum wage or from money the	13637
offender receives from visitors, unless the combined assets in the	13638
offender's institution personal account exceed, at any time, one	13639
hundred dollars. If the combined assets in that account exceed	13640
one hundred dollars, the cost of housing and feeding the offender	13641
may be collected from the amount in excess of one hundred dollars.	13642

(F)(1) The department of rehabilitation and correction shall	13643
adopt rules pursuant to section 111.15 of the Revised Code to	13644
implement the requirements of this section.	13645

(2) The rules adopted under division (F)(1) of this section	13646
shall include, but are not limited to, rules that establish or	13647
contain all of the following:	13648

(a) A process for ascertaining the items of cost to be	13649
assessed against an offender;	13650

(b) Subject to division (F)(3) of this section, a process by	13651
which the offender shall have the opportunity to respond to the	13652
assessment of costs under division (B) of this section and to	13653
contest any item of cost in the department's calculation or as it	13654
applies to the offender;	13655

(c) A requirement that the offender be notified, in writing,	13656
of a final decision to collect or apply the offender's assets	13657
under division (B) of this section and that the notification be	13658
provided after the offender has had an opportunity to contest the	13659
application or collection;	13660

(d) Criteria for evaluating an offender's ongoing, permanent	13661
injury and evaluating the ability of that type of offender to	13662
provide for the offender after incarceration.	13663

(3) The rules adopted under division (F)(1) of this section	13664
may allow the collection of a cost debt as a flat fee or over time	13665
in installments. If the cost debt is to be collected over time in	13666
installments, the rules are not required to permit the offender an	13667
opportunity to contest the assessment of each installment. The	13668
rules may establish a standard fee to apply to all offenders who	13669
receive a particular service.	13670

(G) The department of rehabilitation and correction shall	13671
not collect cost debts or apply offender assets toward a cost debt	13672
under division (B) of this section if, due to an ongoing,	13673
permanent injury, the collection or application would unjustly	13674
limit the offender's ability to provide for the offender after	13675
incarceration.	13676

(H) If an offender acquires assets after the offender is	13677
convicted of or pleads guilty to an offense and if the transferor	13678
knows of the offender's status as an offender, the transferor	13679
shall notify the department of rehabilitation and correction in	13680
advance of the transfer.	13681

(I) There is hereby created in the state treasury the	13682
offender financial responsibility fund. All moneys collected by	13683
or on behalf of the department under this section, and all moneys	13684
currently in the department's custody that are applied to satisfy	13685
an allowable cost debt under this section, shall be deposited into	13686
the fund. The department of rehabilitation and correction may	13687
expend moneys in the fund for goods and services of the same type	13688
as those for which offenders are assessed pursuant to this	13689
section.	13690

Sec. 5122.01.  As used in this chapter and Chapter 5119. of	13691
the Revised Code:	13692

(A) "Mental illness" means a substantial disorder of thought,	13693
mood, perception, orientation, or memory that grossly impairs	13694
judgment, behavior, capacity to recognize reality, or ability to	13695
meet the ordinary demands of life.	13696

(B) "Mentally ill person subject to hospitalization by court	13697
order" means a mentally ill person who, because of the person's	13698
illness:	13699

(1) Represents a substantial risk of physical harm to self	13700
as manifested by evidence of threats of, or attempts at, suicide	13701
or serious self-inflicted bodily harm;	13702

(2) Represents a substantial risk of physical harm to others	13703
as manifested by evidence of recent homicidal or other violent	13704
behavior, evidence of recent threats that place another in	13705
reasonable fear of violent behavior and serious physical harm, or	13706
other evidence of present dangerousness;	13707

(3) Represents a substantial and immediate risk of serious	13708
physical impairment or injury to self as manifested by evidence	13709
that the person is unable to provide for and is not providing for	13710
the person's basic physical needs because of the person's mental	13711
illness and that appropriate provision for those needs cannot be	13712
made immediately available in the community; or	13713

(4) Would benefit from treatment in a hospital for histhe	13714
person's mental illness and is in need of such treatment as	13715
manifested by evidence of behavior that creates a grave and	13716
imminent risk to substantial rights of others or himselfthe	13717
person.	13718

(C)(1) "Patient" means, subject to division (C)(2) of this	13719
section, a person who is admitted either voluntarily or	13720
involuntarily to a hospital or other place under section 2945.39,	13721
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	13722
finding of not guilty by reason of insanity or incompetence to	13723
stand trial or under this chapter, who is under observation or	13724
receiving treatment in such place.	13725

(2) "Patient" does not include a person admitted to a	13726
hospital or other place under section 2945.39, 2945.40, 2945.401,	13727
or 2945.402 of the Revised Code to the extent that the reference	13728
in this chapter to patient, or the context in which the reference	13729
occurs, is in conflict with any provision of sections 2945.37 to	13730
2945.402 of the Revised Code.	13731

(D) "Licensed physician" means a person licensed under the	13732
laws of this state to practice medicine or a medical officer of	13733
the government of the United States while in this state in the	13734
performance of the person's official duties.	13735

(E) "Psychiatrist" means a licensed physician who has	13736
satisfactorily completed a residency training program in	13737
psychiatry, as approved by the residency review committee of the	13738
American medical association, the committee on post-graduate	13739
education of the American osteopathic association, or the American	13740
osteopathic board of neurology and psychiatry, or who on July 1,	13741
1989, has been recognized as a psychiatrist by the Ohio state	13742
medical association or the Ohio osteopathic association on the	13743
basis of formal training and five or more years of medical	13744
practice limited to psychiatry.	13745

(F) "Hospital" means a hospital or inpatient unit licensed by	13746
the department of mental health under section 5119.20 of the	13747
Revised Code, and any institution, hospital, or other place	13748
established, controlled, or supervised by the department under	13749
Chapter 5119. of the Revised Code.	13750

(G) "Public hospital" means a facility that is tax-supported	13751
and under the jurisdiction of the department of mental health.	13752

(H) "Community mental health agency" means any agency,	13753
program, or facility with which a board of alcohol, drug	13754
addiction, and mental health services contracts to provide the	13755
mental health services listed in section 340.09 of the Revised	13756
Code.	13757

(I) "Licensed clinical psychologist" means a person who holds	13758
a current valid psychologist license issued under section 4732.12	13759
or 4732.15 of the Revised Code, and in addition, meets either of	13760
the following criteria:	13761

(1) Meets the educational requirements set forth in division	13762
(B) of section 4732.10 of the Revised Code and has a minimum of	13763
two years' full-time professional experience, or the equivalent as	13764
determined by rule of the state board of psychology, at least one	13765
year of which shall be post-doctoral, in clinical psychological	13766
work in a public or private hospital or clinic or in private	13767
practice, diagnosing and treating problems of mental illness or	13768
mental retardation under the supervision of a psychologist who is	13769
licensed or who holds a diploma issued by the American board of	13770
professional psychology, or whose qualifications are substantially	13771
similar to those required for licensure by the state board of	13772
psychology when the supervision has occurred prior to enactment of	13773
laws governing the practice of psychology;	13774

(2) Meets the educational requirements set forth in division	13775
(B) of section 4732.15 of the Revised Code and has a minimum of	13776
four years' full-time professional experience, or the equivalent	13777
as determined by rule of the state board of psychology, in	13778
clinical psychological work in a public or private hospital or	13779
clinic or in private practice, diagnosing and treating problems of	13780
mental illness or mental retardation under supervision, as set	13781
forth in division (I)(1) of this section.	13782

(J) "Health officer" means any public health physician;	13783
public health nurse; or other person authorized by or designated	13784
by a city health district; a general health district; or a board	13785
of alcohol, drug addiction, and mental health services to perform	13786
the duties of a health officer under this chapter.	13787

(K) "Chief clinical officer" means the medical director of a	13788
hospital, or a community mental health agency, or a board of	13789
alcohol, drug addiction, and mental health services, or, if there	13790
is no medical director, the licensed physician responsible for the	13791
treatment a hospital or community mental health agency provides.	13792
The chief clinical officer may delegate to the attending physician	13793
responsible for a patient's care the duties imposed on the chief	13794
clinical officer by this chapter. Within a community mental	13795
health agency, the chief clinical officer shall be designated by	13796
the governing body of the agency and shall be a licensed physician	13797
or licensed clinical psychologist who supervises diagnostic and	13798
treatment services. A licensed physician or licensed clinical	13799
psychologist designated by the chief clinical officer may perform	13800
the duties and accept the responsibilities of the chief clinical	13801
officer in histhe chief clinical officer's absence.	13802

(L) "Working day" or "court day" means Monday, Tuesday,	13803
Wednesday, Thursday, and Friday, except when such day is a	13804
holiday.	13805

(M) "Indigent" means unable without deprivation of	13806
satisfaction of basic needs to provide for the payment of an	13807
attorney and other necessary expenses of legal representation,	13808
including expert testimony.	13809

(N) "Respondent" means the person whose detention,	13810
commitment, hospitalization, continued hospitalization or	13811
commitment, or discharge is being sought in any proceeding under	13812
this chapter.	13813

(O) "Legal rights service" means the service established	13814
under section 5123.60 of the Revised Code.	13815

(P) "Independent expert evaluation" means an evaluation	13816
conducted by a licensed clinical psychologist, psychiatrist, or	13817
licensed physician who has been selected by the respondent or his	13818
the respondent's counsel and who consents to conducting the	13819
evaluation.	13820

(Q) "Court" means the probate division of the court of common	13821
pleas.	13822

(R) "Expunge" means:

13823

(1) The removal and destruction of court files and records,	13824
originals and copies, and the deletion of all index references;	13825

(2) The reporting to the person of the nature and extent of	13826
any information about himthe person transmitted to any other	13827
person by the court;	13828

(3) Otherwise insuring that any examination of court files	13829
and records in question shall show no record whatever with respect	13830
to the person;	13831

(4) That all rights and privileges are restored, and that	13832
the person, the court, and any other person may properly reply	13833
that no such record exists, as to any matter expunged.	13834

(S) "Residence" means a person's physical presence in a	13835
county with intent to remain there, except that:	13836

(1) If a person is receiving a mental health service at a	13837
facility that includes nighttime sleeping accommodations,	13838
residence means that county in which the person maintained histhe	13839
person's primary place of residence at the time hethe person	13840
entered the facility;	13841

(2) If a person is committed pursuant to section 2945.38,	13842
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	13843
residence means the county where the criminal charges were filed.	13844

When the residence of a person is disputed, the matter of	13845
residence shall be referred to the department of mental health for	13846
investigation and determination. Residence shall not be a basis	13847
for a board's denying services to any person present in the	13848
board's service district, and the board shall provide services for	13849
a person whose residence is in dispute while residence is being	13850
determined and for a person in an emergency situation.	13851

(T) "Admission" to a hospital or other place means that a	13852
patient is accepted for and stays at least one night at the	13853
hospital or other place.	13854

(U) "Prosecutor" means the prosecuting attorney, village	13855
solicitor, city director of law, or similar chief legal officer	13856
who prosecuted a criminal case in which a person was found not	13857
guilty by reason of insanity, who would have had the authority to	13858
prosecute a criminal case against a person if the person had not	13859
been found incompetent to stand trial, or who prosecuted a case in	13860
which a person was found guilty.	13861

(V) "Treatment plan" means a written statement of reasonable	13862
objectives and goals for an individual established by the	13863
treatment team, with specific criteria to evaluate progress	13864
towards achieving those objectives. The active participation of	13865
the patient in establishing the objectives and goals shall be	13866
documented. The treatment plan shall be based on patient needs	13867
and include services to be provided to the patient while hethe	13868
patient is hospitalized and after hethe patient is discharged.	13869
The treatment plan shall address services to be provided upon	13870
discharge, including but not limited to housing, financial, and	13871
vocational services.	13872

(W)"Community control sanction" has the same meaning as in	13873
section 2929.01 of the Revised Code.	13874

(X) "Post-release control sanction" has the same meaning as	13875
in section 2967.01 of the Revised Code.	13876

Sec. 5122.10.  Any psychiatrist, licensed clinical	13877
psychologist, licensed physician, health officer, parole officer,	13878
police officer, or sheriff may take a person into custody, or the	13879
chief of the adult parole authority or a parole or probation	13880
officer with the approval of the chief of the authority may take a	13881
parolee, probationer,an offender onunder a community control	13882
sanction or a post-release control sanction, or an offender under	13883
transitional control into custody and may immediately transport	13884
the parolee, probationer, offender on community control or	13885
post-release control, or offender under transitional control to a	13886
hospital or, notwithstanding section 5119.20 of the Revised Code,	13887
to a general hospital not licensed by the department of mental	13888
health where the parolee, probationer, offender on community	13889
control or post-release control, or offender under transitional	13890
control may be held for the period prescribed in this section, if	13891
the psychiatrist, licensed clinical psychologist, licensed	13892
physician, health officer, parole officer, police officer, or	13893
sheriff has reason to believe that the person is a mentally ill	13894
person subject to hospitalization by court order under division	13895
(B) of section 5122.01 of the Revised Code, and represents a	13896
substantial risk of physical harm to self or others if allowed to	13897
remain at liberty pending examination.	13898

A written statement shall be given to such hospital by the	13899
transporting psychiatrist, licensed clinical psychologist,	13900
licensed physician, health officer, parole officer, police	13901
officer, chief of the adult parole authority, parole or probation	13902
officer, or sheriff stating the circumstances under which such	13903
person was taken into custody and the reasons for the	13904
psychiatrist's, licensed clinical psychologist's, licensed	13905
physician's, health officer's, parole officer's, police officer's,	13906
chief of the adult parole authority's, parole or probation	13907
officer's, or sheriff's belief. This statement shall be made	13908
available to the respondent or the respondent's attorney upon	13909
request of either.	13910

Every reasonable and appropriate effort shall be made to take	13911
persons into custody in the least conspicuous manner possible. A	13912
person taking the respondent into custody pursuant to this section	13913
shall explain to the respondent: the name, professional	13914
designation, and agency affiliation of the person taking the	13915
respondent into custody; that the custody-taking is not a criminal	13916
arrest; and that the person is being taken for examination by	13917
mental health professionals at a specified mental health facility	13918
identified by name.	13919

If a person taken into custody under this section is	13920
transported to a general hospital, the general hospital may admit	13921
the person, or provide care and treatment for the person, or both,	13922
notwithstanding section 5119.20 of the Revised Code, but by the	13923
end of twenty-four hours after arrival at the general hospital,	13924
the person shall be transferred to a hospital as defined in	13925
section 5122.01 of the Revised Code.	13926

A person transported or transferred to a hospital or	13927
community mental health agency under this section shall be	13928
examined by the staff of the hospital or agency within twenty-four	13929
hours after arrival at the hospital or agency. If to conduct the	13930
examination requires that the person remain overnight, the	13931
hospital or agency shall admit the person in an unclassified	13932
status until making a disposition under this section. After the	13933
examination, if the chief clinical officer of the hospital or	13934
agency believes that the person is not a mentally ill person	13935
subject to hospitalization by court order, the chief clinical	13936
officer shall release or discharge the person immediately unless a	13937
court has issued a temporary order of detention applicable to the	13938
person under section 5122.11 of the Revised Code. After the	13939
examination, if the chief clinical officer believes that the	13940
person is a mentally ill person subject to hospitalization by	13941
court order, the chief clinical officer may detain the person for	13942
not more than three court days following the day of the	13943
examination and during such period admit the person as a voluntary	13944
patient under section 5122.02 of the Revised Code or file an	13945
affidavit under section 5122.11 of the Revised Code. If neither	13946
action is taken and a court has not otherwise issued a temporary	13947
order of detention applicable to the person under section 5122.11	13948
of the Revised Code, the chief clinical officer shall discharge	13949
the person at the end of the three-day period unless the person	13950
has been sentenced to the department of rehabilitation and	13951
correction and has not been released from the person's sentence,	13952
in which case the person shall be returned to that department.	13953

Sec. 5122.21.  (A) The chief clinical officer shall as	13954
frequently as practicable, and at least once every thirty days,	13955
examine or cause to be examined every patient, and, whenever the	13956
chief clinical officer determines that the conditions justifying	13957
involuntary hospitalization or commitment no longer obtain, shall,	13958
except as provided in division (C) of this section, discharge the	13959
patient not under indictment or conviction for crime and	13960
immediately make a report of the discharge to the department of	13961
mental health. The chief clinical officer may discharge a patient	13962
who is under an indictment, a sentence of imprisonment, a	13963
community control sanction, or a post-release control sanction or	13964
on probation or parole ten days after written notice of intent to	13965
discharge the patient has been given by personal service or	13966
certified mail, return receipt requested, to the court having	13967
criminal jurisdiction over the patient. Except when the patient	13968
was found not guilty by reason of insanity and histhe defendant's	13969
commitment is pursuant to section 2945.40 of the Revised Code, the	13970
chief clinical officer has final authority to discharge a patient	13971
who is under an indictment, a sentence of imprisonment, a	13972
community control sanction, or a post-release control sanction or	13973
on probation or parole.	13974

(B) After a finding pursuant to section 5122.15 of the	13975
Revised Code that a person is a mentally ill person subject to	13976
hospitalization by court order, the chief clinical officer of the	13977
hospital or agency to which the person is ordered or to which the	13978
person is transferred under section 5122.20 of the Revised Code,	13979
may, except as provided in division (C) of this section, grant a	13980
discharge without the consent or authorization of any court.	13981

Upon discharge, the chief clinical officer shall notify the	13982
court that caused the judicial hospitalization of the discharge	13983
from the hospital.	13984

Sec. 5122.26.  (A) If a patient is absent without leave, on	13985
a verbal or written order issued within five days of the time of	13986
the unauthorized absence by the department of mental health, the	13987
chief clinical officer of the hospital from which the patient is	13988
absent without leave, or the court of either the county from which	13989
the patient was committed or in which the patient is found, any	13990
health or police officer or sheriff may take the patient into	13991
custody and transport the patient to the hospital in which the	13992
patient was hospitalized or to a place that is designated in the	13993
order. The officer immediately shall report such fact to the	13994
agency that issued the order.	13995

The chief clinical officer of a hospital may discharge a	13996
patient who is under an indictment, a sentence of imprisonment, a	13997
community control sanction, or a post-release control sanction or	13998
on probation or parole and who has been absent without leave for	13999
more than thirty days, but shall give written notice of the	14000
discharge to the court with criminal jurisdiction over the	14001
patient. The chief clinical officer of a hospital may discharge	14002
any other patient who has been absent without leave for more than	14003
fourteen days.	14004

The chief clinical officer shall take all proper measures for	14005
the apprehension of an escaped patient. The expense of the return	14006
of an escaped patient shall be borne by the hospital where the	14007
patient is hospitalized.	14008

(B)(1) Subject to division (B)(2) of this section, no	14009
patient hospitalized under Chapter 5122. of the Revised Code whose	14010
absence without leave was caused or contributed to by histhe	14011
patient's mental illness shall be subject to a charge of escape.	14012

(2) Division (B)(1) of this section does not apply to any	14013
person who was hospitalized, institutionalized, or confined in a	14014
facility under an order made pursuant to or under authority of	14015
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	14016
2945.402 of the Revised Code and who escapes from the facility,	14017
from confinement in a vehicle for transportation to or from the	14018
facility, or from supervision by an employee of the facility that	14019
is incidental to hospitalization, institutionalization, or	14020
confinement in the facility and that occurs outside the facility,	14021
in violation of section 2921.34 of the Revised Code.	14022

Sec. 5123.13.  (A) As used in this section, "felony" has the	14023
same meaning as in section 109.511 of the Revised Code.	14024

(B)(1) Subject to division (C) of this section, upon the	14025
recommendation of the director of mental retardation and	14026
developmental disabilities, the managing officer of an institution	14027
under the jurisdiction of the department of mental retardation and	14028
developmental disabilities may designate one or more employees to	14029
be special police officers of the department. The special police	14030
officers shall take an oath of office, wear the badge of office,	14031
and give bond for the proper and faithful discharge of their	14032
duties in an amount that the director requires.	14033

(2) In accordance with section 109.77 of the Revised Code,	14034
the special police officers shall be required to complete	14035
successfully a peace officer basic training program approved by	14036
the Ohio peace officer training commission and to be certified by	14037
the commission. The cost of the training shall be paid by the	14038
department of mental retardation and developmental disabilities.	14039

(3) Special police officers, on the premises of institutions	14040
under the jurisdiction of the department of mental retardation and	14041
developmental disabilities and subject to the rules of the	14042
department, shall protect the property of the institutions and the	14043
persons and property of patients in the institutions, suppress	14044
riots, disturbances, and breaches of the peace, and enforce the	14045
laws of the state and the rules of the department for the	14046
preservation of good order. They may arrest any person without a	14047
warrant and detain the person until a warrant can be obtained	14048
under the circumstances described in division (F) of section	14049
2935.03 of the Revised Code.	14050

(C)(1) The managing officer of an institution under the	14051
jurisdiction of the department of mental retardation and	14052
developmental disabilities shall not designate an employee as a	14053
special police officer of the department pursuant to division	14054
(B)(1) of this section on a permanent basis, on a temporary basis,	14055
for a probationary term, or on other than a permanent basis if the	14056
employee previously has been convicted of or has pleaded guilty to	14057
a felony.	14058

(2)(a) The managing officer of an institution under the	14059
jurisdiction of the department of mental retardation and	14060
developmental disabilities shall terminate the employment as a	14061
special police officer of the department of an employee designated	14062
as a special police officer under division (B)(1) of this section	14063
if that employee does either of the following:	14064

(i) Pleads guilty to a felony;

14065

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14066
plea agreement as provided in division (D) of section 2929.29	14067
2929.43 of the Revised Code in which the employee agrees to	14068
surrender the certificate awarded to that employee under section	14069
109.77 of the Revised Code.	14070

(b) The managing officer shall suspend from employment as a	14071
special police officer of the department an employee designated as	14072
a special police officer under division (B)(1) of this section if	14073
that employee is convicted, after trial, of a felony. If the	14074
special police officer files an appeal from that conviction and	14075
the conviction is upheld by the highest court to which the appeal	14076
is taken or if the special police officer does not file a timely	14077
appeal, the managing officer shall terminate the employment of	14078
that special police officer. If the special police officer files	14079
an appeal that results in that special police officer's acquittal	14080
of the felony or conviction of a misdemeanor, or in the dismissal	14081
of the felony charge against that special police officer, the	14082
managing officer shall reinstate that special police officer. A	14083
special police officer of the department who is reinstated under	14084
division (C)(2)(b) of this section shall not receive any back pay	14085
unless that special police officer's conviction of the felony was	14086
reversed on appeal, or the felony charge was dismissed, because	14087
the court found insufficient evidence to convict the special	14088
police officer of the felony.	14089

(3) Division (C) of this section does not apply regarding an	14090
offense that was committed prior to January 1, 1997.	14091

(4) The suspension from employment, or the termination of	14092
the employment, of a special police officer under division (C)(2)	14093
of this section shall be in accordance with Chapter 119. of the	14094
Revised Code.	14095

Sec. 5147.12.  The labor or time of any person confined in	14096
any workhouse or jail shall not be let, farmed out, given, sold,	14097
or contracted to any person. Work performed under a work-release	14098
program authorized under section 5147.28 of the Revised Code is	14099
not in violation of this section.	14100

This section does not apply to any person serving a periodic	14101
sentence under division (A)(3)(B) of section 2929.512929.26 of	14102
the Revised Code, insofar as that person is engaged between	14103
periods of confinement in the person's regular trade or occupation	14104
for the support of the person or the person's family. This	14105
section does not apply to prisoners participating in a county jail	14106
industry program established under section 5147.30 of the Revised	14107
Code.	14108

Sec. 5147.30.  (A) As used in this section, "prisoner" means	14109
any person confined in the county jail in lieu of bail while	14110
awaiting trial, any person committed to jail for nonpayment of a	14111
fine, or any person sentenced by a court to the jail.	14112

(B) A board of county commissioners, by resolution adopted	14113
by a majority vote of its members, may approve the establishment	14114
of a county jail industry program for its county in accordance	14115
with this section.	14116

(C) Upon the adoption by the board of the resolution	14117
described in division (B) of this section, a jail industry board	14118
shall be established, consisting of three voting members appointed	14119
by the board of county commissioners, three voting members	14120
appointed by the county sheriff, and one voting member appointed	14121
jointly by the board of county commissioners and the county	14122
sheriff. One of these voting members shall have knowledge of and	14123
experience in the social services, one in the field of labor, one	14124
in law enforcement, and one in business. The initial appointments	14125
to the jail industry board shall be made on the same date. Of the	14126
initial appointments, one by the board of county commissioners and	14127
one by the county sheriff shall be for terms ending one year after	14128
the date of appointment, two by the board of county commissioners	14129
and two by the county sheriff shall be for terms ending two years	14130
after that date, and the joint appointment shall be for a term	14131
ending three years after that date. Thereafter, terms of office	14132
for all appointed members shall be for three years, with each term	14133
ending on the same day of the same month as did the term that it	14134
succeeds. Any vacancy on the board shall be filled in the same	14135
manner as the original appointment. Any member appointed to fill	14136
a vacancy occurring prior to the expiration date of the term for	14137
which the member's predecessor was appointed shall hold office as	14138
a member for the remainder of that term. Any member shall	14139
continue in office subsequent to the expiration date of the	14140
member's term until the member's successor takes office, or until	14141
a period of sixty days has elapsed, whichever occurs first.	14142

The jail industry board, by majority vote, may appoint	14143
additional persons to serve as nonvoting members of the board.	14144

Each member of the jail industry board shall be reimbursed	14145
for expenses actually and necessarily incurred in the performance	14146
of the member's duties as a board member. The board of county	14147
commissioners, by resolution, shall approve the expenses to be	14148
reimbursed.	14149

(D) A jail industry board established under division (C) of	14150
this section shall establish a program for the employment of as	14151
many prisoners as possible, except those unable to perform labor	14152
because of illness or other health problems, security	14153
requirements, routine processing, disciplinary action, or other	14154
reasonable circumstances or because they are engaged in education	14155
or vocational or other training. The employment may be in jail	14156
manufacturing and service industries and agriculture, in private	14157
industry or agriculture that is located within or outside the	14158
jail, in public works, in institutional jobs necessary for the	14159
proper maintenance and operation of the jail, or in any other	14160
appropriate form of labor. The county shall attempt to employ,	14161
provide employment for, and seek employment for as many prisoners	14162
as possible through the program. The county is not required to	14163
provide employment for every employable prisoner when the	14164
available funds, facilities, or jobs are insufficient to provide	14165
the employment; however, a county that has a county jail industry	14166
program shall continuously seek sources of employment for as many	14167
employable prisoners as possible.	14168

(E) The jail industry program established under division (D)	14169
of this section shall do all of the following:	14170

(1) Establish a system for assigning prisoners to perform	14171
jobs, for periodically evaluating the job performance of each	14172
prisoner, and for periodically evaluating the qualifications of	14173
each prisoner for other jobs;	14174

(2) Attempt to provide jobs and job training for prisoners	14175
that will be useful to them in obtaining employment when released,	14176
except that institutional jobs at the jail need not be related to	14177
any previous employment of the prisoner or relevant to any job the	14178
prisoner intends to pursue after release from jail;	14179

(3) Establish an accounting system to administer and	14180
allocate the earnings of each prisoner. The accounting system may	14181
permit earnings to be used for payment of the employee taxes and	14182
workers' compensation of the prisoner, for reimbursing the county	14183
for room and board and for the expense of providing employment to	14184
the prisoner, for restitution to the victims of the prisoner's	14185
offenses if the prisoner voluntarily requests or is under court	14186
order to make restitution payments, for fines and court costs, for	14187
support of the dependents of the prisoner, and for an account for	14188
the prisoner.	14189

(4) Require all persons who employ prisoners to meet all	14190
applicable work safety standards.	14191

(F) The jail industry board, with the approval of the county	14192
sheriff, shall adopt rules for the establishment and	14193
administration of the jail industry program. The rules shall	14194
provide for all of the following:	14195

(1) A procedure for seeking the employment of prisoners in	14196
penal industries and agriculture, in private industry and	14197
agriculture located within or outside the county jail, in public	14198
works, in institutional jobs necessary for the proper maintenance	14199
or operation of the county's institutions, and in other	14200
appropriate forms of labor;	14201

(2) A system of compensation, allowances, hours, conditions	14202
of employment, and advancement for prisoners employed in any form	14203
of labor;	14204

(3) The regulation of the working conditions of prisoners	14205
employed in any form of labor;	14206

(4) An accounting system for the allocation of the earnings	14207
of each prisoner;	14208

(5) Any other rules on any subject that are necessary to	14209
administer the program or to provide employment for as many	14210
prisoners as possible.	14211

(G) In establishing and administering a county jail industry	14212
program, the board of county commissioners, upon the	14213
recommendation of the jail industry board and the county sheriff	14214
may do any of the following:	14215

(1) Enter into contracts with private industry, agriculture,	14216
and other organizations or persons, and receive grants to	14217
establish test work programs within or outside institutions under	14218
the control of the county;	14219

(2) Enter into contracts with private industry for the	14220
establishment of manufacturing and service industries within or	14221
near institutions under the control of the county for the	14222
employment of prisoners;	14223

(3) Enter into contracts with private industry, agriculture,	14224
and other organizations or persons to provide employment for	14225
prisoners;	14226

(4) Enter into any other contracts or perform any other	14227
functions that are necessary for the county jail industry program.	14228

(H) The jail industry program established under division (D)	14229
of this section shall be administered in accordance with any rules	14230
adopted by the jail industry board pursuant to division (F) of	14231
this section and with the following requirements:	14232

(1) The county sheriff at all times shall be responsible for	14233
the security and discipline of the prisoners in the program. the	14234
sheriff shall adopt a procedure for the discipline of a prisoner	14235
who violates the requirements of a job in the program, and the	14236
sheriff may remove a prisoner from the program if the sheriff	14237
determines that considerations of security or discipline require	14238
it.	14239

(2) When the sentence imposed on a prisoner includes a	14240
specification pursuant to division (F)(E) of section 2929.21	14241
2929.24 of the Revised Code, authorizing the county sheriff to	14242
consider the prisoner for participation in the county jail	14243
industry program, the sheriff shall review the qualifications of	14244
the prisoner and determine whether the prisoner's participation in	14245
the program is appropriate.	14246

(3) When making the initial job assignment for a prisoner	14247
whom the county sheriff has approved for participation in the	14248
program, the board shall consider the nature of the offense	14249
committed by the prisoner, the availability of employment, the	14250
security requirements of the prisoner, the prisoner's present	14251
state of mind, the prisoner's jail record, and all other relevant	14252
factors. When making the initial job assignment of a prisoner,	14253
the board shall attempt to develop the work skills of the	14254
prisoner, provide the prisoner rehabilitation, consider the	14255
proximity of the job to the prisoner's family, and permit the	14256
prisoner to provide support for the prisoner's dependents if the	14257
prisoner's earnings are sufficient to make that feasible.	14258

(4) Each prisoner shall be required to perform	14259
satisfactorily the job to which the prisoner is assigned, be	14260
permitted to be absent from that job only for legitimate reasons,	14261
be required to comply with all security requirements, and be	14262
required to comply with any other reasonable job performance	14263
standards.	14264

(5) A prisoner who violates the work requirements of any job	14265
shall be disciplined pursuant to the disciplinary procedure	14266
adopted by the county sheriff pursuant to division (H)(1) of this	14267
section.	14268

Sec. 5149.03.  (A) The adult parole authority shall	14269
administer Chapter 5149. and the provisions of Chapter 2967.,	14270
Chapter 2971., and sections 2301.27 to 2301.32, 2941.46, 2951.05,	14271
2951.06, and 2951.08 of the Revised Code that impose duties upon	14272
the authority.	14273

The authority may enter into a written agreement with a	14274
person or government entity to share information, personnel, and	14275
services for one or more of the following purposes: training,	14276
crime interdiction, fugitive apprehension, and community	14277
supervision. The agreement may permit the authority to act in	14278
concert with and provide assistance to a law enforcement agency,	14279
as defined in section 5101.26 of the Revised Code, in detecting,	14280
tracking, apprehending, or detaining an individual subject to	14281
arrest.	14282

(B)(1) As used in division (B) of this section:

14283

(a) "Ohio prisoner" has the same meaning as in section	14284
5120.64 of the Revised Code.	14285

(b) "Out-of-state prisoner" and "private contractor" have	14286
the same meanings as in section 9.07 of the Revised Code.	14287

(2) The adult parole authority, in order to discharge its	14288
duties under Chapters 2967. and 5149. of the Revised Code, may	14289
enter into a contract with a private person or entity for the	14290
return of Ohio prisoners who are the responsibility of the	14291
department of rehabilitation and correction from outside of this	14292
state to a location in this state specified by the adult parole	14293
authority. If the adult parole authority enters into a contract	14294
as described in this division, subject to division (B)(3) of this	14295
section, the private person or entity in accordance with the	14296
contract may return Ohio prisoners from outside of this state to	14297
locations in this state specified by the adult parole authority. A	14298
contract entered into under this division shall include all of the	14299
following:	14300

(a) Specific provisions that assign the responsibility for	14301
costs related to medical care of prisoners while they are being	14302
returned that is not covered by insurance of the private person or	14303
entity;	14304

(b) Specific provisions that set forth the number of days,	14305
not exceeding ten, within which the private person or entity,	14306
after it receives the prisoner in the other state, must deliver	14307
the prisoner to the location in this state specified by the adult	14308
parole authority, subject to the exceptions adopted as described	14309
in division (B)(2)(c) of this section;	14310

(c) Any exceptions to the specified number of days for	14311
delivery specified as described in division (B)(2)(b) of this	14312
section;	14313

(d) A requirement that the private person or entity	14314
immediately report all escapes of prisoners who are being returned	14315
to this state, and the apprehension of all prisoners who are being	14316
returned and who have escaped, to the adult parole authority and	14317
to the local law enforcement agency of this state or another state	14318
that has jurisdiction over the place at which the escape occurs;	14319

(e) A schedule of fines that the adult parole authority	14320
shall impose upon the private person or entity if the private	14321
person or entity fails to perform its contractual duties, and a	14322
requirement that, if the private person or entity fails to perform	14323
its contractual duties, the adult parole authority shall impose a	14324
fine on the private person or entity from the schedule of fines	14325
and, in addition, may exercise any other rights it has under the	14326
contract.	14327

(f) If the contract is entered into on or after the	14328
effective date of the rules adopted by the department of	14329
rehabilitation and correction under section 5120.64 of the Revised	14330
Code, specific provisions that comport with all applicable	14331
standards that are contained in those rules.	14332

(3) If the private person or entity that enters into the	14333
contract fails to perform its contractual duties, the adult parole	14334
authority shall impose upon the private person or entity a fine	14335
from the schedule, the money paid in satisfaction of the fine	14336
shall be paid into the state treasury, and the adult parole	14337
authority may exercise any other rights it has under the contract.	14338
If a fine is imposed under this division, the adult parole	14339
authority may reduce the payment owed to the private person or	14340
entity pursuant to any invoice in the amount of the fine.	14341

(4) Upon the effective date of the rules adopted by the	14342
department of rehabilitation and correction under section 5120.64	14343
of the Revised Code, notwithstanding the existence of a contract	14344
entered into under division (B)(2) of this section, in no case	14345
shall the private person or entity that is a party to the contract	14346
return Ohio prisoners from outside of this state into this state	14347
for the adult parole authority unless the private person or entity	14348
complies with all applicable standards that are contained in the	14349
rules.	14350

(5) Divisions (B)(1) to (4) of this section do not apply	14351
regarding any out-of-state prisoner who is brought into this state	14352
to be housed pursuant to section 9.07 of the Revised Code in a	14353
correctional facility in this state that is managed and operated	14354
by a private contractor.	14355

Sec. 5149.18.  For the purposes of Chapter 5149. of the	14356
Revised Code, all of the following apply:	14357

(A) "State, states, or States" means one or several of the	14358
fifty states of the United States, Puerto Rico, the Virgin	14359
Islands, and the District of Columbia.	14360

(B) The term "parole" includes post-release control under	14361
section 2967.28 of the Revised Code.	14362

(C) The term "probation" includes non-prison sanctions	14363
imposed under sections 2929.16, 2929.17, and 2929.18 of the	14364
Revised Code and community control sanctions imposed under	14365
sections 2929.26, 2929.27, and 2929.28 of the Revised Code.	14366

Pursuant to the consent and authorization contained in	14367
Section 111 (b) of title 4 of the United States Code as cited in	14368
section 5149.17 of the Revised Code, this state shall be a party	14369
to "Interstate Compact for the Supervision of Parolees and	14370
Probationers" with any additional jurisdiction legally joining	14371
therein when such jurisdiction has entered in said compact in	14372
accordance with its terms.	14373

Sec. 5149.31.  The department of rehabilitation and	14374
correction shall do all of the following:	14375

(A) Establish and administer a program of subsidies for	14376
eligible counties and groups of counties for felony offenders and	14377
a program of subsidies for eligible municipal corporations,	14378
counties, and groups of counties for misdemeanor offenders for the	14379
development, implementation, and operation of community	14380
corrections programs. Department expenditures for administration	14381
of both programs of subsidies shall not exceed ten per cent of the	14382
moneys appropriated for each of the purposes of this division.	14383

(B) Adopt and promulgate rules, under Chapter 119. of the	14384
Revised Code, providing standards for community corrections	14385
programs. The standards shall be designed to improve the quality	14386
and efficiency of the programs and to reduce the number of persons	14387
committed to state correctional institutions and to county,	14388
multicounty, municipal, municipal-county, or multicounty-municipal	14389
jails or workhouses for offenses for which community control	14390
sanctions are authorized under section 2929.13 or, 2929.15,or	14391
2929.25 of the Revised Code. In developing the standards, the	14392
department shall consult with, and seek the advice of, local	14393
corrections agencies, law enforcement agencies, and other public	14394
and private agencies concerned with corrections. The department	14395
shall conduct, and permit participation by local corrections	14396
planning boards established under section 5149.34 of the Revised	14397
Code and joint county corrections planning boards established	14398
under section 5149.35 of the Revised Code in, an annual review of	14399
the standards to measure their effectiveness in promoting the	14400
purposes specified in this division and shall amend or rescind any	14401
existing rule providing a standard or adopt and promulgate	14402
additional rules providing standards, under Chapter 119. of the	14403
Revised Code, if the review indicates that the standards fail to	14404
promote the purposes.	14405

(C) Accept and use any funds, goods, or services from the	14406
federal government or any other public or private source for the	14407
support of the subsidy programs established under division (A) of	14408
this section. The department may comply with any conditions and	14409
enter into any agreements that it considers necessary to obtain	14410
these funds, goods, or services.	14411

(D) Adopt rules, in accordance with Chapter 119. of the	14412
Revised Code, and do all other things necessary to implement	14413
sections 5149.30 to 5149.37 of the Revised Code;	14414

(E) Evaluate or provide for the evaluation of community	14415
corrections programs funded by the subsidy programs established	14416
under division (A) of this section and establish means of	14417
measuring their effectiveness;	14418

(F) Prepare an annual report evaluating the subsidy programs	14419
established under division (A) of this section. The report shall	14420
include, but need not be limited to, analyses of the structure of	14421
the programs and their administration by the department, the	14422
effectiveness of the programs in the development and	14423
implementation of community corrections programs, the specific	14424
standards adopted and promulgated under division (B) of this	14425
section and their effectiveness in promoting the purposes of the	14426
programs, and the findings of the evaluations conducted under	14427
division (E) of this section. The director of rehabilitation and	14428
correction shall review and certify the accuracy of the report and	14429
provide copies of it, upon request, to members of the general	14430
assembly.	14431

(G) Provide training or assistance, upon the request of a	14432
local corrections planning board or a joint county corrections	14433
planning board, to any local unit of government, subject to	14434
available resources of the department.	14435

Sec. 5321.01.  As used in this chapter:

14436

(A) "Tenant" means a person entitled under a rental agreement	14437
to the use and occupancy of residential premises to the exclusion	14438
of others.	14439

(B) "Landlord" means the owner, lessor, or sublessor of	14440
residential premises, the agent of the owner, lessor, or	14441
sublessor, or any person authorized by the owner, lessor, or	14442
sublessor to manage the premises or to receive rent from a tenant	14443
under a rental agreement.	14444

(C) "Residential premises" means a dwelling unit for	14445
residential use and occupancy and the structure of which it is a	14446
part, the facilities and appurtenances in it, and the grounds,	14447
areas, and facilities for the use of tenants generally or the use	14448
of which is promised the tenant. "Residential premises" includes a	14449
dwelling unit that is owned or operated by a college or	14450
university. "Residential premises" does not include any of the	14451
following:	14452

(1) Prisons, jails, workhouses, and other places of	14453
incarceration or correction, including, but not limited to,	14454
halfway houses or residential arrangements whichthat are used or	14455
occupied as a requirement of probationa community control	14456
sanction, a post-release control sanction, or parole;	14457

(2) Hospitals and similar institutions with the primary	14458
purpose of providing medical services, and homes licensed pursuant	14459
to Chapter 3721. of the Revised Code;	14460

(3) Tourist homes, hotels, motels, and other similar	14461
facilities where circumstances indicate a transient occupancy;	14462

(4) Elementary and secondary boarding schools, where the	14463
cost of room and board is included as part of the cost of tuition;	14464

(5) Orphanages and similar institutions;

14465

(6) Farm residences furnished in connection with the rental	14466
of land of a minimum of two acres for production of agricultural	14467
products by one or more of the occupants;	14468

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	14469
the Revised Code;	14470

(8) Occupancy by an owner of a condominium unit;

14471

(9) Occupancy in a facility licensed as an SRO facility	14472
pursuant to Chapter 3731. of the Revised Code, if the facility is	14473
owned or operated by an organization that is exempt from taxation	14474
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	14475
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	14476
group of entities in which such an organization has a controlling	14477
interest, and if either of the following applies:	14478

(a) The occupancy is for a period of less than sixty days;

14479

(b) The occupancy is for participation in a program operated	14480
by the facility, or by a public entity or private charitable	14481
organization pursuant to a contract with the facility, to provide	14482
either of the following:	14483

(i) Services licensed, certified, registered, or approved by	14484
a governmental agency or private accrediting organization for the	14485
rehabilitation of mentally ill persons, developmentally disabled	14486
persons, adults or juveniles convicted of criminal offenses, or	14487
persons suffering from substance abuse;	14488

(ii) Shelter for juvenile runaways, victims of domestic	14489
violence, or homeless persons.	14490

(10) Emergency shelters operated by organizations exempt	14491
from federal income taxation under section 501(c)(3) of the	14492
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501,	14493
as amended, for persons whose circumstances indicate a transient	14494
occupancy, including homeless people, victims of domestic	14495
violence, and juvenile runaways.	14496

(D) "Rental agreement" means any agreement or lease, written	14497
or oral, which establishes or modifies the terms, conditions,	14498
rules, or any other provisions concerning the use and occupancy of	14499
residential premises by one of the parties.	14500

(E) "Security deposit" means any deposit of money or property	14501
to secure performance by the tenant under a rental agreement.	14502

(F) "Dwelling unit" means a structure or the part of a	14503
structure that is used as a home, residence, or sleeping place by	14504
one person who maintains a household or by two or more persons who	14505
maintain a common household.	14506

(G) "Controlled substance" has the same meaning as in section	14507
3719.01 of the Revised Code.	14508

(H) "Student tenant" means a person who occupies a dwelling	14509
unit owned or operated by the college or university at which the	14510
person is a student, and who has a rental agreement that is	14511
contingent upon the person's status as a student.	14512

(I) "Community control sanction" has the same meaning as in	14513
section 2929.01 of the Revised Code.	14514

(J) "Post-release control sanction" has the same meaning as	14515
in section 2967.01 of the Revised Code.	14516

Sec. 5502.14.  (A) As used in this section, "felony" has the	14517
same meaning as in section 109.511 of the Revised Code.	14518

(B)(1) Any person who is employed by the department of	14519
public safety and designated by the director of public safety to	14520
enforce Title XLIII of the Revised Code, the rules adopted under	14521
it, and the laws and rules regulating the use of food stamps shall	14522
be known as an enforcement agent. The employment by the	14523
department of public safety and the designation by the director of	14524
public safety of a person as an enforcement agent shall be subject	14525
to division (D) of this section. An enforcement agent has the	14526
authority vested in peace officers pursuant to section 2935.03 of	14527
the Revised Code to keep the peace, to enforce all applicable laws	14528
and rules on any retail liquor permit premises, or on any other	14529
premises of public or private property, where a violation of Title	14530
XLIII of the Revised Code or any rule adopted under it is	14531
occurring, and to enforce all laws and rules governing the use of	14532
food stamp coupons, women, infants, and children's coupons,	14533
electronically transferred benefits, or any other access device	14534
that is used alone or in conjunction with another access device to	14535
obtain payments, allotments, benefits, money, goods, or other	14536
things of value, or that can be used to initiate a transfer of	14537
funds, pursuant to the food stamp program established under the	14538
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	14539
amended, or any supplemental food program administered by any	14540
department of this state pursuant to the "Child Nutrition Act of	14541
1966," 80 Stat. 885, 42 U.S.C.A. 1786. Enforcement agents, in	14542
enforcing compliance with the laws and rules described in this	14543
division, may keep the peace and make arrests for violations of	14544
those laws and rules.	14545

(2) In addition to the authority conferred by division	14546
(B)(1) of this section, an enforcement agent also may execute	14547
search warrants and seize and take into custody any contraband, as	14548
defined in section 2901.01 of the Revised Code, or any property	14549
that is otherwise necessary for evidentiary purposes related to	14550
any violations of the laws or rules described in division (B)(1)	14551
of this section. An enforcement agent may enter public or private	14552
premises where activity alleged to violate the laws or rules	14553
described in division (B)(1) of this section is occurring.	14554

(3) Enforcement agents who are on, immediately adjacent to,	14555
or across from retail liquor permit premises and who are	14556
performing investigative duties relating to that premises,	14557
enforcement agents who are on premises that are not liquor permit	14558
premises but on which a violation of Title XLIII of the Revised	14559
Code or any rule adopted under it allegedly is occurring, and	14560
enforcement agents who view a suspected violation of Title XLIII	14561
of the Revised Code, of a rule adopted under it, or of another law	14562
or rule described in division (B)(1) of this section have the	14563
authority to enforce the laws and rules described in division	14564
(B)(1) of this section, authority to enforce any section in Title	14565
XXIX of the Revised Code or any other section of the Revised Code	14566
listed in section 5502.13 of the Revised Code if they witness a	14567
violation of the section under any of the circumstances described	14568
in this division, and authority to make arrests for violations of	14569
the laws and rules described in division (B)(1) of this section	14570
and violations of any of those sections.	14571

(4) The jurisdiction of an enforcement agent under division	14572
(B) of this section shall be concurrent with that of the peace	14573
officers of the county, township, or municipal corporation in	14574
which the violation occurs.	14575

(C) Enforcement agents of the department of public safety	14576
who are engaged in the enforcement of the laws and rules described	14577
in division (B)(1) of this section may carry concealed weapons	14578
when conducting undercover investigations pursuant to their	14579
authority as law enforcement officers and while acting within the	14580
scope of their authority pursuant to this chapter.	14581

(D)(1) The department of public safety shall not employ, and	14582
the director of public safety shall not designate, a person as an	14583
enforcement agent on a permanent basis, on a temporary basis, for	14584
a probationary term, or on other than a permanent basis if the	14585
person previously has been convicted of or has pleaded guilty to a	14586
felony.	14587

(2)(a) The department of public safety shall terminate the	14588
employment of a person who is designated as an enforcement agent	14589
and who does either of the following:	14590

(i) Pleads guilty to a felony;

14591

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14592
plea agreement as provided in division (D) of section 2929.29	14593
2929.43 of the Revised Code in which the enforcement agent agrees	14594
to surrender the certificate awarded to that agent under section	14595
109.77 of the Revised Code.	14596

(b) The department shall suspend the employment of a person	14597
who is designated as an enforcement agent if the person is	14598
convicted, after trial, of a felony. If the enforcement agent	14599
files an appeal from that conviction and the conviction is upheld	14600
by the highest court to which the appeal is taken or if no timely	14601
appeal is filed, the department shall terminate the employment of	14602
that agent. If the enforcement agent files an appeal that results	14603
in that agent's acquittal of the felony or conviction of a	14604
misdemeanor, or in the dismissal of the felony charge against the	14605
agent, the department shall reinstate the agent. An enforcement	14606
agent who is reinstated under division (D)(2)(b) of this section	14607
shall not receive any back pay unless the conviction of that agent	14608
of the felony was reversed on appeal, or the felony charge was	14609
dismissed, because the court found insufficient evidence to	14610
convict the agent of the felony.	14611

(3) Division (D) of this section does not apply regarding an	14612
offense that was committed prior to January 1, 1997.	14613

(4) The suspension or termination of the employment of a	14614
person designated as an enforcement agent under division (D)(2) of	14615
this section shall be in accordance with Chapter 119. of the	14616
Revised Code.	14617

Sec. 5743.45.  (A) As used in this section, "felony" has the	14618
same meaning as in section 109.511 of the Revised Code.	14619

(B) For purposes of enforcing this chapter and Chapters	14620
5735., 5739., 5741., and 5747. of the Revised Code and subject to	14621
division (C) of this section, the tax commissioner, by journal	14622
entry, may delegate any investigation powers of the commissioner	14623
to an employee of the department of taxation who has been	14624
certified by the Ohio peace officer training commission and who is	14625
engaged in the enforcement of those chapters. A separate journal	14626
entry shall be entered for each employee to whom that power is	14627
delegated. Each journal entry shall be a matter of public record	14628
and shall be maintained in an administrative portion of the	14629
journal as provided for in division (L) of section 5703.05 of the	14630
Revised Code. When that journal entry is completed, the employee	14631
to whom it pertains, while engaged within the scope of the	14632
employee's duties in enforcing the provisions of this chapter or	14633
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, has the	14634
power of a police officer to carry concealed weapons, make	14635
arrests, and obtain warrants for violations of any provision in	14636
those chapters. The commissioner, at any time, may suspend or	14637
revoke that the commissioner's delegation by journal entry. No	14638
employee of the department shall divulge any information acquired	14639
as a result of an investigation pursuant to this chapter or	14640
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, except	14641
as may be required by the commissioner or a court.	14642

(C)(1) The tax commissioner shall not delegate any	14643
investigation powers to an employee of the department of taxation	14644
pursuant to division (B) of this section on a permanent basis, on	14645
a temporary basis, for a probationary term, or on other than a	14646
permanent basis if the employee previously has been convicted of	14647
or has pleaded guilty to a felony.	14648

(2)(a) The tax commissioner shall revoke the delegation of	14649
investigation powers to an employee to whom the delegation was	14650
made pursuant to division (B) of this section if that employee	14651
does either of the following:	14652

(i) Pleads guilty to a felony;

14653

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14654
plea agreement as provided in division (D) of section 2929.29	14655
2929.43 of the Revised Code in which the employee agrees to	14656
surrender the certificate awarded to that employee under section	14657
109.77 of the Revised Code.	14658

(b) The tax commissioner shall suspend the delegation of	14659
investigation powers to an employee to whom the delegation was	14660
made pursuant to division (B) of this section if that employee is	14661
convicted, after trial, of a felony. If the employee files an	14662
appeal from that conviction and the conviction is upheld by the	14663
highest court to which the appeal is taken or if the employee does	14664
not file a timely appeal, the commissioner shall revoke the	14665
delegation of investigation powers to that employee. If the	14666
employee files an appeal that results in that employee's acquittal	14667
of the felony or conviction of a misdemeanor, or in the dismissal	14668
of the felony charge against that employee, the commissioner shall	14669
reinstate the delegation of investigation powers to that employee.	14670
The suspension, revocation, and reinstatement of the delegation of	14671
investigation powers to an employee under division (C)(2) of this	14672
section shall be made by journal entry pursuant to division (B) of	14673
this section. An employee to whom the delegation of investigation	14674
powers is reinstated under division (C)(2)(b) of this section	14675
shall not receive any back pay for the exercise of those	14676
investigation powers unless that employee's conviction of the	14677
felony was reversed on appeal, or the felony charge was dismissed,	14678
because the court found insufficient evidence to convict the	14679
employee of the felony.	14680

(3) Division (C) of this section does not apply regarding an	14681
offense that was committed prior to January 1, 1997.	14682

(4) The suspension or revocation of the delegation of	14683
investigation powers to an employee under division (C)(2) of this	14684
section shall be in accordance with Chapter 119. of the Revised	14685
Code.	14686

Sec. 5907.021.  (A) As used in this section, "felony" has	14687
the same meaning as in section 109.511 of the Revised Code.	14688

(B)(1) The superintendent of the Ohio veterans' home shall	14689
not appoint a person as a chief of police or an employee as an	14690
Ohio veterans' home police officer on a permanent basis, on a	14691
temporary basis, for a probationary term, or on other than a	14692
permanent basis if the person or employee previously has been	14693
convicted of or has pleaded guilty to a felony.	14694

(2)(a) The superintendent of the Ohio veterans' home shall	14695
terminate the employment of a chief of police or the employment as	14696
an Ohio veterans' home police officer of an employee appointed as	14697
an Ohio veterans' home police officer if that chief of police or	14698
employee does either of the following:	14699

(i) Pleads guilty to a felony;

14700

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14701
plea agreement as provided in division (D) of section 2929.29	14702
2929.43 of the Revised Code in which the chief of police or	14703
employee agrees to surrender the certificate awarded to that chief	14704
of police or employee under section 109.77 of the Revised Code.	14705

(b) The superintendent shall suspend from employment a chief	14706
of police or from employment as an Ohio veterans' home police	14707
officer an employee appointed as an Ohio veterans' home police	14708
officer if that chief of police or employee is convicted, after	14709
trial, of a felony. If the chief of police or the employee files	14710
an appeal from that conviction and the conviction is upheld by the	14711
highest court to which the appeal is taken or if the chief of	14712
police or the employee does not file a timely appeal, the	14713
superintendent shall terminate the employment of that chief of	14714
police or that employee as an Ohio veterans' home police officer.	14715
If the chief of police or the employee files an appeal that	14716
results in that chief of police's or that employee's acquittal of	14717
the felony or conviction of a misdemeanor, or in the dismissal of	14718
the felony charge against that chief of police or that employee,	14719
the superintendent shall reinstate that chief of police or that	14720
employee as an Ohio veterans' home police officer. A chief of	14721
police or an employee who is reinstated as an Ohio veterans' home	14722
police officer under division (B)(2)(b) of this section shall not	14723
receive any back pay unless the conviction of that chief of police	14724
or that employee of the felony was reversed on appeal, or the	14725
felony charge was dismissed, because the court found insufficient	14726
evidence to convict the chief of police or the employee of the	14727
felony.	14728

(3) Division (B) of this section does not apply regarding an	14729
offense that was committed prior to January 1, 1997.	14730

(4) The suspension from employment, or the termination of	14731
the employment, of a chief of police or an Ohio veterans' home	14732
police officer under division (B)(2) of this section shall be in	14733
accordance with Chapter 119. of the Revised Code.	14734

Sec. 6101.75.  (A) As used in this section, "felony" has	14735
the same meaning as in section 109.511 of the Revised Code.	14736

(B) The board of directors of a conservancy district may	14737
police the works of the district and, in times of great emergency,	14738
may compel assistance in the protection of those works. The board	14739
may prevent persons, vehicles, or livestock from passing over the	14740
property or works of the district at any places or in any manner	14741
that would result in damage to the property or works or in the	14742
opinion of the board would endanger the property or works or the	14743
safety of persons lawfully on the property or works.	14744

The employees that the board designates for that purpose have	14745
all the powers of police officers within and adjacent to the	14746
properties owned or controlled by the district. Before entering	14747
upon the exercise of those powers, each employee shall take an	14748
oath and give a bond to the state, in the amount that the board	14749
prescribes, for the proper exercise of those powers. The cost of	14750
the bond shall be borne by the district. This division is subject	14751
to division (C) of this section.	14752

(C)(1) The board of directors shall not designate an	14753
employee as provided in division (B) of this section on a	14754
permanent basis, on a temporary basis, for a probationary term, or	14755
on other than a permanent basis if the employee previously has	14756
been convicted of or has pleaded guilty to a felony.	14757

(2)(a) The board of directors shall terminate the employment	14758
of an employee designated as provided in division (B) of this	14759
section if that employee does either of the following:	14760

(i) Pleads guilty to a felony;

14761

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14762
plea agreement as provided in division (D) of section 2929.29	14763
2929.43 of the Revised Code in which the employee agrees to	14764
surrender the certificate awarded to that employee under section	14765
109.77 of the Revised Code.	14766

(b) The board of directors shall suspend from employment an	14767
employee designated as provided in division (B) of this section if	14768
that employee is convicted, after trial, of a felony. If the	14769
employee files an appeal from that conviction and the conviction	14770
is upheld by the highest court to which the appeal is taken or if	14771
the employee does not file a timely appeal, the board shall	14772
terminate the employment of that employee. If the employee files	14773
an appeal that results in that employee's acquittal of the felony	14774
or conviction of a misdemeanor, or in the dismissal of the felony	14775
charge against that employee, the board shall reinstate that	14776
employee. An employee who is reinstated under division (C)(2)(b)	14777
of this section shall not receive any back pay unless that	14778
employee's conviction of the felony was reversed on appeal, or the	14779
felony charge was dismissed, because the court found insufficient	14780
evidence to convict the employee of the felony.	14781

(3) Division (C) of this section does not apply regarding an	14782
offense that was committed prior to January 1, 1997.	14783

(4) The suspension from employment, or the termination of	14784
the employment, of an employee under division (C)(2) of this	14785
section shall be in accordance with Chapter 119. of the Revised	14786
Code.	14787

Section 2.  That existing sections 1.05, 109.42, 109.511,	14788
109.77, 120.06, 120.16, 120.26, 149.43, 306.352, 311.04, 321.44,	14789
505.49, 509.01, 511.232, 737.052, 737.162, 737.41, 1501.013,	14790
1503.29, 1517.10, 1531.132, 1541.11, 1545.13, 1547.523, 1547.99,	14791
1702.80, 1713.50, 2152.02, 2152.19, 2152.20, 2301.03, 2301.27,	14792
2301.28, 2301.30, 2301.32, 2305.234, 2903.13, 2905.12, 2907.15,	14793
2907.27, 2919.22, 2923.14, 2925.11, 2929.01, 2929.17, 2929.18,	14794
2929.19, 2929.221, 2929.24, 2929.25, 2929.28, 2929.29, 2929.31,	14795
2935.33, 2937.07, 2945.17, 2947.06, 2947.21, 2949.111, 2950.01,	14796
2950.99, 2951.01, 2951.011, 2951.02, 2951.021, 2951.041, 2951.05,	14797
2951.06, 2951.07, 2951.08, 2951.10, 2953.31, 2953.32, 2953.33,	14798
2961.01, 2963.01, 2963.11, 2963.20, 2963.21, 2967.02, 2967.22,	14799
2967.26, 2969.11, 2969.12, 2969.13, 2969.14, 3313.65, 3321.38,	14800
3345.04, 3719.12, 3719.121, 3719.70, 3734.44, 3735.311, 3748.99,	14801
3793.13, 3937.43, 3959.13, 4507.021, 4507.022, 4507.16, 4507.99,	14802
4511.83, 4511.99, 4717.05, 4734.35, 4761.13, 4973.171, 5101.28,	14803
5101.45, 5119.14, 5120.10, 5120.102, 5120.103, 5120.56, 5122.01,	14804
5122.10, 5122.21, 5122.26, 5123.13, 5147.12, 5147.30, 5149.03,	14805
5149.18, 5149.31, 5321.01, 5502.14, 5743.45, 5907.021, and 6101.75	14806
and sections 737.30, 737.99, 2929.21, 2929.22, 2929.23, 2929.51,	14807
2933.16, and 2951.09 of the Revised Code are hereby repealed.	14808

Section 3.  The provisions of the Revised Code in existence	14809
prior to July 1, 2003, shall apply to a person upon whom a court	14810
imposed prior to that date a term of imprisonment for a	14811
misdemeanor offense and to a person upon whom a court, on or after	14812
that date and in accordance with the law in existence prior to	14813
that date, imposed a term of imprisonment for a misdemeanor	14814
offense that was committed prior to that date.	14815

The provisions of the Revised Code in existence on and after	14816
July 1, 2003, apply to a person who commits a misdemeanor offense	14817
on or after that date.	14818

Section 4.  Sections 1 and 2 of this act shall take effect	14819
July 1, 2003.	14820

Section 5.  Section 1.05 of the Revised Code is presented in	14821
this act as a composite of the section as amended by both Am. Sub.	14822
S.B. 166 and Am. Sub. S.B. 269 of the 121st General Assembly.	14823
Section 109.77 of the Revised Code is presented in this act as a	14824
composite of the section as amended by Sub. H.B. 148, Am. Sub.	14825
H.B. 163, and Am. S.B. 137 of the 123rd General Assembly. Section	14826
1702.80 of the Revised Code is presented in this act as a	14827
composite of the section as amended by both Am. Sub. H.B. 566 and	14828
Sub. H.B. 670 of the 121st General Assembly. Section 1713.50 of	14829
the Revised Code is presented in this act as a composite of the	14830
section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of	14831
the 121st General Assembly. Section 2152.19 of the Revised Code is	14832
presented in this act as a composite of the section as amended by	14833
both Sub. H.B. 247 and Sub. H.B. 393 of the 124th General	14834
Assembly. Section 2301.03 of the Revised Code is presented in this	14835
act as a composite of the section as amended by both Sub. H.B. 8	14836
and Sub. H.B. 393 of the 124th General Assembly. Section 2301.32	14837
of the Revised Code is presented in this act as a composite of the	14838
section as amended by both Am. Sub. H.B. 571 and Am. Sub. H.B. 406	14839
of the 120th General Assembly. Section 2929.17 of the Revised Code	14840
is presented in this act as a composite of the section as amended	14841
by Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub.	14842
S.B. 107 of the 123rd General Assembly. Section 2929.18 of the	14843
Revised Code is presented in this act as a composite of the	14844
section as amended by Am. H.B. 528, Am. Sub. S.B. 22, and Am. Sub.	14845
S.B. 107 of the 123rd General Assembly. Section 2929.221 of the	14846
Revised Code is presented in this act as a composite of the	14847
section as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 166	14848
of the 121st General Assembly. Section 2950.01 of the Revised Code	14849
is presented in this act as a composite of the section as amended	14850
by both Sub. H.B. 393 and Am. Sub. S.B. 175 of the 124th General	14851
Assembly. Section 3345.04 of the Revised Code is presented in	14852
this act as a composite of the section as amended by both Am. Sub.	14853
H.B. 566 and Am. Sub. H.B. 568 of the 121st General Assembly.	14854
Section 5119.14 of the Revised Code is presented in this act as a	14855
composite of the section as amended by both Am. Sub. H.B. 566 and	14856
Sub. H.B. 670 of the 121st General Assembly. Section 5123.13 of	14857
the Revised Code is presented in this act as a composite of the	14858
section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of	14859
the 121st General Assembly. Section 5743.45 of the Revised Code	14860
is presented in this act as a composite of the section as amended	14861
by both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General	14862
Assembly. The General Assembly, applying the principle stated in	14863
division (B) of section 1.52 of the Revised Code that amendments	14864
are to be harmonized if reasonably capable of simultaneous	14865
operation, finds that the composite is the resulting version of	14866
the section in effect prior to the effective date of the section	14867
as presented in this act.	14868