REPRESENTATIVES Latta, McGregor, Seitz, Fessler, Womer Benjamin, Willamowski

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, 2101.09, 2152.02, 2152.19, 2152.20,

6

2301.03, 2301.27, 2301.28, 2301.30, 2301.32,

7

2305.234, 2313.29, 2903.13, 2905.12, 2907.15,

8

2907.27, 2919.22, 2923.14, 2925.11, 2929.01,

9

2929.17, 2929.18, 2929.19, 2929.221, 2929.25,

10

2929.28, 2929.31, 2935.33, 2937.07, 2945.17,

11

2947.06, 2947.21, 2949.111, 2950.01, 2950.99,

12

2951.01, 2951.011, 2951.02, 2951.021, 2951.041,

13

2951.05, 2951.06, 2951.07, 2951.08, 2951.10,

14

2953.31, 2953.32, 2953.33, 2961.01, 2963.01,

15

2963.11, 2963.20, 2963.21, 2967.02, 2967.22,

16

2967.26, 2969.11, 2969.12, 2969.13, 2969.14,

17

3313.65, 3321.38, 3345.04, 3719.12, 3719.121,

18

3719.70, 3734.44, 3735.311, 3748.99, 3793.13,

19

3937.43, 3959.13, 4507.021, 4507.022, 4507.16,

20

4507.99, 4511.83, 4511.99, 4717.05, 4734.35,

21

4761.13, 4973.171, 5101.28, 5101.45, 5119.14,

22

5120.10, 5120.102, 5120.103, 5120.56, 5122.01,

23

5122.10, 5122.21, 5122.26, 5123.13, 5147.12,

24

5147.30, 5149.03, 5149.18, 5149.31, 5321.01,

25

5502.14, 5743.45, 5907.021, and 6101.75; to amend,

26

for the purpose of adopting new section numbers as

27

indicated in parentheses, sections 2929.221

28

(2929.36), 2929.24 (2929.42), 2929.25 (2929.32),

29

2929.28 (2929.71), and 2929.29 (2929.43); to enact

30

new sections 2929.21, 2929.22, 2929.23, 2929.24,

31

2929.25, and 2929.28 and sections 1905.033,

32

2929.26, and 2929.27; and to repeal sections

33

737.30, 737.99, 2929.21, 2929.22, 2929.23, 2929.51,

34

2933.16, and 2951.09 of the Revised Code to

35

implement the recommendations of the Criminal

36

Sentencing Commission pertaining to misdemeanor

37

sentencing generally and to make other changes in

38

the criminal 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, 2101.09, 2152.02, 2152.19, 2152.20, 2301.03, 2301.27,	44
2301.28, 2301.30, 2301.32, 2305.234, 2313.29, 2903.13, 2905.12,	45
2907.15, 2907.27, 2919.22, 2923.14, 2925.11, 2929.01, 2929.17,	46
2929.18, 2929.19, 2929.221, 2929.25, 2929.28, 2929.31, 2935.33,	47
2937.07, 2945.17, 2947.06, 2947.21, 2949.111, 2950.01, 2950.99,	48
2951.01, 2951.011, 2951.02, 2951.021, 2951.041, 2951.05, 2951.06,	49
2951.07, 2951.08, 2951.10, 2953.31, 2953.32, 2953.33, 2961.01,	50
2963.01, 2963.11, 2963.20, 2963.21, 2967.02, 2967.22, 2967.26,	51
2969.11, 2969.12, 2969.13, 2969.14, 3313.65, 3321.38, 3345.04,	52
3719.12, 3719.121, 3719.70, 3734.44, 3735.311, 3748.99, 3793.13,	53
3937.43, 3959.13, 4507.021, 4507.022, 4507.16, 4507.99, 4511.83,	54
4511.99, 4717.05, 4734.35, 4761.13, 4973.171, 5101.28, 5101.45,	55
5119.14, 5120.10, 5120.102, 5120.103, 5120.56, 5122.01, 5122.10,	56
5122.21, 5122.26, 5123.13, 5147.12, 5147.30, 5149.03, 5149.18,	57
5149.31, 5321.01, 5502.14, 5743.45, 5907.021, and 6101.75 be	58
amended; sections 2929.221 (2929.36), 2929.24 (2929.42), 2929.25	59
(2929.32), 2929.28 (2929.71), and 2929.29 (2929.43) be amended for	60
the purpose of adopting new section numbers as indicated in	61
parentheses; and new sections 2929.21, 2929.22, 2929.23, 2929.24,	62
2929.25, and 2929.28 and sections 1905.033, 2929.26, and 2929.27	63
of the Revised Code be 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. 2101.09.  When required by the probate judge, sheriffs,	2810
coroners, and constables shall attend histhe judge's court and	2811
serve and return process directed and delivered to them by such	2812
judge. No such officer shall neglect or refuse to serve and	2813
return such process. If such officer does neglect or refuse to	2814
serve and return such process, the judge shall issue a summons	2815
specifying the cause for amercement, directed to the officer,	2816
therein named, commanding himthe named officer to summon the	2817
officer guilty of such misconduct to appear within two days after	2818
the service of summons and show cause why hethe latter officer	2819
should not be amerced. In addition to a fine, as provided by	2820
section 2101.992929.18 of the Revised Code, to be paid into the	2821
county treasury, such officer and histhe officer's sureties shall	2822
be liable upon histhe officer's official bond for damages	2823
sustained by any person by reason of such officer's misconduct.	2824

Sec. 2152.02.  As used in this chapter:

2825

(A) "Act charged" means the act that is identified in a	2826
complaint, indictment, or information alleging that a child is a	2827
delinquent child.	2828

(B) "Admitted to a department of youth services facility"	2829
includes admission to a facility operated, or contracted for, by	2830
the department and admission to a comparable facility outside this	2831
state by another state or the United States.	2832

(C)(1) "Child" means a person who is under eighteen years of	2833
age, except as otherwise provided in divisions (C)(2) to (6) of	2834
this section.	2835

(2) Subject to division (C)(3) of this section, any person	2836
who violates a federal or state law or a municipal ordinance prior	2837
to attaining eighteen years of age shall be deemed a "child"	2838
irrespective of that person's age at the time the complaint with	2839
respect to that violation is filed or the hearing on the complaint	2840
is held.	2841

(3) Any person who, while under eighteen years of age,	2842
commits an act that would be a felony if committed by an adult and	2843
who is not taken into custody or apprehended for that act until	2844
after the person attains twenty-one years of age is not a child in	2845
relation to that act.	2846

(4) Any person whose case is transferred for criminal	2847
prosecution pursuant to section 2152.12 of the Revised Code shall	2848
be deemed after the transfer not to be a child in the transferred	2849
case.	2850

(5) Any person whose case is transferred for criminal	2851
prosecution pursuant to section 2152.12 of the Revised Code and	2852
who subsequently is convicted of or pleads guilty to a felony in	2853
that case, and any person who is adjudicated a delinquent child	2854
for the commission of an act, who has a serious youthful offender	2855
dispositional sentence imposed for the act pursuant to section	2856
2152.13 of the Revised Code, and whose adult portion of the	2857
dispositional sentence is invoked pursuant to section 2152.14 of	2858
the Revised Code, shall be deemed after the transfer or invocation	2859
not to be a child in any case in which a complaint is filed	2860
against the person.	2861

(6) The juvenile court has jurisdiction over a person who is	2862
adjudicated a delinquent child or juvenile traffic offender prior	2863
to attaining eighteen years of age until the person attains	2864
twenty-one years of age, and, for purposes of that jurisdiction	2865
related to that adjudication, a person who is so adjudicated a	2866
delinquent child or juvenile traffic offender shall be deemed a	2867
"child" until the person attains twenty-one years of age.	2868

(D) "Chronic truant" means any child of compulsory school	2869
age who is absent without legitimate excuse for absence from the	2870
public school the child is supposed to attend for seven or more	2871
consecutive school days, ten or more school days in one school	2872
month, or fifteen or more school days in a school year.	2873

(E) "Community corrections facility," "public safety beds,"	2874
"release authority," and "supervised release" have the same	2875
meanings as in section 5139.01 of the Revised Code.	2876

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

2877

(1) Any child, except a juvenile traffic offender, who	2878
violates any law of this state or the United States, or any	2879
ordinance of a political subdivision of the state, that would be	2880
an offense if committed by an adult;	2881

(2) Any child who violates any lawful order of the court	2882
made under this chapter or under Chapter 2151. of the Revised Code	2883
other than an order issued under section 2151.87 of the Revised	2884
Code;	2885

(3) Any child who violates division (A) of section 2923.211	2886
of the Revised Code;	2887

(4) Any child who is a habitual truant and who previously	2888
has been adjudicated an unruly child for being a habitual truant;	2889

(5) Any child who is a chronic truant.

2890

(G) "Discretionary serious youthful offender" means a person	2891
who is eligible for a discretionary SYO and who is not transferred	2892
to adult court under a mandatory or discretionary transfer.	2893

(H) "Discretionary SYO" means a case in which the juvenile	2894
court, in the juvenile court's discretion, may impose a serious	2895
youthful offender disposition under section 2152.13 of the Revised	2896
Code.	2897

(I) "Discretionary transfer" means that the juvenile court	2898
has discretion to transfer a case for criminal prosecution under	2899
division (B) of section 2152.12 of the Revised Code.	2900

(J) "Drug abuse offense," "felony drug abuse offense," and	2901
"minor drug possession offense" have the same meanings as in	2902
section 2925.01 of the Revised Code.	2903

(K) "Electronic monitoring" and "electronic monitoring	2904
device," "certified electronic monitoring device," "electronically	2905
monitored house arrest," "electronic monitoring system," and	2906
"certified electronic monitoring system" have the same meanings as	2907
in section 2929.232929.01 of the Revised Code.	2908

(L) "Economic loss" means any economic detriment suffered by	2909
a victim of a delinquent act as a result of the delinquent act and	2910
includes any loss of income due to lost time at work because of	2911
any injury caused to the victim and any property loss, medical	2912
cost, or funeral expense incurred as a result of the delinquent	2913
act.	2914

(M) "Firearm" has the same meaning as in section 2923.11 of	2915
the Revised Code.	2916

(N) "Juvenile traffic offender" means any child who violates	2917
any traffic law, traffic ordinance, or traffic regulation of this	2918
state, the United States, or any political subdivision of this	2919
state, other than a resolution, ordinance, or regulation of a	2920
political subdivision of this state the violation of which is	2921
required to be handled by a parking violations bureau or a joint	2922
parking violations bureau pursuant to Chapter 4521. of the Revised	2923
Code.	2924

(O) A "legitimate excuse for absence from the public school	2925
the child is supposed to attend" has the same meaning as in	2926
section 2151.011 of the Revised Code.	2927

(P) "Mandatory serious youthful offender" means a person who	2928
is eligible for a mandatory SYO and who is not transferred to	2929
adult court under a mandatory or discretionary transfer.	2930

(Q) "Mandatory SYO" means a case in which the juvenile court	2931
is required to impose a mandatory serious youthful offender	2932
disposition under section 2152.13 of the Revised Code.	2933

(R) "Mandatory transfer" means that a case is required to be	2934
transferred for criminal prosecution under division (A) of section	2935
2152.12 of the Revised Code.	2936

(S) "Mental illness" has the same meaning as in section	2937
5122.01 of the Revised Code.	2938

(T) "Mentally retarded person" has the same meaning as in	2939
section 5123.01 of the Revised Code.	2940

(U) "Monitored time" and "repeat violent offender" have the	2941
same meanings as in section 2929.01 of the Revised Code.	2942

(V) "Of compulsory school age" has the same meaning as in	2943
section 3321.01 of the Revised Code.	2944

(W) "Public record" has the same meaning as in section	2945
149.43 of the Revised Code.	2946

(X) "Serious youthful offender" means a person who is	2947
eligible for a mandatory SYO or discretionary SYO but who is not	2948
transferred to adult court under a mandatory or discretionary	2949
transfer.	2950

(Y) "Sexually oriented offense," "habitual sex offender,"	2951
"juvenile sex offender registrant," and "sexual predator" have the	2952
same meanings as in section 2950.01 of the Revised Code.	2953

(Z) "Traditional juvenile" means a case that is not	2954
transferred to adult court under a mandatory or discretionary	2955
transfer, that is eligible for a disposition under sections	2956
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	2957
that is not eligible for a disposition under section 2152.13 of	2958
the Revised Code.	2959

(AA) "Transfer" means the transfer for criminal prosecution	2960
of a case involving the alleged commission by a child of an act	2961
that would be an offense if committed by an adult from the	2962
juvenile court to the appropriate court that has jurisdiction of	2963
the offense.	2964

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

2965

(1) A violation of section 2903.01 or 2903.02 of the Revised	2966
Code;	2967

(2) A violation of section 2923.02 of the Revised Code	2968
involving an attempt to commit aggravated murder or murder.	2969

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

2970

(1) A violation of section 2903.03, 2905.01, 2907.02,	2971
2909.02, 2911.01, or 2911.11 of the Revised Code;	2972

(2) A violation of section 2903.04 of the Revised Code that	2973
is a felony of the first degree;	2974

(3) A violation of section 2907.12 of the Revised Code as it	2975
existed prior to September 3, 1996.	2976

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	2977
child, the court may make any of the following orders of	2978
disposition, in addition to any other disposition authorized or	2979
required by this chapter:	2980

(1) Any order that is authorized by section 2151.353 of the	2981
Revised Code for the care and protection of an abused, neglected,	2982
or dependent child;	2983

(2) Commit the child to the temporary custody of any school,	2984
camp, institution, or other facility operated for the care of	2985
delinquent children by the county, by a district organized under	2986
section 2152.41 or 2151.65 of the Revised Code, or by a private	2987
agency or organization, within or without the state, that is	2988
authorized and qualified to provide the care, treatment, or	2989
placement required;	2990

(3) Place the child on community control under any	2991
sanctions, services, and conditions that the court prescribes. As	2992
a condition of community control in every case and in addition to	2993
any other condition that it imposes upon the child, the court	2994
shall require the child to abide by the law during the period of	2995
community control. As referred to in this division, community	2996
control includes, but is not limited to, the following sanctions	2997
and conditions:	2998

(a) A period of basic probation supervision in which the	2999
child is required to maintain contact with a person appointed to	3000
supervise the child in accordance with sanctions imposed by the	3001
court;	3002

(b) A period of intensive probation supervision in which the	3003
child is required to maintain frequent contact with a person	3004
appointed by the court to supervise the child while the child is	3005
seeking or maintaining employment and participating in training,	3006
education, and treatment programs as the order of disposition;	3007

(c) A period of day reporting in which the child is required	3008
each day to report to and leave a center or another approved	3009
reporting location at specified times in order to participate in	3010
work, education or training, treatment, and other approved	3011
programs at the center or outside the center;	3012

(d) A period of community service of up to five hundred	3013
hours for an act that would be a felony or a misdemeanor of the	3014
first degree if committed by an adult, up to two hundred hours for	3015
an act that would be a misdemeanor of the second, third, or fourth	3016
degree if committed by an adult, or up to thirty hours for an act	3017
that would be a minor misdemeanor if committed by an adult;	3018

(e) A requirement that the child obtain a high school	3019
diploma, a certificate of high school equivalence, vocational	3020
training, or employment;	3021

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

3022

(g) A requirement of alcohol or drug assessment or	3023
counseling, or a period in an alcohol or drug treatment program	3024
with a level of security for the child as determined necessary by	3025
the court;	3026

(h) A period in which the court orders the child to observe	3027
a curfew that may involve daytime or evening hours;	3028

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

3029

(j) A period of house arrest with or without electronic	3030
monitoring;	3031

(k) A period of electronic monitoring without house arrest or	3032
electronically monitored house arrest with electronic monitoring	3033
that does not exceed the maximum sentence of imprisonment that	3034
could be imposed upon an adult who commits the same act.	3035

A period of electronically monitored house arrest with	3036
electronic monitoring imposed under this division shall not extend	3037
beyond the child's twenty-first birthday. If a court imposes a	3038
period of electronically monitored house arrest with electronic	3039
monitoring upon a child under this division, it shall require the	3040
child: to wear, otherwise have attached to the child's person, or	3041
otherwise be subject to monitoring by a certified electronic	3042
monitoring device or to participate in the operation of and	3043
monitoring by a certified electronic monitoring system; to remain	3044
in the child's home or other specified premises for the entire	3045
period of electronically monitored house arrest with electronic	3046
monitoring except when the court permits the child to leave those	3047
premises to go to school or to other specified premises; to be	3048
monitored by a central system that can determine the child's	3049
location at designated times; to report periodically to a person	3050
designated by the court; and to enter into a written contract with	3051
the court agreeing to comply with all requirements imposed by the	3052
court, agreeing to pay any fee imposed by the court for the costs	3053
of the electronically monitored house arrest with electronic	3054
monitoring, and agreeing to waive the right to receive credit for	3055
any time served on electronically monitored house arrest with	3056
electronic monitoring toward the period of any other dispositional	3057
order imposed upon the child if the child violates any of the	3058
requirements of the dispositional order of electronically	3059
monitored house arrest with electronic monitoring. The court also	3060
may impose other reasonable requirements upon the child.	3061

Unless ordered by the court, a child shall not receive credit	3062
for any time served on electronically monitored house arrest with	3063
electronic monitoring toward any other dispositional order imposed	3064
upon the child for the act for which was imposed the dispositional	3065
order of electronically monitored house arrest with electronic	3066
monitoring.	3067

(l) A suspension of the driver's license, probationary	3068
driver's license, or temporary instruction permit issued to the	3069
child or a suspension of the registration of all motor vehicles	3070
registered in the name of the child. A child whose license or	3071
permit is so suspended is ineligible for issuance of a license or	3072
permit during the period of suspension. At the end of the period	3073
of suspension, the child shall not be reissued a license or permit	3074
until the child has paid any applicable reinstatement fee and	3075
complied with all requirements governing license reinstatement.	3076

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

3077

(5) Require the child to not be absent without legitimate	3078
excuse from the public school the child is supposed to attend for	3079
five or more consecutive days, seven or more school days in one	3080
school month, or twelve or more school days in a school year;	3081

(6)(a) If a child is adjudicated a delinquent child for	3082
being a chronic truant or an habitual truant who previously has	3083
been adjudicated an unruly child for being a habitual truant, do	3084
either or both of the following:	3085

(i) Require the child to participate in a truancy prevention	3086
mediation program;	3087

(ii) Make any order of disposition as authorized by this	3088
section, except that the court shall not commit the child to a	3089
facility described in division (A)(2) of this section unless the	3090
court determines that the child violated a lawful court order made	3091
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	3092
Code or division (A)(5) of this section.	3093

(b) If a child is adjudicated a delinquent child for being a	3094
chronic truant or a habitual truant who previously has been	3095
adjudicated an unruly child for being a habitual truant and the	3096
court determines that the parent, guardian, or other person having	3097
care of the child has failed to cause the child's attendance at	3098
school in violation of section 3321.38 of the Revised Code, do	3099
either or both of the following:	3100

(i) Require the parent, guardian, or other person having	3101
care of the child to participate in a truancy prevention mediation	3102
program;	3103

(ii) Require the parent, guardian, or other person having	3104
care of the child to participate in any community service program,	3105
preferably a community service program that requires the	3106
involvement of the parent, guardian, or other person having care	3107
of the child in the school attended by the child.	3108

(7) Make any further disposition that the court finds	3109
proper, except that the child shall not be placed in any of the	3110
following:	3111

(a) A state correctional institution, a county, multicounty,	3112
or municipal jail or workhouse, or another place in which an adult	3113
convicted of a crime, under arrest, or charged with a crime is	3114
held;	3115

(b) A community corrections facility, if the child would be	3116
covered by the definition of public safety beds for purposes of	3117
sections 5139.41 to 5139.45 of the Revised Code if the court	3118
exercised its authority to commit the child to the legal custody	3119
of the department of youth services for institutionalization or	3120
institutionalization in a secure facility pursuant to this	3121
chapter.	3122

(B) If a child is adjudicated a delinquent child, in	3123
addition to any order of disposition made under division (A) of	3124
this section, the court, in the following situations, shall	3125
suspend the child's temporary instruction permit, restricted	3126
license, probationary driver's license, or nonresident operating	3127
privilege, or suspend the child's ability to obtain such a permit:	3128

(1) The child is adjudicated a delinquent child for	3129
violating section 2923.122 of the Revised Code, with the	3130
suspension and denial being in accordance with division (E)(1)(a),	3131
(c), (d), or (e) of section 2923.122 of the Revised Code.	3132

(2) The child is adjudicated a delinquent child for	3133
committing an act that if committed by an adult would be a drug	3134
abuse offense or for violating division (B) of section 2917.11 of	3135
the Revised Code, with the suspension continuing until the child	3136
attends and satisfactorily completes a drug abuse or alcohol abuse	3137
education, intervention, or treatment program specified by the	3138
court. During the time the child is attending the program, the	3139
court shall retain any temporary instruction permit, probationary	3140
driver's license, or driver's license issued to the child, and the	3141
court shall return the permit or license when the child	3142
satisfactorily completes the program.	3143

(C) The court may establish a victim-offender mediation	3144
program in which victims and their offenders meet to discuss the	3145
offense and suggest possible restitution. If the court obtains	3146
the assent of the victim of the delinquent act committed by the	3147
child, the court may require the child to participate in the	3148
program.	3149

(D)(1) If a child is adjudicated a delinquent child for	3150
committing an act that would be a felony if committed by an adult	3151
and if the child caused, attempted to cause, threatened to cause,	3152
or created a risk of physical harm to the victim of the act, the	3153
court, prior to issuing an order of disposition under this	3154
section, shall order the preparation of a victim impact statement	3155
by the probation department of the county in which the victim of	3156
the act resides, by the court's own probation department, or by a	3157
victim assistance program that is operated by the state, a county,	3158
a municipal corporation, or another governmental entity. The court	3159
shall consider the victim impact statement in determining the	3160
order of disposition to issue for the child.	3161

(2) Each victim impact statement shall identify the victim	3162
of the act for which the child was adjudicated a delinquent child,	3163
itemize any economic loss suffered by the victim as a result of	3164
the act, identify any physical injury suffered by the victim as a	3165
result of the act and the seriousness and permanence of the	3166
injury, identify any change in the victim's personal welfare or	3167
familial relationships as a result of the act and any	3168
psychological impact experienced by the victim or the victim's	3169
family as a result of the act, and contain any other information	3170
related to the impact of the act upon the victim that the court	3171
requires.	3172

(3) A victim impact statement shall be kept confidential and	3173
is not a public record. However, the court may furnish copies of	3174
the statement to the department of youth services if the	3175
delinquent child is committed to the department or to both the	3176
adjudicated delinquent child or the adjudicated delinquent child's	3177
counsel and the prosecuting attorney. The copy of a victim impact	3178
statement furnished by the court to the department pursuant to	3179
this section shall be kept confidential and is not a public	3180
record. If an officer is preparing pursuant to section 2947.06 or	3181
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	3182
investigation report pertaining to a person, the court shall make	3183
available to the officer, for use in preparing the report, a copy	3184
of any victim impact statement regarding that person. The copies	3185
of a victim impact statement that are made available to the	3186
adjudicated delinquent child or the adjudicated delinquent child's	3187
counsel and the prosecuting attorney pursuant to this division	3188
shall be returned to the court by the person to whom they were	3189
made available immediately following the imposition of an order of	3190
disposition for the child under this chapter.	3191

The copy of a victim impact statement that is made available	3192
pursuant to this division to an officer preparing a criminal	3193
presentence investigation report shall be returned to the court by	3194
the officer immediately following its use in preparing the report.	3195

(4) The department of youth services shall work with local	3196
probation departments and victim assistance programs to develop a	3197
standard victim impact statement.	3198

(E) If a child is adjudicated a delinquent child for being a	3199
chronic truant or an habitual truant who previously has been	3200
adjudicated an unruly child for being an habitual truant and the	3201
court determines that the parent, guardian, or other person having	3202
care of the child has failed to cause the child's attendance at	3203
school in violation of section 3321.38 of the Revised Code, in	3204
addition to any order of disposition it makes under this section,	3205
the court shall warn the parent, guardian, or other person having	3206
care of the child that any subsequent adjudication of the child as	3207
an unruly or delinquent child for being an habitual or chronic	3208
truant may result in a criminal charge against the parent,	3209
guardian, or other person having care of the child for a violation	3210
of division (C) of section 2919.21 or section 2919.24 of the	3211
Revised Code.	3212

(F)(1) During the period of a delinquent child's community	3213
control granted under this section, authorized probation officers	3214
who are engaged within the scope of their supervisory duties or	3215
responsibilities may search, with or without a warrant, the person	3216
of the delinquent child, the place of residence of the delinquent	3217
child, and a motor vehicle, another item of tangible or intangible	3218
personal property, or other real property in which the delinquent	3219
child has a right, title, or interest or for which the delinquent	3220
child has the express or implied permission of a person with a	3221
right, title, or interest to use, occupy, or possess if the	3222
probation officers have reasonable grounds to believe that the	3223
delinquent child is not abiding by the law or otherwise is not	3224
complying with the conditions of the delinquent child's community	3225
control. The court that places a delinquent child on community	3226
control under this section shall provide the delinquent child with	3227
a written notice that informs the delinquent child that authorized	3228
probation officers who are engaged within the scope of their	3229
supervisory duties or responsibilities may conduct those types of	3230
searches during the period of community control if they have	3231
reasonable grounds to believe that the delinquent child is not	3232
abiding by the law or otherwise is not complying with the	3233
conditions of the delinquent child's community control. The court	3234
also shall provide the written notice described in division (E)(2)	3235
of this section to each parent, guardian, or custodian of the	3236
delinquent child who is described in that division.	3237

(2) The court that places a child on community control under	3238
this section shall provide the child's parent, guardian, or other	3239
custodian with a written notice that informs them that authorized	3240
probation officers may conduct searches pursuant to division	3241
(E)(1) of this section. The notice shall specifically state that	3242
a permissible search might extend to a motor vehicle, another item	3243
of tangible or intangible personal property, or a place of	3244
residence or other real property in which a notified parent,	3245
guardian, or custodian has a right, title, or interest and that	3246
the parent, guardian, or custodian expressly or impliedly permits	3247
the child to use, occupy, or possess.	3248

(G) If a juvenile court commits a delinquent child to the	3249
custody of any person, organization, or entity pursuant to this	3250
section and if the delinquent act for which the child is so	3251
committed is a sexually oriented offense, the court in the order	3252
of disposition shall do one of the following:	3253

(1) Require that the child be provided treatment as	3254
described in division (A)(2) of section 5139.13 of the Revised	3255
Code;	3256

(2) Inform the person, organization, or entity that it is	3257
the preferred course of action in this state that the child be	3258
provided treatment as described in division (A)(2) of section	3259
5139.13 of the Revised Code and encourage the person,	3260
organization, or entity to provide that treatment.	3261

Sec. 2152.20.  (A) If a child is adjudicated a delinquent	3262
child or a juvenile traffic offender, the court may order any of	3263
the following dispositions, in addition to any other disposition	3264
authorized or required by this chapter:	3265

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

3266

(a) For an act that would be a minor misdemeanor or an	3267
unclassified misdemeanor if committed by an adult, a fine not to	3268
exceed fifty dollars;	3269

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

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

(d) For an act that would be a misdemeanor of the second	3276
degree if committed by an adult, a fine not to exceed two hundred	3277
dollars;	3278

(e) For an act that would be a misdemeanor of the first	3279
degree if committed by an adult, a fine not to exceed two hundred	3280
fifty dollars;	3281

(f) For an act that would be a felony of the fifth degree or	3282
an unclassified felony if committed by an adult, a fine not to	3283
exceed three hundred dollars;	3284

(g) For an act that would be a felony of the fourth degree	3285
if committed by an adult, a fine not to exceed four hundred	3286
dollars;	3287

(h) For an act that would be a felony of the third degree if	3288
committed by an adult, a fine not to exceed seven hundred fifty	3289
dollars;	3290

(i) For an act that would be a felony of the second degree	3291
if committed by an adult, a fine not to exceed one thousand	3292
dollars;	3293

(j) For an act that would be a felony of the first degree if	3294
committed by an adult, a fine not to exceed one thousand five	3295
hundred dollars;	3296

(k) For an act that would be aggravated murder or murder if	3297
committed by an adult, a fine not to exceed two thousand dollars.	3298

(2) Require the child to pay costs;

3299

(3) Require the child to make restitution to the victim of	3300
the child's delinquent act or, if the victim is deceased, to a	3301
survivor of the victim in an amount based upon the victim's	3302
economic loss caused by or related to the delinquent act.	3303
Restitution required under this division shall be made directly to	3304
the victim in open court or to the probation department that	3305
serves the jurisdiction or the clerk of courts on behalf of the	3306
victim. The restitution may include reimbursement to third	3307
parties, other than the delinquent child's insurer, for amounts	3308
paid to the victim or to any survivor of the victim for economic	3309
loss resulting from the delinquent act. If reimbursement to a	3310
third party is required, the reimbursement shall be made to any	3311
governmental agency to repay any amounts the agency paid to the	3312
victim or any survivor of the victim before any reimbursement is	3313
made to any other person.	3314

Restitution required under this division may be in the form	3315
of a cash reimbursement paid in a lump sum or in installments, the	3316
performance of repair work to restore any damaged property to its	3317
original condition, the performance of a reasonable amount of	3318
labor for the victim or survivor of the victim, the performance of	3319
community service work, any other form of restitution devised by	3320
the court, or any combination of the previously described forms of	3321
restitution.	3322

The court may base the restitution order under this division	3323
on an amount recommended by the victim or survivor of the victim,	3324
the delinquent child, a presentence investigation report,	3325
estimates or receipts indicating the cost of repairing or	3326
replacing property, and any other information. If the amount of	3327
the restitution is disputed by the victim or survivor or by the	3328
delinquent child, the court shall hold a hearing on the	3329
restitution. The court shall determine, or order the	3330
determination of, the amount of restitution to be paid by the	3331
delinquent child. All restitution payments shall be credited	3332
against any recovery of economic loss in a civil action brought by	3333
or on behalf of the victim against the delinquent child or the	3334
delinquent child's parent, guardian, or other custodian.	3335

The court may order that the delinquent child pay a	3336
surcharge, in an amount not exceeding five per cent of the amount	3337
of restitution otherwise ordered under this division, to the	3338
entity responsible for collecting and processing the restitution	3339
payments.	3340

The victim or the survivor of the victim may request that the	3341
prosecuting authority file a motion, or the delinquent child may	3342
file a motion, for modification of the payment terms of any	3343
restitution ordered under this division, based on a substantial	3344
change in the delinquent child's ability to pay.	3345

(4) Require the child to reimburse any or all of the costs	3346
incurred for services or sanctions provided or imposed, including,	3347
but not limited to, the following:	3348

(a) All or part of the costs of implementing any community	3349
control imposed as a disposition under section 2152.19 of the	3350
Revised Code, including a supervision fee;	3351

(b) All or part of the costs of confinement in a residential	3352
facility described in section 2152.19 of the Revised Code or in a	3353
department of youth services institution, including, but not	3354
limited to, a per diem fee for room and board, the costs of	3355
medical and dental treatment provided, and the costs of repairing	3356
property the delinquent child damaged while so confined. The	3357
amount of reimbursement ordered for a child under this division	3358
shall not exceed the total amount of reimbursement the child is	3359
able to pay as determined at a hearing and shall not exceed the	3360
actual cost of the confinement. The court may collect any	3361
reimbursement ordered under this division. If the court does not	3362
order reimbursement under this division, confinement costs may be	3363
assessed pursuant to a repayment policy adopted under division (E)	3364
of section 307.93, division (A) of section 341.06, division (D) of	3365
section 341.23, or division (C) of section 753.02, 753.04,	3366
2301.56, or 2947.19 of the Revised Code.	3367

(B)(1) If a child is adjudicated a delinquent child for	3368
violating section 2923.32 of the Revised Code, the court shall	3369
enter an order of criminal forfeiture against the child in	3370
accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F)	3371
of section 2923.32 of the Revised Code.	3372

(2) Sections 2925.41 to 2925.45 of the Revised Code apply to	3373
children who are adjudicated or could be adjudicated by a juvenile	3374
court to be delinquent children for an act that, if committed by	3375
an adult, would be a felony drug abuse offense. Subject to	3376
division (B) of section 2925.42 and division (E) of section	3377
2925.43 of the Revised Code, a delinquent child of that nature	3378
loses any right to the possession of, and forfeits to the state	3379
any right, title, and interest that the delinquent child may have	3380
in, property as defined in section 2925.41 of the Revised Code and	3381
further described in section 2925.42 or 2925.43 of the Revised	3382
Code.	3383

(3) Sections 2923.44 to 2923.47 of the Revised Code apply to	3384
children who are adjudicated or could be adjudicated by a juvenile	3385
court to be delinquent children for an act in violation of section	3386
2923.42 of the Revised Code. Subject to division (B) of section	3387
2923.44 and division (E) of section 2923.45 of the Revised Code, a	3388
delinquent child of that nature loses any right to the possession	3389
of, and forfeits to the state any right, title, and interest that	3390
the delinquent child may have in, property as defined in section	3391
2923.41 of the Revised Code and further described in section	3392
2923.44 or 2923.45 of the Revised Code.	3393

(C) The court may hold a hearing if necessary to determine	3394
whether a child is able to pay a sanction under this section.	3395

(D) If a child who is adjudicated a delinquent child is	3396
indigent, the court shall consider imposing a term of community	3397
service under division (A) of section 2152.19 of the Revised Code	3398
in lieu of imposing a financial sanction under this section. If a	3399
child who is adjudicated a delinquent child is not indigent, the	3400
court may impose a term of community service under that division	3401
in lieu of, or in addition to, imposing a financial sanction under	3402
this section. The court may order community service for an act	3403
that if committed by an adult would be a minor misdemeanor.	3404

If a child fails to pay a financial sanction imposed under	3405
this section, the court may impose a term of community service in	3406
lieu of the sanction.	3407

(E) The clerk of the court, or another person authorized by	3408
law or by the court to collect a financial sanction imposed under	3409
this section, may do any of the following:	3410

(1) Enter into contracts with one or more public agencies or	3411
private vendors for the collection of the amounts due under the	3412
financial sanction, which amounts may include interest from the	3413
date of imposition of the financial sanction;	3414

(2) Permit payment of all, or any portion of, the financial	3415
sanction in installments, by credit or debit card, by another type	3416
of electronic transfer, or by any other reasonable method, within	3417
any period of time, and on any terms that the court considers	3418
just, except that the maximum time permitted for payment shall not	3419
exceed five years. The clerk may pay any fee associated with	3420
processing an electronic transfer out of public money and may	3421
charge the fee to the delinquent child.	3422

(3) To defray administrative costs, charge a reasonable fee	3423
to a child who elects a payment plan rather than a lump sum	3424
payment of a financial sanction.	3425

Sec. 2301.03.  (A) In Franklin county, the judges of the	3426
court of common pleas whose terms begin on January 1, 1953,	3427
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	3428
1997, and successors, shall have the same qualifications, exercise	3429
the same powers and jurisdiction, and receive the same	3430
compensation as other judges of the court of common pleas of	3431
Franklin county and shall be elected and designated as judges of	3432
the court of common pleas, division of domestic relations. They	3433
shall have all the powers relating to juvenile courts, and all	3434
cases under Chapters 2151. and 2152. of the Revised Code, all	3435
parentage proceedings under Chapter 3111. of the Revised Code over	3436
which the juvenile court has jurisdiction, and all divorce,	3437
dissolution of marriage, legal separation, and annulment cases	3438
shall be assigned to them. In addition to the judge's regular	3439
duties, the judge who is senior in point of service shall serve on	3440
the children services board and the county advisory board and	3441
shall be the administrator of the domestic relations division and	3442
its subdivisions and departments.	3443

(B) In Hamilton county:

3444

(1) The judge of the court of common pleas, whose term	3445
begins on January 1, 1957, and successors, and the judge of the	3446
court of common pleas, whose term begins on February 14, 1967, and	3447
successors, shall be the juvenile judges as provided in Chapters	3448
2151. and 2152. of the Revised Code, with the powers and	3449
jurisdiction conferred by those chapters.	3450

(2) The judges of the court of common pleas whose terms	3451
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and	3452
successors, shall be elected and designated as judges of the court	3453
of common pleas, division of domestic relations, and shall have	3454
assigned to them all divorce, dissolution of marriage, legal	3455
separation, and annulment cases coming before the court. On or	3456
after the first day of July and before the first day of August of	3457
1991 and each year thereafter, a majority of the judges of the	3458
division of domestic relations shall elect one of the judges of	3459
the division as administrative judge of that division. If a	3460
majority of the judges of the division of domestic relations are	3461
unable for any reason to elect an administrative judge for the	3462
division before the first day of August, a majority of the judges	3463
of the Hamilton county court of common pleas, as soon as possible	3464
after that date, shall elect one of the judges of the division of	3465
domestic relations as administrative judge of that division. The	3466
term of the administrative judge shall begin on the earlier of the	3467
first day of August of the year in which the administrative judge	3468
is elected or the date on which the administrative judge is	3469
elected by a majority of the judges of the Hamilton county court	3470
of common pleas and shall terminate on the date on which the	3471
administrative judge's successor is elected in the following year.	3472

In addition to the judge's regular duties, the administrative	3473
judge of the division of domestic relations shall be the	3474
administrator of the domestic relations division and its	3475
subdivisions and departments and shall have charge of the	3476
employment, assignment, and supervision of the personnel of the	3477
division engaged in handling, servicing, or investigating divorce,	3478
dissolution of marriage, legal separation, and annulment cases,	3479
including any referees considered necessary by the judges in the	3480
discharge of their various duties.	3481

The administrative judge of the division of domestic	3482
relations also shall designate the title, compensation, expense	3483
allowances, hours, leaves of absence, and vacations of the	3484
personnel of the division, and shall fix the duties of its	3485
personnel. The duties of the personnel, in addition to those	3486
provided for in other sections of the Revised Code, shall include	3487
the handling, servicing, and investigation of divorce, dissolution	3488
of marriage, legal separation, and annulment cases and counseling	3489
and conciliation services that may be made available to persons	3490
requesting them, whether or not the persons are parties to an	3491
action pending in the division.	3492

The board of county commissioners shall appropriate the sum	3493
of money each year as will meet all the administrative expenses of	3494
the division of domestic relations, including reasonable expenses	3495
of the domestic relations judges and the division counselors and	3496
other employees designated to conduct the handling, servicing, and	3497
investigation of divorce, dissolution of marriage, legal	3498
separation, and annulment cases, conciliation and counseling, and	3499
all matters relating to those cases and counseling, and the	3500
expenses involved in the attendance of division personnel at	3501
domestic relations and welfare conferences designated by the	3502
division, and the further sum each year as will provide for the	3503
adequate operation of the division of domestic relations.	3504

The compensation and expenses of all employees and the salary	3505
and expenses of the judges shall be paid by the county treasurer	3506
from the money appropriated for the operation of the division,	3507
upon the warrant of the county auditor, certified to by the	3508
administrative judge of the division of domestic relations.	3509

The summonses, warrants, citations, subpoenas, and other	3510
writs of the division may issue to a bailiff, constable, or staff	3511
investigator of the division or to the sheriff of any county or	3512
any marshal, constable, or police officer, and the provisions of	3513
law relating to the subpoenaing of witnesses in other cases shall	3514
apply insofar as they are applicable. When a summons, warrant,	3515
citation, subpoena, or other writ is issued to an officer, other	3516
than a bailiff, constable, or staff investigator of the division,	3517
the expense of serving it shall be assessed as a part of the costs	3518
in the case involved.	3519

(3) The judge of the court of common pleas of Hamilton	3520
county whose term begins on January 3, 1997, and the successor to	3521
that judge whose term begins on January 3, 2003, shall each be	3522
elected and designated for one term only as the drug court judge	3523
of the court of common pleas of Hamilton county. The successors	3524
to the judge whose term begins on January 3, 2003, shall be	3525
elected and designated as judges of the general division of the	3526
court of common pleas of Hamilton county and shall not have the	3527
authority granted by division (B)(3) of this section. The drug	3528
court judge may accept or reject any case referred to the drug	3529
court judge under division (B)(3) of this section. After the drug	3530
court judge accepts a referred case, the drug court judge has full	3531
authority over the case, including the authority to conduct	3532
arraignment, accept pleas, enter findings and dispositions,	3533
conduct trials, order treatment, and if treatment is not	3534
successfully completed pronounce and enter sentence.	3535

A judge of the general division of the court of common pleas	3536
of Hamilton county and a judge of the Hamilton county municipal	3537
court may refer to the drug court judge any case, and any	3538
companion cases, the judge determines meet the criteria described	3539
under divisions (B)(3)(a) and (b) of this section. If the drug	3540
court judge accepts referral of a referred case, the case, and any	3541
companion cases, shall be transferred to the drug court judge. A	3542
judge may refer a case meeting the criteria described in divisions	3543
(B)(3)(a) and (b) of this section that involves a violation of a	3544
term of probationcondition of a community control sanction to the	3545
drug court judge, and, if the drug court judge accepts the	3546
referral, the referring judge and the drug court judge have	3547
concurrent jurisdiction over the case.	3548

A judge of the general division of the court of common pleas	3549
of Hamilton county and a judge of the Hamilton county municipal	3550
court may refer a case to the drug court judge under division	3551
(B)(3) of this section if the judge determines that both of the	3552
following apply:	3553

(a) One of the following applies:

3554

(i) The case involves a drug abuse offense, as defined in	3555
section 2925.01 of the Revised Code, that is a felony of the third	3556
or fourth degree if the offense is committed prior to July 1,	3557
1996, a felony of the third, fourth, or fifth degree if the	3558
offense is committed on or after July 1, 1996, or a misdemeanor.	3559

(ii) The case involves a theft offense, as defined in	3560
section 2913.01 of the Revised Code, that is a felony of the third	3561
or fourth degree if the offense is committed prior to July 1,	3562
1996, a felony of the third, fourth, or fifth degree if the	3563
offense is committed on or after July 1, 1996, or a misdemeanor,	3564
and the defendant is drug or alcohol dependent or in danger of	3565
becoming drug or alcohol dependent and would benefit from	3566
treatment.	3567

(b) All of the following apply:

3568

(i) The case involves a probationablean offense for which a	3569
community control sanction may be imposed or is a case in which a	3570
mandatory prison term or a mandatory jail term is not required to	3571
be imposed.	3572

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

3573

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

3574

(iv) The defendant's current or past behavior, or both, is	3575
drug or alcohol driven.	3576

(v) The defendant demonstrates a sincere willingness to	3577
participate in a fifteen-month treatment process.	3578

(vi) The defendant has no acute health condition.

3579

(vii) If the defendant is incarcerated, the county	3580
prosecutor approves of the referral.	3581

(4) If the administrative judge of the court of common pleas	3582
of Hamilton county determines that the volume of cases pending	3583
before the drug court judge does not constitute a sufficient	3584
caseload for the drug court judge, the administrative judge, in	3585
accordance with the Rules of Superintendence for Courts of Common	3586
Pleas, shall assign individual cases to the drug court judge from	3587
the general docket of the court. If the assignments so occur, the	3588
administrative judge shall cease the assignments when the	3589
administrative judge determines that the volume of cases pending	3590
before the drug court judge constitutes a sufficient caseload for	3591
the drug court judge.	3592

(5) As used in division (B) of this section, "community	3593
control sanction," "mandatory prison term," and "mandatory jail	3594
term" have the same meanings as in section 2929.01 of the Revised	3595
Code.	3596

(C) In Lorain county, the judges of the court of common	3597
pleas whose terms begin on January 3, 1959, January 4, 1989, and	3598
January 2, 1999, and successors, shall have the same	3599
qualifications, exercise the same powers and jurisdiction, and	3600
receive the same compensation as the other judges of the court of	3601
common pleas of Lorain county and shall be elected and designated	3602
as the judges of the court of common pleas, division of domestic	3603
relations. They shall have all of the powers relating to juvenile	3604
courts, and all cases under Chapters 2151. and 2152. of the	3605
Revised Code, all parentage proceedings over which the juvenile	3606
court has jurisdiction, and all divorce, dissolution of marriage,	3607
legal separation, and annulment cases shall be assigned to them,	3608
except cases that for some special reason are assigned to some	3609
other judge of the court of common pleas.	3610

(D) In Lucas county:

3611

(1) The judges of the court of common pleas whose terms	3612
begin on January 1, 1955, and January 3, 1965, and successors,	3613
shall have the same qualifications, exercise the same powers and	3614
jurisdiction, and receive the same compensation as other judges of	3615
the court of common pleas of Lucas county and shall be elected and	3616
designated as judges of the court of common pleas, division of	3617
domestic relations. All divorce, dissolution of marriage, legal	3618
separation, and annulment cases shall be assigned to them.	3619

The judge of the division of domestic relations, senior in	3620
point of service, shall be considered as the presiding judge of	3621
the court of common pleas, division of domestic relations, and	3622
shall be charged exclusively with the assignment and division of	3623
the work of the division and the employment and supervision of all	3624
other personnel of the domestic relations division.	3625

(2) The judges of the court of common pleas whose terms	3626
begin on January 5, 1977, and January 2, 1991, and successors	3627
shall have the same qualifications, exercise the same powers and	3628
jurisdiction, and receive the same compensation as other judges of	3629
the court of common pleas of Lucas county, shall be elected and	3630
designated as judges of the court of common pleas, juvenile	3631
division, and shall be the juvenile judges as provided in	3632
Chapters 2151. and 2152. of the Revised Code with the powers and	3633
jurisdictions conferred by those chapters. In addition to the	3634
judge's regular duties, the judge of the court of common pleas,	3635
juvenile division, senior in point of service, shall be the	3636
administrator of the juvenile division and its subdivisions and	3637
departments and shall have charge of the employment, assignment,	3638
and supervision of the personnel of the division engaged in	3639
handling, servicing, or investigating juvenile cases, including	3640
any referees considered necessary by the judges of the division in	3641
the discharge of their various duties.	3642

The judge of the court of common pleas, juvenile division,	3643
senior in point of service, also shall designate the title,	3644
compensation, expense allowance, hours, leaves of absence, and	3645
vacation of the personnel of the division and shall fix the duties	3646
of the personnel of the division. The duties of the personnel, in	3647
addition to other statutory duties include the handling,	3648
servicing, and investigation of juvenile cases and counseling and	3649
conciliation services that may be made available to persons	3650
requesting them, whether or not the persons are parties to an	3651
action pending in the division.	3652

(3) If one of the judges of the court of common pleas,	3653
division of domestic relations, or one of the judges of the	3654
juvenile division is sick, absent, or unable to perform that	3655
judge's judicial duties or the volume of cases pending in that	3656
judge's division necessitates it, the duties shall be performed by	3657
the judges of the other of those divisions.	3658

(E) In Mahoning county:

3659

(1) The judge of the court of common pleas whose term began	3660
on January 1, 1955, and successors, shall have the same	3661
qualifications, exercise the same powers and jurisdiction, and	3662
receive the same compensation as other judges of the court of	3663
common pleas of Mahoning county, shall be elected and designated	3664
as judge of the court of common pleas, division of domestic	3665
relations, and shall be assigned all the divorce, dissolution of	3666
marriage, legal separation, and annulment cases coming before the	3667
court. In addition to the judge's regular duties, the judge of	3668
the court of common pleas, division of domestic relations, shall	3669
be the administrator of the domestic relations division and its	3670
subdivisions and departments and shall have charge of the	3671
employment, assignment, and supervision of the personnel of the	3672
division engaged in handling, servicing, or investigating divorce,	3673
dissolution of marriage, legal separation, and annulment cases,	3674
including any referees considered necessary in the discharge of	3675
the various duties of the judge's office.	3676

The judge also shall designate the title, compensation,	3677
expense allowances, hours, leaves of absence, and vacations of the	3678
personnel of the division and shall fix the duties of the	3679
personnel of the division. The duties of the personnel, in	3680
addition to other statutory duties, include the handling,	3681
servicing, and investigation of divorce, dissolution of marriage,	3682
legal separation, and annulment cases and counseling and	3683
conciliation services that may be made available to persons	3684
requesting them, whether or not the persons are parties to an	3685
action pending in the division.	3686

(2) The judge of the court of common pleas whose term began	3687
on January 2, 1969, and successors, shall have the same	3688
qualifications, exercise the same powers and jurisdiction, and	3689
receive the same compensation as other judges of the court of	3690
common pleas of Mahoning county, shall be elected and designated	3691
as judge of the court of common pleas, juvenile division, and	3692
shall be the juvenile judge as provided in Chapters 2151. and	3693
2152. of the Revised Code, with the powers and jurisdictions	3694
conferred by those chapters. In addition to the judge's regular	3695
duties, the judge of the court of common pleas, juvenile division,	3696
shall be the administrator of the juvenile division and its	3697
subdivisions and departments and shall have charge of the	3698
employment, assignment, and supervision of the personnel of the	3699
division engaged in handling, servicing, or investigating juvenile	3700
cases, including any referees considered necessary by the judge in	3701
the discharge of the judge's various duties.	3702

The judge also shall designate the title, compensation,	3703
expense allowances, hours, leaves of absence, and vacation of the	3704
personnel of the division and shall fix the duties of the	3705
personnel of the division. The duties of the personnel, in	3706
addition to other statutory duties, include the handling,	3707
servicing, and investigation of juvenile cases and counseling and	3708
conciliation services that may be made available to persons	3709
requesting them, whether or not the persons are parties to an	3710
action pending in the division.	3711

(3) If a judge of the court of common pleas, division of	3712
domestic relations or juvenile division, is sick, absent, or	3713
unable to perform that judge's judicial duties, or the volume of	3714
cases pending in that judge's division necessitates it, that	3715
judge's duties shall be performed by another judge of the court of	3716
common pleas.	3717

(F) In Montgomery county:

3718

(1) The judges of the court of common pleas whose terms	3719
begin on January 2, 1953, and January 4, 1977, and successors,	3720
shall have the same qualifications, exercise the same powers and	3721
jurisdiction, and receive the same compensation as other judges of	3722
the court of common pleas of Montgomery county and shall be	3723
elected and designated as judges of the court of common pleas,	3724
division of domestic relations. These judges shall have assigned	3725
to them all divorce, dissolution of marriage, legal separation,	3726
and annulment cases.	3727

The judge of the division of domestic relations, senior in	3728
point of service, shall be charged exclusively with the assignment	3729
and division of the work of the division and shall have charge of	3730
the employment and supervision of the personnel of the division	3731
engaged in handling, servicing, or investigating divorce,	3732
dissolution of marriage, legal separation, and annulment cases,	3733
including any necessary referees, except those employees who may	3734
be appointed by the judge, junior in point of service, under this	3735
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	3736
Code. The judge of the division of domestic relations, senior in	3737
point of service, also shall designate the title, compensation,	3738
expense allowances, hours, leaves of absence, and vacation of the	3739
personnel of the division and shall fix their duties.	3740

(2) The judges of the court of common pleas whose terms	3741
begin on January 1, 1953, and January 1, 1993, and successors,	3742
shall have the same qualifications, exercise the same powers and	3743
jurisdiction, and receive the same compensation as other judges of	3744
the court of common pleas of Montgomery county, shall be elected	3745
and designated as judges of the court of common pleas, juvenile	3746
division, and shall be, and have the powers and jurisdiction of,	3747
the juvenile judge as provided in Chapters 2151. and 2152. of the	3748
Revised Code.	3749

In addition to the judge's regular duties, the judge of the	3750
court of common pleas, juvenile division, senior in point of	3751
service, shall be the administrator of the juvenile division and	3752
its subdivisions and departments and shall have charge of the	3753
employment, assignment, and supervision of the personnel of the	3754
juvenile division, including any necessary referees, who are	3755
engaged in handling, servicing, or investigating juvenile cases.	3756
The judge, senior in point of service, also shall designate the	3757
title, compensation, expense allowances, hours, leaves of absence,	3758
and vacation of the personnel of the division and shall fix their	3759
duties. The duties of the personnel, in addition to other	3760
statutory duties, shall include the handling, servicing, and	3761
investigation of juvenile cases and of any counseling and	3762
conciliation services that are available upon request to persons,	3763
whether or not they are parties to an action pending in the	3764
division.	3765

If one of the judges of the court of common pleas, division	3766
of domestic relations, or one of the judges of the court of common	3767
pleas, juvenile division, is sick, absent, or unable to perform	3768
that judge's duties or the volume of cases pending in that judge's	3769
division necessitates it, the duties of that judge may be	3770
performed by the judge or judges of the other of those divisions.	3771

(G) In Richland county, the judge of the court of common	3772
pleas whose term begins on January 1, 1957, and successors, shall	3773
have the same qualifications, exercise the same powers and	3774
jurisdiction, and receive the same compensation as the other	3775
judges of the court of common pleas of Richland county and shall	3776
be elected and designated as judge of the court of common pleas,	3777
division of domestic relations. That judge shall have all of the	3778
powers relating to juvenile courts, and all cases under Chapters	3779
2151. and 2152. of the Revised Code, all parentage proceedings	3780
over which the juvenile court has jurisdiction, and all divorce,	3781
dissolution of marriage, legal separation, and annulment cases	3782
shall be assigned to that judge, except in cases that for some	3783
special reason are assigned to some other judge of the court of	3784
common pleas.	3785

(H) In Stark county, the judges of the court of common pleas	3786
whose terms begin on January 1, 1953, January 2, 1959, and January	3787
1, 1993, and successors, shall have the same qualifications,	3788
exercise the same powers and jurisdiction, and receive the same	3789
compensation as other judges of the court of common pleas of Stark	3790
county and shall be elected and designated as judges of the court	3791
of common pleas, division of domestic relations. They shall have	3792
all the powers relating to juvenile courts, and all cases under	3793
Chapters 2151. and 2152. of the Revised Code, all parentage	3794
proceedings over which the juvenile court has jurisdiction, and	3795
all divorce, dissolution of marriage, legal separation, and	3796
annulment cases, except cases that are assigned to some other	3797
judge of the court of common pleas for some special reason, shall	3798
be assigned to the judges.	3799

The judge of the division of domestic relations, second most	3800
senior in point of service, shall have charge of the employment	3801
and supervision of the personnel of the division engaged in	3802
handling, servicing, or investigating divorce, dissolution of	3803
marriage, legal separation, and annulment cases, and necessary	3804
referees required for the judge's respective court.	3805

The judge of the division of domestic relations, senior in	3806
point of service, shall be charged exclusively with the	3807
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	3808
of the Revised Code and with the assignment and division of the	3809
work of the division and the employment and supervision of all	3810
other personnel of the division, including, but not limited to,	3811
that judge's necessary referees, but excepting those employees who	3812
may be appointed by the judge second most senior in point of	3813
service. The senior judge further shall serve in every other	3814
position in which the statutes permit or require a juvenile judge	3815
to serve.	3816

(I) In Summit county:

3817

(1) The judges of the court of common pleas whose terms	3818
begin on January 4, 1967, and January 6, 1993, and successors,	3819
shall have the same qualifications, exercise the same powers and	3820
jurisdiction, and receive the same compensation as other judges of	3821
the court of common pleas of Summit county and shall be elected	3822
and designated as judges of the court of common pleas, division of	3823
domestic relations. The judges of the division of domestic	3824
relations shall have assigned to them and hear all divorce,	3825
dissolution of marriage, legal separation, and annulment cases	3826
that come before the court. Except in cases that are subject to	3827
the exclusive original jurisdiction of the juvenile court, the	3828
judges of the division of domestic relations shall have assigned	3829
to them and hear all cases pertaining to paternity, custody,	3830
visitation, child support, or the allocation of parental rights	3831
and responsibilities for the care of children and all post-decree	3832
proceedings arising from any case pertaining to any of those	3833
matters. The judges of the division of domestic relations shall	3834
have assigned to them and hear all proceedings under the uniform	3835
interstate family support act contained in Chapter 3115. of the	3836
Revised Code.	3837

The judge of the division of domestic relations, senior in	3838
point of service, shall be the administrator of the domestic	3839
relations division and its subdivisions and departments and shall	3840
have charge of the employment, assignment, and supervision of the	3841
personnel of the division, including any necessary referees, who	3842
are engaged in handling, servicing, or investigating divorce,	3843
dissolution of marriage, legal separation, and annulment cases.	3844
That judge also shall designate the title, compensation, expense	3845
allowances, hours, leaves of absence, and vacations of the	3846
personnel of the division and shall fix their duties. The duties	3847
of the personnel, in addition to other statutory duties, shall	3848
include the handling, servicing, and investigation of divorce,	3849
dissolution of marriage, legal separation, and annulment cases and	3850
of any counseling and conciliation services that are available	3851
upon request to all persons, whether or not they are parties to an	3852
action pending in the division.	3853

(2) The judge of the court of common pleas whose term begins	3854
on January 1, 1955, and successors, shall have the same	3855
qualifications, exercise the same powers and jurisdiction, and	3856
receive the same compensation as other judges of the court of	3857
common pleas of Summit county, shall be elected and designated as	3858
judge of the court of common pleas, juvenile division, and shall	3859
be, and have the powers and jurisdiction of, the juvenile judge as	3860
provided in Chapters 2151. and 2152. of the Revised Code. Except	3861
in cases that are subject to the exclusive original jurisdiction	3862
of the juvenile court, the judge of the juvenile division shall	3863
not have jurisdiction or the power to hear, and shall not be	3864
assigned, any case pertaining to paternity, custody, visitation,	3865
child support, or the allocation of parental rights and	3866
responsibilities for the care of children or any post-decree	3867
proceeding arising from any case pertaining to any of those	3868
matters. The judge of the juvenile division shall not have	3869
jurisdiction or the power to hear, and shall not be assigned, any	3870
proceeding under the uniform interstate family support act	3871
contained in Chapter 3115. of the Revised Code.	3872

The juvenile judge shall be the administrator of the juvenile	3873
division and its subdivisions and departments and shall have	3874
charge of the employment, assignment, and supervision of the	3875
personnel of the juvenile division, including any necessary	3876
referees, who are engaged in handling, servicing, or investigating	3877
juvenile cases. The judge also shall designate the title,	3878
compensation, expense allowances, hours, leaves of absence, and	3879
vacation of the personnel of the division and shall fix their	3880
duties. The duties of the personnel, in addition to other	3881
statutory duties, shall include the handling, servicing, and	3882
investigation of juvenile cases and of any counseling and	3883
conciliation services that are available upon request to persons,	3884
whether or not they are parties to an action pending in the	3885
division.	3886

(J) In Trumbull county, the judges of the court of common	3887
pleas whose terms begin on January 1, 1953, and January 2, 1977,	3888
and successors, shall have the same qualifications, exercise the	3889
same powers and jurisdiction, and receive the same compensation as	3890
other judges of the court of common pleas of Trumbull county and	3891
shall be elected and designated as judges of the court of common	3892
pleas, division of domestic relations. They shall have all the	3893
powers relating to juvenile courts, and all cases under Chapters	3894
2151. and 2152. of the Revised Code, all parentage proceedings	3895
over which the juvenile court has jurisdiction, and all divorce,	3896
dissolution of marriage, legal separation, and annulment cases	3897
shall be assigned to them, except cases that for some special	3898
reason are assigned to some other judge of the court of common	3899
pleas.	3900

(K) In Butler county:

3901

(1) The judges of the court of common pleas whose terms	3902
begin on January 1, 1957, and January 4, 1993, and successors,	3903
shall have the same qualifications, exercise the same powers and	3904
jurisdiction, and receive the same compensation as other judges of	3905
the court of common pleas of Butler county and shall be elected	3906
and designated as judges of the court of common pleas, division of	3907
domestic relations. The judges of the division of domestic	3908
relations shall have assigned to them all divorce, dissolution of	3909
marriage, legal separation, and annulment cases coming before the	3910
court, except in cases that for some special reason are assigned	3911
to some other judge of the court of common pleas. The judge	3912
senior in point of service shall be charged with the assignment	3913
and division of the work of the division and with the employment	3914
and supervision of all other personnel of the domestic relations	3915
division.	3916

The judge senior in point of service also shall designate the	3917
title, compensation, expense allowances, hours, leaves of absence,	3918
and vacations of the personnel of the division and shall fix their	3919
duties. The duties of the personnel, in addition to other	3920
statutory duties, shall include the handling, servicing, and	3921
investigation of divorce, dissolution of marriage, legal	3922
separation, and annulment cases and providing any counseling and	3923
conciliation services that the division makes available to	3924
persons, whether or not the persons are parties to an action	3925
pending in the division, who request the services.	3926

(2) The judges of the court of common pleas whose terms	3927
begin on January 3, 1987, and January 2, 2003, and successors,	3928
shall have the same qualifications, exercise the same powers and	3929
jurisdiction, and receive the same compensation as other judges of	3930
the court of common pleas of Butler county, shall be elected and	3931
designated as judges of the court of common pleas, juvenile	3932
division, and shall be the juvenile judges as provided in	3933
Chapters 2151. and 2152. of the Revised Code, with the powers and	3934
jurisdictions conferred by those chapters. The judge of the court	3935
of common pleas, juvenile division, who is senior in point of	3936
service, shall be the administrator of the juvenile division and	3937
its subdivisions and departments. The judge, senior in point of	3938
service, shall have charge of the employment, assignment, and	3939
supervision of the personnel of the juvenile division who are	3940
engaged in handling, servicing, or investigating juvenile cases,	3941
including any referees whom the judge considers necessary for the	3942
discharge of the judge's various duties.	3943

The judge, senior in point of service, also shall designate	3944
the title, compensation, expense allowances, hours, leaves of	3945
absence, and vacation of the personnel of the division and shall	3946
fix their duties. The duties of the personnel, in addition to	3947
other statutory duties, include the handling, servicing, and	3948
investigation of juvenile cases and providing any counseling and	3949
conciliation services that the division makes available to	3950
persons, whether or not the persons are parties to an action	3951
pending in the division, who request the services.	3952

(3) If a judge of the court of common pleas, division of	3953
domestic relations or juvenile division, is sick, absent, or	3954
unable to perform that judge's judicial duties or the volume of	3955
cases pending in the judge's division necessitates it, the duties	3956
of that judge shall be performed by the other judges of the	3957
domestic relations and juvenile divisions.	3958

(L)(1) In Cuyahoga county, the judges of the court of common	3959
pleas whose terms begin on January 8, 1961, January 9, 1961,	3960
January 18, 1975, January 19, 1975, and January 13, 1987, and	3961
successors, shall have the same qualifications, exercise the same	3962
powers and jurisdiction, and receive the same compensation as	3963
other judges of the court of common pleas of Cuyahoga county and	3964
shall be elected and designated as judges of the court of common	3965
pleas, division of domestic relations. They shall have all the	3966
powers relating to all divorce, dissolution of marriage, legal	3967
separation, and annulment cases, except in cases that are assigned	3968
to some other judge of the court of common pleas for some special	3969
reason.	3970

(2) The administrative judge is administrator of the	3971
domestic relations division and its subdivisions and departments	3972
and has the following powers concerning division personnel:	3973

(a) Full charge of the employment, assignment, and	3974
supervision;	3975

(b) Sole determination of compensation, duties, expenses,	3976
allowances, hours, leaves, and vacations.	3977

(3) "Division personnel" include persons employed or referees	3978
engaged in hearing, servicing, investigating, counseling, or	3979
conciliating divorce, dissolution of marriage, legal separation	3980
and annulment matters.	3981

(M) In Lake county:

3982

(1) The judge of the court of common pleas whose term begins	3983
on January 2, 1961, and successors, shall have the same	3984
qualifications, exercise the same powers and jurisdiction, and	3985
receive the same compensation as the other judges of the court of	3986
common pleas of Lake county and shall be elected and designated as	3987
judge of the court of common pleas, division of domestic	3988
relations. The judge shall be assigned all the divorce,	3989
dissolution of marriage, legal separation, and annulment cases	3990
coming before the court, except in cases that for some special	3991
reason are assigned to some other judge of the court of common	3992
pleas. The judge shall be charged with the assignment and	3993
division of the work of the division and with the employment and	3994
supervision of all other personnel of the domestic relations	3995
division.	3996

The judge also shall designate the title, compensation,	3997
expense allowances, hours, leaves of absence, and vacations of the	3998
personnel of the division and shall fix their duties. The duties	3999
of the personnel, in addition to other statutory duties, shall	4000
include the handling, servicing, and investigation of divorce,	4001
dissolution of marriage, legal separation, and annulment cases and	4002
providing any counseling and conciliation services that the	4003
division makes available to persons, whether or not the persons	4004
are parties to an action pending in the division, who request the	4005
services.	4006

(2) The judge of the court of common pleas whose term begins	4007
on January 4, 1979, and successors, shall have the same	4008
qualifications, exercise the same powers and jurisdiction, and	4009
receive the same compensation as other judges of the court of	4010
common pleas of Lake county, shall be elected and designated as	4011
judge of the court of common pleas, juvenile division, and shall	4012
be the juvenile judge as provided in Chapters 2151. and 2152. of	4013
the Revised Code, with the powers and jurisdictions conferred by	4014
those chapters. The judge of the court of common pleas, juvenile	4015
division, shall be the administrator of the juvenile division and	4016
its subdivisions and departments. The judge shall have charge of	4017
the employment, assignment, and supervision of the personnel of	4018
the juvenile division who are engaged in handling, servicing, or	4019
investigating juvenile cases, including any referees whom the	4020
judge considers necessary for the discharge of the judge's various	4021
duties.	4022

The judge also shall designate the title, compensation,	4023
expense allowances, hours, leaves of absence, and vacation of the	4024
personnel of the division and shall fix their duties. The duties	4025
of the personnel, in addition to other statutory duties, include	4026
the handling, servicing, and investigation of juvenile cases and	4027
providing any counseling and conciliation services that the	4028
division makes available to persons, whether or not the persons	4029
are parties to an action pending in the division, who request the	4030
services.	4031

(3) If a judge of the court of common pleas, division of	4032
domestic relations or juvenile division, is sick, absent, or	4033
unable to perform that judge's judicial duties or the volume of	4034
cases pending in the judge's division necessitates it, the duties	4035
of that judge shall be performed by the other judges of the	4036
domestic relations and juvenile divisions.	4037

(N) In Erie county, the judge of the court of common pleas	4038
whose term begins on January 2, 1971, and successors, shall have	4039
the same qualifications, exercise the same powers and	4040
jurisdiction, and receive the same compensation as the other judge	4041
of the court of common pleas of Erie county and shall be elected	4042
and designated as judge of the court of common pleas, division of	4043
domestic relations. The judge shall have all the powers relating	4044
to juvenile courts, and shall be assigned all cases under Chapters	4045
2151. and 2152. of the Revised Code, parentage proceedings over	4046
which the juvenile court has jurisdiction, and divorce,	4047
dissolution of marriage, legal separation, and annulment cases,	4048
except cases that for some special reason are assigned to some	4049
other judge.	4050

(O) In Greene county:

4051

(1) The judge of the court of common pleas whose term begins	4052
on January 1, 1961, and successors, shall have the same	4053
qualifications, exercise the same powers and jurisdiction, and	4054
receive the same compensation as the other judges of the court of	4055
common pleas of Greene county and shall be elected and designated	4056
as the judge of the court of common pleas, division of domestic	4057
relations. The judge shall be assigned all divorce, dissolution	4058
of marriage, legal separation, annulment, uniform reciprocal	4059
support enforcement, and domestic violence cases and all other	4060
cases related to domestic relations, except cases that for some	4061
special reason are assigned to some other judge of the court of	4062
common pleas.	4063

The judge shall be charged with the assignment and division	4064
of the work of the division and with the employment and	4065
supervision of all other personnel of the division. The judge	4066
also shall designate the title, compensation, hours, leaves of	4067
absence, and vacations of the personnel of the division and shall	4068
fix their duties. The duties of the personnel of the division, in	4069
addition to other statutory duties, shall include the handling,	4070
servicing, and investigation of divorce, dissolution of marriage,	4071
legal separation, and annulment cases and the provision of	4072
counseling and conciliation services that the division considers	4073
necessary and makes available to persons who request the services,	4074
whether or not the persons are parties in an action pending in the	4075
division. The compensation for the personnel shall be paid from	4076
the overall court budget and shall be included in the	4077
appropriations for the existing judges of the general division of	4078
the court of common pleas.	4079

(2) The judge of the court of common pleas whose term begins	4080
on January 1, 1995, and successors, shall have the same	4081
qualifications, exercise the same powers and jurisdiction, and	4082
receive the same compensation as the other judges of the court of	4083
common pleas of Greene county, shall be elected and designated as	4084
judge of the court of common pleas, juvenile division, and, on or	4085
after January 1, 1995, shall be the juvenile judge as provided in	4086
Chapters 2151. and 2152. of the Revised Code with the powers and	4087
jurisdiction conferred by those chapters. The judge of the court	4088
of common pleas, juvenile division, shall be the administrator of	4089
the juvenile division and its subdivisions and departments. The	4090
judge shall have charge of the employment, assignment, and	4091
supervision of the personnel of the juvenile division who are	4092
engaged in handling, servicing, or investigating juvenile cases,	4093
including any referees whom the judge considers necessary for the	4094
discharge of the judge's various duties.	4095

The judge also shall designate the title, compensation,	4096
expense allowances, hours, leaves of absence, and vacation of the	4097
personnel of the division and shall fix their duties. The duties	4098
of the personnel, in addition to other statutory duties, include	4099
the handling, servicing, and investigation of juvenile cases and	4100
providing any counseling and conciliation services that the court	4101
makes available to persons, whether or not the persons are parties	4102
to an action pending in the court, who request the services.	4103

(3) If one of the judges of the court of common pleas,	4104
general division, is sick, absent, or unable to perform that	4105
judge's judicial duties or the volume of cases pending in the	4106
general division necessitates it, the duties of that judge of the	4107
general division shall be performed by the judge of the division	4108
of domestic relations and the judge of the juvenile division.	4109

(P) In Portage county, the judge of the court of common	4110
pleas, whose term begins January 2, 1987, and successors, shall	4111
have the same qualifications, exercise the same powers and	4112
jurisdiction, and receive the same compensation as the other	4113
judges of the court of common pleas of Portage county and shall be	4114
elected and designated as judge of the court of common pleas,	4115
division of domestic relations. The judge shall be assigned all	4116
divorce, dissolution of marriage, legal separation, and annulment	4117
cases coming before the court, except in cases that for some	4118
special reason are assigned to some other judge of the court of	4119
common pleas. The judge shall be charged with the assignment and	4120
division of the work of the division and with the employment and	4121
supervision of all other personnel of the domestic relations	4122
division.	4123

The judge also shall designate the title, compensation,	4124
expense allowances, hours, leaves of absence, and vacations of the	4125
personnel of the division and shall fix their duties. The duties	4126
of the personnel, in addition to other statutory duties, shall	4127
include the handling, servicing, and investigation of divorce,	4128
dissolution of marriage, legal separation, and annulment cases and	4129
providing any counseling and conciliation services that the	4130
division makes available to persons, whether or not the persons	4131
are parties to an action pending in the division, who request the	4132
services.	4133

(Q) In Clermont county, the judge of the court of common	4134
pleas, whose term begins January 2, 1987, and successors, shall	4135
have the same qualifications, exercise the same powers and	4136
jurisdiction, and receive the same compensation as the other	4137
judges of the court of common pleas of Clermont county and shall	4138
be elected and designated as judge of the court of common pleas,	4139
division of domestic relations. The judge shall be assigned all	4140
divorce, dissolution of marriage, legal separation, and annulment	4141
cases coming before the court, except in cases that for some	4142
special reason are assigned to some other judge of the court of	4143
common pleas. The judge shall be charged with the assignment and	4144
division of the work of the division and with the employment and	4145
supervision of all other personnel of the domestic relations	4146
division.	4147

The judge also shall designate the title, compensation,	4148
expense allowances, hours, leaves of absence, and vacations of the	4149
personnel of the division and shall fix their duties. The duties	4150
of the personnel, in addition to other statutory duties, shall	4151
include the handling, servicing, and investigation of divorce,	4152
dissolution of marriage, legal separation, and annulment cases and	4153
providing any counseling and conciliation services that the	4154
division makes available to persons, whether or not the persons	4155
are parties to an action pending in the division, who request the	4156
services.	4157

(R) In Warren county, the judge of the court of common	4158
pleas, whose term begins January 1, 1987, and successors, shall	4159
have the same qualifications, exercise the same powers and	4160
jurisdiction, and receive the same compensation as the other	4161
judges of the court of common pleas of Warren county and shall be	4162
elected and designated as judge of the court of common pleas,	4163
division of domestic relations. The judge shall be assigned all	4164
divorce, dissolution of marriage, legal separation, and annulment	4165
cases coming before the court, except in cases that for some	4166
special reason are assigned to some other judge of the court of	4167
common pleas. The judge shall be charged with the assignment and	4168
division of the work of the division and with the employment and	4169
supervision of all other personnel of the domestic relations	4170
division.	4171

The judge also shall designate the title, compensation,	4172
expense allowances, hours, leaves of absence, and vacations of the	4173
personnel of the division and shall fix their duties. The duties	4174
of the personnel, in addition to other statutory duties, shall	4175
include the handling, servicing, and investigation of divorce,	4176
dissolution of marriage, legal separation, and annulment cases and	4177
providing any counseling and conciliation services that the	4178
division makes available to persons, whether or not the persons	4179
are parties to an action pending in the division, who request the	4180
services.	4181

(S) In Licking county, the judge of the court of common	4182
pleas, whose term begins January 1, 1991, and successors, shall	4183
have the same qualifications, exercise the same powers and	4184
jurisdiction, and receive the same compensation as the other	4185
judges of the court of common pleas of Licking county and shall be	4186
elected and designated as judge of the court of common pleas,	4187
division of domestic relations. The judge shall be assigned all	4188
divorce, dissolution of marriage, legal separation, and annulment	4189
cases, all cases arising under Chapter 3111. of the Revised Code,	4190
all proceedings involving child support, the allocation of	4191
parental rights and responsibilities for the care of children and	4192
the designation for the children of a place of residence and legal	4193
custodian, parenting time, and visitation, and all post-decree	4194
proceedings and matters arising from those cases and proceedings,	4195
except in cases that for some special reason are assigned to	4196
another judge of the court of common pleas. The judge shall be	4197
charged with the assignment and division of the work of the	4198
division and with the employment and supervision of the personnel	4199
of the division.	4200

The judge shall designate the title, compensation, expense	4201
allowances, hours, leaves of absence, and vacations of the	4202
personnel of the division and shall fix the duties of the	4203
personnel of the division. The duties of the personnel of the	4204
division, in addition to other statutory duties, shall include the	4205
handling, servicing, and investigation of divorce, dissolution of	4206
marriage, legal separation, and annulment cases, cases arising	4207
under Chapter 3111. of the Revised Code, and proceedings involving	4208
child support, the allocation of parental rights and	4209
responsibilities for the care of children and the designation for	4210
the children of a place of residence and legal custodian,	4211
parenting time, and visitation and providing any counseling and	4212
conciliation services that the division makes available to	4213
persons, whether or not the persons are parties to an action	4214
pending in the division, who request the services.	4215

(T) In Allen county, the judge of the court of common pleas,	4216
whose term begins January 1, 1993, and successors, shall have the	4217
same qualifications, exercise the same powers and jurisdiction,	4218
and receive the same compensation as the other judges of the court	4219
of common pleas of Allen county and shall be elected and	4220
designated as judge of the court of common pleas, division of	4221
domestic relations. The judge shall be assigned all divorce,	4222
dissolution of marriage, legal separation, and annulment cases,	4223
all cases arising under Chapter 3111. of the Revised Code, all	4224
proceedings involving child support, the allocation of parental	4225
rights and responsibilities for the care of children and the	4226
designation for the children of a place of residence and legal	4227
custodian, parenting time, and visitation, and all post-decree	4228
proceedings and matters arising from those cases and proceedings,	4229
except in cases that for some special reason are assigned to	4230
another judge of the court of common pleas. The judge shall be	4231
charged with the assignment and division of the work of the	4232
division and with the employment and supervision of the personnel	4233
of the division.	4234

The judge shall designate the title, compensation, expense	4235
allowances, hours, leaves of absence, and vacations of the	4236
personnel of the division and shall fix the duties of the	4237
personnel of the division. The duties of the personnel of the	4238
division, in addition to other statutory duties, shall include the	4239
handling, servicing, and investigation of divorce, dissolution of	4240
marriage, legal separation, and annulment cases, cases arising	4241
under Chapter 3111. of the Revised Code, and proceedings involving	4242
child support, the allocation of parental rights and	4243
responsibilities for the care of children and the designation for	4244
the children of a place of residence and legal custodian,	4245
parenting time, and visitation, and providing any counseling and	4246
conciliation services that the division makes available to	4247
persons, whether or not the persons are parties to an action	4248
pending in the division, who request the services.	4249

(U) In Medina county, the judge of the court of common pleas	4250
whose term begins January 1, 1995, and successors, shall have the	4251
same qualifications, exercise the same powers and jurisdiction,	4252
and receive the same compensation as other judges of the court of	4253
common pleas of Medina county and shall be elected and designated	4254
as judge of the court of common pleas, division of domestic	4255
relations. The judge shall be assigned all divorce, dissolution	4256
of marriage, legal separation, and annulment cases, all cases	4257
arising under Chapter 3111. of the Revised Code, all proceedings	4258
involving child support, the allocation of parental rights and	4259
responsibilities for the care of children and the designation for	4260
the children of a place of residence and legal custodian,	4261
parenting time, and visitation, and all post-decree proceedings	4262
and matters arising from those cases and proceedings, except in	4263
cases that for some special reason are assigned to another judge	4264
of the court of common pleas. The judge shall be charged with the	4265
assignment and division of the work of the division and with the	4266
employment and supervision of the personnel of the division.	4267

The judge shall designate the title, compensation, expense	4268
allowances, hours, leaves of absence, and vacations of the	4269
personnel of the division and shall fix the duties of the	4270
personnel of the division. The duties of the personnel, in	4271
addition to other statutory duties, include the handling,	4272
servicing, and investigation of divorce, dissolution of marriage,	4273
legal separation, and annulment cases, cases arising under Chapter	4274
3111. of the Revised Code, and proceedings involving child	4275
support, the allocation of parental rights and responsibilities	4276
for the care of children and the designation for the children of a	4277
place of residence and legal custodian, parenting time, and	4278
visitation, and providing counseling and conciliation services	4279
that the division makes available to persons, whether or not the	4280
persons are parties to an action pending in the division, who	4281
request the services.	4282

(V) In Fairfield county, the judge of the court of common	4283
pleas whose term begins January 2, 1995, and successors, shall	4284
have the same qualifications, exercise the same powers and	4285
jurisdiction, and receive the same compensation as the other	4286
judges of the court of common pleas of Fairfield county and shall	4287
be elected and designated as judge of the court of common pleas,	4288
division of domestic relations. The judge shall be assigned all	4289
divorce, dissolution of marriage, legal separation, and annulment	4290
cases, all cases arising under Chapter 3111. of the Revised Code,	4291
all proceedings involving child support, the allocation of	4292
parental rights and responsibilities for the care of children and	4293
the designation for the children of a place of residence and legal	4294
custodian, parenting time, and visitation, and all post-decree	4295
proceedings and matters arising from those cases and proceedings,	4296
except in cases that for some special reason are assigned to	4297
another judge of the court of common pleas. The judge also has	4298
concurrent jurisdiction with the probate-juvenile division of the	4299
court of common pleas of Fairfield county with respect to and may	4300
hear cases to determine the custody of a child, as defined in	4301
section 2151.011 of the Revised Code, who is not the ward of	4302
another court of this state, cases that are commenced by a parent,	4303
guardian, or custodian of a child, as defined in section 2151.011	4304
of the Revised Code, to obtain an order requiring a parent of the	4305
child to pay child support for that child when the request for	4306
that order is not ancillary to an action for divorce, dissolution	4307
of marriage, annulment, or legal separation, a criminal or civil	4308
action involving an allegation of domestic violence, an action for	4309
support under Chapter 3115. of the Revised Code, or an action that	4310
is within the exclusive original jurisdiction of the	4311
probate-juvenile division of the court of common pleas of	4312
Fairfield county and that involves an allegation that the child is	4313
an abused, neglected, or dependent child, and post-decree	4314
proceedings and matters arising from those types of cases.	4315

The judge of the domestic relations division shall be charged	4316
with the assignment and division of the work of the division and	4317
with the employment and supervision of the personnel of the	4318
division.	4319

The judge shall designate the title, compensation, expense	4320
allowances, hours, leaves of absence, and vacations of the	4321
personnel of the division and shall fix the duties of the	4322
personnel of the division. The duties of the personnel of the	4323
division, in addition to other statutory duties, shall include the	4324
handling, servicing, and investigation of divorce, dissolution of	4325
marriage, legal separation, and annulment cases, cases arising	4326
under Chapter 3111. of the Revised Code, and proceedings involving	4327
child support, the allocation of parental rights and	4328
responsibilities for the care of children and the designation for	4329
the children of a place of residence and legal custodian,	4330
parenting time, and visitation, and providing any counseling and	4331
conciliation services that the division makes available to	4332
persons, regardless of whether the persons are parties to an	4333
action pending in the division, who request the services. When	4334
the judge hears a case to determine the custody of a child, as	4335
defined in section 2151.011 of the Revised Code, who is not the	4336
ward of another court of this state or a case that is commenced by	4337
a parent, guardian, or custodian of a child, as defined in section	4338
2151.011 of the Revised Code, to obtain an order requiring a	4339
parent of the child to pay child support for that child when the	4340
request for that order is not ancillary to an action for divorce,	4341
dissolution of marriage, annulment, or legal separation, a	4342
criminal or civil action involving an allegation of domestic	4343
violence, an action for support under Chapter 3115. of the Revised	4344
Code, or an action that is within the exclusive original	4345
jurisdiction of the probate-juvenile division of the court of	4346
common pleas of Fairfield county and that involves an allegation	4347
that the child is an abused, neglected, or dependent child, the	4348
duties of the personnel of the domestic relations division also	4349
include the handling, servicing, and investigation of those types	4350
of cases.	4351

(W)(1) In Clark county, the judge of the court of common	4352
pleas whose term begins on January 2, 1995, and successors, shall	4353
have the same qualifications, exercise the same powers and	4354
jurisdiction, and receive the same compensation as other judges of	4355
the court of common pleas of Clark county and shall be elected and	4356
designated as judge of the court of common pleas, domestic	4357
relations division. The judge shall have all the powers relating	4358
to juvenile courts, and all cases under Chapters 2151. and 2152.	4359
of the Revised Code and all parentage proceedings under Chapter	4360
3111. of the Revised Code over which the juvenile court has	4361
jurisdiction shall be assigned to the judge of the division of	4362
domestic relations. All divorce, dissolution of marriage, legal	4363
separation, annulment, uniform reciprocal support enforcement, and	4364
other cases related to domestic relations shall be assigned to the	4365
domestic relations division, and the presiding judge of the court	4366
of common pleas shall assign the cases to the judge of the	4367
domestic relations division and the judges of the general	4368
division.	4369

(2) In addition to the judge's regular duties, the judge of	4370
the division of domestic relations shall serve on the children	4371
services board and the county advisory board.	4372

(3) If the judge of the court of common pleas of Clark	4373
county, division of domestic relations, is sick, absent, or unable	4374
to perform that judge's judicial duties or if the presiding judge	4375
of the court of common pleas of Clark county determines that the	4376
volume of cases pending in the division of domestic relations	4377
necessitates it, the duties of the judge of the division of	4378
domestic relations shall be performed by the judges of the general	4379
division or probate division of the court of common pleas of Clark	4380
county, as assigned for that purpose by the presiding judge of	4381
that court, and the judges so assigned shall act in conjunction	4382
with the judge of the division of domestic relations of that	4383
court.	4384

(X) In Scioto county, the judge of the court of common pleas	4385
whose term begins January 2, 1995, and successors, shall have the	4386
same qualifications, exercise the same powers and jurisdiction,	4387
and receive the same compensation as other judges of the court of	4388
common pleas of Scioto county and shall be elected and designated	4389
as judge of the court of common pleas, division of domestic	4390
relations. The judge shall be assigned all divorce, dissolution	4391
of marriage, legal separation, and annulment cases, all cases	4392
arising under Chapter 3111. of the Revised Code, all proceedings	4393
involving child support, the allocation of parental rights and	4394
responsibilities for the care of children and the designation for	4395
the children of a place of residence and legal custodian,	4396
parenting time, visitation, and all post-decree proceedings and	4397
matters arising from those cases and proceedings, except in cases	4398
that for some special reason are assigned to another judge of the	4399
court of common pleas. The judge shall be charged with the	4400
assignment and division of the work of the division and with the	4401
employment and supervision of the personnel of the division.	4402

The judge shall designate the title, compensation, expense	4403
allowances, hours, leaves of absence, and vacations of the	4404
personnel of the division and shall fix the duties of the	4405
personnel of the division. The duties of the personnel, in	4406
addition to other statutory duties, include the handling,	4407
servicing, and investigation of divorce, dissolution of marriage,	4408
legal separation, and annulment cases, cases arising under Chapter	4409
3111. of the Revised Code, and proceedings involving child	4410
support, the allocation of parental rights and responsibilities	4411
for the care of children and the designation for the children of a	4412
place of residence and legal custodian, parenting time, and	4413
visitation, and providing counseling and conciliation services	4414
that the division makes available to persons, whether or not the	4415
persons are parties to an action pending in the division, who	4416
request the services.	4417

(Y) In Auglaize county, the judge of the probate and	4418
juvenile divisions of the Auglaize county court of common pleas	4419
also shall be the administrative judge of the domestic relations	4420
division of the court and shall be assigned all divorce,	4421
dissolution of marriage, legal separation, and annulment cases	4422
coming before the court. The judge shall have all powers as	4423
administrator of the domestic relations division and shall have	4424
charge of the personnel engaged in handling, servicing, or	4425
investigating divorce, dissolution of marriage, legal separation,	4426
and annulment cases, including any referees considered necessary	4427
for the discharge of the judge's various duties.	4428

(Z)(1) In Marion county, the judge of the court of common	4429
pleas whose term begins on February 9, 1999, and the successors to	4430
that judge, shall have the same qualifications, exercise the same	4431
powers and jurisdiction, and receive the same compensation as the	4432
other judges of the court of common pleas of Marion county and	4433
shall be elected and designated as judge of the court of common	4434
pleas, domestic relations-juvenile-probate division. Except as	4435
otherwise specified in this division, that judge, and the	4436
successors to that judge, shall have all the powers relating to	4437
juvenile courts, and all cases under Chapters 2151. and 2152. of	4438
the Revised Code, all cases arising under Chapter 3111. of the	4439
Revised Code, all divorce, dissolution of marriage, legal	4440
separation, and annulment cases, all proceedings involving child	4441
support, the allocation of parental rights and responsibilities	4442
for the care of children and the designation for the children of a	4443
place of residence and legal custodian, parenting time, and	4444
visitation, and all post-decree proceedings and matters arising	4445
from those cases and proceedings shall be assigned to that judge	4446
and the successors to that judge. Except as provided in division	4447
(Z)(2) of this section and notwithstanding any other provision of	4448
any section of the Revised Code, on and after February 9, 2003,	4449
the judge of the court of common pleas of Marion county whose term	4450
begins on February 9, 1999, and the successors to that judge,	4451
shall have all the powers relating to the probate division of the	4452
court of common pleas of Marion county in addition to the powers	4453
previously specified in this division, and shall exercise	4454
concurrent jurisdiction with the judge of the probate division of	4455
that court over all matters that are within the jurisdiction of	4456
the probate division of that court under Chapter 2101., and other	4457
provisions, of the Revised Code in addition to the jurisdiction of	4458
the domestic relations-juvenile-probate division of that court	4459
otherwise specified in division (Z)(1) of this section.	4460

(2) The judge of the domestic relations-juvenile-probate	4461
division of the court of common pleas of Marion county or the	4462
judge of the probate division of the court of common pleas of	4463
Marion county, whichever of those judges is senior in total length	4464
of service on the court of common pleas of Marion county,	4465
regardless of the division or divisions of service, shall serve as	4466
the clerk of the probate division of the court of common pleas of	4467
Marion county.	4468

(3) On and after February 9, 2003, all references in law to	4469
"the probate court," "the probate judge," "the juvenile court," or	4470
"the judge of the juvenile court" shall be construed, with respect	4471
to Marion county, as being references to both "the probate	4472
division" and "the domestic relations-juvenile-probate division"	4473
and as being references to both "the judge of the probate	4474
division" and "the judge of the domestic relations-	4475
juvenile-probate division." On and after February 9, 2003, all	4476
references in law to "the clerk of the probate court" shall be	4477
construed, with respect to Marion county, as being references to	4478
the judge who is serving pursuant to division (Z)(2) of this	4479
section as the clerk of the probate division of the court of	4480
common pleas of Marion county.	4481

(AA) In Muskingum county, the judge of the court of common	4482
pleas whose term begins on January 2, 2003, and successors, shall	4483
have the same qualifications, exercise the same powers and	4484
jurisdiction, and receive the same compensation as the other	4485
judges of the court of common pleas of Muskingum county and shall	4486
be elected and designated as the judge of the court of common	4487
pleas, division of domestic relations. The judge shall be	4488
assigned and hear all divorce, dissolution of marriage, legal	4489
separation, and annulment cases and all proceedings under the	4490
uniform interstate family support act contained in Chapter 3115.	4491
of the Revised Code. Except in cases that are subject to the	4492
exclusive original jurisdiction of the juvenile court, the judge	4493
shall be assigned and hear all cases pertaining to paternity,	4494
visitation, child support, the allocation of parental rights and	4495
responsibilities for the care of children, and the designation for	4496
the children of a place of residence and legal custodian, and all	4497
post-decree proceedings arising from any case pertaining to any of	4498
those matters.	4499

(BB) If a judge of the court of common pleas, division of	4500
domestic relations, or juvenile judge, of any of the counties	4501
mentioned in this section is sick, absent, or unable to perform	4502
that judge's judicial duties or the volume of cases pending in the	4503
judge's division necessitates it, the duties of that judge shall	4504
be performed by another judge of the court of common pleas of that	4505
county, assigned for that purpose by the presiding judge of the	4506
court of common pleas of that county to act in place of or in	4507
conjunction with that judge, as the case may require.	4508

Sec. 2301.27.  (A)(1) The court of common pleas may	4509
establish a county department of probation. The establishment of	4510
the department shall be entered upon the journal of the court, and	4511
the clerk of the court of common pleas shall certify a copy of the	4512
journal entry establishing the department to each elective officer	4513
and board of the county. The department shall consist of a chief	4514
probation officer and the number of other probation officers and	4515
employees, clerks, and stenographers that is fixed from time to	4516
time by the court. The court shall appoint those individuals, fix	4517
their salaries, and supervise their work. The court shall not	4518
appoint as a probation officer any person who does not possess the	4519
training, experience, and other qualifications prescribed by the	4520
adult parole authority created by section 5149.02 of the Revised	4521
Code. Probation officers have all the powers of regular police	4522
officers and shall perform any duties that are designated by the	4523
judge or judges of the court. All positions within the department	4524
of probation shall be in the classified service of the civil	4525
service of the county.	4526

(2) If two or more counties desire to jointly establish a	4527
probation department for those counties, the judges of the courts	4528
of common pleas of those counties may establish a probation	4529
department for those counties. If a probation department is	4530
established pursuant to division (A)(2) of this section to serve	4531
more than one county, the judges of the courts of common pleas	4532
that established the department shall designate the county	4533
treasurer of one of the counties served by the department as the	4534
treasurer to whom probation fees paid under section 2951.021 of	4535
the Revised Code are to be appropriated and transferred under	4536
division (A)(2) of section 321.44 of the Revised Code for deposit	4537
into the multicounty probation services fund established under	4538
division (B) of section 321.44 of the Revised Code.	4539

The cost of the administration and operation of a probation	4540
department established for two or more counties shall be prorated	4541
to the respective counties on the basis of population.	4542

(3) Probation officers shall receive, in addition to their	4543
respective salaries, their necessary and reasonable travel and	4544
other expenses incurred in the performance of their duties. Their	4545
salaries and expenses shall be paid monthly from the county	4546
treasury in the manner provided for the payment of the	4547
compensation of other appointees of the court.	4548

(B)(1) In lieu of establishing a county department of	4549
probation under division (A) of this section and in lieu of	4550
entering into an agreement with the adult parole authority as	4551
described in division (B) of section 2301.32 of the Revised Code,	4552
the court of common pleas may request the board of county	4553
commissioners to contract with, and upon that request the board	4554
may contract with, any nonprofit, public or private agency,	4555
association, or organization for the provision of probation	4556
services and supervisory services for persons placed under	4557
community control sanctions. The contract shall specify that each	4558
individual providing the probation services and supervisory	4559
services shall possess the training, experience, and other	4560
qualifications prescribed by the adult parole authority. The	4561
individuals who provide the probation services and supervisory	4562
services shall not be included in the classified or unclassified	4563
civil service of the county.	4564

(2) In lieu of establishing a county department of probation	4565
under division (A) of this section and in lieu of entering into an	4566
agreement with the adult parole authority as described in division	4567
(B) of section 2301.32 of the Revised Code, the courts of common	4568
pleas of two or more adjoining counties jointly may request the	4569
boards of county commissioners of those counties to contract with,	4570
and upon that request the boards of county commissioners of two or	4571
more adjoining counties jointly may contract with, any nonprofit,	4572
public or private agency, association, or organization for the	4573
provision of probation services and supervisory services for	4574
persons placed under community control sanctions for those	4575
counties. The contract shall specify that each individual	4576
providing the probation services and supervisory services shall	4577
possess the training, experience, and other qualifications	4578
prescribed by the adult parole authority. The individuals who	4579
provide the probation services and supervisory services shall not	4580
be included in the classified or unclassified civil service of any	4581
of those counties.	4582

(C) The chief probation officer may grant permission to a	4583
probation officer to carry firearms when required in the discharge	4584
of official duties, provided that any probation officer who is	4585
granted permission to carry firearms in the discharge of official	4586
duties, within six months of receiving permission to carry a	4587
firearm, shall successfully complete a basic firearm training	4588
program that is conducted at a training school approved by the	4589
Ohio peace officer training commission and that is substantially	4590
similar to the basic firearm training program for peace officers	4591
conducted at the Ohio peace officer training academy and receive a	4592
certificate of satisfactory completion of that program from the	4593
executive director of the Ohio peace officer training commission.	4594
Any probation officer who does not successfully complete a basic	4595
firearm training program within the six-month period after	4596
receiving permission to carry a firearm shall not carry, after the	4597
expiration of that six-month period, a firearm in the discharge of	4598
official duties until the probation officer has successfully	4599
completed a basic firearm training program. A probation officer	4600
who has received a certificate of satisfactory completion of a	4601
basic firearm training program, to maintain the right to carry a	4602
firearm in the discharge of official duties, annually shall	4603
successfully complete a firearms requalification program in	4604
accordance with section 109.801 of the Revised Code.	4605

(D) As used in this section and sections 2301.28 to 2301.32	4606
of the Revised Code, "community control sanction" has the same	4607
meaning as in section 2929.01 of the Revised Code.	4608

Sec. 2301.28.  The court of common pleas of a county in which	4609
a county department of probation has been established under	4610
division (A) of section 2301.27 of the Revised Code, in addition	4611
to employing the department in investigation and in the	4612
administration of its own orders of probationimposing community	4613
control sanctions, shall receive into the legal control or	4614
supervision of the department any person who is a resident of the	4615
county and who has been placed on probationunder a community	4616
control sanction by order of any other court exercising criminal	4617
jurisdiction in this state, whether within or without the county	4618
in which the department of probation is located, upon the request	4619
of the other court and subject to its continuing jurisdiction. The	4620
court of common pleas also shall receive into the legal custody or	4621
supervision of the department any person who is paroled,released	4622
under a post-release control sanction, or conditionally pardoned	4623
from a state correctional institution and who resides or remains	4624
in the county, if requested by the adult parole authority created	4625
by section 5149.02 of the Revised Code or any other authority	4626
having power to parole or release from any institution of that	4627
nature.	4628

As used in this section and section 2301.30 of the Revised	4629
Code, "post-release control sanction" has the same meaning as in	4630
section 2967.01 of the Revised Code.	4631

Sec. 2301.30.  The court of common pleas of a county in which	4632
a county department of probation is established under division (A)	4633
of section 2301.27 of the Revised Code shall require the	4634
department, in the rules through which the supervision of the	4635
department is exercised or otherwise, to do all of the following:	4636

(A) Furnish to each person under a community control	4637
sanction or post-release control sanction or on probation or	4638
parole under its supervision or in its custody, a written	4639
statement of the conditions of probationthe community control	4640
sanction, post-release control sanction, or parole and instruct	4641
himthe person regarding the conditions;	4642

(B) Keep informed concerning the conduct and condition of	4643
each person in its custody or under its supervision by visiting,	4644
the requiring of reports, and otherwise;	4645

(C) Use all suitable methods, not inconsistent with the	4646
conditions of probationthe community control sanction,	4647
post-release control sanction, or parole, to aid and encourage the	4648
persons under its supervision or in its custody and to bring about	4649
improvement in their conduct and condition;	4650

(D) Keep detailed records of the work of the department,	4651
keep accurate and complete accounts of all moneys collected from	4652
persons under its supervision or in its custody, and keep or give	4653
receipts for those moneys;	4654

(E) Make reports to the adult parole authority created by	4655
section 5149.02 of the Revised Code that it requires.	4656

Sec. 2301.32.  (A) In any county in which a county	4657
department of probation has been established under division (A) of	4658
section 2301.27 of the Revised Code and complies with standards	4659
and conditions prescribed by the adult parole authority created by	4660
section 5149.02 of the Revised Code, an agreement may be entered	4661
into between the court of common pleas and the authority under	4662
which the county department of probation correctional may receive	4663
supplemental investigation or supervisory services from the	4664
authority.	4665

(B) In any county in which a county department of probation	4666
has not been established under division (A) of section 2301.27 of	4667
the Revised Code, an agreement may be entered into between the	4668
court of common pleas of that county and the adult parole	4669
authority under which the court of common pleas may place	4670
defendants on probationunder a community control sanction in	4671
charge of the authority, and, in consideration of those	4672
placements, the county shall pay to the state from time to time	4673
the amounts that are provided for in the agreement.	4674

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

4675

(1) "Chiropractic claim," "medical claim," and "optometric	4676
claim" have the same meanings as in section 2305.11 of the Revised	4677
Code.	4678

(2) "Dental claim" has the same meaning as in section 2305.11	4679
of the Revised Code, except that it does not include any claim	4680
arising out of a dental operation or any derivative claim for	4681
relief that arises out of a dental operation.	4682

(3) "Governmental health care program" has the same meaning	4683
as in section 4731.65 of the Revised Code.	4684

(4) "Health care professional" means any of the following who	4685
provide medical, dental, or other health-related diagnosis, care,	4686
or treatment:	4687

(a) Physicians authorized under Chapter 4731. of the Revised	4688
Code to practice medicine and surgery or osteopathic medicine and	4689
surgery;	4690

(b) Registered nurses and licensed practical nurses licensed	4691
under Chapter 4723. of the Revised Code;	4692

(c) Physician assistants authorized to practice under	4693
Chapter 4730. of the Revised Code;	4694

(d) Dentists and dental hygienists licensed under Chapter	4695
4715. of the Revised Code;	4696

(e) Physical therapists licensed under Chapter 4755. of the	4697
Revised Code;	4698

(f) Chiropractors licensed under Chapter 4734. of the	4699
Revised Code;	4700

(g) Optometrists licensed under Chapter 4725. of the Revised	4701
Code;	4702

(h) Podiatrists authorized under Chapter 4731. of the	4703
Revised Code to practice podiatry;	4704

(i) Dietitians licensed under Chapter 4759. of the Revised	4705
Code;	4706

(j) Pharmacists licensed under Chapter 4729. of the Revised	4707
Code.	4708

(5) "Health care worker" means a person other than a health	4709
care professional who provides medical, dental, or other	4710
health-related care or treatment under the direction of a health	4711
care professional with the authority to direct that individual's	4712
activities, including medical technicians, medical assistants,	4713
dental assistants, orderlies, aides, and individuals acting in	4714
similar capacities.	4715

(6) "Indigent and uninsured person" means a person who meets	4716
all of the following requirements:	4717

(a) The person's income is not greater than one hundred	4718
fifty per cent of the current poverty line as defined by the	4719
United States office of management and budget and revised in	4720
accordance with section 673(2) of the "Omnibus Budget	4721
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	4722
amended.	4723

(b) The person is not eligible to receive medical assistance	4724
under Chapter 5111., disability assistance medical assistance	4725
under Chapter 5115. of the Revised Code, or assistance under any	4726
other governmental health care program.	4727

(c) Either of the following applies:

4728

(i) The person is not a policyholder, certificate holder,	4729
insured, contract holder, subscriber, enrollee, member,	4730
beneficiary, or other covered individual under a health insurance	4731
or health care policy, contract, or plan.	4732

(ii) The person is a policyholder, certificate holder,	4733
insured, contract holder, subscriber, enrollee, member,	4734
beneficiary, or other covered individual under a health insurance	4735
or health care policy, contract, or plan, but the insurer, policy,	4736
contract, or plan denies coverage or is the subject of insolvency	4737
or bankruptcy proceedings in any jurisdiction.	4738

(7) "Operation" means any procedure that involves cutting or	4739
otherwise infiltrating human tissue by mechanical means, including	4740
surgery, laser surgery, ionizing radiation, therapeutic	4741
ultrasound, or the removal of intraocular foreign bodies.	4742
"Operation" does not include the administration of medication by	4743
injection, unless the injection is administered in conjunction	4744
with a procedure infiltrating human tissue by mechanical means	4745
other than the administration of medicine by injection.	4746

(8) "Nonprofit shelter or health care facility" means a	4747
charitable nonprofit corporation organized and operated pursuant	4748
to Chapter 1702. of the Revised Code, or any charitable	4749
organization not organized and not operated for profit, that	4750
provides shelter, health care services, or shelter and health care	4751
services to indigent and uninsured persons, except that "shelter	4752
or health care facility" does not include a hospital as defined in	4753
section 3727.01 of the Revised Code, a facility licensed under	4754
Chapter 3721. of the Revised Code, or a medical facility that is	4755
operated for profit.	4756

(9) "Tort action" means a civil action for damages for	4757
injury, death, or loss to person or property other than a civil	4758
action for damages for a breach of contract or another agreement	4759
between persons or government entities.	4760

(10) "Volunteer" means an individual who provides any	4761
medical, dental, or other health-care related diagnosis, care, or	4762
treatment without the expectation of receiving and without receipt	4763
of any compensation or other form of remuneration from an indigent	4764
and uninsured person, another person on behalf of an indigent and	4765
uninsured person, any shelter or health care facility, or any	4766
other person or government entity.	4767

(11) "Community control sanction" has the same meaning as in	4768
section 2929.01 of the Revised Code.	4769

(B)(1) Subject to divisions (E) and (F)(3) of this section,	4770
a health care professional who is a volunteer and complies with	4771
division (B)(2) of this section is not liable in damages to any	4772
person or government entity in a tort or other civil action,	4773
including an action on a medical, dental, chiropractic,	4774
optometric, or other health-related claim, for injury, death, or	4775
loss to person or property that allegedly arises from an action or	4776
omission of the volunteer in the provision at a nonprofit shelter	4777
or health care facility to an indigent and uninsured person of	4778
medical, dental, or other health-related diagnosis, care, or	4779
treatment, including the provision of samples of medicine and	4780
other medical products, unless the action or omission constitutes	4781
willful or wanton misconduct.	4782

(2) To qualify for the immunity described in division (B)(1)	4783
of this section, a health care professional shall do all of the	4784
following prior to providing diagnosis, care, or treatment:	4785

(a) Determine, in good faith, that the indigent and	4786
uninsured person is mentally capable of giving informed consent to	4787
the provision of the diagnosis, care, or treatment and is not	4788
subject to duress or under undue influence;	4789

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

4790

(c) Obtain the informed consent of the person and a written	4791
waiver, signed by the person or by another individual on behalf of	4792
and in the presence of the person, that states that the person is	4793
mentally competent to give informed consent and, without being	4794
subject to duress or under undue influence, gives informed consent	4795
to the provision of the diagnosis, care, or treatment subject to	4796
the provisions of this section.	4797

(3) A physician or podiatrist who is not covered by medical	4798
malpractice insurance, but complies with division (B)(2) of this	4799
section, is not required to comply with division (A) of section	4800
4731.143 of the Revised Code.	4801

(C) Subject to divisions (E) and (F)(3) of this section,	4802
health care workers who are volunteers are not liable in damages	4803
to any person or government entity in a tort or other civil	4804
action, including an action upon a medical, dental, chiropractic,	4805
optometric, or other health-related claim, for injury, death, or	4806
loss to person or property that allegedly arises from an action or	4807
omission of the health care worker in the provision at a nonprofit	4808
shelter or health care facility to an indigent and uninsured	4809
person of medical, dental, or other health-related diagnosis,	4810
care, or treatment, unless the action or omission constitutes	4811
willful or wanton misconduct.	4812

(D) Subject to divisions (E) and (F)(3) of this section and	4813
section 3701.071 of the Revised Code, a nonprofit shelter or	4814
health care facility associated with a health care professional	4815
described in division (B)(1) of this section or a health care	4816
worker described in division (C) of this section is not liable in	4817
damages to any person or government entity in a tort or other	4818
civil action, including an action on a medical, dental,	4819
chiropractic, optometric, or other health-related claim, for	4820
injury, death, or loss to person or property that allegedly arises	4821
from an action or omission of the health care professional or	4822
worker in providing for the shelter or facility medical, dental,	4823
or other health-related diagnosis, care, or treatment to an	4824
indigent and uninsured person, unless the action or omission	4825
constitutes willful or wanton misconduct.	4826

(E)(1) Except as provided in division (E)(2) of this	4827
section, the immunities provided by divisions (B), (C), and (D) of	4828
this section are not available to an individual or to a nonprofit	4829
shelter or health care facility if, at the time of an alleged	4830
injury, death, or loss to person or property, the individuals	4831
involved are providing one of the following:	4832

(a) Any medical, dental, or other health-related diagnosis,	4833
care, or treatment pursuant to a community service work order	4834
entered by a court under division (F)(B) of section 2951.02 of the	4835
Revised Code as a condition of probation or other suspension of a	4836
term of imprisonment or imposed by a court as a community control	4837
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	4838
Code.;	4839

(b) Performance of an operation.;

4840

(c) Delivery of a baby.

4841

(2) Division (E)(1) of this section does not apply to an	4842
individual who provides, or a nonprofit shelter or health care	4843
facility at which the individual provides, diagnosis, care, or	4844
treatment that is necessary to preserve the life of a person in a	4845
medical emergency.	4846

(F)(1) This section does not create a new cause of action or	4847
substantive legal right against a health care professional, health	4848
care worker, or nonprofit shelter or health care facility.	4849

(2) This section does not affect any immunities from civil	4850
liability or defenses established by another section of the	4851
Revised Code or available at common law to which an individual or	4852
a nonprofit shelter or health care facility may be entitled in	4853
connection with the provision of emergency or other diagnosis,	4854
care, or treatment.	4855

(3) This section does not grant an immunity from tort or	4856
other civil liability to an individual or a nonprofit shelter or	4857
health care facility for actions that are outside the scope of	4858
authority of health care professionals or health care workers.	4859

(4) This section does not affect any legal responsibility of	4860
a health care professional or health care worker to comply with	4861
any applicable law of this state or rule of an agency of this	4862
state.	4863

(5) This section does not affect any legal responsibility of	4864
a nonprofit shelter or health care facility to comply with any	4865
applicable law of this state, rule of an agency of this state, or	4866
local code, ordinance, or regulation that pertains to or regulates	4867
building, housing, air pollution, water pollution, sanitation,	4868
health, fire, zoning, or safety.	4869

Sec. 2313.29.  No person whose name is drawn and who is	4870
notified to attend a term or part of a term of a court of record	4871
as a juror shall fail to attend at the time specified in the	4872
notice, or from day to day.	4873

A fine imposed for the violation of this section under	4874
division (A) of section 2313.992929.18 of the Revised Code may be	4875
wholly or partly remitted by direction of the judge in open court,	4876
before the end of the same term, and upon good cause shown;	4877
otherwise it shall not be remitted. Each remission so made by the	4878
judge, with the reason for the remission, shall be entered on the	4879
journal of the court. This section applies to an additional grand	4880
juror or a special juror, as well as to the regular petit juror.	4881

Sec. 2903.13.  (A) No person shall knowingly cause or	4882
attempt to cause physical harm to another or to another's unborn.	4883

(B) No person shall recklessly cause serious physical harm	4884
to another or to another's unborn.	4885

(C) Whoever violates this section is guilty of assault.	4886
Except as otherwise provided in division (C)(1), (2), (3), (4),	4887
or (5) of this section, assault is a misdemeanor of the first	4888
degree.	4889

(1) Except as otherwise provided in this division, if the	4890
offense is committed by a caretaker against a functionally	4891
impaired person under the caretaker's care, assault is a felony of	4892
the fourth degree. If the offense is committed by a caretaker	4893
against a functionally impaired person under the caretaker's care,	4894
if the offender previously has been convicted of or pleaded guilty	4895
to a violation of this section or section 2903.11 or 2903.16 of	4896
the Revised Code, and if in relation to the previous conviction	4897
the offender was a caretaker and the victim was a functionally	4898
impaired person under the offender's care, assault is a felony of	4899
the third degree.	4900

(2) If the offense is committed in any of the following	4901
circumstances, assault is a felony of the fifth degree:	4902

(a) The offense occurs in or on the grounds of a state	4903
correctional institution or an institution of the department of	4904
youth services, the victim of the offense is an employee of the	4905
department of rehabilitation and correction, the department of	4906
youth services, or a probation department or is on the premises of	4907
the particular institution for business purposes or as a visitor,	4908
and the offense is committed by a person incarcerated in the state	4909
correctional institution, by a person institutionalized in the	4910
department of youth services institution pursuant to a commitment	4911
to the department of youth services, by a probationer or parolee,	4912
by an offender under transitional control, under a community	4913
control sanction, or on an escorted visit, by a person under	4914
post-release control, or by an offender under any other type of	4915
supervision by a government agency.	4916

(b) The offense occurs in or on the grounds of a local	4917
correctional facility, the victim of the offense is an employee of	4918
the local correctional facility or a probation department or is on	4919
the premises of the facility for business purposes or as a	4920
visitor, and the offense is committed by a person who is under	4921
custody in the facility subsequent to the person's arrest for any	4922
crime or delinquent act, subsequent to the person's being charged	4923
with or convicted of any crime, or subsequent to the person's	4924
being alleged to be or adjudicated a delinquent child.	4925

(c) The offense occurs off the grounds of a state	4926
correctional institution and off the grounds of an institution of	4927
the department of youth services, the victim of the offense is an	4928
employee of the department of rehabilitation and correction, the	4929
department of youth services, or a probation department, the	4930
offense occurs during the employee's official work hours and while	4931
the employee is engaged in official work responsibilities, and the	4932
offense is committed by a person incarcerated in a state	4933
correctional institution or institutionalized in the department of	4934
youth services who temporarily is outside of the institution for	4935
any purpose, by a probationer or parolee, by an offender under	4936
transitional control, under a community control sanction, or on an	4937
escorted visit, by a person under post-release control, or by an	4938
offender under any other type of supervision by a government	4939
agency.	4940

(d) The offense occurs off the grounds of a local	4941
correctional facility, the victim of the offense is an employee of	4942
the local correctional facility or a probation department, the	4943
offense occurs during the employee's official work hours and while	4944
the employee is engaged in official work responsibilities, and the	4945
offense is committed by a person who is under custody in the	4946
facility subsequent to the person's arrest for any crime or	4947
delinquent act, subsequent to the person being charged with or	4948
convicted of any crime, or subsequent to the person being alleged	4949
to be or adjudicated a delinquent child and who temporarily is	4950
outside of the facility for any purpose or by a probationer or	4951
parolee, by an offender under transitional control, under a	4952
community control sanction, or on an escorted visit, by a person	4953
under post-release control, or by an offender under any other type	4954
of supervision by a government agency.	4955

(e) The victim of the offense is a school teacher or	4956
administrator or a school bus operator, and the offense occurs in	4957
a school, on school premises, in a school building, on a school	4958
bus, or while the victim is outside of school premises or a school	4959
bus and is engaged in duties or official responsibilities	4960
associated with the victim's employment or position as a school	4961
teacher or administrator or a school bus operator, including, but	4962
not limited to, driving, accompanying, or chaperoning students at	4963
or on class or field trips, athletic events, or other school	4964
extracurricular activities or functions outside of school	4965
premises.	4966

(3) If the victim of the offense is a peace officer, a	4967
firefighter, or a person performing emergency medical service,	4968
while in the performance of their official duties, assault is a	4969
felony of the fourth degree.	4970

(4) If the victim of the offense is a peace officer and if	4971
the victim suffered serious physical harm as a result of the	4972
commission of the offense, assault is a felony of the fourth	4973
degree, and the court, pursuant to division (F) of section 2929.13	4974
of the Revised Code, shall impose as a mandatory prison term one	4975
of the prison terms prescribed for a felony of the fourth degree	4976
that is at least twelve months in duration.	4977

(5) If the victim of the offense is an officer or employee	4978
of a public children services agency or a private child placing	4979
agency and the offense relates to the officer's or employee's	4980
performance or anticipated performance of official	4981
responsibilities or duties, assault is either a felony of the	4982
fifth degree or, if the offender previously has been convicted of	4983
or pleaded guilty to an offense of violence, the victim of that	4984
prior offense was an officer or employee of a public children	4985
services agency or private child placing agency, and that prior	4986
offense related to the officer's or employee's performance or	4987
anticipated performance of official responsibilities or duties, a	4988
felony of the fourth degree.	4989

(D) As used in this section:

4990

(1) "Peace officer" has the same meaning as in section	4991
2935.01 of the Revised Code.	4992

(2) "Firefighter" has the same meaning as in section 3937.41	4993
of the Revised Code.	4994

(3) "Emergency medical service" has the same meaning as in	4995
section 4765.01 of the Revised Code.	4996

(4) "Local correctional facility" means a county,	4997
multicounty, municipal, municipal-county, or multicounty-municipal	4998
jail or workhouse, a minimum security jail established under	4999
section 341.23 or 753.21 of the Revised Code, or another county,	5000
multicounty, municipal, municipal-county, or multicounty-municipal	5001
facility used for the custody of persons arrested for any crime or	5002
delinquent act, persons charged with or convicted of any crime, or	5003
persons alleged to be or adjudicated a delinquent child.	5004

(5) "Employee of a local correctional facility" means a	5005
person who is an employee of the political subdivision or of one	5006
or more of the affiliated political subdivisions that operates the	5007
local correctional facility and who operates or assists in the	5008
operation of the facility.	5009

(6) "School teacher or administrator" means either of the	5010
following:	5011

(a) A person who is employed in the public schools of the	5012
state under a contract described in section 3319.08 of the Revised	5013
Code in a position in which the person is required to have a	5014
certificate issued pursuant to sections 3319.22 to 3319.311 of the	5015
Revised Code.	5016

(b) A person who is employed by a nonpublic school for which	5017
the state board of education prescribes minimum standards under	5018
section 3301.07 of the Revised Code and who is certificated in	5019
accordance with section 3301.071 of the Revised Code.	5020

(7) "Community control sanction" has the same meaning as in	5021
section 2929.01 of the Revised Code.	5022

(8) "Escorted visit" means an escorted visit granted under	5023
section 2967.27 of the Revised Code.	5024

(9) "Post-release control" and "transitional control" have	5025
the same meanings as in section 2967.01 of the Revised Code.	5026

Sec. 2905.12.  (A) No person, with purpose to coerce another	5027
into taking or refraining from action concerning which hethe	5028
other person has a legal freedom of choice, shall do any of the	5029
following:	5030

(1) Threaten to commit any offense;

5031

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

5032

(3) Expose or threaten to expose any matter tending to	5033
subject any person to hatred, contempt, or ridicule, or to damage	5034
hisany person's personal or business repute, or to impair hisany	5035
person's credit;	5036

(4) Institute or threaten criminal proceedings against any	5037
person;	5038

(5) Take or, withhold, or threaten to take or withhold	5039
official action, or cause or threaten to cause official action to	5040
be taken or withheld.	5041

(B) Divisions (A)(4) and (5) of this section shall not be	5042
construed to prohibit a prosecutor or court from doing any of the	5043
following in good faith and in the interests of justice:	5044

(1) Offering or agreeing to grant, or granting immunity from	5045
prosecution pursuant to section 2945.44 of the Revised Code;	5046

(2) In return for a plea of guilty to one or more offenses	5047
charged or to one or more other or lesser offenses, or in return	5048
for the testimony of the accused in a case to which hethe accused	5049
is not a party, offering or agreeing to dismiss, or dismissing one	5050
or more charges pending against an accused, or offering or	5051
agreeing to impose, or imposing a certain sentence or modification	5052
of sentence;	5053

(3) Imposing probationa community control sanction on	5054
certain conditions, including without limitation requiring the	5055
offender to make restitution or redress to the victim of histhe	5056
offense.	5057

(C) It is an affirmative defense to a charge under division	5058
(A)(3), (4), or (5) of this section that the actor's conduct was a	5059
reasonable response to the circumstances whichthat occasioned it,	5060
and that histhe actor's purpose was limited to any of the	5061
following:	5062

(1) Compelling another to refrain from misconduct or to	5063
desist from further misconduct;	5064

(2) Preventing or redressing a wrong or injustice;

5065

(3) Preventing another from taking action for which the	5066
actor reasonably believed suchthe other person to be	5067
disqualified;	5068

(4) Compelling another to take action whichthat the actor	5069
reasonably believed suchthe other person to be under a duty to	5070
take.	5071

(D) Whoever violates this section is guilty of coercion, a	5072
misdemeanor of the second degree.	5073

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

5074

(1) "Threat" includes a direct threat and a threat by	5075
innuendo.	5076

(2)"Community control sanction" has the same meaning as in	5077
section 2929.01 of the Revised Code.	5078

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

5079

(1) "Public retirement system" means the public employees	5080
retirement system, state teachers retirement system, school	5081
employees retirement system, Ohio police and fire pension fund,	5082
state highway patrol retirement system, or a municipal retirement	5083
system of a municipal corporation of this state.	5084

(2) "Government deferred compensation program" means such a	5085
program offered by the Ohio public employees deferred compensation	5086
board; a municipal corporation; or a governmental unit, as defined	5087
in section 148.06 of the Revised Code.	5088

(3) "Deferred compensation program participant" means a	5089
"participating employee" or "continuing member," as defined in	5090
section 148.01 of the Revised Code, or any other public employee	5091
who has funds in a government deferred compensation program.	5092

(4) "Alternative retirement plan" means an aternative	5093
alternative retirement plan provided pursuant to Chapter 3305. of	5094
the Revised Code.	5095

(5) "Prosecutor" has the same meaning as in section 2935.01	5096
of the Revised Code.	5097

In any case in which a sentencing court orders restitution to	5098
the victim under section 2929.18 or 2929.28 of the Revised Code	5099
for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05	5100
of the Revised Code and in which the offender is a government	5101
deferred compensation program participant, is an electing	5102
employee, as defined in section 3305.01 of the Revised Code, or is	5103
a member of, or receiving a pension, benefit, or allowance, other	5104
than a survivorship benefit, from, a public retirement system and	5105
committed the offense against a child, student, patient, or other	5106
person with whom the offender had contact in the context of the	5107
offender's public employment, at the request of the victim the	5108
prosecutor shall file a motion with the sentencing court	5109
specifying the government deferred compensation program,	5110
alternative retirement plan, or public retirement system and	5111
requesting that the court issue an order requiring the government	5112
deferred compensation program, alternative retirement plan, or	5113
public retirement system to withhold the amount required as	5114
restitution from one or more of the following: any payment to be	5115
made from a government deferred compensation program, any payment	5116
or benefit under an alternative retirement plan, or under a	5117
pension, annuity, allowance, or any other benefit, other than a	5118
survivorship benefit, that has been or is in the future granted to	5119
the offender; from any payment of accumulated employee	5120
contributions standing to the offender's credit with the	5121
government deferred compensation program, alternative retirement	5122
plan, or public retirement system; or from any payment of any	5123
other amounts to be paid to the offender pursuant to Chapter 145.,	5124
148., 742., 3307., 3309., or 5505. of the Revised Code on	5125
withdrawal of contributions. The motion may be filed at any time	5126
subsequent to the conviction of the offender or entry of a guilty	5127
plea. On the filing of the motion, the clerk of the court in	5128
which the motion is filed shall notify the offender and the	5129
government deferred compensation program, alternative retirement	5130
plan, or public retirement system, in writing, of all of the	5131
following: that the motion was filed; that the offender will be	5132
granted a hearing on the issuance of the requested order if the	5133
offender files a written request for a hearing with the clerk	5134
prior to the expiration of thirty days after the offender receives	5135
the notice; that, if a hearing is requested, the court will	5136
schedule a hearing as soon as possible and notify the offender and	5137
the government deferred compensation program, alternative	5138
retirement plan, or public retirement system of the date, time,	5139
and place of the hearing; that, if a hearing is conducted, it will	5140
be limited to a consideration of whether the offender can show	5141
good cause why the order should not be issued; that, if a hearing	5142
is conducted, the court will not issue the order if the court	5143
determines, based on evidence presented at the hearing by the	5144
offender, that there is good cause for the order not to be issued;	5145
that the court will issue the order if a hearing is not requested	5146
or if a hearing is conducted but the court does not determine,	5147
based on evidence presented at the hearing by the offender, that	5148
there is good cause for the order not to be issued; and that, if	5149
the order is issued, the government deferred compensation program,	5150
alternative retirement plan, or public retirement system specified	5151
in the motion will be required to withhold the amount required as	5152
restitution from payments to the offender.	5153

(B) In any case in which a motion requesting the issuance of	5154
a withholding order as described in division (A) of this section	5155
is filed, the offender may receive a hearing on the motion by	5156
delivering a written request for a hearing to the court prior to	5157
the expiration of thirty days after the offender's receipt of the	5158
notice provided pursuant to division (A) of this section. If the	5159
offender requests a hearing within the prescribed time, the court	5160
shall schedule a hearing as soon as possible after the request is	5161
made and notify the offender and the government deferred	5162
compensation program, alternative retirement plan, or public	5163
retirement system of the date, time, and place of the hearing. A	5164
hearing scheduled under this division shall be limited to a	5165
consideration of whether there is good cause, based on evidence	5166
presented by the offender, for the requested order not to be	5167
issued. If the court determines, based on evidence presented by	5168
the offender, that there is good cause for the order not to be	5169
issued, the court shall deny the motion and shall not issue the	5170
order. Good cause for not issuing the order includes a	5171
determination by the court that the order would severely impact	5172
the offender's ability to support the offender's dependents.	5173

If the offender does not request a hearing within the	5174
prescribed time or the court conducts a hearing but does not	5175
determine, based on evidence presented by the offender, that there	5176
is good cause for the order not to be issued, the court shall	5177
order the government deferred compensation program, alternative	5178
retirement plan, or public retirement system to withhold the	5179
amount required as restitution from one or more of the following:	5180
any payments to be made from a government deferred compensation	5181
program, any payment or benefit under an alternative retirement	5182
plan, or under a pension, annuity, allowance, or under any other	5183
benefit, other than a survivorship benefit, that has been or is in	5184
the future granted to the offender; from any payment of	5185
accumulated employee contributions standing to the offender's	5186
credit with the government deferred compensation program,	5187
alternative retirement plan, or public retirement system; or from	5188
any payment of any other amounts to be paid to the offender upon	5189
withdrawal of contributions pursuant to Chapter 145., 148., 742.,	5190
3307., 3309., or 5505. of the Revised Code and to continue the	5191
withholding for that purpose, in accordance with the order, out of	5192
each payment to be made on or after the date of issuance of the	5193
order, until further order of the court. On receipt of an order	5194
issued under this division, the government deferred compensation	5195
program, alternative retirement plan, or public retirement system	5196
shall withhold the amount required as restitution, in accordance	5197
with the order, from any such payments and immediately forward the	5198
amount withheld to the clerk of the court in which the order was	5199
issued for payment to the person to whom restitution is to be	5200
made. The order shall not apply to any portion of payments made	5201
from a government deferred compensation program, alternative	5202
retirement plan, or public retirement system to a person other	5203
than the offender pursuant to a previously issued domestic court	5204
order.	5205

(C) Service of a notice required by division (A) or (B) of	5206
this section shall be effected in the same manner as provided in	5207
the Rules of Civil Procedure for the service of process.	5208

(D) Upon the filing of charges under section 2907.02,	5209
2907.03, 2907.04, or 2907.05 of the Revised Code against a person	5210
who is a deferred compensation program participant, an electing	5211
employee participating in an alternative retirement plan, or a	5212
member of, or receiving a pension benefit, or allowance, other	5213
than a survivorship benefit, from a public retirement system for	5214
an offense against a child, student, patient, or other person with	5215
whom the offender had contact in the context of the offender's	5216
public employment, the prosecutor shall send written notice that	5217
charges have been filed against that person to the appropriate	5218
government deferred compensation program, alternative retirement	5219
plan, or public retirement system. The notice shall specifically	5220
identify the person charged.	5221

Sec. 2907.27.  (A)(1) If a person is charged with a	5222
violation of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241,	5223
or 2907.25 of the Revised Code or with a violation of a municipal	5224
ordinance that is substantially equivalent to any of those	5225
sections, the arresting authorities or a court, upon the request	5226
of the prosecutor in the case or upon the request of the victim,	5227
shall cause the accused to submit to one or more appropriate tests	5228
to determine if the accused is suffering from a venereal disease.	5229

(2) If the accused is found to be suffering from a venereal	5230
disease in an infectious stage, the accused shall be required to	5231
submit to medical treatment for that disease. The cost of the	5232
medical treatment shall be charged to and paid by the accused who	5233
undergoes the treatment. If the accused is indigent, the court	5234
shall order the accused to report to a facility operated by a city	5235
health district or a general health district for treatment. If	5236
the accused is convicted of or pleads guilty to the offense with	5237
which the accused is charged and is placed on probationunder a	5238
community control sanction, a condition of probationcommunity	5239
control shall be that the offender submit to and faithfully follow	5240
a course of medical treatment for the venereal disease. If the	5241
offender does not seek the required medical treatment, the court	5242
may revoke the offender's probationcommunity control and order	5243
the offender to undergo medical treatment during the period of the	5244
offender's incarceration and to pay the cost of that treatment.	5245

(B)(1)(a) Notwithstanding the requirements for informed	5246
consent in section 3701.242 of the Revised Code, if a person is	5247
charged with a violation of division (B) of section 2903.11 or of	5248
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24,	5249
2907.241, or 2907.25 of the Revised Code or with a violation of a	5250
municipal ordinance that is substantially equivalent to that	5251
division or any of those sections, the court, upon the request of	5252
the prosecutor in the case, upon the request of the victim, or	5253
upon the request of any other person whom the court reasonably	5254
believes had contact with the accused in circumstances related to	5255
the violation that could have resulted in the transmission to that	5256
person of a virus that causes acquired immunodeficiency syndrome,	5257
shall cause the accused to submit to one or more tests designated	5258
by the director of health under section 3701.241 of the Revised	5259
Code to determine if the accused is a carrier of a virus that	5260
causes acquired immunodeficiency syndrome. The court, upon the	5261
request of the prosecutor in the case, upon the request of the	5262
victim with the agreement of the prosecutor, or upon the request	5263
of any other person with the agreement of the prosecutor, may	5264
cause an accused who is charged with a violation of any other	5265
section of the Revised Code or with a violation of any other	5266
municipal ordinance to submit to one or more tests so designated	5267
by the director of health if the circumstances of the violation	5268
indicate probable cause to believe that the accused, if the	5269
accused is infected with the virus that causes acquired	5270
immunodeficiency syndrome, might have transmitted the virus to any	5271
of the following persons in committing the violation:	5272

(i) In relation to a request made by the prosecuting	5273
attorney, to the victim or to any other person;	5274

(ii) In relation to a request made by the victim, to the	5275
victim making the request;	5276

(iii) In relation to a request made by any other person, to	5277
the person making the request.	5278

(b) The results of a test performed under division (B)(1)(a)	5279
of this section shall be communicated in confidence to the court,	5280
and the court shall inform the accused of the result. The court	5281
shall inform the victim that the test was performed and that the	5282
victim has a right to receive the results on request. If the test	5283
was performed upon the request of a person other than the	5284
prosecutor in the case and other than the victim, the court shall	5285
inform the person who made the request that the test was performed	5286
and that the person has a right to receive the results upon	5287
request. Additionally, regardless of who made the request that	5288
was the basis of the test being performed, if the court reasonably	5289
believes that, in circumstances related to the violation, a person	5290
other than the victim had contact with the accused that could have	5291
resulted in the transmission of the virus to that person, the	5292
court may inform that person that the test was performed and that	5293
the person has a right to receive the results of the test on	5294
request. If the accused tests positive for a virus that causes	5295
acquired immunodeficiency syndrome, the test results shall be	5296
reported to the department of health in accordance with section	5297
3701.24 of the Revised Code and to the sheriff, head of the state	5298
correctional institution, or other person in charge of any jail or	5299
prison in which the accused is incarcerated. If the accused tests	5300
positive for a virus that causes acquired immunodeficiency	5301
syndrome and the accused was charged with, and was convicted of or	5302
pleaded guilty to, a violation of section 2907.24, 2907.241, or	5303
2907.25 of the Revised Code or a violation of a municipal	5304
ordinance that is substantially equivalent to any of those	5305
sections, the test results also shall be reported to the law	5306
enforcement agency that arrested the accused, and the law	5307
enforcement agency may use the test results as the basis for any	5308
future charge of a violation of division (B) of any of those	5309
sections or a violation of a municipal ordinance that is	5310
substantially equivalent to division (B) of any of those sections.	5311
No other disclosure of the test results or the fact that a test	5312
was performed shall be made, other than as evidence in a grand	5313
jury proceeding or as evidence in a judicial proceeding in	5314
accordance with the Rules of Evidence. If the test result is	5315
negative, and the charge has not been dismissed or if the accused	5316
has been convicted of the charge or a different offense arising	5317
out of the same circumstances as the offense charged, the court	5318
shall order that the test be repeated not earlier than three	5319
months nor later than six months after the original test.	5320

(2) If an accused who is free on bond refuses to submit to a	5321
test ordered by the court pursuant to division (B)(1) of this	5322
section, the court may order that the accused's bond be revoked	5323
and that the accused be incarcerated until the test is performed.	5324
If an accused who is incarcerated refuses to submit to a test	5325
ordered by the court pursuant to division (B)(1) of this section,	5326
the court shall order the person in charge of the jail or prison	5327
in which the accused is incarcerated to take any action necessary	5328
to facilitate the performance of the test, including the forcible	5329
restraint of the accused for the purpose of drawing blood to be	5330
used in the test.	5331

(3) A state agency, a political subdivision of the state, or	5332
an employee of a state agency or of a political subdivision of the	5333
state is immune from liability in a civil action to recover	5334
damages for injury, death, or loss to person or property allegedly	5335
caused by any act or omission in connection with the performance	5336
of the duties required under division (B)(2) of this section	5337
unless the acts or omissions are with malicious purpose, in bad	5338
faith, or in a wanton or reckless manner.	5339

(C) As used in this section, "community control sanction"	5340
has the same meaning as in section 2929.01 of the Revised Code.	5341

Sec. 2919.22.  (A) No person, who is the parent, guardian,	5342
custodian, person having custody or control, or person in loco	5343
parentis of a child under eighteen years of age or a mentally or	5344
physically handicapped child under twenty-one years of age, shall	5345
create a substantial risk to the health or safety of the child, by	5346
violating a duty of care, protection, or support. It is not a	5347
violation of a duty of care, protection, or support under this	5348
division when the parent, guardian, custodian, or person having	5349
custody or control of a child treats the physical or mental	5350
illness or defect of the child by spiritual means through prayer	5351
alone, in accordance with the tenets of a recognized religious	5352
body.	5353

(B) No person shall do any of the following to a child under	5354
eighteen years of age or a mentally or physically handicapped	5355
child under twenty-one years of age:	5356

(1) Abuse the child;

5357

(2) Torture or cruelly abuse the child;

5358

(3) Administer corporal punishment or other physical	5359
disciplinary measure, or physically restrain the child in a cruel	5360
manner or for a prolonged period, which punishment, discipline, or	5361
restraint is excessive under the circumstances and creates a	5362
substantial risk of serious physical harm to the child;	5363

(4) Repeatedly administer unwarranted disciplinary measures	5364
to the child, when there is a substantial risk that such conduct,	5365
if continued, will seriously impair or retard the child's mental	5366
health or development;	5367

(5) Entice, coerce, permit, encourage, compel, hire, employ,	5368
use, or allow the child to act, model, or in any other way	5369
participate in, or be photographed for, the production,	5370
presentation, dissemination, or advertisement of any material or	5371
performance that the offender knows or reasonably should know is	5372
obscene, is sexually oriented matter, or is nudity-oriented	5373
matter.	5374

(C)(1) No person shall operate a vehicle, streetcar, or	5375
trackless trolley within this state in violation of division (A)	5376
of section 4511.19 of the Revised Code when one or more children	5377
under eighteen years of age are in the vehicle, streetcar, or	5378
trackless trolley. Notwithstanding any other provision of law, a	5379
person may be convicted at the same trial or proceeding of a	5380
violation of this division and a violation of division (A) of	5381
section 4511.19 of the Revised Code that constitutes the basis of	5382
the charge of the violation of this division. For purposes of	5383
section 4511.191 of the Revised Code and all related provisions of	5384
law, a person arrested for a violation of this division shall be	5385
considered to be under arrest for operating a vehicle while under	5386
the influence of alcohol, a drug of abuse, or alcohol and a drug	5387
of abuse or for operating a vehicle with a prohibited	5388
concentration of alcohol in the blood, breath, or urine.	5389

(2) As used in division (C)(1) of this section, "vehicle,"	5390
"streetcar," and "trackless trolley" have the same meanings as in	5391
section 4511.01 of the Revised Code.	5392

(D)(1) Division (B)(5) of this section does not apply to any	5393
material or performance that is produced, presented, or	5394
disseminated for a bona fide medical, scientific, educational,	5395
religious, governmental, judicial, or other proper purpose, by or	5396
to a physician, psychologist, sociologist, scientist, teacher,	5397
person pursuing bona fide studies or research, librarian, member	5398
of the clergy, prosecutor, judge, or other person having a proper	5399
interest in the material or performance.	5400

(2) Mistake of age is not a defense to a charge under	5401
division (B)(5) of this section.	5402

(3) In a prosecution under division (B)(5) of this section,	5403
the trier of fact may infer that an actor, model, or participant	5404
in the material or performance involved is a juvenile if the	5405
material or performance, through its title, text, visual	5406
representation, or otherwise, represents or depicts the actor,	5407
model, or participant as a juvenile.	5408

(4) As used in this division and division (B)(5) of this	5409
section:	5410

(a) "Material," "performance," "obscene," and "sexual	5411
activity" have the same meanings as in section 2907.01 of the	5412
Revised Code.	5413

(b) "Nudity-oriented matter" means any material or	5414
performance that shows a minor in a state of nudity and that,	5415
taken as a whole by the average person applying contemporary	5416
community standards, appeals to prurient interest.	5417

(c) "Sexually oriented matter" means any material or	5418
performance that shows a minor participating or engaging in sexual	5419
activity, masturbation, or bestiality.	5420

(E)(1) Whoever violates this section is guilty of	5421
endangering children.	5422

(2) If the offender violates division (A) or (B)(1) of this	5423
section, endangering children is one of the following:	5424

(a) Except as otherwise provided in division (E)(2)(b), (c),	5425
or (d) of this section, a misdemeanor of the first degree;	5426

(b) If the offender previously has been convicted of an	5427
offense under this section or of 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)(2)(c) or	5430
(d) of this section, a felony of the fourth degree;	5431

(c) If the violation is a violation of division (A) of this	5432
section and results in serious physical harm to the child	5433
involved, a felony of the third degree;	5434

(d) If the violation is a violation of division (B)(1) of	5435
this section and results in serious physical harm to the child	5436
involved, a felony of the second degree.	5437

(3) If the offender violates division (B)(2), (3), or (4) of	5438
this section, except as otherwise provided in this division,	5439
endangering children is a felony of the third degree. If the	5440
violation results in serious physical harm to the child involved,	5441
or if the offender previously has been convicted of an offense	5442
under this section or of any offense involving neglect,	5443
abandonment, contributing to the delinquency of, or physical abuse	5444
of a child, endangering children is a felony of the second degree.	5445

(4) If the offender violates division (B)(5) of this	5446
section, endangering children is a felony of the second degree.	5447

(5) If the offender violates division (C) of this section,	5448
the offender shall be punished as follows:	5449

(a) Except as otherwise provided in division (E)(5)(b) or	5450
(c) of this section, endangering children in violation of division	5451
(C) of this section is a misdemeanor of the first degree.	5452

(b) If the violation results in serious physical harm to the	5453
child involved or the offender previously has been convicted of an	5454
offense under this section or any offense involving neglect,	5455
abandonment, contributing to the delinquency of, or physical abuse	5456
of a child, except as otherwise provided in division (E)(5)(c) of	5457
this section, endangering children in violation of division (C) of	5458
this section is a felony of the fifth degree.	5459

(c) If the violation results in serious physical harm to the	5460
child involved and if the offender previously has been convicted	5461
of a violation of division (C) of this section, section 2903.06 or	5462
2903.08 of the Revised Code, section 2903.07 of the Revised Code	5463
as it existed prior to March 23, 2000, or section 2903.04 of the	5464
Revised Code in a case in which the offender was subject to the	5465
sanctions described in division (D) of that section, endangering	5466
children in violation of division (C) of this section is a felony	5467
of the fourth degree.	5468

(d) In addition to any term of imprisonment, fine, or other	5469
sentence, penalty, or sanction it imposes upon the offender	5470
pursuant to division (E)(5)(a), (b), or (c) of this section or	5471
pursuant to any other provision of law, the court also may impose	5472
upon the offender one or both of the following sanctions:	5473

(i) It may require the offender, as part of the offender's	5474
sentence and in the manner described in division (F) of this	5475
section, to perform not more than two hundred hours of supervised	5476
community service work under the authority of any agency,	5477
political subdivision, or charitable organization of the type	5478
described in division (F)(1)(B) of section 2951.02 of the Revised	5479
Code, provided that the court shall not require the offender to	5480
perform supervised community service work under this division	5481
unless the offender agrees to perform the supervised community	5482
service work.	5483

(ii) It may suspend the driver's or commercial driver's	5484
license or permit or nonresident operating privilege of the	5485
offender for up to ninety days, in addition to any suspension or	5486
revocation of the offender's driver's or commercial driver's	5487
license or permit or nonresident operating privilege under Chapter	5488
4506., 4507., 4509., or 4511. of the Revised Code or under any	5489
other provision of law.	5490

(e) In addition to any term of imprisonment, fine, or other	5491
sentence, penalty, or sanction imposed upon the offender pursuant	5492
to division (E)(5)(a), (b), (c), or (d) of this section or	5493
pursuant to any other provision of law for the violation of	5494
division (C) of this section, if as part of the same trial or	5495
proceeding the offender also is convicted of or pleads guilty to a	5496
separate charge charging the violation of division (A) of section	5497
4511.19 of the Revised Code that was the basis of the charge of	5498
the violation of division (C) of this section, the offender also	5499
shall be sentenced, in accordance with section 4511.99 of the	5500
Revised Code, for that violation of division (A) of section	5501
4511.19 of the Revised Code and also shall be subject to all other	5502
sanctions that are required or authorized by any provision of law	5503
for that violation of division (A) of section 4511.19 of the	5504
Revised Code.	5505

(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of	5506
this section, requires an offender to perform supervised community	5507
service work under the authority of an agency, subdivision, or	5508
charitable organization, the requirement shall be part of the	5509
community control sanction or sentence of the offender, and the	5510
court shall impose the community service in accordance with and	5511
subject to divisions (F)(1)(a) and (b) of this section. The court	5512
may require an offender whom it requires to perform supervised	5513
community service work as part of the offender's community control	5514
sanction or sentence to pay the court a reasonable fee to cover	5515
the costs of the offender's participation in the work, including,	5516
but not limited to, the costs of procuring a policy or policies of	5517
liability insurance to cover the period during which the offender	5518
will perform the work. If the court requires the offender to	5519
perform supervised community service work as part of the	5520
offender's community control sanction or sentence, the court shall	5521
do so in accordance with the following limitations and criteria:	5522

(i) The court shall require that the community service work	5523
be performed after completion of the term of imprisonment imposed	5524
upon the offender for the violation of division (C) of this	5525
section, if applicable.	5526

(ii) TheSubject to division (E)(5)(d)(i) of this section,	5527
the supervised community service work shall be subject to the	5528
limitations set forth in divisions (F)(1)(a) to (c)(B)(1), (2),	5529
and (3) of section 2951.02 of the Revised Code.	5530

(iii) The community service work shall be supervised in the	5531
manner described in division (F)(1)(d)(B)(4) of section 2951.02 of	5532
the Revised Code by an official or person with the qualifications	5533
described in that division. The official or person periodically	5534
shall report in writing to the court concerning the conduct of the	5535
offender in performing the work.	5536

(iv) The court shall inform the offender in writing that if	5537
the offender does not adequately perform, as determined by the	5538
court, all of the required community service work, the court may	5539
order that the offender be committed to a jail or workhouse for a	5540
period of time that does not exceed the term of imprisonment that	5541
the court could have imposed upon the offender for the violation	5542
of division (C) of this section, reduced by the total amount of	5543
time that the offender actually was imprisoned under the sentence	5544
or term that was imposed upon the offender for that violation and	5545
by the total amount of time that the offender was confined for any	5546
reason arising out of the offense for which the offender was	5547
convicted and sentenced as described in sections 2949.08 and	5548
2967.191 of the Revised Code, and that, if the court orders that	5549
the offender be so committed, the court is authorized, but not	5550
required, to grant the offender credit upon the period of the	5551
commitment for the community service work that the offender	5552
adequately performed.	5553

(b) If a court, pursuant to this division and division	5554
(E)(5)(d)(i) of this section, orders an offender to perform	5555
community service work as part of the offender's community control	5556
sanction or sentence and if the offender does not adequately	5557
perform all of the required community service work, as determined	5558
by the court, the court may order that the offender be committed	5559
to a jail or workhouse for a period of time that does not exceed	5560
the term of imprisonment that the court could have imposed upon	5561
the offender for the violation of division (C) of this section,	5562
reduced by the total amount of time that the offender actually was	5563
imprisoned under the sentence or term that was imposed upon the	5564
offender for that violation and by the total amount of time that	5565
the offender was confined for any reason arising out of the	5566
offense for which the offender was convicted and sentenced as	5567
described in sections 2949.08 and 2967.191 of the Revised Code.	5568
The court may order that a person committed pursuant to this	5569
division shall receive hour-for-hour credit upon the period of the	5570
commitment for the community service work that the offender	5571
adequately performed. No commitment pursuant to this division	5572
shall exceed the period of the term of imprisonment that the	5573
sentencing court could have imposed upon the offender for the	5574
violation of division (C) of this section, reduced by the total	5575
amount of time that the offender actually was imprisoned under	5576
that sentence or term and by the total amount of time that the	5577
offender was confined for any reason arising out of the offense	5578
for which the offender was convicted and sentenced as described in	5579
sections 2949.08 and 2967.191 of the Revised Code.	5580

(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do not	5581
limit or affect the authority of the court to suspend the sentence	5582
imposed upon a misdemeanor offender and place the offender on	5583
probation or otherwise suspend the sentenceunder a community	5584
control sanction pursuant to sections 2929.51 and 2951.02section	5585
2929.25 of the Revised Code, to require thea misdemeanor or	5586
felony offender, as a condition of the offender's probation or of	5587
otherwise suspending the offender's sentence, to perform	5588
supervised community service work in accordance with division	5589
(F)(B) of section 2951.02 of the Revised Code, or to place a	5590
felony offender under a community control sanction.	5591

(G)(1) If a court suspends an offender's driver's or	5592
commercial driver's license or permit or nonresident operating	5593
privilege under division (E)(5)(d)(ii) of this section, the period	5594
of the suspension shall be consecutive to, and commence after, the	5595
period of suspension or revocation of the offender's driver's or	5596
commercial driver's license or permit or nonresident operating	5597
privilege that is imposed under Chapter 4506., 4507., 4509., or	5598
4511. of the Revised Code or under any other provision of law in	5599
relation to the violation of division (C) of this section that is	5600
the basis of the suspension under division (E)(5)(d)(ii) of this	5601
section or in relation to the violation of division (A) of section	5602
4511.19 of the Revised Code that is the basis for that violation	5603
of division (C) of this section.	5604

(2) An offender is not entitled to request, and the court	5605
shall not grant to the offender, occupational driving privileges	5606
under division (G) of this section if the offender's license,	5607
permit, or privilege has been suspended under division	5608
(E)(5)(d)(ii) of this section and the offender, within the	5609
preceding seven years, has been convicted of or pleaded guilty to	5610
three or more violations of one or more of the following:	5611

(a) Division (C) of this section;

5612

(b) Division (A) or (B) of section 4511.19 of the Revised	5613
Code;	5614

(c) A municipal ordinance relating to operating a vehicle	5615
while under the influence of alcohol, a drug of abuse, or alcohol	5616
and a drug of abuse;	5617

(d) A municipal ordinance relating to operating a vehicle	5618
with a prohibited concentration of alcohol in the blood, breath,	5619
or urine;	5620

(e) Section 2903.04 of the Revised Code in a case in which	5621
the offender was subject to the sanctions described in division	5622
(D) of that section;	5623

(f) Division (A)(1) of section 2903.06 or division (A)(1) of	5624
section 2903.08 of the Revised Code or a municipal ordinance that	5625
is substantially similar to either of those divisions;	5626

(g) Division (A)(2), (3), or (4) of section 2903.06,	5627
division (A)(2) of section 2903.08, or former section 2903.07 of	5628
the Revised Code, or a municipal ordinance that is substantially	5629
similar to any of those divisions or that former section, in a	5630
case in which the jury or judge found that the offender was under	5631
the influence of alcohol, a drug of abuse, or alcohol and a drug	5632
of abuse;	5633

(h) A statute of the United States or of any other state or	5634
a municipal ordinance of a municipal corporation located in any	5635
other state that is substantially similar to division (A) or (B)	5636
of section 4511.19 of the Revised Code.	5637

(3) Any other offender who is not described in division	5638
(G)(2) of this section and whose license, permit, or nonresident	5639
operating privilege has been suspended under division	5640
(E)(5)(d)(ii) of this section may file with the sentencing court a	5641
petition alleging that the suspension would seriously affect the	5642
offender's ability to continue employment. Upon satisfactory	5643
proof that there is reasonable cause to believe that the	5644
suspension would seriously affect the offender's ability to	5645
continue employment, the court may grant the offender occupational	5646
driving privileges during the period during which the suspension	5647
otherwise would be imposed, except that the court shall not grant	5648
occupational driving privileges for employment as a driver of	5649
commercial motor vehicles to any person who is disqualified from	5650
operating a commercial motor vehicle under section 3123.611 or	5651
4506.16 of the Revised Code or whose commercial driver's license	5652
or commercial driver's temporary instruction permit has been	5653
suspended under section 3123.58 of the Revised Code.	5654

(H)(1) If a person violates division (C) of this section and	5655
if, at the time of the violation, there were two or more children	5656
under eighteen years of age in the motor vehicle involved in the	5657
violation, the offender may be convicted of a violation of	5658
division (C) of this section for each of the children, but the	5659
court may sentence the offender for only one of the violations.	5660

(2)(a) If a person is convicted of or pleads guilty to a	5661
violation of division (C) of this section but the person is not	5662
also convicted of and does not also plead guilty to a separate	5663
charge charging the violation of division (A) of section 4511.19	5664
of the Revised Code that was the basis of the charge of the	5665
violation of division (C) of this section, both of the following	5666
apply:	5667

(i) For purposes of the provisions of section 4511.99 of the	5668
Revised Code that set forth the penalties and sanctions for a	5669
violation of division (A) of section 4511.19 of the Revised Code,	5670
the conviction of or plea of guilty to the violation of division	5671
(C) of this section shall not constitute a violation of division	5672
(A) of section 4511.19 of the Revised Code;	5673

(ii) For purposes of any provision of law that refers to a	5674
conviction of or plea of guilty to a violation of division (A) of	5675
section 4511.19 of the Revised Code and that is not described in	5676
division (H)(2)(a)(i) of this section, the conviction of or plea	5677
of guilty to the violation of division (C) of this section shall	5678
constitute a conviction of or plea of guilty to a violation of	5679
division (A) of section 4511.19 of the Revised Code.	5680

(b) If a person is convicted of or pleads guilty to a	5681
violation of division (C) of this section and the person also is	5682
convicted of or pleads guilty to a separate charge charging the	5683
violation of division (A) of section 4511.19 of the Revised Code	5684
that was the basis of the charge of the violation of division (C)	5685
of this section, the conviction of or plea of guilty to the	5686
violation of division (C) of this section shall not constitute,	5687
for purposes of any provision of law that refers to a conviction	5688
of or plea of guilty to a violation of division (A) of section	5689
4511.19 of the Revised Code, a conviction of or plea of guilty to	5690
a violation of division (A) of section 4511.19 of the Revised	5691
Code.	5692

(I) As used in this section, "community control sanction"	5693
has the same meaning as in section 2929.01 of the Revised Code.	5694

Sec. 2923.14.  (A) Any person who, solely by reason of his	5695
the person's disability under division (A)(2) or (3) of section	5696
2923.13 of the Revised Code, is prohibited from acquiring, having,	5697
carrying, or using firearms, may apply to the court of common	5698
pleas in the county where hein which the person resides for	5699
relief from such prohibition.	5700

(B) The application shall recite the following:

5701

(1) All indictments, convictions, or adjudications upon	5702
which the applicant's disability is based, the sentence imposed	5703
and served, and probationany release granted under a community	5704
control sanction, post-release control sanction, or parole, orany	5705
partial or conditional pardon granted, or other disposition of	5706
each case;	5707

(2) Facts showing the applicant to be a fit subject for	5708
relief under this section.	5709

(C) A copy of the application shall be served on the county	5710
prosecutor, who.The county prosecutor shall cause the matter to	5711
be investigated, and shall raise before the court suchany	5712
objections to granting relief asthat the investigation reveals.	5713

(D) Upon hearing, the court may grant the applicant relief	5714
pursuant to this section, if all of the following apply:	5715

(1) The applicant has been fully discharged from	5716
imprisonment, probationcommunity control, post-release control,	5717
and parole, or, if hethe applicant is under indictment, has been	5718
released on bail or recognizance;.	5719

(2) The applicant has led a law-abiding life since his	5720
discharge or release, and appears likely to continue to do so;.	5721

(3) The applicant is not otherwise prohibited by law from	5722
acquiring, having, or using firearms.	5723

(E) Costs of the proceeding shall be charged as in other	5724
civil cases, and taxed to the applicant.	5725

(F) Relief from disability granted pursuant to this section:

5726

(1) Applies only with respect to indictments, convictions,	5727
or adjudications recited in the application;	5728

(2) Applies only with respect to firearms lawfully acquired,	5729
possessed, carried, or used by the applicant;	5730

(3) Does not apply with respect to dangerous ordnance;

5731

(4) May be revoked by the court at any time for good cause	5732
shown and upon notice to the applicant;	5733

(5) Is automatically void upon commission by the applicant	5734
of any offense embraced byset forth in division (A)(2) or (3) of	5735
section 2923.13 of the Revised Code, or upon the applicant's	5736
becoming one of the class of persons named in division (A)(1),	5737
(4), or (5) of suchthat section.	5738

(G) As used in this section:

5739

(1) "Community control sanction" has the same meaning as in	5740
section 2929.01 of the Revised Code.	5741

(2) "Post-release control" and "post-release control	5742
sanction" have the same meanings as in section 2967.01 of the	5743
Revised Code.	5744

Sec. 2925.11.  (A) No person shall knowingly obtain,	5745
possess, or use a controlled substance.	5746

(B) This section does not apply to any of the following:

5747

(1) Manufacturers, licensed health professionals authorized	5748
to prescribe drugs, pharmacists, owners of pharmacies, and other	5749
persons whose conduct was in accordance with Chapters 3719.,	5750
4715., 4723., 4729., 4731., and 4741. of the Revised Code;	5751

(2) If the offense involves an anabolic steroid, any person	5752
who is conducting or participating in a research project involving	5753
the use of an anabolic steroid if the project has been approved by	5754
the United States food and drug administration;	5755

(3) Any person who sells, offers for sale, prescribes,	5756
dispenses, or administers for livestock or other nonhuman species	5757
an anabolic steroid that is expressly intended for administration	5758
through implants to livestock or other nonhuman species and	5759
approved for that purpose under the "Federal Food, Drug, and	5760
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	5761
and is sold, offered for sale, prescribed, dispensed, or	5762
administered for that purpose in accordance with that act;	5763

(4) Any person who obtained the controlled substance	5764
pursuant to a prescription issued by a licensed health	5765
professional authorized to prescribe drugs.	5766

(C) Whoever violates division (A) of this section is guilty	5767
of one of the following:	5768

(1) If the drug involved in the violation is a compound,	5769
mixture, preparation, or substance included in schedule I or II,	5770
with the exception of marihuana, cocaine, L.S.D., heroin, and	5771
hashish, whoever violates division (A) of this section is guilty	5772
of aggravated possession of drugs. The penalty for the offense	5773
shall be determined as follows:	5774

(a) Except as otherwise provided in division (C)(1)(b), (c),	5775
(d), or (e) of this section, aggravated possession of drugs is a	5776
felony of the fifth degree, and division (B) of section 2929.13 of	5777
the Revised Code applies in determining whether to impose a prison	5778
term on the offender.	5779

(b) If the amount of the drug involved equals or exceeds the	5780
bulk amount but is less than five times the bulk amount,	5781
aggravated possession of drugs is a felony of the third degree,	5782
and there is a presumption for a prison term for the offense.	5783

(c) If the amount of the drug involved equals or exceeds	5784
five times the bulk amount but is less than fifty times the bulk	5785
amount, aggravated possession of drugs is a felony of the second	5786
degree, and the court shall impose as a mandatory prison term one	5787
of the prison terms prescribed for a felony of the second degree.	5788

(d) If the amount of the drug involved equals or exceeds	5789
fifty times the bulk amount but is less than one hundred times the	5790
bulk amount, aggravated possession of drugs is a felony of the	5791
first degree, and the court shall impose as a mandatory prison	5792
term one of the prison terms prescribed for a felony of the first	5793
degree.	5794

(e) If the amount of the drug involved equals or exceeds one	5795
hundred times the bulk amount, aggravated possession of drugs is a	5796
felony of the first degree, the offender is a major drug offender,	5797
and the court shall impose as a mandatory prison term the maximum	5798
prison term prescribed for a felony of the first degree and may	5799
impose an additional mandatory prison term prescribed for a major	5800
drug offender under division (D)(3)(b) of section 2929.14 of the	5801
Revised Code.	5802

(2) If the drug involved in the violation is a compound,	5803
mixture, preparation, or substance included in schedule III, IV,	5804
or V, whoever violates division (A) of this section is guilty of	5805
possession of drugs. The penalty for the offense shall be	5806
determined as follows:	5807

(a) Except as otherwise provided in division (C)(2)(b), (c),	5808
or (d) of this section, possession of drugs is a misdemeanor of	5809
the third degree or, if the offender previously has been convicted	5810
of a drug abuse offense, a misdemeanor of the second degree. If	5811
the drug involved in the violation is an anabolic steroid included	5812
in schedule III and if the offense is a misdemeanor of the third	5813
degree under this division, in lieu of sentencing the offender to	5814
a term of imprisonment in a detention facility, the court may	5815
place the offender on conditional probationunder a community	5816
control sanction that requires the offender to perform supervised	5817
community service work pursuant to division (F)(B) of section	5818
2951.02 of the Revised Code.	5819

(b) If the amount of the drug involved equals or exceeds the	5820
bulk amount but is less than five times the bulk amount,	5821
possession of drugs is a felony of the fourth degree, and division	5822
(C) of section 2929.13 of the Revised Code applies in determining	5823
whether to impose a prison term on the offender.	5824

(c) If the amount of the drug involved equals or exceeds	5825
five times the bulk amount but is less than fifty times the bulk	5826
amount, possession of drugs is a felony of the third degree, and	5827
there is a presumption for a prison term for the offense.	5828

(d) If the amount of the drug involved equals or exceeds	5829
fifty times the bulk amount, possession of drugs is a felony of	5830
the second degree, and the court shall impose upon the offender as	5831
a mandatory prison term one of the prison terms prescribed for a	5832
felony of the second degree.	5833

(3) If the drug involved in the violation is marihuana or a	5834
compound, mixture, preparation, or substance containing marihuana	5835
other than hashish, whoever violates division (A) of this section	5836
is guilty of possession of marihuana. The penalty for the offense	5837
shall be determined as follows:	5838

(a) Except as otherwise provided in division (C)(3)(b), (c),	5839
(d), (e), or (f) of this section, possession of marihuana is a	5840
minor misdemeanor.	5841

(b) If the amount of the drug involved equals or exceeds one	5842
hundred grams but is less than two hundred grams, possession of	5843
marihuana is a misdemeanor of the fourth degree.	5844

(c) If the amount of the drug involved equals or exceeds two	5845
hundred grams but is less than one thousand grams, possession of	5846
marihuana is a felony of the fifth degree, and division (B) of	5847
section 2929.13 of the Revised Code applies in determining whether	5848
to impose a prison term on the offender.	5849

(d) If the amount of the drug involved equals or exceeds one	5850
thousand grams but is less than five thousand grams, possession of	5851
marihuana is a felony of the third degree, and division (C) of	5852
section 2929.13 of the Revised Code applies in determining whether	5853
to impose a prison term on the offender.	5854

(e) If the amount of the drug involved equals or exceeds	5855
five thousand grams but is less than twenty thousand grams,	5856
possession of marihuana is a felony of the third degree, and there	5857
is a presumption that a prison term shall be imposed for the	5858
offense.	5859

(f) If the amount of the drug involved equals or exceeds	5860
twenty thousand grams, possession of marihuana is a felony of the	5861
second degree, and the court shall impose as a mandatory prison	5862
term the maximum prison term prescribed for a felony of the second	5863
degree.	5864

(4) If the drug involved in the violation is cocaine or a	5865
compound, mixture, preparation, or substance containing cocaine,	5866
whoever violates division (A) of this section is guilty of	5867
possession of cocaine. The penalty for the offense shall be	5868
determined as follows:	5869

(a) Except as otherwise provided in division (C)(4)(b), (c),	5870
(d), (e), or (f) of this section, possession of cocaine is a	5871
felony of the fifth degree, and division (B) of section 2929.13 of	5872
the Revised Code applies in determining whether to impose a prison	5873
term on the offender.	5874

(b) If the amount of the drug involved equals or exceeds	5875
five grams but is less than twenty-five grams of cocaine that is	5876
not crack cocaine or equals or exceeds one gram but is less than	5877
five grams of crack cocaine, possession of cocaine is a felony of	5878
the fourth degree, and there is a presumption for a prison term	5879
for the offense.	5880

(c) If the amount of the drug involved equals or exceeds	5881
twenty-five grams but is less than one hundred grams of cocaine	5882
that is not crack cocaine or equals or exceeds five grams but is	5883
less than ten grams of crack cocaine, possession of cocaine is a	5884
felony of the third degree, and the court shall impose as a	5885
mandatory prison term one of the prison terms prescribed for a	5886
felony of the third degree.	5887

(d) If the amount of the drug involved equals or exceeds one	5888
hundred grams but is less than five hundred grams of cocaine that	5889
is not crack cocaine or equals or exceeds ten grams but is less	5890
than twenty-five grams of crack cocaine, possession of cocaine is	5891
a felony of the second degree, and the court shall impose as a	5892
mandatory prison term one of the prison terms prescribed for a	5893
felony of the second degree.	5894

(e) If the amount of the drug involved equals or exceeds	5895
five hundred grams but is less than one thousand grams of cocaine	5896
that is not crack cocaine or equals or exceeds twenty-five grams	5897
but is less than one hundred grams of crack cocaine, possession of	5898
cocaine is a felony of the first degree, and the court shall	5899
impose as a mandatory prison term one of the prison terms	5900
prescribed for a felony of the first degree.	5901

(f) If the amount of the drug involved equals or exceeds one	5902
thousand grams of cocaine that is not crack cocaine or equals or	5903
exceeds one hundred grams of crack cocaine, possession of cocaine	5904
is a felony of the first degree, the offender is a major drug	5905
offender, and the court shall impose as a mandatory prison term	5906
the maximum prison term prescribed for a felony of the first	5907
degree and may impose an additional mandatory prison term	5908
prescribed for a major drug offender under division (D)(3)(b) of	5909
section 2929.14 of the Revised Code.	5910

(5) If the drug involved in the violation is L.S.D., whoever	5911
violates division (A) of this section is guilty of possession of	5912
L.S.D. The penalty for the offense shall be determined as	5913
follows:	5914

(a) Except as otherwise provided in division (C)(5)(b), (c),	5915
(d), (e), or (f) of this section, possession of L.S.D. is a felony	5916
of the fifth degree, and division (B) of section 2929.13 of the	5917
Revised Code applies in determining whether to impose a prison	5918
term on the offender.	5919

(b) If the amount of L.S.D. involved equals or exceeds ten	5920
unit doses but is less than fifty unit doses of L.S.D. in a solid	5921
form or equals or exceeds one gram but is less than five grams of	5922
L.S.D. in a liquid concentrate, liquid extract, or liquid	5923
distillate form, possession of L.S.D. is a felony of the fourth	5924
degree, and division (C) of section 2929.13 of the Revised Code	5925
applies in determining whether to impose a prison term on the	5926
offender.	5927

(c) If the amount of L.S.D. involved equals or exceeds fifty	5928
unit doses, but is less than two hundred fifty unit doses of	5929
L.S.D. in a solid form or equals or exceeds five grams but is less	5930
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	5931
extract, or liquid distillate form, possession of L.S.D. is a	5932
felony of the third degree, and there is a presumption for a	5933
prison term for the offense.	5934

(d) If the amount of L.S.D. involved equals or exceeds two	5935
hundred fifty unit doses but is less than one thousand unit doses	5936
of L.S.D. in a solid form or equals or exceeds twenty-five grams	5937
but is less than one hundred grams of L.S.D. in a liquid	5938
concentrate, liquid extract, or liquid distillate form, possession	5939
of L.S.D. is a felony of the second degree, and the court shall	5940
impose as a mandatory prison term one of the prison terms	5941
prescribed for a felony of the second degree.	5942

(e) If the amount of L.S.D. involved equals or exceeds one	5943
thousand unit doses but is less than five thousand unit doses of	5944
L.S.D. in a solid form or equals or exceeds one hundred grams but	5945
is less than five hundred grams of L.S.D. in a liquid concentrate,	5946
liquid extract, or liquid distillate form, possession of L.S.D. is	5947
a felony of the first degree, and the court shall impose as a	5948
mandatory prison term one of the prison terms prescribed for a	5949
felony of the first degree.	5950

(f) If the amount of L.S.D. involved equals or exceeds five	5951
thousand unit doses of L.S.D. in a solid form or equals or exceeds	5952
five hundred grams of L.S.D. in a liquid concentrate, liquid	5953
extract, or liquid distillate form, possession of L.S.D. is a	5954
felony of the first degree, the offender is a major drug offender,	5955
and the court shall impose as a mandatory prison term the maximum	5956
prison term prescribed for a felony of the first degree and may	5957
impose an additional mandatory prison term prescribed for a major	5958
drug offender under division (D)(3)(b) of section 2929.14 of the	5959
Revised Code.	5960

(6) If the drug involved in the violation is heroin or a	5961
compound, mixture, preparation, or substance containing heroin,	5962
whoever violates division (A) of this section is guilty of	5963
possession of heroin. The penalty for the offense shall be	5964
determined as follows:	5965

(a) Except as otherwise provided in division (C)(6)(b), (c),	5966
(d), (e), or (f) of this section, possession of heroin is a felony	5967
of the fifth degree, and division (B) of section 2929.13 of the	5968
Revised Code applies in determining whether to impose a prison	5969
term on the offender.	5970

(b) If the amount of the drug involved equals or exceeds ten	5971
unit doses but is less than fifty unit doses or equals or exceeds	5972
one gram but is less than five grams, possession of heroin is a	5973
felony of the fourth degree, and division (C) of section 2929.13	5974
of the Revised Code applies in determining whether to impose a	5975
prison term on the offender.	5976

(c) If the amount of the drug involved equals or exceeds	5977
fifty unit doses but is less than one hundred unit doses or equals	5978
or exceeds five grams but is less than ten grams, possession of	5979
heroin is a felony of the third degree, and there is a presumption	5980
for a prison term for the offense.	5981

(d) If the amount of the drug involved equals or exceeds one	5982
hundred unit doses but is less than five hundred unit doses or	5983
equals or exceeds ten grams but is less than fifty grams,	5984
possession of heroin is a felony of the second degree, and the	5985
court shall impose as a mandatory prison term one of the prison	5986
terms prescribed for a felony of the second degree.	5987

(e) If the amount of the drug involved equals or exceeds	5988
five hundred unit doses but is less than two thousand five hundred	5989
unit doses or equals or exceeds fifty grams but is less than two	5990
hundred fifty grams, possession of heroin is a felony of the first	5991
degree, and the court shall impose as a mandatory prison term one	5992
of the prison terms prescribed for a felony of the first degree.	5993

(f) If the amount of the drug involved equals or exceeds two	5994
thousand five hundred unit doses or equals or exceeds two hundred	5995
fifty grams, possession of heroin is a felony of the first degree,	5996
the offender is a major drug offender, and the court shall impose	5997
as a mandatory prison term the maximum prison term prescribed for	5998
a felony of the first degree and may impose an additional	5999
mandatory prison term prescribed for a major drug offender under	6000
division (D)(3)(b) of section 2929.14 of the Revised Code.	6001

(7) If the drug involved in the violation is hashish or a	6002
compound, mixture, preparation, or substance containing hashish,	6003
whoever violates division (A) of this section is guilty of	6004
possession of hashish. The penalty for the offense shall be	6005
determined as follows:	6006

(a) Except as otherwise provided in division (C)(7)(b), (c),	6007
(d), (e), or (f) of this section, possession of hashish is a minor	6008
misdemeanor.	6009

(b) If the amount of the drug involved equals or exceeds	6010
five grams but is less than ten grams of hashish in a solid form	6011
or equals or exceeds one gram but is less than two grams of	6012
hashish in a liquid concentrate, liquid extract, or liquid	6013
distillate form, possession of hashish is a misdemeanor of the	6014
fourth degree.	6015

(c) If the amount of the drug involved equals or exceeds ten	6016
grams but is less than fifty grams of hashish in a solid form or	6017
equals or exceeds two grams but is less than ten grams of hashish	6018
in a liquid concentrate, liquid extract, or liquid distillate	6019
form, possession of hashish is a felony of the fifth degree, and	6020
division (B) of section 2929.13 of the Revised Code applies in	6021
determining whether to impose a prison term on the offender.	6022

(d) If the amount of the drug involved equals or exceeds	6023
fifty grams but is less than two hundred fifty grams of hashish in	6024
a solid form or equals or exceeds ten grams but is less than fifty	6025
grams of hashish in a liquid concentrate, liquid extract, or	6026
liquid distillate form, possession of hashish is a felony of the	6027
third degree, and division (C) of section 2929.13 of the Revised	6028
Code applies in determining whether to impose a prison term on the	6029
offender.	6030

(e) If the amount of the drug involved equals or exceeds two	6031
hundred fifty grams but is less than one thousand grams of hashish	6032
in a solid form or equals or exceeds fifty grams but is less than	6033
two hundred grams of hashish in a liquid concentrate, liquid	6034
extract, or liquid distillate form, possession of hashish is a	6035
felony of the third degree, and there is a presumption that a	6036
prison term shall be imposed for the offense.	6037

(f) If the amount of the drug involved equals or exceeds one	6038
thousand grams of hashish in a solid form or equals or exceeds two	6039
hundred grams of hashish in a liquid concentrate, liquid extract,	6040
or liquid distillate form, possession of hashish is a felony of	6041
the second degree, and the court shall impose as a mandatory	6042
prison term the maximum prison term prescribed for a felony of the	6043
second degree.	6044

(D) Arrest or conviction for a minor misdemeanor violation	6045
of this section does not constitute a criminal record and need not	6046
be reported by the person so arrested or convicted in response to	6047
any inquiries about the person's criminal record, including any	6048
inquiries contained in any application for employment, license, or	6049
other right or privilege, or made in connection with the person's	6050
appearance as a witness.	6051

(E) In addition to any prison term authorized or required by	6052
division (C) of this section and sections 2929.13 and 2929.14 of	6053
the Revised Code and in addition to any other sanction that is	6054
imposed for the offense under this section or sections 2929.11 to	6055
2929.18 of the Revised Code, the court that sentences an offender	6056
who is convicted of or pleads guilty to a violation of division	6057
(A) of this section shall do all of the following that are	6058
applicable regarding the offender:	6059

(1)(a) If the violation is a felony of the first, second, or	6060
third degree, the court shall impose upon the offender the	6061
mandatory fine specified for the offense under division (B)(1) of	6062
section 2929.18 of the Revised Code unless, as specified in that	6063
division, the court determines that the offender is indigent.	6064

(b) Notwithstanding any contrary provision of section	6065
3719.21 of the Revised Code, the clerk of the court shall pay a	6066
mandatory fine or other fine imposed for a violation of this	6067
section pursuant to division (A) of section 2929.18 of the Revised	6068
Code in accordance with and subject to the requirements of	6069
division (F) of section 2925.03 of the Revised Code. The agency	6070
that receives the fine shall use the fine as specified in division	6071
(F) of section 2925.03 of the Revised Code.	6072

(c) If a person is charged with a violation of this section	6073
that is a felony of the first, second, or third degree, posts	6074
bail, and forfeits the bail, the clerk shall pay the forfeited	6075
bail pursuant to division (E)(1)(b) of this section as if it were	6076
a mandatory fine imposed under division (E)(1)(a) of this section.	6077

(2) The court shall suspend for not less than six months or	6078
more than five years the driver's or commercial driver's license	6079
or permit of any person who is convicted of or has pleaded guilty	6080
to a violation of this section.	6081

(3) If the offender is a professionally licensed person or a	6082
person who has been admitted to the bar by order of the supreme	6083
court in compliance with its prescribed and published rules, in	6084
addition to any other sanction imposed for a violation of this	6085
section, the court forthwith shall comply with section 2925.38 of	6086
the Revised Code.	6087

(F) It is an affirmative defense, as provided in section	6088
2901.05 of the Revised Code, to a charge of a fourth degree felony	6089
violation under this section that the controlled substance that	6090
gave rise to the charge is in an amount, is in a form, is	6091
prepared, compounded, or mixed with substances that are not	6092
controlled substances in a manner, or is possessed under any other	6093
circumstances, that indicate that the substance was possessed	6094
solely for personal use. Notwithstanding any contrary provision	6095
of this section, if, in accordance with section 2901.05 of the	6096
Revised Code, an accused who is charged with a fourth degree	6097
felony violation of division (C)(2), (4), (5), or (6) of this	6098
section sustains the burden of going forward with evidence of and	6099
establishes by a preponderance of the evidence the affirmative	6100
defense described in this division, the accused may be prosecuted	6101
for and may plead guilty to or be convicted of a misdemeanor	6102
violation of division (C)(2) of this section or a fifth degree	6103
felony violation of division (C)(4), (5), or (6) of this section	6104
respectively.	6105

(G) When a person is charged with possessing a bulk amount	6106
or multiple of a bulk amount, division (E) of section 2925.03 of	6107
the Revised Code applies regarding the determination of the amount	6108
of the controlled substance involved at the time of the offense.	6109

Sec. 2929.01.  As used in this chapter:

6110

(A)(1) "Alternative residential facility" means, subject to	6111
division (A)(2) of this section, any facility other than an	6112
offender's home or residence in which an offender is assigned to	6113
live and that satisfies all of the following criteria:	6114

(a) It provides programs through which the offender may seek	6115
or maintain employment or may receive education, training,	6116
treatment, or habilitation.	6117

(b) It has received the appropriate license or certificate	6118
for any specialized education, training, treatment, habilitation,	6119
or other service that it provides from the government agency that	6120
is responsible for licensing or certifying that type of education,	6121
training, treatment, habilitation, or service.	6122

(2) "Alternative residential facility" does not include a	6123
community-based correctional facility, jail, halfway house, or	6124
prison.	6125

(B) "Bad time" means the time by which the parole board	6126
administratively extends an offender's stated prison term or terms	6127
pursuant to section 2967.11 of the Revised Code because the parole	6128
board finds by clear and convincing evidence that the offender,	6129
while serving the prison term or terms, committed an act that is a	6130
criminal offense under the law of this state or the United States,	6131
whether or not the offender is prosecuted for the commission of	6132
that act.	6133

(C) "Basic probation supervision" means a requirement that	6134
the offender maintain contact with a person appointed to supervise	6135
the offender in accordance with sanctions imposed by the court or	6136
imposed by the parole board pursuant to section 2967.28 of the	6137
Revised Code. "Basic probation supervision" includes basic parole	6138
supervision and basic post-release control supervision.	6139

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	6140
"unit dose" have the same meanings as in section 2925.01 of the	6141
Revised Code.	6142

(E) "Community-based correctional facility" means a	6143
community-based correctional facility and program or district	6144
community-based correctional facility and program developed	6145
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	6146

(F) "Community control sanction" means a sanction that is	6147
not a prison term and that is described in section 2929.15,	6148
2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction	6149
that is not a jail term and that is described in section 2929.26,	6150
2929.27, or 2929.28 of the Revised Code. "Community control	6151
sanction" includes probation if the sentence involved was imposed	6152
for a felony that was committed prior to July 1, 1996, or if the	6153
sentence involved was imposed for a misdemeanor that was committed	6154
prior to July 1, 2003.	6155

(G) "Controlled substance," "marihuana," "schedule I," and	6156
"schedule II" have the same meanings as in section 3719.01 of the	6157
Revised Code.	6158

(H) "Curfew" means a requirement that an offender during a	6159
specified period of time be at a designated place.	6160

(I) "Day reporting" means a sanction pursuant to which an	6161
offender is required each day to report to and leave a center or	6162
other approved reporting location at specified times in order to	6163
participate in work, education or training, treatment, and other	6164
approved programs at the center or outside the center.	6165

(J) "Deadly weapon" has the same meaning as in section	6166
2923.11 of the Revised Code.	6167

(K) "Drug and alcohol use monitoring" means a program under	6168
which an offender agrees to submit to random chemical analysis of	6169
the offender's blood, breath, or urine to determine whether the	6170
offender has ingested any alcohol or other drugs.	6171

(L) "Drug treatment program" means any program under which a	6172
person undergoes assessment and treatment designed to reduce or	6173
completely eliminate the person's physical or emotional reliance	6174
upon alcohol, another drug, or alcohol and another drug and under	6175
which the person may be required to receive assessment and	6176
treatment on an outpatient basis or may be required to reside at a	6177
facility other than the person's home or residence while	6178
undergoing assessment and treatment.	6179

(M) "Economic loss" means any economic detriment suffered by	6180
a victim as a result of the commission of a felony and includes	6181
any loss of income due to lost time at work because of any injury	6182
caused to the victim, and any property loss, medical cost, or	6183
funeral expense incurred as a result of the commission of the	6184
felony.	6185

(N) "Education or training" includes study at, or in	6186
conjunction with a program offered by, a university, college, or	6187
technical college or vocational study and also includes the	6188
completion of primary school, secondary school, and literacy	6189
curricula or their equivalent.	6190

(O) "Electronically monitored house arrest" has the same	6191
meaning as in section 2929.23 of the Revised Code.	6192

(P) "Eligible offender" has the same meaning as in section	6193
2929.23 of the Revised Code except as otherwise specified in	6194
section 2929.20 of the Revised Code.	6195

(Q) "Firearm" has the same meaning as in section 2923.11 of	6196
the Revised Code.	6197

(R)(P) "Halfway house" means a facility licensed by the	6198
division of parole and community services of the department of	6199
rehabilitation and correction pursuant to section 2967.14 of the	6200
Revised Code as a suitable facility for the care and treatment of	6201
adult offenders.	6202

(S)(Q) "House arrest" means a period of confinement of an	6203
eligible offender that is in the eligible offender's home or in	6204
other premises specified by the sentencing court or by the parole	6205
board pursuant to section 2967.28 of the Revised Code, that may be	6206
electronically monitored house arrest, and during which all of the	6207
following apply:	6208

(1) The eligible offender is required to remain in the	6209
eligible offender's home or other specified premises for the	6210
specified period of confinement, except for periods of time during	6211
which the eligible offender is at the eligible offender's place of	6212
employment or at other premises as authorized by the sentencing	6213
court or by the parole board.	6214

(2) The eligible offender is required to report periodically	6215
to a person designated by the court or parole board.	6216

(3) The eligible offender is subject to any other	6217
restrictions and requirements that may be imposed by the	6218
sentencing court or by the parole board.	6219

(T)(R) "Intensive probation supervision" means a requirement	6220
that an offender maintain frequent contact with a person appointed	6221
by the court, or by the parole board pursuant to section 2967.28	6222
of the Revised Code, to supervise the offender while the offender	6223
is seeking or maintaining necessary employment and participating	6224
in training, education, and treatment programs as required in the	6225
court's or parole board's order. "Intensive probation	6226
supervision" includes intensive parole supervision and intensive	6227
post-release control supervision.	6228

(U)(S) "Jail" means a jail, workhouse, minimum security	6229
jail, or other residential facility used for the confinement of	6230
alleged or convicted offenders that is operated by a political	6231
subdivision or a combination of political subdivisions of this	6232
state.	6233

(T) "Jail term" means the term in a jail that a sentencing	6234
court is authorized to impose pursuant to section 2929.24 or	6235
2929.25 of the Revised Code.	6236

(U) "Mandatory jail term" means the term in a jail that a	6237
sentencing court is required to impose pursuant to division (G) of	6238
section 1547.99 of the Revised Code, division (B) of section	6239
4507.99 of the Revised Code, or division (A) of section 4511.99 of	6240
the Revised Code.	6241

(V) "Delinquent child" has the same meaning as in section	6242
2152.02 of the Revised Code.	6243

(W) "License violation report" means a report that is made	6244
by a sentencing court, or by the parole board pursuant to section	6245
2967.28 of the Revised Code, to the regulatory or licensing board	6246
or agency that issued an offender a professional license or a	6247
license or permit to do business in this state and that specifies	6248
that the offender has been convicted of or pleaded guilty to an	6249
offense that may violate the conditions under which the offender's	6250
professional license or license or permit to do business in this	6251
state was granted or an offense for which the offender's	6252
professional license or license or permit to do business in this	6253
state may be revoked or suspended.	6254

(X) "Major drug offender" means an offender who is convicted	6255
of or pleads guilty to the possession of, sale of, or offer to	6256
sell any drug, compound, mixture, preparation, or substance that	6257
consists of or contains at least one thousand grams of hashish; at	6258
least one hundred grams of crack cocaine; at least one thousand	6259
grams of cocaine that is not crack cocaine; at least two thousand	6260
five hundred unit doses or two hundred fifty grams of heroin; at	6261
least five thousand unit doses of L.S.D. or five hundred grams of	6262
L.S.D. in a liquid concentrate, liquid extract, or liquid	6263
distillate form; or at least one hundred times the amount of any	6264
other schedule I or II controlled substance other than marihuana	6265
that is necessary to commit a felony of the third degree pursuant	6266
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	6267
Code that is based on the possession of, sale of, or offer to sell	6268
the controlled substance.	6269

(Y) "Mandatory prison term" means any of the following:

6270

(1) Subject to division (Y)(2) of this section, the term in	6271
prison that must be imposed for the offenses or circumstances set	6272
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	6273
division (D) of section 2929.14 of the Revised Code. Except as	6274
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	6275
2925.11 of the Revised Code, unless the maximum or another	6276
specific term is required under section 2929.14 of the Revised	6277
Code, a mandatory prison term described in this division may be	6278
any prison term authorized for the level of offense.	6279

(2) The term of sixty or one hundred twenty days in prison	6280
that a sentencing court is required to impose for a third or	6281
fourth degree felony OMVI offense pursuant to division (G)(2) of	6282
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	6283
the Revised Code.	6284

(3) The term in prison imposed pursuant to section 2971.03	6285
of the Revised Code for the offenses and in the circumstances	6286
described in division (F)(11) of section 2929.13 of the Revised	6287
Code and that term as modified or terminated pursuant to section	6288
2971.05 of the Revised Code.	6289

(Z) "Monitored time" means a period of time during which an	6290
offender continues to be under the control of the sentencing court	6291
or parole board, subject to no conditions other than leading a	6292
law-abiding life.	6293

(AA) "Offender" means a person who, in this state, is	6294
convicted of or pleads guilty to a felony or a misdemeanor.	6295

(BB) "Prison" means a residential facility used for the	6296
confinement of convicted felony offenders that is under the	6297
control of the department of rehabilitation and correction but	6298
does not include a violation sanction center operated under	6299
authority of section 2967.141 of the Revised Code.	6300

(CC) "Prison term" includes any of the following sanctions	6301
for an offender:	6302

(1) A stated prison term;

6303

(2) A term in a prison shortened by, or with the approval	6304
of, the sentencing court pursuant to section 2929.20, 2967.26,	6305
5120.031, 5120.032, or 5120.073 of the Revised Code;	6306

(3) A term in prison extended by bad time imposed pursuant	6307
to section 2967.11 of the Revised Code or imposed for a violation	6308
of post-release control pursuant to section 2967.28 of the Revised	6309
Code.	6310

(DD) "Repeat violent offender" means a person about whom	6311
both of the following apply:	6312

(1) The person has been convicted of or has pleaded guilty	6313
to, and is being sentenced for committing, for complicity in	6314
committing, or for an attempt to commit, aggravated murder,	6315
murder, involuntary manslaughter, a felony of the first degree	6316
other than one set forth in Chapter 2925. of the Revised Code, a	6317
felony of the first degree set forth in Chapter 2925. of the	6318
Revised Code that involved an attempt to cause serious physical	6319
harm to a person or that resulted in serious physical harm to a	6320
person, or a felony of the second degree that involved an attempt	6321
to cause serious physical harm to a person or that resulted in	6322
serious physical harm to a person.	6323

(2) Either of the following applies:

6324

(a) The person previously was convicted of or pleaded guilty	6325
to, and previously served or, at the time of the offense was	6326
serving, a prison term for, any of the following:	6327

(i) Aggravated murder, murder, involuntary manslaughter,	6328
rape, felonious sexual penetration as it existed under section	6329
2907.12 of the Revised Code prior to September 3, 1996, a felony	6330
of the first or second degree that resulted in the death of a	6331
person or in physical harm to a person, or complicity in or an	6332
attempt to commit any of those offenses;	6333

(ii) An offense under an existing or former law of this	6334
state, another state, or the United States that is or was	6335
substantially equivalent to an offense listed under division	6336
(DD)(2)(a)(i) of this section and that resulted in the death of a	6337
person or in physical harm to a person.	6338

(b) The person previously was adjudicated a delinquent child	6339
for committing an act that if committed by an adult would have	6340
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	6341
section, the person was committed to the department of youth	6342
services for that delinquent act.	6343

(EE) "Sanction" means any penalty imposed upon an offender	6344
who is convicted of or pleads guilty to an offense, as punishment	6345
for the offense. "Sanction" includes any sanction imposed	6346
pursuant to any provision of sections 2929.14 to 2929.18 or	6347
2929.24 to 2929.28 of the Revised Code.	6348

(FF) "Sentence" means the sanction or combination of	6349
sanctions imposed by the sentencing court on an offender who is	6350
convicted of or pleads guilty to a felonyan offense.	6351

(GG) "Stated prison term" means the prison term, mandatory	6352
prison term, or combination of all prison terms and mandatory	6353
prison terms imposed by the sentencing court pursuant to section	6354
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	6355
includes any credit received by the offender for time spent in	6356
jail awaiting trial, sentencing, or transfer to prison for the	6357
offense and any time spent under house arrest or electronically	6358
monitored house arrest imposed after earning credits pursuant to	6359
section 2967.193 of the Revised Code.	6360

(HH) "Victim-offender mediation" means a reconciliation or	6361
mediation program that involves an offender and the victim of the	6362
offense committed by the offender and that includes a meeting in	6363
which the offender and the victim may discuss the offense, discuss	6364
restitution, and consider other sanctions for the offense.	6365

(II) "Fourth degree felony OMVI offense" means a violation	6366
of division (A) of section 4511.19 of the Revised Code that, under	6367
section 4511.99 of the Revised Code, is a felony of the fourth	6368
degree.	6369

(JJ) "Mandatory term of local incarceration" means the term	6370
of sixty or one hundred twenty days in a jail, a community-based	6371
correctional facility, a halfway house, or an alternative	6372
residential facility that a sentencing court may impose upon a	6373
person who is convicted of or pleads guilty to a fourth degree	6374
felony OMVI offense pursuant to division (G)(1) of section 2929.13	6375
of the Revised Code and division (A)(4) or (8) of section 4511.99	6376
of the Revised Code.	6377

(KK) "Designated homicide, assault, or kidnapping offense,"	6378
"sexual motivation specification," "sexually violent offense,"	6379
"sexually violent predator," and "sexually violent predator	6380
specification" have the same meanings as in section 2971.01 of the	6381
Revised Code.	6382

(LL) "Habitual sex offender," "sexually oriented offense,"	6383
and "sexual predator" have the same meanings as in section 2950.01	6384
of the Revised Code.	6385

(MM) An offense is "committed in the vicinity of a child" if	6386
the offender commits the offense within thirty feet of or within	6387
the same residential unit as a child who is under eighteen years	6388
of age, regardless of whether the offender knows the age of the	6389
child or whether the offender knows the offense is being committed	6390
within thirty feet of or within the same residential unit as the	6391
child and regardless of whether the child actually views the	6392
commission of the offense.	6393

(NN) "Family or household member" has the same meaning as in	6394
section 2919.25 of the Revised Code.	6395

(OO) "Motor vehicle" and "manufactured home" have the same	6396
meanings as in section 4501.01 of the Revised Code.	6397

(PP) "Detention" and "detention facility" have the same	6398
meanings as in section 2921.01 of the Revised Code.	6399

(QQ) "Third degree felony OMVI offense" means a violation of	6400
division (A) of section 4511.19 of the Revised Code that, under	6401
section 4511.99 of the Revised Code, is a felony of the third	6402
degree.	6403

(RR) "Random drug testing" has the same meaning as in	6404
section 5120.63 of the Revised Code.	6405

(SS) "Felony sex offense" has the same meaning as in section	6406
2957.282967.28 of the Revised Code.	6407

(TT) "Body armor" has the same meaning as in section	6408
2941.1411 of the Revised Code.	6409

(UU) "Electronic monitoring" means monitoring through the	6410
use of an electronic monitoring device.	6411

(VV) "Electronic monitoring device" means any of the	6412
following:	6413

(1) Any device that can be operated by electrical or battery	6414
power and that conforms with all of the following:	6415

(a) The device has a transmitter that can be attached to a	6416
person, that will transmit a specified signal to a receiver of the	6417
type described in division (VV)(1)(b) of this section if the	6418
transmitter is removed from the person, turned off, or altered in	6419
any manner without prior court approval in relation to electronic	6420
monitoring or without prior approval of the department of	6421
rehabilitation and correction in relation to the use of an	6422
electronic monitoring device for an inmate on transitional control	6423
or otherwise is tampered with, that can transmit continuously and	6424
periodically a signal to that receiver when the person is within a	6425
specified distance from the receiver, and that can transmit an	6426
appropriate signal to that receiver if the person to whom it is	6427
attached travels a specified distance from that receiver.	6428

(b) The device has a receiver that can receive continuously	6429
the signals transmitted by a transmitter of the type described in	6430
division (VV)(1)(a) of this section, can transmit continuously	6431
those signals by telephone to a central monitoring computer of the	6432
type described in division (VV)(1)(c) of this section, and can	6433
transmit continuously an appropriate signal to that central	6434
monitoring computer if the receiver is turned off or altered	6435
without prior court approval or otherwise tampered with.	6436

(c) The device has a central monitoring computer that can	6437
receive continuously the signals transmitted by telephone by a	6438
receiver of the type described in division (VV)(1)(b) of this	6439
section and can monitor continuously the person to whom an	6440
electronic monitoring device of the type described in division	6441
(VV)(1)(a) of this section is attached.	6442

(2) Any device that is not a device of the type described in	6443
division (VV)(1) of this section and that conforms with all of the	6444
following:	6445

(a) The device includes a transmitter and receiver that can	6446
monitor and determine the location of a subject person at any	6447
time, or at a designated point in time, through the use of a	6448
central monitoring computer or through other electronic means.	6449

(b) The device includes a transmitter and receiver that can	6450
determine at any time, or at a designated point in time, through	6451
the use of a central monitoring computer or other electronic means	6452
the fact that the transmitter is turned off or altered in any	6453
manner without prior approval of the court in relation to the	6454
electronic monitoring or without prior approval of the department	6455
of rehabilitation and correction in relation to the use of an	6456
electronic monitoring device for an inmate on transitional control	6457
or otherwise is tampered with.	6458

(3) Any type of technology that can adequately track or	6459
determine the location of a subject person at any time and that is	6460
approved by the director of rehabilitation and correction,	6461
including, but not limited to, any satellite technology, voice	6462
tracking system, or retinal scanning system that is so approved.	6463

Sec. 2929.17.  The court imposing a sentence for a felony	6464
upon an offender who is not required to serve a mandatory prison	6465
term may impose any nonresidential sanction or combination of	6466
nonresidential sanctions authorized under this section. If the	6467
court imposes one or more nonresidential sanctions authorized	6468
under this section, the court shall impose as a condition of the	6469
sanction that, during the period of the nonresidential sanction,	6470
the offender shall abide by the law and shall not leave the state	6471
without the permission of the court or the offender's probation	6472
officer.	6473

The court imposing a sentence for a fourth degree felony OMVI	6474
offense under division (G)(1) of section 2929.13 of the Revised	6475
Code may impose upon the offender, in addition to the mandatory	6476
term of local incarceration imposed under that division, a	6477
nonresidential sanction or combination of nonresidential sanctions	6478
under this section, and the offender shall serve or satisfy the	6479
sanction or combination of sanctions after the offender has served	6480
the mandatory term of local incarceration required for the	6481
offense. Nonresidential sanctions include, but are not limited	6482
to, the following:	6483

(A) A term of day reporting;

6484

(B) A term of electronically monitored house arrest with	6485
electronic monitoring, a term of electronic monitoring without	6486
house arrest, or a term of house arrest without electronic	6487
monitoring;	6488

(C) A term of community service of up to five hundred hours	6489
pursuant to division (F)(B) of section 2951.02 of the Revised Code	6490
or, if the court determines that the offender is financially	6491
incapable of fulfilling a financial sanction described in section	6492
2929.18 of the Revised Code, a term of community service as an	6493
alternative to a financial sanction;	6494

(D) A term in a drug treatment program with a level of	6495
security for the offender as determined necessary by the court;	6496

(E) A term of intensive probation supervision;

6497

(F) A term of basic probation supervision;

6498

(G) A term of monitored time;

6499

(H) A term of drug and alcohol use monitoring, including	6500
random drug testing pursuant to section 2951.05 of the Revised	6501
Code;	6502

(I) A curfew term;

6503

(J) A requirement that the offender obtain employment;

6504

(K) A requirement that the offender obtain education or	6505
training;	6506

(L) Provided the court obtains the prior approval of the	6507
victim, a requirement that the offender participate in	6508
victim-offender mediation;	6509

(M) A license violation report;

6510

(N) If the offense is a violation of section 2919.25 or a	6511
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	6512
Code involving a person who was a family or household member at	6513
the time of the violation, if the offender committed the offense	6514
in the vicinity of one or more children who are not victims of the	6515
offense, and if the offender or the victim of the offense is a	6516
parent, guardian, custodian, or person in loco parentis of one or	6517
more of those children, a requirement that the offender obtain	6518
counseling. This division does not limit the court in requiring	6519
the offender to obtain counseling for any offense or in any	6520
circumstance not specified in this division.	6521

Sec. 2929.18.  (A) Except as otherwise provided in this	6522
division and in addition to imposing court costs pursuant to	6523
section 2947.23 of the Revised Code, the court imposing a sentence	6524
upon an offender for a felony may sentence the offender to any	6525
financial sanction or combination of financial sanctions	6526
authorized under this section or, in the circumstances specified	6527
in section 2929.252929.32 of the Revised Code, may impose upon	6528
the offender a fine in accordance with that section. If the	6529
offender is sentenced to a sanction of confinement pursuant to	6530
section 2929.14 or 2929.16 of the Revised Code that is to be	6531
served in a facility operated by a board of county commissioners,	6532
a legislative authority of a municipal corporation, or another	6533
governmental entity, the court imposing sentence upon an offender	6534
for a felony shall comply with division (A)(4)(b) of this section	6535
in determining whether to sentence the offender to a financial	6536
sanction described in division (A)(4)(a) of this section.	6537
Financial sanctions that may be imposed pursuant to this section	6538
include, but are not limited to, the following:	6539

(1) Restitution by the offender to the victim of the	6540
offender's crime or any survivor of the victim, in an amount based	6541
on the victim's economic loss. The court shall order that the	6542
restitution be made to the victim in open court, to the adult	6543
probation department that serves the county on behalf of the	6544
victim, to the clerk of courts, or to another agency designated by	6545
the court, except that it. The order may include a requirement	6546
that reimbursement be made to third parties for amounts paid to or	6547
on behalf of the victim or any survivor of the victim for economic	6548
loss resulting from the offense. If reimbursement to third	6549
parties is required, the reimbursement shall be made to any	6550
governmental agency to repay any amounts paid by the agency to or	6551
on behalf of the victim or any survivor of the victim for economic	6552
loss resulting from the offense before any reimbursement is made	6553
to any person other than a governmental agency. If no	6554
governmental agency incurred expenses for economic loss of the	6555
victim or any survivor of the victim resulting from the offense,	6556
the reimbursement shall be made to any person other than a	6557
governmental agency to repay amounts paid by that person to or on	6558
behalf of the victim or any survivor of the victim for economic	6559
loss of the victim resulting from the offense. The court shall	6560
not require an offender to repay an insurance company for any	6561
amounts the company paid on behalf of the offender pursuant to a	6562
policy of insurance. At sentencing, the court shall determine the	6563
amount of restitution to be made by the offender. The court may	6564
base the amount of restitution it orders on an amount recommended	6565
by the victim, the offender, a presentence investigation report,	6566
estimates or receipts indicating the cost of repairing or	6567
replacing property, and other information. The court shall hold a	6568
hearing on restitution if the offender, victim, or survivor	6569
disputes the amount. All restitution payments shall be credited	6570
against any recovery of economic loss in a civil action brought by	6571
the victim or any survivor of the victim against the offender.	6572

The court may order that the offender pay a surcharge of not	6573
more than five per cent of the amount of the restitution otherwise	6574
ordered to the entity responsible for collecting and processing	6575
restitution payments.	6576

The victim or survivor may request that the prosecuting	6577
attorney file a motion, or the offender may file a motion, for	6578
modification of the payment terms of any restitution ordered based	6579
on a substantial change in the offender's ability to pay.	6580

(2) Except as provided in division (B)(1), (3), or (4) of	6581
this section, a fine payable by the offender to the state, to a	6582
political subdivision, or as described in division (B)(2) of this	6583
section to one or more law enforcement agencies, with the amount	6584
of the fine based on a standard percentage of the offender's daily	6585
income over a period of time determined by the court and based	6586
upon the seriousness of the offense. A fine ordered under this	6587
division shall not exceed the statutorymaximum conventional fine	6588
amount authorized for the level of the offense under division	6589
(A)(3) of this section.	6590

(3) Except as provided in division (B)(1), (3), or (4) of	6591
this section, a fine payable by the offender to the state, to a	6592
political subdivision when appropriate for a felony, or as	6593
described in division (B)(2) of this section to one or more law	6594
enforcement agencies, in the following amount:	6595

(a) For a felony of the first degree, not more than twenty	6596
thousand dollars;	6597

(b) For a felony of the second degree, not more than fifteen	6598
thousand dollars;	6599

(c) For a felony of the third degree, not more than ten	6600
thousand dollars;	6601

(d) For a felony of the fourth degree, not more than five	6602
thousand dollars;	6603

(e) For a felony of the fifth degree, not more than two	6604
thousand five hundred dollars.	6605

(4) A state fine or cost as defined in section 2949.111 of	6606
the Revised Code;	6607

(5)(a) Subject to division (A)(4)(b) of this section,	6608
reimbursementReimbursement by the offender of any or all of the	6609
costs of sanctions incurred by the government, including the	6610
following:	6611

(i) All or part of the costs of implementing any community	6612
control sanction, including a supervision fee under section	6613
2951.021 of the Revised Code;	6614

(ii) All or part of the costs of confinement under a	6615
sanction imposed pursuant to section 2929.14 or 2929.16 of the	6616
Revised Code, provided that the amount of reimbursement ordered	6617
under this division shall not exceed the total amount of	6618
reimbursement the offender is able to pay as determined at a	6619
hearing and shall not exceed the actual cost of the confinement;.	6620

(b) If the offender is sentenced to a sanction of	6621
confinement pursuant to section 2929.14 or 2929.16 of the Revised	6622
Code that is to be served in a facility operated by a board of	6623
county commissioners, a legislative authority of a municipal	6624
corporation, or another local governmental entity, one of the	6625
following applies:	6626

(i) Ifif, pursuant to section 307.93, 341.14, 341.19,	6627
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised	6628
Code, the board, legislative authority, or other local	6629
governmental entity requires prisoners convicted of an offense	6630
other than a minor misdemeanor to reimburse the county, municipal	6631
corporation, or other entity for its expenses incurred by reason	6632
of the prisoner's confinement, and if the court shalldoes not	6633
impose a financial sanction under division (A)(4)(5)(a)(ii) of	6634
this section that requires the offender to reimburse the county,	6635
municipal corporation, or other local governmental entity for the	6636
cost of the, confinement costs may be assessed pursuant to any	6637
other section of the Revised Code that authorizes an assessment	6638
for confinement costs. In addition, the court may impose any other	6639
financial sanction under this section.	6640

(ii) If, pursuant to any section identified in division	6641
(A)(4)(b)(i) of this section, the board, legislative authority, or	6642
other local governmental entity has adopted a resolution or	6643
ordinance specifying that prisoners convicted of felonies are not	6644
required to reimburse the county, municipal corporation, or other	6645
local governmental entity for its expenses incurred by reason of	6646
the prisoner's confinement, the court shall not impose a financial	6647
sanction under division (A)(4)(a) of this section that requires	6648
the offender to reimburse the county, municipal corporation, or	6649
other local governmental entity for the cost of the confinement,	6650
but the court may impose any other financial sanction under this	6651
section.	6652

(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of	6653
this section applies, the court may impose, but is not required to	6654
impose, any financial sanction under this section.	6655

(c) Reimbursement by the offender for costs pursuant to	6656
section 2929.282929.71 of the Revised Code.	6657

(B)(1) For a first, second, or third degree felony violation	6658
of any provision of Chapter 2925., 3719., or 4729. of the Revised	6659
Code, the sentencing court shall impose upon the offender a	6660
mandatory fine of at least one-half of, but not more than, the	6661
maximum statutory fine amount authorized for the level of the	6662
offense pursuant to division (A)(3) of this section. If an	6663
offender alleges in an affidavit filed with the court prior to	6664
sentencing that the offender is indigent and unable to pay the	6665
mandatory fine and if the court determines the offender is an	6666
indigent person and is unable to pay the mandatory fine described	6667
in this division, the court shall not impose the mandatory fine	6668
upon the offender.	6669

(2) Any mandatory fine imposed upon an offender under	6670
division (B)(1) of this section and any fine imposed upon an	6671
offender under division (A)(2) or (3) of this section for any	6672
fourth or fifth degree felony violation of any provision of	6673
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	6674
to law enforcement agencies pursuant to division (F) of section	6675
2925.03 of the Revised Code.	6676

(3) For a fourth degree felony OMVI offense and for a third	6677
degree felony OMVI offense, the sentencing court shall impose upon	6678
the offender a mandatory fine in the amount specified in division	6679
(A)(4) or (8) of section 4511.99 of the Revised Code. The	6680
mandatory fine so imposed shall be disbursed as provided in	6681
division (A)(4) or (8) of section 4511.99 of the Revised Code.	6682

(4) Notwithstanding any fine otherwise authorized or	6683
required to be imposed under division (A)(2) or (3) or (B)(1) of	6684
this section or section 2929.31 of the Revised Code for a	6685
violation of section 2925.03 of the Revised Code, in addition to	6686
any penalty or sanction imposed for that offense under section	6687
2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in	6688
addition to the forfeiture of property in connection with the	6689
offense as prescribed in sections 2925.42 to 2925.45 of the	6690
Revised Code, the court that sentences an offender for a violation	6691
of section 2925.03 of the Revised Code may impose upon the	6692
offender a fine in addition to any fine imposed under division	6693
(A)(2) or (3) of this section and in addition to any mandatory	6694
fine imposed under division (B)(1) of this section. The fine	6695
imposed under division (B)(4) of this section shall be used as	6696
provided in division (H) of section 2925.03 of the Revised Code. A	6697
fine imposed under division (B)(4) of this section shall not	6698
exceed whichever of the following is applicable:	6699

(a) The total value of any personal or real property in	6700
which the offender has an interest and that was used in the course	6701
of, intended for use in the course of, derived from, or realized	6702
through conduct in violation of section 2925.03 of the Revised	6703
Code, including any property that constitutes proceeds derived	6704
from that offense;	6705

(b) If the offender has no interest in any property of the	6706
type described in division (B)(4)(a) of this section or if it is	6707
not possible to ascertain whether the offender has an interest in	6708
any property of that type in which the offender may have an	6709
interest, the amount of the mandatory fine for the offense imposed	6710
under division (B)(1) of this section or, if no mandatory fine is	6711
imposed under division (B)(1) of this section, the amount of the	6712
fine authorized for the level of the offense imposed under	6713
division (A)(3) of this section.	6714

(5) Prior to imposing a fine under division (B)(4) of this	6715
section, the court shall determine whether the offender has an	6716
interest in any property of the type described in division	6717
(B)(4)(a) of this section. Except as provided in division (B)(6)	6718
or (7) of this section, a fine that is authorized and imposed	6719
under division (B)(4) of this section does not limit or affect the	6720
imposition of the penalties and sanctions for a violation of	6721
section 2925.03 of the Revised Code prescribed under those	6722
sections or sections 2929.11 to 2929.18 of the Revised Code and	6723
does not limit or affect a forfeiture of property in connection	6724
with the offense as prescribed in sections 292t.42 2925.42 to	6725
2925.45 of the Revised Code.	6726

(6) If the sum total of a mandatory fine amount imposed for	6727
a first, second, or third degree felony violation of section	6728
2925.03 of the Revised Code under division (B)(1) of this section	6729
plus the amount of any fine imposed under division (B)(4) of this	6730
section does not exceed the maximum statutory fine amount	6731
authorized for the level of the offense under division (A)(3) of	6732
this section or section 2929.31 of the Revised Code, the court may	6733
impose a fine for the offense in addition to the mandatory fine	6734
and the fine imposed under division (B)(4) of this section. The	6735
sum total of the amounts of the mandatory fine, the fine imposed	6736
under division (B)(4) of this section, and the additional fine	6737
imposed under division (B)(6) of this section shall not exceed the	6738
maximum statutory fine amount authorized for the level of the	6739
offense under division (A)(3) of this section or section 2929.31	6740
of the Revised Code. The clerk of the court shall pay any fine	6741
that is imposed under division (B)(6) of this section to the	6742
county, township, municipal corporation, park district as created	6743
pursuant to section 511.18 or 1545.04 of the Revised Code, or	6744
state law enforcement agencies in this state that primarily were	6745
responsible for or involved in making the arrest of, and in	6746
prosecuting, the offender pursuant to division (F) of section	6747
2925.03 of the Revised Code.	6748

(7) If the sum total of the amount of a mandatory fine	6749
imposed for a first, second, or third degree felony violation of	6750
section 2925.03 of the Revised Code plus the amount of any fine	6751
imposed under division (B)(4) of this section exceeds the maximum	6752
statutory fine amount authorized for the level of the offense	6753
under division (A)(3) of this section or section 2929.31 of the	6754
Revised Code, the court shall not impose a fine under division	6755
(B)(6) of this section.	6756

(C)(1) The offender shall pay reimbursements imposed upon	6757
the offender pursuant to division (A)(4)(5)(a) of this section to	6758
pay the costs incurred by the department of rehabilitation and	6759
correction in operating a prison or other facility used to confine	6760
offenders pursuant to sanctions imposed under section 2929.14 or	6761
2929.16 of the Revised Code to the treasurer of state. The	6762
treasurer of state shall deposit the reimbursements in the	6763
confinement cost reimbursement fund that is hereby created in the	6764
state treasury. The department of rehabilitation and correction	6765
shall use the amounts deposited in the fund to fund the operation	6766
of facilities used to confine offenders pursuant to sections	6767
2929.14 and 2929.16 of the Revised Code.	6768

(2) Except as provided in section 2951.021 of the Revised	6769
Code, the offender shall pay reimbursements imposed upon the	6770
offender pursuant to division (A)(4)(5)(a) of this section to pay	6771
the costs incurred by a county pursuant to any sanction imposed	6772
under this section or section 2929.16 or 2929.17 of the Revised	6773
Code or in operating a facility used to confine offenders pursuant	6774
to a sanction imposed under section 2929.16 of the Revised Code to	6775
the county treasurer. The county treasurer shall deposit the	6776
reimbursements in the sanction cost reimbursement fund that each	6777
board of county commissioners shall create in its county treasury.	6778
The county shall use the amounts deposited in the fund to pay the	6779
costs incurred by the county pursuant to any sanction imposed	6780
under this section or section 2929.16 or 2929.17 of the Revised	6781
Code or in operating a facility used to confine offenders pursuant	6782
to a sanction imposed under section 2929.16 of the Revised Code.	6783

(3) Except as provided in section 2951.021 of the Revised	6784
Code, the offender shall pay reimbursements imposed upon the	6785
offender pursuant to division (A)(4)(5)(a) of this section to pay	6786
the costs incurred by a municipal corporation pursuant to any	6787
sanction imposed under this section or section 2929.16 or 2929.17	6788
of the Revised Code or in operating a facility used to confine	6789
offenders pursuant to a sanction imposed under section 2929.16 of	6790
the Revised Code to the treasurer of the municipal corporation.	6791
The treasurer shall deposit the reimbursements in a special fund	6792
that shall be established in the treasury of each municipal	6793
corporation. The municipal corporation shall use the amounts	6794
deposited in the fund to pay the costs incurred by the municipal	6795
corporation pursuant to any sanction imposed under this section or	6796
section 2929.16 or 2929.17 of the Revised Code or in operating a	6797
facility used to confine offenders pursuant to a sanction imposed	6798
under section 2929.16 of the Revised Code.	6799

(4) Except as provided in section 2951.021 of the Revised	6800
Code, the offender shall pay reimbursements imposed pursuant to	6801
division (A)(4)(5)(a) of this section for the costs incurred by a	6802
private provider pursuant to a sanction imposed under this section	6803
or section 2929.16 or 2929.17 of the Revised Code to the provider.	6804

(D) AExcept as otherwise provided in this division, a	6805
financial sanction imposed pursuant to division (A) or (B) of this	6806
section is a judgment in favor of the state or a political	6807
subdivision in which the court that imposed the financial sanction	6808
is located, except that a. A financial sanction of reimbursement	6809
imposed pursuant to division (A)(4)(5)(a)(ii) of this section upon	6810
an offender who is incarcerated in a state facility or a municipal	6811
jail is a judgment in favor of the state or the municipal	6812
corporation, a. A financial sanction of reimbursement imposed upon	6813
an offender pursuant to this section for costs incurred by a	6814
private provider of sanctions is a judgment in favor of the	6815
private provider, and a. A financial sanction of restitution	6816
imposed pursuant to this section is a judgment in favor of the	6817
victim of the offender's criminal act. The offender subject to	6818
the sanction is the judgment debtor. Imposition of a financial	6819
sanction and execution on the judgment does not preclude any other	6820
power of the court to impose or enforce sanctions on the offender.	6821
Once the financial sanction is imposed as a judgment, the victim,	6822
private provider, state, or political subdivision may bring an	6823
action to do any of the following:	6824

(1) Obtain execution of the judgment through any available	6825
procedure, including:	6826

(a) An execution against the property of the judgment debtor	6827
under Chapter 2329. of the Revised Code;	6828

(b) An execution against the person of the judgment debtor	6829
under Chapter 2331. of the Revised Code;	6830

(c) A proceeding in aid of execution under Chapter 2333. of	6831
the Revised Code, including:	6832

(i) A proceeding for the examination of the judgment debtor	6833
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	6834
of the Revised Code;	6835

(ii) A proceeding for attachment of the person of the	6836
judgment debtor under section 2333.28 of the Revised Code;	6837

(iii) A creditor's suit under section 2333.01 of the Revised	6838
Code.	6839

(d) The attachment of the property of the judgment debtor	6840
under Chapter 2715. of the Revised Code;	6841

(e) The garnishment of the property of the judgment debtor	6842
under Chapter 2716. of the Revised Code.	6843

(2) Obtain an order for the assignment of wages of the	6844
judgment debtor under section 1321.33 of the Revised Code.	6845

(E) A court that imposes a financial sanction upon an	6846
offender may hold a hearing if necessary to determine whether the	6847
offender is able to pay the sanction or is likely in the future to	6848
be able to pay it.	6849

(F) Each court imposing a financial sanction upon an	6850
offender under this section or under section 2929.252929.32 of	6851
the Revised Code may designate athe clerk of the court employee	6852
or another person to collect, orthe financial sanction. The clerk	6853
or other person authorized by law or the court to collect the	6854
financial sanction may enter into contracts with one or more	6855
public agencies or private vendors for the collection of, amounts	6856
due under the financial sanction imposed pursuant to this section	6857
or section 2929.252929.32 of the Revised Code. Before entering	6858
into a contract for the collection of amounts due from an offender	6859
pursuant to any financial sanction imposed pursuant to this	6860
section or section 2929.252929.32 of the Revised Code, a court	6861
shall comply with sections 307.86 to 307.92 of the Revised Code.	6862

(G) If a court that imposes a financial sanction under	6863
division (A) or (B) of this section finds that an offender	6864
satisfactorily has completed all other sanctions imposed upon the	6865
offender and that all restitution that has been ordered has been	6866
paid as ordered, the court may suspend any financial sanctions	6867
imposed pursuant to this section or section 2929.252929.32 of the	6868
Revised Code that have not been paid.	6869

(H) No financial sanction imposed under this section or	6870
section 2929.252929.32 of the Revised Code shall preclude a	6871
victim from bringing a civil action against the offender.	6872

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	6873
hearing before imposing a sentence under this chapter upon an	6874
offender who was convicted of or pleaded guilty to a felony and	6875
before resentencing an offender who was convicted of or pleaded	6876
guilty to a felony and whose case was remanded pursuant to section	6877
2953.07 or 2953.08 of the Revised Code. At the hearing, the	6878
offender, the prosecuting attorney, the victim or the victim's	6879
representative in accordance with section 2930.14 of the Revised	6880
Code, and, with the approval of the court, any other person may	6881
present information relevant to the imposition of sentence in the	6882
case. The court shall inform the offender of the verdict of the	6883
jury or finding of the court and ask the offender whether the	6884
offender has anything to say as to why sentence should not be	6885
imposed upon the offender.	6886

(2) Except as otherwise provided in this division, before	6887
imposing sentence on an offender who is being sentenced for a	6888
sexually oriented offense that was committed on or after January	6889
1, 1997, and that is not a sexually violent offense, and before	6890
imposing sentence on an offender who is being sentenced for a	6891
sexually violent offense committed on or after January 1, 1997,	6892
and who was not charged with a sexually violent predator	6893
specification in the indictment, count in the indictment, or	6894
information charging the sexually violent offense, the court shall	6895
conduct a hearing in accordance with division (B) of section	6896
2950.09 of the Revised Code to determine whether the offender is a	6897
sexual predator. The court shall not conduct a hearing under that	6898
division if the offender is being sentenced for a sexually violent	6899
offense and a sexually violent predator specification was included	6900
in the indictment, count in the indictment, or information	6901
charging the sexually violent offense. Before imposing sentence	6902
on an offender who is being sentenced for a sexually oriented	6903
offense, the court also shall comply with division (E) of section	6904
2950.09 of the Revised Code.	6905

(B)(1) At the sentencing hearing, the court, before imposing	6906
sentence, shall consider the record, any information presented at	6907
the hearing by any person pursuant to division (A) of this	6908
section, and, if one was prepared, the presentence investigation	6909
report made pursuant to section 2951.03 of the Revised Code or	6910
Criminal Rule 32.2, and any victim impact statement made pursuant	6911
to section 2947.051 of the Revised Code.	6912

(2) The court shall impose a sentence and shall make a	6913
finding that gives its reasons for selecting the sentence imposed	6914
in any of the following circumstances:	6915

(a) Unless the offense is a sexually violent offense for	6916
which the court is required to impose sentence pursuant to	6917
division (G) of section 2929.14 of the Revised Code, if it imposes	6918
a prison term for a felony of the fourth or fifth degree or for a	6919
felony drug offense that is a violation of a provision of Chapter	6920
2925. of the Revised Code and that is specified as being subject	6921
to division (B) of section 2929.13 of the Revised Code for	6922
purposes of sentencing, its reasons for imposing the prison term,	6923
based upon the overriding purposes and principles of felony	6924
sentencing set forth in section 2929.11 of the Revised Code, and	6925
any factors listed in divisions (B)(1)(a) to (i) of section	6926
2929.13 of the Revised Code that it found to apply relative to the	6927
offender.	6928

(b) If it does not impose a prison term for a felony of the	6929
first or second degree or for a felony drug offense that is a	6930
violation of a provision of Chapter 2925. of the Revised Code and	6931
for which a presumption in favor of a prison term is specified as	6932
being applicable, its reasons for not imposing the prison term and	6933
for overriding the presumption, based upon the overriding purposes	6934
and principles of felony sentencing set forth in section 2929.11	6935
of the Revised Code, and the basis of the findings it made under	6936
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	6937

(c) If it imposes consecutive sentences under section	6938
2929.14 of the Revised Code, its reasons for imposing the	6939
consecutive sentences;	6940

(d) If the sentence is for one offense and it imposes a	6941
prison term for the offense that is the maximum prison term	6942
allowed for that offense by division (A) of section 2929.14 of the	6943
Revised Code, its reasons for imposing the maximum prison term;	6944

(e) If the sentence is for two or more offenses arising out	6945
of a single incident and it imposes a prison term for those	6946
offenses that is the maximum prison term allowed for the offense	6947
of the highest degree by division (A) of section 2929.14 of the	6948
Revised Code, its reasons for imposing the maximum prison term.	6949

(3) Subject to division (B)(4) of this section, if the	6950
sentencing court determines at the sentencing hearing that a	6951
prison term is necessary or required, the court shall do all of	6952
the following:	6953

(a) Impose a stated prison term;

6954

(b) Notify the offender that, as part of the sentence, the	6955
parole board may extend the stated prison term for certain	6956
violations of prison rules for up to one-half of the stated prison	6957
term;	6958

(c) Notify the offender that the offender will be supervised	6959
under section 2967.28 of the Revised Code after the offender	6960
leaves prison if the offender is being sentenced for a felony of	6961
the first degree or second degree, for a felony sex offense, or	6962
for a felony of the third degree in the commission of which the	6963
offender caused or threatened to cause physical harm to a person;	6964

(d) Notify the offender that the offender may be supervised	6965
under section 2967.28 of the Revised Code after the offender	6966
leaves prison if the offender is being sentenced for a felony of	6967
the third, fourth, or fifth degree that is not subject to division	6968
(B)(3)(c) of this section;	6969

(e) Notify the offender that, if a period of supervision is	6970
imposed following the offender's release from prison, as described	6971
in division (B)(3)(c) or (d) of this section, and if the offender	6972
violates that supervision or a condition of post-release control	6973
imposed under division (B) of section 2967.131 of the Revised	6974
Code, the parole board may impose a prison term, as part of the	6975
sentence, of up to one-half of the stated prison term originally	6976
imposed upon the offender;	6977

(f) Require that the offender not ingest or be injected with	6978
a drug of abuse and submit to random drug testing as provided in	6979
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	6980
is applicable to the offender who is serving a prison term, and	6981
require that the results of the drug test administered under any	6982
of those sections indicate that the offender did not ingest or was	6983
not injected with a drug of abuse.	6984

(4) If the offender is being sentenced for a sexually	6985
violent offense that the offender committed on or after January 1,	6986
1997, and the offender also is convicted of or pleads guilty to a	6987
sexually violent predator specification that was included in the	6988
indictment, count in the indictment, or information charging the	6989
sexually violent offense or if the offender is being sentenced for	6990
a sexually oriented offense that the offender committed on or	6991
after January 1, 1997, and the court imposing the sentence has	6992
determined pursuant to division (B) of section 2950.09 of the	6993
Revised Code that the offender is a sexual predator, the court	6994
shall include in the offender's sentence a statement that the	6995
offender has been adjudicated as being a sexual predator and shall	6996
comply with the requirements of section 2950.03 of the Revised	6997
Code. Additionally, in the circumstances described in division	6998
(G) of section 2929.14 of the Revised Code, the court shall impose	6999
sentence on the offender as described in that division.	7000

(5) If the sentencing court determines at the sentencing	7001
hearing that a community control sanction should be imposed and	7002
the court is not prohibited from imposing a community control	7003
sanction, the court shall impose a community control sanction. The	7004
court shall notify the offender that, if the conditions of the	7005
sanction are violated, if the offender commits a violation of any	7006
law, or if the offender leaves this state without the permission	7007
of the court or the offender's probation officer, the court may	7008
impose a longer time under the same sanction, may impose a more	7009
restrictive sanction, or may impose a prison term on the offender	7010
and shall indicate the specific prison term that may be imposed as	7011
a sanction for the violation, as selected by the court from the	7012
range of prison terms for the offense pursuant to section 2929.14	7013
of the Revised Code.	7014

(6) Before imposing a financial sanction under section	7015
2929.18 of the Revised Code or a fine under section 2929.25	7016
2929.32 of the Revised Code, the court shall consider the	7017
offender's present and future ability to pay the amount of the	7018
sanction or fine.	7019

(C)(1) If the offender is being sentenced for a fourth	7020
degree felony OMVI offense under division (G)(1) of section	7021
2929.13 of the Revised Code, the court shall impose the mandatory	7022
term of local incarceration in accordance with that division,	7023
shall impose a mandatory fine in accordance with division (B)(3)	7024
of section 2929.18 of the Revised Code, and, in addition, may	7025
impose additional sanctions as specified in sections 2929.15,	7026
2929.16, 2929.17, and 2929.18 of the Revised Code. The court	7027
shall not impose a prison term on the offender.	7028

(2) If the offender is being sentenced for a third or fourth	7029
degree felony OMVI offense under division (G)(2) of section	7030
2929.13 of the Revised Code, the court shall impose the mandatory	7031
prison term in accordance with that division, shall impose a	7032
mandatory fine in accordance with division (B)(3) of section	7033
2929.18 of the Revised Code, and, in addition, may impose an	7034
additional prison term as specified in section 2929.14 of the	7035
Revised Code. The court shall not impose any community control	7036
sanction on the offender.	7037

(D) The sentencing court, pursuant to division (K) of	7038
section 2929.14 of the Revised Code, may recommend placement of	7039
the offender in a program of shock incarceration under section	7040
5120.031 of the Revised Code or an intensive program prison under	7041
section 5120.032 of the Revised Code, disapprove placement of the	7042
offender in a program or prison of that nature, or make no	7043
recommendation. If the court recommends or disapproves placement,	7044
it shall make a finding that gives its reasons for its	7045
recommendation or disapproval.	7046

Sec. 2929.21.  (A) A court that sentences an offender for a	7047
misdemeanor or minor misdemeanor shall be guided by the overriding	7048
purposes of misdemeanor sentencing. The overriding purposes of	7049
misdemeanor sentencing are to protect the public from future crime	7050
by the offender and others and to punish the offender. To achieve	7051
those purposes, the sentencing court shall consider the impact of	7052
the offense upon the victim and the need for changing the	7053
offender's behavior, rehabilitating the offender, and making	7054
restitution to the victim of the offense, the public, or the	7055
victim and the public.	7056

(B) A sentence imposed for a misdemeanor or minor misdemeanor	7057
shall be reasonably calculated to achieve the two overriding	7058
purposes of misdemeanor sentencing set forth in division (A) of	7059
this section, commensurate with and not demeaning to the	7060
seriousness of the offender's conduct and its impact upon the	7061
victim, and consistent with sentences imposed for similar offenses	7062
committed by similar offenders.	7063

(C) A court that imposes a sentence upon an offender for a	7064
misdemeanor or minor misdemeanor shall not base the sentence upon	7065
the race, ethnic background, gender, or religion of the offender.	7066

Sec. 2929.22.  (A) Unless a mandatory jail term is required	7067
to be imposed by division (G) of section 1547.99, division (B) of	7068
section 4507.99, or division (A) of section 4511.99 of the Revised	7069
Code, a court that imposes a sentence under this chapter upon an	7070
offender for a misdemeanor or minor misdemeanor has discretion to	7071
determine the most effective way to achieve the purposes and	7072
principles of sentencing set forth in section 2929.21 of the	7073
Revised Code.	7074

Unless a specific sanction is required to be imposed or is	7075
precluded from being imposed by the section setting forth an	7076
offense or the penalty for an offense or by any provision of	7077
sections 2929.23 to 2929.28 of the Revised Code, a court that	7078
imposes a sentence upon an offender for a misdemeanor may impose	7079
on the offender any sanction or combination of sanctions under	7080
sections 2929.24 to 2929.28 of the Revised Code. The court shall	7081
consider the burden imposed by the sentence on local government	7082
resources.	7083

(B)(1) In determining the appropriate sentence for a	7084
misdemeanor, the court shall consider all of the following	7085
factors:	7086

(a) The nature and circumstances of the offense or offenses;

7087

(b) The criminal history and character of the offender;

7088

(c) Whether the offender is likely to commit future crimes.

7089

(2) In determining the appropriate sentence for a	7090
misdemeanor, the court may consider any other factors that are	7091
relevant to achieving the purposes and principles of sentencing	7092
set forth in section 2929.21 of the Revised Code.	7093

(C) Before imposing a jail term as a sentence for a	7094
misdemeanor, a court may impose a community control sanction or a	7095
combination of community control sanctions under sections 2929.25,	7096
2929.26, 2929.27, and 2929.28 of the Revised Code. A court shall	7097
impose the longest jail term authorized under section 2929.24 of	7098
the Revised Code only upon offenders who commit the worst forms of	7099
the offense or upon offenders whose conduct and response to prior	7100
sanctions for prior offenses demonstrate that the imposition of	7101
the longest jail term is necessary to deter the offender from	7102
committing a future crime.	7103

(D)(1) A sentencing court shall consider any relevant oral	7104
or written statement made by the victim, the defendant, the	7105
defense attorney, or the prosecuting authority regarding	7106
sentencing for a misdemeanor. This division does not create any	7107
rights to notice other than those rights authorized by Chapter	7108
2930. of the Revised Code.	7109

(2) At the time of sentencing for a misdemeanor or as soon	7110
as possible after sentencing, the court shall notify the victim of	7111
the offense of the victim's right to file an application for an	7112
award of reparations pursuant to sections 2743.51 to 2743.72 of	7113
the Revised Code.	7114

Sec. 2929.23.  (A) If an offender is being sentenced for a	7115
sexually oriented offense that is a misdemeanor committed on or	7116
after January 1, 1997, and if the judge imposing sentence for the	7117
sexually oriented offense determines pursuant to division (B) of	7118
section 2950.09 of the Revised Code that the offender is a sexual	7119
predator, the judge shall include in the offender's sentence a	7120
statement that the offender has been adjudicated a sexual	7121
predator, shall comply with the requirements of section 2950.03 of	7122
the Revised Code, and shall require the offender to submit to a	7123
DNA specimen collection procedure pursuant to section 2901.07 of	7124
the Revised Code.	7125

(B) Before imposing sentence on an offender who is being	7126
sentenced for a sexually oriented offense that is a misdemeanor	7127
committed on or after January 1, 1997, the judge shall conduct a	7128
hearing in accordance with division (B) of section 2950.09 of the	7129
Revised Code to determine whether the offender is a sexual	7130
predator. Before imposing sentence on an offender who is being	7131
sentenced for a sexually oriented offense, the court also shall	7132
comply with division (E) of section 2950.09 of the Revised Code.	7133

(C) If an offender is being sentenced for a sexually	7134
oriented offense that is a misdemeanor committed on or after	7135
January 1, 1997, the judge shall include in the sentence a summary	7136
of the offender's duty to register pursuant to section 2950.04 of	7137
the Revised Code, the offender's duty to provide notice of a	7138
change in residence address and register the new residence address	7139
pursuant to section 2950.05 of the Revised Code, the offender's	7140
duty to periodically verify the offender's current residence	7141
address pursuant to section 2950.06 of the Revised Code, and the	7142
duration of the duties. The judge shall inform the offender, at	7143
the time of sentencing, of those duties and of their duration and,	7144
if required under division (A)(2) of section 2950.03 of the	7145
Revised Code, shall perform the duties specified in that section.	7146

Sec. 2929.24.  (A) Except as provided in section 2929.23 of	7147
the Revised Code and unless another term is required or authorized	7148
pursuant to law, if the sentencing court imposing a sentence upon	7149
an offender for a misdemeanor elects or is required to impose a	7150
jail term on the offender pursuant to this chapter, the court	7151
shall impose a definite jail term that shall be one of the	7152
following:	7153

(1) For a misdemeanor of the first degree, not more than one	7154
hundred eighty days;	7155

(2) For a misdemeanor of the second degree, not more than	7156
ninety days;	7157

(3) For a misdemeanor of the third degree, not more than	7158
sixty days;	7159

(4) For a misdemeanor of the fourth degree, not more than	7160
thirty days.	7161

(B) A court that sentences an offender to a jail term under	7162
this section may permit the offender to serve the sentence in	7163
intermittent confinement or may authorize a limited release of the	7164
offender as provided in division (B) of section 2929.26 of the	7165
Revised Code.	7166

(C) If a court sentences an offender to a jail term under	7167
this section and the court assigns the offender to a county jail	7168
that has established a county jail industry program pursuant to	7169
section 5147.30 of the Revised Code, the court shall specify, as	7170
part of the sentence, whether the offender may be considered for	7171
participation in the program. During the offender's term in the	7172
county jail, the court retains jurisdiction to modify its	7173
specification regarding the offender's participation in the county	7174
jail industry program.	7175

Sec. 2929.25.  (A)(1) In sentencing an offender for a	7176
misdemeanor, other than a minor misdemeanor, the sentencing court	7177
may do either of the following:	7178

(a) Directly impose a sentence that consists of one or more	7179
community control sanctions authorized by section 2929.26,	7180
2929.27, or 2929.28 of the Revised Code. The court may impose any	7181
other conditions of release under a community control sanction	7182
that the court considers appropriate, including, but not limited	7183
to, requiring that the offender not ingest or be injected with a	7184
drug of abuse and submit to random drug testing and requiring that	7185
the results of the drug test indicate that the offender did not	7186
ingest or was not injected with a drug of abuse. If the court	7187
imposes a jail term upon the offender, the court may impose any	7188
community control sanction or combination of community control	7189
sanctions in addition to the jail term.	7190

(b) Impose a jail term from the range of jail terms	7191
authorized for the offense under section 2929.24 of the Revised	7192
Code, suspend all or a portion of the jail term imposed, and place	7193
the offender under a community control sanction or combination of	7194
community control sanctions authorized under section 2929.26,	7195
2929.27, or 2929.28 of the Revised Code.	7196

(2) The duration of all community control sanctions imposed	7197
upon an offender and in effect for an offender at any time shall	7198
not exceed five years.	7199

(3) At sentencing, if a court directly imposes a community	7200
control sanction or combination of community control sanctions	7201
pursuant to division (A)(1)(a) of this section, the court shall	7202
state the duration of the community control sanctions imposed and	7203
shall notify the offender that if any of the conditions of the	7204
community control sanctions are violated the court may do any of	7205
the following:	7206

(a) Impose a longer time under the same community control	7207
sanction if the total time under all of the offender's community	7208
control sanctions does not exceed the five-year limit specified in	7209
division (A)(2) of this section;	7210

(b) Impose a more restrictive community control sanction	7211
under section 2929.26, 2929.27, or 2929.28 of the Revised Code,	7212
but the court is not required to impose any particular sanction or	7213
sanctions;	7214

(c) Impose a definite jail term from the range of jail terms	7215
authorized for the offense under section 2929.24 of the Revised	7216
Code.	7217

(B)(1) If a court sentences an offender to any community	7218
control sanction or combination of community control sanctions	7219
authorized under section 2929.26, 2929.27, or 2929.28 of the	7220
Revised Code, the court shall place the offender under the general	7221
control and supervision of the court or of a department of	7222
probation in the jurisdiction that serves the court for purposes	7223
of reporting to the court a violation of any of the conditions of	7224
the sanctions imposed. If the offender resides in another	7225
jurisdiction and a department of probation has been established to	7226
serve the municipal court or county court in that jurisdiction,	7227
the sentencing court may request the municipal court or the county	7228
court to receive the offender into the general control and	7229
supervision of that department of probation for purposes of	7230
reporting to the sentencing court a violation of any of the	7231
conditions of the sanctions imposed. The sentencing court retains	7232
jurisdiction over any offender whom it sentences for the duration	7233
of the sanction or sanctions imposed.	7234

(2) The sentencing court shall require as a condition of any	7235
community control sanction that the offender abide by the law and	7236
not leave the state without the permission of the court or the	7237
offender's probation officer. In the interests of doing justice,	7238
rehabilitating the offender, and ensuring the offender's good	7239
behavior, the court may impose additional requirements on the	7240
offender. The offender's compliance with the additional	7241
requirements also shall be a condition of the community control	7242
sanction imposed upon the offender.	7243

(C)(1) If the court imposing sentence upon an offender	7244
sentences the offender to any community control sanction or	7245
combination of community control sanctions authorized under	7246
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if	7247
the offender violates any of the conditions of the sanctions, the	7248
public or private person or entity that supervises or administers	7249
the program or activity that comprises the sanction shall report	7250
the violation directly to the sentencing court or to the	7251
department of probation or probation officer with general control	7252
and supervision over the offender. If the public or private	7253
person or entity reports the violation to the department of	7254
probation or probation officer, the department or officer shall	7255
report the violation to the sentencing court.	7256

(2) If an offender violates any condition of a community	7257
control sanction, the sentencing court may impose upon the	7258
violator a longer time under the same community control sanction	7259
if the total time under all of the community control sanctions	7260
imposed on the violator does not exceed the five-year limit	7261
specified in division (A)(2) of this section or may impose on the	7262
violator a more restrictive community control sanction or	7263
combination of community control sanctions, including a jail term.	7264
If the court imposes a jail term upon a violator pursuant to this	7265
division, the total time spent in jail for the misdemeanor offense	7266
and the violation of a condition of the community control sanction	7267
shall not exceed the maximum jail term available for the offense	7268
for which the sanction that was violated was imposed. The court	7269
may reduce the longer period of time that the violator is required	7270
to spend under the longer sanction or the more restrictive	7271
sanction by all or part of the time the violator successfully	7272
spent under the sanction that was initially imposed.	7273

(D) Except as otherwise provided in this division, if an	7274
offender, for a significant period of time, fulfills the	7275
conditions of a community control sanction imposed pursuant to	7276
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an	7277
exemplary manner, the court may reduce the period of time under	7278
the community control sanction or impose a less restrictive	7279
community control sanction. Fulfilling the conditions of a	7280
community control sanction does not relieve the offender of a duty	7281
to make restitution under section 2929.28 of the Revised Code.	7282

Sec. 2929.26.  (A) Except as otherwise provided in sections	7283
2929.21 to 2929.28 of the Revised Code, the court imposing a	7284
sentence for a misdemeanor, other than a minor misdemeanor, may	7285
impose any community residential sanction or combination of	7286
community residential sanctions under this section. Community	7287
residential sanctions include, but are not limited to, the	7288
following:	7289

(1) A term of up to one hundred eighty days in a halfway	7290
house or a term in a halfway house not to exceed the longest jail	7291
term available for the offense, whichever is shorter;	7292

(2) A term of up to one hundred eighty days in an	7293
alternative residential facility or a term in an alternative	7294
residential facility not to exceed the longest jail term available	7295
for the offense, whichever is shorter. The court may specify the	7296
level of security in the alternative residential facility that is	7297
needed for the offender.	7298

(B) The court that sentences an offender to a community	7299
residential sanction under this section may do either or both of	7300
the following:	7301

(1) Permit the offender to serve the offender's sentence in	7302
intermittent confinement, overnight, on weekends or at any other	7303
time or times that will allow the offender to continue at the	7304
offender's occupation or care for the offender's family;	7305

(2) Authorize the offender to be released so that the	7306
offender may seek or maintain employment, receive education or	7307
training, receive treatment, perform community service, or	7308
otherwise fulfill an obligation imposed by law or by the court. A	7309
release pursuant to this division shall be only for the duration	7310
of time that is needed to fulfill the purpose of the release and	7311
for travel that reasonably is necessary to fulfill the purposes of	7312
the release.	7313

(C) The court may order that a reasonable portion of the	7314
income earned by the offender upon a release pursuant to division	7315
(B) of this section be applied to any financial sanction imposed	7316
under section 2929.28 of the Revised Code.	7317

(D) No court shall sentence any person to a prison term for	7318
a misdemeanor or minor misdemeanor.	7319

(E) If a court sentences a person who has been convicted of	7320
or pleaded guilty to a misdemeanor to a community residential	7321
sanction as described in division (A) of this section, at the time	7322
of reception and at other times the person in charge of the	7323
operation of the halfway house, alternative residential facility,	7324
or other place at which the offender will serve the residential	7325
sanction determines to be appropriate, the person in charge of the	7326
operation of the halfway house, alternative residential facility,	7327
or other place may cause the convicted offender to be examined and	7328
tested for tuberculosis, HIV infection, hepatitis, including, but	7329
not limited to, hepatitis A, B, and C, and other contagious	7330
diseases. The person in charge of the operation of the halfway	7331
house, alternative residential facility, or other place at which	7332
the offender will serve the residential sanction may cause a	7333
convicted offender in the halfway house, alternative residential	7334
facility, or other place who refuses to be tested or treated for	7335
tuberculosis, HIV infection, hepatitis, including, but not limited	7336
to, hepatitis A, B, and C, or another contagious disease to be	7337
tested and treated involuntarily.	7338

Sec. 2929.27.  (A) Except when a mandatory jail term is	7339
required by law, the court imposing a sentence for a misdemeanor,	7340
other than a minor misdemeanor, may impose any nonresidential	7341
sanction or combination of nonresidential sanctions authorized	7342
under this division. Nonresidential sanctions include, but are	7343
not limited to, the following:	7344

(1) A term of day reporting;

7345

(2) A term of house arrest with electronic monitoring, a	7346
term of electronic monitoring without house arrest, or a term of	7347
house arrest without electronic monitoring;	7348

(3) A term of community service of up to five hundred hours	7349
for a misdemeanor of the first degree or two hundred hours for a	7350
misdemeanor of the second, third, or fourth degree;	7351

(4) A term in a drug treatment program with a level of	7352
security for the offender as determined necessary by the court;	7353

(5) A term of intensive probation supervision;

7354

(6) A term of basic probation supervision;

7355

(7) A term of monitored time;

7356

(8) A term of drug and alcohol use monitoring, including	7357
random drug testing;	7358

(9) A curfew term;

7359

(10) A requirement that the offender obtain employment;

7360

(11) A requirement that the offender obtain education or	7361
training;	7362

(12) Provided the court obtains the prior approval of the	7363
victim, a requirement that the offender participate in	7364
victim-offender mediation;	7365

(13) If authorized by law, suspension of the offender's	7366
privilege to operate a motor vehicle, immobilization or forfeiture	7367
of the offender's motor vehicle, a requirement that the offender	7368
obtain a valid motor vehicle operator's license, or any other	7369
related sanction;	7370

(14) A requirement that the offender obtain counseling if the	7371
offense is a violation of section 2919.25 or a violation of	7372
section 2903.13 of the Revised Code involving a person who was a	7373
family or household member at the time of the violation, if the	7374
offender committed the offense in the vicinity of one or more	7375
children who are not victims of the offense, and if the offender	7376
or the victim of the offense is a parent, guardian, custodian, or	7377
person in loco parentis of one or more of those children. This	7378
division does not limit the court in requiring that the offender	7379
obtain counseling for any offense or in any circumstance not	7380
specified in this division.	7381

(B) In addition to the sanctions authorized under division	7382
(A) of this section, the court imposing a sentence for a	7383
misdemeanor, other than a minor misdemeanor, upon an offender who	7384
is not required to serve a mandatory jail term may impose any	7385
other sanction that is intended to discourage the offender or	7386
other persons from committing a similar offense if the sanction is	7387
reasonably related to the overriding purposes and principles of	7388
misdemeanor sentencing.	7389

(C) The court imposing a sentence for a minor misdemeanor	7390
may impose a term of community service in lieu of all or part of a	7391
fine. The term of community service imposed for a minor	7392
misdemeanor shall not exceed thirty hours.	7393

Sec. 2929.28.  (A) The court imposing a sentence upon an	7394
offender for a misdemeanor, including a minor misdemeanor, may	7395
sentence the offender to any financial sanction or combination of	7396
financial sanctions authorized under this section. Financial	7397
sanctions that may be imposed pursuant to this section include,	7398
but are not limited to, the following:	7399

(1) Restitution by the offender to the victim of the	7400
offender's crime or any survivor of the victim, in an amount based	7401
on the victim's economic loss. The court shall order that the	7402
restitution be made to the victim in open court or to the adult	7403
probation department that serves the jurisdiction or the clerk of	7404
the court on behalf of the victim. The order may include a	7405
requirement that reimbursement be made to third parties, other	7406
than the offender's insurer, for amounts paid to the victim or any	7407
survivor of the victim for economic loss resulting from the	7408
offense. If reimbursement to third parties is required, the	7409
offender shall make the reimbursement to any governmental agency	7410
to repay any amounts paid by the agency to the victim or survivor	7411
before the offender makes any reimbursement to any other person.	7412

The court shall determine, or order to be determined, the	7413
amount of restitution to be paid by the offender. The court may	7414
base the amount of restitution it orders on an amount recommended	7415
by the victim, the offender, a presentence investigation report,	7416
estimates or receipts indicating the cost of repairing or	7417
replacing property, and other information. The court shall hold a	7418
hearing on restitution if the offender, victim, or survivor	7419
disputes the amount of restitution.	7420

All restitution payments shall be credited against any	7421
recovery of economic loss in a civil action brought by the victim	7422
or any survivor of the victim against the offender.	7423

The court may order that the offender pay a surcharge, of not	7424
more than five per cent of the amount of the restitution otherwise	7425
ordered, to the entity responsible for collecting and processing	7426
restitution payments.	7427

The victim or survivor may request that the prosecuting	7428
attorney file a motion, or the offender may file a motion, for	7429
modification of the payment terms of any restitution ordered based	7430
on a substantial change in the offender's ability to pay.	7431

(2) A fine of the type described in divisions (A)(2)(a) and	7432
(b) of this section payable to the appropriate entity as required	7433
by law:	7434

(a) A conventional fine in the following amount:

7435

(i) For a misdemeanor of the first degree, not more than one	7436
thousand dollars;	7437

(ii) For a misdemeanor of the second degree, not more than	7438
seven hundred fifty dollars;	7439

(iii) For a misdemeanor of the third degree, not more than	7440
five hundred dollars;	7441

(iv) For a misdemeanor of the fourth degree, not more than	7442
two hundred fifty dollars;	7443

(v) For a minor misdemeanor, not more than one hundred fifty	7444
dollars.	7445

(b) A state fine or cost as defined in section 2949.111 of	7446
the Revised Code.	7447

(3)(a) Reimbursement by the offender of any or all of the	7448
costs of sanctions incurred by the government, including, but not	7449
limited to, the following:	7450

(i) All or part of the costs of implementing any community	7451
control sanction, including a supervision fee under section	7452
2951.021 of the Revised Code;	7453

(ii) All or part of the costs of confinement in a jail or	7454
other residential facility, including, but not limited to, a per	7455
diem fee for room and board, the costs of medical and dental	7456
treatment, and the costs of repairing property damaged by the	7457
offender while confined.	7458

(b) The amount of reimbursement ordered under division	7459
(A)(3)(a) of this section shall not exceed the total amount of	7460
reimbursement the offender is able to pay and shall not exceed the	7461
actual cost of the sanctions. The court may collect any amount of	7462
reimbursement the offender is required to pay under that division.	7463
If the court does not order reimbursement under that division,	7464
confinement costs may be assessed pursuant to a repayment policy	7465
adopted under any section of the Revised Code that authorizes the	7466
adoption of a repayment policy.	7467

(4) Court costs.

7468

(B) If the court determines a hearing is necessary, the	7469
court may hold a hearing to determine whether the offender is able	7470
to pay the sanction imposed pursuant to this section or is likely	7471
in the future to be able to pay it.	7472

If the court determines that the offender is indigent and	7473
unable to pay the sanction, the court shall consider imposing and	7474
may impose a term of community service under division (A) of	7475
section 2929.27 of the Revised Code in lieu of imposing a	7476
financial sanction. If the court does not determine that the	7477
offender is indigent, the court may impose a term of community	7478
service under division (A) of section 2929.27 of the Revised Code	7479
in lieu of or in addition to imposing a financial sanction under	7480
this section. The court may order community service for a minor	7481
misdemeanor pursuant to division (C) of section 2929.27 of the	7482
Revised Code in lieu of or in addition to imposing a financial	7483
sanction under this section. If a person fails to pay a financial	7484
sanction, the court may order community service in lieu of the	7485
financial sanction.	7486

(C)(1) The offender shall pay reimbursements imposed upon	7487
the offender pursuant to division (A)(3) of this section to pay	7488
the costs incurred by a county pursuant to any sanction imposed	7489
under this section or section 2929.26 or 2929.27 of the Revised	7490
Code or in operating a facility used to confine offenders pursuant	7491
to a sanction imposed under section 2929.26 of the Revised Code to	7492
the county treasurer. The county treasurer shall deposit the	7493
reimbursements in the sanction cost reimbursement fund that each	7494
board of county commissioners shall create in its county treasury.	7495
The county shall use the amounts deposited in the fund to pay the	7496
costs incurred by the county pursuant to any sanction imposed	7497
under this section or section 2929.26 or 2929.27 of the Revised	7498
Code or in operating a facility used to confine offenders pursuant	7499
to a sanction imposed under section 2929.26 of the Revised Code.	7500

(2) The offender shall pay reimbursements imposed upon the	7501
offender pursuant to division (A)(3) of this section to pay the	7502
costs incurred by a municipal corporation pursuant to any sanction	7503
imposed under this section or section 2929.26 or 2929.27 of the	7504
Revised Code or in operating a facility used to confine offenders	7505
pursuant to a sanction imposed under section 2929.26 of the	7506
Revised Code to the treasurer of the municipal corporation. The	7507
treasurer shall deposit the reimbursements in a special fund that	7508
shall be established in the treasury of each municipal	7509
corporation. The municipal corporation shall use the amounts	7510
deposited in the fund to pay the costs incurred by the municipal	7511
corporation pursuant to any sanction imposed under this section or	7512
section 2929.26 or 2929.27 of the Revised Code or in operating a	7513
facility used to confine offenders pursuant to a sanction imposed	7514
under section 2929.26 of the Revised Code.	7515

(3) The offender shall pay reimbursements imposed pursuant	7516
to division (A)(3) of this section for the costs incurred by a	7517
private provider pursuant to a sanction imposed under this section	7518
or section 2929.26 or 2929.27 of the Revised Code to the provider.	7519

(D) Except as otherwise provided in this division, a	7520
financial sanction imposed under division (A) of this section is a	7521
judgment in favor of the state or the political subdivision that	7522
operates the court that imposed the financial sanction. A	7523
financial sanction of reimbursement imposed pursuant to division	7524
(A)(3)(a)(i) of this section upon an offender is a judgment in	7525
favor of the entity administering the community control sanction.	7526
A financial sanction of reimbursement imposed pursuant to division	7527
(A)(3)(a)(ii) of this section upon an offender confined in a jail	7528
or other residential facility is a judgment in favor of the entity	7529
operating the jail or other residential facility. A financial	7530
sanction of restitution imposed pursuant to division (A)(1) of	7531
this section is a judgment in favor of the victim of the	7532
offender's criminal act. The offender subject to the financial	7533
sanction is the judgment debtor.	7534

Once the financial sanction is imposed as a judgment, the	7535
victim, private provider, state, or political subdivision may	7536
bring an action to do any of the following:	7537

(1) Obtain execution of the judgment through any available	7538
procedure, including:	7539

(a) An execution against the property of the judgment debtor	7540
under Chapter 2329. of the Revised Code;	7541

(b) An execution against the person of the judgment debtor	7542
under Chapter 2331. of the Revised Code;	7543

(c) A proceeding in aid of execution under Chapter 2333. of	7544
the Revised Code, including any of the following:	7545

(i) A proceeding for the examination of the judgment debtor	7546
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	7547
of the Revised Code;	7548

(ii) A proceeding for attachment of the person of the	7549
judgment debtor under section 2333.28 of the Revised Code;	7550

(iii) A creditor's suit under section 2333.01 of the Revised	7551
Code.	7552

(d) The attachment of the property of the judgment debtor	7553
under Chapter 2715. of the Revised Code;	7554

(e) The garnishment of the property of the judgment debtor	7555
under Chapter 2716. of the Revised Code.	7556

(2) Obtain an order for the assignment of wages of the	7557
judgment debtor under section 1321.33 of the Revised Code.	7558

(E) The civil remedies authorized under division (D) of this	7559
section for the collection of the financial sanction supplement,	7560
but do not preclude, enforcement of the criminal sentence.	7561

(F) Each court imposing a financial sanction upon an	7562
offender under this section may designate the clerk of the court	7563
or another person to collect the financial sanction. The clerk,	7564
or another person authorized by law or the court to collect the	7565
financial sanction may do the following:	7566

(1) Enter into contracts with one or more public agencies or	7567
private vendors for the collection of amounts due under the	7568
sanction. Before entering into a contract for the collection of	7569
amounts due from an offender pursuant to any financial sanction	7570
imposed pursuant to this section, a court shall comply with	7571
sections 307.86 to 307.92 of the Revised Code.	7572

(2) Permit payment of all or any portion of the sanction in	7573
installments, by credit or debit card, by another electronic	7574
transfer, or by any other reasonable method, in any time, and on	7575
any terms that court considers just, except that the maximum time	7576
permitted for payment shall not exceed five years. The clerk may	7577
pay any fee associated with processing an electronic transfer out	7578
of public money or may charge the fee to the offender.	7579

(3) To defray administrative costs, charge a reasonable fee	7580
to an offender who elects a payment plan rather than a lump sum	7581
payment of any financial sanction.	7582

(G) No financial sanction imposed under this section shall	7583
preclude a victim from bringing a civil action against the	7584
offender.	7585

Sec. 2929.31.  (A) Regardless of the penalties provided in	7586
sections 2929.02, 2929.14 to 2929.18, and 2929.212929.24to	7587
2929.28 of the Revised Code, an organization convicted of an	7588
offense pursuant to section 2901.23 of the Revised Code shall be	7589
fined in accordance with this section. The court shall fix the	7590
fine as follows:	7591

(1) For aggravated murder, not more than one hundred	7592
thousand dollars;	7593

(2) For murder, not more than fifty thousand dollars;

7594

(3) For a felony of the first degree, not more than	7595
twenty-five thousand dollars;	7596

(4) For a felony of the second degree, not more than twenty	7597
thousand dollars;	7598

(5) For a felony of the third degree, not more than fifteen	7599
thousand dollars;	7600

(6) For a felony of the fourth degree, not more than ten	7601
thousand dollars;	7602

(7) For a felony of the fifth degree, not more than	7603
seventy-five hundred dollars;	7604

(8) For a misdemeanor of the first degree, not more than	7605
five thousand dollars;	7606

(9) For a misdemeanor of the second degree, not more than	7607
four thousand dollars;	7608

(10) For a misdemeanor of the third degree, not more than	7609
three thousand dollars;	7610

(11) For a misdemeanor of the fourth degree, not more than	7611
two thousand dollars;	7612

(12) For a minor misdemeanor, not more than one thousand	7613
dollars;	7614

(13) For a felony not specifically classified, not more than	7615
ten thousand dollars;	7616

(14) For a misdemeanor not specifically classified, not more	7617
than two thousand dollars;	7618

(15) For a minor misdemeanor not specifically classified,	7619
not more than one thousand dollars.	7620

(B) When an organization is convicted of an offense that is	7621
not specifically classified, and the section defining the offense	7622
or penalty plainly indicates a purpose to impose the penalty	7623
provided for violation upon organizations, then the penalty so	7624
provided shall be imposed in lieu of the penalty provided in this	7625
section.	7626

(C) When an organization is convicted of an offense that is	7627
not specifically classified, and the penalty provided includes a	7628
higher fine than the fine that is provided in this section, then	7629
the penalty imposed shall be pursuant to the penalty provided for	7630
the violation of the section defining the offense.	7631

(D) This section does not prevent the imposition of	7632
available civil sanctions against an organization convicted of an	7633
offense pursuant to section 2901.23 of the Revised Code, either in	7634
addition to or in lieu of a fine imposed pursuant to this section.	7635

Sec. 2929.25.        Sec. 2929.32.  (A)(1) Subject to division (A)(2) of	7636
this section, notwithstanding the fines prescribed in section	7637
2929.02 of the Revised Code for a person who is convicted of or	7638
pleads guilty to aggravated murder or murder, the fines prescribed	7639
in section 2929.18 of the Revised Code for a person who is	7640
convicted of or pleads guilty to a felony, the fines prescribed in	7641
section 2929.212929.28 of the Revised Code for a person who is	7642
convicted of or pleads guilty to a misdemeanor, the fines	7643
prescribed in section 2929.31 of the Revised Code for an	7644
organization that is convicted of or pleads guilty to an offense,	7645
and the fines prescribed in any other section of the Revised Code	7646
for a person who is convicted of or pleads guilty to an offense, a	7647
sentencing court may impose upon the offender a fine of not more	7648
than one million dollars if any of the following applies to the	7649
offense and the offender:	7650

(a) There are three or more victims, as defined in section	7651
2969.11 of the Revised Code, of the offense for which the offender	7652
is being sentenced.	7653

(b) The offender previously has been convicted of or pleaded	7654
guilty to one or more offenses, and, for the offense for which the	7655
offender is being sentenced and all of the other offenses, there	7656
is a total of three or more victims, as defined in section 2969.11	7657
of the Revised Code.	7658

(c) The offense for which the offender is being sentenced is	7659
aggravated murder, murder, or a felony of the first degree that,	7660
if it had been committed prior to July 1, 1996, would have been an	7661
aggravated felony of the first degree.	7662

(2) If the offense in question is a first, second, or third	7663
degree felony violation of any provision of Chapter 2925., 3719.,	7664
or 4729. of the Revised Code, the court shall impose upon the	7665
offender the mandatory fine described in division (B) of section	7666
2929.18 of the Revised Code, and, in addition, may impose a fine	7667
under division (A)(1) of this section, provided that the total of	7668
the mandatory fine and the fine imposed under division (A)(1) of	7669
this section shall not exceed one million dollars. The mandatory	7670
fine shall be paid as described in division (D) of section 2929.18	7671
of the Revised Code, and the fine imposed under division (A)(1) of	7672
this section shall be deposited pursuant to division (B) of this	7673
section.	7674

(B) If a sentencing court imposes a fine upon an offender	7675
pursuant to division (A)(1) of this section, all moneys paid in	7676
satisfaction of the fine or collected pursuant to division (C)(1)	7677
of this section in satisfaction of the fine shall be deposited	7678
into the crime victims recovery fund created by division (D) of	7679
this section and shall be distributed as described in that	7680
division.	7681

(C)(1) Subject to division (C)(2) of this section,	7682
notwithstanding any contrary provision of any section of the	7683
Revised Code, if a sentencing court imposes a fine upon an	7684
offender pursuant to division (A)(1) of this section or pursuant	7685
to another section of the Revised Code, the fine shall be a	7686
judgment against the offender in favor of the state, and both of	7687
the following apply to that judgment:	7688

(a) The state may collect the judgment by garnishing,	7689
attaching, or otherwise executing against any income, profits, or	7690
other real or personal property in which the offender has any	7691
right, title, or interest, including property acquired after the	7692
imposition of the fine, in the same manner as if the judgment had	7693
been rendered against the offender and in favor of the state in a	7694
civil action. If the fine is imposed pursuant to division (A)(1)	7695
of this section, the moneys collected as a result of the	7696
garnishment, attachment, or other execution shall be deposited and	7697
distributed as described in divisions (B) and (D) of this section.	7698
If the fine is not imposed pursuant to division (A)(1) of this	7699
section, the moneys collected as a result of the garnishment,	7700
attachment, or other execution shall be distributed as otherwise	7701
provided by law for the distribution of money paid in satisfaction	7702
of a fine.	7703

(b) The provisions of Chapter 2329. of the Revised Code	7704
relative to the establishment of court judgments and decrees as	7705
liens and to the enforcement of those liens apply to the judgment.	7706

(2) Division (C)(1) of this section does not apply to any	7707
financial sanction imposed pursuant to section 2929.18 of the	7708
Revised Code upon a person who is convicted of or pleads guilty to	7709
a felony.	7710

(D) There is hereby created in the state treasury the crime	7711
victims recovery fund. If a sentencing court imposes a fine upon	7712
an offender pursuant to division (A)(1) of this section, all	7713
moneys paid in satisfaction of the fine and all moneys collected	7714
in satisfaction of the fine pursuant to division (C)(1) of this	7715
section shall be deposited into the fund. The fund shall be	7716
administered and the moneys in it shall be distributed in	7717
accordance with sections 2969.11 to 2969.14 of the Revised Code.	7718

Sec. 2929.221.        Sec. 2929.36.  (A) A person who is convicted of or	7719
pleads guilty to aggravated murder, murder, or an offense	7720
punishable by life imprisonment and who is sentenced to a term of	7721
imprisonment pursuant to that conviction shall serve that term of	7722
imprisonment in an institution under the control of the department	7723
of rehabilitation and correction.	7724

(B)(1) A person who is convicted of or pleads guilty to a	7725
felony other than aggravated murder, murder, or an offense	7726
punishable by life imprisonment and who is sentenced to a term of	7727
imprisonment pursuant to that conviction shall serve that term of	7728
imprisonment as follows:	7729

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	7730
section, in an institution under the control of the department of	7731
rehabilitation and correction if the term of imprisonment is a	7732
prison term or shall serve it as otherwise determined by the	7733
sentencing court pursuant to section 2929.16 of the Revised Code	7734
if the term is not a prison term;	7735

(b) In a facility of a type described in division (G)(1) of	7736
section 2929.13 of the Revised Code, if the offender is sentenced	7737
pursuant to that division.	7738

(2) If the term of imprisonment is a prison term, the person	7739
may be imprisoned in a jail that is not a minimum security	7740
misdemeanant jail pursuant to agreement under section 5120.161 of	7741
the Revised Code between the department of rehabilitation and	7742
correction and the local authority that operates the jail.	7743

(C) A person who is convicted of or pleads guilty to one or	7744
more misdemeanors and who is sentenced to a jail term of	7745
imprisonment pursuant to the conviction or convictions shall serve	7746
that jail term of imprisonment in a county, multicounty,	7747
municipal, municipal-county, or multicounty-municipal jail or	7748
workhouse or, if the misdemeanor or misdemeanors are not offenses	7749
of violence, in a minimum security misdemeanant jail.	7750

(D) Nothing in this section prohibits the commitment,	7751
referral, or sentencing of a person who is convicted of or pleads	7752
guilty to a felony to a community-based correctional facility and	7753
program or district community-based correctional facility and	7754
program in accordance with sections 2301.51 to 2301.56 of the	7755
Revised Code.	7756

Sec. 2929.24.        Sec. 2929.42.  (A) The prosecutor in any case	7757
against any person licensed, certified, registered, or otherwise	7758
authorized to practice under Chapter 3719., 4715., 4723., 4729.,	7759
4730., 4731., 4734., or 4741. of the Revised Code shall notify the	7760
appropriate licensing board, on forms provided by the board, of	7761
any of the following regarding the person:	7762

(1) A plea of guilty to, or a conviction of, a felony, or a	7763
court order dismissing a felony charge on technical or procedural	7764
grounds;	7765

(2) A plea of guilty to, or a conviction of, a misdemeanor	7766
committed in the course of practice or in the course of business,	7767
or a court order dismissing such a misdemeanor charge on technical	7768
or procedural grounds;	7769

(3) A plea of guilty to, or a conviction of, a misdemeanor	7770
involving moral turpitude, or a court order dismissing such a	7771
charge on technical or procedural grounds.	7772

(B) The report required by division (A) of this section	7773
shall include the name and address of the person, the nature of	7774
the offense, and certified copies of court entries in the action.	7775

Sec. 2929.29.        Sec. 2929.43.  (A) As used in this section:

7776

(1) "Peace officer" has the same meaning as in section 109.71	7777
of the Revised Code.	7778

(2) "Felony" has the same meaning as in section 109.511 of	7779
the Revised Code.	7780

(B)(1) Prior to accepting a plea of guilty to an indictment,	7781
information, or complaint charging a felony, the court shall	7782
determine whether the defendant is a peace officer. If the court	7783
determines that the defendant is a peace officer, it shall address	7784
the defendant personally and provide the following advisement to	7785
the defendant that shall be entered in the record of the court.	7786

"You are hereby advised that conviction of the felony offense	7787
to which you are pleading guilty will result in the termination of	7788
your employment as a peace officer and in your decertification as	7789
a peace officer pursuant to the laws of Ohio."	7790

Upon the request of the defendant, the court shall allow the	7791
defendant additional time to consider the appropriateness of the	7792
plea of guilty in light of the advisement described in division	7793
(B)(1) of this section.	7794

The court shall not accept a plea of guilty of a defendant	7795
who is a peace officer unless, in addition to any other procedures	7796
required under the Rules of Criminal Procedure, the court	7797
determines that the defendant voluntarily and intelligently enters	7798
that plea after being given the advisement described in division	7799
(B)(1) of this section.	7800

(2) After accepting under division (B)(1) of this section a	7801
plea of guilty to an indictment, information, or complaint	7802
charging a felony, the court shall provide to the clerk of the	7803
court of common pleas a written notice of the plea of guilty of	7804
the defendant peace officer, the name and address of the peace	7805
officer, the law enforcement agency or other governmental entity	7806
that employs the peace officer and its address, the date of the	7807
plea, the nature of the felony offense, and certified copies of	7808
court entries in the action. Upon receiving the written notice	7809
required by division (B)(2) of this section, the clerk of the	7810
court of common pleas shall transmit to the employer of the peace	7811
officer and to the Ohio peace officer training council a report	7812
that includes the information contained in the written notice and	7813
the certified copies of the court entries in the action.	7814

(C)(1) Upon the conviction of a defendant, after trial, of a	7815
felony, the trial judge shall determine whether the defendant is a	7816
peace officer. If the judge determines that the defendant is a	7817
peace officer or if the defendant states on the record that the	7818
defendant is a peace officer, the judge shall provide to the clerk	7819
of the court of common pleas a written notice of the conviction of	7820
the defendant peace officer, the name and address of the peace	7821
officer, the law enforcement agency or other governmental entity	7822
that employs the peace officer and its address, the date of the	7823
conviction, the nature of the felony offense, and certified copies	7824
of court entries in the action. Upon receiving the written notice	7825
required by division (C)(1) of this section, the clerk of the	7826
court of common pleas shall transmit to the employer of the peace	7827
officer and to the Ohio peace officer training council a report	7828
that includes the information contained in the written notice and	7829
the certified copies of the court entries in the action.	7830

(2) Upon the conclusion of the final appeal of a defendant	7831
who is a peace officer and who has been convicted of a felony,	7832
upon expiration of the time period within which that peace officer	7833
may appeal the conviction if no appeal is taken, or otherwise upon	7834
the final disposition of the criminal action against that peace	7835
officer, the trial judge shall provide to the clerk of the court	7836
of common pleas a written notice of the final disposition of the	7837
action that shall include, as appropriate, notice of the final	7838
conviction of the peace officer of the felony, the acquittal of	7839
the peace officer of the felony, the conviction of the peace	7840
officer of a misdemeanor, or the dismissal of the felony charge	7841
against the peace officer. The judge also shall provide to the	7842
clerk of the court of common pleas certified copies of the court	7843
entries in the action. Upon receiving the written notice required	7844
by division (C)(2) of this section, the clerk of the court of	7845
common pleas shall transmit to the employer of the peace officer	7846
and to the Ohio peace officer training council a report that	7847
includes the information contained in the written notice and the	7848
certified copies of the court entries in the action.	7849

(D) If pursuant to a negotiated plea agreement between a	7850
prosecuting attorney and a defendant who is a peace officer and	7851
who is charged with a felony, in which the defendant agrees to	7852
enter a plea of guilty to a misdemeanor and to surrender the	7853
certificate awarded to the defendant under section 109.77 of the	7854
Revised Code, the trial judge issues an order to the defendant to	7855
surrender that certificate, the trial judge shall provide to the	7856
clerk of the court a written notice of the order, the name and	7857
address of the peace officer, the law enforcement agency or other	7858
governmental entity that employs the peace officer and its	7859
address, the date of the plea, the nature of the misdemeanor to	7860
which the peace officer pleaded guilty, and certified copies of	7861
court entries in the action. Upon receiving the written notice	7862
required by this division, the clerk of the court shall transmit	7863
to the employer of the peace officer and to the executive director	7864
of the Ohio peace officer training council a report that includes	7865
the information contained in the written notice and the certified	7866
copies of the court entries in the action.	7867

Sec. 2929.28.        Sec. 2929.71.  (A) As used in this section:

7868

(1) "Agency" means any law enforcement agency, other public	7869
agency, or public official involved in the investigation or	7870
prosecution of the offender or in the investigation of the fire or	7871
explosion in an aggravated arson, arson, or criminal damaging or	7872
endangering case. An "agency" includes, but is not limited to, a	7873
sheriff's office, a municipal corporation, township, or township	7874
police district police department, the office of a prosecuting	7875
attorney, city director of law, village solicitor, or similar	7876
chief legal officer of a municipal corporation, the fire marshal's	7877
office, a municipal corporation, township, or township fire	7878
district fire department, the office of a fire prevention officer,	7879
and any state, county, or municipal corporation crime laboratory.	7880

(2) "Assets" includes all forms of real or personal property.

7881

(3) "Itemized statement" means the statement of costs	7882
described in division (B) of this section.	7883

(4) "Offender" means the person who has been convicted of or	7884
pleaded guilty to committing, attempting to commit, or complicity	7885
in committing a violation of section 2909.02 or 2909.03 of the	7886
Revised Code, or, when the means used are fire or explosion,	7887
division (A)(2) of section 2909.06 of the Revised Code.	7888

(5) "Costs" means the reasonable value of the time spent by	7889
an officer or employee of an agency on the aggravated arson,	7890
arson, or criminal damaging or endangering case, any moneys spent	7891
by the agency on that case, and the reasonable fair market value	7892
of resources used or expended by the agency on that case.	7893

(B) Prior to the sentencing of an offender, the court shall	7894
enter an order that directs agencies that wish to be reimbursed by	7895
the offender for the costs they incurred in the investigation or	7896
prosecution of the offender or in the investigation of the fire or	7897
explosion involved in the case, to file with the court within a	7898
specified time an itemized statement of those costs. The order	7899
also shall require that a copy of the itemized statement be given	7900
to the offender or hisoffender's attorney within the specified	7901
time. Only itemized statements so filed and given shall be	7902
considered at the hearing described in division (C) of this	7903
section.	7904

(C) The court shall set a date for a hearing on all the	7905
itemized statements filed with it and given to the offender or his	7906
the offender's attorney in accordance with division (B) of this	7907
section. The hearing shall be held prior to the sentencing of the	7908
offender, but may be held on the same day as histhe sentencing.	7909
Notice of the hearing date shall be given to the offender or his	7910
the offender's attorney and to the agencies whose itemized	7911
statements are involved. At the hearing, each agency has the	7912
burden of establishing by a preponderance of the evidence that the	7913
costs set forth in its itemized statement were incurred in the	7914
investigation or prosecution of the offender or in the	7915
investigation of the fire or explosion involved in the case, and	7916
of establishing by a preponderance of the evidence that the	7917
offender has assets available for the reimbursement of all or a	7918
portion of the costs.	7919

The offender may cross-examine all witnesses and examine all	7920
documentation presented by the agencies at the hearing, and hethe	7921
offender may present at the hearing witnesses and documentation he	7922
the offender has obtained without a subpoena or a subpoena duces	7923
tecum or, in the case of documentation, that belongs to himthe	7924
offender. HeThe offender also may issue subpoenas and subpoenas	7925
duces tecum for, and present and examine at the hearing, witnesses	7926
and documentation, subject to the following applying to the	7927
witnesses or documentation subpoenaed:	7928

(1) The testimony of witnesses subpoenaed or documentation	7929
subpoenaed is material to the preparation or presentation by the	7930
offender of histhe offender's defense to the claims of the	7931
agencies for a reimbursement of costs;	7932

(2) If witnesses to be subpoenaed are personnel of an agency	7933
or documentation to be subpoenaed belongs to an agency, the	7934
personnel or documentation may be subpoenaed only if the agency	7935
involved has indicated, pursuant to this division, that it intends	7936
to present the personnel as witnesses or use the documentation at	7937
the hearing. The offender shall submit, in writing, a request to	7938
an agency as described in this division to ascertain whether the	7939
agency intends to present various personnel as witnesses or to use	7940
particular documentation. The request shall indicate that the	7941
offender is considering issuing subpoenas to personnel of the	7942
agency who are specifically named or identified by title or	7943
position, or for documentation of the agency that is specifically	7944
described or generally identified, and shall request the agency to	7945
indicate, in writing, whether it intends to present such personnel	7946
as witnesses or to use such documentation at the hearing. The	7947
agency shall promptly reply to the request of the offender. An	7948
agency is prohibited from presenting personnel as witnesses or	7949
from using documentation at the hearing if it indicates to the	7950
offender it does not intend to do so in response to a request of	7951
the offender under this division, or if it fails to reply or	7952
promptly reply to such a request.	7953

(D) Following the hearing, the court shall determine which	7954
of the agencies established by a preponderance of the evidence	7955
that costs set forth in their itemized statements were incurred as	7956
described in division (C) of this section and that the offender	7957
has assets available for reimbursement purposes. The court also	7958
shall determine whether the offender has assets available to	7959
reimburse all such agencies, in whole or in part, for their	7960
established costs, and if it determines that the assets are	7961
available, it shall order the offender, as part of histhe	7962
offender's sentence, to reimburse the agencies from histhe	7963
offender's assets for all or a specified portion of their	7964
established costs.	7965

Sec. 2935.33.  (A) If a person charged with a misdemeanor is	7966
taken before a judge of a court of record and if it appears to the	7967
judge that the person is an alcoholic or is suffering from acute	7968
alcohol intoxication and that the person would benefit from	7969
services provided by an alcohol and drug addiction program	7970
certified under Chapter 3793. of the Revised Code, the judge may	7971
place the person temporarily in a program certified under that	7972
chapter in the area in which the court has jurisdiction for	7973
inpatient care and treatment for an indefinite period not	7974
exceeding five days. The commitment does not limit the right to	7975
release on bail. The judge may dismiss a charge of a violation of	7976
division (B) of section 2917.11 of the Revised Code or of a	7977
municipal ordinance substantially equivalent to that division if	7978
the defendant complies with all the conditions of treatment	7979
ordered by the court.	7980

The court may order that any fines or court costs collected	7981
by the court from defendants who have received inpatient care from	7982
an alcohol and drug addiction program be paid, for the benefit of	7983
the program, to the board of alcohol, drug addiction, and mental	7984
health services of the alcohol, drug addiction, and mental health	7985
service district in which the program is located or to the	7986
director of alcohol and drug addiction services.	7987

(B) If a person is being sentenced for a violation of	7988
division (B) of section 2917.11 or section 4511.19 of the Revised	7989
Code, a misdemeanor violation of section 2919.25 of the Revised	7990
Code, a misdemeanor violation of section 2919.27 of the Revised	7991
Code involving a protection order issued or consent agreement	7992
approved pursuant to section 2919.26 or 3113.31 of the Revised	7993
Code, or a violation of a municipal ordinance substantially	7994
equivalent to that division or any of those sections and if it	7995
appears to the judge at the time of sentencing that the person is	7996
an alcoholic or is suffering from acute alcohol intoxication and	7997
that, in lieu of imprisonment, the person would benefit from	7998
services provided by an alcohol and drug addiction program	7999
certified under Chapter 3793. of the Revised Code, the court may	8000
commit the person to close supervision in any facility in the area	8001
in which the court has jurisdiction that is, or is operated by,	8002
such a program. A commitment to close supervision for a	8003
misdemeanor violation of section 2919.25 of the Revised Code, a	8004
misdemeanor violation of section 2919.27 of the Revised Code	8005
involving a protection order issued or consent agreement approved	8006
pursuant to section 2919.26 or 3113.31 of the Revised Code, or a	8007
violation of any substantially equivalent municipal ordinance	8008
shall be in accordance with division (B) of section 2929.51 of the	8009
Revised Code. Such close supervision may include outpatient	8010
services and part-time release, except that a person convicted of	8011
a violation of division (A) of section 4511.19 of the Revised Code	8012
shall be confined to the facility for at least three days and	8013
except that a person convicted of a misdemeanor violation of	8014
section 2919.25 of the Revised Code, a misdemeanor violation of	8015
section 2919.27 of the Revised Code involving a protection order	8016
issued or consent agreement approved pursuant to section 2919.26	8017
or 3113.31 of the Revised Code, or a violation of a substantially	8018
equivalent municipal ordinance shall be confined to the facility	8019
in accordance with the order of commitment. A commitment of a	8020
person to a facility for purposes of close supervision shall not	8021
exceed the maximum term for which the person could be imprisoned.	8022

(C) A law enforcement officer who finds a person subject to	8023
prosecution for violation of division (B) of section 2917.11 of	8024
the Revised Code or a municipal ordinance substantially equivalent	8025
to that division and who has reasonable cause to believe that the	8026
person is an alcoholic or is suffering from acute alcohol	8027
intoxication and would benefit from immediate treatment	8028
immediately may place the person in an alcohol and drug addiction	8029
program certified under Chapter 3793. of the Revised Code in the	8030
area in which the person is found, for emergency treatment, in	8031
lieu of other arrest procedures, for a maximum period of	8032
forty-eight hours. During that time, if the person desires to	8033
leave such custody, hethe person shall be released forthwith.	8034

(D) As used in this section:

8035

(1) "Alcoholic" has the same meaning as in section 3793.01 of	8036
the Revised Code;	8037

(2) "Acute alcohol intoxication" means a heavy consumption of	8038
alcohol over a relatively short period of time, resulting in	8039
dysfunction of the brain centers controlling behavior, speech, and	8040
memory and causing characteristic withdrawal symptoms.	8041

Sec. 2937.07.  If the offense beis a misdemeanor and the	8042
accused pleads guilty theretoto the offense, the court or	8043
magistrate shall receive and enter suchthe plea unless hethe	8044
court or magistrate believes that it was made through fraud,	8045
collusion;, or mistake in which case he.If the court or	8046
magistrate so believes, the court or magistrate shall enter a plea	8047
of not guilty and set the matter for trial pursuant to Chapter	8048
2938. of the Revised Code. Upon receiving a plea of guilty being	8049
received, the court or magistrate shall call for an explanation of	8050
the circumstances of the offense from the affiant or complainant	8051
or histhe affiant's or complainant's representatives, and after.	8052
After hearing the sameexplanation of circumstances, together with	8053
any statement of the accused, the court or magistrate shall	8054
proceed to pronounce the sentence or shall continue the matter for	8055
the purpose of imposing the sentence or admitting the defendant to	8056
probation.	8057

If theA plea beto a misdemeanor offense of "no contest" or	8058
words of similar import in pleading to a misdemeanor, it shall	8059
constitute a stipulation that the judge or magistrate may make a	8060
finding of guilty or not guilty from the explanation of the	8061
circumstances, and if guilt be found,of the offense. If a	8062
finding of guilty is made, the judge or magistrate shall impose	8063
the sentence or continue the case for sentencesentencing	8064
accordingly. SuchA plea of "no contest" or words of similar	8065
import shall not be construed to importas an admission of any	8066
fact at issue in the criminal charge in any subsequent civil or	8067
criminal action or proceeding, whether civil or criminal.	8068

Sec. 2945.17.  At any trial, in any court, for the violation	8069
of any statute of this state, or of any ordinance of any municipal	8070
corporation, except in cases in whichif the offense carries a	8071
potential penalty involved does not exceed a fine of one hundred	8072
dollarsincarceration, the accused has the right to be tried by a	8073
jury. This section does not apply to, and there is no right to a	8074
jury trial for, a person who is the subject of a complaint filed	8075
under section 2151.27 of the Revised Code against both a child and	8076
the parent, guardian, or other person having care of the child.	8077

Sec. 2947.06.  (A)(1) The trial court may hear testimony in	8078
mitigation of a sentence at the term of conviction or plea or at	8079
the next term. The prosecuting attorney may offer testimony on	8080
behalf of the state to give the court a true understanding of the	8081
case. The court shall determine whether sentence oughtshould	8082
immediately to be imposed or whether, if the offense is a	8083
misdemeanor, to place the defendant on probation. The court on	8084
its own motion may direct the department of probation of the	8085
county in which the defendant resides, or its own regular	8086
probation officer, to make any inquiries and presentence	8087
investigation reports that the court requires concerning the	8088
defendant.	8089

(2) The provisions of section 2951.03 of the Revised Code	8090
shall govern the preparation of, the provision, receipt, and	8091
retention of copies of, the use of, and the confidentiality,	8092
nonpublic record character, and sealing of a presentence	8093
investigation report prepared pursuant to division (A)(1) of this	8094
section.	8095

(B) The court may appoint not more than two psychologists or	8096
psychiatrists to make any reports concerning the defendant that	8097
the court requires for the purpose of determining the disposition	8098
of the case. Each psychologist or psychiatrist shall receive a	8099
fee to be fixed by the court and taxed in the costs of the case.	8100
The psychologist's or psychiatrist's reports shall be made in	8101
writing, in open court, and in the presence of the defendant,	8102
except in misdemeanor cases in which sentence may be pronounced in	8103
the absence of the defendant. A copy of each report of a	8104
psychologist or psychiatrist may be furnished to the defendant, if	8105
present, who may examine the persons making the report, under	8106
oath, as to any matter or thing contained in the report.	8107

Sec. 2947.21.  When a person is sentenced to a workhouse by	8108
the court of common pleas, the clerk of the court of common pleas	8109
shall make and deliver to the sheriff a certified copy of the	8110
judgment. The copy shall describe the crime charged and the	8111
sentence of the court. The sheriff shall deliver the copy to the	8112
officer in charge of the workhouse, and the copy shall be that	8113
officer's warrant for detaining the person in custody. In case of	8114
such a conviction by any other court or magistrate, the court or	8115
magistrate shall make a certified transcript of the docket in the	8116
case, which, in like manner, shall be delivered to the marshal,	8117
constable, or sheriff to be delivered by the marshal, constable,	8118
or sheriff to the proper officer in charge of the workhouse and be	8119
that officer's warrant for detaining the person in custody.	8120

When a person is sentenced to a jail or workhouse under	8121
division (A)(3) of section 2929.512929.24 of the Revised Code,	8122
the court shall certify a transcript of the docket in the case,	8123
and the court shall deliver the certified transcript to the	8124
proper officer in charge of the workhouse or jail, and the	8125
certified transcript is the officer's warrant for detaining the	8126
person in custody during the prescribed period or periods.	8127

Sec. 2949.111.  (A) As used in this section:

8128

(1) "CostsCourt costs" means any court costsassessment that	8129
the court requires an offender to pay,to defray the costs of	8130
operating the court.	8131

(2) "State fines or costs" means any costs imposed or	8132
forfeited bail collected by the court under section 2743.70 of the	8133
Revised Code for deposit into the reparations fund or under	8134
section 2949.091 of the Revised Code for deposit into the	8135
reparations fund and all fines, penalties, and forfeited bail	8136
collected by the court and paid to a law library association under	8137
section 3375.50 of the Revised Code.	8138

(3) "Reimbursement" means any reimbursement for the costs of	8139
confinement that the court orders an offender to pay pursuant to	8140
section 2929.223 or 2929.28 of the Revised Code, any supervision	8141
fee, any fee for the costs of electronically monitored house	8142
arrest that an offender agrees to pay pursuant to section 2929.23	8143
of the Revised Code, any reimbursement for the costs of an	8144
investigation or prosecution that the court orders an offender to	8145
pay pursuant to section 2929.282929.71 of the Revised Code, or	8146
any other costs that the court orders an offender to pay.	8147

(2)(4) "Supervision fees" means any fees that a court,	8148
pursuant to sectionsections 2929.18, 2929.28, and 2951.021 of the	8149
Revised Code and as a condition of probation, requires an offender	8150
who is placed on probation to pay for probation services or that a	8151
court, pursuant to section 2929.18 of the Revised Code, requires	8152
an offender who is under a community control sanction to pay for	8153
supervision services.	8154

(3)(5) "Community control sanction" has the same meaning as	8155
in section 2929.01 of the Revised Code.	8156

(B) Unless the court, in accordance with division (C) of	8157
this section, enters in the record of the case a different method	8158
of assigning a payment toward the satisfaction of costs,	8159
restitution, a fine, or supervision feespayments, if a person who	8160
is charged with a misdemeanor is convicted of or pleads guilty to	8161
the offense, if the court orders the offender to pay any	8162
combination of court costs, state fines or costs, restitution, a	8163
conventional fine, or supervision feesany reimbursement, and if	8164
the offender makes any payment of any of them to a clerk of court	8165
toward the satisfaction of the costs, restitution, fine, or	8166
supervision fees, the clerk of the court shall assign the	8167
offender's payment so made toward the satisfaction of the costs,	8168
restitution, fine, or supervision fees in the following manner:	8169

(1) If the court ordered the offender to pay any court	8170
costs, the offender's payment shall be assigned toward the	8171
satisfaction of thethose court costs until the court coststhey	8172
have been entirely paid.	8173

(2) If the court ordered the offender to pay any state fines	8174
or costs and if all of the court costs that the court ordered the	8175
offender to pay have been paid, the remainder of the offender's	8176
payment shall be assigned on a pro rata basis toward the	8177
satisfaction of the state fines or costs until they have been	8178
entirely paid.	8179

(3) If the court ordered the offender to pay any restitution	8180
and if all of the court costs and state fines or costs that the	8181
court ordered the offender to pay, if any, have been paid, the	8182
remainder of the offender's payment after any assignment required	8183
under division (B)(1) of this section shall be assigned toward the	8184
satisfaction of the restitution until the restitutionit has been	8185
entirely paid.	8186

(3)(4) If the court ordered the offender to pay any	8187
conventional fine and if all of the court costs,state fines or	8188
costs, and restitution that the court ordered the offender to pay,	8189
if any, have been paid, the remainder of the offender's payment	8190
after any assignments required under divisions (B)(1) and (2) of	8191
this section shall be assigned toward the satisfaction of the fine	8192
until the fineit has been entirely paid.	8193

(4)(5) If the court ordered the offender to pay any	8194
supervision feesreimbursement and if all of the court costs,	8195
state fines or costs, restitution, and fineconventional fines	8196
that the court ordered the offender to pay, if any, have been	8197
paid, the remainder of the offender's payment after any	8198
assignments required under divisions (B)(1), (2), and (3) of this	8199
section shall be assigned toward the satisfaction of the	8200
supervision feesreimbursements until the supervision feesthey	8201
have been entirely paid.	8202

(C) If a person who is charged with a misdemeanor is	8203
convicted of or pleads guilty to the offense and if the court	8204
orders the offender to pay any combination of court costs, state	8205
fines or costs, restitution, a fineconventional fines, or	8206
supervision feesreimbursements, the court, at the time it orders	8207
the offender to pay the combination of costs, restitution, a fine,	8208
or supervision feesmake those payments, may prescribe a methodan	8209
order of assigning payments that the person makes toward the	8210
satisfaction of the costs, restitution, fine, or supervision fees	8211
that differs from the methodorder set forth in division (B) of	8212
this section. If the court prescribes a method of assigning	8213
payments under this division, the court shall enterby entering in	8214
the record of the case the methodorder so prescribed. Upon the	8215
entryIf a different order is entered in the record of the case of	8216
the method of assigning payments prescribed pursuant to this	8217
division, if the offender makes any payment to a clerk of court	8218
for the costs, restitution, fine, or supervision fees, on receipt	8219
of any payment, the clerk of the court shall assign the payment so	8220
made toward the satisfaction of the costs, restitution, fine, or	8221
supervision fees in the manner prescribed by the court and entered	8222
in the record of the case instead of in the manner set forth in	8223
division (B) of this section.	8224

Sec. 2950.01. As used in this chapter, unless the context	8225
clearly requires otherwise:	8226

(A) "Confinement" includes, but is not limited to, a	8227
community residential sanction imposed pursuant to section 2929.16	8228
of the Revised Code.	8229

(B) "Habitual sex offender" means, except when a juvenile	8230
judge removes this classification pursuant to division (A)(2) of	8231
section 2152.84 or division (C)(2) of section 2152.85 of the	8232
Revised Code, a person to whom both of the following apply:	8233

(1) The person is convicted of or pleads guilty to a	8234
sexually oriented offense, or the person is adjudicated a	8235
delinquent child for committing on or after January 1, 2002, a	8236
sexually oriented offense, was fourteen years of age or older at	8237
the time of committing the offense, and is classified a juvenile	8238
sex offender registrant based on that adjudication.	8239

(2) One of the following applies to the person:

8240

(a) Regarding a person who is an offender, the person	8241
previously was convicted of or pleaded guilty to one or more	8242
sexually oriented offenses or previously was adjudicated a	8243
delinquent child for committing one or more sexually oriented	8244
offenses and was classified a juvenile sex offender registrant or	8245
out-of-state juvenile sex offender registrant based on one or more	8246
of those adjudications, regardless of when the offense was	8247
committed and regardless of the person's age at the time of	8248
committing the offense.	8249

(b) Regarding a delinquent child, the person previously was	8250
convicted of, pleaded guilty to, or was adjudicated a delinquent	8251
child for committing one or more sexually oriented offenses,	8252
regardless of when the offense was committed and regardless of the	8253
person's age at the time of committing the offense.	8254

(C) "Prosecutor" has the same meaning as in section 2935.01	8255
of the Revised Code.	8256

(D) "Sexually oriented offense" means any of the following:

8257

(1) Any of the following violations or offenses committed by	8258
a person eighteen years of age or older:	8259

(a) Regardless of the age of the victim of the offense, a	8260
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	8261
Code;	8262

(b) Any of the following offenses involving a minor, in the	8263
circumstances specified:	8264

(i) A violation of section 2905.01, 2905.02, 2905.03,	8265
2905.05, or 2907.04 or former section 2905.04 of the Revised Code	8266
when the victim of the offense is under eighteen years of age;	8267

(ii) A violation of section 2907.21 of the Revised Code when	8268
the person who is compelled, induced, procured, encouraged,	8269
solicited, requested, or facilitated to engage in, paid or agreed	8270
to be paid for, or allowed to engage in the sexual activity in	8271
question is under eighteen years of age;	8272

(iii) A violation of division (A)(1) or (3) of section	8273
2907.321 or 2907.322 of the Revised Code;	8274

(iv) A violation of division (A)(1) or (2) of section	8275
2907.323 of the Revised Code;	8276

(v) A violation of division (B)(5) of section 2919.22 of the	8277
Revised Code when the child who is involved in the offense is	8278
under eighteen years of age;	8279

(vi) A violation of division (D) or (E) of section 2907.07 of	8280
the Revised Code.	8281

(c) Regardless of the age of the victim of the offense, a	8282
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	8283
Revised Code, or of division (A) of section 2903.04 of the Revised	8284
Code, that is committed with a purpose to gratify the sexual needs	8285
or desires of the offender;	8286

(d) A sexually violent offense;

8287

(e) A violation of any former law of this state, any	8288
existing or former municipal ordinance or law of another state or	8289
the United States, or any existing or former law applicable in a	8290
military court or in an Indian tribal court that is or was	8291
substantially equivalent to any offense listed in division	8292
(D)(1)(a), (b), (c), or (d) of this section;	8293

(f) An attempt to commit, conspiracy to commit, or	8294
complicity in committing any offense listed in division (D)(1)(a),	8295
(b), (c), (d), or (e) of this section.	8296

(2) An act committed by a person under eighteen years of age	8297
that is any of the following:	8298

(a) Subject to division (D)(2)(h) of this section,	8299
regardless of the age of the victim of the violation, a violation	8300
of section 2907.02, 2907.03, or 2907.05 of the Revised Code;	8301

(b) Subject to division (D)(2)(h) of this section, any of	8302
the following acts involving a minor in the circumstances	8303
specified:	8304

(i) A violation of section 2905.01 or 2905.02 of the Revised	8305
Code, or of former section 2905.04 of the Revised Code, when the	8306
victim of the violation is under eighteen years of age;	8307

(ii) A violation of section 2907.21 of the Revised Code when	8308
the person who is compelled, induced, procured, encouraged,	8309
solicited, requested, or facilitated to engage in, paid or agreed	8310
to be paid for, or allowed to engage in the sexual activity in	8311
question is under eighteen years of age;	8312

(iii) A violation of division (B)(5) of section 2919.22 of	8313
the Revised Code when the child who is involved in the violation	8314
is under eighteen years of age.	8315

(c) Subject to division (D)(2)(h) of this section, any	8316
sexually violent offense that, if committed by an adult, would be	8317
a felony of the first, second, third, or fourth degree;	8318

(d) Subject to division (D)(2)(h) of this section, a	8319
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	8320
2905.02 of the Revised Code, a violation of division (A) of	8321
section 2903.04 of the Revised Code, or an attempt to violate any	8322
of those sections or that division that is committed with a	8323
purpose to gratify the sexual needs or desires of the child	8324
committing the violation;	8325

(e) Subject to division (D)(2)(h) of this section, a	8326
violation of division (A)(1) or (3) of section 2907.321, division	8327
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	8328
section 2907.323 of the Revised Code, or an attempt to violate any	8329
of those divisions, if the person who violates or attempts to	8330
violate the division is four or more years older than the minor	8331
who is the victim of the violation;	8332

(f) Subject to division (D)(2)(h) of this section, any	8333
violation of any former law of this state, any existing or former	8334
municipal ordinance or law of another state or the United States,	8335
or any existing or former law applicable in a military court or in	8336
an Indian tribal court that is or was substantially equivalent to	8337
any offense listed in division (D)(2)(a), (b), (c), (d), or (e) of	8338
this section and that, if committed by an adult, would be a felony	8339
of the first, second, third, or fourth degree;	8340

(g) Subject to division (D)(2)(h) of this section, any	8341
attempt to commit, conspiracy to commit, or complicity in	8342
committing any offense listed in division (D)(2)(a), (b), (c),	8343
(d), (e), or (f) of this section;	8344

(h) If the child's case has been transferred for criminal	8345
prosecution under section 2152.12 of the Revised Code, the act is	8346
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	8347
(f) of this section or would be any offense listed in any of those	8348
divisions if committed by an adult.	8349

(E) "Sexual predator" means a person to whom either of the	8350
following applies:	8351

(1) The person has been convicted of or pleaded guilty to	8352
committing a sexually oriented offense and is likely to engage in	8353
the future in one or more sexually oriented offenses.	8354

(2) The person has been adjudicated a delinquent child for	8355
committing a sexually oriented offense, was fourteen years of age	8356
or older at the time of committing the offense, was classified a	8357
juvenile sex offender registrant based on that adjudication, and	8358
is likely to engage in the future in one or more sexually oriented	8359
offenses.	8360

(F) "Supervised release" means a release of an offender from	8361
a prison term, a term of imprisonment, or another type of	8362
confinement that satisfies either of the following conditions:	8363

(1) The release is on parole, a conditional pardon, or	8364
probationunder a community control sanction, under transitional	8365
control, or under a post-release control sanction, and it requires	8366
the person to report to or be supervised by a parole officer,	8367
probation officer, field officer, or another type of supervising	8368
officer.	8369

(2) The release is any type of release that is not described	8370
in division (F)(1) of this section and that requires the person to	8371
report to or be supervised by a probation officer, a parole	8372
officer, a field officer, or another type of supervising officer.	8373

(G) An offender or delinquent child is "adjudicated as being	8374
a sexual predator" or "adjudicated a sexual predator" if any of	8375
the following applies and if that status has not been removed	8376
pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised	8377
Code:	8378

(1) The offender is convicted of or pleads guilty to	8379
committing, on or after January 1, 1997, a sexually oriented	8380
offense that is a sexually violent offense and also is convicted	8381
of or pleads guilty to a sexually violent predator specification	8382
that was included in the indictment, count in the indictment, or	8383
information that charged the sexually violent offense.	8384

(2) Regardless of when the sexually oriented offense was	8385
committed, on or after January 1, 1997, the offender is sentenced	8386
for a sexually oriented offense, and the sentencing judge	8387
determines pursuant to division (B) of section 2950.09 of the	8388
Revised Code that the offender is a sexual predator.	8389

(3) The delinquent child is adjudicated a delinquent child	8390
for committing a sexually oriented offense, was fourteen years of	8391
age or older at the time of committing the offense, and has been	8392
classified a juvenile sex offender registrant based on that	8393
adjudication, and the adjudicating judge or that judge's successor	8394
in office determines pursuant to division (B) of section 2950.09	8395
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	8396
the Revised Code that the delinquent child is a sexual predator.	8397

(4) Prior to January 1, 1997, the offender was convicted of	8398
or pleaded guilty to, and was sentenced for, a sexually oriented	8399
offense, the offender is imprisoned in a state correctional	8400
institution on or after January 1, 1997, and the court determines	8401
pursuant to division (C) of section 2950.09 of the Revised Code	8402
that the offender is a sexual predator.	8403

(5) Regardless of when the sexually oriented offense was	8404
committed, the offender or delinquent child is convicted of or	8405
pleads guilty to, has been convicted of or pleaded guilty to, or	8406
is adjudicated a delinquent child for committing a sexually	8407
oriented offense in another state or in a federal court, military	8408
court, or an Indian tribal court, as a result of that conviction,	8409
plea of guilty, or adjudication, the offender or delinquent child	8410
is required, under the law of the jurisdiction in which the	8411
offender was convicted or pleaded guilty or the delinquent child	8412
was adjudicated, to register as a sex offender until the	8413
offender's or delinquent child's death and to verify the	8414
offender's or delinquent child's address on at least a quarterly	8415
basis each year, and, on or after July 1, 1997, for offenders or	8416
January 1, 2002, for delinquent children the offender or	8417
delinquent child moves to and resides in this state or temporarily	8418
is domiciled in this state for more than seven days, unless a	8419
court of common pleas or juvenile court determines that the	8420
offender or delinquent child is not a sexual predator pursuant to	8421
division (F) of section 2950.09 of the Revised Code.	8422

(H) "Sexually violent predator specification" and "sexually	8423
violent offense" have the same meanings as in section 2971.01 of	8424
the Revised Code.	8425

(I) "Post-release control sanction" and "transitional	8426
control" have the same meanings as in section 2967.01 of the	8427
Revised Code.	8428

(J) "Juvenile sex offender registrant" means a person who is	8429
adjudicated a delinquent child for committing on or after January	8430
1, 2002, a sexually oriented offense, who is fourteen years of age	8431
or older at the time of committing the offense, and who a juvenile	8432
court judge, pursuant to an order issued under section 2152.82,	8433
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a	8434
juvenile sex offender registrant and specifies has a duty to	8435
register under section 2950.04 of the Revised Code.	8436

(K) "Secure facility" means any facility that is designed	8437
and operated to ensure that all of its entrances and exits are	8438
locked and under the exclusive control of its staff and to ensure	8439
that, because of that exclusive control, no person who is	8440
institutionalized or confined in the facility may leave the	8441
facility without permission or supervision.	8442

(L) "Out-of-state juvenile sex offender registrant" means a	8443
person who is adjudicated a delinquent child for committing a	8444
sexually oriented offense in another state or in a federal court,	8445
military court, or Indian tribal court, who on or after January 1,	8446
2002, moves to and resides in this state or temporarily is	8447
domiciled in this state for more than seven days, and who under	8448
section 2950.04 of the Revised Code has a duty to register in this	8449
state as described in that section.	8450

(M) "Juvenile court judge" includes a magistrate to whom the	8451
juvenile court judge confers duties pursuant to division (A)(15)	8452
of section 2151.23 of the Revised Code.	8453

(N) "Adjudicated a delinquent child for committing a sexually	8454
oriented offense" includes a child who receives a serious youthful	8455
offender dispositional sentence under section 2152.13 of the	8456
Revised Code for committing a sexually oriented offense.	8457

(O) "Community control sanction" has the same meaning as in	8458
section 2929.01 of the Revised Code.	8459

Sec. 2950.99.  (A) Whoever violates a prohibition in section	8460
2950.04, 2950.05, or 2950.06 of the Revised Code is guilty of a	8461
felony of the fifth degree if the most serious sexually oriented	8462
offense that was the basis of the registration, change of address	8463
notification, or address verification requirement that was	8464
violated under the prohibition is a felony if committed by an	8465
adult, and a misdemeanor of the first degree if the most serious	8466
sexually oriented offense that was the basis of the registration,	8467
change of address notification, or address verification	8468
requirement that was violated under the prohibition is a	8469
misdemeanor if committed by an adult. In addition to any penalty	8470
or sanction imposed for the violation, if the offender or	8471
delinquent child is subject to a community control sanction, is on	8472
probation or parole, is subject to one or more post-release	8473
control sanctions, or is subject to any other type of supervised	8474
release at the time of the violation, the violation shall	8475
constitute a violation of the terms and conditions of the	8476
probationcommunity control sanction, parole, post-release control	8477
sanction, or other type of supervised release.	8478

(B) If a person violates a prohibition in section 2950.04,	8479
2950.05, or 2950.06 of the Revised Code that applies to the person	8480
as a result of the person being adjudicated a delinquent child and	8481
being classified a juvenile sex offender registrant or is an	8482
out-of-state juvenile sex offender registrant, both of the	8483
following apply:	8484

(1) If the violation occurs while the person is under	8485
eighteen years of age, the person is subject to proceedings under	8486
Chapter 2152. of the Revised Code based on the violation.	8487

(2) If the violation occurs while the person is eighteen	8488
years of age or older, the person is subject to criminal	8489
prosecution based on the violation.	8490

Sec. 2951.01. The definition of "magistrate" set forthAs	8491
used in this chapter:	8492

(A) "Magistrate" has the same meaning as in section 2931.01	8493
of the Revised Code applies to Chapter 2951. of the Revised Code.	8494

(B) "Community control sanction" has the same meaning as in	8495
section 2929.01 of the Revised Code.	8496

(C) "Ignition interlock device" has the same meaning as in	8497
section 4511.83 of the Revised Code.	8498

(D) "Multicounty department of probation" means a probation	8499
department established under section 2301.27 of the Revised Code	8500
to serve more than one county.	8501

(E) "Probation agency" means a county department of	8502
probation, a multicounty department of probation, a municipal	8503
court department of probation established under section 1901.33 of	8504
the Revised Code, or the adult parole authority.	8505

(F) "County-operated municipal court" and "legislative	8506
authority" have the same meanings as in section 1901.03 of the	8507
Revised Code.	8508

(G) "Detention facility" has the same meaning as in section	8509
2921.01 of the Revised Code.	8510

(H) "Repeat offender" and "dangerous offender" have the same	8511
meanings as in section 2935.36 of the Revised Code.	8512

(I) "Minor drug possession offense" has the same meaning as	8513
in section 2925.01 of the Revised Code.	8514

(J) "Peace officer" has the same meaning as in section	8515
2935.01 of the Revised Code.	8516

(K) "Firearm," "deadly weapon," and "dangerous ordnance" have	8517
the same meanings as in section 2923.11 of the Revised Code.	8518

Sec. 2951.011.  (A)(1) Chapter 2951. of the Revised Code, as	8519
it existed prior to July 1, 1996, applies to a person upon whom a	8520
court imposed a term of imprisonment prior to July 1, 1996, and a	8521
person upon whom a court, on or after July 1, 1996, and in	8522
accordance with law existing prior to July 1, 1996, imposed a term	8523
of imprisonment for an offense that was committed prior to July 1,	8524
1996.	8525

(B)(2) Chapter 2951. of the Revised Code as it exists on and	8526
after July 1, 1996, applies to a person upon whom a court imposed	8527
a stated prison term for an offense committed on or after July 1,	8528
1996.	8529

(B)(1) Except as provided in division (A)(1) of this section,	8530
Chapter 2951. of the Revised Code, as it existed prior to July 1,	8531
2003, applies to a person upon whom a court imposed a sentence for	8532
a misdemeanor offense prior to July 1, 2003, and a person upon	8533
whom a court, on or after July 1, 2003, and in accordance with law	8534
existing prior to July 1, 2003, imposed a sentence for a	8535
misdemeanor offense that was committed prior to July 1, 2003.	8536

(2) Except as provided in division (A)(2) of this section,	8537
Chapter 2951. of the Revised Code as it exists on and after July	8538
1, 2003, applies to a person upon whom a court imposes a sentence	8539
for a misdemeanor offense committed on or after July 1, 2003.	8540

Sec. 2951.02.  (A)(1) In determining whether to suspend a	8541
sentence of imprisonment imposed upon an offender for a	8542
misdemeanor and place the offender on probation or whether to	8543
otherwise suspend a sentence of imprisonment imposed upon an	8544
offender for a misdemeanor pursuant to division (A) of section	8545
2929.51 of the Revised Code, the court shall consider the risk	8546
that the offender will commit another offense and the need for	8547
protecting the public from the risk, the nature and circumstances	8548
of the offense, and the history, character, and condition of the	8549
offender.	8550

(2) An offender who has been convicted of or pleaded guilty	8551
to a misdemeanor shall not be placed on probation and shall not	8552
otherwise have the sentence of imprisonment imposed upon the	8553
offender suspended pursuant to division (A) of section 2929.51 of	8554
the Revised Code if either of the following applies:	8555

(a) The offender is a repeat or dangerous offender.

8556

(b) The misdemeanor offense involved was not a violation of	8557
section 2923.12 of the Revised Code and was committed while the	8558
offender was armed with a firearm or dangerous ordnance.	8559

(B) The following do not control the court's discretion but	8560
the court shall consider them in favor of placing an offender who	8561
has been convicted of or pleaded guilty to a misdemeanor on	8562
probation or in favor of otherwise suspending the offender's	8563
sentence of imprisonment pursuant to division (A) of section	8564
2929.51 of the Revised Code:	8565

(1) The offense neither caused nor threatened serious harm	8566
to persons or property, or the offender did not contemplate that	8567
it would do so.	8568

(2) The offense was the result of circumstances unlikely to	8569
recur.	8570

(3) The victim of the offense induced or facilitated it.

8571

(4) There are substantial grounds tending to excuse or	8572
justify the offense, though failing to establish a defense.	8573

(5) The offender acted under strong provocation.

8574

(6) The offender has no history of prior delinquency or	8575
criminal activity, or has led a law-abiding life for a substantial	8576
period before commission of the present offense.	8577

(7) The offender is likely to respond affirmatively to	8578
probationary or other court-imposed treatment.	8579

(8) The character and attitudes of the offender indicate	8580
that the offender is unlikely to commit another offense.	8581

(9) The offender has made or will make restitution or	8582
reparation to the victim of the offender's offense for the injury,	8583
damage, or loss sustained.	8584

(10) Imprisonment of the offender will entail undue hardship	8585
to the offender or the offender's dependents.	8586

(C)(1) When an offender who has been convicted of or pleaded	8587
guilty to a misdemeanor is placed on probation or the sentence of	8588
that type of offender otherwise is suspended pursuant to division	8589
(A) of section 2929.51 of the Revised Code, the probation or other	8590
suspension shall be at least on condition that, during the period	8591
of probation or other suspension, the offender shall abide by the	8592
law and shall not leave the state without the permission of the	8593
court or the offender's probation officer. In the interests of	8594
doing justice, rehabilitating the offender, and ensuring the	8595
offender's good behavior, the court may impose additional	8596
requirements on the offender. Compliance with the additional	8597
requirements imposed under this division also shall be a condition	8598
of the offender's probation or other suspension. The additional	8599
requirements so imposed may include, but shall not be limited to,	8600
any of the following:	8601

(a) A requirement that the offender make restitution	8602
pursuant to section 2929.21 of the Revised Code for all or part of	8603
the property damage that is caused by the offender's offense and	8604
for all or part of the value of the property that is the subject	8605
of any theft offense that the offender committed;	8606

(b) If the offense is a violation of section 2919.25 or a	8607
violation of section 2903.13 of the Revised Code involving a	8608
person who was a family or household member at the time of the	8609
violation, if the offender committed the offense in the vicinity	8610
of one or more children who are not victims of the offense, and if	8611
the offender or the victim of the offense is a parent, guardian,	8612
custodian, or person in loco parentis of one or more of those	8613
children, a requirement that the offender obtain counseling. This	8614
division does not limit the court in imposing a requirement that	8615
the offender obtain counseling for any offense or in any	8616
circumstance not specified in this division.	8617

(c) A requirement that the offender not ingest or be	8618
injected with a drug of abuse and submit to random drug testing	8619
and requiring that the results of the drug test indicate that the	8620
offender did not ingest or was not injected with a drug of abuse.	8621
If the court requires the offender to submit to random drug	8622
testing under division (C)(1)(c) of this section, the county	8623
department of probation, the multicounty department of probation,	8624
or the adult parole authority, as appropriate, that has general	8625
control and supervision of offenders who are on probation or other	8626
suspension or are under a nonresidential sanction, shall cause the	8627
offender to submit to random drug testing pursuant to section	8628
2951.05 of the Revised Code.	8629

(2) During the period of a misdemeanor offender's probation	8630
community control sanction or other suspension or during the	8631
period of a felon'sfelony offender's nonresidential sanction,	8632
authorized probation officers who are engaged within the scope of	8633
their supervisory duties or responsibilities may search, with or	8634
without a warrant, the person of the offender, the place of	8635
residence of the offender, and a motor vehicle, another item of	8636
tangible or intangible personal property, or other real property	8637
in which the offender has a right, title, or interest or for which	8638
the offender has the express or implied permission of a person	8639
with a right, title, or interest to use, occupy, or possess if the	8640
probation officers have reasonable grounds to believe that the	8641
offender is not abiding by the law or otherwise is not complying	8642
with the conditions of the misdemeanor offender's probation or	8643
other suspensioncommunity control sanction or the conditions of	8644
the felony offender's nonresidential sanction. If a felonfelony	8645
offender who is sentenced to a nonresidential sanction is under	8646
the general control and supervision of the adult parole authority,	8647
as described in division (A)(2)(a) of section 2929.15 of the	8648
Revised Code, adult parole authority field officers with	8649
supervisory responsibilities over the felonfelony offender shall	8650
have the same search authority relative to the felonfelony	8651
offender during the period of the sanction asthat is described	8652
under this division for probation officers. The court that places	8653
the misdemeanor offender on probation or suspends the misdemeanor	8654
offender's sentence of imprisonmentunder a community control	8655
sanction pursuant to division (D)(2) or (4) of section 2929.51	8656
2929.25 of the Revised Code or that sentences the felonfelony	8657
offender to a nonresidential sanction pursuant to section 2929.17	8658
of the Revised Code shall provide the offender with a written	8659
notice that informs the offender that authorized probation	8660
officers or adult parole authority field officers with supervisory	8661
responsibilities over the offender who are engaged within the	8662
scope of their supervisory duties or responsibilities may conduct	8663
those types of searches during the period of probation or other	8664
suspension or during the period of the community control sanction	8665
or nonresidential sanction if they have reasonable grounds to	8666
believe that the offender is not abiding by the law or otherwise	8667
is not complying with the conditions of the offender's probation	8668
or other suspension or the conditions of the offender'scommunity	8669
control sanction or nonresidential sanction.	8670

(D) The following do not control the court's discretion but	8671
the court shall consider them against placing an offender who has	8672
been convicted of or pleaded guilty to a misdemeanor on probation	8673
and against otherwise suspending the offender's sentence of	8674
imprisonment pursuant to division (A) of section 2929.51 of the	8675
Revised Code:	8676

(1) The offender recently violated the conditions of pardon,	8677
post-release control pursuant to section 2967.28 of the Revised	8678
Code, or a probation or suspension pursuant to division (A) of	8679
section 2929.51 of the Revised Code, previously granted the	8680
offender.	8681

(2) There is a substantial risk that, while at liberty	8682
during the period of probation or other suspension, the offender	8683
will commit another offense.	8684

(3) The offender is in need of correctional or	8685
rehabilitative treatment that can be provided best by the	8686
offender's commitment to a locally governed and operated	8687
residential facility.	8688

(4) Regardless of whether the offender knew the age of the	8689
victim, the victim of the offense was sixty-five years of age or	8690
older or permanently and totally disabled at the time of the	8691
commission of the offense.	8692

(E) The criteria listed in divisions (B) and (D) of this	8693
section shall not be construed to limit the matters that may be	8694
considered in determining whether to suspend sentence of	8695
imprisonment and place an offender who has been convicted of or	8696
pleaded guilty to a misdemeanor on probation or whether to	8697
otherwise suspend the offender's sentence of imprisonment pursuant	8698
to division (A) of section 2929.51 of the Revised Code.	8699

(F)(1) When(B) If an offender is convicted of or pleads	8700
guilty to a misdemeanor, the court may require the offender, as a	8701
condition of probation or as a condition of otherwise suspending	8702
the offender's sentence pursuant to division (A) of section	8703
2929.51 of the Revised Code, in addition to the conditions of	8704
probation or other suspension imposed pursuant to division (C) of	8705
this sectionof a community control sanction, to perform	8706
supervised community service work in accordance with this	8707
division. If an offender is convicted of or pleads guilty to a	8708
felony, the court, pursuant to sections 2929.15 and 2929.17 of the	8709
Revised Code, may impose a sanction that requires the offender to	8710
perform supervised community service work in accordance with this	8711
division. The supervised community service work shall be under	8712
the authority of health districts, park districts, counties,	8713
municipal corporations, townships, other political subdivisions of	8714
the state, or agencies of the state or any of its political	8715
subdivisions, or under the authority of charitable organizations	8716
that render services to the community or its citizens, in	8717
accordance with this division. Supervised community service work	8718
shall not be required as a condition of probation or other	8719
suspension under this division unless the offender agrees to	8720
perform the work offered as a condition of probation or other	8721
suspension by the court. The court may require an offender who	8722
agreesis ordered to perform the work to pay to it a reasonable	8723
fee to cover the costs of the offender's participation in the	8724
work, including, but not limited to, the costs of procuring a	8725
policy or policies of liability insurance to cover the period	8726
during which the offender will perform the work.	8727

A court may permit any offender convicted of a felony or a	8728
misdemeanor to satisfy the payment of a fine imposed for the	8729
offense pursuant to section 2929.18 or 2929.28 of the Revised Code	8730
by performing supervised community service work as described in	8731
this division if the offender requests an opportunity to satisfy	8732
the payment by this means and if the court determines that the	8733
offender is financially unable to pay the fine.	8734

The supervised community service work that may be imposed	8735
under this division shall be subject to the following limitations:	8736

(a)(1) The court shall fix the period of the work and, if	8737
necessary, shall distribute it over weekends or over other	8738
appropriate times that will allow the offender to continue at the	8739
offender's occupation or to care for the offender's family. The	8740
period of the work as fixed by the court shall not exceed anin	8741
the aggregate of two hundredthe number of hours of community	8742
service imposed by the court pursuant to section 2929.17 or	8743
2929.27 of the Revised Code.	8744

(b)(2) An agency, political subdivision, or charitable	8745
organization must agree to accept the offender for the work before	8746
the court requires the offender to perform the work for the	8747
entity. A court shall not require an offender to perform	8748
supervised community service work for an agency, political	8749
subdivision, or charitable organization at a location that is an	8750
unreasonable distance from the offender's residence or domicile,	8751
unless the offender is provided with transportation to the	8752
location where the work is to be performed.	8753

(c)(3) A court may enter into an agreement with a county	8754
department of job and family services for the management,	8755
placement, and supervision of offenders eligible for community	8756
service work in work activities, developmental activities, and	8757
alternative work activities under sections 5107.40 to 5107.69 of	8758
the Revised Code. If a court and a county department of job and	8759
family services have entered into an agreement of that nature, the	8760
clerk of that court is authorized to pay directly to the county	8761
department all or a portion of the fees collected by the court	8762
pursuant to this division in accordance with the terms of its	8763
agreement.	8764

(d)(4) Community service work that a court requires under	8765
this division shall be supervised by an official of the agency,	8766
political subdivision, or charitable organization for which the	8767
work is performed or by a person designated by the agency,	8768
political subdivision, or charitable organization. The official	8769
or designated person shall be qualified for the supervision by	8770
education, training, or experience, and periodically shall report,	8771
in writing, to the court and to the offender's probation officer	8772
concerning the conduct of the offender in performing the work.	8773

(2) When an offender is convicted of a felony, the court may	8774
impose pursuant to sections 2929.15 and 2929.17 of the Revised	8775
Code a sanction that requires the offender to perform supervised	8776
community service work in accordance with this division and under	8777
the authority of any agency, political subdivision, or charitable	8778
organization as described in division (F)(1) of this section. The	8779
court may require an offender who is ordered to perform the work	8780
to pay to it a reasonable fee to cover the costs of the offender's	8781
participation in the work, including, but not limited to, the	8782
costs of procuring a policy or policies of liability insurance to	8783
cover the period during which the offender will perform the work.	8784

A court may permit an offender convicted of a felony to	8785
satisfy the payment of a fine imposed for the offense pursuant to	8786
section 2929.18 of the Revised Code by performing supervised	8787
community service work as described in this division if the court	8788
determines that the offender is financially unable to pay the	8789
fine.	8790

The supervised community service work that may be imposed	8791
under this division shall be subject to the limitations specified	8792
in divisions (F)(1)(a) to (d) of this section, except that the	8793
court is not required to obtain the agreement of the offender to	8794
impose supervised community work as a sanction. Additionally, the	8795
(5) The total of any period of supervised community service work	8796
imposed on an offender under this division (B) of this section	8797
plus the period of all other sanctions imposed pursuant to	8798
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised	8799
Code for a felony, or pursuant to sections 2929.25, 2929.26,	8800
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall	8801
not exceed five years.	8802

(G)(C)(1) WhenIf an offender is convicted of a violation of	8803
section 4511.19 of the Revised Code, a municipal ordinance	8804
relating to operating a vehicle while under the influence of	8805
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a	8806
municipal ordinance relating to operating a vehicle with a	8807
prohibited concentration of alcohol in the blood, breath, or	8808
urine, the court may require, as a condition of probation in	8809
addition to the required conditions of probation and the	8810
discretionary conditions of probation that may be imposed pursuant	8811
to division (C) of this sectiona community control sanction, any	8812
suspension or revocation of a driver's or commercial driver's	8813
license or permit or nonresident operating privilege, and all	8814
other penalties provided by law or by ordinance, that the offender	8815
operate only a motor vehicle equipped with an ignition interlock	8816
device that is certified pursuant to section 4511.83 of the	8817
Revised Code.	8818

(2) WhenIf a court requires an offender, as a condition of	8819
probationa community control sanction pursuant to division	8820
(G)(C)(1) of this section, to operate only a motor vehicle	8821
equipped with an ignition interlock device that is certified	8822
pursuant to section 4511.83 of the Revised Code, the offender	8823
immediately shall surrender the offender's driver's or commercial	8824
driver's license or permit to the court. Upon the receipt of the	8825
offender's license or permit, the court shall issue an order	8826
authorizing the offender to operate a motor vehicle equipped with	8827
a certified ignition interlock device, deliver the offender's	8828
license or permit to the bureau of motor vehicles, and include in	8829
the abstract of the case forwarded to the bureau pursuant to	8830
section 4507.021 of the Revised Code the conditions of probation	8831
the community control sanction imposed pursuant to division	8832
(G)(C)(1) of this section. The court shall give the offender a	8833
copy of its order, and that copy shall be used by the offender in	8834
lieu of a driver's or commercial driver's license or permit until	8835
the bureau issues a restricted license to the offender.	8836

(3) Upon receipt of an offender's driver's or commercial	8837
driver's license or permit pursuant to division (G)(C)(2) of this	8838
section, the bureau of motor vehicles shall issue a restricted	8839
license to the offender. The restricted license shall be	8840
identical to the surrendered license, except that it shall have	8841
printed on its face a statement that the offender is prohibited	8842
from operating a motor vehicle that is not equipped with an	8843
ignition interlock device that is certified pursuant to section	8844
4511.83 of the Revised Code. The bureau shall deliver the	8845
offender's surrendered license or permit to the court upon receipt	8846
of a court order requiring it to do so, or reissue the offender's	8847
license or permit under section 4507.54 of the Revised Code if the	8848
registrar destroyed the offender's license or permit under that	8849
section. The offender shall surrender the restricted license to	8850
the court upon receipt of the offender's surrendered license or	8851
permit.	8852

(4) If an offender violates a requirement of the court	8853
imposed under division (G)(C)(1) of this section, the offender's	8854
driver's or commercial driver's license or permit or nonresident	8855
operating privilege may be suspended as provided in section	8856
4507.16 of the Revised Code.	8857

(H) As used in this section:

8858

(1) "Repeat offender" and "dangerous offender" have the same	8859
meanings as in section 2935.36 of the Revised Code.	8860

(2) "Firearm" and "dangerous ordnance" have the same	8861
meanings as in section 2923.11 of the Revised Code.	8862

(3) "Theft offense" has the same meaning as in section	8863
2913.01 of the Revised Code.	8864

(4) "Random drug testing" has the same meaning as in section	8865
5120.63 of the Revised Code.	8866

(5) "Ignition interlock device" has the same meaning as in	8867
section 4511.83 of the Revised Code.	8868

Sec. 2951.021.  (A) As used in this section:

8869

(1) "Multicounty department of probation" means a probation	8870
department established under section 2301.27 of the Revised Code	8871
to serve more than one county.	8872

(2) "Probation agency" means a county department of	8873
probation, a multicounty department of probation, a municipal	8874
court department of probation established under section 1901.33 of	8875
the Revised Code, or the adult parole authority.	8876

(3) "County-operated municipal court" and "legislative	8877
authority" have the same meanings as in section 1901.03 of the	8878
Revised Code.	8879

(4) "Detention facility" has the same meaning as in section	8880
2921.01 of the Revised Code.	8881

(B)(1) If a court places a misdemeanor offender on probation	8882
under a community control sanction under section 2929.26, 2929.27,	8883
or 2929.28 of the Revised Code or places a felony offender under a	8884
community control sanction under section 2929.16, 2929.17, or	8885
2929.18 of the Revised Code and if the court places the offender	8886
under the control and supervision of a probation agency, the court	8887
may require the offender, as a condition of probation or of	8888
community control, to pay a monthly supervision fee of not more	8889
than fifty dollars for supervision services. If the court	8890
requires an offender to pay a monthly supervision fee and the	8891
offender will be under the control of a county department of	8892
probation, a multicounty department of probation, or a municipal	8893
court department of probation established under section 1901.33 of	8894
the Revised Code, the court shall specify whether the offender is	8895
to pay the fee to the probation agency that will have control over	8896
the offender or to the clerk of the court for which the	8897
supervision agency is established. If the court requires an	8898
offender to pay a monthly probation fee and the offender will be	8899
under the control of the adult parole authority, the court shall	8900
specify that the offender is to pay the fee to the clerk of the	8901
court of common pleas.	8902

(2) No person shall be assessed, in any month, more than	8903
fifty dollars in supervision fees.	8904

(3) The prosecuting attorney of the county or the chief	8905
legal officer of a municipal corporation in which is located the	8906
court that imposed sentence upon an offender may bring a civil	8907
action to recover unpaid monthly supervision fees that the	8908
offender was required to pay. Any amount recovered in the civil	8909
action shall be paid into the appropriate county or municipal	8910
probation services fund in accordance with division (C)(B) of this	8911
section.	8912

(4) The failure of an offender to comply with a condition of	8913
probation or of community control that requires the offender to	8914
pay a monthly supervision fee and that is imposed under division	8915
(B)(A)(1) of this section shall not constitute the basis for a	8916
revocation of the offender's probation and the imposition of the	8917
offender's sentence under section 2951.09 of the Revised Code or	8918
the modification of the offender's community control sanctions	8919
pursuant to section 2929.15 or2929.25 of the Revised Code but may	8920
be considered with any other factors that form the basis of a	8921
revocation of probation or modification of a sanction for	8922
violating a community control sanction under those sections. If	8923
the court determines at a hearing held pursuant to section 2951.09	8924
of the Revised Code that a misdemeanor offender on probation	8925
community control failed to pay a monthly supervision fee imposed	8926
under division (B)(A)(1) of this section and that no other factors	8927
warranting revocation of probationthe modification of the	8928
offender's community control sanction are present, the court shall	8929
not revoke the offender's probation, shall remand the offender to	8930
the custody of the probation agency, and may impose any additional	8931
conditions of probationcommunity control upon the offender,	8932
including a requirement that the offender perform community	8933
service, as the ends of justice require. Any requirement imposed	8934
pursuant to division (B)(A)(4) of this section that the offender	8935
perform community service shall be in addition to and shall not	8936
limit or otherwise affect any order that the offender perform	8937
community service pursuant to division (F)(1)(a)(B) of section	8938
2951.02 of the Revised Code.	8939

(C)(B) Prior to the last day of the month in each month	8940
during the period of probation or of community control, an	8941
offender who is ordered to pay a monthly supervision fee under	8942
this section shall pay the fee to the probation agency that has	8943
control and supervision over the offender or to the clerk of the	8944
court for which the probation agency is established, as specified	8945
by the court, except that, if the probation agency is the adult	8946
parole authority, the offender shall pay the fee to the clerk of	8947
the court of common pleas. Each probation agency or clerk of a	8948
court that receives any monthly supervision fees shall keep a	8949
record of the monthly supervision fees that are paid to the agency	8950
or the clerk and shall give a written receipt to each person who	8951
pays a supervision fee to the agency or clerk.	8952

(D)(C) Subject to division (F)(E) of this section, all	8953
monthly supervision fees collected under this section by a	8954
probation agency or the clerk of a court shall be disposed of in	8955
the following manner:	8956

(1) For offenders who are under the control and supervision	8957
of a county department of probation or a municipal court	8958
department of probation in a county-operated municipal court, on	8959
or before the fifth business day of each month, the chief	8960
probation officer, the chief probation officer's designee, or the	8961
clerk of the court shall pay all monthly supervision fees	8962
collected in the previous month to the county treasurer of the	8963
county in which the county department of probation or municipal	8964
court department of probation is established for deposit into the	8965
county probation services fund established in the county treasury	8966
of that county pursuant to division (A)(1) section 321.44 of the	8967
Revised Code.	8968

(2) For offenders who are under the control and supervision	8969
of a multicounty department of probation, on or before the fifth	8970
business day of each month, the chief probation officer, the chief	8971
probation officer's designee, or the clerk of the court shall pay	8972
all monthly supervision fees collected in the previous month to	8973
the county treasurer of the county in which is located the court	8974
of common pleas that placed the offender on probation or under a	8975
community control sanction under the control of the department for	8976
deposit into the county probation services fund established in the	8977
county treasury of that county pursuant to division (A)(1) of	8978
section 321.44 of the Revised Code and for subsequent	8979
appropriation and transfer in accordance with division (A)(2) of	8980
that section to the appropriate multicounty probation services	8981
fund established pursuant to division (B) of that section.	8982

(3) For offenders who are under the control and supervision	8983
of a municipal court department of probation in a municipal court	8984
that is not a county-operated municipal court, on or before the	8985
fifth business day of each month, the chief probation officer, the	8986
chief probation officer's designee, or the clerk of the court	8987
shall pay all monthly supervision fees collected in the previous	8988
month to the treasurer of the municipal corporation for deposit	8989
into the municipal probation services fund established pursuant to	8990
section 737.41 of the Revised Code.	8991

(4) For offenders who are under the control and supervision	8992
of the adult parole authority, the clerk of the court of common	8993
pleas, on or before the fifth business day of January, April,	8994
July, and October, shall pay all monthly supervision fees	8995
collected by the clerk in the previous three months to the	8996
treasurer of the county in which is located the court of common	8997
pleas that placed the offender on probation or under a community	8998
control sanction under the control of the authority for deposit	8999
into the county probation services fund established in the county	9000
treasury of that county pursuant to division (A)(1) of section	9001
321.44 of the Revised Code and for subsequent appropriation and	9002
transfer in accordance with division (A)(2) of that section to the	9003
adult parole authority probation services fund established	9004
pursuant to section 5149.06 of the Revised Code.	9005

(E)(D) Not later than the first day of December of each	9006
year, each probation agency shall prepare a report regarding its	9007
use of money from a county probation services fund, a multicounty	9008
probation services fund, a municipal probation services fund, or	9009
the adult parole authority probation services fund, whichever is	9010
applicable. The report shall specify the amount appropriated from	9011
the fund to the probation agency during the current calendar year,	9012
an estimate of the amount that the probation agency will expend by	9013
the end of the year, a summary of how the amount appropriated has	9014
been expended for probation services, and an estimate of the	9015
amount of supervision fees that the probation agency will collect	9016
and pay to the appropriate treasurer for deposit in the	9017
appropriate fund in the next calendar year. The report shall be	9018
filed with one of the following:	9019

(1) If the probation agency is a county department of	9020
probation or a municipal court department of probation in a	9021
county-operated municipal court, with the board of county	9022
commissioners of that county;	9023

(2) If the probation agency is a multicounty department of	9024
probation, with the board of county commissioners of the county	9025
whose treasurer, in accordance with section 2301.27 of the Revised	9026
Code, is designated as the treasurer to whom supervision fees	9027
collected under this section are to be appropriated and	9028
transferred under division (A)(2) of section 321.44 of the Revised	9029
Code;	9030

(3) If the probation agency is a department of probation of	9031
a municipal court that is not a county-operated municipal court,	9032
with the legislative authority of the municipal corporation that	9033
operates the court;	9034

(4) If the probation agency is the adult parole authority,	9035
with the chairmenchairpersons of the finance committees of the	9036
senate and the house of representatives, the directors of the	9037
office of budget and management and the legislative budget office	9038
service commission, and the board of county commissioners in each	9039
county for which the adult parole authority provides probation	9040
services.	9041

(F)(E) If the clerk of a court of common pleas or the clerk	9042
of a municipal court collects any monthly supervision fees under	9043
this section, the clerk may retain up to two per cent of the fees	9044
so collected to cover any administrative costs experienced in	9045
complying with the clerk's duties under this section.	9046

Sec. 2951.041.  (A)(1) If an offender is charged with a	9047
criminal offense and the court has reason to believe that drug or	9048
alcohol usage by the offender was a factor leading to the	9049
offender's criminal behavior, the court may accept, prior to the	9050
entry of a guilty plea, the offender's request for intervention in	9051
lieu of conviction. The request shall include a waiver of the	9052
defendant's right to a speedy trial, the preliminary hearing, the	9053
time period within which the grand jury may consider an indictment	9054
against the offender, and arraignment, unless the hearing,	9055
indictment, or arraignment has already occurred. The court may	9056
reject an offender's request without a hearing. If the court	9057
elects to consider an offender's request, the court shall conduct	9058
a hearing to determine whether the offender is eligible under this	9059
section for intervention in lieu of conviction and shall stay all	9060
criminal proceedings pending the outcome of the hearing. If the	9061
court schedules a hearing, the court shall order an assessment of	9062
the offender for the purpose of determining the offender's	9063
eligibility for intervention in lieu of conviction and	9064
recommending an appropriate intervention plan.	9065

(2) The victim notification provisions of division (C) of	9066
section 2930.08 of the Revised Code apply in relation to any	9067
hearing held under division (A)(1) of this section.	9068

(B) An offender is eligible for intervention in lieu of	9069
conviction if the court finds all of the following:	9070

(1) The offender previously has not been convicted of or	9071
pleaded guilty to a felony, previously has not been through	9072
intervention in lieu of conviction under this section or any	9073
similar regimen, and is charged with a felony for which the court,	9074
upon conviction, would impose sentence under division (B)(2)(b) of	9075
section 2929.13 of the Revised Code or with a misdemeanor.	9076

(2) The offense is not a felony of the first, second, or	9077
third degree, is not an offense of violence, is not a violation of	9078
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	9079
not a violation of division (A)(1) of section 2903.08 of the	9080
Revised Code, is not a violation of division (A) of section	9081
4511.19 of the Revised Code or a municipal ordinance that is	9082
substantially similar to that division, and is not an offense for	9083
which a sentencing court is required to impose a mandatory prison	9084
term, a mandatory term of local incarceration, or a mandatory term	9085
of imprisonment in a jail.	9086

(3) The offender is not charged with a violation of section	9087
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is	9088
not charged with a violation of section 2925.11 of the Revised	9089
Code that is a felony of the first, second, or third degree.	9090

(4) The offender is not charged with a violation of section	9091
2925.11 of the Revised Code that is a felony of the fourth degree,	9092
or the offender is charged with a violation of that section that	9093
is a felony of the fourth degree and the prosecutor in the case	9094
has recommended that the offender be classified as being eligible	9095
for intervention in lieu of conviction under this section.	9096

(5) The offender has been assessed by an appropriately	9097
licensed provider, certified facility, or licensed and	9098
credentialed professional, including, but not limited to, a	9099
program licensed by the department of alcohol and drug addiction	9100
services pursuant to section 3793.11 of the Revised Code, a	9101
program certified by that department pursuant to section 3793.06	9102
of the Revised Code, a public or private hospital, the United	9103
States department of veterans affairs, another appropriate agency	9104
of the government of the United States, or a licensed physician,	9105
psychiatrist, psychologist, independent social worker,	9106
professional counselor, or chemical dependency counselor for the	9107
purpose of determining the offender's eligibility for intervention	9108
in lieu of conviction and recommending an appropriate intervention	9109
plan.	9110

(6) The offender's drug or alcohol usage was a factor	9111
leading to the criminal offense with which the offender is	9112
charged, intervention in lieu of conviction would not demean the	9113
seriousness of the offense, and intervention would substantially	9114
reduce the likelihood of any future criminal activity.	9115

(7) The alleged victim of the offense was not sixty-five	9116
years of age or older, permanently and totally disabled, under	9117
thirteen years of age, or a peace officer engaged in the officer's	9118
official duties at the time of the alleged offense.	9119

(8) If the offender is charged with a violation of section	9120
2925.24 of the Revised Code, the alleged violation did not result	9121
in physical harm to any person, and the offender previously has	9122
not been treated for drug abuse.	9123

(9) The offender is willing to comply with all terms and	9124
conditions imposed by the court pursuant to division (D) of this	9125
section.	9126

(C) At the conclusion of a hearing held pursuant to division	9127
(A) of this section, the court shall enter its determination as to	9128
whether the offender is eligible for intervention in lieu of	9129
conviction and as to whether to grant the offender's request. If	9130
the court finds under division (B) of this section that the	9131
offender is eligible for intervention in lieu of conviction and	9132
grants the offender's request, the court shall accept the	9133
offender's plea of guilty and waiver of the defendant's right to a	9134
speedy trial, the preliminary hearing, the time period within	9135
which the grand jury may consider an indictment against the	9136
offender, and arraignment, unless the hearing, indictment, or	9137
arraignment has already occurred. In addition, the court then may	9138
stay all criminal proceedings and order the offender to comply	9139
with all terms and conditions imposed by the court pursuant to	9140
division (D) of this section. If the court finds that the	9141
offender is not eligible or does not grant the offender's request,	9142
the criminal proceedings against the offender shall proceed as if	9143
the offender's request for intervention in lieu of conviction had	9144
not been made.	9145

(D) If the court grants an offender's request for	9146
intervention in lieu of conviction, the court shall place the	9147
offender under the general control and supervision of the county	9148
probation department, the adult parole authority, or another	9149
appropriate local probation or court services agency, if one	9150
exists, as if the offender was subject to a community control	9151
sanction imposed under section 2929.15 or, 2929.18, or 2929.25 of	9152
the Revised Code or was on probation under sections 2929.51 and	9153
2951.02 of the Revised Code and other provisions of the	9154
misdemeanor sentencing law. The court shall establish an	9155
intervention plan for the offender. The terms and conditions of	9156
the intervention plan shall require the offender, for at least one	9157
year from the date on which the court grants the order of	9158
intervention in lieu of conviction, to abstain from the use of	9159
illegal drugs and alcohol and to submit to regular random testing	9160
for drug and alcohol use and may include any other treatment terms	9161
and conditions, or terms and conditions similar to community	9162
control sanctions, that are ordered by the court.	9163

(E) If the court grants an offender's request for	9164
intervention in lieu of conviction and the court finds that the	9165
offender has successfully completed the intervention plan for the	9166
offender, including the requirement that the offender abstain from	9167
using drugs and alcohol for a period of at least one year from the	9168
date on which the court granted the order of intervention in lieu	9169
of conviction and all other terms and conditions ordered by the	9170
court, the court shall dismiss the proceedings against the	9171
offender. Successful completion of the intervention plan and	9172
period of abstinence under this section shall be without	9173
adjudication of guilt and is not a criminal conviction for	9174
purposes of any disqualification or disability imposed by law and	9175
upon conviction of a crime, and the court may order the sealing of	9176
records related to the offense in question in the manner provided	9177
in sections 2953.31 to 2953.36 of the Revised Code.	9178

(F) If the court grants an offender's request for	9179
intervention in lieu of conviction and the offender fails to	9180
comply with any term or condition imposed as part of the	9181
intervention plan for the offender, the supervising authority for	9182
the offender promptly shall advise the court of this failure, and	9183
the court shall hold a hearing to determine whether the offender	9184
failed to comply with any term or condition imposed as part of the	9185
plan. If the court determines that the offender has failed to	9186
comply with any of those terms and conditions, it shall enter a	9187
finding of guilty and shall impose an appropriate sanction under	9188
Chapter 2929. of the Revised Code.	9189

(G) As used in this section:

9190

(1) "Community control sanction" has the same meaning as in	9191
section 2929.01 of the Revised Code.	9192

(2) "Intervention in lieu of conviction" means any	9193
court-supervised activity that complies with this section.	9194

(3) "Peace officer" has the same meaning as in section	9195
2935.01 of the Revised Code.	9196

Sec. 2951.05.  (A) If an offender mentioned in section	9197
2951.02 of the Revised Code resides in the county in which the	9198
trial was conducted, the court that issues an order of probation	9199
shall place the offender under the control and supervision of a	9200
department of probation in the county that serves the court. If	9201
there is no department of probation in the county that serves the	9202
court, the probation order, under section 2301.32 of the Revised	9203
Code, may place the offender on probation in charge of the adult	9204
parole authority created by section 5149.02 of the Revised Code	9205
that then shall have the powers and duties of a county department	9206
of probation. If the offender resides in a county other than the	9207
county in which the court granting probation is located and a	9208
county department of probation has been established in the county	9209
of residence or the county of residence is served by a multicounty	9210
probation department, the order of probation may request the court	9211
of common pleas of the county in which the offender resides to	9212
receive the offender into the control and supervision of that	9213
county or multicounty department of probation, subject to the	9214
jurisdiction of the trial judge over and with respect to the	9215
person of the offender, and to the rules governing that department	9216
of probation. If the offender's county of residence has no county	9217
or multicounty department of probation, the judge may place the	9218
offender on probation in charge of the adult parole authority	9219
created by section 5149.02 of the Revised Code.	9220

(B)(1) A county department of probation, a multicounty	9221
department of probation, or the adult parole authority, as	9222
appropriate under division (A) of this section, that has general	9223
control and supervision of offenders who are required to submit to	9224
random drug testing under division (C)(1)(c)(A)(1)(a) of section	9225
2951.022929.25 of the Revised Code or who are subject to a	9226
nonresidential sanction that includes random drug testing under	9227
section 2929.17 or 2929.27 of the Revised Code, may cause each	9228
offender to submit to random drug testing performed by a	9229
laboratory or entity that has entered into a contract with any of	9230
the governmental entities or officers authorized to enter into a	9231
contract with that laboratory or entity under section 341.26,	9232
753.33, or 5120.63 of the Revised Code.	9233

(2) If no laboratory or entity described in division	9234
(B)(A)(1) of this section has entered into a contract as specified	9235
in those divisionsthat division, the county department of	9236
probation, the multicounty department of probation, or the adult	9237
parole authority, as appropriate, that has general control and	9238
supervision of offenders described in division (B)(1) of this	9239
section shall cause the offender to submit to random drug testing	9240
performed by a reputable public laboratory to determine whether	9241
the individual who is the subject of the drug test ingested or was	9242
injected with a drug of abuse.	9243

(3) A laboratory or entity that has entered into a contract	9244
pursuant toas specified in division (A)(1) of this section	9245
341.26, 753.33, or 5120.63 of the Revised Code shall perform the	9246
random drug testing under division (B)(1) of this section in	9247
accordance with the applicable standards that are included in the	9248
terms of that contract. A public laboratory shall perform the	9249
random drug tests under division (B)(3) of this section in	9250
accordance with the standards set forth in the policies and	9251
procedures established by the department of rehabilitation and	9252
correction pursuant to section 5120.63 of the Revised Code. An	9253
offender who is required to submit to random drug testing under	9254
division (C)(1)(c) of section 2951.02 of the Revised Code or who	9255
is subject to a nonresidential sanction that includes random drug	9256
testing under section 2929.17 or 2929.27 of the Revised Code shall	9257
pay the fee for the drug test if the test results indicate that	9258
the offender ingested or was injected with a drug of abuse and if	9259
the county department of probation, the multicounty department of	9260
probation, or the adult parole authority that has general control	9261
and supervision of the offender requires payment of a fee. A	9262
laboratory or entity that performs the random drug testing on an	9263
offender under division (B)(1) or (2) of this section shall	9264
transmit the results of the drug test to the appropriate county	9265
probation department, multicounty probation department, or adult	9266
parole authority that has general control and supervision of the	9267
offender.	9268

(C)(B) As used in this section:

9269

(1) "Multicounty department of probation" means a probation	9270
department established under section 2301.27 of the Revised Code	9271
to serve more than one county.	9272

(2) "Random drug testing" has the same meaning as in section	9273
5120.63 of the Revised Code.	9274

Sec. 2951.06.  Upon entry in the records of the judge or	9275
magistrate, of the order for probationsentence of a community	9276
control sanction provided for in section 2951.022929.15or	9277
2929.25 of the Revised Code, the defendant shall be released from	9278
custody as soon as the requirements and conditions required by the	9279
judge supervising the probation,community control sanction have	9280
been met. The defendant shall continue under the control and	9281
supervision of the adult parole authority created by section	9282
5149.02 of the Revised Code or the county department of	9283
appropriate probation agency, to the extent required by law, the	9284
conditions of the order of probationcommunity control sanction,	9285
and the rules and regulations governing said agency ofthe	9286
probation agency.	9287

Sec. 2951.07. Probation under section 2951.02 of the Revised	9288
CodeA community control sanction continues for the period that	9289
the judge or magistrate determines and, subject to division	9290
(F)(1)(a) of thatthe five-year limit specified in section 2929.15	9291
or2929.25of the Revised Code, may be extended. Except as	9292
provided in division (F)(1)(a) of that section, the total period	9293
of an offender's probation shall not exceed five years. If the	9294
probationeroffender under community control absconds or otherwise	9295
absents himself or herself fromleaves the jurisdiction of the	9296
court without permission from the county department of probation	9297
officer, the probation agency, or the court to do so, or if the	9298
probationeroffender is confined in any institution for the	9299
commission of any offense whatever, the probation period of	9300
community control ceases to run until suchthe time asthat the	9301
probationeroffender is brought before the court for its further	9302
action.	9303

Sec. 2951.08.  (A) During a period of probation or community	9304
control, any field officer or probation officer may arrest the	9305
person on probation or under a community control sanction without	9306
a warrant and bring the person before the judge or magistrate	9307
before whom the cause was pending. During a period of probation	9308
or community control, any peace officer may arrest the person on	9309
probation or under a community control sanction without a warrant	9310
upon the written order of the chief county probation officer of	9311
the probation agency if the person on probation or under a	9312
community control sanction is under the supervision of that county	9313
department of probation agency or on the order of an officer of	9314
the adult parole authority created pursuant to section 5149.02 of	9315
the Revised Code if the person on probation or under a community	9316
control sanction is under the supervision of the authority. During	9317
a period of probation or community control, any peace officer may	9318
arrest the person on probation or under a community control	9319
sanction on the warrant of the judge or magistrate before whom the	9320
cause was pending.	9321

During a period of probation or community control, any peace	9322
officer may arrest the person on probation or under a community	9323
control sanction without a warrant if the peace officer has	9324
reasonable ground to believe that the person has violated or is	9325
violating any of the following that is a condition of the person's	9326
probation or of the person's community control sanction:	9327

(1) A condition that prohibits ownership, possession, or use	9328
of a firearm, deadly weapon, ammunition, or dangerous ordnance;	9329

(2) A condition that prohibits the person from being within	9330
a specified structure or geographic area;	9331

(3) A condition that confines the person to a residence,	9332
facility, or other structure;	9333

(4) A condition that prohibits the person from contacting or	9334
communicating with any specified individual;	9335

(5) A condition that prohibits the person from associating	9336
with a specified individual;	9337

(6) A condition as provided in division (C)(1)(c)(A)(1)(a)	9338
of section 2951.022929.25 of the Revised Code or in division	9339
(A)(1) of section 2929.15 or (A)(8) of section 2929.27 of the	9340
Revised Code that requires that the person not ingest or be	9341
injected with a drug of abuse and submit to random drug testing	9342
and requires that the results of the drug test indicate that the	9343
person did not ingest or was not injected with a drug of abuse.	9344

(B) Upon making an arrest under this section, the arresting	9345
field officer, probation officer, or peace officer or the	9346
department or agency of the arresting officer promptly shall	9347
notify the chief probation officer or the chief probation	9348
officer's designee that the person has been arrested. Upon being	9349
notified that a peace officer has made an arrest under this	9350
section, the chief probation officer or designee, or another	9351
probation officer designated by the chief probation officer,	9352
promptly shall bring the person who was arrested before the judge	9353
or magistrate before whom the cause was pending.	9354

(C) Nothing in this section limits the powers of arrest	9355
granted to certain law enforcement officers and citizens under	9356
sections 2935.03 and 2935.04 of the Revised Code.	9357

(D) A probation officer shall receive the actual and	9358
necessary expenses incurred in the performance of the officer's	9359
duties.	9360

(E) As used in this section:

9361

(1) "Peace officer" has the same meaning as in section	9362
2935.01 of the Revised Code.	9363

(2) "Firearm," "deadly weapon," and "dangerous ordnance"	9364
have the same meanings as in section 2923.11 of the Revised Code.	9365

(3) "Community control sanction" has the same meaning as in	9366
section 2929.01 of the Revised Code.	9367

(4) "Random, "random drug testing" has the same meaning as	9368
in section 5120.63 of the Revised Code.	9369

Sec. 2951.10.  An order suspending the imposition of a	9370
sentence for a misdemeanor under section 2929.25 of the Revised	9371
Code and placing the defendant on probationunder a community	9372
control sanction is a final order from which appeal may be	9373
prosecuted.	9374

Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the	9375
Revised Code:	9376

(A) "First offender" means anyone who has been convicted of	9377
an offense in this state or any other jurisdiction and who	9378
previously or subsequently has not been convicted of the same or a	9379
different offense in this state or any other jurisdiction. When	9380
two or more convictions result from or are connected with the same	9381
act or result from offenses committed at the same time, they shall	9382
be counted as one conviction. When two or three convictions	9383
result from the same indictment, information, or complaint, from	9384
the same plea of guilty, or from the same official proceeding, and	9385
result from related criminal acts that were committed within a	9386
three-month period but do not result from the same act or from	9387
offenses committed at the same time, they shall be counted as one	9388
conviction, provided that a court may decide as provided in	9389
division (C)(1)(a) of section 2953.32 of the Revised Code that it	9390
is not in the public interest for the two or three convictions to	9391
be counted as one conviction.	9392

For purposes of, and except as otherwise provided in, this	9393
division, a conviction for a minor misdemeanor, a conviction for a	9394
violation of any section in Chapter 4511., 4513., or 4549. of the	9395
Revised Code, or a conviction for a violation of a municipal	9396
ordinance that is substantially similar to any section in those	9397
chapters is not a previous or subsequent conviction. A conviction	9398
for a violation of section 4511.19, 4511.192, 4511.251, 4549.02,	9399
4549.021, 4549.03, 4549.042, or 4549.07 or sections 4549.41 to	9400
4549.46 of the Revised Code, or a conviction for a violation of a	9401
municipal ordinance that is substantially similar to any of those	9402
sections, shall be considered a previous or subsequent conviction.	9403

(B) "Prosecutor" means the county prosecuting attorney, city	9404
director of law, village solicitor, or similar chief legal	9405
officer, who has the authority to prosecute a criminal case in the	9406
court in which the case is filed.	9407

(C) "Bail forfeiture" means the forfeiture of bail by a	9408
defendant who is arrested for the commission of a misdemeanor,	9409
other than a defendant in a traffic case as defined in Traffic	9410
Rule 2, if the forfeiture is pursuant to an agreement with the	9411
court and prosecutor in the case.	9412

(D) "Official records" has the same meaning as in division	9413
(D) of section 2953.51 of the Revised Code.	9414

(E) "Official proceeding" has the same meaning as in section	9415
2921.01 of the Revised Code.	9416

(F) "Community control sanction" has the same meaning as in	9417
section 2929.01 of the Revised Code.	9418

(G) "Post-release control" and "post-release control	9419
sanction" have the same meanings as in section 2967.01 of the	9420
Revised Code.	9421

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	9422
of the Revised Code, a first offender may apply to the sentencing	9423
court if convicted in this state, or to a court of common pleas if	9424
convicted in another state or in a federal court, for the sealing	9425
of the conviction record. Application may be made at the	9426
expiration of three years after the offender's final discharge if	9427
convicted of a felony, or at the expiration of one year after the	9428
offender's final discharge if convicted of a misdemeanor.	9429

(2) Any person who has been arrested for any misdemeanor	9430
offense and who has effected a bail forfeiture may apply to the	9431
court in which the misdemeanor criminal case was pending when bail	9432
was forfeited for the sealing of the record of the case. Except	9433
as provided in section 2953.61 of the Revised Code, the	9434
application may be filed at any time after the expiration of one	9435
year from the date on which the bail forfeiture was entered upon	9436
the minutes of the court or the journal, whichever entry occurs	9437
first.	9438

(B) Upon the filing of an application under this section,	9439
the court shall set a date for a hearing and shall notify the	9440
prosecutor for the case of the hearing on the application. The	9441
prosecutor may object to the granting of the application by filing	9442
an objection with the court prior to the date set for the hearing.	9443
The prosecutor shall specify in the objection the reasons for	9444
believing a denial of the application is justified. The court	9445
shall direct its regular probation officer, a state probation	9446
officer, or the department of probation of the county in which the	9447
applicant resides to make inquiries and written reports as the	9448
court requires concerning the applicant.	9449

(C)(1) The court shall do each of the following:

9450

(a) Determine whether the applicant is a first offender or	9451
whether the forfeiture of bail was agreed to by the applicant and	9452
the prosecutor in the case. If the applicant applies as a first	9453
offender pursuant to division (A)(1) of this section and has two	9454
or three convictions that result from the same indictment,	9455
information, or complaint, from the same plea of guilty, or from	9456
the same official proceeding, and result from related criminal	9457
acts that were committed within a three-month period but do not	9458
result from the same act or from offenses committed at the same	9459
time, in making its determination under this division, the court	9460
initially shall determine whether it is not in the public interest	9461
for the two or three convictions to be counted as one conviction.	9462
If the court determines that it is not in the public interest for	9463
the two or three convictions to be counted as one conviction, the	9464
court shall determine that the applicant is not a first offender;	9465
if the court does not make that determination, the court shall	9466
determine that the offender is a first offender.	9467

(b) Determine whether criminal proceedings are pending	9468
against the applicant;	9469

(c) If the applicant is a first offender who applies	9470
pursuant to division (A)(1) of this section, determine whether the	9471
applicant has been rehabilitated to the satisfaction of the court;	9472

(d) If the prosecutor has filed an objection in accordance	9473
with division (B) of this section, consider the reasons against	9474
granting the application specified by the prosecutor in the	9475
objection;	9476

(e) Weigh the interests of the applicant in having the	9477
records pertaining to the applicant's conviction sealed against	9478
the legitimate needs, if any, of the government to maintain those	9479
records.	9480

(2) If the court determines, after complying with division	9481
(C)(1) of this section, that the applicant is a first offender or	9482
the subject of a bail forfeiture, that no criminal proceeding is	9483
pending against the applicant, and that the interests of the	9484
applicant in having the records pertaining to the applicant's	9485
conviction or bail forfeiture sealed are not outweighed by any	9486
legitimate governmental needs to maintain those records, and that	9487
the rehabilitation of an applicant who is a first offender	9488
applying pursuant to division (A)(1) of this section has been	9489
attained to the satisfaction of the court, the court, except as	9490
provided in division (G) of this section, shall order all official	9491
records pertaining to the case sealed and, except as provided in	9492
division (F) of this section, all index references to the case	9493
deleted and, in the case of bail forfeitures, shall dismiss the	9494
charges in the case. The proceedings in the case shall be	9495
considered not to have occurred and the conviction or bail	9496
forfeiture of the person who is the subject of the proceedings	9497
shall be sealed, except that upon conviction of a subsequent	9498
offense, the sealed record of prior conviction or bail forfeiture	9499
may be considered by the court in determining the sentence or	9500
other appropriate disposition, including the relief provided for	9501
in sections 2953.31 to 2953.33 of the Revised Code.	9502

(3) Upon the filing of an application under this section,	9503
the applicant, unless indigent, shall pay a fee of fifty dollars.	9504
The court shall pay thirty dollars of the fee into the state	9505
treasury. It shall pay twenty dollars of the fee into the county	9506
general revenue fund if the sealed conviction or bail forfeiture	9507
was pursuant to a state statute, or into the general revenue fund	9508
of the municipal corporation involved if the sealed conviction or	9509
bail forfeiture was pursuant to a municipal ordinance.	9510

(D) Inspection of the sealed records included in the order	9511
may be made only by the following persons or for the following	9512
purposes:	9513

(1) By a law enforcement officer or prosecutor, or the	9514
assistants of either, to determine whether the nature and	9515
character of the offense with which a person is to be charged	9516
would be affected by virtue of the person's previously having been	9517
convicted of a crime;	9518

(2) By the parole or probation officer of the person who is	9519
the subject of the records, for the exclusive use of the officer	9520
in supervising the person while on parole or probationunder a	9521
community control sanction or a post-release control sanction, and	9522
in making inquiries and written reports as requested by the court	9523
or adult parole authority;	9524

(3) Upon application by the person who is the subject of the	9525
records, by the persons named in the application;	9526

(4) By a law enforcement officer who was involved in the	9527
case, for use in the officer's defense of a civil action arising	9528
out of the officer's involvement in that case;	9529

(5) By a prosecuting attorney or the prosecuting attorney's	9530
assistants, to determine a defendant's eligibility to enter a	9531
pre-trial diversion program established pursuant to section	9532
2935.36 of the Revised Code;	9533

(6) By any law enforcement agency or any authorized employee	9534
of a law enforcement agency or by the department of rehabilitation	9535
and correction as part of a background investigation of a person	9536
who applies for employment with the agency as a law enforcement	9537
officer or with the department as a corrections officer;	9538

(7) By any law enforcement agency or any authorized employee	9539
of a law enforcement agency, for the purposes set forth in, and in	9540
the manner provided in, section 2953.321 of the Revised Code;	9541

(8) By the bureau of criminal identification and	9542
investigation or any authorized employee of the bureau for the	9543
purpose of providing information to a board or person pursuant to	9544
division (F) or (G) of section 109.57 of the Revised Code;	9545

(9) By the bureau of criminal identification and	9546
investigation or any authorized employee of the bureau for the	9547
purpose of performing a criminal history records check on a person	9548
to whom a certificate as prescribed in section 109.77 of the	9549
Revised Code is to be awarded.	9550

When the nature and character of the offense with which a	9551
person is to be charged would be affected by the information, it	9552
may be used for the purpose of charging the person with an	9553
offense.	9554

(E) In any criminal proceeding, proof of any otherwise	9555
admissible prior conviction may be introduced and proved,	9556
notwithstanding the fact that for any such prior conviction an	9557
order of sealing previously was issued pursuant to sections	9558
2953.31 to 2953.36 of the Revised Code.	9559

(F) The person or governmental agency, office, or department	9560
that maintains sealed records pertaining to convictions or bail	9561
forfeitures that have been sealed pursuant to this section may	9562
maintain a manual or computerized index to the sealed records. The	9563
index shall contain only the name of, and alphanumeric identifiers	9564
that relate to, the persons who are the subject of the sealed	9565
records, the word "sealed," and the name of the person, agency,	9566
office, or department that has custody of the sealed records, and	9567
shall not contain the name of the crime committed. The index shall	9568
be made available by the person who has custody of the sealed	9569
records only for the purposes set forth in divisions (C), (D), and	9570
(E) of this section.	9571

(G) Notwithstanding any provision of this section or section	9572
2953.33 of the Revised Code that requires otherwise, a board of	9573
education of a city, local, exempted village, or joint vocational	9574
school district that maintains records of an individual who has	9575
been permanently excluded under sections 3301.121 and 3313.662 of	9576
the Revised Code is permitted to maintain records regarding a	9577
conviction that was used as the basis for the individual's	9578
permanent exclusion, regardless of a court order to seal the	9579
record. An order issued under this section to seal the record of	9580
a conviction does not revoke the adjudication order of the	9581
superintendent of public instruction to permanently exclude the	9582
individual who is the subject of the sealing order. An order	9583
issued under this section to seal the record of a conviction of an	9584
individual may be presented to a district superintendent as	9585
evidence to support the contention that the superintendent should	9586
recommend that the permanent exclusion of the individual who is	9587
the subject of the sealing order be revoked. Except as otherwise	9588
authorized by this division and sections 3301.121 and 3313.662 of	9589
the Revised Code, any school employee in possession of or having	9590
access to the sealed conviction records of an individual that were	9591
the basis of a permanent exclusion of the individual is subject to	9592
section 2953.35 of the Revised Code.	9593

Sec. 2953.33.  (A) Except as provided in division (G) of	9594
section 2953.32 of the Revised Code, an order to seal the record	9595
of a person's conviction restores the person who is the subject of	9596
the order to all rights and privileges not otherwise restored by	9597
termination of the sentence or probationcommunity control	9598
sanction or by final release on parole or post-release control.	9599

(B) In any application for employment, license, or other	9600
right or privilege, any appearance as a witness, or any other	9601
inquiry, except as provided in division (E) of section 2953.32 of	9602
the Revised Code, a person may be questioned only with respect to	9603
convictions not sealed, bail forfeitures not expunged under	9604
section 2953.42 of the Revised Code as it existed prior to June	9605
29, 1988, and bail forfeitures not sealed, unless the question	9606
bears a direct and substantial relationship to the position for	9607
which the person is being considered.	9608

Sec. 2961.01. (A) A person convicted of a felony under the	9609
laws of this or any other state or the United States, unless the	9610
conviction is reversed or annulled, is incompetent to be an	9611
elector or juror or to hold an office of honor, trust, or profit.	9612
When any person convicted of a felony under any law of that type	9613
is granted probation, parole, judicial release, or a conditional	9614
pardon or is released under a community control sanction or a	9615
post-release control sanction, the person is competent to be an	9616
elector during the period of probationcommunity control, parole,	9617
post-release control, or release or until the conditions of the	9618
pardon have been performed or have transpired and is competent to	9619
be an elector thereafter following final discharge. The full	9620
pardon of a convict restores the rights and privileges so	9621
forfeited under this section, but a pardon shall not release a	9622
convict from the costs of the convict's conviction in this state,	9623
unless so specified.	9624

(B)As used in this section:

9625

(1) "Community control sanction" has the same meaning as in	9626
section 2929.01 of the Revised Code.	9627

(2) "Post-release control" and "post-release control	9628
sanction" have the same meanings as in section 2967.01 of the	9629
Revised Code.	9630

Sec. 2963.01.  As used in sections 2963.01 to 2963.27,	9631
inclusive, of the Revised Code:	9632

(A) "Governor" includes any person performing the functions	9633
of governor by authority of the law of this state.	9634

(B) "Executive authority" includes the governor, and any	9635
person performing the functions of governor in a state other than	9636
this state.	9637

(C) "State," referring to a state other than this state,	9638
includes any state or territory, organized or unorganized, of the	9639
United States.	9640

(D) "Community control sanction" has the same meaning as in	9641
section 2929.01 of the Revised Code.	9642

(E) "Post-release control" and "post-release control	9643
sanction" have the same meanings as in section 2967.01 of the	9644
Revised Code.	9645

Sec. 2963.11.  When, on the oath of a credible person before	9646
any judge or magistrate of this state, any person within this	9647
state is charged with the commission of any crime in any other	9648
state and with having fled from justice, or with having been	9649
convicted of a crime in that state and having escaped from	9650
confinement, or having broken the terms of the person's bail,	9651
probation, or parole or violated the conditions of a community	9652
control sanction imposed under section 2929.16, 2929.17, or	9653
2929.18 of the Revised Code or of post-release control under	9654
section 2967.28 of the Revised Codesanction, or whenever	9655
complaint has been made before any judge or magistrate in this	9656
state setting forth on the affidavit of any credible person in	9657
another state that a crime has been committed in the other state	9658
and that the accused has been charged in that state with the	9659
commission of the crime, and, has fled from justice, or with	9660
having been convicted of a crime in that state and having escaped	9661
from confinement, or having broken the terms of bail, probation,	9662
or parole, and is believed to be in this state, the judge or	9663
magistrate shall issue a warrant directed to any peace officer,	9664
commanding the peace officer to apprehend the person named in the	9665
warrant, wherever the person may be found in this state, and to	9666
bring the person before the same or any other judge, magistrate,	9667
or court whichthat may be available in or convenient of access to	9668
the place where the arrest may be made, to answer the charge or	9669
complaint and affidavit, and a certified copy of the sworn charge	9670
or complaint and upon which the warrant is issued shall be	9671
attached to the warrant.	9672

This section does not apply to cases arising under section	9673
2963.06 of the Revised Code.	9674

Sec. 2963.20.  Whenever the governor demands a person charged	9675
with crime, or with escaping from confinement, or with breaking	9676
the terms of histhe person's bail, probation, or parole in this	9677
state or violating the conditions of a community control sanction	9678
or post-release control sanction imposed in this state, from the	9679
executive authority of any other state, or from the chief justice	9680
or an associate justice of the supreme court of the District of	9681
Columbia authorized to receive suchthat demand under the laws of	9682
the United States, hethe governor shall issue a warrant under the	9683
seal of this state, to somean agent, commanding himthe agent to	9684
receive the person so charged and convey suchthat person to the	9685
proper officer of the county in which the offense was committed.	9686

Sec. 2963.21.  When the return to this state of a person	9687
charged with crime in this state is required, the prosecuting	9688
attorney shall present to the governor a written application for a	9689
requisition for the return of the person charged. The application	9690
shall state the name of the person charged, the crime charged	9691
against the person, the approximate time, place, and circumstances	9692
of its commission, the state in which the person charged is	9693
believed to be located, and the location of the person in that	9694
state at the time the application is made. The prosecuting	9695
attorney shall certify that in the prosecuting attorney's opinion	9696
the ends of justice require the arrest and return of the person	9697
charged to this state for trial and that the proceeding is not	9698
instituted to enforce a private claim.	9699

When the return to this state is required of a person who has	9700
been convicted of a crime in this state and has escaped from	9701
confinement or broken the terms of the person's bail, probation,	9702
parole, community control sanction, or post-release control	9703
sanction, the prosecuting attorney of the county in which the	9704
offense was committed, the adult parole authority, or the warden	9705
of the institution or sheriff of the county from which escape was	9706
made shall present to the governor a written application for a	9707
requisition for the return of the person. The application shall	9708
state the person's name, the crime of which the person was	9709
convicted, the circumstances of the person's escape from	9710
confinement or of the breach of the terms of the person's bail,	9711
probation, parole, community control sanction, or post-release	9712
control sanction, the state in which the person is believed to be	9713
located, and the location of the person in that state at the time	9714
the application is made.	9715

An application presented under this section shall be verified	9716
by affidavit, executed in duplicate, and accompanied by two	9717
certified copies of the indictment returned, of the information	9718
and affidavit filed, of the complaint made to the judge or	9719
magistrate, stating the offense with which the accused is charged,	9720
of the judgment of conviction, or of the sentence. The	9721
prosecuting attorney, adult parole authority, warden, or sheriff	9722
also may attach any other affidavits or documents in duplicate	9723
that the prosecuting attorney, adult parole authority, warden, or	9724
sheriff finds proper to be submitted with the application. One	9725
copy of the application, with the action of the governor indicated	9726
by indorsement on the application, and one of the certified copies	9727
of the indictment, complaint, information, and affidavits, of the	9728
judgment of conviction, or of the sentence shall be filed in the	9729
office of the secretary of state to remain of record in that	9730
office. The other copies of all papers shall be forwarded with	9731
the governor's requisition.	9732

Sec. 2967.02.  (A) SectionsThe adult parole authority	9733
created by section 5149.02 of the Revised Code shall administer	9734
sections 2967.01 to 2967.28 of the Revised Code, and other	9735
sections of the Revised Code governing pardon, probationcommunity	9736
control sanctions, post-release control, and parole, shall be	9737
administered by the adult parole authority created by section	9738
5149.02 of the Revised Code.	9739

(B) The governor may grant a pardon after conviction, may	9740
grant an absolute and entire pardon or a partial pardon, and may	9741
grant a pardon upon conditions precedent or subsequent.	9742

(C) The adult parole authority shall supervise all parolees.	9743
The department of rehabilitation and correction has legal custody	9744
of a parolee until the authority grants the parolee a final	9745
release pursuant to section 2967.16 of the Revised Code.	9746

(D) The department of rehabilitation and correction has	9747
legal custody of a releasee until the adult parole authority	9748
grants the releasee a final release pursuant to section 2967.16 of	9749
the Revised Code.	9750

Sec. 2967.22.  Whenever it is brought to the attention of the	9751
adult parole authority or a county department of probation that a	9752
parolee, probationerperson under a community control sanction,	9753
person under transitional control, or releasee appears to be a	9754
mentally ill person subject to hospitalization by court order, as	9755
defined in section 5122.01 of the Revised Code, or a mentally	9756
retarded person subject to institutionalization by court order, as	9757
defined in section 5123.01 of the Revised Code, the parole or	9758
probation officer, subject to the approval of the chief of the	9759
adult parole authority, the designee of the chief of the adult	9760
parole authority, or the chief probation officer, may file an	9761
affidavit under section 5122.11 or 5123.71 of the Revised Code. A	9762
parolee, probationerperson under a community control sanction, or	9763
releasee who is involuntarily detained under Chapter 5122. or	9764
5123. of the Revised Code shall receive credit against the period	9765
of parole or probationcommunity control or the term of	9766
post-release control for the period of involuntary detention.	9767

If a parolee, probationerperson under a community control	9768
sanction, person under transitional control, or releasee escapes	9769
from an institution or facility within the department of mental	9770
health or the department of mental retardation and developmental	9771
disabilities, the superintendent of the institution immediately	9772
shall notify the chief of the adult parole authority or the chief	9773
probation officer. Notwithstanding the provisions of section	9774
5122.26 of the Revised Code, the procedure for the apprehension,	9775
detention, and return of the parolee, probationerperson under a	9776
community control sanction, person under transitional control, or	9777
releasee is the same as that provided for the apprehension,	9778
detention, and return of persons who escape from institutions	9779
operated by the department of rehabilitation and correction. If	9780
the escaped parolee, person under transitional control, or	9781
releasee is not apprehended and returned to the custody of the	9782
department of mental health or the department of mental	9783
retardation and developmental disabilities within ninety days	9784
after the escape, the parolee, person under transitional control,	9785
or releasee shall be discharged from the custody of the department	9786
of mental health or the department of mental retardation and	9787
developmental disabilities and returned to the custody of the	9788
department of rehabilitation and correction. If the escaped	9789
probationerperson under a community control sanction is not	9790
apprehended and returned to the custody of the department of	9791
mental health or the department of mental retardation and	9792
developmental disabilities within ninety days after the escape,	9793
the probationerperson under a community control sanction shall be	9794
discharged from the custody of the department of mental health or	9795
the department of mental retardation and developmental	9796
disabilities and returned to the custody of the court that	9797
sentenced the probationerthat person.	9798

Sec. 2967.26.  (A)(1) The department of rehabilitation and	9799
correction, by rule, may establish a transitional control program	9800
for the purpose of closely monitoring a prisoner's adjustment to	9801
community supervision during the final one hundred eighty days of	9802
the prisoner's confinement. If the department establishes a	9803
transitional control program under this division, the adult parole	9804
authority may transfer eligible prisoners to transitional control	9805
status under the program during the final one hundred eighty days	9806
of their confinement and under the terms and conditions	9807
established by the department, shall provide for the confinement	9808
as provided in this division of each eligible prisoner so	9809
transferred, and shall supervise each eligible prisoner so	9810
transferred in one or more community control sanctions. Each	9811
eligible prisoner who is transferred to transitional control	9812
status under the program shall be confined in a suitable facility	9813
that is licensed pursuant to division (C) of section 2967.14 of	9814
the Revised Code, or shall be confined in a residence the	9815
department has approved for this purpose and be monitored pursuant	9816
to an electronic monitoring device, as defined in section 2929.23	9817
of the Revised Code. If the department establishes a transitional	9818
control program under this division, the rules establishing the	9819
program shall include criteria that define which prisoners are	9820
eligible for the program, criteria that must be satisfied to be	9821
approved as a residence that may be used for confinement under the	9822
program of a prisoner that is transferred to it and procedures for	9823
the department to approve residences that satisfy those criteria,	9824
and provisions of the type described in division (C) of this	9825
section. At a minimum, the criteria that define which prisoners	9826
are eligible for the program shall provide all of the following:	9827

(a) That a prisoner is eligible for the program if the	9828
prisoner is serving a prison term or term of imprisonment for an	9829
offense committed prior to the effective date of this amendment	9830
March 17, 1998, and if, at the time at which eligibility is being	9831
determined, the prisoner would have been eligible for a furlough	9832
under this section as it existed immediately prior to the	9833
effective date of this amendmentMarch 17, 1998, or would have	9834
been eligible for conditional release under former section 2967.23	9835
of the Revised Code as that section existed immediately prior to	9836
the effective date of this amendmentMarch 17, 1998;	9837

(b) That no prisoner who is serving a mandatory prison term	9838
is eligible for the program until after expiration of the	9839
mandatory term;	9840

(c) That no prisoner who is serving a prison term or term of	9841
life imprisonment without parole imposed pursuant to section	9842
2971.03 of the Revised Code is eligible for the program.	9843

(2) At least three weeks prior to transferring to	9844
transitional control under this section a prisoner who is serving	9845
a term of imprisonment or prison term for an offense committed on	9846
or after July 1, 1996, the adult parole authority shall give	9847
notice of the pendency of the transfer to transitional control to	9848
the court of common pleas of the county in which the indictment	9849
against the prisoner was found and of the fact that the court may	9850
disapprove the transfer of the prisoner to transitional control	9851
and shall include a report prepared by the head of the state	9852
correctional institution in which the prisoner is confined. The	9853
head of the state correctional institution in which the prisoner	9854
is confined, upon the request of the adult parole authority, shall	9855
provide to the authority for inclusion in the notice sent to the	9856
court under this division a report on the prisoner's conduct in	9857
the institution and in any institution from which the prisoner may	9858
have been transferred. The report shall cover the prisoner's	9859
participation in school, vocational training, work, treatment, and	9860
other rehabilitative activities and any disciplinary action taken	9861
against the prisoner. If the court disapproves of the transfer of	9862
the prisoner to transitional control, the court shall notify the	9863
authority of the disapproval within thirty days after receipt of	9864
the notice. If the court timely disapproves the transfer of the	9865
prisoner to transitional control, the authority shall not proceed	9866
with the transfer. If the court does not timely disapprove the	9867
transfer of the prisoner to transitional control, the authority	9868
may transfer the prisoner to transitional control.	9869

(3) If the victim of an offense for which a prisoner was	9870
sentenced to a prison term or term of imprisonment has requested	9871
notification under section 2930.16 of the Revised Code and has	9872
provided the department of rehabilitation and correction with the	9873
victim's name and address, the adult parole authority, at least	9874
three weeks prior to transferring the prisoner to transitional	9875
control pursuant to this section, shall notify the victim of the	9876
pendency of the transfer and of the victim's right to submit a	9877
statement to the authority regarding the impact of the transfer of	9878
the prisoner to transitional control. If the victim subsequently	9879
submits a statement of that nature to the authority, the authority	9880
shall consider the statement in deciding whether to transfer the	9881
prisoner to transitional control.	9882

(B) Each prisoner transferred to transitional control under	9883
this section shall be confined in the manner described in division	9884
(A) of this section during any period of time that the prisoner is	9885
not actually working at the prisoner's approved employment,	9886
engaged in a vocational training or another educational program,	9887
engaged in another program designated by the director, or engaged	9888
in other activities approved by the department.	9889

(C) The department of rehabilitation and correction shall	9890
adopt rules for transferring eligible prisoners to transitional	9891
control, supervising and confining prisoners so transferred,	9892
administering the transitional control program in accordance with	9893
this section, and using the moneys deposited into the transitional	9894
control fund established under division (E) of this section.	9895

(D) The department of rehabilitation and correction may	9896
adopt rules for the issuance of passes for the limited purposes	9897
described in this division to prisoners who are transferred to	9898
transitional control under this section. If the department adopts	9899
rules of that nature, the rules shall govern the granting of the	9900
passes and shall provide for the supervision of prisoners who are	9901
temporarily released pursuant to one of those passes. Upon the	9902
adoption of rules under this division, the department may issue	9903
passes to prisoners who are transferred to transitional control	9904
status under this section in accordance with the rules and the	9905
provisions of this division. All passes issued under this	9906
division shall be for a maximum of forty-eight hours and may be	9907
issued only for the following purposes:	9908

(1) To visit a dying relative;

9909

(2) To attend the funeral of a relative;

9910

(3) To visit with family;

9911

(4) To otherwise aid in the rehabilitation of the prisoner.

9912

(E) The adult parole authority may require a prisoner who is	9913
transferred to transitional control to pay to the division of	9914
parole and community services the reasonable expenses incurred by	9915
the division in supervising or confining the prisoner while under	9916
transitional control. Inability to pay those reasonable expenses	9917
shall not be grounds for refusing to transfer an otherwise	9918
eligible prisoner to transitional control. Amounts received by	9919
the division of parole and community services under this division	9920
shall be deposited into the transitional control fund, which is	9921
hereby created in the state treasury and which hereby replaces and	9922
succeeds the furlough services fund that formerly existed in the	9923
state treasury. All moneys that remain in the furlough services	9924
fund on the effective date of this amendmentMarch 17, 1998, shall	9925
be transferred on that date to the transitional control fund. The	9926
transitional control fund shall be used solely to pay costs	9927
related to the operation of the transitional control program	9928
established under this section. The director of rehabilitation	9929
and correction shall adopt rules in accordance with section 111.15	9930
of the Revised Code for the use of the fund.	9931

(F) A prisoner who violates any rule established by the	9932
department of rehabilitation and correction under division (A),	9933
(C), or (D) of this section may be transferred to a state	9934
correctional institution pursuant to rules adopted under division	9935
(A), (C), or (D) of this section, but the prisoner shall receive	9936
credit towards completing the prisoner's sentence for the time	9937
spent under transitional control.	9938

If a prisoner is transferred to transitional control under	9939
this section, upon successful completion of the period of	9940
transitional control, the prisoner may be released on parole or	9941
under post-release control pursuant to section 2967.13 or 2967.28	9942
of the Revised Code and rules adopted by the department of	9943
rehabilitation and correction. If the prisoner is released under	9944
post-release control, the duration of the post-release control,	9945
the type of post-release control sanctions that may be imposed,	9946
the enforcement of the sanctions, and the treatment of prisoners	9947
who violate any sanction applicable to the prisoner are governed	9948
by section 2967.28 of the Revised Code.	9949

Sec. 2969.11.  As used in sections 2969.11 to 2969.14 of the	9950
Revised Code:	9951

(A) "Crime victims recovery fund" means the fund created by	9952
division (D) of section 2929.252929.32 of the Revised Code.	9953

(B) "Victim" means a person who suffers personal injury,	9954
death, or property loss as a result of any of the following, or	9955
the beneficiaries of an action for the wrongful death of any	9956
person killed as a result of any of the following:	9957

(1) An offense committed by an offender in whose name a	9958
separate account is maintained in the crime victims recovery fund	9959
pursuant to section 2969.12 of the Revised Code;	9960

(2) The good faith effort of a person to prevent an offense	9961
committed by an offender in whose name a separate account is	9962
maintained in the crime victims recovery fund pursuant to section	9963
2969.12 of the Revised Code;	9964

(3) The good faith effort of a person to apprehend a person	9965
suspected of engaging in an offense committed by an offender in	9966
whose name a separate account is maintained in the crime victims	9967
recovery fund pursuant to section 2969.12 of the Revised Code.	9968

Sec. 2969.12.  (A) The clerk of the court of claims shall	9969
administer the crime victims recovery fund and shall maintain in	9970
the fund in the name of each offender a separate account for money	9971
received, or money received from the sale or other disposition of	9972
property, pursuant to section 2929.252929.32 of the Revised Code	9973
in connection with that offender. The clerk shall distribute the	9974
money in that separate account in accordance with division (C) of	9975
this section.	9976

(B) Notwithstanding a contrary provision of any section of	9977
the Revised Code that deals with the limitation of actions, a	9978
victim of an offense committed by an offender in whose name a	9979
separate account is maintained in the crime victims recovery fund	9980
may bring a civil action against the offender or the	9981
representatives of the offender at any time within three years	9982
after the establishment of the separate account.	9983

In order to recover from a separate account maintained in the	9984
fund in the name of an offender, a victim of that offender shall	9985
do all of the following:	9986

(1) Within the three-year period or, if the action was	9987
initiated before the separate account was established, within	9988
ninety days after the separate account is established, notify the	9989
clerk of the court of claims that a civil action has been brought	9990
against the offender or the representatives of the offender;	9991

(2) Notify the clerk of the court of claims of the entry of	9992
any judgment in the civil action;	9993

(3) Within ninety days after the judgment in the civil	9994
action is final or, if the judgment was obtained before the	9995
separate account was established, within ninety days after the	9996
separate account is established, request the clerk of the court of	9997
claims to pay from the separate account the judgment that the	9998
victim is awarded in the civil action.	9999

If a civil action is brought against an offender or the	10000
representatives of the offender after the expiration of the	10001
statute of limitations that would apply to the civil action but	10002
for this division, the court shall state in a judgment in favor of	10003
the victim that the judgment may be enforced only against the	10004
separate account maintained in the name of that offender in the	10005
crime victims recovery fund.	10006

(C)(1) The clerk of the court of claims shall not make a	10007
payment from the separate account maintained in the name of an	10008
offender in the crime victims recovery fund to a victim of the	10009
offender until the expiration of the later of the following	10010
periods:	10011

(a) The expiration of three years after the establishment of	10012
the separate account, provided that no action of which the clerk	10013
was notified under division (B)(1) of this section is pending;	10014

(b) If three years has elapsed since the establishment of	10015
the separate account and if one or more actions of which the clerk	10016
was notified under division (B)(1) of this section is pending at	10017
the expiration of that three-year period, the date of the final	10018
disposition of the last of those pending actions.	10019

(2) Upon the expiration of the applicable period of time set	10020
forth in division (C)(1) of this section, the clerk of the court	10021
of claims shall make payments from the separate account maintained	10022
in the name of the offender in the crime victims recovery fund to	10023
the victims of the offender who obtained a judgment against the	10024
offender or the representatives of the offender for damages	10025
resulting from the offense committed by the offender. The	10026
payments shall be made as provided in this division.	10027

When a separate account is maintained in the name of an	10028
offender in the crime victims recovery fund, the clerk of the	10029
court of claims shall determine on the second day of January and	10030
the first day of April, July, and October of each year the amount	10031
of money in that separate account. After the expiration of the	10032
applicable period of time set forth in division (C)(1) of this	10033
section, the clerk shall pay from that separate account any	10034
judgment for which a victim of that offender has requested payment	10035
pursuant to division (B)(3) of this section and has requested	10036
payment prior to the date of the most recent quarterly	10037
determination described in this division. If at a time that	10038
payments would be made from that separate account there are	10039
insufficient funds in that separate account to pay all of the	10040
applicable judgments against the offender or the representatives	10041
of the offender, the clerk of the court of claims shall pay the	10042
judgments on a pro rata basis.	10043

Sec. 2969.13.  All moneys that are collected pursuant to	10044
section 2929.252929.32 of the Revised Code and required to be	10045
deposited in the crime victims recovery fund shall be credited by	10046
the treasurer of state to the fund. Any interest earned on the	10047
money in the fund shall be credited to the fund.	10048

Sec. 2969.14.  (A) If a separate account has been maintained	10049
in the name of an offender in the crime victims recovery fund and	10050
if there is no further requirement to pay into the fund money, or	10051
the monetary value of property, pursuant to section 2929.25	10052
2929.32 of the Revised Code, unless otherwise ordered by a court	10053
of record in which a judgment has been rendered against the	10054
offender or the representatives of the offender, the clerk of the	10055
court of claims shall pay the money remaining in the separate	10056
account in accordance with division (B) of this section, if all of	10057
the following apply:	10058

(1) The applicable period of time that governs the making of	10059
payments from the separate account, as set forth in division	10060
(C)(1) of section 2969.12 of the Revised Code, has elapsed.	10061

(2) None of the civil actions against the offender or the	10062
representatives of the offender of which the clerk of the court of	10063
claims has been notified pursuant to division (B)(1) of section	10064
2969.12 of the Revised Code is pending.	10065

(3) All judgments for which payment was requested pursuant	10066
to division (B)(3) of section 2969.12 of the Revised Code have	10067
been paid.	10068

(B) If the clerk of the court of claims is required by	10069
division (A) of this section to pay the money remaining in the	10070
separate account established in the name of an offender in	10071
accordance with this division, the clerk shall pay the money as	10072
follows:	10073

(1) If the offender was confined for a felony in a prison or	10074
other facility operated by the department of rehabilitation and	10075
correction under a sanction imposed pursuant to section 2929.14 or	10076
2929.16 of the Revised Code, the clerk shall pay the money to the	10077
treasurer of state, in accordance with division (C)(1) of section	10078
2929.18 of the Revised Code, to cover the costs of the	10079
confinement. If any money remains in the separate account after	10080
the payment of the costs of the confinement pursuant to this	10081
division, the clerk shall pay the remaining money in accordance	10082
with divisions (B)(2), (3), and (5) of this section.	10083

(2) If the offender was confined for a felony in a facility	10084
operated by a county or a municipal corporation, after payment of	10085
any costs required to be paid under division (B)(1) of this	10086
section, the clerk shall pay the money to the treasurer of the	10087
county or of the municipal corporation that operated the facility,	10088
in accordance with division (C)(2) or (3) of section 2929.18 of	10089
the Revised Code, to cover the costs of the confinement. If more	10090
than one county or municipal corporation operated a facility in	10091
which the offender was confined, the clerk shall equitably	10092
apportion the money among each of those counties and municipal	10093
corporations. If any money remains in the separate account after	10094
the payment of the costs of the confinement pursuant to this	10095
division, the clerk shall pay the remaining money in accordance	10096
with divisions (B)(3) and (5) of this section.	10097

(3) If the offender was sentenced for a felony to any	10098
community control sanction other than a sanction described in	10099
division (B)(2) of this section, after payment of any costs	10100
required to be paid under division (B)(1) or (2) of this section,	10101
the clerk shall pay the money to the treasurer of the county or of	10102
the municipal corporation that incurred costs pursuant to the	10103
sanction, in accordance with division (C)(2) or (3) of section	10104
2929.18 of the Revised Code, to cover the costs so incurred. If	10105
more than one county or municipal corporation incurred costs	10106
pursuant to the sanction, the clerk shall equitably apportion the	10107
money among each of those counties and municipal corporations. If	10108
any money remains in the separate account after the payment of the	10109
costs of the sanction pursuant to this division, the clerk shall	10110
pay the remaining money in accordance with division (B)(5) of this	10111
section.	10112

(4) If the offender was imprisoned or incarcerated for a	10113
misdemeanor, to the treasurer of the political subdivision that	10114
operates the facility in which the offender was imprisoned or	10115
incarcerated, to cover the costs of the imprisonment or	10116
incarceration. If more than one political subdivision operated a	10117
facility in which the offender was confined, the clerk shall	10118
equitably apportion the money among each of those political	10119
subdivisions. If any money remains in the separate account after	10120
the payment of the costs of the imprisonment or incarceration	10121
under this division, the clerk shall pay the remaining money in	10122
accordance with division (B)(5) of this section.	10123

(5) If any money remains in the separate account after	10124
payment of any costs required to be paid under division (B)(1),	10125
(2), (3), or (4) of this section, or if no provision of division	10126
(B)(1), (2), (3), or (4) of this section applies, the clerk shall	10127
distribute the amount of the money remaining in the separate	10128
account as otherwise provided by law for the distribution of money	10129
paid in satisfaction of a fine, as if that amount was a fine paid	10130
by the offender.	10131

Sec. 3313.65.  (A) As used in this section and section	10132
3313.64 of the Revised Code:	10133

(1) A person is "in a residential facility" if the person is	10134
a resident or a resident patient of an institution, home, or other	10135
residential facility that is:	10136

(a) Licensed as a nursing home, residential care facility,	10137
or home for the aging by the director of health under section	10138
3721.02 of the Revised Code or licensed as a community alternative	10139
home by the director of health under section 3724.03 of the	10140
Revised Code;	10141

(b) Licensed as an adult care facility by the director of	10142
health under Chapter 3722. of the Revised Code;	10143

(c) Maintained as a county home or district home by the	10144
board of county commissioners or a joint board of county	10145
commissioners under Chapter 5155. of the Revised Code;	10146

(d) Operated or administered by a board of alcohol, drug	10147
addiction, and mental health services under section 340.03 or	10148
340.06 of the Revised Code, or provides residential care pursuant	10149
to contracts made under section 340.03 or 340.033 of the Revised	10150
Code;	10151

(e) Maintained as a state institution for the mentally ill	10152
under Chapter 5119. of the Revised Code;	10153

(f) Licensed by the department of mental health under	10154
section 5119.20 or 5119.22 of the Revised Code;	10155

(g) Licensed as a residential facility by the department of	10156
mental retardation and developmental disabilities under section	10157
5123.19 of the Revised Code;	10158

(h) Operated by the veteran's administration or another	10159
agency of the United States government;	10160

(i) The Ohio soldiers' and sailors' home.

10161

(2) A person is "in a correctional facility" if any of the	10162
following apply:	10163

(a) The person is an Ohio resident and is:

10164

(i) Imprisoned, as defined in section 1.05 of the Revised	10165
Code;	10166

(ii) Serving a term in a community-based correctional	10167
facility or a district community-based correctional facility;	10168

(iii) Required, as a condition of parole, probationa	10169
post-release control sanction, a community control sanction,	10170
transitional control, or early release from imprisonment, as a	10171
condition of shock parole or shock probation granted under the law	10172
in effect prior to July 1, 1996, or as a condition of a furlough	10173
granted under the version of section 2967.26 of the Revised Code	10174
in effect prior to the effective date of this amendmentMarch17,	10175
1998, to reside in a halfway house or other community residential	10176
center licensed under section 2967.14 of the Revised Code or a	10177
similar facility designated by the common pleas court of common	10178
pleas that established the condition or by the adult parole	10179
authority.	10180

(b) The person is imprisoned in a state correctional	10181
institution of another state or a federal correctional institution	10182
but was an Ohio resident at the time the sentence was imposed for	10183
the crime for which the person is imprisoned.	10184

(3) A person is "in a juvenile residential placement" if the	10185
person is an Ohio resident who is under twenty-one years of age	10186
and has been removed, by the order of a juvenile court, from the	10187
place the person resided at the time the person became subject to	10188
the court's jurisdiction in the matter that resulted in the	10189
person's removal.	10190

(4)"Community control sanction" has the same meaning as in	10191
section 2929.01 of the Revised Code.	10192

(5) "Post-release control sanction" has the same meaning as	10193
in section 2967.01 of the Revised Code.	10194

(B) If the circumstances described in division (C) of this	10195
section apply, the determination of what school district must	10196
admit a child to its schools and what district, if any, is liable	10197
for tuition shall be made in accordance with this section, rather	10198
than section 3313.64 of the Revised Code.	10199

(C) A child who does not reside in the school district in	10200
which the child's parent resides and for whom a tuition obligation	10201
previously has not been established under division (C)(2) of	10202
section 3313.64 of the Revised Code shall be admitted to the	10203
schools of the district in which the child resides if at least one	10204
of the child's parents is in a residential or correctional	10205
facility or a juvenile residential placement and the other parent,	10206
if living and not in such a facility or placement, is not known to	10207
reside in this state.	10208

(D) Regardless of who has custody or care of the child,	10209
whether the child resides in a home, or whether the child receives	10210
special education, if a district admits a child under division (C)	10211
of this section, tuition shall be paid to that district as	10212
follows:	10213

(1) If the child's parent is in a juvenile residential	10214
placement, by the district in which the child's parent resided at	10215
the time the parent became subject to the jurisdiction of the	10216
juvenile court;	10217

(2) If the child's parent is in a correctional facility, by	10218
the district in which the child's parent resided at the time the	10219
sentence was imposed;	10220

(3) If the child's parent is in a residential facility, by	10221
the district in which the parent resided at the time the parent	10222
was admitted to the residential facility, except that if the	10223
parent was transferred from another residential facility, tuition	10224
shall be paid by the district in which the parent resided at the	10225
time the parent was admitted to the facility from which the parent	10226
first was transferred;	10227

(4) In the event of a disagreement as to which school	10228
district is liable for tuition under division (C)(1), (2), or (3)	10229
of this section, the superintendent of public instruction shall	10230
determine which district shall pay tuition.	10231

(E) If a child covered by division (D) of this section	10232
receives special education in accordance with Chapter 3323. of the	10233
Revised Code, the tuition shall be paid in accordance with section	10234
3323.13 or 3323.14 of the Revised Code. Tuition for children who	10235
do not receive special education shall be paid in accordance with	10236
division (I) of section 3313.64 of the Revised Code.	10237

Sec. 3321.38.  (A) No parent, guardian, or other person	10238
having care of a child of compulsory school age shall violate any	10239
provision of section 3321.01, 3321.03, 3321.04, 3321.07, 3321.10,	10240
3321.19, 3321.20, or 3331.14 of the Revised Code. The juvenile	10241
court, which has exclusive original jurisdiction over any	10242
violation of this section pursuant to section 2151.23 of the	10243
Revised Code, may require a person convicted of violating this	10244
division to give bond in a sum of not more than five hundred	10245
dollars with sureties to the approval of the court, conditioned	10246
that the person will cause the child under the person's charge to	10247
attend upon instruction as provided by law, and remain as a pupil	10248
in the school or class during the term prescribed by law. If the	10249
juvenile court adjudicates the child as an unruly or delinquent	10250
child for being an habitual or chronic truant pursuant to section	10251
2151.35 of the Revised Code, the court shall warn the parent,	10252
guardian, or other person having care of the child that any	10253
subsequent adjudication of that nature involving the child may	10254
result in a criminal charge against the parent, guardian, or other	10255
person having care of the child for a violation of division (C) of	10256
section 2919.21 or section 2919.24 of the Revised Code.	10257

(B) This section does not relieve from prosecution and	10258
conviction any parent, guardian, or other person upon further	10259
violation of any provision in any of the sections specified in	10260
division (A) of this section, any provision of section 2919.222 or	10261
2919.24 of the Revised Code, or division (C) of section 2919.21 of	10262
the Revised Code. A forfeiture of the bond shall not relieve that	10263
parent, guardian, or other person from prosecution and conviction	10264
upon further violation of any provision in any of those sections	10265
or that division.	10266

(C) Section 4109.13 of the Revised Code applies to this	10267
section.	10268

(D) No parent, guardian, or other person having care of a	10269
child of compulsary school age shall fail to give bond as required	10270
by division (A) of this section in the sum of one hundred dollars	10271
with sureties as required by the court.	10272

Sec. 3345.04.  (A) As used in this section, "felony" has the	10273
same meaning as in section 109.511 of the Revised Code.	10274

(B) Subject to division (C) of this section, the board of	10275
trustees of a state university, the board of trustees of the	10276
medical college of Ohio at Toledo, the board of trustees of the	10277
northeastern Ohio universities college of medicine, the board of	10278
trustees of a state community college, and the board of trustees	10279
of a technical college or community college district operating a	10280
technical or a community college may designate one or more	10281
employees of the institution, as a state university law	10282
enforcement officer, in accordance with section 109.77 of the	10283
Revised Code, and, as state university law enforcement officers,	10284
those employees shall take an oath of office, wear the badge of	10285
office, serve as peace officers for the college or university, and	10286
give bond to the state for the proper and faithful discharge of	10287
their duties in the amount that the board of trustees requires.	10288

(C)(1) The board of trustees of an institution listed in	10289
division (B) of this section shall not designate an employee of	10290
the institution as a state university law enforcement officer	10291
pursuant to that division on a permanent basis, on a temporary	10292
basis, for a probationary term, or on other than a permanent basis	10293
if the employee previously has been convicted of or has pleaded	10294
guilty to a felony.	10295

(2)(a) The board of trustees shall terminate the employment	10296
as a state university law enforcement officer of an employee	10297
designated as a state university law enforcement officer under	10298
division (B) of this section if that employee does either of the	10299
following:	10300

(i) Pleads guilty to a felony;

10301

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	10302
plea agreement as provided in division (D) of section 2929.29	10303
2929.43 of the Revised Code in which the employee agrees to	10304
surrender the certificate awarded to the employee under section	10305
109.77 of the Revised Code.	10306

(b) The board of trustees shall suspend from employment as a	10307
state university law enforcement officer an employee designated as	10308
a state university law enforcement officer under division (B) of	10309
this section if that employee is convicted, after trial, of a	10310
felony. If the state university law enforcement officer files an	10311
appeal from that conviction and the conviction is upheld by the	10312
highest court to which the appeal is taken or if the state	10313
university law enforcement officer does not file a timely appeal,	10314
the board of trustees shall terminate the employment of that state	10315
university law enforcement officer. If the state university law	10316
enforcement officer files an appeal that results in that officer's	10317
acquittal of the felony or conviction of a misdemeanor, or in the	10318
dismissal of the felony charge against that officer, the board of	10319
trustees shall reinstate that state university law enforcement	10320
officer. A state university law enforcement officer who is	10321
reinstated under division (C)(2)(b) of this section shall not	10322
receive any back pay unless that officer's conviction of the	10323
felony was reversed on appeal, or the felony charge was dismissed,	10324
because the court found insufficient evidence to convict the	10325
officer of the felony.	10326

(3) Division (C) of this section does not apply regarding an	10327
offense that was committed prior to January 1, 1997.	10328

(4) The suspension from employment, or the termination of	10329
the employment, of a state university law enforcement officer	10330
under division (C)(2) of this section shall be in accordance with	10331
Chapter 119. of the Revised Code.	10332

Sec. 3719.12.  Unless a report has been made pursuant to	10333
section 2929.242929.42 of the Revised Code, on the conviction of	10334
a manufacturer, wholesaler, terminal distributor of dangerous	10335
drugs, pharmacist, pharmacy intern, dentist, chiropractor,	10336
physician, podiatrist, registered nurse, licensed practical nurse,	10337
physician assistant, optometrist, or veterinarian of the violation	10338
of this chapter or Chapter 2925. of the Revised Code, the	10339
prosecutor in the case promptly shall report the conviction to the	10340
board that licensed, certified, or registered the person to	10341
practice or to carry on business. The responsible board shall	10342
provide forms to the prosecutor. Within thirty days of the	10343
receipt of this information, the board shall initiate action in	10344
accordance with Chapter 119. of the Revised Code to determine	10345
whether to suspend or revoke the person's license, certificate, or	10346
registration.	10347

Sec. 3719.121.  (A) Except as otherwise provided in section	10348
4723.28, 4723.35, 4730.25, 4731.22, 4734.39, or 4734.41 of the	10349
Revised Code, the license, certificate, or registration of any	10350
dentist, chiropractor, physician, podiatrist, registered nurse,	10351
licensed practical nurse, physician assistant, pharmacist,	10352
pharmacy intern, optometrist, or veterinarian who is or becomes	10353
addicted to the use of controlled substances shall be suspended by	10354
the board that authorized the person's license, certificate, or	10355
registration until the person offers satisfactory proof to the	10356
board that the person no longer is addicted to the use of	10357
controlled substances.	10358

(B) If the board under which a person has been issued a	10359
license, certificate, or evidence of registration determines that	10360
there is clear and convincing evidence that continuation of the	10361
person's professional practice or method of prescribing or	10362
personally furnishing controlled substances presents a danger of	10363
immediate and serious harm to others, the board may suspend the	10364
person's license, certificate, or registration without a hearing.	10365
Except as otherwise provided in sections 4715.30, 4723.281,	10366
4729.16, 4730.25, 4731.22, and 4734.36 of the Revised Code, the	10367
board shall follow the procedure for suspension without a prior	10368
hearing in section 119.07 of the Revised Code. The suspension	10369
shall remain in effect, unless removed by the board, until the	10370
board's final adjudication order becomes effective, except that if	10371
the board does not issue its final adjudication order within	10372
ninety days after the hearing, the suspension shall be void on the	10373
ninety-first day after the hearing.	10374

(C) On receiving notification pursuant to section 2929.24	10375
2929.42 or 3719.12 of the Revised Code, the board under which a	10376
person has been issued a license, certificate, or evidence of	10377
registration immediately shall suspend the license, certificate,	10378
or registration of that person on a plea of guilty to, a finding	10379
by a jury or court of the person's guilt of, or conviction of a	10380
felony drug abuse offense; a finding by a court of the person's	10381
eligibility for intervention in lieu of conviction; a plea of	10382
guilty to, or a finding by a jury or court of the person's guilt	10383
of, or the person's conviction of an offense in another	10384
jurisdiction that is essentially the same as a felony drug abuse	10385
offense; or a finding by a court of the person's eligibility for	10386
treatment or intervention in lieu of conviction in another	10387
jurisdiction. The board shall notify the holder of the license,	10388
certificate, or registration of the suspension, which shall remain	10389
in effect until the board holds an adjudicatory hearing under	10390
Chapter 119. of the Revised Code.	10391

Sec. 3719.70.  (A) When testimony, information, or other	10392
evidence in the possession of a person who uses, possesses, or	10393
trafficks in any drug of abuse appears necessary to an	10394
investigation by law enforcement authorities into illicit sources	10395
of any drug of abuse, or appears necessary to successfully	10396
institute, maintain, or conclude a prosecution for any drug abuse	10397
offense, as defined in section 2925.01 of the Revised Code, a	10398
judge of the court of common pleas may grant to that person	10399
immunity from prosecution for any offense based upon the	10400
testimony, information, or other evidence furnished by that	10401
person, other than a prosecution of that person for giving false	10402
testimony, information, or other evidence.	10403

(B)(1) When a person is convicted of any misdemeanor drug	10404
abuse offense, the court, in determining whether to suspend	10405
sentence or place the person on probationunder a community	10406
control sanction pursuant to section 2929.25 of the Revised Code,	10407
shall take into consideration whether the person truthfully has	10408
revealed all information within the person's knowledge concerning	10409
illicit traffic in or use of drugs of abuse and, when required,	10410
has testified as to that information in any proceeding to obtain a	10411
search or arrest warrant against another or to prosecute another	10412
for any offense involving a drug of abuse. The information shall	10413
include, but is not limited to, the identity and whereabouts of	10414
accomplices, accessories, aiders, and abettors, if any, of the	10415
person or persons from whom any drug of abuse was obtained or to	10416
whom any drug of abuse was distributed, and of persons known or	10417
believed to be drug dependent persons, together with the location	10418
of any place or places where and the manner in which any drug of	10419
abuse is illegally cultivated, manufactured, sold, possessed, or	10420
used. The information also shall include all facts and	10421
circumstances surrounding any illicit traffic in or use of drugs	10422
of abuse of that nature.	10423

(2) If a person otherwise is eligible for intervention in	10424
lieu of conviction and being ordered to a period of rehabilitation	10425
under section 2951.041 of the Revised Code but the person has	10426
failed to cooperate with law enforcement authorities by providing	10427
them with the types of information described in division (B)(1) of	10428
this section, the person's lack of cooperation may be considered	10429
by the court under section 2951.041 of the Revised Code in	10430
determining whether to stay all criminal proceedings and order the	10431
person to a requested period of intervention.	10432

(C) In the absence of a competent and voluntary waiver of	10433
the right against self-incrimination, no information or testimony	10434
furnished pursuant to division (B) of this section shall be used	10435
in a prosecution of the person furnishing it for any offense other	10436
than a prosecution of that person for giving false testimony,	10437
information, or other evidence.	10438

Sec. 3734.44.  Notwithstanding the provisions of any law to	10439
the contrary, no permit or license shall be issued or renewed by	10440
the director of environmental protection, the hazardous waste	10441
facility board, or a board of health:	10442

(A) Unless the director, the hazardous waste facility board,	10443
or the board of health finds that the applicant, in any prior	10444
performance record in the transportation, transfer, treatment,	10445
storage, or disposal of solid wastes, infectious wastes, or	10446
hazardous waste, has exhibited sufficient reliability, expertise,	10447
and competency to operate the solid waste, infectious waste, or	10448
hazardous waste facility, given the potential for harm to human	10449
health and the environment that could result from the	10450
irresponsible operation of the facility, or, if no prior record	10451
exists, that the applicant is likely to exhibit that reliability,	10452
expertise, and competence;	10453

(B) If any individual or business concern required to be	10454
listed in the disclosure statement or shown to have a beneficial	10455
interest in the business of the applicant or the permittee, other	10456
than an equity interest or debt liability, by the investigation	10457
thereof, has been convicted of any of the following crimes under	10458
the laws of this state or equivalent laws of any other	10459
jurisdiction:	10460

(1) Murder;

10461

(2) Kidnapping;

10462

(3) Gambling;

10463

(4) Robbery;

10464

(5) Bribery;

10465

(6) Extortion;

10466

(7) Criminal usury;

10467

(8) Arson;

10468

(9) Burglary;

10469

(10) Theft and related crimes;

10470

(11) Forgery and fraudulent practices;

10471

(12) Fraud in the offering, sale, or purchase of securities;

10472

(13) Alteration of motor vehicle identification numbers;

10473

(14) Unlawful manufacture, purchase, use, or transfer of	10474
firearms;	10475

(15) Unlawful possession or use of destructive devices or	10476
explosives;	10477

(16) ViolationA violation of section 2925.03, 2925.04,	10478
2925.05, 2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of	10479
the Revised Code, unless the violation is for possession of less	10480
than one hundred grams of marihuana, less than five grams of	10481
marihuana resin or extraction or preparation of marihuana resin,	10482
or less than one gram of marihuana resin in a liquid concentrate,	10483
liquid extract, or liquid distillate form;	10484

(17) Engaging in a pattern of corrupt activity under section	10485
2923.32 of the Revised Code;	10486

(18) ViolationA violation of the criminal provisions of	10487
Chapter 1331. of the Revised Code;	10488

(19) Any violation of the criminal provisions of any federal	10489
or state environmental protection laws, rules, or regulations that	10490
is committed knowingly or recklessly, as defined in section	10491
2901.22 of the Revised Code;	10492

(20) ViolationA violation of any provision of Chapter 2909.	10493
of the Revised Code;	10494

(21) Any offense specified in Chapter 2921. of the Revised	10495
Code.	10496

(C) Notwithstanding division (B) of this section, no	10497
applicant shall be denied the issuance or renewal of a permit or	10498
license on the basis of a conviction of any individual or business	10499
concern required to be listed in the disclosure statement or shown	10500
to have a beneficial interest in the business of the applicant or	10501
the permittee, other than an equity interest or debt liability, by	10502
the investigation thereof for any of the offenses enumerated in	10503
that division as disqualification criteria if that applicant has	10504
affirmatively demonstrated rehabilitation of the individual or	10505
business concern by a preponderance of the evidence. If any such	10506
individual was convicted of any of the offenses so enumerated that	10507
are felonies, a permit shall be denied unless five years have	10508
elapsed since the individual was fully discharged from	10509
imprisonment and parole for the offense, from a community control	10510
sanction imposed under section 2929.15 of the Revised Code, from a	10511
post-release control sanction imposed under section 2967.28 of the	10512
Revised Code for the offense, or imprisonment, probation, and	10513
parole for an offense that was committed prior to the effective	10514
date of this amendmentJuly 1, 1996. In determining whether an	10515
applicant has affirmatively demonstrated rehabilitation, the	10516
director, the hazardous waste facility board, or the board of	10517
health shall request a recommendation on the matter from the	10518
attorney general and shall consider and base the determination on	10519
the following factors:	10520

(1) The nature and responsibilities of the position a	10521
convicted individual would hold;	10522

(2) The nature and seriousness of the offense;

10523

(3) The circumstances under which the offense occurred;

10524

(4) The date of the offense;

10525

(5) The age of the individual when the offense was	10526
committed;	10527

(6) Whether the offense was an isolated or repeated	10528
incident;	10529

(7) Any social conditions that may have contributed to the	10530
offense;	10531

(8) Any evidence of rehabilitation, including good conduct	10532
in prison or in the community, counseling or psychiatric treatment	10533
received, acquisition of additional academic or vocational	10534
schooling, successful participation in correctional work release	10535
programs, or the recommendation of persons who have or have had	10536
the applicant under their supervision;	10537

(9) In the instance of an applicant that is a business	10538
concern, rehabilitation shall be established if the applicant has	10539
implemented formal management controls to minimize and prevent the	10540
occurrence of violations and activities that will or may result in	10541
permit or license denial or revocation or if the applicant has	10542
formalized those controls as a result of a revocation or denial of	10543
a permit or license. Those controls may include, but are not	10544
limited to, instituting environmental auditing programs to help	10545
ensure the adequacy of internal systems to achieve, maintain, and	10546
monitor compliance with applicable environmental laws and	10547
standards or instituting an antitrust compliance auditing program	10548
to help ensure full compliance with applicable antitrust laws. The	10549
business concern shall prove by a preponderance of the evidence	10550
that the management controls are effective in preventing the	10551
violations that are the subject of concern.	10552

(D) Unless the director, the hazardous waste facility board,	10553
or the board of health finds that the applicant has a history of	10554
compliance with environmental laws in this state and other	10555
jurisdictions and is presently in substantial compliance with, or	10556
on a legally enforceable schedule that will result in compliance	10557
with, environmental laws in this state and other jurisdictions.;	10558

(E) With respect to the approval of a permit, if the	10559
director or the hazardous waste facility board determines that	10560
current prosecutions or pending charges in any jurisdiction for	10561
any of the offenses enumerated in division (B) of this section	10562
against any individual or business concern required to be listed	10563
in the disclosure statement or shown by the investigation to have	10564
a beneficial interest in the business of the applicant other than	10565
an equity interest or debt liability are of such magnitude that	10566
they prevent making the finding required under division (A) of	10567
this section, provided that at the request of the applicant or the	10568
individual or business concern charged, the director or the	10569
hazardous waste facility board shall defer decision upon the	10570
application during the pendency of the charge.	10571

Sec. 3735.311.  (A) As used in this section, "felony" has	10572
the same meaning as in section 109.511 of the Revised Code.	10573

(B)(1) A metropolitan housing authority shall not employ a	10574
person as a member of the police force of the metropolitan housing	10575
authority on a permanent basis, on a temporary basis, for a	10576
probationary term, or on other than a permanent basis if the	10577
person previously has been convicted of or has pleaded guilty to a	10578
felony.	10579

(2)(a) A metropolitan housing authority shall terminate the	10580
employment of a member of the police force of the metropolitan	10581
housing authority who does either of the following:	10582

(i) Pleads guilty to a felony;

10583

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	10584
plea agreement as provided in division (D) of section 2929.29	10585
2929.43 of the Revised Code in which the member of the police	10586
force agrees to surrender the certificate awarded to that member	10587
under section 109.77 of the Revised Code.	10588

(b) A metropolitan housing authority shall suspend from	10589
employment a member of the police force of the metropolitan	10590
housing authority who is convicted, after trial, of a felony. If	10591
the member of the police force files an appeal from that	10592
conviction and the conviction is upheld by the highest court to	10593
which the appeal is taken or if the member of the police force	10594
does not file a timely appeal, the metropolitan housing authority	10595
shall terminate the employment of that member of the police force.	10596
If the member of the police force files an appeal that results in	10597
that member's acquittal of the felony or conviction of a	10598
misdemeanor, or in the dismissal of the felony charge against that	10599
member, the metropolitan housing authority shall reinstate that	10600
member of the police force. A member of the police force who is	10601
reinstated under division (B)(2)(b) of this section shall not	10602
receive any back pay unless that member's conviction of the felony	10603
was reversed on appeal, or the felony charge was dismissed,	10604
because the court found insufficient evidence to convict the	10605
member of the police force of the felony.	10606

(3) Division (B) of this section does not apply regarding an	10607
offense that was committed prior to January 1, 1997.	10608

(4) The suspension from employment, or the termination of	10609
the employment, of a member of the police force of a metropolitan	10610
housing authority under division (B)(2) of this section shall be	10611
in accordance with Chapter 119. of the Revised Code.	10612

Sec. 3748.99.  (A) Except as otherwise provided in division	10613
(B) of this section, whoever violates section 3748.15 of the	10614
Revised Code is guilty of a misdemeanor and shall be fined not	10615
more than one thousand dollars.	10616

(B)(1) Except as otherwise provided in division (B)(2) of	10617
this section, whoever recklessly violates section 3748.10 of the	10618
Revised Code or an order issued under division (B) of section	10619
3748.17 of the Revised Code to enforce that section is guilty of a	10620
felony of the fourth degree. Notwithstanding the statutory	10621
conventional fines specified for felonies in section 2929.18 of	10622
the Revised Code, if the court imposes a fine as a sanction, the	10623
fine shall be not less than ten thousand nor more than twenty-five	10624
thousand dollars. Each day of violation is a separate offense.	10625

(2) Upon a second or subsequent conviction of a violation of	10626
section 3748.10 of the Revised Code or an order issued under	10627
division (B) of section 3748.17 of the Revised Code to enforce	10628
that section that was committed recklessly, the offender is guilty	10629
of a felony of the fourth degree. Notwithstanding the statutory	10630
conventional fines specified for felonies in section 2929.18 of	10631
the Revised Code, if the court imposes a fine as a sanction, the	10632
fine shall be not less than twenty thousand nor more than fifty	10633
thousand dollars per day of violation. Each day of violation is a	10634
separate offense.	10635

Sec. 3793.13.  (A) Records or information, other than court	10636
journal entries or court docket entries, pertaining to the	10637
identity, diagnosis, or treatment of any patient whichthat are	10638
maintained in connection with the performance of any drug	10639
treatment program licensed by, or certified by, the director of	10640
alcohol and drug addiction services, under section 3793.11 of the	10641
Revised Code, shall be kept confidential, may be disclosed only	10642
for the purposes and under the circumstances expressly authorized	10643
under this section, and may not otherwise be divulged in any	10644
civil, criminal, administrative, or legislative proceeding.	10645

(B) When the patient, with respect to whom any record or	10646
information referred to in division (A) of this section is	10647
maintained, gives his consent in the form of a written release	10648
signed by the patient, the content of the record or information	10649
may be disclosed if the written release:	10650

(1) Specifically identifies the person, official, or entity	10651
to whom the information is to be provided;	10652

(2) Describes with reasonable specificity the record,	10653
records, or information to be disclosed; and	10654

(3) Describes with reasonable specificity the purposes of	10655
the disclosure and the intended use of the disclosed information.	10656

(C) A patient who is subject to a community control	10657
sanction, parole, probation,or a post-release control sanction or	10658
who is ordered to rehabilitation in lieu of conviction, and who	10659
has agreed to participate in a drug treatment or rehabilitation	10660
program as a condition of the community control sanction,	10661
post-release control sanction, parole, probation, or order to	10662
rehabilitation, shall be considered to have consented to the	10663
release of records and information relating to the progress of	10664
treatment, frequency of treatment, adherence to treatment	10665
requirements, and probable outcome of treatment. Release of	10666
information and records under this division shall be limited to	10667
the court or governmental personnel having the responsibility for	10668
supervising his probationthe patient's community control	10669
sanction, post-release control sanction, parole, or order to	10670
rehabilitation. A patient, described in this division, who	10671
refuses to allow disclosure may be considered in violation of the	10672
conditions of histhe patient's community control sanction,	10673
post-release control sanction, parole, probation, or order to	10674
rehabilitation.	10675

(D) Disclosure of a patient's record may be made without his	10676
the patient's consent to qualified personnel for the purpose of	10677
conducting scientific research, management, financial audits, or	10678
program evaluation, but these personnel may not identify, directly	10679
or indirectly, any individual patient in any report of the	10680
research, audit, or evaluation, or otherwise disclose a patient's	10681
identity in any manner.	10682

(E) Upon the request of a prosecuting attorney or the	10683
director of alcohol and drug addiction services, a court of	10684
competent jurisdiction may order the disclosure of records or	10685
information referred to in division (A) of this section if the	10686
court has reason to believe that a treatment program or facility	10687
is being operated or used in a manner contrary to law. The use of	10688
any information or record so disclosed shall be limited to the	10689
prosecution of persons who are or may be charged with any offense	10690
related to the illegal operation or use of the drug treatment	10691
program or facility, or to the decision to withdraw the authority	10692
of a drug treatment program or facility to continue operation. For	10693
purposes of this division the court shall:	10694

(1) Limit disclosure to those parts of the patient's record	10695
considered essential to fulfill the objective for which the order	10696
was granted;	10697

(2) Require, where appropriate, that all information be	10698
disclosed in chambers;	10699

(3) Include any other appropriate measures to keep	10700
disclosure to a minimum, consistent with the protection of the	10701
patients, the physician-patient relationship, and the	10702
administration of the drug treatment and rehabilitation program.	10703

(F) As used in this section:

10704

(1) "Community control sanction" has the same meaning as in	10705
section 2929.01 of the Revised Code.	10706

(2) "Post-release control sanction" has the same meaning as	10707
in section 2967.01 of the Revised Code.	10708

Sec. 3937.43.  (A) As used in this section:

10709

(1) "Automobile insurance policies" has the same meaning as	10710
in section 3937.30 of the Revised Code.	10711

(2) "Moving violation" means any violation of any statute or	10712
ordinance that regulates the operation of vehicles, streetcars, or	10713
trackless trolleys on highways or streets or that regulates size	10714
or load limitations or fitness requirements of vehicles. "Moving	10715
violation" does not include the violation of any statute or	10716
ordinance that regulates pedestrians or the parking of vehicles.	10717

(3)"Community control sanction" has the same meaning as in	10718
section 2929.01 of the Revised Code.	10719

(B) Every rating plan or schedule of rates for automobile	10720
insurance policies that is filed with the superintendent of	10721
insurance shall provide for an appropriate reduction in premium	10722
charges for any insured or applicant for insurance under the	10723
following conditions:	10724

(1) The applicant or insured is sixty years of age or older;

10725

(2) The applicant or insured successfully completes a motor	10726
vehicle accident prevention course, which includes classroom	10727
instruction and the passing of an examination in accordance with	10728
both of the following:	10729

(a) The state highway patrol shall approve the course and	10730
the examination. However, the state highway patrol shall not	10731
approve any correspondence course or any other course that does	10732
not provide classroom instruction.	10733

(b) The examination shall include an actual demonstration of	10734
the applicant's or insured's ability to exercise ordinary and	10735
reasonable control in the operation of a motor vehicle.	10736

(3) The applicant or insured submits to the insurer a	10737
certificate that is issued by the sponsor of the motor vehicle	10738
accident prevention course and attests to the successful	10739
completion of the course by the applicant or insured;	10740

(4) The insurer may consider the driving record of the	10741
applicant or insured in accordance with divisions (C) and (D) of	10742
this section.	10743

(C) In determining whether to grant a reduction in premium	10744
charges in accordance with this section, the insurer may consider	10745
the driving record of the insured or applicant for a three-year	10746
period prior to the successful completion of a motor vehicle	10747
accident prevention course.	10748

(D)(1) Subject to division (D)(2) of this section, every	10749
reduction in premium charges granted in accordance with this	10750
section shall be effective for an insured for a three-year period	10751
after each successful completion of a motor vehicle accident	10752
prevention course.	10753

(2) As a condition of maintaining a reduction in premium	10754
charges granted in accordance with this section, an insurer may	10755
require that the insured, during the three-year period for which	10756
the reduction has been granted, neither be involved in an accident	10757
for which the insured is primarily at fault, nor be convicted of	10758
more than one moving violation.	10759

(E) A reduction in premium charges granted in accordance	10760
with this section shall not become effective until the first full	10761
term of coverage following the successful completion of a motor	10762
vehicle accident prevention course in accordance with division (B)	10763
of this section.	10764

(F) The superintendent of the state highway patrol shall	10765
adopt rules in accordance with Chapter 119. of the Revised Code	10766
that are necessary to carry out the duties of the state highway	10767
patrol under this section.	10768

(G) This section does not apply to any automobile insurance	10769
policy issued under an assigned risk plan pursuant to section	10770
4509.70 of the Revised Code.	10771

(H) This section does not apply to circumstances in which	10772
the motor vehicle accident prevention course is required by a	10773
court as a condition of probation or suspension of sentencea	10774
community control sanction imposed for a moving violation.	10775

Sec. 3959.13.  Any person who, while licensed as an	10776
administrator, is convicted of a felony, shall report the	10777
conviction to the superintendent of insurance within thirty days	10778
of the entry date of the judgment of conviction. Within that	10779
thirty-day period, the person shall also provide the	10780
superintendent with a copy of the judgment, the probation or	10781
commitment order or the order imposing a community control	10782
sanction, and any other relevant documents.	10783

As used in this section, "community control sanction" has the	10784
same meaning as in section 2929.01 of the Revised Code.	10785

Sec. 4507.021.  (A) Every county court judge, mayor of a	10786
mayor's court, and clerk of a court of record shall keep a full	10787
record of every case in which a person is charged with any	10788
violation of sections 4511.01 to 4511.771, 4511.99, and 4513.01 to	10789
4513.36 of the Revised Code, or of any other law or ordinance	10790
regulating the operation of vehicles, streetcars, and trackless	10791
trolleys on highways or streets.	10792

A United States district court whose jurisdiction lies within	10793
this state may keep a full record of every case in which a person	10794
is charged with any violation of sections 4511.01 to 4511.771,	10795
4511.99, and 4513.01 to 4513.36 of the Revised Code, or of any	10796
other law or ordinance regulating the operation of vehicles,	10797
streetcars, and trackless trolleys on highways or streets located	10798
on federal property within this state.	10799

(B) If a person is convicted of or forfeits bail in relation	10800
to a violation of any section listed in division (A) of this	10801
section or a violation of any other law or ordinance regulating	10802
the operation of vehicles, streetcars, and trackless trolleys on	10803
highways or streets, the county court judge, mayor of a mayor's	10804
court, or clerk, within ten days after the conviction or bail	10805
forfeiture, shall prepare and immediately forward to the bureau of	10806
motor vehicles an abstract, certified by the preparer to be true	10807
and correct, of the court record covering the case in which the	10808
person was convicted or forfeited bail.	10809

If a person is convicted of or forfeits bail in relation to a	10810
violation of any section listed in division (A) of this section or	10811
a violation of any other law or ordinance regulating the operation	10812
of vehicles, streetcars, and trackless trolleys on highways or	10813
streets, a United States district court whose jurisdiction lies	10814
within this state, within ten days after the conviction or bail	10815
forfeiture, may prepare and immediately forward to the bureau an	10816
abstract, certified by the preparer to be true and correct, of the	10817
court record covering the case in which the person was convicted	10818
or forfeited bail.	10819

(C)(1) Each abstract required by division (B) of this	10820
section shall be made upon a form approved and furnished by the	10821
bureau and shall include the name and address of the person	10822
charged, the number of the person's driver's or commercial	10823
driver's license, the registration number of the vehicle involved,	10824
the nature of the offense, the date of the offense, the date of	10825
hearing, the plea, the judgment, or whether bail was forfeited,	10826
and the amount of the fine or forfeiture.	10827

If a United States district court whose jurisdiction lies	10828
within this state utilizes the provision contained in division (B)	10829
of this section and forwards an abstract to the bureau, on a form	10830
approved and furnished by the bureau, containing all the	10831
information prescribed in division (C)(1) of this section, the	10832
bureau shall accept and process the abstract in the same manner as	10833
it accepts and processes an abstract received from a county judge,	10834
mayor of a mayor's court, or clerk of a court of record.	10835

(2)(a) If a person is charged with a violation of section	10836
4511.19 of the Revised Code or a violation of any ordinance	10837
relating to operating a vehicle while under the influence of	10838
alcohol, a drug of abuse, or alcohol and a drug of abuse or	10839
relating to operating a vehicle with a prohibited concentration of	10840
alcohol in the blood, breath, or urine; if that charge is	10841
dismissed or reduced; if the person is convicted of or forfeits	10842
bail in relation to a violation of any other section of the	10843
Revised Code or of any ordinance that regulates the operation of	10844
vehicles, streetcars, and trackless trolleys on highways and	10845
streets but that does not relate to operating a vehicle while	10846
under the influence of alcohol, a drug of abuse, or alcohol and a	10847
drug of abuse or to operating a vehicle with a prohibited	10848
concentration of alcohol in the blood, breath, or urine; and if	10849
the violation of which the person was convicted or in relation to	10850
which the person forfeited bail arose out of the same facts and	10851
circumstances and the same act as did the charge that was	10852
dismissed or reduced, the abstract also shall set forth the charge	10853
that was dismissed or reduced, indicate that it was dismissed or	10854
reduced, and indicate that the violation resulting in the	10855
conviction or bail forfeiture arose out of the same facts and	10856
circumstances and the same act as did the charge that was	10857
dismissed or reduced.	10858

(b) If a charge against a person of a violation of division	10859
(B)(1) or (D)(2) of section 4507.02 of the Revised Code or any	10860
municipal ordinance that is substantially equivalent to that	10861
division is dismissed or reduced and if the person is convicted of	10862
or forfeits bail in relation to a violation of any other section	10863
of the Revised Code or any other ordinance that regulates the	10864
operation of vehicles, streetcars, and trackless trolleys on	10865
highways and streets that arose out of the same facts and	10866
circumstances as did the charge that was dismissed or reduced, the	10867
abstract also shall set forth the charge that was dismissed or	10868
reduced, indicate that it was dismissed or reduced, and indicate	10869
that the violation resulting in the conviction or bail forfeiture	10870
arose out of the same facts and circumstances and the same act as	10871
did the charge that was dismissed or reduced.	10872

(3) If a person was convicted of or pleaded guilty to a	10873
violation of division (B)(1) or (D)(2) of section 4507.02 of the	10874
Revised Code, a substantially equivalent municipal ordinance,	10875
section 4507.33 or division (A) of section 4511.19 of the Revised	10876
Code, or a municipal ordinance relating to operating a vehicle	10877
while under the influence of alcohol, a drug of abuse, or alcohol	10878
and a drug of abuse or with a prohibited concentration of alcohol	10879
in the blood, breath, or urine, and division (E) of section	10880
4503.234 of the Revised Code prohibits the registrar of motor	10881
vehicles and all deputy registrars from accepting an application	10882
for the registration of, or registering, any motor vehicle in the	10883
name of that person, the abstract shall specifically set forth	10884
these facts and clearly indicate the date on which the order of	10885
criminal forfeiture was issued or would have been issued but for	10886
the operation of division (C) of section 4503.234 or section	10887
4503.235 of the Revised Code. If the registrar receives an	10888
abstract containing this information relating to a person, the	10889
registrar, in accordance with sections 4503.12 and 4503.234 of the	10890
Revised Code, shall take all necessary measures to prevent the	10891
registrar's office or any deputy registrar from accepting from the	10892
person, for the period of time ending five years after the date on	10893
which the order was issued or would have been issued and as	10894
described in division (E) of section 4503.234 of the Revised Code,	10895
any new application for the registration of any motor vehicle in	10896
the name of the person.	10897

(D)(1) Every court of record also shall forward to the	10898
bureau an abstract of the court record as described in division	10899
(C) of this section upon the conviction of any person of	10900
aggravated vehicular homicide or vehicular homicide or of a felony	10901
in the commission of which a vehicle was used.	10902

A United States district court whose jurisdiction lies within	10903
this state also may forward to the bureau an abstract as described	10904
in division (C) of this section upon the conviction of any person	10905
of aggravated vehicular homicide or vehicular homicide or of a	10906
felony in the commission of which a vehicle was used.	10907

(2)(a) If a child has been adjudicated an unruly or	10908
delinquent child or a juvenile traffic offender for having	10909
committed any act that if committed by an adult would be a drug	10910
abuse offense, as defined in section 2925.01 of the Revised Code,	10911
or any violation of division (B) of section 2917.11 or of section	10912
4511.19 of the Revised Code, the court shall notify the bureau, by	10913
means of an abstract of the court record as described in divisions	10914
(B) and (C) of this section, within ten days after the	10915
adjudication.	10916

(b) If a court requires a child as provided in division	10917
(D)(2)(a) of this section to attend a drug abuse or alcohol abuse	10918
education, intervention, or treatment program, the abstract	10919
required by that division and forwarded to the bureau also shall	10920
include the name and address of the operator of the program and	10921
the date that the child entered the program. If the child	10922
satisfactorily completes the program, the court, immediately upon	10923
receipt of such information, shall send to the bureau an updated	10924
abstract that also shall contain the date on which the child	10925
satisfactorily completed the program.	10926

(E) The purposeful failure or refusal of the officer to	10927
comply with this section constitutes misconduct in office and is a	10928
ground for removal from the office.	10929

(F) The bureau shall record within ten days and keep all	10930
abstracts received under this section at its main office and shall	10931
maintain records of convictions and bond forfeitures for any	10932
violation of law or ordinance regulating the operation of	10933
vehicles, streetcars, and trackless trolleys on highways and	10934
streets, except as to parking a motor vehicle. The bureau also	10935
shall record any abstract of a case involving a first violation of	10936
division (D) of section 4511.21 of the Revised Code, whether or	10937
not points are to be assessed therefor, in such a manner that it	10938
becomes a part of the person's permanent record and assists a	10939
court in monitoring the assessment of points under division (G) of	10940
this section.	10941

(G) Every court of record or mayor's court before which a	10942
person is charged with a violation for which points are chargeable	10943
by this section shall assess and transcribe to the abstract of	10944
conviction report, furnished by the bureau, the number of points	10945
chargeable by this section in the correct space assigned on the	10946
reporting form. A United States district court whose jurisdiction	10947
lies within this state and before whom a person is charged with a	10948
violation for which points are chargeable by this section may	10949
assess and transcribe to the abstract of conviction report,	10950
furnished by the bureau, the number of points chargeable by this	10951
section in the correct space assigned on the reporting form. If	10952
the court so assesses and transcribes to the abstract of	10953
conviction report the number of points chargeable, the bureau	10954
shall record the points in the same manner as those assessed and	10955
transcribed by every court of record or mayor's court of this	10956
state. The points shall be assessed based on the following	10957
formula:	10958

(H) Upon receiving notification from the proper court,	11032
including a United States district court whose jurisdiction lies	11033
within this state, the bureau shall delete any points entered for	11034
bond forfeiture in the event the driver is acquitted of the	11035
offense for which bond was posted.	11036

(I) In the event a person is convicted of, or forfeits bail	11037
for two or more offenses, arising out of the same facts, and	11038
points are chargeable for each of the offenses, points shall be	11039
charged for only the conviction or bond forfeiture for which the	11040
greater number of points is chargeable, and if the number of	11041
points chargeable for each offense is equal, only one offense	11042
shall be recorded and points charged therefor.	11043

(J) Whenever the points charged against any person exceed	11044
five, the registrar shall forward to the person at the person's	11045
last known address, via regular mail, a warning letter listing the	11046
reported violations, along with the number of points charged for	11047
each, and outlining the suspension provision of this section.	11048

(K) When, upon determination of the registrar, any person	11049
has charged against the person a total of not less than twelve	11050
points within a period of two years from the date of the first	11051
conviction within the two-year period, the registrar shall send	11052
written notification to the person at the person's last known	11053
address, that the person's driver's or commercial driver's license	11054
shall be suspended for six months, effective on the twentieth day	11055
after mailing the notice, unless the person files a petition in	11056
the municipal court or the county court, or in case such person is	11057
under the age of eighteen years, in the juvenile court, in whose	11058
jurisdiction such person resides, or in the case of a nonresident,	11059
in the Franklin county municipal court. By filing an appeal the	11060
person is agreeing to pay the cost of the proceedings and is	11061
alleging that the person can show cause why the person's driving	11062
privileges should not be suspended for a period of six months.	11063

(L) Any person who has charged against the person more than	11064
five but not more than eleven points, for the purpose of obtaining	11065
a credit of two points against the total amount of points on the	11066
person's driving record, may enroll for one time only in a course	11067
of remedial driving instruction, as approved by the director of	11068
public safety. Such a credit, subject to successful completion of	11069
an approved remedial driving course taken at a time when more than	11070
five but not more than eleven points are charged against the	11071
person, shall be approved by the registrar.	11072

(M) When the driving privileges of any person are suspended	11073
by any trial judge of any court of record pursuant to section	11074
4507.16 of the Revised Code, and points are charged against the	11075
person under this section for the offense which resulted in the	11076
suspension, that period of suspension shall be credited against	11077
the time of any subsequent suspension under this section for which	11078
the points were considered in making the subsequent suspension.	11079

When the driving privileges of a person are suspended	11080
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988),	11081
18 U.S.C.A. 13, as amended, by a United States district court	11082
whose jurisdiction lies within this state and the court utilizes	11083
the provision contained in division (B) of this section, and	11084
points are charged against the person under this section for the	11085
offense that resulted in the suspension, the period of suspension	11086
imposed by the district court shall be credited against the time	11087
of any subsequent suspension imposed under this section for which	11088
the points were considered in making the subsequent suspension.	11089

(N) The registrar, upon written request of a licensee	11090
petitioning under division (K) of this section, shall furnish the	11091
licensee a copy of the registrar's record of the convictions and	11092
bond forfeitures of the person certified by the registrar. This	11093
record shall include the name, address, and birthdate of the	11094
person so charged; the number of the person's driver's or	11095
commercial driver's license; the name of the court in which each	11096
conviction or bail forfeiture took place; the nature of the	11097
offense; the date of hearing; the number of points charged against	11098
each conviction or bail forfeiture; and such other information as	11099
the registrar considers necessary. When the record includes not	11100
less than twelve points charged against the person within a	11101
two-year period, it is prima-facie evidence that the person is a	11102
repeat traffic offender and the person's driving privilege shall	11103
be suspended as provided in this section.	11104

In hearing the matter and determining whether the person has	11105
shown cause why the person's driving privileges should not be	11106
suspended, the court shall decide the issue upon the record	11107
certified by the registrar and such additional relevant,	11108
competent, and material evidence as either the registrar or the	11109
person whose license is sought to be suspended submits.	11110

In such proceedings, the registrar shall be represented by	11111
the prosecuting attorney of the county in which the person resides	11112
if the petition is filed in the county court, except where the	11113
petitioner is a resident of a city or village within the	11114
jurisdiction of a county court in which case the city director of	11115
law or village solicitor shall represent the registrar. If the	11116
petition is filed in the municipal court, the registrar shall be	11117
represented as provided in section 1901.34 of the Revised Code.	11118

If the court finds from the evidence submitted that the	11119
person has failed to show cause why the person's driving	11120
privileges should not be suspended, then the court shall assess	11121
the cost of the proceedingproceedings against the person and	11122
shall impose the suspension provided in division (K) of this	11123
section or withhold the suspension, or part thereofof the	11124
suspension, and provide suchany conditions or probation asthat	11125
the court deems proper or impose a community control sanction	11126
pursuant to section 2929.15 or 2929.25 of the Revised Code. If	11127
the court finds that the person has shown cause why the person's	11128
driving privileges should not be suspended, the cost of the	11129
proceedings shall be paid out of the county treasury of the county	11130
in which the proceedings were held.	11131

Any person whose license is suspended under this section is	11132
not entitled to apply for or receive a new license during the	11133
effective period of the suspension.	11134

Upon termination of any suspension or other penalty imposed	11135
under this section involving surrender of a license or permit and	11136
upon request of the person whose license or permit was so	11137
suspended or surrendered, the registrar shall return the license	11138
or permit to the person upon determining that all provisions of	11139
section 4507.022 of the Revised Code have been met or shall	11140
reissue the person's license or permit under section 4507.54 of	11141
the Revised Code, if the registrar destroyed the license or permit	11142
under that section.	11143

Any person whose license, permit, or privilege to operate a	11144
motor vehicle has been suspended as a repeat traffic offender	11145
under this section and who, during such suspension, drives any	11146
motor vehicle upon any highway is guilty of a misdemeanor of the	11147
first degree, and no court shall suspend the first three days of	11148
any such sentence.	11149

(O) The privilege of driving a motor vehicle on the highways	11150
or streets of this state, given to nonresidents under section	11151
4507.04 of the Revised Code, is subject to suspension by the	11152
registrar.	11153

Sec. 4507.022.  Any person whose driver's or commercial	11154
driver's license or permit is suspended, or who is put on	11155
probationplaced under a community control sanction or granted	11156
limited or occupational driving privileges, under section 4507.021	11157
or division (E) of section 4507.16 of the Revised Code, is not	11158
eligible to retain the person's license, or to have the person's	11159
driving privileges reinstated, until each of the following has	11160
occurred:	11161

(A) The person successfully completes a course of remedial	11162
driving instruction approved by the director of public safety,	11163
provided the person commences taking the course after the person's	11164
driver's or commercial driver's license or permit is suspended	11165
under section 4507.021 or division (E) of section 4507.16 of the	11166
Revised Code. A minimum of twenty-five per cent of the number of	11167
hours of instruction included in the course shall be devoted to	11168
instruction on driver attitude.	11169

The course also shall devote a number of hours to instruction	11170
in the area of alcohol and drugs and the operation of motor	11171
vehicles. The instruction shall include, but not be limited to, a	11172
review of the laws governing the operation of a motor vehicle	11173
while under the influence of alcohol, drugs, or both, the dangers	11174
of operating a motor vehicle while under the influence of alcohol,	11175
drugs, or both, and other information relating to the operation of	11176
motor vehicles and the consumption of alcoholic beverages and use	11177
of drugs. The director, in consultation with the director of	11178
alcohol and drug addiction services, shall prescribe the content	11179
of the instruction. The number of hours devoted to the area of	11180
alcohol and drugs and the operation of motor vehicles shall	11181
comprise a minimum of twenty-five per cent of the number of hours	11182
of instruction included in the course.	11183

(B) The person is examined in the manner provided for in	11184
section 4507.20 of the Revised Code, and found by the registrar of	11185
motor vehicles to be qualified to operate a motor vehicle;	11186

(C) The person gives and maintains proof of financial	11187
responsibility, in accordance with section 4509.45 of the Revised	11188
Code.	11189

As used in this section, "community control sanction" has the	11190
same meaning as in section 2929.01 of the Revised Code.	11191

Sec. 4507.16.  (A)(1) The trial judge of any court of	11192
record, in addition to or independent of all other penalties	11193
provided by law or by ordinance, shall suspend for not less than	11194
thirty days or more than three years or shall revoke the driver's	11195
or commercial driver's license or permit or nonresident operating	11196
privilege of any person who is convicted of or pleads guilty to	11197
any of the following:	11198

(a) Perjury or the making of a false affidavit under this	11199
chapter, or any other law of this state requiring the registration	11200
of motor vehicles or regulating their operation on the highway;	11201

(b) Any crime punishable as a felony under the motor vehicle	11202
laws of this state or any other felony in the commission of which	11203
a motor vehicle is used;	11204

(c) Failing to stop and disclose identity at the scene of	11205
the accident when required by law or ordinance to do so;	11206

(d) Street racing as defined in section 4511.251 of the	11207
Revised Code or any substantially similar municipal ordinance;	11208

(e) Willfully eluding or fleeing a police officer;

11209

(f) Trafficking in cigarettes with the intent to avoid	11210
payment of the cigarette tax under division (A) of section	11211
5743.112 of the Revised Code.	11212

(2) Subject to division (D)(1) of this section, the trial	11213
judge of any court of record, in addition to or independent of all	11214
other penalties provided by law or by ordinance, shall suspend the	11215
driver's or commercial driver's license or permit or nonresident	11216
operating privilege of any person who is convicted of or pleads	11217
guilty to a violation of section 2903.06 or 2903.08 of the Revised	11218
Code. The suspension shall be for the period of time specified in	11219
section 2903.06 or 2903.08 of the Revised Code, whichever is	11220
applicable.	11221

(3) If a person is convicted of or pleads guilty to a	11222
violation of section 2907.24 of the Revised Code, an attempt to	11223
commit a violation of that section, or a violation of or an	11224
attempt to commit a violation of a municipal ordinance that is	11225
substantially equivalent to that section and if the person, in	11226
committing or attempting to commit the violation, was in, was on,	11227
or used a motor vehicle, the trial judge of a court of record, in	11228
addition to or independent of all other penalties provided by law	11229
or ordinance, shall suspend for thirty days the person's driver's	11230
or commercial driver's license or permit.	11231

The trial judge of any court of record, in addition to	11232
suspensions or revocations of licenses, permits, or privileges	11233
pursuant to this division and in addition to or independent of all	11234
other penalties provided by law or by ordinance, shall impose a	11235
suspended jail sentence not to exceed six months, if imprisonment	11236
was not imposed for the offense for which the person was	11237
convicted.	11238

(4) If the trial judge of any court of record suspends or	11239
revokes the driver's or commercial driver's license or permit or	11240
nonresident operating privilege of a person who is convicted of or	11241
pleads guilty to any offense for which such suspension or	11242
revocation is provided by law or ordinance, in addition to all	11243
other penalties provided by law or ordinance, the judge may issue	11244
an order prohibiting the offender from registering, renewing, or	11245
transferring the registration of any vehicle during the period	11246
that the offender's license, permit, or privilege is suspended or	11247
revoked. The court promptly shall send a copy of the order to the	11248
registrar of motor vehicles.	11249

Upon receipt of such an order, neither the registrar nor any	11250
deputy registrar shall accept any application for the	11251
registration, registration renewal, or transfer of registration of	11252
any motor vehicle owned or leased by the person named in the order	11253
during the period that the person's license, permit, or privilege	11254
is suspended or revoked, unless the registrar is properly notified	11255
by the court that the order of suspension or revocation has been	11256
canceled. When the period of suspension or revocation expires or	11257
the order is canceled, the registrar or deputy registrar shall	11258
accept the application for registration, registration renewal, or	11259
transfer of registration of the person named in the order.	11260

(B) Except as otherwise provided in this section, the trial	11261
judge of any court of record and the mayor of a mayor's court, in	11262
addition to or independent of all other penalties provided by law	11263
or by ordinance, shall revoke the driver's or commercial driver's	11264
license or permit or nonresident operating privilege of any person	11265
who is convicted of or pleads guilty to a violation of division	11266
(A) of section 4511.19 of the Revised Code, of a municipal	11267
ordinance relating to operating a vehicle while under the	11268
influence of alcohol, a drug of abuse, or alcohol and a drug of	11269
abuse, or of a municipal ordinance that is substantially	11270
equivalent to division (A) of section 4511.19 of the Revised Code	11271
relating to operating a vehicle with a prohibited concentration of	11272
alcohol in the blood, breath, or urine or suspend the license,	11273
permit, or privilege as follows:	11274

(1) Except when division (B)(2), (3), or (4) of this section	11275
applies and the judge or mayor is required to suspend or revoke	11276
the offender's license or permit pursuant to that division, the	11277
judge or mayor shall suspend the offender's driver's or commercial	11278
driver's license or permit or nonresident operating privilege for	11279
not less than six months nor more than three years.	11280

(2) Subject to division (B)(4) of this section, if, within	11281
six years of the offense, the offender has been convicted of or	11282
pleaded guilty to one violation of division (A) or (B) of section	11283
4511.19 of the Revised Code, a municipal ordinance relating to	11284
operating a vehicle while under the influence of alcohol, a drug	11285
of abuse, or alcohol and a drug of abuse, a municipal ordinance	11286
relating to operating a motor vehicle with a prohibited	11287
concentration of alcohol in the blood, breath, or urine, section	11288
2903.04 of the Revised Code in a case in which the offender was	11289
subject to the sanctions described in division (D) of that	11290
section, section 2903.06 or 2903.08 of the Revised Code, former	11291
section 2903.07 of the Revised Code, or a municipal ordinance that	11292
is substantially similar to former section 2903.07 of the Revised	11293
Code in a case in which the jury or judge found that the offender	11294
was under the influence of alcohol, a drug of abuse, or alcohol	11295
and a drug of abuse, or a statute of the United States or of any	11296
other state or a municipal ordinance of a municipal corporation	11297
located in any other state that is substantially similar to	11298
division (A) or (B) of section 4511.19 of the Revised Code, the	11299
judge shall suspend the offender's driver's or commercial driver's	11300
license or permit or nonresident operating privilege for not less	11301
than one year nor more than five years.	11302

(3) Subject to division (B)(4) of this section, if, within	11303
six years of the offense, the offender has been convicted of or	11304
pleaded guilty to two violations described in division (B)(2) of	11305
this section, or a statute of the United States or of any other	11306
state or a municipal ordinance of a municipal corporation located	11307
in any other state that is substantially similar to division (A)	11308
or (B) of section 4511.19 of the Revised Code, the judge shall	11309
suspend the offender's driver's or commercial driver's license or	11310
permit or nonresident operating privilege for not less than one	11311
year nor more than ten years.	11312

(4) If, within six years of the offense, the offender has	11313
been convicted of or pleaded guilty to three or more violations	11314
described in division (B)(2) of this section, a statute of the	11315
United States or of any other state or a municipal ordinance of a	11316
municipal corporation located in any other state that is	11317
substantially similar to division (A) or (B) of section 4511.19 of	11318
the Revised Code, or if the offender previously has been convicted	11319
of or pleaded guilty to a violation of division (A) of section	11320
4511.19 of the Revised Code under circumstances in which the	11321
violation was a felony and regardless of when the violation and	11322
the conviction or guilty plea occurred, the judge shall suspend	11323
the offender's driver's or commercial driver's license or permit	11324
or nonresident operating privilege for a period of time set by the	11325
court but not less than three years, and the judge may permanently	11326
revoke the offender's driver's or commercial driver's license or	11327
permit or nonresident operating privilege.	11328

(5) The filing of an appeal by a person whose driver's or	11329
commercial driver's license is suspended or revoked under division	11330
(B)(1), (2), (3), or (4) of this section regarding any aspect of	11331
the person's trial or sentence does not stay the operation of the	11332
suspension or revocation.	11333

(C) The trial judge of any court of record or the mayor of a	11334
mayor's court, in addition to or independent of all other	11335
penalties provided by law or by ordinance, may suspend the	11336
driver's or commercial driver's license or permit or nonresident	11337
operating privilege of any person who violates a requirement or	11338
prohibition of the court imposed under division (F) of this	11339
section or division (G)(C)(1) of section 2951.02 of the Revised	11340
Code as follows:	11341

(1) For not more than one year, upon conviction for a first	11342
violation of the requirement or prohibition;	11343

(2) For not more than five years, upon conviction for a	11344
second or subsequent violation of the requirement or prohibition	11345
during the same period of required use of an ignition interlock	11346
device that is certified pursuant to section 4511.83 of the	11347
Revised Code.	11348

(D)(1) The trial judge of any court of record, in addition	11349
to or independent of all other penalties provided by law or by	11350
ordinance, shall permanently revoke the driver's or commercial	11351
driver's license or permit or nonresident operating privilege of	11352
any person who is convicted of or pleads guilty to a violation of	11353
section 2903.04 or 2903.06 of the Revised Code in a case in which	11354
division (D) of section 2903.04 or division (B) of section 2903.06	11355
of the Revised Code requires the judge to permanently revoke the	11356
license, permit, or privilege.	11357

(2) In addition to any prison term authorized or required by	11358
the section that establishes the offense and sections 2929.13 and	11359
2929.14 of the Revised Code, and in addition to any other sanction	11360
imposed for the offense under the section that establishes the	11361
offense or sections 2929.11 to 2929.182 of the Revised Code, the	11362
court that sentences an offender who is convicted of or pleads	11363
guilty to a violation of section 2925.02, 2925.03, 2925.04,	11364
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,	11365
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the	11366
Revised Code either shall revoke or, if it does not revoke, shall	11367
suspend for not less than six months or more than five years, as	11368
specified in the section that establishes the offense, the	11369
person's driver's or commercial driver's license or permit. If	11370
the person's driver's or commercial driver's license or permit is	11371
under suspension on the date the court imposes sentence upon the	11372
person, any revocation imposed upon the person that is referred to	11373
in division (D)(2) of this section shall take effect immediately.	11374
If the person's driver's or commercial driver's license or permit	11375
is under suspension on the date the court imposes sentence upon	11376
the person, any period of suspension imposed upon the person that	11377
is referred to in division (D)(2) of this section shall take	11378
effect on the next day immediately following the end of that	11379
period of suspension. If the person is sixteen years of age or	11380
older and is a resident of this state but does not have a current,	11381
valid Ohio driver's or commercial driver's license or permit, the	11382
court shall order the registrar to deny to the person the issuance	11383
of a driver's or commercial driver's license or permit for six	11384
months beginning on the date the court imposes a sentence upon the	11385
person. If the person has not attained the age of sixteen years	11386
on the date the court sentences the person for the violation, the	11387
period of denial shall commence on the date the person attains the	11388
age of sixteen years.	11389

(E) Except as otherwise provided in this section, the trial	11390
judge of any court of record and the mayor of a mayor's court, in	11391
addition to or independent of all other penalties provided by law	11392
or ordinance, shall suspend for not less than sixty days nor more	11393
than two years the driver's or commercial driver's license or	11394
permit or nonresident operating privilege of any person who is	11395
convicted of or pleads guilty to a violation of division (B) of	11396
section 4511.19 of the Revised Code or of a municipal ordinance	11397
substantially equivalent to that division relating to operating a	11398
vehicle with a prohibited concentration of alcohol in the blood,	11399
breath, or urine.	11400

(F)(1) A person is not entitled to request, and a judge or	11401
mayor shall not grant to the person, occupational driving	11402
privileges under division (F) of this section if a person's	11403
driver's or commercial driver's license or permit or nonresident	11404
operating privilege has been suspended pursuant to division (B) or	11405
(C) of this section or pursuant to division (F) of section	11406
4511.191 of the Revised Code, and the person, within the preceding	11407
seven years, has been convicted of or pleaded guilty to three or	11408
more violations of one or more of the following:	11409

(a) Division (A) or (B) of section 4511.19 of the Revised	11410
Code;	11411

(b) A municipal ordinance relating to operating a vehicle	11412
while under the influence of alcohol, a drug of abuse, or alcohol	11413
and a drug of abuse;	11414

(c) A municipal ordinance relating to operating a vehicle	11415
with a prohibited concentration of alcohol in the blood, breath,	11416
or urine;	11417

(d) Section 2903.04 of the Revised Code in a case in which	11418
the person was subject to the sanctions described in division (D)	11419
of that section;	11420

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	11421
section 2903.08 of the Revised Code or a municipal ordinance that	11422
is substantially similar to either of those divisions;	11423

(f) Division (A)(2), (3), or (4) of section 2903.06,	11424
division (A)(2) of section 2903.08, or former section 2903.07 of	11425
the Revised Code, or a municipal ordinance that is substantially	11426
similar to any of those divisions or that former section, in a	11427
case in which the jury or judge found that the person was under	11428
the influence of alcohol, a drug of abuse, or alcohol and a drug	11429
of abuse;	11430

(g) A statute of the United States or of any other state or	11431
a municipal ordinance of a municipal corporation located in any	11432
other state that is substantially similar to division (A) or (B)	11433
of section 4511.19 of the Revised Code.	11434

(2) Any other person who is not described in division (F)(1)	11435
of this section and whose driver's or commercial driver's license	11436
or nonresident operating privilege has been suspended under any of	11437
those divisions may file a petition that alleges that the	11438
suspension would seriously affect the person's ability to continue	11439
the person's employment. The petition of a person whose license,	11440
permit, or privilege was suspended pursuant to division (F) of	11441
section 4511.191 of the Revised Code shall be filed in the court	11442
specified in division (I)(4) of that section, and the petition of	11443
a person whose license, permit, or privilege was suspended under	11444
division (B) or (C) of this section shall be filed in the	11445
municipal, county, mayor's, or in the case of a minor, juvenile	11446
court that has jurisdiction over the place of arrest. Upon	11447
satisfactory proof that there is reasonable cause to believe that	11448
the suspension would seriously affect the person's ability to	11449
continue the person's employment, the judge of the court or mayor	11450
of the mayor's court may grant the person occupational driving	11451
privileges during the period during which the suspension otherwise	11452
would be imposed, except that the judge or mayor shall not grant	11453
occupational driving privileges for employment as a driver of	11454
commercial motor vehicles to any person who is disqualified from	11455
operating a commercial motor vehicle under section 3123.611 or	11456
4506.16 of the Revised Code or whose commercial driver's license	11457
or commercial driver's temporary intruction permit has been	11458
suspended under section 3123.58 of the Revised Code, and shall not	11459
grant occupational driving privileges during any of the following	11460
periods of time:	11461

(a) The first fifteen days of suspension imposed upon an	11462
offender whose license, permit, or privilege is suspended pursuant	11463
to division (B)(1) of this section or division (F)(1) of section	11464
4511.191 of the Revised Code. On or after the sixteenth day of	11465
suspension, the court may grant the offender occupational driving	11466
privileges, but the court may provide that the offender shall not	11467
exercise the occupational driving privileges unless the vehicles	11468
the offender operates are equipped with ignition interlock	11469
devices.	11470

(b) The first thirty days of suspension imposed upon an	11471
offender whose license, permit, or privilege is suspended pursuant	11472
to division (B)(2) of this section or division (F)(2) of section	11473
4511.191 of the Revised Code. On or after the thirty-first day of	11474
suspension, the court may grant the offender occupational driving	11475
privileges, but the court may provide that the offender shall not	11476
exercise the occupational driving privileges unless the vehicles	11477
the offender operates are equipped with ignition interlock	11478
devices.	11479

(c) The first one hundred eighty days of suspension imposed	11480
upon an offender whose license, permit, or privilege is suspended	11481
pursuant to division (B)(3) of this section or division (F)(3) of	11482
section 4511.191 of the Revised Code. The judge may grant	11483
occupational driving privileges to an offender who receives a	11484
suspension under either of those divisions on or after the one	11485
hundred eighty-first day of the suspension only if division (F) of	11486
this section does not prohibit the judge from granting the	11487
privileges and only if the judge, at the time of granting the	11488
privileges, also issues an order prohibiting the offender, while	11489
exercising the occupational driving privileges during the period	11490
commencing with the one hundred eighty-first day of suspension and	11491
ending with the first year of suspension, from operating any motor	11492
vehicle unless it is equipped with a certified ignition interlock	11493
device. After the first year of the suspension, the court may	11494
authorize the offender to continue exercising the occupational	11495
driving privileges in vehicles that are not equipped with ignition	11496
interlock devices. If the offender does not petition for	11497
occupational driving privileges until after the first year of	11498
suspension and if division (F) of this section does not prohibit	11499
the judge from granting the privileges, the judge may grant the	11500
offender occupational driving privileges without requiring the use	11501
of a certified ignition interlock device.	11502

(d) The first three years of suspension imposed upon an	11503
offender whose license, permit, or privilege is suspended pursuant	11504
to division (B)(4) of this section or division (F)(4) of section	11505
4511.191 of the Revised Code. The judge may grant occupational	11506
driving privileges to an offender who receives a suspension under	11507
either of those divisions after the first three years of	11508
suspension only if division (F) of this section does not prohibit	11509
the judge from granting the privileges and only if the judge, at	11510
the time of granting the privileges, also issues an order	11511
prohibiting the offender from operating any motor vehicle, for the	11512
period of suspension following the first three years of	11513
suspension, unless the motor vehicle is equipped with a certified	11514
ignition interlock device.	11515

(G) If a person's driver's or commercial driver's license or	11516
permit or nonresident operating privilege has been suspended under	11517
division (E) of this section, and the person, within the preceding	11518
seven years, has been convicted of or pleaded guilty to three or	11519
more violations identified in division (F)(1) of this section, the	11520
person is not entitled to request, and the judge or mayor shall	11521
not grant to the person, occupational driving privileges under	11522
this division. Any other person whose driver's or commercial	11523
driver's license or nonresident operating privilege has been	11524
suspended under division (E) of this section may file a petition	11525
that alleges that the suspension would seriously affect the	11526
person's ability to continue the person's employment. The	11527
petition shall be filed in the municipal, county, or mayor's court	11528
that has jurisdiction over the place of arrest. Upon satisfactory	11529
proof that there is reasonable cause to believe that the	11530
suspension would seriously affect the person's ability to continue	11531
the person's employment, the judge of the court or mayor of the	11532
mayor's court may grant the person occupational driving privileges	11533
during the period during which the suspension otherwise would be	11534
imposed, except that the judge or mayor shall not grant	11535
occupational driving privileges for employment as a driver of	11536
commercial motor vehicles to any person who is disqualified from	11537
operating a commercial motor vehicle under section 4506.16 of the	11538
Revised Code, and shall not grant occupational driving privileges	11539
during the first sixty days of suspension imposed upon an offender	11540
whose driver's or commercial driver's license or permit or	11541
nonresident operating privilege is suspended pursuant to division	11542
(E) of this section.	11543

(H)(1) After a driver's or commercial driver's license or	11544
permit has been suspended or revoked pursuant to this section, the	11545
judge of the court or mayor of the mayor's court that suspended or	11546
revoked the license or permit shall cause the offender to deliver	11547
the license or permit to the court. The judge, mayor, or clerk of	11548
the court or mayor's court, if the license or permit has been	11549
suspended or revoked in connection with any of the offenses listed	11550
in this section, forthwith shall forward it to the registrar with	11551
notice of the action of the court.	11552

(2) Suspension of a commercial driver's license under this	11553
section shall be concurrent with any period of disqualification	11554
under section 3123.611 or 4506.16 of the Revised Code or any	11555
period of suspension under section 3123.58 of the Revised Code. No	11556
person who is disqualified for life from holding a commercial	11557
driver's license under section 4506.16 of the Revised Code shall	11558
be issued a driver's license under this chapter during the period	11559
for which the commercial driver's license was suspended under this	11560
section, and no person whose commercial driver's license is	11561
suspended under this section shall be issued a driver's license	11562
under this chapter during the period of the suspension.	11563

(I) No judge shall suspend the first thirty days of	11564
suspension of a driver's or commercial driver's license or permit	11565
or a nonresident operating privilege required under division (A)	11566
of this section, no judge or mayor shall suspend the first six	11567
months of suspension required under division (B)(1) of this	11568
section, no judge shall suspend the first year of suspension	11569
required under division (B)(2) of this section, no judge shall	11570
suspend the first year of suspension required under division	11571
(B)(3) of this section, no judge shall suspend the first three	11572
years of suspension required under division (B)(4) of this	11573
section, no judge or mayor shall suspend the revocation required	11574
by division (D) of this section, and no judge or mayor shall	11575
suspend the first sixty days of suspension required under division	11576
(E) of this section, except that the court shall credit any period	11577
of suspension imposed pursuant to section 4511.191 or 4511.196 of	11578
the Revised Code against any time of suspension imposed pursuant	11579
to division (B) or (E) of this section as described in division	11580
(J) of this section.	11581

(J) The judge of the court or mayor of the mayor's court	11582
shall credit any time during which an offender was subject to an	11583
administrative suspension of the offender's driver's or commercial	11584
driver's license or permit or nonresident operating privilege	11585
imposed pursuant to division (E) or (F) of section 4511.191 or a	11586
suspension imposed by a judge, referee, or mayor pursuant to	11587
division (B)(1) or (2) of section 4511.196 of the Revised Code	11588
against the time to be served under a related suspension imposed	11589
pursuant to this section.	11590

(K) The judge or mayor shall notify the bureau of any	11591
determinations made, and of any suspensions or revocations	11592
imposed, pursuant to division (B) of this section.	11593

(L)(1) If a court issues an ignition interlock order under	11594
division (F) of this section, the order shall authorize the	11595
offender during the specified period to operate a motor vehicle	11596
only if it is equipped with a certified ignition interlock device.	11597
The court shall provide the offender with a copy of an ignition	11598
interlock order issued under division (F) of this section, and the	11599
copy of the order shall be used by the offender in lieu of an Ohio	11600
driver's or commercial driver's license or permit until the	11601
registrar or a deputy registrar issues the offender a restricted	11602
license.	11603

An order issued under division (F) of this section does not	11604
authorize or permit the offender to whom it has been issued to	11605
operate a vehicle during any time that the offender's driver's or	11606
commercial driver's license or permit is suspended or revoked	11607
under any other provision of law.	11608

(2) The offender may present the ignition interlock order to	11609
the registrar or to a deputy registrar. Upon presentation of the	11610
order to the registrar or a deputy registrar, the registrar or	11611
deputy registrar shall issue the offender a restricted license. A	11612
restricted license issued under this division shall be identical	11613
to an Ohio driver's license, except that it shall have printed on	11614
its face a statement that the offender is prohibited during the	11615
period specified in the court order from operating any motor	11616
vehicle that is not equipped with a certified ignition interlock	11617
device, and except that the date of commencement and the date of	11618
termination of the period shall be indicated conspicuously upon	11619
the face of the license.	11620

(3) As used in this section:

11621

(a) "Ignition interlock device" has the same meaning as in	11622
section 4511.83 of the Revised Code.	11623

(b) "Certified ignition interlock device" means an ignition	11624
interlock device that is certified pursuant to section 4511.83 of	11625
the Revised Code.	11626

Sec. 4507.99.  (A) Whoever violates division (B)(2) or	11627
(D)(1) of section 4507.02 of the Revised Code is guilty of driving	11628
under suspension or revocation or in violation of license	11629
restrictions, a misdemeanor of the first degree. Whoever violates	11630
division (C) of section 4507.02 of the Revised Code is guilty of	11631
driving without paying a license reinstatement fee, a misdemeanor	11632
of the first degree. Except as otherwise provided in division (D)	11633
of section 4507.162 of the Revised Code, the court, in addition to	11634
or independent of all other penalties provided by law, may suspend	11635
for a period not to exceed one year the driver's or commercial	11636
driver's license or permit or nonresident operating privilege of	11637
any person who pleads guilty to or is convicted of a violation of	11638
division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised	11639
Code.	11640

(B) Whoever violates division (D)(2) of section 4507.02 of	11641
the Revised Code is guilty of driving under OMVI suspension or	11642
revocation and shall be punished as provided in division (B)(1),	11643
(2), or (3) and divisions (B)(4) to (8) of this section.	11644

(1) Except as otherwise provided in division (B)(2) or (3)	11645
of this section, driving under OMVI suspension or revocation is a	11646
misdemeanor of the first degree, and the court shall sentence the	11647
offender to a jail term of imprisonment of not less than three	11648
consecutive days and may sentence the offender pursuant to section	11649
2929.212929.24 of the Revised Code to a longer jail term of	11650
imprisonment. As an alternative to the jail term of imprisonment	11651
required to be imposed by this division, but subject to division	11652
(B)(6) of this section, the court may sentence the offender to a	11653
term of not less than thirty consecutive days of electronically	11654
monitored house arrest as defined in division (A)(4) of section	11655
2929.23 of the Revised Codewith electronic monitoring. The	11656
period of electronically monitored house arrest with electronic	11657
monitoring shall not exceed six months. In addition, the court	11658
shall impose upon the offender a fine of not less than two hundred	11659
fifty and not more than one thousand dollars.	11660

Regardless of whether the vehicle the offender was operating	11661
at the time of the offense is registered in the offender's name or	11662
in the name of another person, the court, in addition to or	11663
independent of any other sentence that it imposes upon the	11664
offender and subject to section 4503.235 of the Revised Code,	11665
shall order the immobilization for thirty days of the vehicle the	11666
offender was operating at the time of the offense and the	11667
impoundment for thirty days of the identification license plates	11668
of that vehicle. The order for immobilization and impoundment	11669
shall be issued and enforced in accordance with section 4503.233	11670
of the Revised Code.	11671

(2) If, within five years of the offense, the offender has	11672
been convicted of or pleaded guilty to one violation of division	11673
(D)(2) of section 4507.02 of the Revised Code or a municipal	11674
ordinance that is substantially equivalent to that division,	11675
driving under OMVI suspension or revocation is a misdemeanor, and	11676
the court shall sentence the offender to a jail term of	11677
imprisonment of not less than ten consecutive days and may	11678
sentence the offender to a longer definite jail term of	11679
imprisonment of not more than one year. As an alternative to the	11680
jail term of imprisonment required to be imposed by this division,	11681
but subject to division (B)(6) of this section, the court may	11682
sentence the offender to a term of not less than ninety	11683
consecutive days of electronically monitored house arrest as	11684
defined in division (A)(4) of section 2929.23 of the Revised Code	11685
with electronic monitoring. The period of electronically	11686
monitored house arrest with electronic monitoring shall not exceed	11687
one year. In addition, the court shall impose upon the offender a	11688
fine of not less than five hundred and not more than two thousand	11689
five hundred dollars.	11690

Regardless of whether the vehicle the offender was operating	11691
at the time of the offense is registered in the offender's name or	11692
in the name of another person, the court, in addition to or	11693
independent of any other sentence that it imposes upon the	11694
offender and subject to section 4503.235 of the Revised Code,	11695
shall order the immobilization for sixty days of the vehicle the	11696
offender was operating at the time of the offense and the	11697
impoundment for sixty days of the identification license plates of	11698
that vehicle. The order for immobilization and impoundment shall	11699
be issued and enforced in accordance with section 4503.233 of the	11700
Revised Code.	11701

(3) If, within five years of the offense, the offender has	11702
been convicted of or pleaded guilty to two or more violations of	11703
division (D)(2) of section 4507.02 of the Revised Code or a	11704
municipal ordinance that is substantially equivalent to that	11705
division, driving under OMVI suspension or revocation is guilty of	11706
a misdemeanor. The court shall sentence the offender to a jail	11707
term of imprisonment of not less than thirty consecutive days and	11708
may sentence the offender to a longer definite jail term of	11709
imprisonment of not more than one year. The court shall not	11710
sentence the offender to a term of electronically monitored house	11711
arrest as defined in division (A)(4) of section 2929.23 of the	11712
Revised Codewith electronic monitoring. In addition, the court	11713
shall impose upon the offender a fine of not less than five	11714
hundred and not more than two thousand five hundred dollars.	11715

Regardless of whether the vehicle the offender was operating	11716
at the time of the offense is registered in the offender's name or	11717
in the name of another person, the court, in addition to or	11718
independent of any other sentence that it imposes upon the	11719
offender and subject to section 4503.235 of the Revised Code,	11720
shall order the criminal forfeiture to the state of the vehicle	11721
the offender was operating at the time of the offense. The order	11722
of criminal forfeiture shall be issued and enforced in accordance	11723
with section 4503.234 of the Revised Code.	11724

If title to a motor vehicle that is subject to an order for	11725
criminal forfeiture under this section is assigned or transferred	11726
and division (C)(2) or (3) of section 4503.234 of the Revised Code	11727
applies, in addition to or independent of any other penalty	11728
established by law, the court may fine the offender the value of	11729
the vehicle as determined by publications of the national auto	11730
dealer's association. The proceeds from any fine imposed under	11731
this division shall be distributed in accordance with division	11732
(D)(4) of section 4503.234 of the Revised Code.	11733

(4) In addition to or independent of all other penalties	11734
provided by law or ordinance, the trial judge of any court of	11735
record or the mayor of a mayor's court shall suspend for a period	11736
not to exceed one year the driver's or commercial driver's license	11737
or permit or nonresident operating privilege of an offender who is	11738
sentenced under division (B)(1), (2), or (3) of this section.	11739

(5) Fifty per cent of any fine imposed by a court under	11740
division (B)(1), (2), or (3) of this section shall be deposited	11741
into the county indigent drivers alcohol treatment fund or	11742
municipal indigent drivers alcohol treatment fund under the	11743
control of that court, as created by the county or municipal	11744
corporation pursuant to division (N) of section 4511.191 of the	11745
Revised Code.	11746

(6) No court shall impose the alternative sentence of not	11747
less than thirty consecutive days of electronically monitored	11748
house arrest with electronic monitoring permitted to be imposed by	11749
division (B)(1) of this section or the alternative sentence of a	11750
term of not less than ninety consecutive days of electronically	11751
monitored house arrest with electronic monitoring permitted to be	11752
imposed by division (B)(2) of this section, unless within sixty	11753
days of the date of sentencing, the court issues a written	11754
finding, entered into the record, that, due to the unavailability	11755
of space at the incarceration facility where the offender is	11756
required to serve the jail term of imprisonment imposed upon the	11757
offender, the offender will not be able to begin serving that jail	11758
term of imprisonment within the sixty-day period following the	11759
date of sentencing. If the court issues such a finding, the court	11760
may impose the alternative sentence comprised of or including	11761
electronically monitored house arrest with electronic monitoring	11762
permitted to be imposed by division (B)(1) or (2) of this section.	11763

(7) An offender sentenced under this section to a period of	11764
electronically monitored house arrest with electronic monitoring	11765
shall be permitted work release during such period. The duration	11766
of the work release shall not exceed the time necessary each day	11767
for the offender to commute to and from the place of employment	11768
and the offender's home or other place specified by the sentencing	11769
court and the time actually spent under employment.	11770

(8) Suspension of a commercial driver's license under this	11771
section shall be concurrent with any period of disqualification	11772
under section 3123.611 or 4506.16 of the Revised Code or any	11773
period of suspension under section 3123.58 of the Revised Code. No	11774
person who is disqualified for life from holding a commercial	11775
driver's license under section 4506.16 of the Revised Code shall	11776
be issued a driver's license under this chapter during the period	11777
for which the commercial driver's license was suspended under this	11778
section, and no person whose commercial driver's license is	11779
suspended under this section shall be issued a driver's license	11780
under this chapter during the period of the suspension.	11781

(9) As used in division (B) of this section "electronic	11782
monitoring" has the same meaning as in section 2929.01 of the	11783
Revised Code.	11784

(C) Whoever violates division (B)(1) of section 4507.02 of	11785
the Revised Code is guilty of driving under financial	11786
responsibility law suspension or revocation and shall be punished	11787
as provided in division (C)(1), (2), or (3) and division (C)(4) of	11788
this section.	11789

(1) Except as otherwise provided in division (C)(2) or (3)	11790
of this section, driving under financial responsibility law	11791
suspension or revocation is a misdemeanor of the first degree.	11792

Regardless of whether the vehicle the offender was operating	11793
at the time of the offense is registered in the offender's name or	11794
in the name of another person, the court, in addition to or	11795
independent of any other sentence that it imposes upon the	11796
offender and subject to section 4503.235 of the Revised Code,	11797
shall order the immobilization for thirty days of the vehicle the	11798
offender was operating at the time of the offense and the	11799
impoundment for thirty days of the identification license plates	11800
of that vehicle. The order for immobilization and impoundment	11801
shall be issued and enforced in accordance with section 4503.233	11802
of the Revised Code.	11803

(2) If, within five years of the offense, the offender has	11804
been convicted of or pleaded guilty to one violation of division	11805
(B)(1) of section 4507.02 of the Revised Code or a municipal	11806
ordinance that is substantially equivalent to that division,	11807
driving under financial responsibility law suspension or	11808
revocation is a misdemeanor of the first degree.	11809

Regardless of whether the vehicle the offender was operating	11810
at the time of the offense is registered in the offender's name or	11811
in the name of another person, the court, in addition to or	11812
independent of any other sentence that it imposes upon the	11813
offender and subject to section 4503.235 of the Revised Code,	11814
shall order the immobilization for sixty days of the vehicle the	11815
offender was operating at the time of the offense and the	11816
impoundment for sixty days of the identification license plates of	11817
that vehicle. The order for immobilization and impoundment shall	11818
be issued and enforced in accordance with section 4503.233 of the	11819
Revised Code.	11820

(3) If, within five years of the offense, the offender has	11821
been convicted of or pleaded guilty to two or more violations of	11822
division (B)(1) of section 4507.02 of the Revised Code or a	11823
municipal ordinance that is substantially equivalent to that	11824
division, driving under financial responsibility law suspension or	11825
revocation is a misdemeanor of the first degree.	11826

Regardless of whether the vehicle the offender was operating	11827
at the time of the offense is registered in the offender's name or	11828
in the name of another person, the court, in addition to or	11829
independent of any other sentence that it imposes upon the	11830
offender and subject to section 4503.235 of the Revised Code,	11831
shall order the criminal forfeiture to the state of the vehicle	11832
the offender was operating at the time of the offense. The order	11833
of criminal forfeiture shall be issued and enforced in accordance	11834
with section 4503.234 of the Revised Code.	11835

If title to a motor vehicle that is subject to an order for	11836
criminal forfeiture under this section is assigned or transferred	11837
and division (C)(2) or (3) of section 4503.234 of the Revised Code	11838
applies, in addition to or independent of any other penalty	11839
established by law, the court may fine the offender the value of	11840
the vehicle as determined by publications of the national auto	11841
dealer's association. The proceeds from any fine imposed under	11842
this division shall be distributed in accordance with division	11843
(D)(4) of section 4503.234 of the Revised Code.	11844

(4) Except as otherwise provided in division (D) of section	11845
4507.162 of the Revised Code, the court, in addition to or	11846
independent of all other penalties provided by law, may suspend	11847
for a period not to exceed one year the driver's or commercial	11848
driver's license or permit or nonresident operating privilege of	11849
an offender who is sentenced under division (C)(1), (2), or (3) of	11850
this section.	11851

(5) The court shall not release a vehicle from the	11852
immobilization ordered under division (C)(1) or (2) of this	11853
section unless the court is presented with current proof of	11854
financial responsibility with respect to that vehicle.	11855

(D) Whoever violates division (A)(1) or (3) of section	11856
4507.02 of the Revised Code by operating a motor vehicle when the	11857
offender's driver's or commercial driver's license has been	11858
expired for no more than six months is guilty of a minor	11859
misdemeanor. Whoever violates division (B) of section 4507.13 or	11860
division (C) of section 4507.52 of the Revised Code is guilty of a	11861
minor misdemeanor.	11862

(E) Whoever violates section 4507.33 of the Revised Code is	11863
guilty of permitting the operation of a vehicle by a person with	11864
no legal right to operate a vehicle and shall be punished as	11865
provided in division (E)(1) or (2) of this section.	11866

(1) Except as otherwise provided in division (E)(2) of this	11867
section, permitting the operation of a vehicle by a person with no	11868
legal right to operate a vehicle is a misdemeanor of the first	11869
degree. In addition to or independent of any other sentence that	11870
it imposes upon the offender and subject to section 4503.235 of	11871
the Revised Code, the court shall order the immobilization for	11872
thirty days of the vehicle involved in the offense and the	11873
impoundment for thirty days of the identification license plates	11874
of that vehicle. The order for immobilization and impoundment	11875
shall be issued and enforced in accordance with section 4503.233	11876
of the Revised Code.	11877

(2) If the offender previously has been convicted of or	11878
pleaded guilty to one or more violations of section 4507.33 of the	11879
Revised Code, permitting the operation of a vehicle by a person	11880
with no legal right to operate a vehicle is a misdemeanor of the	11881
first degree. In addition to or independent of any other sentence	11882
that it imposes upon the offender and subject to section 4503.235	11883
of the Revised Code, the court shall order the criminal forfeiture	11884
to the state of the vehicle involved in the offense. The order of	11885
criminal forfeiture shall be issued and enforced in accordance	11886
with section 4503.234 of the Revised Code.	11887

If title to a motor vehicle that is subject to an order for	11888
criminal forfeiture under this section is assigned or transferred	11889
and division (C)(2) or (3) of section 4503.234 of the Revised Code	11890
applies, in addition to or independent of any other penalty	11891
established by law, the court may fine the offender the value of	11892
the vehicle as determined by publications of the national auto	11893
dealer's association. The proceeds from any fine imposed under	11894
this division shall be distributed in accordance with division	11895
(D)(4) of section 4503.234 of the Revised Code.	11896

(F) Whoever violates division (F)(1) or (2) of section	11897
4507.05, or division (B) or (D) of section 4507.071 of the Revised	11898
Code is guilty of a minor misdemeanor.	11899

(G) Whoever violates division (G) of section 4507.21 of the	11900
Revised Code shall be fined one hundred dollars.	11901

(H) Except as provided in divisions (A) to (E) of this	11902
section and unless another penalty is provided by the laws of this	11903
state, whoever violates any provision of sections 4507.01 to	11904
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a	11905
misdemeanor of the first degree.	11906

(I) Whenever a person is found guilty of a violation of	11907
section 4507.32 of the Revised Code, the trial judge of any court	11908
of record, in addition to or independent of all other penalties	11909
provided by law or ordinance, may suspend for any period of time	11910
not exceeding three years or revoke the license of any person,	11911
partnership, association, or corporation, issued under section	11912
4511.763 of the Revised Code.	11913

(J) Whenever a person is found guilty of a violation of a	11914
traffic offense specified in Traffic Rule 13(B) that requires the	11915
person's appearance in court, the court shall require the person	11916
to verify the existence at the time of the offense of proof of	11917
financial responsibility covering the person's operation of the	11918
motor vehicle, or the motor vehicle if registered in the person's	11919
name, and notify the registrar pursuant to division (D) of section	11920
4509.101 of the Revised Code if the person fails to verify the	11921
existence of such proof of financial responsibility.	11922

Sec. 4511.83.  (A) As used in this section:

11923

(1) "Ignition interlock device" means a device that connects	11924
a breath analyzer to a motor vehicle's ignition system, that is	11925
constantly available to monitor the concentration by weight of	11926
alcohol in the breath of any person attempting to start that motor	11927
vehicle by using its ignition system, and that deters starting the	11928
motor vehicle by use of its ignition system unless the person	11929
attempting to so start the vehicle provides an appropriate breath	11930
sample for the device and the device determines that the	11931
concentration by weight of alcohol in the person's breath is below	11932
a preset level.	11933

(2) "Offender with restricted driving privileges" means an	11934
offender who is subject to an order that was issued under division	11935
(F) of section 4507.16 of the Revised Code as a condition of the	11936
granting of occupational driving privileges or an offender whose	11937
driving privilege is restricted as a condition of probationa	11938
community control sanction pursuant to division (G)(C) of section	11939
2951.02 of the Revised Code.	11940

(3) "Community control sanction" has the same meaning as in	11941
section 2929.01 of the Revised Code.	11942

(B)(1) Except in cases of a substantial emergency when no	11943
other person is reasonably available to drive in response to the	11944
emergency, no person shall knowingly rent, lease, or lend a motor	11945
vehicle to any offender with restricted driving privileges, unless	11946
the vehicle is equipped with a functioning ignition interlock	11947
device that is certified pursuant to division (D) of this section.	11948

(2) Any offender with restricted driving privileges who	11949
rents, leases, or borrows a motor vehicle from another person	11950
shall notify the person who rents, leases, or lends the motor	11951
vehicle to the offender that the offender has restricted driving	11952
privileges and of the nature of the restriction.	11953

(3) Any offender with restricted driving privileges who is	11954
required to operate a motor vehicle owned by the offender's	11955
employer in the course and scope of the offender's employment may	11956
operate that vehicle without the installation of an ignition	11957
interlock device, provided that the employer has been notified	11958
that the offender has restricted driving privileges and of the	11959
nature of the restriction and provided further that the offender	11960
has proof of the employer's notification in the offender's	11961
possession while operating the employer's vehicle for normal	11962
business duties. A motor vehicle owned by a business that is	11963
partly or entirely owned or controlled by an offender with	11964
restricted driving privileges is not a motor vehicle owned by an	11965
employer, for purposes of this division.	11966

(C) If a court, pursuant to division (F) of section 4507.16	11967
of the Revised Code, imposes the use of an ignition interlock	11968
device as a condition of the granting of occupational driving	11969
privileges, the court shall require the offender to provide proof	11970
of compliance to the court at least once quarterly or more	11971
frequently as ordered by the court in its discretion. If a court	11972
imposes the use of an ignition interlock device as a condition of	11973
probationa community control sanction under division (G)(C) of	11974
section 2951.02 of the Revised Code, the court shall require the	11975
offender to provide proof of compliance to the court or probation	11976
officer prior to issuing any driving privilege or continuing the	11977
probationcommunity control status. In either case in which a	11978
court imposes the use of such a device, the offender, at least	11979
once quarterly or more frequently as ordered by the court in its	11980
discretion, shall have the device inspected as ordered by the	11981
court for accurate operation and shall provide the results of the	11982
inspection to the court or, if applicable, to the offender's	11983
probation officer.	11984

(D)(1) The director of public safety, upon consultation with	11985
the director of health and in accordance with Chapter 119. of the	11986
Revised Code, shall certify ignition interlock devices and shall	11987
publish and make available to the courts, without charge, a list	11988
of approved devices together with information about the	11989
manufacturers of the devices and where they may be obtained. The	11990
cost of obtaining the certification of an ignition interlock	11991
device shall be paid by the manufacturer of the device to the	11992
director of public safety and shall be deposited in the statewide	11993
treatment and prevention fund established by section 4301.30 of	11994
the Revised Code.	11995

(2) The director of public safety, in accordance with	11996
Chapter 119. of the Revised Code, shall adopt and publish rules	11997
setting forth the requirements for obtaining the certification of	11998
an ignition interlock device. No ignition interlock device shall	11999
be certified by the director of public safety pursuant to division	12000
(D)(1) of this section unless it meets the requirements specified	12001
and published by the director in the rules adopted pursuant to	12002
this division. The requirements shall include provisions for	12003
setting a minimum and maximum calibration range and shall include,	12004
but shall not be limited to, specifications that the device	12005
complies with all of the following:	12006

(a) It does not impede the safe operation of the vehicle.

12007

(b) It has features that make circumvention difficult and	12008
that do not interfere with the normal use of the vehicle.	12009

(c) It correlates well with established measures of alcohol	12010
impairment.	12011

(d) It works accurately and reliably in an unsupervised	12012
environment.	12013

(e) It is resistant to tampering and shows evidence of	12014
tampering if tampering is attempted.	12015

(f) It is difficult to circumvent and requires premeditation	12016
to do so.	12017

(g) It minimizes inconvenience to a sober user.

12018

(h) It requires a proper, deep-lung breath sample or other	12019
accurate measure of the concentration by weight of alcohol in the	12020
breath.	12021

(i) It operates reliably over the range of automobile	12022
environments.	12023

(j) It is made by a manufacturer who is covered by product	12024
liability insurance.	12025

(3) The director of public safety may adopt, in whole or in	12026
part, the guidelines, rules, regulations, studies, or independent	12027
laboratory tests performed and relied upon by other states, or	12028
their agencies or commissions, in the certification or approval of	12029
ignition interlock devices.	12030

(4) The director of public safety shall adopt rules in	12031
accordance with Chapter 119. of the Revised Code for the design of	12032
a warning label that shall be affixed to each ignition interlock	12033
device upon installation. The label shall contain a warning that	12034
any person tampering, circumventing, or otherwise misusing the	12035
device is subject to a fine, imprisonment, or both and may be	12036
subject to civil liability.	12037

(E)(1) No offender with restricted driving privileges,	12038
during any period that the offender is required to operate only a	12039
motor vehicle equipped with an ignition interlock device, shall	12040
request or permit any other person to breathe into the device or	12041
start a motor vehicle equipped with the device, for the purpose of	12042
providing the offender with an operable motor vehicle.	12043

(2)(a) Except as provided in division (E)(2)(b) of this	12044
section, no person shall breathe into an ignition interlock device	12045
or start a motor vehicle equipped with an ignition interlock	12046
device for the purpose of providing an operable motor vehicle to	12047
an offender with restricted driving privileges.	12048

(b) Division (E)(2)(a) of this section does not apply to an	12049
offender with restricted driving privileges who breathes into an	12050
ignition interlock device or starts a motor vehicle equipped with	12051
an ignition interlock device for the purpose of providing the	12052
offender with an operable motor vehicle.	12053

(3) No unauthorized person shall tamper with or circumvent	12054
the operation of an ignition interlock device.	12055

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	12056
(3), or (4) of section 4511.19 of the Revised Code, in addition to	12057
the license suspension or revocation provided in section 4507.16	12058
of the Revised Code and any disqualification imposed under section	12059
4506.16 of the Revised Code, shall be punished as provided in	12060
division (A)(1), (2), (3), or (4) of this section. Whoever	12061
violates division (A)(5), (6), or (7) of section 4511.19 of the	12062
Revised Code, in addition to the license suspension or revocation	12063
provided in section 4507.16 of the Revised Code and any	12064
disqualification imposed under section 4506.16 of the Revised	12065
Code, shall be punished as provided in division (A)(5), (6), (7),	12066
or (8) of this section.	12067

(1) Except as otherwise provided in division (A)(2), (3), or	12068
(4) of this section, the offender is guilty of a misdemeanor of	12069
the first degree and the court shall sentence the offender to a	12070
jail term of imprisonment of three consecutive days and may	12071
sentence the offender pursuant to section 2929.212929.24 of the	12072
Revised Code to a longer jail term of imprisonment. In addition,	12073
the court shall impose upon the offender a fine of not less than	12074
two hundred fifty and not more than one thousand dollars.	12075

The court may suspend the execution of the mandatory jail	12076
term of three consecutive days of imprisonment that it is required	12077
to impose by this division, if the court, in lieu of the suspended	12078
jail term of imprisonment, places the offender on probationunder	12079
a community control sanction pursuant to section 2929.25 of the	12080
Revised Code and requires the offender to attend, for three	12081
consecutive days, a drivers' intervention program that is	12082
certified pursuant to section 3793.10 of the Revised Code. The	12083
court also may suspend the execution of any part of the mandatory	12084
jail term of three consecutive days of imprisonment that it is	12085
required to impose by this division, if the court places the	12086
offender on probationunder a community control sanction pursuant	12087
to section 2929.25 of the Revised Code for part of the three	12088
consecutive days; requires the offender to attend, for that part	12089
of the three consecutive days, a drivers' intervention program	12090
that is certified pursuant to section 3793.10 of the Revised Code;	12091
and sentences the offender to a jail term of imprisonment equal to	12092
the remainder of the three consecutive days that the offender does	12093
not spend attending the drivers' intervention program. The court	12094
may require the offender, as a condition of probationcommunity	12095
control, to attend and satisfactorily complete any treatment or	12096
education programs that comply with the minimum standards adopted	12097
pursuant to Chapter 3793. of the Revised Code by the director of	12098
alcohol and drug addiction services, in addition to the required	12099
attendance at a drivers' intervention program, that the operators	12100
of the drivers' intervention program determine that the offender	12101
should attend and to report periodically to the court on the	12102
offender's progress in the programs. The court also may impose	12103
any other conditions of probationcommunity control on the	12104
offender that it considers necessary.	12105

Of the fine imposed pursuant to this division, twenty-five	12106
dollars shall be paid to an enforcement and education fund	12107
established by the legislative authority of the law enforcement	12108
agency in this state that primarily was responsible for the arrest	12109
of the offender, as determined by the court that imposes the fine.	12110
This share shall be used by the agency to pay only those costs it	12111
incurs in enforcing section 4511.19 of the Revised Code or a	12112
substantially similar municipal ordinance and in informing the	12113
public of the laws governing the operation of a motor vehicle	12114
while under the influence of alcohol, the dangers of operating a	12115
motor vehicle while under the influence of alcohol, and other	12116
information relating to the operation of a motor vehicle and the	12117
consumption of alcoholic beverages. Fifty dollars of the fine	12118
imposed pursuant to this division shall be paid to the political	12119
subdivision that pays the cost of housing the offender during the	12120
offender's term of incarceration to the credit of the fund that	12121
pays the cost of the incarceration. If the offender was confined	12122
as a result of the offense prior to being sentenced for the	12123
offense but is not sentenced to a term of incarceration, the fifty	12124
dollars shall be paid to the political subdivision that paid the	12125
cost of housing the offender during that period of confinement.	12126
The political subdivision shall use this share to pay or reimburse	12127
incarceration or treatment costs it incurs in housing or providing	12128
drug and alcohol treatment to persons who violate section 4511.19	12129
of the Revised Code or a substantially similar municipal ordinance	12130
and to pay for ignition interlock devices and electronic house	12131
arrest equipment for persons who violate that section.	12132
Twenty-five dollars of the fine imposed pursuant to this division	12133
shall be deposited into the county indigent drivers alcohol	12134
treatment fund or municipal indigent drivers alcohol treatment	12135
fund under the control of that court, as created by the county or	12136
municipal corporation pursuant to division (N) of section 4511.191	12137
of the Revised Code. The balance of the fine shall be disbursed	12138
as otherwise provided by law.	12139

(2)(a) Except as otherwise provided in division (A)(4) of	12140
this section, the offender is guilty of a misdemeanor of the first	12141
degree, and, except as provided in this division, the court shall	12142
sentence the offender to a jail term of imprisonment of ten	12143
consecutive days and may sentence the offender pursuant to section	12144
2929.212929.24 of the Revised Code to a longer jail term of	12145
imprisonment if, within six years of the offense, the offender has	12146
been convicted of or pleaded guilty to one violation of the	12147
following:	12148

(i) Division (A) or (B) of section 4511.19 of the Revised	12149
Code;	12150

(ii) A municipal ordinance relating to operating a vehicle	12151
while under the influence of alcohol, a drug of abuse, or alcohol	12152
and a drug of abuse;	12153

(iii) A municipal ordinance relating to operating a vehicle	12154
with a prohibited concentration of alcohol in the blood, breath,	12155
or urine;	12156

(iv) Section 2903.04 of the Revised Code in a case in which	12157
the offender was subject to the sanctions described in division	12158
(D) of that section;	12159

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	12160
section 2903.08 of the Revised Code or a municipal ordinance that	12161
is substantially similar to either of those divisions;	12162

(vi) Division (A)(2), (3), or (4) of section 2903.06,	12163
division (A)(2) of section 2903.08, or former section 2903.07 of	12164
the Revised Code, or a municipal ordinance that is substantially	12165
similar to any of those divisions or that former section, in a	12166
case in which the jury or judge found that the offender was under	12167
the influence of alcohol, a drug of abuse, or alcohol and a drug	12168
of abuse;	12169

(vii) A statute of the United States or of any other state	12170
or a municipal ordinance of a municipal corporation located in any	12171
other state that is substantially similar to division (A) or (B)	12172
of section 4511.19 of the Revised Code.	12173

As an alternative to the jail term of imprisonment required	12174
to be imposed by this division, but subject to division (A)(12) of	12175
this section, the court may impose upon the offender a sentence	12176
consisting of both a jail term of imprisonment of five consecutive	12177
days and not less than eighteen consecutive days of electronically	12178
monitored house arrest as defined in division (A) of section	12179
2929.23 of the Revised Codewith electronic monitoring. The jail	12180
term of five consecutive days of imprisonment and the period of	12181
electronically monitored house arrest with electronic monitoring	12182
shall not exceed six months. The jail term of five consecutive	12183
days of imprisonment dodoes not have to be served prior to or	12184
consecutively with the period of electronically monitored house	12185
arrest with electronic monitoring.	12186

In addition, the court shall impose upon the offender a fine	12187
of not less than three hundred fifty and not more than one	12188
thousand five hundred dollars.	12189

In addition to any other sentence that it imposes upon the	12190
offender, the court may require the offender to attend a drivers'	12191
intervention program that is certified pursuant to section 3793.10	12192
of the Revised Code. If the officials of the drivers'	12193
intervention program determine that the offender is alcohol	12194
dependent, they shall notify the court, and the court shall order	12195
the offender to obtain treatment through an alcohol and drug	12196
addiction program authorized by section 3793.02 of the Revised	12197
Code. The cost of the treatment shall be paid by the offender.	12198

Of the fine imposed pursuant to this division, thirty-five	12199
dollars shall be paid to an enforcement and education fund	12200
established by the legislative authority of the law enforcement	12201
agency in this state that primarily was responsible for the arrest	12202
of the offender, as determined by the court that imposes the fine.	12203
This share shall be used by the agency to pay only those costs it	12204
incurs in enforcing section 4511.19 of the Revised Code or a	12205
substantially similar municipal ordinance and in informing the	12206
public of the laws governing the operation of a motor vehicle	12207
while under the influence of alcohol, the dangers of operating a	12208
motor vehicle while under the influence of alcohol, and other	12209
information relating to the operation of a motor vehicle and the	12210
consumption of alcoholic beverages. One hundred fifteen dollars	12211
of the fine imposed pursuant to this division shall be paid to the	12212
political subdivision that pays the cost of housing the offender	12213
during the offender's term of incarceration. This share shall be	12214
used by the political subdivision to pay or reimburse	12215
incarceration or treatment costs it incurs in housing or providing	12216
drug and alcohol treatment to persons who violate section 4511.19	12217
of the Revised Code or a substantially similar municipal ordinance	12218
and to pay for ignition interlock devices and electronic house	12219
arrest equipment for persons who violate that section, and shall	12220
be paid to the credit of the fund that pays the cost of the	12221
incarceration. Fifty dollars of the fine imposed pursuant to this	12222
division shall be deposited into the county indigent drivers	12223
alcohol treatment fund or municipal indigent drivers alcohol	12224
treatment fund under the control of that court, as created by the	12225
county or municipal corporation pursuant to division (N) of	12226
section 4511.191 of the Revised Code. The balance of the fine	12227
shall be disbursed as otherwise provided by law.	12228

(b) Regardless of whether the vehicle the offender was	12229
operating at the time of the offense is registered in the	12230
offender's name or in the name of another person, the court, in	12231
addition to the penalties imposed under division (A)(2)(a) of this	12232
section and all other penalties provided by law and subject to	12233
section 4503.235 of the Revised Code, shall order the	12234
immobilization for ninety days of the vehicle the offender was	12235
operating at the time of the offense and the impoundment for	12236
ninety days of the identification license plates of that vehicle.	12237
The order for the immobilization and impoundment shall be issued	12238
and enforced in accordance with section 4503.233 of the Revised	12239
Code.	12240

(3)(a) Except as otherwise provided in division (A)(4) of	12241
this section and except as provided in this division, if, within	12242
six years of the offense, the offender has been convicted of or	12243
pleaded guilty to two violations identified in division (A)(2) of	12244
this section, the court shall sentence the offender to a jail term	12245
of imprisonment of thirty consecutive days and may sentence the	12246
offender to a longer definite jail term of imprisonment of not	12247
more than one year. As an alternative to the jail term of	12248
imprisonment required to be imposed by this division, but subject	12249
to division (A)(12) of this section, the court may impose upon the	12250
offender a sentence consisting of both a jail term of imprisonment	12251
of fifteen consecutive days and not less than fifty-five	12252
consecutive days of electronically monitored house arrest as	12253
defined in division (A) of section 2929.23 of the Revised Code	12254
with electronic monitoring. The jail term of fifteen consecutive	12255
days of imprisonment and the period of electronically monitored	12256
house arrest with electronic monitoring shall not exceed one year.	12257
The jail term of fifteen consecutive days of imprisonment dodoes	12258
not have to be served prior to or consecutively with the period of	12259
electronically monitored house arrest with electronic monitoring.	12260

In addition, the court shall impose upon the offender a fine	12261
of not less than five hundred fifty and not more than two thousand	12262
five hundred dollars.	12263

In addition to any other sentence that it imposes upon the	12264
offender, the court shall require the offender to attend an	12265
alcohol and drug addiction program authorized by section 3793.02	12266
of the Revised Code. The cost of the treatment shall be paid by	12267
the offender. If the court determines that the offender is unable	12268
to pay the cost of attendance at the treatment program, the court	12269
may order that payment of the cost of the offender's attendance at	12270
the treatment program be made from that court's indigent drivers	12271
alcohol treatment fund.	12272

Of the fine imposed pursuant to this division, one hundred	12273
twenty-three dollars shall be paid to an enforcement and education	12274
fund established by the legislative authority of the law	12275
enforcement agency in this state that primarily was responsible	12276
for the arrest of the offender, as determined by the court that	12277
imposes the fine. This share shall be used by the agency to pay	12278
only those costs it incurs in enforcing section 4511.19 of the	12279
Revised Code or a substantially similar municipal ordinance and in	12280
informing the public of the laws governing the operation of a	12281
motor vehicle while under the influence of alcohol, the dangers of	12282
operating a motor vehicle while under the influence of alcohol,	12283
and other information relating to the operation of a motor vehicle	12284
and the consumption of alcoholic beverages. Two hundred	12285
seventy-seven dollars of the fine imposed pursuant to this	12286
division shall be paid to the political subdivision that pays the	12287
cost of housing the offender during the offender's term of	12288
incarceration. This share shall be used by the political	12289
subdivision to pay or reimburse incarceration or treatment costs	12290
it incurs in housing or providing drug and alcohol treatment to	12291
persons who violate section 4511.19 of the Revised Code or a	12292
substantially similar municipal ordinance and to pay for ignition	12293
interlock devices and electronic house arrest equipment for	12294
persons who violate that section and shall be paid to the credit	12295
of the fund that pays the cost of incarceration. The balance of	12296
the fine shall be disbursed as otherwise provided by law.	12297

(b) Regardless of whether the vehicle the offender was	12298
operating at the time of the offense is registered in the	12299
offender's name or in the name of another person, the court, in	12300
addition to the penalties imposed under division (A)(3)(a) of this	12301
section and all other penalties provided by law and subject to	12302
section 4503.235 of the Revised Code, shall order the criminal	12303
forfeiture to the state of the vehicle the offender was operating	12304
at the time of the offense. The order of criminal forfeiture	12305
shall be issued and enforced in accordance with section 4503.234	12306
of the Revised Code.	12307

(4)(a)(i) If, within six years of the offense, the offender	12308
has been convicted of or pleaded guilty to three or more	12309
violations identified in division (A)(2) of this section, and if	12310
sentence is not required to be imposed under division	12311
(A)(4)(a)(ii) of this section, the offender is guilty of a felony	12312
of the fourth degree and, notwithstanding division (A)(4) of	12313
section 2929.14 of the Revised Code, may be sentenced to a	12314
definite prison term that shall be not less than six months and	12315
not more than thirty months. The court shall sentence the	12316
offender in accordance with sections 2929.11 to 2929.19 of the	12317
Revised Code and shall impose as part of the sentence either a	12318
mandatory term of local incarceration of sixty consecutive days of	12319
imprisonment in accordance with division (G)(1) of section 2929.13	12320
of the Revised Code or a mandatory prison term of sixty	12321
consecutive days of imprisonment in accordance with division	12322
(G)(2) of that section. If the court requires the offender to	12323
serve a mandatory term of local incarceration of sixty consecutive	12324
days of imprisonment in accordance with division (G)(1) of section	12325
2929.13 of the Revised Code, the court, pursuant to section	12326
2929.17 of the Revised Code, may impose upon the offender a	12327
sentence that includes a term of electronically monitored house	12328
arrest with electronic monitoring, provided that the term of	12329
electronically monitored house arrest with electronic monitoring	12330
shall not commence until after the offender has served the	12331
mandatory term of local incarceration.	12332

(ii) If the offender previously has been convicted of or	12333
pleaded guilty to a violation of division (A) of section 4511.19	12334
of the Revised Code under circumstances in which the violation was	12335
a felony, regardless of when the prior violation and the prior	12336
conviction or guilty plea occurred, the offender is guilty of a	12337
felony of the third degree. The court shall sentence the offender	12338
in accordance with sections 2929.11 to 2929.19 of the Revised Code	12339
and shall impose as part of the sentence a mandatory prison term	12340
of sixty consecutive days of imprisonment in accordance with	12341
division (G)(2) of section 2929.13 of the Revised Code.	12342

(iii) In addition to all other sanctions imposed on an	12343
offender under division (A)(4)(a)(i) or (ii) of this section, the	12344
court shall impose upon the offender, pursuant to section 2929.18	12345
of the Revised Code, a fine of not less than eight hundred nor	12346
more than ten thousand dollars.	12347

In addition to any other sanction that it imposes upon the	12348
offender under division (A)(4)(a)(i) or (ii) of this section, the	12349
court shall require the offender to attend an alcohol and drug	12350
addiction program authorized by section 3793.02 of the Revised	12351
Code. The cost of the treatment shall be paid by the offender. If	12352
the court determines that the offender is unable to pay the cost	12353
of attendance at the treatment program, the court may order that	12354
payment of the cost of the offender's attendance at the treatment	12355
program be made from the court's indigent drivers alcohol	12356
treatment fund.	12357

Of the fine imposed pursuant to this division, two hundred	12358
ten dollars shall be paid to an enforcement and education fund	12359
established by the legislative authority of the law enforcement	12360
agency in this state that primarily was responsible for the arrest	12361
of the offender, as determined by the court that imposes the fine.	12362
This share shall be used by the agency to pay only those costs it	12363
incurs in enforcing section 4511.19 of the Revised Code or a	12364
substantially similar municipal ordinance and in informing the	12365
public of the laws governing operation of a motor vehicle while	12366
under the influence of alcohol, the dangers of operation of a	12367
motor vehicle while under the influence of alcohol, and other	12368
information relating to the operation of a motor vehicle and the	12369
consumption of alcoholic beverages. Four hundred forty dollars of	12370
the fine imposed pursuant to this division shall be paid to the	12371
political subdivision that pays the cost of housing the offender	12372
during the offender's term of incarceration. This share shall be	12373
used by the political subdivision to pay or reimburse	12374
incarceration or treatment costs it incurs in housing or providing	12375
drug and alcohol treatment to persons who violate section 4511.19	12376
of the Revised Code or a substantially similar municipal ordinance	12377
and to pay for ignition interlock devices and electronic house	12378
arrest equipment for persons who violate that section, and shall	12379
be paid to the credit of the fund that pays the cost of	12380
incarceration. The balance of the fine shall be disbursed as	12381
otherwise provided by law.	12382

(b) Regardless of whether the vehicle the offender was	12383
operating at the time of the offense is registered in the	12384
offender's name or in the name of another person, the court, in	12385
addition to the sanctions imposed under division (A)(4)(a) of this	12386
section and all other sanctions provided by law and subject to	12387
section 4503.235 of the Revised Code, shall order the criminal	12388
forfeiture to the state of the vehicle the offender was operating	12389
at the time of the offense. The order of criminal forfeiture	12390
shall be issued and enforced in accordance with section 4503.234	12391
of the Revised Code.	12392

(c) As used in division (A)(4)(a) of this section,	12393
"mandatory prison term" and "mandatory term of local	12394
incarceration" have the same meanings as in section 2929.01 of the	12395
Revised Code.	12396

(d) If title to a motor vehicle that is subject to an order	12397
for criminal forfeiture under this section is assigned or	12398
transferred and division (C)(2) or (3) of section 4503.234 of the	12399
Revised Code applies, in addition to or independent of any other	12400
penalty established by law, the court may fine the offender the	12401
value of the vehicle as determined by publications of the national	12402
auto dealer's association. The proceeds from any fine imposed	12403
under this division shall be distributed in accordance with	12404
division (D)(4) of section 4503.234 of the Revised Code.	12405

(5)(a) Except as otherwise provided in division (A)(6), (7),	12406
or (8) of this section, the offender is guilty of a misdemeanor of	12407
the first degree, and the court shall sentence the offender to one	12408
of the following:	12409

(i) A jail term of imprisonment of at least three	12410
consecutive days and a requirement that the offender attend, for	12411
three consecutive days, a drivers' intervention program that is	12412
certified pursuant to section 3793.10 of the Revised Code;	12413

(ii) If the court determines that the offender is not	12414
conducive to treatment in the program, if the offender refuses to	12415
attend the program, or if the place of imprisonment can provide a	12416
drivers' intervention program, a jail term of imprisonment of at	12417
least six consecutive days.	12418

(b) In addition, the court shall impose upon the offender a	12419
fine of not less than two hundred fifty and not more than one	12420
thousand dollars.	12421

The court may require the offender, as a condition of	12422
probationunder a community control sanction imposed pursuant to	12423
section 2929.25 of the Revised Code, to attend and satisfactorily	12424
complete any treatment or education programs that comply with the	12425
minimum standards adopted pursuant to Chapter 3793. of the Revised	12426
Code by the director of alcohol and drug addiction services, in	12427
addition to the required attendance at a drivers' intervention	12428
program, that the operators of the drivers' intervention program	12429
determine that the offender should attend and to report	12430
periodically to the court on the offender's progress in the	12431
programs. The court also may impose any other conditions of	12432
probationcommunity control on the offender that it considers	12433
necessary.	12434

Of the fine imposed pursuant to this division, twenty-five	12435
dollars shall be paid to an enforcement and education fund	12436
established by the legislative authority of the law enforcement	12437
agency in this state that primarily was responsible for the arrest	12438
of the offender, as determined by the court that imposes the fine.	12439
The agency shall use this share to pay only those costs it incurs	12440
in enforcing section 4511.19 of the Revised Code or a	12441
substantially similar municipal ordinance and in informing the	12442
public of the laws governing the operation of a motor vehicle	12443
while under the influence of alcohol, the dangers of operating a	12444
motor vehicle while under the influence of alcohol, and other	12445
information relating to the operation of a motor vehicle and the	12446
consumption of alcoholic beverages. Fifty dollars of the fine	12447
imposed pursuant to this division shall be paid to the political	12448
subdivision that pays the cost of housing the offender during the	12449
offender's term of incarceration to the credit of the fund that	12450
pays the cost of the incarceration. The political subdivision	12451
shall use this share to pay or reimburse incarceration or	12452
treatment costs it incurs in housing or providing drug and alcohol	12453
treatment to persons who violate section 4511.19 of the Revised	12454
Code or a substantially similar municipal ordinance and to pay for	12455
ignition interlock devices and electronic house arrest equipment	12456
for persons who violate that section. Twenty-five dollars of the	12457
fine imposed pursuant to this division shall be deposited into the	12458
county indigent drivers alcohol treatment fund or municipal	12459
indigent drivers alcohol treatment fund under the control of that	12460
court, as created by the county or municipal corporation pursuant	12461
to division (N) of section 4511.191 of the Revised Code. The	12462
balance of the fine shall be disbursed as otherwise provided by	12463
law.	12464

(6)(a) Except as otherwise provided in division (A)(8) of	12465
this section and except as provided in this division, if, within	12466
six years of the offense, the offender has been convicted of or	12467
pleaded guilty to one violation of division (A) or (B) of section	12468
4511.19 of the Revised Code, a municipal ordinance relating to	12469
operating a vehicle while under the influence of alcohol, a drug	12470
of abuse, or alcohol and a drug of abuse, a municipal ordinance	12471
relating to operating a vehicle with a prohibited concentration of	12472
alcohol in the blood, breath, or urine, section 2903.04 of the	12473
Revised Code in a case in which the offender was subject to the	12474
sanctions described in division (D) of that section, section	12475
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	12476
ordinance that is substantially similar to section 2903.07 of the	12477
Revised Code in a case in which the jury or judge found that the	12478
offender was under the influence of alcohol, a drug of abuse, or	12479
alcohol and a drug of abuse, or a statute of the United States or	12480
of any other state or a municipal ordinance of a municipal	12481
corporation located in any other state that is substantially	12482
similar to division (A) or (B) of section 4511.19 of the Revised	12483
Codeidentified in division (A)(2) of this section, the offender	12484
is guilty of a misdemeanor of the first degree, and the court	12485
shall sentence the offender to a jail term of imprisonment of	12486
twenty consecutive days and may sentence the offender pursuant to	12487
section 2929.212929.24 of the Revised Code to a longer term of	12488
imprisonment. As an alternative to the jail term of imprisonment	12489
required to be imposed by this division, but subject to division	12490
(A)(12) of this section, the court may impose upon the offender a	12491
sentence consisting of both a jail term of imprisonment of ten	12492
consecutive days and not less than thirty-six consecutive days of	12493
electronically monitored house arrest as defined in division (A)	12494
of section 2929.23 of the Revised Codewith electronic monitoring.	12495
The jail term of ten consecutive days of imprisonment and the	12496
period of electronically monitored house arrest with electronic	12497
monitoring shall not exceed six months. The jail term of ten	12498
consecutive days of imprisonment dodoes not have to be served	12499
prior to or consecutively withto the period of electronically	12500
monitored house arrest with electronic monitoring.	12501

In addition, the court shall impose upon the offender a fine	12502
of not less than three hundred fifty and not more than one	12503
thousand five hundred dollars.	12504

In addition to any other sentence that it imposes upon the	12505
offender, the court may require the offender to attend a drivers'	12506
intervention program that is certified pursuant to section 3793.10	12507
of the Revised Code. If the officials of the drivers'	12508
intervention program determine that the offender is alcohol	12509
dependent, they shall notify the court, and the court shall order	12510
the offender to obtain treatment through an alcohol and drug	12511
addiction program authorized by section 3793.02 of the Revised	12512
Code. The offender shall pay the cost of the treatment.	12513

Of the fine imposed pursuant to this division, thirty-five	12514
dollars shall be paid to an enforcement and education fund	12515
established by the legislative authority of the law enforcement	12516
agency in this state that primarily was responsible for the arrest	12517
of the offender, as determined by the court that imposes the fine.	12518
The agency shall use this share to pay only those costs it incurs	12519
in enforcing section 4511.19 of the Revised Code or a	12520
substantially similar municipal ordinance and in informing the	12521
public of the laws governing the operation of a motor vehicle	12522
while under the influence of alcohol, the dangers of operating a	12523
motor vehicle while under the influence of alcohol, and other	12524
information relating to the operation of a motor vehicle and the	12525
consumption of alcoholic beverages. One hundred fifteen dollars	12526
of the fine imposed pursuant to this division shall be paid to the	12527
political subdivision that pays the cost of housing the offender	12528
during the offender's term of incarceration. The political	12529
subdivision shall use this share to pay or reimburse incarceration	12530
or treatment costs it incurs in housing or providing drug and	12531
alcohol treatment to persons who violate section 4511.19 of the	12532
Revised Code or a substantially similar municipal ordinance and to	12533
pay for ignition interlock devices and electronic house arrest	12534
equipment for persons who violate that section, and this share	12535
shall be paid to the credit of the fund that pays the cost of the	12536
incarceration. Fifty dollars of the fine imposed pursuant to this	12537
division shall be deposited into the county indigent drivers	12538
alcohol treatment fund or municipal indigent drivers alcohol	12539
treatment fund under the control of that court, as created by the	12540
county or municipal corporation pursuant to division (N) of	12541
section 4511.191 of the Revised Code. The balance of the fine	12542
shall be disbursed as otherwise provided by law.	12543

(b) Regardless of whether the vehicle the offender was	12544
operating at the time of the offense is registered in the	12545
offender's name or in the name of another person, the court, in	12546
addition to the penalties imposed under division (A)(6)(a) of this	12547
section and all other penalties provided by law and subject to	12548
section 4503.235 of the Revised Code, shall order the	12549
immobilization for ninety days of the vehicle the offender was	12550
operating at the time of the offense and the impoundment for	12551
ninety days of the identification license plates of that vehicle.	12552
The order for the immobilization and impoundment shall be issued	12553
and enforced in accordance with section 4503.233 of the Revised	12554
Code.	12555

(7)(a) Except as otherwise provided in division (A)(8) of	12556
this section and except as provided in this division, if, within	12557
six years of the offense, the offender has been convicted of or	12558
pleaded guilty to two violations of division (A) or (B) of section	12559
4511.19 of the Revised Code, a municipal ordinance relating to	12560
operating a vehicle while under the influence of alcohol, a drug	12561
of abuse, or alcohol and a drug of abuse, a municipal ordinance	12562
relating to operating a vehicle with a prohibited concentration of	12563
alcohol in the blood, breath, or urine, section 2903.04 of the	12564
Revised Code in a case in which the offender was subject to the	12565
sanctions described in division (D) of that section, section	12566
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	12567
ordinance that is substantially similar to section 2903.07 of the	12568
Revised Code in a case in which the jury or judge found that the	12569
offender was under the influence of alcohol, a drug of abuse, or	12570
alcohol and a drug of abuse, or a statute of the United States or	12571
of any other state or a municipal ordinance of a municipal	12572
corporation located in any other state that is substantially	12573
similar to division (A) or (B) of section 4511.19 of the Revised	12574
Codeidentified in division (A)(2) of this section, the court	12575
shall sentence the offender to a jail term of imprisonment of	12576
sixty consecutive days and may sentence the offender to a longer	12577
definite jail term of imprisonment of not more than one year. As	12578
an alternative to the jail term of imprisonment required to be	12579
imposed by this division, but subject to division (A)(12) of this	12580
section, the court may impose upon the offender a sentence	12581
consisting of both a jail term of imprisonment of thirty	12582
consecutive days and not less than one hundred ten consecutive	12583
days of electronically monitored house arrest as defined in	12584
division (A) of section 2929.23 of the Revised Codewith	12585
electronic monitoring. The jail term of thirty consecutive days	12586
of imprisonment and the period of electronically monitored house	12587
arrest with electronic monitoring shall not exceed one year. The	12588
jail term of thirty consecutive days of imprisonment dodoes not	12589
have to be served prior to or consecutively with the period of	12590
electronically monitored house arrest with electronic monitoring.	12591

In addition, the court shall impose upon the offender a fine	12592
of not less than five hundred fifty and not more than two thousand	12593
five hundred dollars.	12594

In addition to any other sentence that it imposes upon the	12595
offender, the court shall require the offender to attend an	12596
alcohol and drug addiction program authorized by section 3793.02	12597
of the Revised Code. The offender shall pay the cost of the	12598
treatment. If the court determines that the offender is unable to	12599
pay the cost of attendance at the treatment program, the court may	12600
order that payment of the cost of the offender's attendance at the	12601
treatment program be made from that court's indigent drivers	12602
alcohol treatment fund.	12603

Of the fine imposed pursuant to this division, one hundred	12604
twenty-three dollars shall be paid to an enforcement and education	12605
fund established by the legislative authority of the law	12606
enforcement agency in this state that primarily was responsible	12607
for the arrest of the offender, as determined by the court that	12608
imposes the fine. The agency shall use this share to pay only	12609
those costs it incurs in enforcing section 4511.19 of the Revised	12610
Code or a substantially similar municipal ordinance and in	12611
informing the public of the laws governing the operation of a	12612
motor vehicle while under the influence of alcohol, the dangers of	12613
operating a motor vehicle while under the influence of alcohol,	12614
and other information relating to the operation of a motor vehicle	12615
and the consumption of alcoholic beverages. Two hundred	12616
seventy-seven dollars of the fine imposed pursuant to this	12617
division shall be paid to the political subdivision that pays the	12618
cost of housing the offender during the offender's term of	12619
incarceration. The political subdivision shall use this share to	12620
pay or reimburse incarceration or treatment costs it incurs in	12621
housing or providing drug and alcohol treatment to persons who	12622
violate section 4511.19 of the Revised Code or a substantially	12623
similar municipal ordinance and to pay for ignition interlock	12624
devices and electronic house arrest equipment for persons who	12625
violate that section, and this share shall be paid to the credit	12626
of the fund that pays the cost of incarceration. The balance of	12627
the fine shall be disbursed as otherwise provided by law.	12628

(b) Regardless of whether the vehicle the offender was	12629
operating at the time of the offense is registered in the	12630
offender's name or in the name of another person, the court, in	12631
addition to the penalties imposed under division (A)(7)(a) of this	12632
section and all other penalties provided by law and subject to	12633
section 4503.235 of the Revised Code, shall order the	12634
immobilization for one hundred eighty days of the vehicle the	12635
offender was operating at the time of the offense and the	12636
impoundment for one hundred eighty days of the identification	12637
license plates of that vehicle. The order for the immobilization	12638
and impoundment shall be issued and enforced in accordance with	12639
section 4503.233 of the Revised Code.	12640

(8)(a)(i) If, within six years of the offense, the offender	12641
has been convicted of or pleaded guilty to three or more	12642
violations of division (A) or (B) of section 4511.19 of the	12643
Revised Code, a municipal ordinance relating to operating a	12644
vehicle while under the influence of alcohol, a drug of abuse, or	12645
alcohol and a drug of abuse, a municipal ordinance relating to	12646
operating a vehicle with a prohibited concentration of alcohol in	12647
the blood, breath, or urine, section 2903.04 of the Revised Code	12648
in a case in which the offender was subject to the sanctions	12649
described in division (D) of that section, section 2903.06,	12650
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	12651
that is substantially similar to section 2903.07 of the Revised	12652
Code in a case in which the jury or judge found that the offender	12653
was under the influence of alcohol, a drug of abuse, or alcohol	12654
and a drug of abuse, or a statute of the United States or of any	12655
other state or a municipal ordinance of a municipal corporation	12656
located in any other state that is substantially similar to	12657
division (A) or (B) of section 4511.19 of the Revised Code	12658
identified in division (A)(2) of this section, and if sentence is	12659
not required to be imposed under division (A)(8)(a)(ii) of this	12660
section, the offender is guilty of a felony of the fourth degree	12661
and, notwithstanding division (A)(4) of section 2929.14 of the	12662
Revised Code, may be sentenced to a definite prison term that	12663
shall be not less than six months and not more than thirty months.	12664
The court shall sentence the offender in accordance with sections	12665
2929.11 to 2929.19 of the Revised Code and shall impose as part of	12666
the sentence either a mandatory term of local incarceration of one	12667
hundred twenty consecutive days of imprisonment in accordance with	12668
division (G)(1) of section 2929.13 of the Revised Code or a	12669
mandatory prison term of one hundred twenty consecutive days of	12670
imprisonment in accordance with division (G)(2) of that section.	12671
If the court requires the offender to serve a mandatory term of	12672
local incarceration of one hundred twenty consecutive days of	12673
imprisonment in accordance with division (G)(1) of section 2929.13	12674
of the Revised Code, the court, pursuant to section 2929.17 of the	12675
Revised Code, may impose upon the offender a sentence that	12676
includes a term of electronically monitored house arrest with	12677
electronic monitoring, provided that the term of electronically	12678
monitored house arrest with electronic monitoring shall not	12679
commence until after the offender has served the mandatory term of	12680
local incarceration.	12681

(ii) If the offender previously has been convicted of or	12682
pleaded guilty to a violation of division (A) of section 4511.19	12683
of the Revised Code under circumstances in which the violation was	12684
a felony, regardless of when the prior violation and the prior	12685
conviction or guilty plea occurred, the offender is guilty of a	12686
felony of the third degree. The court shall sentence the offender	12687
in accordance with sections 2929.11 to 2929.19 of the Revised Code	12688
and shall impose as part of the sentence a mandatory prison term	12689
of one hundred twenty consecutive days of imprisonment in	12690
accordance with division (G)(2) of section 2929.13 of the Revised	12691
Code.	12692

(iii) In addition to all other sanctions imposed on an	12693
offender under division (A)(8)(a)(i) or (ii) of this section, the	12694
court shall impose upon the offender, pursuant to section 2929.18	12695
of the Revised Code, a fine of not less than eight hundred nor	12696
more than ten thousand dollars.	12697

In addition to any other sanction that it imposes upon the	12698
offender under division (A)(8)(a)(i) or (ii) of this section, the	12699
court shall require the offender to attend an alcohol and drug	12700
addiction program authorized by section 3793.02 of the Revised	12701
Code. The cost of the treatment shall be paid by the offender. If	12702
the court determines that the offender is unable to pay the cost	12703
of attendance at the treatment program, the court may order that	12704
payment of the cost of the offender's attendance at the treatment	12705
program be made from the court's indigent drivers alcohol	12706
treatment fund.	12707

Of the fine imposed pursuant to this division, two hundred	12708
ten dollars shall be paid to an enforcement and education fund	12709
established by the legislative authority of the law enforcement	12710
agency in this state that primarily was responsible for the arrest	12711
of the offender, as determined by the court that imposes the fine.	12712
The agency shall use this share to pay only those costs it incurs	12713
in enforcing section 4511.19 of the Revised Code or a	12714
substantially similar municipal ordinance and in informing the	12715
public of the laws governing operation of a motor vehicle while	12716
under the influence of alcohol, the dangers of operation of a	12717
motor vehicle while under the influence of alcohol, and other	12718
information relating to the operation of a motor vehicle and the	12719
consumption of alcoholic beverages. Four hundred forty dollars of	12720
the fine imposed pursuant to this division shall be paid to the	12721
political subdivision that pays the cost of housing the offender	12722
during the offender's term of incarceration. The political	12723
subdivision shall use this share to pay or reimburse incarceration	12724
or treatment costs it incurs in housing or providing drug and	12725
alcohol treatment to persons who violate section 4511.19 of the	12726
Revised Code or a substantially similar municipal ordinance and to	12727
pay for ignition interlock devices and electronic house arrest	12728
equipment for persons who violate that section, and this share	12729
shall be paid to the credit of the fund that pays the cost of	12730
incarceration. The balance of the fine shall be disbursed as	12731
otherwise provided by law.	12732

(b) Regardless of whether the vehicle the offender was	12733
operating at the time of the offense is registered in the	12734
offender's name or in the name of another person, the court, in	12735
addition to the sanctions imposed under division (A)(8)(a) of this	12736
section and all other sanctions provided by law and subject to	12737
section 4503.235 of the Revised Code, shall order the criminal	12738
forfeiture to the state of the vehicle the offender was operating	12739
at the time of the offense. The order of criminal forfeiture	12740
shall be issued and enforced in accordance with section 4503.234	12741
of the Revised Code.	12742

(c) As used in division (A)(8)(a) of this section,	12743
"mandatory prison term" and "mandatory term of local	12744
incarceration" have the same meanings as in section 2929.01 of the	12745
Revised Code.	12746

(d) If title to a motor vehicle that is subject to an order	12747
for criminal forfeiture under this section is assigned or	12748
transferred and division (C)(2) or (3) of section 4503.234 of the	12749
Revised Code applies, in addition to or independent of any other	12750
penalty established by law, the court may fine the offender the	12751
value of the vehicle as determined by publications of the national	12752
auto dealer's association. The proceeds from any fine imposed	12753
under this division shall be distributed in accordance with	12754
division (D)(4) of section 4503.234 of the Revised Code.	12755

(9)(a) Except as provided in division (A)(9)(b) of this	12756
section, upon a showing that imprisonment or serving a jail term	12757
would seriously affect the ability of an offender sentenced	12758
pursuant to division (A)(1), (2), (3), (4), (5), (6), (7), or (8)	12759
of this section to continue the offender's employment, the court	12760
may authorize that the offender be granted work release from	12761
imprisonment after the offender has served the mandatory jail term	12762
of three, six, ten, twenty, thirty, or sixty consecutive days of	12763
imprisonment or the mandatory term of local incarceration of sixty	12764
or one hundred twenty consecutive days that the court is required	12765
by division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	12766
section to impose. No court shall authorize work release from	12767
imprisonment during the mandatory jail term of three, six, ten,	12768
twenty, thirty, or sixty consecutive days of imprisonment or the	12769
mandatory term of local incarceration or mandatory prison term of	12770
sixty or one hundred twenty consecutive days that the court is	12771
required by division (A)(1), (2), (3), (4), (5), (6), (7), or (8)	12772
of this section to impose. The duration of the work release shall	12773
not exceed the time necessary each day for the offender to commute	12774
to and from the place of employment and the place of imprisonment	12775
incarceration and the time actually spent under employment.	12776

(b) An offender who is sentenced pursuant to division	12777
(A)(2), (3), (6), or (7) of this section to a jail term of	12778
imprisonment followed by a period of electronically monitored	12779
house arrest with electronic monitoring is not eligible for work	12780
release from imprisonmentwhile serving the jail term, but that	12781
person shall be permitted work release during the period of	12782
electronically monitored house arrest with electronic monitoring.	12783
The duration of the work release shall not exceed the time	12784
necessary each day for the offender to commute to and from the	12785
place of employment and the offender's home or other place	12786
specified by the sentencing court and the time actually spent	12787
under employment.	12788

(10) Notwithstanding any section of the Revised Code that	12789
authorizes the suspension of the imposition or execution of a	12790
sentence, the placement of an offender in any treatment program in	12791
lieu of imprisonment, or the use of a community control sanction	12792
for an offender convicted of a felony or a misdemeanor, no court	12793
shall suspend the mandatory jail term of ten, twenty, thirty, or	12794
sixty consecutive days of imprisonment required to be imposed on	12795
an offender by division (A)(2), (3), (6), or (7) of this section,	12796
no court shall place an offender who is sentenced pursuant to	12797
division (A)(2), (3), (4), (6), (7), or (8) of this section in any	12798
treatment program in lieu of imprisonment until after the offender	12799
has served the mandatory jail term of ten, twenty, thirty, or	12800
sixty consecutive days of imprisonment or the mandatory term of	12801
local incarceration or mandatory prison term of sixty or one	12802
hundred twenty consecutive days required to be imposed pursuant to	12803
division (A)(2), (3), (4), (6), (7), or (8) of this section, no	12804
court that sentences an offender under division (A)(4) or (8) of	12805
this section shall impose any sanction other than a mandatory term	12806
of local incarceration or mandatory prison term to apply to the	12807
offender until after the offender has served the mandatory term of	12808
local incarceration or mandatory prison term of sixty or one	12809
hundred twenty consecutive days required to be imposed pursuant to	12810
division (A)(4) or (8) of this section, and no court that imposes	12811
a sentence of imprisonmenta jail term and a period of	12812
electronically monitored house arrest with electronic monitoring	12813
upon an offender under division (A)(2), (3), (6), or (7) of this	12814
section shall suspend any portion of the sentence or place the	12815
offender in any treatment program in lieu of imprisonment or	12816
electronically monitored house arrest with electronic monitoring.	12817
Notwithstanding any section of the Revised Code that authorizes	12818
the suspension of the imposition or execution of a sentence or the	12819
placement of an offender in any treatment program in lieu of	12820
imprisonment, no court, except as specifically authorized by	12821
division (A)(1) or (5) of this section, shall suspend the	12822
mandatory jail term of three or more consecutive days of	12823
imprisonment required to be imposed by division (A)(1) or (5) of	12824
this section or place an offender who is sentenced pursuant to	12825
division (A)(1) or (5) of this section in any treatment program in	12826
lieu of imprisonment until after the offender has served the	12827
mandatory jail term of three or more consecutive days of	12828
imprisonment required to be imposed pursuant to division (A)(1) or	12829
(5) of this section.	12830

(11) No court shall sentence an offender to an alcohol	12831
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	12832
(6), (7), or (8) of this section unless the treatment program	12833
complies with the minimum standards adopted pursuant to Chapter	12834
3793. of the Revised Code by the director of alcohol and drug	12835
addiction services.	12836

(12) No court shall impose the alternative sentence of a	12837
jail term of imprisonment plus a term of electronically monitored	12838
house arrest with electronic monitoring permitted to be imposed by	12839
division (A)(2), (3), (6), or (7) of this section, unless within	12840
sixty days of the date of sentencing, the court issues a written	12841
finding, entered into the record, that due to the unavailability	12842
of space at the incarceration facility where the offender is	12843
required to serve the jail term of imprisonment imposed upon the	12844
offender, the offender will not be able to commence serving the	12845
jail term of imprisonment within the sixty-day period following	12846
the date of sentencing. If the court issues such a written	12847
finding, the court may impose the alternative sentence comprised	12848
of a jail term of imprisonment and a term of electronically	12849
monitored house arrest with electronic monitoring permitted to be	12850
imposed by division (A)(2), (3), (6), or (7) of this section.	12851

(13) As used in division (A) of this section "electronic	12852
monitoring" has the same meaning as in section 2929.01 of the	12853
Revised Code.	12854

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	12855
of the Revised Code is guilty of a misdemeanor of the first	12856
degree. The court, in addition to or independent of all other	12857
penalties provided by law, may suspend for a period not to exceed	12858
one year the driver's or commercial driver's license or permit or	12859
nonresident operating privilege of any person who pleads guilty to	12860
or is convicted of a violation of section 4511.192 of the Revised	12861
Code.	12862

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	12863
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	12864
guilty of one of the following:	12865

(1) Except as otherwise provided in division (C)(2) of this	12866
section, a minor misdemeanor.	12867

(2) If the offender previously has been convicted of or	12868
pleaded guilty to one or more violations of section 4511.63,	12869
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	12870
Revised Code or a municipal ordinance that is substantially	12871
similar to any of those sections, a misdemeanor of the fourth	12872
degree.	12873

(D)(1) Whoever violates any provision of sections 4511.01 to	12874
4511.76 or section 4511.84 of the Revised Code, for which no	12875
penalty otherwise is provided in this section is guilty of one of	12876
the following:	12877

(a) Except as otherwise provided in division (D)(1)(b),	12878
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	12879

(b) If, within one year of the offense, the offender	12880
previously has been convicted of or pleaded guilty to one	12881
violation of any provision of sections 4511.01 to 4511.76 or	12882
section 4511.84 of the Revised Code for which no penalty otherwise	12883
is provided in this section or a municipal ordinance that is	12884
substantially similar to any provision of sections 4511.01 to	12885
4511.76 or section 4511.84 of the Revised Code for which no	12886
penalty otherwise is provided in this section, a misdemeanor of	12887
the fourth degree;	12888

(c) If, within one year of the offense, the offender	12889
previously has been convicted of or pleaded guilty to two or more	12890
violations of any provision described in division (D)(1)(b) of	12891
this section or any municipal ordinance that is substantially	12892
similar to any of those provisions, a misdemeanor of the third	12893
degree.	12894

(2) When any person is found guilty of a first offense for a	12895
violation of section 4511.21 of the Revised Code upon a finding	12896
that the person operated a motor vehicle faster than thirty-five	12897
miles an hour in a business district of a municipal corporation,	12898
or faster than fifty miles an hour in other portions, or faster	12899
than thirty-five miles an hour while passing through a school zone	12900
during recess or while children are going to or leaving school	12901
during the opening or closing hours, the person is guilty of a	12902
misdemeanor of the fourth degree.	12903

(3) Notwithstanding section 2929.212929.28 of the Revised	12904
Code, upon a finding that such person operated a motor vehicle in	12905
a construction zone where a sign was then posted in accordance	12906
with section 4511.98 of the Revised Code, the court, in addition	12907
to all other penalties provided by law, shall impose a fine of two	12908
times the usual amount imposed for the violation. No court shall	12909
impose a fine of two times the usual amount imposed for the	12910
violation upon an offender who alleges, in an affidavit filed with	12911
the court prior to the offender's sentencing, that the offender is	12912
indigent and is unable to pay the fine imposed pursuant to this	12913
division, provided the court determines the offender is an	12914
indigent person and is unable to pay the fine.	12915

(4) Notwithstanding section 2929.21 of the Revised Code,	12916
upon a finding that a person operated a motor vehicle in violation	12917
of division (C) of section 4511.213 of the Revised Code, the	12918
court, in addition to all other penalties provided by law, shall	12919
impose a fine of two times the usual amount imposed for the	12920
violation.	12921

(E) Whenever a person is found guilty in a court of record	12922
of a violation of section 4511.761, 4511.762, or 4511.77 of the	12923
Revised Code, the trial judge, in addition to or independent of	12924
all other penalties provided by law, may suspend for any period of	12925
time not exceeding three years, or revoke the license of any	12926
person, partnership, association, or corporation, issued under	12927
section 4511.763 of the Revised Code.	12928

(F) Whoever violates division (E) or (F) of section 4511.51,	12929
division (A), (D), or (E) of section 4511.521, section 4511.681,	12930
division (A) or (C) of section 4511.69, section 4511.772, or	12931
division (A) or (B) of section 4511.82 of the Revised Code is	12932
guilty of a minor misdemeanor.	12933

(G) Whoever violates division (A) of section 4511.75 of the	12934
Revised Code may be fined an amount not to exceed five hundred	12935
dollars. A person who is issued a citation for a violation of	12936
division (A) of section 4511.75 of the Revised Code is not	12937
permitted to enter a written plea of guilty and waive the person's	12938
right to contest the citation in a trial, but instead must appear	12939
in person in the proper court to answer the charge.	12940

(H)(1) Whoever is a resident of this state and violates	12941
division (A) or (B) of section 4511.81 of the Revised Code shall	12942
be punished as follows:	12943

(a) Except as otherwise provided in division (H)(1)(b) of	12944
this section, the offender is guilty of a minor misdemeanor.	12945

(b) If the offender previously has been convicted of or	12946
pleaded guilty to a violation of division (A) or (B) of section	12947
4511.81 of the Revised Code or of a municipal ordinance that is	12948
substantially similar to either of those divisions, the offender	12949
is guilty of a misdemeanor of the fourth degree.	12950

(2) Whoever is not a resident of this state, violates	12951
division (A) or (B) of section 4511.81 of the Revised Code, and	12952
fails to prove by a preponderance of the evidence that the	12953
offender's use or nonuse of a child restraint system was in	12954
accordance with the law of the state of which the offender is a	12955
resident is guilty of a minor misdemeanor on a first offense; on a	12956
second or subsequent offense, that person is guilty of a	12957
misdemeanor of the fourth degree.	12958

(3) All fines imposed pursuant to division (H)(1) or (2) of	12959
this section shall be forwarded to the treasurer of state for	12960
deposit in the "child highway safety fund" created by division (G)	12961
of section 4511.81 of the Revised Code.	12962

(I) Whoever violates section 4511.202 of the Revised Code is	12963
guilty of operating a motor vehicle without being in control of	12964
it, a minor misdemeanor.	12965

(J) Whoever violates division (B) of section 4511.74,	12966
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	12967
section 4511.83 of the Revised Code is guilty of a misdemeanor of	12968
the first degree.	12969

(K) Except as otherwise provided in this division, whoever	12970
violates division (E) of section 4511.11, division (A) or (C) of	12971
section 4511.17, or section 4511.18 of the Revised Code is guilty	12972
of a misdemeanor of the third degree. If a violation of division	12973
(A) or (C) of section 4511.17 of the Revised Code creates a risk	12974
of physical harm to any person, the offender is guilty of a	12975
misdemeanor of the first degree. A violation of division (A) or	12976
(C) of section 4511.17 of the Revised Code that causes serious	12977
physical harm to property that is owned, leased, or controlled by	12978
a state or local authority is a felony of the fifth degree.	12979

(L) Whoever violates division (H) of section 4511.69 of the	12980
Revised Code shall be punished as follows:	12981

(1) Except as otherwise provided in division (L)(2) of this	12982
section, the offender shall be issued a warning.	12983

(2) If the offender previously has been convicted of or	12984
pleaded guilty to a violation of division (H) of section 4511.69	12985
of the Revised Code or of a municipal ordinance that is	12986
substantially similar to that division, the offender shall not be	12987
issued a warning but shall be fined not more than twenty-five	12988
dollars for each parking location that is not properly marked or	12989
whose markings are not properly maintained.	12990

(M) Whoever violates division (A)(1) or (2) of section	12991
4511.45 of the Revised Code is guilty of a misdemeanor of the	12992
fourth degree on a first offense; on a second offense within one	12993
year after the first offense, the person is guilty of a	12994
misdemeanor of the third degree; and on each subsequent offense	12995
within one year after the first offense, the person is guilty of a	12996
misdemeanor of the second degree.	12997

(N)(1) Whoever violates division (B) of section 4511.19 of	12998
the Revised Code is guilty of operating a motor vehicle after	12999
under-age alcohol consumption and shall be punished as follows:	13000

(a) Except as otherwise provided in division (N)(1)(b) of	13001
this section, the offender is guilty of a misdemeanor of the	13002
fourth degree.	13003

(b) The offender is guilty of a misdemeanor of the third	13004
degree if, within one year of the offense, the offender has been	13005
convicted of or pleaded guilty to any violation of the following:	13006

(i) Division (A) or (B) of section 4511.19 of the Revised	13007
Code;	13008

(ii) A municipal ordinance relating to operating a vehicle	13009
while under the influence of alcohol, a drug of abuse, or alcohol	13010
and a drug of abuse;	13011

(iii) A municipal ordinance relating to operating a vehicle	13012
with a prohibited concentration of alcohol in the blood, breath,	13013
or urine;	13014

(iv) Section 2903.04 of the Revised Code in a case in which	13015
the offender was subject to the sanctions described in division	13016
(D) of that section;	13017

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	13018
section 2903.08 of the Revised Code or a municipal ordinance that	13019
is substantially similar to either of those divisions;	13020

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	13021
division (A)(2) of section 2903.08 of the Revised Code or a	13022
municipal ordinance that is substantially similar to any of those	13023
divisions, or former section 2903.07 of the Revised Code or a	13024
substantially similar municipal ordinance, in a case in which the	13025
jury or judge found that the offender was under the influence of	13026
alcohol, a drug of abuse, or alcohol and a drug of abuse;	13027

(vii) A statute of the United States or of any other state	13028
or a municipal ordinance of a municipal corporation located in any	13029
other state that is substantially similar to division (A) or (B)	13030
of section 4511.19 of the Revised Code.	13031

(2) In addition to or independent of all other penalties	13032
provided by law, the offender's driver's or commercial driver's	13033
license or permit or nonresident operating privilege shall be	13034
suspended in accordance with, and for the period of time specified	13035
in, division (E) of section 4507.16 of the Revised Code.	13036

(O) Whoever violates section 4511.62 of the Revised Code is	13037
guilty of a misdemeanor of the fourth degree.	13038

(P) Whoever violates division (F)(1)(a) or (b) of section	13039
4511.69 of the Revised Code is guilty of a misdemeanor and shall	13040
be fined not less than two hundred fifty nor more than five	13041
hundred dollars, but in no case shall an offender be sentenced to	13042
any term of imprisonment.	13043

Arrest or conviction for a violation of division (F)(1)(a) or	13044
(b) of section 4511.69 of the Revised Code does not constitute a	13045
criminal record and need not be reported by the person so arrested	13046
or convicted in response to any inquiries contained in any	13047
application for employment, license, or other right or privilege,	13048
or made in connection with the person's appearance as a witness.	13049

Every fine collected under this division shall be paid by the	13050
clerk of the court to the political subdivision in which the	13051
violation occurred. Except as provided in this division, the	13052
political subdivision shall use the fine moneys it receives under	13053
this division to pay the expenses it incurs in complying with the	13054
signage and notice requirements contained in division (E) of	13055
section 4511.69 of the Revised Code. The political subdivision	13056
may use up to fifty per cent of each fine it receives under this	13057
division to pay the costs of educational, advocacy, support, and	13058
assistive technology programs for persons with disabilities, and	13059
for public improvements within the political subdivision that	13060
benefit or assist persons with disabilities, if governmental	13061
agencies or nonprofit organizations offer the programs.	13062

Sec. 4717.05.  (A) Any person who desires to be licensed as	13063
an embalmer shall apply to the board of embalmers and funeral	13064
directors on a form provided by the board. The applicant shall	13065
include with the application an initial license fee as set forth	13066
in section 4717.07 of the Revised Code and evidence, verified by	13067
oath and satisfactory to the board, that the applicant meets all	13068
of the following requirements:	13069

(1) The applicant is at least eighteen years of age and of	13070
good moral character.	13071

(2) If the applicant has pleaded guilty to, has been found	13072
by a judge or jury to be guilty of, or has had a judicial finding	13073
of eligibility for treatment in lieu of conviction entered against	13074
the applicant in this state for aggravated murder, murder,	13075
voluntary manslaughter, felonious assault, kidnapping, rape,	13076
sexual battery, gross sexual imposition, aggravated arson,	13077
aggravated robbery, or aggravated burglary, or has pleaded guilty	13078
to, has been found by a judge or jury to be guilty of, or has had	13079
a judicial finding of eligibility for treatment in lieu of	13080
conviction entered against the applicant in another jurisdiction	13081
for a substantially equivalent offense, at least five years has	13082
elapsed since the applicant was released from incarceration,	13083
probationa community control sanction, a post-release control	13084
sanction, parole, or treatment in connection with the offense.	13085

(3) The applicant holds at least a bachelor's degree from a	13086
college or university authorized to confer degrees by the Ohio	13087
board of regents or the comparable legal agency of another state	13088
in which the college or university is located and submits an	13089
official transcript from that college or university with the	13090
application.	13091

(4) The applicant has satisfactorily completed at least	13092
twelve months of instruction in a prescribed course in mortuary	13093
science as approved by the board and has presented to the board a	13094
certificate showing successful completion of the course. The	13095
course of mortuary science college training may be completed	13096
either before or after the completion of the educational standard	13097
set forth in division (A)(3) of this section.	13098

(5) The applicant has registered with the board prior to	13099
beginning an embalmer apprenticeship.	13100

(6) The applicant has satisfactorily completed at least one	13101
year of apprenticeship under an embalmer licensed in this state	13102
and has assisted that person in embalming at least twenty-five	13103
dead human bodies.	13104

(7) The applicant, upon meeting the educational standards	13105
provided for in divisions (A)(3) and (4) of this section and	13106
completing the apprenticeship required in division (A)(6) of this	13107
section, has completed the examination for an embalmer's license	13108
required by the board.	13109

(B) Upon receiving satisfactory evidence verified by oath	13110
that the applicant meets all the requirements of division (A) of	13111
this section, the board shall issue the applicant an embalmer's	13112
license.	13113

(C) Any person who desires to be licensed as a funeral	13114
director shall apply to the board on a form provided by the board.	13115
The application shall include an initial license fee as set forth	13116
in section 4717.07 of the Revised Code and evidence, verified by	13117
oath and satisfactory to the board, that the applicant meets all	13118
of the following requirements:	13119

(1) Except as otherwise provided in division (D) of this	13120
section, the applicant has satisfactorily met all the requirements	13121
for an embalmer's license as described in divisions (A)(1) to (4)	13122
of this section.	13123

(2) The applicant has registered with the board prior to	13124
beginning a funeral director apprenticeship.	13125

(3) The applicant, following mortuary science college	13126
training described in division (A)(4) of this section, has served	13127
a one-year apprenticeship under a licensed funeral director in	13128
this state and has assisted that person in directing at least	13129
twenty-five funerals.	13130

(4) The applicant has satisfactorily completed the	13131
examination for a funeral director's license as required by the	13132
board.	13133

(D) In lieu of mortuary science college training required	13134
for a funeral director's license under division (C)(1) of this	13135
section, the applicant may substitute a two-year apprenticeship	13136
under a licensed funeral director in this state assisting that	13137
person in directing at least fifty funerals.	13138

(E) Upon receiving satisfactory evidence that the applicant	13139
meets all the requirements of division (C) of this section, the	13140
board shall issue to the applicant a funeral director's license.	13141

(F) As used in this section:

13142

(1) "Community control sanction" has the same meaning as in	13143
section 2929.01 of the Revised Code.	13144

(2) "Post-release control sanction" has the same meaning as	13145
in section 2967.01 of the Revised Code.	13146

Sec. 4734.35.  (A) As used in this section, "prosecutor" has	13147
the same meaning as in section 2935.01 of the Revised Code.	13148

(B) The prosecutor in any case against any chiropractor	13149
holding a valid license issued under this chapter shall promptly	13150
notify the state chiropractic 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
chiropractor, the nature of the offense for which the action was	13167
taken, and the certified court documents recording the action. The	13168
board may prescribe and provide forms for prosecutors to make	13169
reports under this section. The form may be the same as the form	13170
required to be provided under section 2929.242929.42 of the	13171
Revised Code.	13172

Sec. 4761.13.  (A) As used in this section, "prosecutor" has	13173
the same meaning as in section 2935.01 of the Revised Code.	13174

(B) The prosecutor in any case against any respiratory care	13175
professional or an individual holding a limited permit issued	13176
under this chapter shall promptly notify the Ohio respiratory care	13177
board of any of the following:	13178

(1) A plea of guilty to, or a finding of guilt by a jury or	13179
court of, a felony, or a case in which the trial court issues an	13180
order of dismissal upon technical or procedural grounds of a	13181
felony charge;	13182

(2) A plea of guilty to, or a finding of guilt by a jury or	13183
court of, a misdemeanor committed in the course of practice, or a	13184
case in which the trial court issues an order of dismissal upon	13185
technical or procedural grounds of a charge of a misdemeanor, if	13186
the alleged act was committed in the course of practice;	13187

(3) A plea of guilty to, or a finding of guilt by a jury or	13188
court of, a misdemeanor involving moral turpitude, or a case in	13189
which the trial court issues an order of dismissal upon technical	13190
or procedural grounds of a charge of a misdemeanor involving moral	13191
turpitude.	13192

(C) The report shall include the name and address of the	13193
respiratory care professional or person holding a limited permit,	13194
the nature of the offense for which the action was taken, and the	13195
certified court documents recording the action. The board may	13196
prescribe and provide forms for prosecutors to make reports under	13197
this section. The form may be the same as the form required to be	13198
provided under section 2929.242929.42 of the Revised Code.	13199

Sec. 4973.171.  (A) As used in this section, "felony" has	13200
the same meaning as in section 109.511 of the Revised Code.	13201

(B)(1) The governor shall not appoint or commission a person	13202
as a police officer for a railroad company under division (B) of	13203
section 4973.17 of the Revised Code and shall not appoint or	13204
commission a person as a police officer for a hospital under	13205
division (D) of section 4973.17 of the Revised Code on a permanent	13206
basis, on a temporary basis, for a probationary term, or on other	13207
than a permanent basis if the person previously has been convicted	13208
of or has pleaded guilty to a felony.	13209

(2)(a) The governor shall revoke the appointment or	13210
commission of a person appointed or commissioned as a police	13211
officer for a railroad company or as a police officer for a	13212
hospital under division (B) or (D) of section 4973.17 of the	13213
Revised Code if that person does either of the following:	13214

(i) Pleads guilty to a felony;

13215

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	13216
plea agreement as provided in division (D) of section 2929.29	13217
2929.43 of the Revised Code in which the person agrees to	13218
surrender the certificate awarded to that person under section	13219
109.77 of the Revised Code.	13220

(b) The governor shall suspend the appointment or commission	13221
of a person appointed or commissioned as a police officer for a	13222
railroad company or as a police officer for a hospital under	13223
division (B) or (D) of section 4973.17 of the Revised Code if that	13224
person is convicted, after trial, of a felony. If the person	13225
files an appeal from that conviction and the conviction is upheld	13226
by the highest court to which the appeal is taken or if the person	13227
does not file a timely appeal, the governor shall revoke the	13228
appointment or commission of that person as a police officer for a	13229
railroad company or as a police officer for a hospital. If the	13230
person files an appeal that results in that person's acquittal of	13231
the felony or conviction of a misdemeanor, or in the dismissal of	13232
the felony charge against that person, the governor shall	13233
reinstate the appointment or commission of that person as a police	13234
officer for a railroad company or as a police officer for a	13235
hospital. A person whose appointment or commission is reinstated	13236
under division (B)(2)(b) of this section shall not receive any	13237
back pay unless that person's conviction of the felony was	13238
reversed on appeal, or the felony charge was dismissed, because	13239
the court found insufficient evidence to convict the person of the	13240
felony.	13241

(3) Division (B) of this section does not apply regarding an	13242
offense that was committed prior to January 1, 1997.	13243

(4) The suspension or revocation of the appointment or	13244
commission of a person as a police officer for a railroad company	13245
or as a police officer for a hospital under division (B)(2) of	13246
this section shall be in accordance with Chapter 119. of the	13247
Revised Code.	13248

Sec. 5101.28.  (A) The department of job and family services	13249
shall enter into written agreements with law enforcement agencies	13250
to exchange, obtain, or share information regarding public	13251
assistance recipients to enable the department, county agencies,	13252
and law enforcement agencies to determine whether a recipient or a	13253
member of a recipient's assistance group is either of the	13254
following:	13255

(1) A fugitive felon;

13256

(2) Violating a condition of probation, a community control	13257
sanction, parole, or a post-release control sanction imposed under	13258
state or federal law.	13259

(B) The department and county agencies shall provide	13260
information regarding recipients of public assistance under a	13261
program administered by the state department or a county agency	13262
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	13263
law enforcement agencies on request for the purposes of	13264
investigations, prosecutions, and criminal and civil proceedings	13265
that are within the scope of the law enforcement agencies'	13266
official duties.	13267

(C) Information about a recipient shall be exchanged,	13268
obtained, or shared only if the department, county agency, or law	13269
enforcement agency requesting the information gives sufficient	13270
information to specifically identify the recipient. In addition	13271
to the recipient's name, identifying information may include the	13272
recipient's current or last known address, social security number,	13273
other identifying number, age, gender, physical characteristics,	13274
any information specified in an agreement entered into under	13275
division (A) of this section, or any information considered	13276
appropriate by the department or agency.	13277

(D)(1) The department and its officers and employees are not	13278
liable in damages in a civil action for any injury, death, or loss	13279
to person or property that allegedly arises from the release of	13280
information in accordance with divisions (A), (B), and (C) of this	13281
section. This section does not affect any immunity or defense	13282
that the department and its officers and employees may be entitled	13283
to under another section of the Revised Code or the common law of	13284
this state, including section 9.86 of the Revised Code.	13285

(2) The county agencies and their employees are not liable	13286
in damages in a civil action for any injury, death, or loss to	13287
person or property that allegedly arises from the release of	13288
information in accordance with divisions (A), (B), and (C) of this	13289
section. "Employee" has the same meaning as in division (B) of	13290
section 2744.01 of the Revised Code. This section does not affect	13291
any immunity or defense that the county agencies and their	13292
employees may be entitled to under another section of the Revised	13293
Code or the common law of this state, including section 2744.02	13294
and division (A)(6) of section 2744.03 of the Revised Code.	13295

(E) To the extent permitted by federal law, the department	13296
and county agencies shall provide access to information to the	13297
auditor of state acting pursuant to Chapter 117. or sections	13298
5101.181 and 5101.182 of the Revised Code and to any other	13299
government entity authorized by or federal law to conduct an audit	13300
of or similar activity involving a public assistance program.	13301

(F) The auditor of state shall prepare an annual report on	13302
the outcome of the agreements required under division (A) of this	13303
section. The report shall include the number of fugitive felons	13304
and, probation and parole violators, and violators of community	13305
control sanctions and post-release control sanctions apprehended	13306
during the immediately preceding year as a result of the exchange	13307
of information pursuant to that division. The auditor of state	13308
shall file the report with the governor, the president and	13309
minority leader of the senate, and the speaker and minority leader	13310
of the house of representatives. The state department, county	13311
agencies, and law enforcement agencies shall cooperate with the	13312
auditor of state's office in gathering the information required	13313
under this division.	13314

(G) To the extent permitted by federal law, the department	13315
of job and family services, county departments of job and family	13316
services, and employees of the departments may report to a public	13317
children services agency or other appropriate agency information	13318
on known or suspected physical or mental injury, sexual abuse or	13319
exploitation, or negligent treatment or maltreatment, of a child	13320
receiving public assistance, if circumstances indicate that the	13321
child's health or welfare is threatened.	13322

(H) As used in this section:

13323

(1) "Community control sanction" has the same meaning as in	13324
section 2929.01 of the Revised Code.	13325

(2) "Post-release control sanction" has the same meaning as	13326
in section 2967.01 of the Revised Code.	13327

Sec. 5101.45.  The necessary expenses of such officers and	13328
employees of the state, county, and municipal boards, benevolent	13329
and correctional institutions, officials responsible for the	13330
administration of public funds used for the relief and maintenance	13331
of the poor, officials authorized to administer probation laws on	13332
community control sanctions, and members of the boards of county	13333
visitors as are invited by the department of job and family	13334
services to the conferences provided for in section 5101.44 of the	13335
Revised Code, shall be paid from any fund available for their	13336
respective offices, boards, and institutions, provided they first	13337
procure a certificate from the director of job and family services	13338
as evidence that they were invited to and were in attendance at	13339
the sessions of such conferences.	13340

As used in this section, "community control sanction" has the	13341
same meaning as in section 2929.01 of the Revised Code.	13342

Sec. 5119.14.  (A) As used in this section, "felony" has the	13343
same meaning as in section 109.511 of the Revised Code.	13344

(B)(1) Subject to division (C) of this section, upon the	13345
recommendation of the director of mental health, the managing	13346
officer of an institution under the jurisdiction of the department	13347
of mental health may designate one or more employees to be special	13348
police officers of the department. The special police officers	13349
shall take an oath of office, wear the badge of office, and give	13350
bond for the proper and faithful discharge of their duties in an	13351
amount that the director requires.	13352

(2) In accordance with section 109.77 of the Revised Code,	13353
the special police officers shall be required to complete	13354
successfully a peace officer basic training program approved by	13355
the Ohio peace officer training commission and to be certified by	13356
the commission. The cost of the training shall be paid by the	13357
department of mental health.	13358

(3) Special police officers police officers, on the premises	13359
of institutions under the jurisdiction of the department of mental	13360
health and subject to the rules of the department, shall protect	13361
the property of the institutions and the persons and property of	13362
patients in the institutions, suppress riots, disturbances, and	13363
breaches of the peace, and enforce the laws of the state and the	13364
rules of the department for the preservation of good order. They	13365
may arrest any person without a warrant and detain the person	13366
until a warrant can be obtained under the circumstances described	13367
in division (F) of section 2935.03 of the Revised Code.	13368

(C)(1) The managing officer of an institution under the	13369
jurisdiction of the department of mental health shall not	13370
designate an employee as a special police officer of the	13371
department pursuant to division (B)(1) of this section on a	13372
permanent basis, on a temporary basis, for a probationary term, or	13373
on other than a permanent basis if the employee previously has	13374
been convicted of or has pleaded guilty to a felony.	13375

(2)(a) The managing officer of an institution under the	13376
jurisdiction of the department of mental health shall terminate	13377
the employment as a special police officer of the department of an	13378
employee designated as a special police officer under division	13379
(B)(1) of this section if that employee does either of the	13380
following:	13381

(i) Pleads guilty to a felony;

13382

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	13383
plea agreement as provided in division (D) of section 2929.29	13384
2929.43 of the Revised Code in which the employee agrees to	13385
surrender the certificate awarded to that employee under section	13386
109.77 of the Revised Code.	13387

(b) The managing officer shall suspend from employment as a	13388
special police officer of the department an employee designated as	13389
a special police officer under division (B)(1) of this section if	13390
that employee is convicted, after trial, of a felony. If the	13391
special police officer files an appeal from that conviction and	13392
the conviction is upheld by the highest court to which the appeal	13393
is taken or if the special police officer does not file a timely	13394
appeal, the managing officer shall terminate the employment of	13395
that special police officer. If the special police officer files	13396
an appeal that results in that special police officer's acquittal	13397
of the felony or conviction of a misdemeanor, or in the dismissal	13398
of the felony charge against that special police officer, the	13399
managing officer shall reinstate that special police officer. A	13400
special police officer of the department who is reinstated under	13401
division (C)(2)(b) of this section shall not receive any back pay	13402
unless that special police officer's conviction of the felony was	13403
reversed on appeal, or the felony charge was dismissed, because	13404
the court found insufficient evidence to convict the special	13405
police officer of the felony.	13406

(3) Division (C) of this section does not apply regarding an	13407
offense that was committed prior to January 1, 1997.	13408

(4) The suspension from employment, or the termination of	13409
the employment, of a special police officer under division (C)(2)	13410
of this section shall be in accordance with Chapter 119. of the	13411
Revised Code.	13412

Sec. 5120.10.  (A)(1) The director of rehabilitation and	13413
correction, by rule, shall promulgate minimum standards for jails	13414
in Ohio, including minimum security jails dedicated under section	13415
341.34 or 753.21 of the Revised Code. Whenever the director files	13416
a rule or an amendment to a rule in final form with both the	13417
secretary of state and the director of the legislative service	13418
commission pursuant to section 111.15 of the Revised Code, the	13419
director of rehabilitation and correction promptly shall send a	13420
copy of the rule or amendment, if the rule or amendment pertains	13421
to minimum jail standards, by ordinary mail to the political	13422
subdivisions or affiliations of political subdivisions that	13423
operate jails to which the standards apply.	13424

(2) The rules promulgated in accordance with division (A)(1)	13425
of this section shall serve as criteria for the investigative and	13426
supervisory powers and duties vested by division (D) of this	13427
section in the division of parole and community services of the	13428
department of rehabilitation and correction or in another division	13429
of the department to which those powers and duties are assigned.	13430

(B) The director may initiate an action in the court of	13431
common pleas of the county in which a facility that is subject to	13432
the rules promulgated under division (A)(1) of this section is	13433
situated to enjoin compliance with the minimum standards for jails	13434
or with the minimum standards and minimum renovation,	13435
modification, and construction criteria for minimum security	13436
jails.	13437

(C) Upon the request of an administrator of a jail facility,	13438
the chief executive of a municipal corporation, or a board of	13439
county commissioners, the director of rehabilitation and	13440
correction or the director's designee shall grant a variance from	13441
the minimum standards for jails in Ohio for a facility that is	13442
subject to one of those minimum standards when the director	13443
determines that strict compliance with the minimum standards would	13444
cause unusual, practical difficulties or financial hardship, that	13445
existing or alternative practices meet the intent of the minimum	13446
standards, and that granting a variance would not seriously affect	13447
the security of the facility, the supervision of the inmates, or	13448
the safe, healthful operation of the facility. If the director or	13449
the director's designee denies a variance, the applicant may	13450
appeal the denial pursuant to section 119.12 of the Revised Code.	13451

(D) The following powers and duties shall be exercised by	13452
the division of parole and community services unless assigned to	13453
another division by the director:	13454

(1) The investigation and supervision of county and	13455
municipal jails, workhouses, minimum security jails, and other	13456
correctional institutions and agencies;	13457

(2) The management and supervision of the adult parole	13458
authority created by section 5149.02 of the Revised Code;	13459

(3) The review and approval of proposals for community-based	13460
correctional facilities and programs and district community-based	13461
correctional facilities and programs that are submitted pursuant	13462
to division (B) of section 2301.51 of the Revised Code;	13463

(4) The distribution of funds made available to the division	13464
for purposes of assisting in the renovation, maintenance, and	13465
operation of community-based correctional facilities and programs	13466
and district community-based correctional facilities and programs	13467
in accordance with section 5120.112 of the Revised Code;	13468

(5) The performance of the duty imposed upon the department	13469
of rehabilitation and correction in section 5149.31 of the Revised	13470
Code to establish and administer a program of subsidies to	13471
eligible municipal corporations, counties, and groups of	13472
contiguous counties for the development, implementation, and	13473
operation of community-based corrections programs;	13474

(6) Licensing halfway houses and community residential	13475
centers for the care and treatment of adult offenders in	13476
accordance with section 2967.14 of the Revised Code;	13477

(7) Contracting with a public or private agency or a	13478
department or political subdivision of the state that operates a	13479
licensed halfway house or community residential center for the	13480
provision of housing, supervision, and other services to parolees,	13481
releasees, persons placed under a residential sanction, persons	13482
under transitional control, and probationersother eligible	13483
offenders in accordance with section 2967.14 of the Revised Code.	13484

Other powers and duties may be assigned by the director of	13485
rehabilitation and correction to the division of parole and	13486
community services. This section does not apply to the department	13487
of youth services or its institutions or employees.	13488

Sec. 5120.102.  As used in sections 5120.102 to 5120.105 of	13489
the Revised Code:	13490

(A) "Private, nonprofit organization" means a private	13491
association, organization, corporation, or other entity that is	13492
exempt from federal income taxation under section 501(a) and is	13493
described in section 501(c) of the "Internal Revenue Code of	13494
1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended.	13495

(B) "Governmental agency" means a state agency; a municipal	13496
corporation, county, township, other political subdivision or	13497
special district in this state established by or pursuant to law,	13498
or a combination of those political subdivisions or special	13499
districts; the United States or a department, division, or agency	13500
of the United States; or an agency, commission, or authority	13501
established pursuant to an interstate compact or agreement.	13502

(C) "State agency" means the state or one of its branches,	13503
offices, boards, commissions, authorities, departments, divisions,	13504
or other units or agencies of the state.	13505

(D) "Halfway house organization" means a private, nonprofit	13506
organization or a governmental agency that provides programs or	13507
activities in areas directly concerned with housing and monitoring	13508
offenders who are under the community supervision of the	13509
department of rehabilitation and correction or whom a court places	13510
in a halfway house pursuant to section 2929.16 or2929.26 of the	13511
Revised Code.	13512

(E) "Halfway house facility" means a capital facility in this	13513
state to which all of the following apply:	13514

(1) The construction of the capital facility is authorized	13515
or funded by the general assembly pursuant to division (C) of	13516
section 5120.105 of the Revised Code.	13517

(2) The state owns or has a sufficient real property	13518
interest in the capital facility or in the site of the capital	13519
facility for a period of not less than the greater of the useful	13520
life of the capital facility, as determined by the director of	13521
budget and management using the guidelines for maximum maturities	13522
as provided under divisions (B), (C), and (E) of section 133.20 of	13523
the Revised Code and certified to the department of rehabilitation	13524
and correction and the Ohio building authority, or the final	13525
maturity of obligations issued by the Ohio building authority to	13526
finance the capital facility.	13527

(3) The capital facility is managed directly by, or by	13528
contract with, the department of rehabilitation and correction and	13529
is used for housing offenders who are under the community	13530
supervision of the department of rehabilitation and correction or	13531
whom a court places in a halfway house pursuant to section 2929.16	13532
or2929.26 of the Revised Code.	13533

(F) "Construction" includes acquisition, demolition,	13534
reconstruction, alteration, renovation, remodeling, enlargement,	13535
improvement, site improvements, and related equipping and	13536
furnishing.	13537

(G) "General building services" means general building	13538
services for a halfway house facility that include, but are not	13539
limited to, general custodial care, security, maintenance, repair,	13540
painting, decoration, cleaning, utilities, fire safety, grounds	13541
and site maintenance and upkeep, and plumbing.	13542

(H) "Manage," "operate," or "management" means the provision	13543
of, or the exercise of control over the provision of, activities	13544
that relate to the housing of offenders in correctional	13545
facilities, including, but not limited to, providing for release	13546
services for offenders who are under the community supervision of	13547
the department of rehabilitation and correction or are placed by a	13548
court in a halfway house pursuant to section 2929.16 or2929.26 of	13549
the Revised Code, and who reside in halfway house facilities.	13550

Sec. 5120.103.  (A) To the extent that funds are available,	13551
the department of rehabilitation and correction, in accordance	13552
with this section and sections 5120.104 and 5120.105 of the	13553
Revised Code, may construct or provide for the construction of	13554
halfway house facilities for offenders whom a court places in a	13555
halfway house pursuant to section 2929.16 or2929.26 of the	13556
Revised Code or who are eligible for community supervision by the	13557
department of rehabilitation and correction.	13558

(B) A halfway house organization that seeks to assist in the	13559
program planning of a halfway house facility described in division	13560
(A) of this section shall file an application with the director of	13561
rehabilitation and correction as set forth in a request for	13562
proposal. Upon the submission of an application, the division of	13563
parole and community services shall review it and, if the division	13564
believes it is appropriate, shall submit a recommendation for its	13565
approval to the director. When the division submits a	13566
recommendation for approval of an application, the director may	13567
approve the application. The director shall not take action or	13568
fail to take action, or permit the taking of action or the failure	13569
to take action, with respect to halfway house facilities that	13570
would adversely affect the exclusion of interest on public	13571
obligations or on fractionalized interests in public obligations	13572
from gross income for federal income tax purposes, or the	13573
classification or qualification of the public obligations or the	13574
interest on or fractionalized interests in public obligations for,	13575
or their exemption from, other treatment under the Internal	13576
Revenue Code.	13577

(C) The director of rehabilitation and correction and the	13578
halfway house organization may enter into an agreement	13579
establishing terms for the program planning of the halfway house	13580
facility. Any terms so established shall conform to the terms of	13581
any covenant or agreement pertaining to an obligation from which	13582
the funds used for the construction of the halfway house facility	13583
are derived.	13584

(D) The director of rehabilitation and correction, in	13585
accordance with Chapter 119. of the Revised Code, shall adopt	13586
rules that specify procedures by which a halfway house	13587
organization may apply for a contract for program planning of a	13588
halfway house facility constructed under this section, procedures	13589
for the department to follow in considering an application,	13590
criteria for granting approval of an application, and any other	13591
rules that are necessary for the selection of program planners of	13592
a halfway house facility.	13593

Sec. 5120.56.  (A) As used in this section:

13594

(1) "Ancillary services" means services provided to an	13595
offender as necessary for the particular circumstances of the	13596
offender's personal supervision, including, but not limited to,	13597
specialized counseling, testing, or other services not included in	13598
the calculation of residential or supervision costs.	13599

(2) "Cost debt" means a cost of incarceration or supervision	13600
that may be assessed against and collected from an offender as a	13601
debt to the state as described in division (D) of this section.	13602

(3) "Detention facility" means any place used for the	13603
confinement of a person charged with or convicted of any crime.	13604

(4) "Offender" means any inmate, parolee, probationerperson	13605
placed under a community control sanction, releasee, or other	13606
person who has been convicted of or pleaded guilty to any felony	13607
or misdemeanor and is sentenced to any of the following:	13608

(a) A term of imprisonment, a prison term, a jail term, or	13609
another type of confinement in a detention facility;	13610

(b) Participation in another correctional program in lieu of	13611
incarceration.	13612

(5) "Community control sanction," "prison term," and "jail	13613
term" have the same meanings as in section 2929.01 of the Revised	13614
Code.	13615

(6) "Parolee" and "releasee" have the same meanings as in	13616
section 2967.01 of the Revised Code.	13617

(B) The department of rehabilitation and correction may	13618
recover from an offender who is in its custody or under its	13619
supervision any cost debt described in division (D) of this	13620
section. To satisfy a cost debt described in that division that	13621
relates to an offender, the department may apply directly assets	13622
that are in the department's possession and that are being held	13623
for that offender without further proceedings in aid of execution,	13624
and, if assets belonging to or subject to the direction of that	13625
offender are in the possession of a third party, the department	13626
may request the attorney general to initiate proceedings to	13627
collect the assets from the third party to satisfy the cost debt.	13628

(C) Except as otherwise provided in division (E) or (G) of	13629
this section, all of the following assets of an offender shall be	13630
subject to attachment, collection, or application toward the cost	13631
debts described in division (D) of this section that are to be	13632
recovered under division (B) of this section:	13633

(1) Subject to division (E) of this section, any pay the	13634
offender receives from the state;	13635

(2) Subject to division (E) of this section, any funds the	13636
offender receives from persons on an approved visitor list;	13637

(3) Any liquid assets belonging to the offender and in the	13638
custody of the department of rehabilitation and correction;	13639

(4) Any assets the offender acquires or any other income the	13640
offender earns subsequent to the offender's commitment.	13641

(D) Costs of incarceration or supervision that may be	13642
assessed against and collected from an offender under division (B)	13643
of this section as a debt to the state shall include, but are not	13644
limited to, all of the following costs that accrue while the	13645
offender is in the custody or under the supervision of the	13646
department of rehabilitation and correction:	13647

(1) Any user fee or copayment for services at a detention	13648
facility or housing facility, including, but not limited to, a fee	13649
or copayment for sick call visits;	13650

(2) Assessment for damage to or destruction of property in a	13651
detention facility subsequent to commitment;	13652

(3) Restitution to an offender or to a staff member of a	13653
state correctional institution for theft, loss, or damage to the	13654
personal property of the offender or staff member;	13655

(4) The cost of housing and feeding the offender in a	13656
detention facility;	13657

(5) The cost of supervision of the offender;

13658

(6) The cost of any ancillary services provided to the	13659
offender.	13660

(E) The cost of housing and feeding an offender in a state	13661
correctional institution shall not be collected from a payment	13662
made to the offender for performing an activity at a state job or	13663
assignment that pays less than the minimum wage or from money the	13664
offender receives from visitors, unless the combined assets in the	13665
offender's institution personal account exceed, at any time, one	13666
hundred dollars. If the combined assets in that account exceed	13667
one hundred dollars, the cost of housing and feeding the offender	13668
may be collected from the amount in excess of one hundred dollars.	13669

(F)(1) The department of rehabilitation and correction shall	13670
adopt rules pursuant to section 111.15 of the Revised Code to	13671
implement the requirements of this section.	13672

(2) The rules adopted under division (F)(1) of this section	13673
shall include, but are not limited to, rules that establish or	13674
contain all of the following:	13675

(a) A process for ascertaining the items of cost to be	13676
assessed against an offender;	13677

(b) Subject to division (F)(3) of this section, a process by	13678
which the offender shall have the opportunity to respond to the	13679
assessment of costs under division (B) of this section and to	13680
contest any item of cost in the department's calculation or as it	13681
applies to the offender;	13682

(c) A requirement that the offender be notified, in writing,	13683
of a final decision to collect or apply the offender's assets	13684
under division (B) of this section and that the notification be	13685
provided after the offender has had an opportunity to contest the	13686
application or collection;	13687

(d) Criteria for evaluating an offender's ongoing, permanent	13688
injury and evaluating the ability of that type of offender to	13689
provide for the offender after incarceration.	13690

(3) The rules adopted under division (F)(1) of this section	13691
may allow the collection of a cost debt as a flat fee or over time	13692
in installments. If the cost debt is to be collected over time in	13693
installments, the rules are not required to permit the offender an	13694
opportunity to contest the assessment of each installment. The	13695
rules may establish a standard fee to apply to all offenders who	13696
receive a particular service.	13697

(G) The department of rehabilitation and correction shall	13698
not collect cost debts or apply offender assets toward a cost debt	13699
under division (B) of this section if, due to an ongoing,	13700
permanent injury, the collection or application would unjustly	13701
limit the offender's ability to provide for the offender after	13702
incarceration.	13703

(H) If an offender acquires assets after the offender is	13704
convicted of or pleads guilty to an offense and if the transferor	13705
knows of the offender's status as an offender, the transferor	13706
shall notify the department of rehabilitation and correction in	13707
advance of the transfer.	13708

(I) There is hereby created in the state treasury the	13709
offender financial responsibility fund. All moneys collected by	13710
or on behalf of the department under this section, and all moneys	13711
currently in the department's custody that are applied to satisfy	13712
an allowable cost debt under this section, shall be deposited into	13713
the fund. The department of rehabilitation and correction may	13714
expend moneys in the fund for goods and services of the same type	13715
as those for which offenders are assessed pursuant to this	13716
section.	13717

Sec. 5122.01.  As used in this chapter and Chapter 5119. of	13718
the Revised Code:	13719

(A) "Mental illness" means a substantial disorder of thought,	13720
mood, perception, orientation, or memory that grossly impairs	13721
judgment, behavior, capacity to recognize reality, or ability to	13722
meet the ordinary demands of life.	13723

(B) "Mentally ill person subject to hospitalization by court	13724
order" means a mentally ill person who, because of the person's	13725
illness:	13726

(1) Represents a substantial risk of physical harm to self	13727
as manifested by evidence of threats of, or attempts at, suicide	13728
or serious self-inflicted bodily harm;	13729

(2) Represents a substantial risk of physical harm to others	13730
as manifested by evidence of recent homicidal or other violent	13731
behavior, evidence of recent threats that place another in	13732
reasonable fear of violent behavior and serious physical harm, or	13733
other evidence of present dangerousness;	13734

(3) Represents a substantial and immediate risk of serious	13735
physical impairment or injury to self as manifested by evidence	13736
that the person is unable to provide for and is not providing for	13737
the person's basic physical needs because of the person's mental	13738
illness and that appropriate provision for those needs cannot be	13739
made immediately available in the community; or	13740

(4) Would benefit from treatment in a hospital for histhe	13741
person's mental illness and is in need of such treatment as	13742
manifested by evidence of behavior that creates a grave and	13743
imminent risk to substantial rights of others or himselfthe	13744
person.	13745

(C)(1) "Patient" means, subject to division (C)(2) of this	13746
section, a person who is admitted either voluntarily or	13747
involuntarily to a hospital or other place under section 2945.39,	13748
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	13749
finding of not guilty by reason of insanity or incompetence to	13750
stand trial or under this chapter, who is under observation or	13751
receiving treatment in such place.	13752

(2) "Patient" does not include a person admitted to a	13753
hospital or other place under section 2945.39, 2945.40, 2945.401,	13754
or 2945.402 of the Revised Code to the extent that the reference	13755
in this chapter to patient, or the context in which the reference	13756
occurs, is in conflict with any provision of sections 2945.37 to	13757
2945.402 of the Revised Code.	13758

(D) "Licensed physician" means a person licensed under the	13759
laws of this state to practice medicine or a medical officer of	13760
the government of the United States while in this state in the	13761
performance of the person's official duties.	13762

(E) "Psychiatrist" means a licensed physician who has	13763
satisfactorily completed a residency training program in	13764
psychiatry, as approved by the residency review committee of the	13765
American medical association, the committee on post-graduate	13766
education of the American osteopathic association, or the American	13767
osteopathic board of neurology and psychiatry, or who on July 1,	13768
1989, has been recognized as a psychiatrist by the Ohio state	13769
medical association or the Ohio osteopathic association on the	13770
basis of formal training and five or more years of medical	13771
practice limited to psychiatry.	13772

(F) "Hospital" means a hospital or inpatient unit licensed by	13773
the department of mental health under section 5119.20 of the	13774
Revised Code, and any institution, hospital, or other place	13775
established, controlled, or supervised by the department under	13776
Chapter 5119. of the Revised Code.	13777

(G) "Public hospital" means a facility that is tax-supported	13778
and under the jurisdiction of the department of mental health.	13779

(H) "Community mental health agency" means any agency,	13780
program, or facility with which a board of alcohol, drug	13781
addiction, and mental health services contracts to provide the	13782
mental health services listed in section 340.09 of the Revised	13783
Code.	13784

(I) "Licensed clinical psychologist" means a person who holds	13785
a current valid psychologist license issued under section 4732.12	13786
or 4732.15 of the Revised Code, and in addition, meets either of	13787
the following criteria:	13788

(1) Meets the educational requirements set forth in division	13789
(B) of section 4732.10 of the Revised Code and has a minimum of	13790
two years' full-time professional experience, or the equivalent as	13791
determined by rule of the state board of psychology, at least one	13792
year of which shall be post-doctoral, in clinical psychological	13793
work in a public or private hospital or clinic or in private	13794
practice, diagnosing and treating problems of mental illness or	13795
mental retardation under the supervision of a psychologist who is	13796
licensed or who holds a diploma issued by the American board of	13797
professional psychology, or whose qualifications are substantially	13798
similar to those required for licensure by the state board of	13799
psychology when the supervision has occurred prior to enactment of	13800
laws governing the practice of psychology;	13801

(2) Meets the educational requirements set forth in division	13802
(B) of section 4732.15 of the Revised Code and has a minimum of	13803
four years' full-time professional experience, or the equivalent	13804
as determined by rule of the state board of psychology, in	13805
clinical psychological work in a public or private hospital or	13806
clinic or in private practice, diagnosing and treating problems of	13807
mental illness or mental retardation under supervision, as set	13808
forth in division (I)(1) of this section.	13809

(J) "Health officer" means any public health physician;	13810
public health nurse; or other person authorized by or designated	13811
by a city health district; a general health district; or a board	13812
of alcohol, drug addiction, and mental health services to perform	13813
the duties of a health officer under this chapter.	13814

(K) "Chief clinical officer" means the medical director of a	13815
hospital, or a community mental health agency, or a board of	13816
alcohol, drug addiction, and mental health services, or, if there	13817
is no medical director, the licensed physician responsible for the	13818
treatment a hospital or community mental health agency provides.	13819
The chief clinical officer may delegate to the attending physician	13820
responsible for a patient's care the duties imposed on the chief	13821
clinical officer by this chapter. Within a community mental	13822
health agency, the chief clinical officer shall be designated by	13823
the governing body of the agency and shall be a licensed physician	13824
or licensed clinical psychologist who supervises diagnostic and	13825
treatment services. A licensed physician or licensed clinical	13826
psychologist designated by the chief clinical officer may perform	13827
the duties and accept the responsibilities of the chief clinical	13828
officer in histhe chief clinical officer's absence.	13829

(L) "Working day" or "court day" means Monday, Tuesday,	13830
Wednesday, Thursday, and Friday, except when such day is a	13831
holiday.	13832

(M) "Indigent" means unable without deprivation of	13833
satisfaction of basic needs to provide for the payment of an	13834
attorney and other necessary expenses of legal representation,	13835
including expert testimony.	13836

(N) "Respondent" means the person whose detention,	13837
commitment, hospitalization, continued hospitalization or	13838
commitment, or discharge is being sought in any proceeding under	13839
this chapter.	13840

(O) "Legal rights service" means the service established	13841
under section 5123.60 of the Revised Code.	13842

(P) "Independent expert evaluation" means an evaluation	13843
conducted by a licensed clinical psychologist, psychiatrist, or	13844
licensed physician who has been selected by the respondent or his	13845
the respondent's counsel and who consents to conducting the	13846
evaluation.	13847

(Q) "Court" means the probate division of the court of common	13848
pleas.	13849

(R) "Expunge" means:

13850

(1) The removal and destruction of court files and records,	13851
originals and copies, and the deletion of all index references;	13852

(2) The reporting to the person of the nature and extent of	13853
any information about himthe person transmitted to any other	13854
person by the court;	13855

(3) Otherwise insuring that any examination of court files	13856
and records in question shall show no record whatever with respect	13857
to the person;	13858

(4) That all rights and privileges are restored, and that	13859
the person, the court, and any other person may properly reply	13860
that no such record exists, as to any matter expunged.	13861

(S) "Residence" means a person's physical presence in a	13862
county with intent to remain there, except that:	13863

(1) If a person is receiving a mental health service at a	13864
facility that includes nighttime sleeping accommodations,	13865
residence means that county in which the person maintained histhe	13866
person's primary place of residence at the time hethe person	13867
entered the facility;	13868

(2) If a person is committed pursuant to section 2945.38,	13869
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	13870
residence means the county where the criminal charges were filed.	13871

When the residence of a person is disputed, the matter of	13872
residence shall be referred to the department of mental health for	13873
investigation and determination. Residence shall not be a basis	13874
for a board's denying services to any person present in the	13875
board's service district, and the board shall provide services for	13876
a person whose residence is in dispute while residence is being	13877
determined and for a person in an emergency situation.	13878

(T) "Admission" to a hospital or other place means that a	13879
patient is accepted for and stays at least one night at the	13880
hospital or other place.	13881

(U) "Prosecutor" means the prosecuting attorney, village	13882
solicitor, city director of law, or similar chief legal officer	13883
who prosecuted a criminal case in which a person was found not	13884
guilty by reason of insanity, who would have had the authority to	13885
prosecute a criminal case against a person if the person had not	13886
been found incompetent to stand trial, or who prosecuted a case in	13887
which a person was found guilty.	13888

(V) "Treatment plan" means a written statement of reasonable	13889
objectives and goals for an individual established by the	13890
treatment team, with specific criteria to evaluate progress	13891
towards achieving those objectives. The active participation of	13892
the patient in establishing the objectives and goals shall be	13893
documented. The treatment plan shall be based on patient needs	13894
and include services to be provided to the patient while hethe	13895
patient is hospitalized and after hethe patient is discharged.	13896
The treatment plan shall address services to be provided upon	13897
discharge, including but not limited to housing, financial, and	13898
vocational services.	13899

(W)"Community control sanction" has the same meaning as in	13900
section 2929.01 of the Revised Code.	13901

(X) "Post-release control sanction" has the same meaning as	13902
in section 2967.01 of the Revised Code.	13903

Sec. 5122.10.  Any psychiatrist, licensed clinical	13904
psychologist, licensed physician, health officer, parole officer,	13905
police officer, or sheriff may take a person into custody, or the	13906
chief of the adult parole authority or a parole or probation	13907
officer with the approval of the chief of the authority may take a	13908
parolee, probationer,an offender onunder a community control	13909
sanction or a post-release control sanction, or an offender under	13910
transitional control into custody and may immediately transport	13911
the parolee, probationer, offender on community control or	13912
post-release control, or offender under transitional control to a	13913
hospital or, notwithstanding section 5119.20 of the Revised Code,	13914
to a general hospital not licensed by the department of mental	13915
health where the parolee, probationer, offender on community	13916
control or post-release control, or offender under transitional	13917
control may be held for the period prescribed in this section, if	13918
the psychiatrist, licensed clinical psychologist, licensed	13919
physician, health officer, parole officer, police officer, or	13920
sheriff has reason to believe that the person is a mentally ill	13921
person subject to hospitalization by court order under division	13922
(B) of section 5122.01 of the Revised Code, and represents a	13923
substantial risk of physical harm to self or others if allowed to	13924
remain at liberty pending examination.	13925

A written statement shall be given to such hospital by the	13926
transporting psychiatrist, licensed clinical psychologist,	13927
licensed physician, health officer, parole officer, police	13928
officer, chief of the adult parole authority, parole or probation	13929
officer, or sheriff stating the circumstances under which such	13930
person was taken into custody and the reasons for the	13931
psychiatrist's, licensed clinical psychologist's, licensed	13932
physician's, health officer's, parole officer's, police officer's,	13933
chief of the adult parole authority's, parole or probation	13934
officer's, or sheriff's belief. This statement shall be made	13935
available to the respondent or the respondent's attorney upon	13936
request of either.	13937

Every reasonable and appropriate effort shall be made to take	13938
persons into custody in the least conspicuous manner possible. A	13939
person taking the respondent into custody pursuant to this section	13940
shall explain to the respondent: the name, professional	13941
designation, and agency affiliation of the person taking the	13942
respondent into custody; that the custody-taking is not a criminal	13943
arrest; and that the person is being taken for examination by	13944
mental health professionals at a specified mental health facility	13945
identified by name.	13946

If a person taken into custody under this section is	13947
transported to a general hospital, the general hospital may admit	13948
the person, or provide care and treatment for the person, or both,	13949
notwithstanding section 5119.20 of the Revised Code, but by the	13950
end of twenty-four hours after arrival at the general hospital,	13951
the person shall be transferred to a hospital as defined in	13952
section 5122.01 of the Revised Code.	13953

A person transported or transferred to a hospital or	13954
community mental health agency under this section shall be	13955
examined by the staff of the hospital or agency within twenty-four	13956
hours after arrival at the hospital or agency. If to conduct the	13957
examination requires that the person remain overnight, the	13958
hospital or agency shall admit the person in an unclassified	13959
status until making a disposition under this section. After the	13960
examination, if the chief clinical officer of the hospital or	13961
agency believes that the person is not a mentally ill person	13962
subject to hospitalization by court order, the chief clinical	13963
officer shall release or discharge the person immediately unless a	13964
court has issued a temporary order of detention applicable to the	13965
person under section 5122.11 of the Revised Code. After the	13966
examination, if the chief clinical officer believes that the	13967
person is a mentally ill person subject to hospitalization by	13968
court order, the chief clinical officer may detain the person for	13969
not more than three court days following the day of the	13970
examination and during such period admit the person as a voluntary	13971
patient under section 5122.02 of the Revised Code or file an	13972
affidavit under section 5122.11 of the Revised Code. If neither	13973
action is taken and a court has not otherwise issued a temporary	13974
order of detention applicable to the person under section 5122.11	13975
of the Revised Code, the chief clinical officer shall discharge	13976
the person at the end of the three-day period unless the person	13977
has been sentenced to the department of rehabilitation and	13978
correction and has not been released from the person's sentence,	13979
in which case the person shall be returned to that department.	13980

Sec. 5122.21.  (A) The chief clinical officer shall as	13981
frequently as practicable, and at least once every thirty days,	13982
examine or cause to be examined every patient, and, whenever the	13983
chief clinical officer determines that the conditions justifying	13984
involuntary hospitalization or commitment no longer obtain, shall,	13985
except as provided in division (C) of this section, discharge the	13986
patient not under indictment or conviction for crime and	13987
immediately make a report of the discharge to the department of	13988
mental health. The chief clinical officer may discharge a patient	13989
who is under an indictment, a sentence of imprisonment, a	13990
community control sanction, or a post-release control sanction or	13991
on probation or parole ten days after written notice of intent to	13992
discharge the patient has been given by personal service or	13993
certified mail, return receipt requested, to the court having	13994
criminal jurisdiction over the patient. Except when the patient	13995
was found not guilty by reason of insanity and histhe defendant's	13996
commitment is pursuant to section 2945.40 of the Revised Code, the	13997
chief clinical officer has final authority to discharge a patient	13998
who is under an indictment, a sentence of imprisonment, a	13999
community control sanction, or a post-release control sanction or	14000
on probation or parole.	14001

(B) After a finding pursuant to section 5122.15 of the	14002
Revised Code that a person is a mentally ill person subject to	14003
hospitalization by court order, the chief clinical officer of the	14004
hospital or agency to which the person is ordered or to which the	14005
person is transferred under section 5122.20 of the Revised Code,	14006
may, except as provided in division (C) of this section, grant a	14007
discharge without the consent or authorization of any court.	14008

Upon discharge, the chief clinical officer shall notify the	14009
court that caused the judicial hospitalization of the discharge	14010
from the hospital.	14011

Sec. 5122.26.  (A) If a patient is absent without leave, on	14012
a verbal or written order issued within five days of the time of	14013
the unauthorized absence by the department of mental health, the	14014
chief clinical officer of the hospital from which the patient is	14015
absent without leave, or the court of either the county from which	14016
the patient was committed or in which the patient is found, any	14017
health or police officer or sheriff may take the patient into	14018
custody and transport the patient to the hospital in which the	14019
patient was hospitalized or to a place that is designated in the	14020
order. The officer immediately shall report such fact to the	14021
agency that issued the order.	14022

The chief clinical officer of a hospital may discharge a	14023
patient who is under an indictment, a sentence of imprisonment, a	14024
community control sanction, or a post-release control sanction or	14025
on probation or parole and who has been absent without leave for	14026
more than thirty days, but shall give written notice of the	14027
discharge to the court with criminal jurisdiction over the	14028
patient. The chief clinical officer of a hospital may discharge	14029
any other patient who has been absent without leave for more than	14030
fourteen days.	14031

The chief clinical officer shall take all proper measures for	14032
the apprehension of an escaped patient. The expense of the return	14033
of an escaped patient shall be borne by the hospital where the	14034
patient is hospitalized.	14035

(B)(1) Subject to division (B)(2) of this section, no	14036
patient hospitalized under Chapter 5122. of the Revised Code whose	14037
absence without leave was caused or contributed to by histhe	14038
patient's mental illness shall be subject to a charge of escape.	14039

(2) Division (B)(1) of this section does not apply to any	14040
person who was hospitalized, institutionalized, or confined in a	14041
facility under an order made pursuant to or under authority of	14042
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	14043
2945.402 of the Revised Code and who escapes from the facility,	14044
from confinement in a vehicle for transportation to or from the	14045
facility, or from supervision by an employee of the facility that	14046
is incidental to hospitalization, institutionalization, or	14047
confinement in the facility and that occurs outside the facility,	14048
in violation of section 2921.34 of the Revised Code.	14049

Sec. 5123.13.  (A) As used in this section, "felony" has the	14050
same meaning as in section 109.511 of the Revised Code.	14051

(B)(1) Subject to division (C) of this section, upon the	14052
recommendation of the director of mental retardation and	14053
developmental disabilities, the managing officer of an institution	14054
under the jurisdiction of the department of mental retardation and	14055
developmental disabilities may designate one or more employees to	14056
be special police officers of the department. The special police	14057
officers shall take an oath of office, wear the badge of office,	14058
and give bond for the proper and faithful discharge of their	14059
duties in an amount that the director requires.	14060

(2) In accordance with section 109.77 of the Revised Code,	14061
the special police officers shall be required to complete	14062
successfully a peace officer basic training program approved by	14063
the Ohio peace officer training commission and to be certified by	14064
the commission. The cost of the training shall be paid by the	14065
department of mental retardation and developmental disabilities.	14066

(3) Special police officers, on the premises of institutions	14067
under the jurisdiction of the department of mental retardation and	14068
developmental disabilities and subject to the rules of the	14069
department, shall protect the property of the institutions and the	14070
persons and property of patients in the institutions, suppress	14071
riots, disturbances, and breaches of the peace, and enforce the	14072
laws of the state and the rules of the department for the	14073
preservation of good order. They may arrest any person without a	14074
warrant and detain the person until a warrant can be obtained	14075
under the circumstances described in division (F) of section	14076
2935.03 of the Revised Code.	14077

(C)(1) The managing officer of an institution under the	14078
jurisdiction of the department of mental retardation and	14079
developmental disabilities shall not designate an employee as a	14080
special police officer of the department pursuant to division	14081
(B)(1) of this section on a permanent basis, on a temporary basis,	14082
for a probationary term, or on other than a permanent basis if the	14083
employee previously has been convicted of or has pleaded guilty to	14084
a felony.	14085

(2)(a) The managing officer of an institution under the	14086
jurisdiction of the department of mental retardation and	14087
developmental disabilities shall terminate the employment as a	14088
special police officer of the department of an employee designated	14089
as a special police officer under division (B)(1) of this section	14090
if that employee does either of the following:	14091

(i) Pleads guilty to a felony;

14092

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14093
plea agreement as provided in division (D) of section 2929.29	14094
2929.43 of the Revised Code in which the employee agrees to	14095
surrender the certificate awarded to that employee under section	14096
109.77 of the Revised Code.	14097

(b) The managing officer shall suspend from employment as a	14098
special police officer of the department an employee designated as	14099
a special police officer under division (B)(1) of this section if	14100
that employee is convicted, after trial, of a felony. If the	14101
special police officer files an appeal from that conviction and	14102
the conviction is upheld by the highest court to which the appeal	14103
is taken or if the special police officer does not file a timely	14104
appeal, the managing officer shall terminate the employment of	14105
that special police officer. If the special police officer files	14106
an appeal that results in that special police officer's acquittal	14107
of the felony or conviction of a misdemeanor, or in the dismissal	14108
of the felony charge against that special police officer, the	14109
managing officer shall reinstate that special police officer. A	14110
special police officer of the department who is reinstated under	14111
division (C)(2)(b) of this section shall not receive any back pay	14112
unless that special police officer's conviction of the felony was	14113
reversed on appeal, or the felony charge was dismissed, because	14114
the court found insufficient evidence to convict the special	14115
police officer of the felony.	14116

(3) Division (C) of this section does not apply regarding an	14117
offense that was committed prior to January 1, 1997.	14118

(4) The suspension from employment, or the termination of	14119
the employment, of a special police officer under division (C)(2)	14120
of this section shall be in accordance with Chapter 119. of the	14121
Revised Code.	14122

Sec. 5147.12.  The labor or time of any person confined in	14123
any workhouse or jail shall not be let, farmed out, given, sold,	14124
or contracted to any person. Work performed under a work-release	14125
program authorized under section 5147.28 of the Revised Code is	14126
not in violation of this section.	14127

This section does not apply to any person serving a periodic	14128
sentence under division (A)(3)(B) of section 2929.512929.26 of	14129
the Revised Code, insofar as that person is engaged between	14130
periods of confinement in the person's regular trade or occupation	14131
for the support of the person or the person's family. This	14132
section does not apply to prisoners participating in a county jail	14133
industry program established under section 5147.30 of the Revised	14134
Code.	14135

Sec. 5147.30.  (A) As used in this section, "prisoner" means	14136
any person confined in the county jail in lieu of bail while	14137
awaiting trial, any person committed to jail for nonpayment of a	14138
fine, or any person sentenced by a court to the jail.	14139

(B) A board of county commissioners, by resolution adopted	14140
by a majority vote of its members, may approve the establishment	14141
of a county jail industry program for its county in accordance	14142
with this section.	14143

(C) Upon the adoption by the board of the resolution	14144
described in division (B) of this section, a jail industry board	14145
shall be established, consisting of three voting members appointed	14146
by the board of county commissioners, three voting members	14147
appointed by the county sheriff, and one voting member appointed	14148
jointly by the board of county commissioners and the county	14149
sheriff. One of these voting members shall have knowledge of and	14150
experience in the social services, one in the field of labor, one	14151
in law enforcement, and one in business. The initial appointments	14152
to the jail industry board shall be made on the same date. Of the	14153
initial appointments, one by the board of county commissioners and	14154
one by the county sheriff shall be for terms ending one year after	14155
the date of appointment, two by the board of county commissioners	14156
and two by the county sheriff shall be for terms ending two years	14157
after that date, and the joint appointment shall be for a term	14158
ending three years after that date. Thereafter, terms of office	14159
for all appointed members shall be for three years, with each term	14160
ending on the same day of the same month as did the term that it	14161
succeeds. Any vacancy on the board shall be filled in the same	14162
manner as the original appointment. Any member appointed to fill	14163
a vacancy occurring prior to the expiration date of the term for	14164
which the member's predecessor was appointed shall hold office as	14165
a member for the remainder of that term. Any member shall	14166
continue in office subsequent to the expiration date of the	14167
member's term until the member's successor takes office, or until	14168
a period of sixty days has elapsed, whichever occurs first.	14169

The jail industry board, by majority vote, may appoint	14170
additional persons to serve as nonvoting members of the board.	14171

Each member of the jail industry board shall be reimbursed	14172
for expenses actually and necessarily incurred in the performance	14173
of the member's duties as a board member. The board of county	14174
commissioners, by resolution, shall approve the expenses to be	14175
reimbursed.	14176

(D) A jail industry board established under division (C) of	14177
this section shall establish a program for the employment of as	14178
many prisoners as possible, except those unable to perform labor	14179
because of illness or other health problems, security	14180
requirements, routine processing, disciplinary action, or other	14181
reasonable circumstances or because they are engaged in education	14182
or vocational or other training. The employment may be in jail	14183
manufacturing and service industries and agriculture, in private	14184
industry or agriculture that is located within or outside the	14185
jail, in public works, in institutional jobs necessary for the	14186
proper maintenance and operation of the jail, or in any other	14187
appropriate form of labor. The county shall attempt to employ,	14188
provide employment for, and seek employment for as many prisoners	14189
as possible through the program. The county is not required to	14190
provide employment for every employable prisoner when the	14191
available funds, facilities, or jobs are insufficient to provide	14192
the employment; however, a county that has a county jail industry	14193
program shall continuously seek sources of employment for as many	14194
employable prisoners as possible.	14195

(E) The jail industry program established under division (D)	14196
of this section shall do all of the following:	14197

(1) Establish a system for assigning prisoners to perform	14198
jobs, for periodically evaluating the job performance of each	14199
prisoner, and for periodically evaluating the qualifications of	14200
each prisoner for other jobs;	14201

(2) Attempt to provide jobs and job training for prisoners	14202
that will be useful to them in obtaining employment when released,	14203
except that institutional jobs at the jail need not be related to	14204
any previous employment of the prisoner or relevant to any job the	14205
prisoner intends to pursue after release from jail;	14206

(3) Establish an accounting system to administer and	14207
allocate the earnings of each prisoner. The accounting system may	14208
permit earnings to be used for payment of the employee taxes and	14209
workers' compensation of the prisoner, for reimbursing the county	14210
for room and board and for the expense of providing employment to	14211
the prisoner, for restitution to the victims of the prisoner's	14212
offenses if the prisoner voluntarily requests or is under court	14213
order to make restitution payments, for fines and court costs, for	14214
support of the dependents of the prisoner, and for an account for	14215
the prisoner.	14216

(4) Require all persons who employ prisoners to meet all	14217
applicable work safety standards.	14218

(F) The jail industry board, with the approval of the county	14219
sheriff, shall adopt rules for the establishment and	14220
administration of the jail industry program. The rules shall	14221
provide for all of the following:	14222

(1) A procedure for seeking the employment of prisoners in	14223
penal industries and agriculture, in private industry and	14224
agriculture located within or outside the county jail, in public	14225
works, in institutional jobs necessary for the proper maintenance	14226
or operation of the county's institutions, and in other	14227
appropriate forms of labor;	14228

(2) A system of compensation, allowances, hours, conditions	14229
of employment, and advancement for prisoners employed in any form	14230
of labor;	14231

(3) The regulation of the working conditions of prisoners	14232
employed in any form of labor;	14233

(4) An accounting system for the allocation of the earnings	14234
of each prisoner;	14235

(5) Any other rules on any subject that are necessary to	14236
administer the program or to provide employment for as many	14237
prisoners as possible.	14238

(G) In establishing and administering a county jail industry	14239
program, the board of county commissioners, upon the	14240
recommendation of the jail industry board and the county sheriff	14241
may do any of the following:	14242

(1) Enter into contracts with private industry, agriculture,	14243
and other organizations or persons, and receive grants to	14244
establish test work programs within or outside institutions under	14245
the control of the county;	14246

(2) Enter into contracts with private industry for the	14247
establishment of manufacturing and service industries within or	14248
near institutions under the control of the county for the	14249
employment of prisoners;	14250

(3) Enter into contracts with private industry, agriculture,	14251
and other organizations or persons to provide employment for	14252
prisoners;	14253

(4) Enter into any other contracts or perform any other	14254
functions that are necessary for the county jail industry program.	14255

(H) The jail industry program established under division (D)	14256
of this section shall be administered in accordance with any rules	14257
adopted by the jail industry board pursuant to division (F) of	14258
this section and with the following requirements:	14259

(1) The county sheriff at all times shall be responsible for	14260
the security and discipline of the prisoners in the program. the	14261
sheriff shall adopt a procedure for the discipline of a prisoner	14262
who violates the requirements of a job in the program, and the	14263
sheriff may remove a prisoner from the program if the sheriff	14264
determines that considerations of security or discipline require	14265
it.	14266

(2) When the sentence imposed on a prisoner includes a	14267
specification pursuant to division (F)(E) of section 2929.21	14268
2929.24 of the Revised Code, authorizing the county sheriff to	14269
consider the prisoner for participation in the county jail	14270
industry program, the sheriff shall review the qualifications of	14271
the prisoner and determine whether the prisoner's participation in	14272
the program is appropriate.	14273

(3) When making the initial job assignment for a prisoner	14274
whom the county sheriff has approved for participation in the	14275
program, the board shall consider the nature of the offense	14276
committed by the prisoner, the availability of employment, the	14277
security requirements of the prisoner, the prisoner's present	14278
state of mind, the prisoner's jail record, and all other relevant	14279
factors. When making the initial job assignment of a prisoner,	14280
the board shall attempt to develop the work skills of the	14281
prisoner, provide the prisoner rehabilitation, consider the	14282
proximity of the job to the prisoner's family, and permit the	14283
prisoner to provide support for the prisoner's dependents if the	14284
prisoner's earnings are sufficient to make that feasible.	14285

(4) Each prisoner shall be required to perform	14286
satisfactorily the job to which the prisoner is assigned, be	14287
permitted to be absent from that job only for legitimate reasons,	14288
be required to comply with all security requirements, and be	14289
required to comply with any other reasonable job performance	14290
standards.	14291

(5) A prisoner who violates the work requirements of any job	14292
shall be disciplined pursuant to the disciplinary procedure	14293
adopted by the county sheriff pursuant to division (H)(1) of this	14294
section.	14295

Sec. 5149.03.  (A) The adult parole authority shall	14296
administer Chapter 5149. and the provisions of Chapter 2967.,	14297
Chapter 2971., and sections 2301.27 to 2301.32, 2941.46, 2951.05,	14298
2951.06, and 2951.08 of the Revised Code that impose duties upon	14299
the authority.	14300

The authority may enter into a written agreement with a	14301
person or government entity to share information, personnel, and	14302
services for one or more of the following purposes: training,	14303
crime interdiction, fugitive apprehension, and community	14304
supervision. The agreement may permit the authority to act in	14305
concert with and provide assistance to a law enforcement agency,	14306
as defined in section 5101.26 of the Revised Code, in detecting,	14307
tracking, apprehending, or detaining an individual subject to	14308
arrest.	14309

(B)(1) As used in division (B) of this section:

14310

(a) "Ohio prisoner" has the same meaning as in section	14311
5120.64 of the Revised Code.	14312

(b) "Out-of-state prisoner" and "private contractor" have	14313
the same meanings as in section 9.07 of the Revised Code.	14314

(2) The adult parole authority, in order to discharge its	14315
duties under Chapters 2967. and 5149. of the Revised Code, may	14316
enter into a contract with a private person or entity for the	14317
return of Ohio prisoners who are the responsibility of the	14318
department of rehabilitation and correction from outside of this	14319
state to a location in this state specified by the adult parole	14320
authority. If the adult parole authority enters into a contract	14321
as described in this division, subject to division (B)(3) of this	14322
section, the private person or entity in accordance with the	14323
contract may return Ohio prisoners from outside of this state to	14324
locations in this state specified by the adult parole authority. A	14325
contract entered into under this division shall include all of the	14326
following:	14327

(a) Specific provisions that assign the responsibility for	14328
costs related to medical care of prisoners while they are being	14329
returned that is not covered by insurance of the private person or	14330
entity;	14331

(b) Specific provisions that set forth the number of days,	14332
not exceeding ten, within which the private person or entity,	14333
after it receives the prisoner in the other state, must deliver	14334
the prisoner to the location in this state specified by the adult	14335
parole authority, subject to the exceptions adopted as described	14336
in division (B)(2)(c) of this section;	14337

(c) Any exceptions to the specified number of days for	14338
delivery specified as described in division (B)(2)(b) of this	14339
section;	14340

(d) A requirement that the private person or entity	14341
immediately report all escapes of prisoners who are being returned	14342
to this state, and the apprehension of all prisoners who are being	14343
returned and who have escaped, to the adult parole authority and	14344
to the local law enforcement agency of this state or another state	14345
that has jurisdiction over the place at which the escape occurs;	14346

(e) A schedule of fines that the adult parole authority	14347
shall impose upon the private person or entity if the private	14348
person or entity fails to perform its contractual duties, and a	14349
requirement that, if the private person or entity fails to perform	14350
its contractual duties, the adult parole authority shall impose a	14351
fine on the private person or entity from the schedule of fines	14352
and, in addition, may exercise any other rights it has under the	14353
contract.	14354

(f) If the contract is entered into on or after the	14355
effective date of the rules adopted by the department of	14356
rehabilitation and correction under section 5120.64 of the Revised	14357
Code, specific provisions that comport with all applicable	14358
standards that are contained in those rules.	14359

(3) If the private person or entity that enters into the	14360
contract fails to perform its contractual duties, the adult parole	14361
authority shall impose upon the private person or entity a fine	14362
from the schedule, the money paid in satisfaction of the fine	14363
shall be paid into the state treasury, and the adult parole	14364
authority may exercise any other rights it has under the contract.	14365
If a fine is imposed under this division, the adult parole	14366
authority may reduce the payment owed to the private person or	14367
entity pursuant to any invoice in the amount of the fine.	14368

(4) Upon the effective date of the rules adopted by the	14369
department of rehabilitation and correction under section 5120.64	14370
of the Revised Code, notwithstanding the existence of a contract	14371
entered into under division (B)(2) of this section, in no case	14372
shall the private person or entity that is a party to the contract	14373
return Ohio prisoners from outside of this state into this state	14374
for the adult parole authority unless the private person or entity	14375
complies with all applicable standards that are contained in the	14376
rules.	14377

(5) Divisions (B)(1) to (4) of this section do not apply	14378
regarding any out-of-state prisoner who is brought into this state	14379
to be housed pursuant to section 9.07 of the Revised Code in a	14380
correctional facility in this state that is managed and operated	14381
by a private contractor.	14382

Sec. 5149.18.  For the purposes of Chapter 5149. of the	14383
Revised Code, all of the following apply:	14384

(A) "State, states, or States" means one or several of the	14385
fifty states of the United States, Puerto Rico, the Virgin	14386
Islands, and the District of Columbia.	14387

(B) The term "parole" includes post-release control under	14388
section 2967.28 of the Revised Code.	14389

(C) The term "probation" includes non-prison sanctions	14390
imposed under sections 2929.16, 2929.17, and 2929.18 of the	14391
Revised Code and community control sanctions imposed under	14392
sections 2929.26, 2929.27, and 2929.28 of the Revised Code.	14393

Pursuant to the consent and authorization contained in	14394
Section 111 (b) of title 4 of the United States Code as cited in	14395
section 5149.17 of the Revised Code, this state shall be a party	14396
to "Interstate Compact for the Supervision of Parolees and	14397
Probationers" with any additional jurisdiction legally joining	14398
therein when such jurisdiction has entered in said compact in	14399
accordance with its terms.	14400

Sec. 5149.31.  The department of rehabilitation and	14401
correction shall do all of the following:	14402

(A) Establish and administer a program of subsidies for	14403
eligible counties and groups of counties for felony offenders and	14404
a program of subsidies for eligible municipal corporations,	14405
counties, and groups of counties for misdemeanor offenders for the	14406
development, implementation, and operation of community	14407
corrections programs. Department expenditures for administration	14408
of both programs of subsidies shall not exceed ten per cent of the	14409
moneys appropriated for each of the purposes of this division.	14410

(B) Adopt and promulgate rules, under Chapter 119. of the	14411
Revised Code, providing standards for community corrections	14412
programs. The standards shall be designed to improve the quality	14413
and efficiency of the programs and to reduce the number of persons	14414
committed to state correctional institutions and to county,	14415
multicounty, municipal, municipal-county, or multicounty-municipal	14416
jails or workhouses for offenses for which community control	14417
sanctions are authorized under section 2929.13 or, 2929.15,or	14418
2929.25 of the Revised Code. In developing the standards, the	14419
department shall consult with, and seek the advice of, local	14420
corrections agencies, law enforcement agencies, and other public	14421
and private agencies concerned with corrections. The department	14422
shall conduct, and permit participation by local corrections	14423
planning boards established under section 5149.34 of the Revised	14424
Code and joint county corrections planning boards established	14425
under section 5149.35 of the Revised Code in, an annual review of	14426
the standards to measure their effectiveness in promoting the	14427
purposes specified in this division and shall amend or rescind any	14428
existing rule providing a standard or adopt and promulgate	14429
additional rules providing standards, under Chapter 119. of the	14430
Revised Code, if the review indicates that the standards fail to	14431
promote the purposes.	14432

(C) Accept and use any funds, goods, or services from the	14433
federal government or any other public or private source for the	14434
support of the subsidy programs established under division (A) of	14435
this section. The department may comply with any conditions and	14436
enter into any agreements that it considers necessary to obtain	14437
these funds, goods, or services.	14438

(D) Adopt rules, in accordance with Chapter 119. of the	14439
Revised Code, and do all other things necessary to implement	14440
sections 5149.30 to 5149.37 of the Revised Code;	14441

(E) Evaluate or provide for the evaluation of community	14442
corrections programs funded by the subsidy programs established	14443
under division (A) of this section and establish means of	14444
measuring their effectiveness;	14445

(F) Prepare an annual report evaluating the subsidy programs	14446
established under division (A) of this section. The report shall	14447
include, but need not be limited to, analyses of the structure of	14448
the programs and their administration by the department, the	14449
effectiveness of the programs in the development and	14450
implementation of community corrections programs, the specific	14451
standards adopted and promulgated under division (B) of this	14452
section and their effectiveness in promoting the purposes of the	14453
programs, and the findings of the evaluations conducted under	14454
division (E) of this section. The director of rehabilitation and	14455
correction shall review and certify the accuracy of the report and	14456
provide copies of it, upon request, to members of the general	14457
assembly.	14458

(G) Provide training or assistance, upon the request of a	14459
local corrections planning board or a joint county corrections	14460
planning board, to any local unit of government, subject to	14461
available resources of the department.	14462

Sec. 5321.01.  As used in this chapter:

14463

(A) "Tenant" means a person entitled under a rental agreement	14464
to the use and occupancy of residential premises to the exclusion	14465
of others.	14466

(B) "Landlord" means the owner, lessor, or sublessor of	14467
residential premises, the agent of the owner, lessor, or	14468
sublessor, or any person authorized by the owner, lessor, or	14469
sublessor to manage the premises or to receive rent from a tenant	14470
under a rental agreement.	14471

(C) "Residential premises" means a dwelling unit for	14472
residential use and occupancy and the structure of which it is a	14473
part, the facilities and appurtenances in it, and the grounds,	14474
areas, and facilities for the use of tenants generally or the use	14475
of which is promised the tenant. "Residential premises" includes a	14476
dwelling unit that is owned or operated by a college or	14477
university. "Residential premises" does not include any of the	14478
following:	14479

(1) Prisons, jails, workhouses, and other places of	14480
incarceration or correction, including, but not limited to,	14481
halfway houses or residential arrangements whichthat are used or	14482
occupied as a requirement of probationa community control	14483
sanction, a post-release control sanction, or parole;	14484

(2) Hospitals and similar institutions with the primary	14485
purpose of providing medical services, and homes licensed pursuant	14486
to Chapter 3721. of the Revised Code;	14487

(3) Tourist homes, hotels, motels, and other similar	14488
facilities where circumstances indicate a transient occupancy;	14489

(4) Elementary and secondary boarding schools, where the	14490
cost of room and board is included as part of the cost of tuition;	14491

(5) Orphanages and similar institutions;

14492

(6) Farm residences furnished in connection with the rental	14493
of land of a minimum of two acres for production of agricultural	14494
products by one or more of the occupants;	14495

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	14496
the Revised Code;	14497

(8) Occupancy by an owner of a condominium unit;

14498

(9) Occupancy in a facility licensed as an SRO facility	14499
pursuant to Chapter 3731. of the Revised Code, if the facility is	14500
owned or operated by an organization that is exempt from taxation	14501
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	14502
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	14503
group of entities in which such an organization has a controlling	14504
interest, and if either of the following applies:	14505

(a) The occupancy is for a period of less than sixty days;

14506

(b) The occupancy is for participation in a program operated	14507
by the facility, or by a public entity or private charitable	14508
organization pursuant to a contract with the facility, to provide	14509
either of the following:	14510

(i) Services licensed, certified, registered, or approved by	14511
a governmental agency or private accrediting organization for the	14512
rehabilitation of mentally ill persons, developmentally disabled	14513
persons, adults or juveniles convicted of criminal offenses, or	14514
persons suffering from substance abuse;	14515

(ii) Shelter for juvenile runaways, victims of domestic	14516
violence, or homeless persons.	14517

(10) Emergency shelters operated by organizations exempt	14518
from federal income taxation under section 501(c)(3) of the	14519
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501,	14520
as amended, for persons whose circumstances indicate a transient	14521
occupancy, including homeless people, victims of domestic	14522
violence, and juvenile runaways.	14523

(D) "Rental agreement" means any agreement or lease, written	14524
or oral, which establishes or modifies the terms, conditions,	14525
rules, or any other provisions concerning the use and occupancy of	14526
residential premises by one of the parties.	14527

(E) "Security deposit" means any deposit of money or property	14528
to secure performance by the tenant under a rental agreement.	14529

(F) "Dwelling unit" means a structure or the part of a	14530
structure that is used as a home, residence, or sleeping place by	14531
one person who maintains a household or by two or more persons who	14532
maintain a common household.	14533

(G) "Controlled substance" has the same meaning as in section	14534
3719.01 of the Revised Code.	14535

(H) "Student tenant" means a person who occupies a dwelling	14536
unit owned or operated by the college or university at which the	14537
person is a student, and who has a rental agreement that is	14538
contingent upon the person's status as a student.	14539

(I) "Community control sanction" has the same meaning as in	14540
section 2929.01 of the Revised Code.	14541

(J) "Post-release control sanction" has the same meaning as	14542
in section 2967.01 of the Revised Code.	14543

Sec. 5502.14.  (A) As used in this section, "felony" has the	14544
same meaning as in section 109.511 of the Revised Code.	14545

(B)(1) Any person who is employed by the department of	14546
public safety and designated by the director of public safety to	14547
enforce Title XLIII of the Revised Code, the rules adopted under	14548
it, and the laws and rules regulating the use of food stamps shall	14549
be known as an enforcement agent. The employment by the	14550
department of public safety and the designation by the director of	14551
public safety of a person as an enforcement agent shall be subject	14552
to division (D) of this section. An enforcement agent has the	14553
authority vested in peace officers pursuant to section 2935.03 of	14554
the Revised Code to keep the peace, to enforce all applicable laws	14555
and rules on any retail liquor permit premises, or on any other	14556
premises of public or private property, where a violation of Title	14557
XLIII of the Revised Code or any rule adopted under it is	14558
occurring, and to enforce all laws and rules governing the use of	14559
food stamp coupons, women, infants, and children's coupons,	14560
electronically transferred benefits, or any other access device	14561
that is used alone or in conjunction with another access device to	14562
obtain payments, allotments, benefits, money, goods, or other	14563
things of value, or that can be used to initiate a transfer of	14564
funds, pursuant to the food stamp program established under the	14565
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	14566
amended, or any supplemental food program administered by any	14567
department of this state pursuant to the "Child Nutrition Act of	14568
1966," 80 Stat. 885, 42 U.S.C.A. 1786. Enforcement agents, in	14569
enforcing compliance with the laws and rules described in this	14570
division, may keep the peace and make arrests for violations of	14571
those laws and rules.	14572

(2) In addition to the authority conferred by division	14573
(B)(1) of this section, an enforcement agent also may execute	14574
search warrants and seize and take into custody any contraband, as	14575
defined in section 2901.01 of the Revised Code, or any property	14576
that is otherwise necessary for evidentiary purposes related to	14577
any violations of the laws or rules described in division (B)(1)	14578
of this section. An enforcement agent may enter public or private	14579
premises where activity alleged to violate the laws or rules	14580
described in division (B)(1) of this section is occurring.	14581

(3) Enforcement agents who are on, immediately adjacent to,	14582
or across from retail liquor permit premises and who are	14583
performing investigative duties relating to that premises,	14584
enforcement agents who are on premises that are not liquor permit	14585
premises but on which a violation of Title XLIII of the Revised	14586
Code or any rule adopted under it allegedly is occurring, and	14587
enforcement agents who view a suspected violation of Title XLIII	14588
of the Revised Code, of a rule adopted under it, or of another law	14589
or rule described in division (B)(1) of this section have the	14590
authority to enforce the laws and rules described in division	14591
(B)(1) of this section, authority to enforce any section in Title	14592
XXIX of the Revised Code or any other section of the Revised Code	14593
listed in section 5502.13 of the Revised Code if they witness a	14594
violation of the section under any of the circumstances described	14595
in this division, and authority to make arrests for violations of	14596
the laws and rules described in division (B)(1) of this section	14597
and violations of any of those sections.	14598

(4) The jurisdiction of an enforcement agent under division	14599
(B) of this section shall be concurrent with that of the peace	14600
officers of the county, township, or municipal corporation in	14601
which the violation occurs.	14602

(C) Enforcement agents of the department of public safety	14603
who are engaged in the enforcement of the laws and rules described	14604
in division (B)(1) of this section may carry concealed weapons	14605
when conducting undercover investigations pursuant to their	14606
authority as law enforcement officers and while acting within the	14607
scope of their authority pursuant to this chapter.	14608

(D)(1) The department of public safety shall not employ, and	14609
the director of public safety shall not designate, a person as an	14610
enforcement agent on a permanent basis, on a temporary basis, for	14611
a probationary term, or on other than a permanent basis if the	14612
person previously has been convicted of or has pleaded guilty to a	14613
felony.	14614

(2)(a) The department of public safety shall terminate the	14615
employment of a person who is designated as an enforcement agent	14616
and who does either of the following:	14617

(i) Pleads guilty to a felony;

14618

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14619
plea agreement as provided in division (D) of section 2929.29	14620
2929.43 of the Revised Code in which the enforcement agent agrees	14621
to surrender the certificate awarded to that agent under section	14622
109.77 of the Revised Code.	14623

(b) The department shall suspend the employment of a person	14624
who is designated as an enforcement agent if the person is	14625
convicted, after trial, of a felony. If the enforcement agent	14626
files an appeal from that conviction and the conviction is upheld	14627
by the highest court to which the appeal is taken or if no timely	14628
appeal is filed, the department shall terminate the employment of	14629
that agent. If the enforcement agent files an appeal that results	14630
in that agent's acquittal of the felony or conviction of a	14631
misdemeanor, or in the dismissal of the felony charge against the	14632
agent, the department shall reinstate the agent. An enforcement	14633
agent who is reinstated under division (D)(2)(b) of this section	14634
shall not receive any back pay unless the conviction of that agent	14635
of the felony was reversed on appeal, or the felony charge was	14636
dismissed, because the court found insufficient evidence to	14637
convict the agent of the felony.	14638

(3) Division (D) of this section does not apply regarding an	14639
offense that was committed prior to January 1, 1997.	14640

(4) The suspension or termination of the employment of a	14641
person designated as an enforcement agent under division (D)(2) of	14642
this section shall be in accordance with Chapter 119. of the	14643
Revised Code.	14644

Sec. 5743.45.  (A) As used in this section, "felony" has the	14645
same meaning as in section 109.511 of the Revised Code.	14646

(B) For purposes of enforcing this chapter and Chapters	14647
5735., 5739., 5741., and 5747. of the Revised Code and subject to	14648
division (C) of this section, the tax commissioner, by journal	14649
entry, may delegate any investigation powers of the commissioner	14650
to an employee of the department of taxation who has been	14651
certified by the Ohio peace officer training commission and who is	14652
engaged in the enforcement of those chapters. A separate journal	14653
entry shall be entered for each employee to whom that power is	14654
delegated. Each journal entry shall be a matter of public record	14655
and shall be maintained in an administrative portion of the	14656
journal as provided for in division (L) of section 5703.05 of the	14657
Revised Code. When that journal entry is completed, the employee	14658
to whom it pertains, while engaged within the scope of the	14659
employee's duties in enforcing the provisions of this chapter or	14660
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, has the	14661
power of a police officer to carry concealed weapons, make	14662
arrests, and obtain warrants for violations of any provision in	14663
those chapters. The commissioner, at any time, may suspend or	14664
revoke that the commissioner's delegation by journal entry. No	14665
employee of the department shall divulge any information acquired	14666
as a result of an investigation pursuant to this chapter or	14667
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, except	14668
as may be required by the commissioner or a court.	14669

(C)(1) The tax commissioner shall not delegate any	14670
investigation powers to an employee of the department of taxation	14671
pursuant to division (B) of this section on a permanent basis, on	14672
a temporary basis, for a probationary term, or on other than a	14673
permanent basis if the employee previously has been convicted of	14674
or has pleaded guilty to a felony.	14675

(2)(a) The tax commissioner shall revoke the delegation of	14676
investigation powers to an employee to whom the delegation was	14677
made pursuant to division (B) of this section if that employee	14678
does either of the following:	14679

(i) Pleads guilty to a felony;

14680

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14681
plea agreement as provided in division (D) of section 2929.29	14682
2929.43 of the Revised Code in which the employee agrees to	14683
surrender the certificate awarded to that employee under section	14684
109.77 of the Revised Code.	14685

(b) The tax commissioner shall suspend the delegation of	14686
investigation powers to an employee to whom the delegation was	14687
made pursuant to division (B) of this section if that employee is	14688
convicted, after trial, of a felony. If the employee files an	14689
appeal from that conviction and the conviction is upheld by the	14690
highest court to which the appeal is taken or if the employee does	14691
not file a timely appeal, the commissioner shall revoke the	14692
delegation of investigation powers to that employee. If the	14693
employee files an appeal that results in that employee's acquittal	14694
of the felony or conviction of a misdemeanor, or in the dismissal	14695
of the felony charge against that employee, the commissioner shall	14696
reinstate the delegation of investigation powers to that employee.	14697
The suspension, revocation, and reinstatement of the delegation of	14698
investigation powers to an employee under division (C)(2) of this	14699
section shall be made by journal entry pursuant to division (B) of	14700
this section. An employee to whom the delegation of investigation	14701
powers is reinstated under division (C)(2)(b) of this section	14702
shall not receive any back pay for the exercise of those	14703
investigation powers unless that employee's conviction of the	14704
felony was reversed on appeal, or the felony charge was dismissed,	14705
because the court found insufficient evidence to convict the	14706
employee of the felony.	14707

(3) Division (C) of this section does not apply regarding an	14708
offense that was committed prior to January 1, 1997.	14709

(4) The suspension or revocation of the delegation of	14710
investigation powers to an employee under division (C)(2) of this	14711
section shall be in accordance with Chapter 119. of the Revised	14712
Code.	14713

Sec. 5907.021.  (A) As used in this section, "felony" has	14714
the same meaning as in section 109.511 of the Revised Code.	14715

(B)(1) The superintendent of the Ohio veterans' home shall	14716
not appoint a person as a chief of police or an employee as an	14717
Ohio veterans' home police officer on a permanent basis, on a	14718
temporary basis, for a probationary term, or on other than a	14719
permanent basis if the person or employee previously has been	14720
convicted of or has pleaded guilty to a felony.	14721

(2)(a) The superintendent of the Ohio veterans' home shall	14722
terminate the employment of a chief of police or the employment as	14723
an Ohio veterans' home police officer of an employee appointed as	14724
an Ohio veterans' home police officer if that chief of police or	14725
employee does either of the following:	14726

(i) Pleads guilty to a felony;

14727

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14728
plea agreement as provided in division (D) of section 2929.29	14729
2929.43 of the Revised Code in which the chief of police or	14730
employee agrees to surrender the certificate awarded to that chief	14731
of police or employee under section 109.77 of the Revised Code.	14732

(b) The superintendent shall suspend from employment a chief	14733
of police or from employment as an Ohio veterans' home police	14734
officer an employee appointed as an Ohio veterans' home police	14735
officer if that chief of police or employee is convicted, after	14736
trial, of a felony. If the chief of police or the employee files	14737
an appeal from that conviction and the conviction is upheld by the	14738
highest court to which the appeal is taken or if the chief of	14739
police or the employee does not file a timely appeal, the	14740
superintendent shall terminate the employment of that chief of	14741
police or that employee as an Ohio veterans' home police officer.	14742
If the chief of police or the employee files an appeal that	14743
results in that chief of police's or that employee's acquittal of	14744
the felony or conviction of a misdemeanor, or in the dismissal of	14745
the felony charge against that chief of police or that employee,	14746
the superintendent shall reinstate that chief of police or that	14747
employee as an Ohio veterans' home police officer. A chief of	14748
police or an employee who is reinstated as an Ohio veterans' home	14749
police officer under division (B)(2)(b) of this section shall not	14750
receive any back pay unless the conviction of that chief of police	14751
or that employee of the felony was reversed on appeal, or the	14752
felony charge was dismissed, because the court found insufficient	14753
evidence to convict the chief of police or the employee of the	14754
felony.	14755

(3) Division (B) of this section does not apply regarding an	14756
offense that was committed prior to January 1, 1997.	14757

(4) The suspension from employment, or the termination of	14758
the employment, of a chief of police or an Ohio veterans' home	14759
police officer under division (B)(2) of this section shall be in	14760
accordance with Chapter 119. of the Revised Code.	14761

Sec. 6101.75.  (A) As used in this section, "felony" has	14762
the same meaning as in section 109.511 of the Revised Code.	14763

(B) The board of directors of a conservancy district may	14764
police the works of the district and, in times of great emergency,	14765
may compel assistance in the protection of those works. The board	14766
may prevent persons, vehicles, or livestock from passing over the	14767
property or works of the district at any places or in any manner	14768
that would result in damage to the property or works or in the	14769
opinion of the board would endanger the property or works or the	14770
safety of persons lawfully on the property or works.	14771

The employees that the board designates for that purpose have	14772
all the powers of police officers within and adjacent to the	14773
properties owned or controlled by the district. Before entering	14774
upon the exercise of those powers, each employee shall take an	14775
oath and give a bond to the state, in the amount that the board	14776
prescribes, for the proper exercise of those powers. The cost of	14777
the bond shall be borne by the district. This division is subject	14778
to division (C) of this section.	14779

(C)(1) The board of directors shall not designate an	14780
employee as provided in division (B) of this section on a	14781
permanent basis, on a temporary basis, for a probationary term, or	14782
on other than a permanent basis if the employee previously has	14783
been convicted of or has pleaded guilty to a felony.	14784

(2)(a) The board of directors shall terminate the employment	14785
of an employee designated as provided in division (B) of this	14786
section if that employee does either of the following:	14787

(i) Pleads guilty to a felony;

14788

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14789
plea agreement as provided in division (D) of section 2929.29	14790
2929.43 of the Revised Code in which the employee agrees to	14791
surrender the certificate awarded to that employee under section	14792
109.77 of the Revised Code.	14793

(b) The board of directors shall suspend from employment an	14794
employee designated as provided in division (B) of this section if	14795
that employee is convicted, after trial, of a felony. If the	14796
employee files an appeal from that conviction and the conviction	14797
is upheld by the highest court to which the appeal is taken or if	14798
the employee does not file a timely appeal, the board shall	14799
terminate the employment of that employee. If the employee files	14800
an appeal that results in that employee's acquittal of the felony	14801
or conviction of a misdemeanor, or in the dismissal of the felony	14802
charge against that employee, the board shall reinstate that	14803
employee. An employee who is reinstated under division (C)(2)(b)	14804
of this section shall not receive any back pay unless that	14805
employee's conviction of the felony was reversed on appeal, or the	14806
felony charge was dismissed, because the court found insufficient	14807
evidence to convict the employee of the felony.	14808

(3) Division (C) of this section does not apply regarding an	14809
offense that was committed prior to January 1, 1997.	14810

(4) The suspension from employment, or the termination of	14811
the employment, of an employee under division (C)(2) of this	14812
section shall be in accordance with Chapter 119. of the Revised	14813
Code.	14814

Section 2.  That existing sections 1.05, 109.42, 109.511,	14815
109.77, 120.06, 120.16, 120.26, 149.43, 306.352, 311.04, 321.44,	14816
505.49, 509.01, 511.232, 737.052, 737.162, 737.41, 1501.013,	14817
1503.29, 1517.10, 1531.132, 1541.11, 1545.13, 1547.523, 1547.99,	14818
1702.80, 1713.50, 2101.09, 2152.02, 2152.19, 2152.20, 2301.03,	14819
2301.27, 2301.28, 2301.30, 2301.32, 2305.234, 2313.29, 2903.13,	14820
2905.12, 2907.15, 2907.27, 2919.22, 2923.14, 2925.11, 2929.01,	14821
2929.17, 2929.18, 2929.19, 2929.221, 2929.24, 2929.25, 2929.28,	14822
2929.29, 2929.31, 2935.33, 2937.07, 2945.17, 2947.06, 2947.21,	14823
2949.111, 2950.01, 2950.99, 2951.01, 2951.011, 2951.02, 2951.021,	14824
2951.041, 2951.05, 2951.06, 2951.07, 2951.08, 2951.10, 2953.31,	14825
2953.32, 2953.33, 2961.01, 2963.01, 2963.11, 2963.20, 2963.21,	14826
2967.02, 2967.22, 2967.26, 2969.11, 2969.12, 2969.13, 2969.14,	14827
3313.65, 3321.38, 3345.04, 3719.12, 3719.121, 3719.70, 3734.44,	14828
3735.311, 3748.99, 3793.13, 3937.43, 3959.13, 4507.021, 4507.022,	14829
4507.16, 4507.99, 4511.83, 4511.99, 4717.05, 4734.35, 4761.13,	14830
4973.171, 5101.28, 5101.45, 5119.14, 5120.10, 5120.102, 5120.103,	14831
5120.56, 5122.01, 5122.10, 5122.21, 5122.26, 5123.13, 5147.12,	14832
5147.30, 5149.03, 5149.18, 5149.31, 5321.01, 5502.14, 5743.45,	14833
5907.021, and 6101.75 and sections 737.30, 737.99, 2929.21,	14834
2929.22, 2929.23, 2929.51, 2933.16, and 2951.09 of the Revised	14835
Code are hereby repealed.	14836

Section 3.  The provisions of the Revised Code in existence	14837
prior to July 1, 2003, shall apply to a person upon whom a court	14838
imposed prior to that date a term of imprisonment for a	14839
misdemeanor offense and to a person upon whom a court, on or after	14840
that date and in accordance with the law in existence prior to	14841
that date, imposed a term of imprisonment for a misdemeanor	14842
offense that was committed prior to that date.	14843

The provisions of the Revised Code in existence on and after	14844
July 1, 2003, apply to a person who commits a misdemeanor offense	14845
on or after that date.	14846

Section 4.  Sections 1 and 2 of this act shall take effect	14847
July 1, 2003.	14848

Section 5.  Section 1.05 of the Revised Code is presented in	14849
this act as a composite of the section as amended by both Am. Sub.	14850
S.B. 166 and Am. Sub. S.B. 269 of the 121st General Assembly.	14851
Section 109.77 of the Revised Code is presented in this act as a	14852
composite of the section as amended by Sub. H.B. 148, Am. Sub.	14853
H.B. 163, and Am. S.B. 137 of the 123rd General Assembly. Section	14854
1702.80 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 1713.50 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 2152.19 of the Revised Code is	14860
presented in this act as a composite of the section as amended by	14861
both Sub. H.B. 247 and Sub. H.B. 393 of the 124th General	14862
Assembly. Section 2301.03 of the Revised Code is presented in this	14863
act as a composite of the section as amended by both Sub. H.B. 8	14864
and Sub. H.B. 393 of the 124th General Assembly. Section 2301.32	14865
of the Revised Code is presented in this act as a composite of the	14866
section as amended by both Am. Sub. H.B. 571 and Am. Sub. H.B. 406	14867
of the 120th General Assembly. Section 2929.17 of the Revised Code	14868
is presented in this act as a composite of the section as amended	14869
by Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub.	14870
S.B. 107 of the 123rd General Assembly. Section 2929.18 of the	14871
Revised Code is presented in this act as a composite of the	14872
section as amended by Am. H.B. 528, Am. Sub. S.B. 22, and Am. Sub.	14873
S.B. 107 of the 123rd General Assembly. Section 2929.221 of the	14874
Revised Code is presented in this act as a composite of the	14875
section as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 166	14876
of the 121st General Assembly. Section 2950.01 of the Revised Code	14877
is presented in this act as a composite of the section as amended	14878
by both Sub. H.B. 393 and Am. Sub. S.B. 175 of the 124th General	14879
Assembly. Section 3345.04 of the Revised Code is presented in	14880
this act as a composite of the section as amended by both Am. Sub.	14881
H.B. 566 and Am. Sub. H.B. 568 of the 121st General Assembly.	14882
Section 5119.14 of the Revised Code is presented in this act as a	14883
composite of the section as amended by both Am. Sub. H.B. 566 and	14884
Sub. H.B. 670 of the 121st General Assembly. Section 5123.13 of	14885
the Revised Code is presented in this act as a composite of the	14886
section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of	14887
the 121st General Assembly. Section 5743.45 of the Revised Code	14888
is presented in this act as a composite of the section as amended	14889
by both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General	14890
Assembly. The General Assembly, applying the principle stated in	14891
division (B) of section 1.52 of the Revised Code that amendments	14892
are to be harmonized if reasonably capable of simultaneous	14893
operation, finds that the composite is the resulting version of	14894
the section in effect prior to the effective date of the section	14895
as presented in this act.	14896